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HomeMy WebLinkAbout1.1 Supplemental App InfoSCHENK, KE,RST & dCWINTER ATTORNEYS AT LAW CENTRAL BANK BUILDING SUITE 310, 302 EIGIITH STREET GLETIWOOD SPRINGS' COLOR.ADO 81601 TELEPHONE: Q03) 945-2447 TELECoPIER: A$) 945-2977 GAlit-lEl-D cout{Tt IOHN R. SCHENK DAN KERST WILLIAM J. deWNTER, Itr February 27, l99l Garfreld County Planning Department 109 Eighth Street Glenwood Springs, CO 81601 Re:Goose Creek Subdivision Gentlemen: I have been retained by Dale Eubank, Len Truesdell, Peronnelle Robbins and Gary and Lisa Carmichael to represent their interests in connection with the proposed Goose Creek Subdivision. Although my clients have other concerns regarding the proposed subdivision which have been or will be expressed to you, I have been asked to address the legal adequacy of the access easement serving the subject property. In my research to date I have been unable to find any express grant or reservation of an access easement extending from County Road 100 over and across the property which is currently owned by Paul and Celia Nieslanik. I have requested Kent Jones and his attorney Jerry Hartert to provide me any evidence of an access easement across the Nieslanik property. Neither Jerry nor Mr. Jones have had sufficient time to respond to my request and perhaps they can provide evidence of an adequate easement for the proposed development. In the meantime, I would request on behalf of my clients that the County require dehnitive evidence of a legal easement of adequate width to serve the proposed development before proceeding further in your review of the subdivision application. If, as I suspect, no express easement exists across the Nieslanik property, then it might be assumed, although it is not here admitted, that a prescriptive easement exists over the existing one-lane road. If this is the case, the prescriptive easement may not be expanded in scope beyond its historic use. In other words, neither the width of the roadway nor the intensity of its use could be increased beyond what has been historically established. It would appear that the one-lane road is physically inadequate to accommodate the additional traffic generated by the proposed subdivision. In any event, the addition of at least four additional users on the road is an impermissible expansion of its use. 27 tggt ,rO** 27, lggl Page -2- I request that the County assure that the applicant can provide adequate legal and physical access before further action is taken on this subdivision request. Please advise me if I can provide further information in this regard. Yours DIVkla cc: Don Deford, EsQ. Dale Eubank Gerald Hartert, Esq. Kent Jones e*t of Carbondale 76 South 2nd St. Carbondale, Colorado 8L623 €,03) 963-2733 March 18, 1991 Don DeFord Garfield CountY Suite 300 Gl-enwood Springs, Co. 81601 Dear Don; I understand that you had requested some information regarding weII head protection at our Roaring Fork River *rrrri"ipal weII fields and the Town's position on Goose creek subdivision as it relates to watershed protection. I believe that Mark chain recently mailed the county Planning Office aII the materials covering review comments from the Town. In brief, the Town of Carbondale has requested the opportunity to review building and septic permits requested tL-Ue issued in the Goose Creek Subdivision, prior to issuance, for purposes protecting our well field from potential pollution resulting from inadequate septic systems or other pollution sources. The Town asked for and was granted, by the Goose creek developer Kent Jones, the ability to enforce the terms of the covenants rel.ating to sewage treatment systems and household pollution. I suggest that the Town of carbondale be named as a third party beneficiary to the section of the covenants coverin$ potlut.ion of water. when the covenants are in a final forrn, the Town requests the opportunity