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HomeMy WebLinkAbout2.0 BOCC Staff Report 01.13.1997• • BOCC 1/13/97 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: James & Ilse Lyons LOCATION: A tract of land located in a portion of Section 5, T7S, R94W of the 6th P.M.; located approximately seven (7) miles east of Parachute on Holms Mesa, north and west of County Road 301. SITE DATA: 51 Acres WATER: Shared well SEWER: Individual sewage disposal systems (ISDS) ACCESS: County Road 301 (Morrisania Mesa Road) EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject tract is located within District C - Rural Areas/Minor Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981; 1984 Plans). I1. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject tract is 51 acres in size and located approximately seven (7) miles east of Parachute along County Road 301. The tract is on Holms Mesa, west of Cache Creek and slopes at an average of 11%. The majority of the tract is utilized as pasture and there is an existing single family dwelling and agricultural structures located i. the northcentral portion of the tract, near the county road. See vicinity map, page • ` • • - /' B. C. • • Adjacent Land Uses: Adjacent land uses are largely agricultural and single family residential, on generally large tracts. Proposal: The applicants propose to subdivide, by exemption, the 51 acre tract into three (3) parcels of 15.92, 15.92 and 19.36 acres each. The existing dwelling and barn would be located on proposed lot #2 and the other lots would be developed as single family homesites, sometime in the future. See sketch map, page 7— . III. MAJOR ISSUES AND CONCERNS A. B. Subdivision Regulations: Section 8:52 (A) of the Garfield County Subdivision Regulations states that "No more than a total of four (4) lots, parcels, interests or dwelling units will he 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), preventing joint use of the proposed tracts, and the division occurs along the public right-ofwcry, .such parcels thereby created may, in the discretion of the Board, not he considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable;" The applicants obtained the tract in May, 1993, and have submitted a deed fromApril, 1972, both containing the same property description. See deeds, pages II 7 A further search of County records indicates that no subdivision action has been approved since January I, 1973. Based on this analysis, this request complies with Section 8:52 (A) of the Subdivision Regulations. Zoning: The tract is within the A/R/RD zone district and all proposed lots are in excess of the 2.0 acre minimum lot size requirement. There are no regulated floodplains on the property and slope would not be a significant impediment to further development. Water Supply: The water supply for this exemption would be from an existing, exempt, domestic well that would be shared among the three proposed lots. This well is the subject of a four (4) hour pump test, conducted November 11, 1996, at a rate of four (4) gallons per minute (gpm). Drawdown during the test was calculated to be approximately four (4) feet, which recovered to within 0.38 feet (4.56 inches), of the pre -pumped level, within one hour. See pump test information, pages /9 //. Based on this information, it appears there would be an adequate, physical water supply for the proposed lots. It appears the well was once permitted as a household - use and livestock irrigation well only, which has been amended to an exempt, domestic well, a legal water su ply for up to three (3) single family dwellings. See well permit, pages 4.1 V % • • Staff recommends that, prior to final approval, the water supply be tested for nitrate/nitrite content and fecal coliform bacteria. Additionally, the exemption plat must show a minimum 20 foot water line and wellhead easement and a well -sharing declaration must be submitted. D. Soils/Sewer: The method of wastewater disposal is proposed to be the use of individual sewage disposal systems. According to the Soil Conservation Service, there are two (2) classifications of soil on-site, the Morval loam and the Vale silt loam. Both soils are deep and well -drained and, when used for building site development, constraints range from slight to moderate, generally due to the shrink - swell potential in the Morval soil and slope in the Vale soil. When used for placement of ISD systems, both soils are considered