to review them for that language prior to final approval of the subdivi s ion. I am enclosing a copy of the section of our existing municipal ordinance that covers protection of the municipal water supply from pollution sources. I am also enclosing a copy of the newly revised water ordinance on the same topic that the Board of Trustees is in the final stage of reviewing. It is anticipated that the Board will adopt the new ordinance in the next few weeks ' The Town of Carbondale appreciates Garfield County's cooperation and interest in assisting with protection of our municipal water supply. We would like to continue working with you to establish specific guidelines for wellhead protection. These nep;otiations coul-d serve as a model for Lth". parts of Garfietd County where land use development potentially conflicts with protection of pubfic water suppl ies ' f hope this is thedo not hesitate toassistance. i nfo rmat i on contact me requested. PIease be of further that you if f may -\SincereIy, &r*r$'t-'^a-^\ Davis Farrar Town Manager xc: Mark Chain Bob Emerson Mark Bean ROY ROMER Governor JERIS A. DANIELSON State Engineer OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street-Boom 818 Denver, Colorado 80203 (303) 866-3581 GAi(T IELU COUN i Y DEt] 3 L lgsu December 27, 1990 Mr. Andrew McGregor Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, C0 8.l60.| Re: Goose Creek Subdivision Preliminary Plan SWI/4 NWI/4, Section 35, T7S, R88t.l Dear Mr. McGregor: lrle have reviewed the above referenced proposal to divide 5l acres intofive parcels. There is an exist'ing house and well on the proposed Lot I (Permit No. 158846). Th'is well is permitted as the only well on the 5l acresfor ordinary household purposes inside 3 single-fami'ly dwe'l'lings, theirrigation of not more than one acre of home lawn and garden, and the wateringof domestic animals. The applicant proposes to cancel this permit to obta'inthree household-use-only permits for three of the lots and obtajn l,later Allotment Contracts from the Basalt Water Conservancy Distrjct to replaceout-of-priority depletions from the remaining two wells. [.le cannot recommend approval of this proposal untjl Tt,lO separate tlater Allotment Contracts have been obta'ined and subm'itted to this office forreview. }Je would like separate contracts for each of the lots whjch willrequire a well permit under the Basalt Water Conservancy Distrjct's substjtute water supply p1an. The District's augmentation plan is still pending in Water Court. Well permits are issued by this office for the construction of new wells as alternate points of diversion for water rights owned by the Distrjct subject to a valid and continuing contract between the user of the well andthe District. All use of the well will be curta'iled unless the Water Allotment Contract or a plan for augmentation is in effect. Plat notes or covenants should be required to inform the two potentiallot purchasers of these obligations. We need to know whjch two lots are to be issued well permits under the Basalt Water Allotment Contracts. Once we have revjewed the jnformat'ion requested concerning these two proposed lots, we will f#s '.fown of Carbondale 76 S<rurh 2nd St. Carbondale, Colorado 81623 GO3) 963-2733 Decemher 27, 1990 If r'. Andreru' McGregcr Garf ield Count-v Planning Departmenl, 109 8th Street, Suite :i03 Glenwood Springs, CIO 81601 TRANS}lITTED VIA FACSTMILE LETTI]R TO 9,15-2379 Re : Goose C'reu-k Sr-rbdivision PreI imitrary Plan Dear Andrew: I have rer.iewed the inforrnaLion on the Gcose Creek Sutrdivision Prelimi.nary Pl-an. As -worr-knov;1 tl^re Goose Creeh Subdi','isir:n is just upstream of tkre Town of Carbor"idale I{oaring F:r'k Wel} Field The Town presentll has tivo wef ls irr tLiat ,l ocatior' rvhiclt can provide the T<-rwn rvi.th up 1-c,r orre mi1-Lion garlJons of'rvater'a t1a)-. This supply is crtrcial for the Tor,in irr that rt ia.11ows 11s to meet