to have moderate constraints, generally due to slow percolation and slope. E. Access: The existing dwelling is accessed from the north side of County Road 301, and the proposed lots would also be accessed from CR 301. Although it is not stated in the application, staff presumes that the proposed lots would be developed with individual driveways. As long as new driveway intersections with CR 301 are not placed on or near the existing curves in the county road, there should be adequate sight distances. Staff recommends that, prior to final approval, the applicant consult with the County Road and Bridge Department and receive advice on driveway intersections and any additional driveway permits, if required by the Department. Fire Protection: The application contains a letter from the Grand Valley Fire Protection District, stating its consent to the exemption application. The District requests that it be contacted prior to any further construction on the property, in order to review plans for fire protection, road design and water resources. See letter, page /V • Staff also suggests the inclusion of the standard plat note addressing wildfire mitigation. G. Easements: All required easements for access, utilities, water supply, etc.,will be required to be shown on an exemption plat. H. School Impact Fees: The applicant would be required to pay the $200 school impact fee, per lot ($400.00 total) for the creation of the exemption parcels. 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. Comments Received: An adjacent landowner has submitted a letter, suggesting that portions of each lot be conserved for elk and deer migration and not be deer -fenced, and suggests that there be a production limit of four (4) gpm placed on well. See letter, page •Ai. + �3 GIP • • IV. SUGGESTED FINDINGS I . 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 in School Impact Fees ($400.00 total), for the creation of the exemption parcels, prior to authorization of an exemption plat. 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." • • • "The individual lot owners shall be responsible for the control of noxious weeds." 6. That the recording fees for the exemption plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of an Exemption Plat by the Board of County Commissioners and a copy of the receipt be provided to the Planning Department. 7. That the exemption plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. 8. That all proposed lots shall comply with the Garfield County Zoning Resolution of 1978, as amended, and any building shall comply with the 1994 Uniform Building Code, as adopted. 9. Prior to final approval, the well water shall be tested, by an independent laboratory, for nitrate/nitrite and fecal coliform bacteria content. Additionally, the applicants shall prepare a well -sharing declaration. All information shall be submitted to the Planning Department for review. 10. Prior to final approval, the applicant shall consult with the County Road and Bridge Department regarding new driveway intersections with County Road 301 and obtain any driveway permits required by the Department. 11. That the following provisions be included in the protective covenants governing the exemption parcels: One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowinyg for the removal of a dog from the area as a final remedy in worst cases. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. ,1 • 249 / 'J4- ♦ �i f� MESA i GLENWOOD SPRINGS 37 MI. RIFLE 9 MI. Plant.-- 529 • i RULISON QUADRANGLE • COLORADO -GARFIELD CO. 7.5 MINUTE SERIES (TOPOGRAPHIC) 251 \\I�P9 •\ �\ 3\� r 252 10 2 , r , 2 7 II I• ; o c I 12 x4375 • • •✓i 1373 '372 ' 70 0 C 7 0 0 Q W O • .t7 7S: I • It Z .99 19Z1 3.01491.0115 SR r l f l 3.0U.9>.U0S Q ty ammo 0 V kcccptiun No. 441J62 �'}�y _ e j . J �, —rs.n•rs�'LC•It. Recorder. Recorded et /,�,�/( o'clock p M. --,A——� 11—anox 862 8 9 QUIT CLAIM DEED TIIIS DEED, Madc this 17TH day of MAY , 19 9 3 , between J. RANDY WILSON of the said County of GARFIELD and State of COLt.RADo • grantor, and ILSE LYONS AND JAMES P. LYONS MAY 18 1993 I3ARFIELD Soaks Doc. Fee whose legal address is 0605 LIONS RIDGE • ROAD, CARBONDALE, CO 81623 of the said County of GARFIELD and State of COLORADO , grantee: WITNESS, that the grantor, for and in consideration of the sum of good and valuable consideration and ten DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents, do remise, release, sell, convey