olir water' needs dtrri,ng tkre peak sLlmrner: mr:rrths, .I ,'r addition, this rryater sclrrce is doub11- import.ant in that-. the rvel1 field could potentially be erparided tc t en wel1s arrcl irelp Lls ITIe 3t cLl Ir f utttre groh'th lreeCs. Tlre Towrl of Carboncia.le p,resent. Iy pror;icles; munic ipal r'ater to Ei,pproximat elS ,l , C000 perrple. The Colorado Department of Health hrls indicatecl to y.ru that ther'e ma;* be a potenl-ial problem wj,tlr I.S.D.S. cont.arrrir-ia1-ing the Towtt's wel] fields. It is the fown's strr:ng position not to recc,mmend approving the project uirtil ttiere is a guarantee that l1o possibility of contami nation e:list::. l'he Town has a1r-ead-r encotrntered simi.lar probJ.ens with this weI-l f ielc-. As a resu-LL, tire State Del,artmerrt of Heaitlr r'equir,:cl the Town to purchase an easement f rom Perr3.- Robbirrs, which resulted irr livestock being removed from a cerLairr areil. ancl that area being fenced to prevent an). further ilse or possible contaminertion. Prel iminary l nvestigations have inilica'Led tl-iat there is ;i possibilit-v of nitrate pollutiorr f r,:m the I . S. D. S. rrs welI as the possibility of some chemi<:al contamlnal,ion from imlrroper disposal of motor oi. 1s, gasoline, et,:. Ewide-,nc-,e of alrJ- of thr:se contamj nates will increase the monitr:ring cor;ts as well as compliance ccsts for t.he 'llr>r,'n. Lrrrllf irUU UUUNTY The Town is retaining an engineer to Look at the technical aspects of this proposal . The T'or.:n will give f urther conment cn this project eitl-rer prior to or at the Jai-iuar-r- 9th public hearing. Presently, it is against 'Iown policy to e.rtend municipal utiliti-es outsjde the Town's corporate boundaries. The Goose Creek area is iloL in any of or.rr service plarrs at this time. I would like to thanh you fc,r giving the Towrr the opportunity to respond to this deve-Lopment proposerl . F'1ease conterct me at 963- 27 33 i f -You have an5 que st ions . Sincerel.y, TnJ cC Mark Chain Town P-l anner MClsd Mr. Andrew McGregor December 27, 1990 be abl e to descri be the procedure by valid well permits. We ask that the abeyance until we have received the additional comments. JCM/c1 f: 4837 I cc: 0r1yn'Bell, Division Engineer Bruce DeBrine wh'ich the other three lots may obtain county hold this preliminary plan in 'information requested and have formulated Page 2 Sincerely, CKGW C. McDanold, P.E. Water Resources Engineer DEC 21 ',9? t2|t2 TOI^JN OF CRREONDHLE a3L PA?/43 Town of Carbondale 76 South 2nd St. Carbondale, C<llorado 81623 fi03t 961-2711 December 27, 1 990 llr. Andrew McGregor Gar:f ield County Planning Department 109 8th Street, Suite il03 G-lenwood Spr ings , CO 81 601 TRANSI.IITTED VIA FACSIMILE LETTER TO 945*2379 Re: Goose Creek Subdivlsion Prel-iminary PJ-an Dear Andrewl I have reviewed the information on the Goose Creek Subdivisiotr Frelim1nary pIan. As you 'know, the Goose Creek Subdivision is jrrst upstream of the Town of Carbondale RoarinB Fork Wel-I Field. The Town presc+ntIy has two wells in that location which can provide the Town with up to one mill-lOn gallons of lt'fl,t€I. a day' ifri= supply is crucial for the Town i.n that it allows us to meet or.rr water needs during the peak summer months. In addition, this water $ouTCe i,s rtoubly impoi'tant in that t.he weIl field could ,.i*"tiaity be expanded to ten wells and heIP us meet' our future Irowth needs. The Town of Carbondale presentlY Provides ilrunicipal water to approximately 4r0000 people' The colorado Department of Health has indicated to you ttrat there may he a potentia,I problem w ith r . s. D. s. contaminatinS the Town' s tr*il- f ields. It is the Town's strong posi'tion not to recommend approvi.ng the proiect until there is a guarantee that t1o p"r=iUifItV of-contamination exists. The Town has alleady encountered simj-Iar probl.ems rvith this well field. A$ a re$ult, tbe state Department of Health reguired the Town to purchase arl easernept from Perry Robbirrsr Whlch resulted in Iivest'ock being remover; from a certain area and that area beingf fenced to prevenl; any further use or possibl-e contamination' Px'elirrirrary investigations have indicated that there is a p.==ibilitv of nitrite pollution from the I.S.D.S. as rvell as the po=s j.bil it,y of s"*. chemical contamination f rom irnpr:oper disposal'of *otor oilu, gasoline I etc. Evidence of any of these contamjnates w1l-1. increase the monltoring costs as weII as compliance costs for the Town. DEC 21 '92 t2=t3 TOL,JN 0F CHRE0NDIILE The Town is retaining an sspects of this ProPosal' this project either Prior heari.ng. PresentlY, it is municipal utilities outside Goose Creek area is not in engineer to look at the technical The Town will give further eomment on to or at the January 9th Public aElainst Town PolicY to extend the Town's corporate boundaries. The any of our service plans at this time ' aE1 PA3/83 I would like to thank you for gi','ing the Town the opportunity to respond to this rlevelopment proposal. Please contact me at 963- 2733 if you have any questions. Sincerei-y 'lrhJ c(*: Mark Chain Town P-l.arrner I-lC / sd Mou n rpris Soil Conservation District P.O. BOX 1302 GLENWOOD SPRINGS, COLORADO 81601 December 13, 1990 Andrew IvlcGregor Garfield County Planning Department 1O9 8th Streetr Suite 3O3 Glenwood Springs, @ 81601 Dear Andrew: At the regular meeting of the Mount Sopris Soil Conservation District the Board reviewed the Goose Creek SuMivision preliminary plan. Since this is a revision of a plan they have previously reviewed, some of theiroriginal concerns sti1l exist. They note that there is a high water table in thearea and would reconrnend that the foundations be carefully engineered and basementsalso be designed with the water table in mind if they are to be used. Any cuts for roadsfor growth but for The Board always ispotential for dogs or utilities should be revegetated and nronitored, not only noxious weeds. Weed free seed and rmrtch should be used. concerned about animal control in a rural arear where theto chase wildlife or livestock is high. Water q:ality is of prime interest to the soil districtr and they reconrnend closenronitoring of the mound system for waste disposal as well as the potential forflooding that might exist on portions of this property. It is noted that the Redrob loam is poorly suited for homesites as is fluvaquents. The Board appreciates the opportunity to conrnent and stresses that their interestis preserving the quality of natural resources in drr dr€Err with proper conservation rlltjLrl()(,lEi - Sincerely,&rd/; Dee Blue, President Mount Sopris SoiI Conservation District CONSERVATION - DEVELOPMENT SELF.GOVERNMENT COLORADO DEPARTMENT OF HEATTH 222 So.6th St, Room 232 Crand Junction, Colorado 8'l 501 November 19, 1990 STATEOFCCLOTUDO Telefax: (303) 322-9075 (Main Building/Denver) (301) 320-1 529 (Ptarmigan Place,/Denver) (303) 248-7198 (Grand lunction Regional Officc) Andrew McGregor Garfield County Planning Departnent 109 8th Street Suite 303 Glenwood Springsr Colorado 81601 Re: Goose Creek Subdivision Preliminary Plan - Garfield County Dear Andrew:- I have reviewed the information on Goose Creek Subdivision Preliminary PIan and offer the following conments: 1. The proposed development is upstrean of the Town of Carbondale water welI. There is a potential problem with ISDS contaminating the Town's well. 2. With high ground water, individual wells and septic systems are not a good solution to water and wastewater services. I reconmend this development contract with the Town of Carbondale for water and wastewater services. If you have any questions, please contact ne at (303) 248-7150, Sincerely, R ""! )J{fu-^'w*^- Richard H. Bownan, P.E. West Slope Unit Leader Water Quality Control Division RHB/csk cc: Town of Carbondale Planning and Standards, Denver Fi Ie Roy Romet Governor Thomas M. Vernon. M.D. Executive Directo. DIVISION OF WILDLIFE AN EOUAL OPPORTUNITY EMPLOYER Perry D. Olson, Oirector 6060 Broadway Denver, Colorado 8O216 Telephone: (3O3) 297'1 1 92 October L9, 1990 Garfield Co. Planning Dept. 109 8th St., Suite 303 Glenwood Spgs., CO 8160I Dear Mark Bean: On tO/3/gO I met with Mr. Kent division proposal just east of since I commented L0/18/89 to density will benefit wildlife STATE OF COLORADO Roy Romer, Governor DE-PARTMENT OF NATURAL RESOURCES 2. 