and Quit Claire unto the grantee, his heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the said County of GARFIELD and State of Colorado described es follows: ANY AND ALL WATER AND WATER RIGHTS, DITCHES AND DITCH RIGHTS, WELL AND WELL RIGHTS, HISTORICALLY USED UPON OR IN CONNECTION WITH TIIAT CERTAIN REAL PROPERTY DESCRIBED HEREIN, SPECIFICALLY INCLUDING WITHOUT LIMITATION ANY AND ALL WELL AND WELL RIGHTS USED FOR DOMESTIC, LIVESTOCK AND IRRIGATION OF 1 ACRE OF LAND DESCRIBED IN WELL PERMIT NUMBER 110004. TOWNSHIP 7 SOUTH, RANGE 94 WEST OF THE 6TH P.M. SECTION 5: SW1/4NW1/4 and all that part of the SE1/4NW1/4 lying Westerly of the County Road. EXCEPTING therefrom a reservoir site and Ditch rights of way as reserved in Deed recorded June 2, 1914, in Book 93 at Page 350. COUNTY OF GARFIELD STATE OF COLORADO as known by street and nurnber as: TO IIAVE AND TO HOLD the same, together with all and singular dee appurtenances and privileges thereunto belonging or in any- wise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behno( of the grantee, his heirs are. assigns forever. The singular number shell include the plural, the plural and the singular, and the use of any gender shall he apl,ltcable 1. all genders. IN WI7/S WHEREOF, the grantor has executed this decd on the date set forth above. RANDY WIL aN State of COLORADO ) ) as. County of GARFIELD The foregoing instrument was acknowledged before me this by J. Randy Wilson .N 4iyYcbi an expires Q % I 1 ( CINDY �� t HUGHES J S 7, yr'. sI, 'tt 4 • no. 933 ` "._ 17T11 day of MAY 051795 . Witness my hand and official seal. .1993 , Li l ( C t� 1t i p� Notary Public (J - Ftte No. 93021231 C-2 460 Recorded at. f;' �)r._' o'clock... n :.,hf., .....'Aj)r i 1 .Lt] t ll) )2 Reception N r 3 7)r Ella :,tet • 'ns,,_ TILTS DEED, Made this /3 day of April /.: 79 72, between 1". W. C. MOORE and VIOLA M. MOORE L) of the • County of Garfield and Strife of Colorado, of the first part, and _.ReA1110 1tECORDlIt'S S'PAMP STATE COCUGECIP.IIT_(Il---_;. 1; ;AN 1 ii l:i7L- ( .-... i VE: 00 —..._ MALCOLM D. SMITH and MARTHA K. SMITH of the County of Garfield and State of Colorado, of the second part: WITNESSETII, that the said partieSof the first part, for and in conaiderntion of the suns of • Ten Dollars and other good and, valuable consideration RalIDLLB.C, to the said part ie 8f tho first part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, ha ve granted, harrnlned, sold and conveyed, and by these presents do grant, bargain, sell, convey and confirm unto U,o said parties of the second part, their heirs And assigns forever, nos in tenancy in common but in joint tenancy, all the following described lot or parcel of Innd, situate, lying and being in the _— County of 0.. r f 1eld State of Colorado, to wit: TheSW4NW3/4 and all that part of the(SE'hNWk lying Westerly of the County Road, all in Section 5, 7'S. R. 94 W,, 6th P.M., togeth with an undivided interest in and to the Evens Enlargement of the Blue Bird Ditch from Cache Creek, together with 75• cubic feet of water per minute of time from the said ditch. SUBJECT TO a reservoir site and ditch rights of way as reserved in Warranty Deed Recorded June 2, 1914 in Book 93 at Page 350 as Re- ception No. 49606 and more particularly described as follows: There is_exc.epted from the foregoing conveyance of land four acres in the(NWl SE4-of.said Section 5 which is not the property of the Grantor herein, there is also excepted a tract of land in the SE4 NW.4 of.said Section 6 containing 2.15 acres for a reservoir site, described as follows: Beginning at a point, N. 30° W. 1072 feet from the SE Corner of the SEkNW4 of said Section 5; thence S. 55° W. 270 feet to a point; thence N. 45° W: 215 feet to a point; them. N. 20° W. 233 feet to a point; thence S. 77° E. 405 feet to a poin thence S. 23° E. 130 feet, the place of beginning. There is also hereby reserved a right of way for a ditch, beginning at a point which is 266 feet S. from the NW Corner of the NW4SEk of said Sec- tion 5 and 100 feet from said W. line'r,f'said NW'kSE4, thence W. 10 feet to the W. line of the NWzSE4 of said Section 5; thence N. 266 feet to the NW corner NWkSEk of said Section 5; thence W. 225 feet thence S. 35° W.112 feet; thence N. 65° W. 320 feet; thence W. 550 feet along the S. line of the SE4Nd4 of Section 5, to a gulch; thence along the said gulch to a reservoir tract herein above res- erved; thence from the Northern line of said -reservoir N. 21° E. 70 feet; thence N. 40° E. 100 feet; thence N. 68° E. 65 feet; then N. 41° E. 90 feet to the North line of said SE4NWk of said Section 5. There is also hereby reserved a ditch right-of-way, commencing at the point of beginning of the last ditch right--of-way above re- served; thence N. 45° E. 270 feet; thence N. 25° E. 110 feet; then N. 28° E. 410 feet; thence N. 12° E. 945 feet to the N. line of th SW4NEk of said Section 5. There is also hereby reserved a ditch right-of-way beginning at a point at the SW Corner of the SWZNW4 of said Section 5; thence N. 1006 feet; thence N. 25° E. 220 feet; Lltence N. 52° E. 70 feet; thence N. 71° E. 190 feet; thence E. ].50 feet; thence S. 42° E. 120 feet; thence N. 79° E. 175 feet; thence S. 88° E. 220 feet; thence N. 78° E. 365 feet to the Northwest Cor nor of the SW4NWk of said Section 5. It being understood that the ditch right -of -.way hereby reserve1 are to be ten (10) feet in wilt and also includes that the right to construct, maintain, clean out and operate the said ditches over and across Lhe right-of-way here above reserved and the 1.asonalle and necessary use of said ditche for the carriage of water for irrigation and domestic purposes and the right ( to' storepwater and use the same for the said reservoir. w coif ICI$u-tat" vitl1 nil nndtsingula the IrcredilnrucnisLend pp rtenances [nVC resc cd, 'appurtenances [Hereunto belonging, or in anywise nl'perinining, and the reversion and reversions, remainder rind rcmnindcrs, rents, issues and profits thereof; and all the estate, right, title, Interest, clahn and demand whatsoever of tho said port 1efb1. the first port, either in law or equity, of, in and to tho above bargained premises, with tho hereditnments and appurtenances. Nn. 7::V, wnar.,%r. rr n::l.u--Tri 1..h,t •r.u„ht... -urn �Ifnnl 1'„ ret,hn. C pent. IV I :anal ntr., t, Uen+er, r I„rn.ln .-1-71 r e e e n en P.O. Box 1908 1005 Cooper Ave. Glenwood Springs, CO 81602 Z4P1C4KELL4 4140 455004TES OPiGitsIEESINa CONSULr4NTS November 22, 1996 Mr. James Lyons 7775 County Road 301 Parachute, CO 81635 Re: Lyons Property - Well Pump Test Dear Mr. Lyons: (970) 945-5700 (970) 945-1253 Fax At your request, Zancanella and Associates, Inc. has completed a pump test on the well currently used at your residence. The purpose of the test was to determine if the well has sufficient yield to supply an additional two residences for the proposed exempt subdivision of your property. The well is located in the SW1/4 of the NW1/4 of Section 5, Township 7 South, Range 94 West of the 6th P.M. The well can be plotted 2,600 feet from the North section line and 700 feet from the West section line. The approximate location of the well and property are shown on the attached site map (Figure 1). The pump test was conducted on November 11, 1996. The depth of the well is approximately 300 -feet with the existing pump set at 280 -feet. The static water level was measured 151.1' below the top of the casing. At the current water level there is approximately 129 -feet of available drawdown (280 - 151). The well was tested at a pumping rate of approximately 4 gallons per minute (gpm) and was pumped continuously for a 4 hour period. Drawdown and time data collected during the test is presented in the attached Table 1. We have plotted the drawdown vs. time curve for the well which is illustrated on the attached Figure 2. As can be seen from Table 1 and Figure 2, the well drawdown was approximately 3' feet in the first hour of testing and then increased to 4 feet by the end of the 4 -hour test. When pumped, the well showed continuous drawdown with time and did not stabilize (remain at a fixed level). However, the drawdown only increased by 0.13 feet over the last hour of pumping. The Office of the State Engineer's Water Well Construction Rules (Rule 14.2) defines "well yield test: the yield of a well shall be determined as a stabilized production rate where the withdrawal rate and the drawdown do not change by more than 10% during the last hour of the test". At a pumping rate of 4 gpm, the change in the drawdown was 3%. The pumping level at a rate of 4 gpm stayed well above the pump intake during the pumping test and only utilized approximately 3% of the available drawdown (4.2 feet /129 feet). By the state's definition, the stabilized well yield for the pump test was at least 4 gpm. Recovery data (water levels) were collected for a 1 -hour period