3. 4. Jones to review the Goose Creek Sub- Carbondale. The proposal has been changed the Planning Department. The reduced in the area. 'g51ii ';---,riJttiTY F-rn--.-- I0li, ;' t,;.' Il ilcT G,s,fiF ji The proposed Goose Creek subdivision contains valuable wetlands and riparian areas as evidenced by the vegetation types and abundance of waterfowl using the property. Other bird species including great Blue Herons also inhabit this property. The property lies adjacent to deer/eIk winter range and receives some minimal year long deer use. Its greatest value is the wetlands and associated shrub clumps, alders, cottonwoods, and wi1lows. Wetlands are considered crj-tical habitat as the majority of all wildlife species utilize wetlands and riparian zones. The following will help minimize impacts to wildlife- 1. Preservation of all riparian and wetland zones. a. 1OO' buffer zone be established along these areas where there is no construction b. No grazing within these areas A11 feniing be 42", -strand or less or 48" 3-rail or less fence. A11 dogs kenneled or chained. Re-vegetate disturbed areas with native vegetation. placement of homesites could impact wildlife use and building envelopes should be reviewed once they are proposed. I also refer you to my l0 / lB /89 letter regarding this subd j-vision. If you have any questions, please feel free to contact me. Thank you- #g.w Carbondale dlife Manager KW/l-mpxc: Kent Jones, PO Box L32, Carbondale, CO 81623 DEPARTMENT OF NATUBAL RESOURCES, Hamlet J. Barry, Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman o Dennis Luttrell, Vice Chairman r Eldon W. Cooper, Secretary Felix Chavez, Member . Rebecca L. FranK Member o Gene B. Peterson, Member o George VanDenBerg, Member o Larry M. Wright' Member REFER TOi ffi EfiJ+q'g ROY R. ROMER COVERNON COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING _ 1313 SHEBMAN STREET DENVER, COLORADO 80203 PHONE (3O3) 866-261 1 December 17,1990 GA-91-0007 Mr. Andrew McGregor Garfield County Planner 109 8th St., # 303 Glenwood Springs, CO E1601 Dear Mr. McGregor: RE: Goose Creek Subdivision We have reviewed the materials submitted on this proposal and the general and engineering geology of the site. We concur with the finding that there are no geology-related problems which would adversely affect this subdivision. As always, we recommend that radon abatement be incorporated into all occupied dwellings regardless of the absence of evidence of radioactive materials at the particular site. Alluvial gravels are demonstrated sources of radon gas. Given this one cautionary note, we have no objection to the approval of this application. Yours truly, L Senior Engineering GEOLOGY STORY OF THE PAST... KEY TO THE FUTURE +*' Geologist h t= ii.., f-"f GARFii,LTi Cu'utl'i y STATE OF COLORADO Boy Romer, Governor DEFARTMENT OF NATURAL RE--dRCES i., ii i;: ll,'i .DIVISION OF WILDLIFE AN EOUAL OPPORTUNITY EMPLOYER Perry D. Ol3on, Director 6060 Broadway Oonv€r, Colorado 8O216 Telephone: (3O3) 297'1192 iil i t1l (i,'i,i,,, November 29, 1990 Garfield County Planning 109 8th St. Suite 303 Glenwood Spgs. , CO 81601 n^^- A=-.-l-.