after pumping was terminated. The recovery data is presented in Table 2. The recovery plotted as residual drawdown is shown in Figure 3. Based on the residual drawdown curve, the well displayed normal recharge - characteristics. The well was showing a•steady recharge through the end of the recovery monitoring period. The water level was projected to return to "pre -pumping" conditions based on the slope of the residual drawdown curve. • • Based on the results of the pump test, we believe the current well has sufficient yield to supply the three proposed lots. Under current Garfield County regulations a minimum supply from a well must be 350 gallons per day per residence for a exempt subdivision. The results of the pump test indicate the current yield is greater than the minimum requirements. While the well is capable of providing the average daily requirements for all three residences, peak demands on the system will need to be addressed by an on-site storage tank. We recommend a minimum of 1500 gallons of storage. This will provide a buffer if the well pump was to fail. The pump test yield represents the short term ability of the aquifer and constructed well to meet the water demands. The long term yield of the underlying aquifer is dependent on the geologic conditions and the available recharge from the hydrologic cycle. Periods during drought conditions (low recharge) might require conservation measures and monitoring of the well to ensure proper management of this resource. Additional water supply information will most likely be required by the county prior to subdivision approval. The additional information which will likely be required includes the development of a well sharing agreement and water quality testing. The agreement should be prepared by an attorney and most likely will outline costs to be shared by the lot owners for operation, maintenance, and replacement of the well and water supply system. Water quality tests should be conducted to test for bacteria and nitrates. We can could coordinate testing at your request. Your well is currently permitted as an exempt well registered with the Division of water resources under Permit No. 110037. A exempt well on a parcel of land greater than 35 acres is limited to serving up to three single-family residences and the irrigation of one acre. We recommend comparing the cost of constructing supply lines from the existing well versus constructing new wells on the two additional lots. By relinquishing the existing exempt well permit, new well permits could be acquired for three wells, but would most likely limit the wells to in-house uses with no outside irrigation uses. Serving the exempt subdivision with three in -house -use -only wells would eliminate the need for on-site storage, assuming the wells are capable of supplying the individual home peak demands. Outside irrigation needs can be provided from your existing ditch system. If you have any questions, please feel free to contact our office at 945-5700. Very truly yours, Zancanella and Associates, Inc. 1 ko.t,e,,/, A Z ra.,-\ ca (IQ Thomas A. Zancanella, P.E. President TAZJj m w/encl CC: Mr. Samuel Phelps 96340\welrpt.wpf Y SEO-WTR LIIV 5 \vRJ-S-ke�.76 Application mus, b' complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed, TEL :303-945-5655 • Dec 25 9( . COLORADO DIVISION OF WATER RES01 ,, 818 Centennial Bldg., 1313 Sherman St., Denver, Color PERMIT APPLICATION FORM ()() A PERMIT TO USE GROUND WATER ( X) A PERMIT TO CONSTRUCT A WELL FOR: I)() A PERMIT TO INSTALL A PUMP S 0 80203 14:54 No .002 P.04 ` Y ( ) REPLACEMENT FOR NO f ) OTHER WATER COURT CASE NO RECEIVED AUG 1 3 1979 WATER RESOURCES STATE ENGIffal 034 (1) APPLICANT - mailing address R�3by W,LS� NAME $oX ry STREET C�LENvJO0C) SPLL CITY. - --_. _ -- (' R • QL (5(1(1`) (zip) TELEPHONE NO • ,.7 HI -,37(c"1 (2).LOCATION OF PROPOSED WELL GAR. P IJ S}J n'�yf!(rw rwl all ikAT pr .7 ly).1 of the - %, Section Or Twp. _.�- , Rng. :N. SI ,F,Y;I P.M (3) WATER USE AND WELL DATA Prnrxisecl maximum pumping rate (gpm! _%S -. Average annual amount of ground water to be appropriated (acre-feet)! Number of acres to he irrigated: Proposed total depth (feet): STire% fa0 FT )V4 _Fs Aquifer ground water is to b1' Obtained from: Owner's well designation ,Flirt 4s1J&y !hot), GROUND WATER TO BE USED FQR: ( x) HOUSEHOLD USE ONLY - no irrigation (0) ( 1 DOMESTIC (11 1 I INDUS1 R.IAL (51 (X 1 LIVESTOCK (2) ( I IRf1IGATION (61 ( ) COrv,rvMERCIAL (4) ( I MUNICIPAL (8) ( 1 OTHER 19) DETAIL THE USE ON BACK IN 1 1 ) (4) DRILLER Narne Irl ' C tusk. Slrcct City /tlo.+T istSe ) Telephone No Loy, ISVW (stale) ,2q7- 6417/ Lic. No 6141 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. BaSin Dist. CONDITIONS OF APPROVAL This well shall be used In such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seekiny relief in a civil court action. APPROVED PURSUANT TO CRS 1973, 37-92-602 (3) (b) (I I) AS THE ONLY IPELL ON A T14A.CT OF 35 ACRPS OR MORE DESIGNATED AS 5-5— ACRES SACR:S IN /L'�t/ / S c 5-� 7 ,S . 2 . �/ c� ', rt -f. APPROVED FOR DOMESTIC GSE, INCLUDING THE IRRIGATION OF NOT OVER ONE ACRE OF HOKE GARDP6/13 1HD LAWNS. APPROVr:1) PURSUANT TO CRS 1973, 37-92-60E FOR THE WATERING OF LIVESTOCK ON A FARM OR RANCH. Conditions of approval continued on page 2. -J) 11-1 APPLICATION APPROVED PERMIT NUMBER 110004 DATE ISSUED. AUG 29 1979 EXPIRA 'w' DATF il- ENGINEER) COUNTY _� I.D, SES -MTP DIL 5 TEL :303-945-5665 • Permit No, 110004 James P. & Ilse Lyons Dec 26 95 14:54 No .002 P.03 • Page 2 Pursuant to Policy Memorandum 93-4, the conditions of approval of permit no. 110004 are changed to: 1) Thls well shall be used In such a way as to cause no material injury to existing water rights, The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief In a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 55.71 acres described as the SW 1/4, NW 1, Sec. 5, and that portion of the SE 1/4, NW 1/4, Sec. 5, all In Twp. 7 South, Rng. 94 West of the 6th P.M., Garfield County, being more particularly described on the exhibit A attached to tho well permit file. 4) ThG use of ground water from this well Is limited to fire protection, ordinary household purposes inside three (3) single family dwellings, tho irrigation of not more than one acre of home gardens and lawns, and the watering of poultry, domestic animals, and livestock on a farm or ranch. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water Is returned to the same stream system in which the well is located. 7) This well shall be located not more than 200 feet from the location specified on this permit. DIRE PROTECTION DISTRGRAND VALLEY CT P. 0. Box 295 Parachute, Colorado 81635 (303) 285-7630 October 11, 1996 Garfield County Commissioners 109 8th Street Glenwood Springs, CO 81601 Dear Commissioners: The Parachute -Battlement Fire Department has been contacted concerning a 50+/4 parcel split of property owned by Jim and Ilse Lyons in Ru, on on County Road 301. The County requires fire department approval for this split, and approval is hereby given. We request that before any building occurs on the property that the fire department be contacted to review the plans and to assist in planning for fire protection, road design, and water resources. Sincerely, Ted Anderson President/GVFPD • • 6691 County Road 309 Parachute, Colorado 81635 6 January 97 Mr. Mark Bean, Garfield County Planning Department Garfield County Commissioners 109 E. Eighth Street Glenwood Springs, Colorado 81601 Gentlemen: The request for exemption of James and Ilse Lyons impacts my concerns for Rulison development. To minimize the impact on the area, we request you consider two conditions for your approval: game travel slot and well water quantity limit. GAME TRAV EL,: The Colorado Fish and Game representative testified in the Potter -Odgers exemption request that Rulison is a prime area for elk and deer. The proposed Lyons tract abuts the south boundary of my 265 acres. Much of the area south of me will become small lots, each capable of blocking the north -to -south game trail. I request you impose a condition requiring at least half of each lot on an east -west line, be designated for game travel and will not be deer- fenced. WATE R: The hearing on the Potter -Odgers exemption request , which is west of my property, clearly demonstrates well water deficiencies in the Rulison Fan Aquifer. Many wells are short of water. The Lyons well has been in use for one house for some time and the permit covers three houses plus a small irrigated area. I request the commissioners impose a choke limit on the well of 4 GPM, the tested rate stated on the permit, for service to all three lots to protect the area water drawdown. With the continued subdivision of agricultural properties, it is for the community good that more control is exercised by the County Planning Department. Sincerely, (Mr.) Wayne E. Wells Arbs-