^--.!'Udr nlrul Ew. On lO/3/9O I met wibh Mr. Jones for a Wildlife Revierv of his proposed Goose Creek Subdivision. I refer you to my ]-O/18/89 and LO/LO/9O letters to your office regarding ttris subdivision. As indicated by the U.S. Army Corps of Bngineers and my letters, the property contains valuab-le wetlands. I woul.d like to emphasize the importance of these and their value to r^rildlife including many nongame species as well as r^raterfowl ancl big game. The integrity of these weLlands as well as the riparian areas along the Roar.ing Fork River and streams should be maintained by a I00 f t. no-developmenb buf fer z()ne aJ.clng these f eatures. If you have any questions, please feel free to contact me. the opportunity to comment. Thank you for Manager-Llnrbonda l.e I(W/ lmp DEPARTMENT OF NATURAL RESOURCES, Hamlet J. Barry' Executive Director WILDLIFE COMMISSION, William R. Hegberg, Chairman e Dennis Luttrell, Vice Chairman o Eldon W. Cooper, Secretary Felix Chavez, Member o Rebecca L. Fran( Member o Gene B. Peterson, Member o George VanDenBerg, Member o Larry M. Wright, Member REFER TOi ,6A4T tuqru I 'j trr [i Sinperql y,,/ Ik t,/,*,n )trI 1t,v.r vr-'v)tv\ Ke/vin Wr i4,frt District WiIdIif :: :.;t ' ', :.':i 'i: ' ' :.', ,, ',,.,. ' I : Roarins r".*...*ffii,o*u*a....t=-, ' , ,:, ,,::,.,,.,,, :,:.6ox.,,820;,:,: :::::::.::: : " G lenw6odi, Slpri hgB,i:iirffildiedo:r:8:;t 602-0820 Telephone (303) 945-6558 .,:i;lii:lli::l:: "r::::; :' " :: ' .:1ii,,,,,,,,,,,,,,,,, , "i:rr.::::::r:i:r:::::::i RoBEfrTrA. GOLEETTT, Ass istait'superintendent ; ::: ::: ::: :: : RICHARD hl. HAyEsri:::Assrbtant Superintendent ,.i .: . November L9 , 1990 "' ': ''' ;:i:''',:, :ri ,' Mark Bean, Planner Garfleld County 109 8th Street clenwood Springs, Co 81601 Dear Mark: tfe have reviewed the followlng project being considered: Goose Creek Subdlvision In the event bus servj-ce would be requested in the future, applicants need to be aware of the following conditions: As a general rule, school buses will only travel federal, State, and county maintained roads. There needs to be an adequate and well maintained. turnaround. tle would respectfully request any fmpact Fees that are available. RespectfuIIy, ) James t. 'bader Superlntendent JLB/ jct ) ?- GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL May 7, l-991 Kent Jones P.O. Box 1-32 Carbondale, CO 81523 RE: Goose Creek Subdivision Preliminary Plan Dear Kent: The Goose Creek Preliminary PIan has been scheduled for 1 pglllc hearing before the Board of coultlr cornmissioners on June 3' 1991'- at 2 :00 p.m. The hearing will -be held in Suite 301, Garf ield Coorriy Cdurthouse, 109 8tfr Street, Glenwood Springs, CO. It is recommended that you or your representative be in attendance' In order to fulfill the public notice requirements for the hearing, ;;pi;; of th;-;;Iosed^ public notice form need to be mailed by certified return-receipC to aII property owners- adjacent to or within 200 ft. of your-property, n-o t6ss than l-5 day-s- prior I?-t!?hearing. In addilionr- the notice needs to be mailed certifiect ieturnlreceipt to owners of mineral rightsr ot lessees of mineral owners of record of the land proposed for subdivision, no less than 15 days, but not more than -30 -days, prior to the hearing' thg receifti from these mailings need-to 5e presented at the time of the hLaring or submitted t6 the Planning- Department.prior -to the nearing. f-he public notice shoutd be submitted for publication one time i; the Gienwood Post, 15 daysr but not more than 30 daysr- prio" to the hearing with the proof of publication to be submitted to the Planning Depirtment. it is your responsibility-to sub11! the publicatiori of notice to the Glenwood polt in compliance with noticing requirements . The subdivision site must also be posted with the enclosed notice posters, in accordance with Section 4z2lr Do later than 15 days irior, but not more than 30 days prior to the hearing. If you have further questions or concerns regarging the public heaiing or public notite, please contact this office. Sincerely, Andrew C. McGregor Planner ACM/rIb Enclosure I09 8TH STREFT, STIITE 303 . 945-82121625-55711285'7972 . GLENWOOD SPRINGS, COLORADO 8I601 N N N B s. $} \ NN *lN R^,{}k$ T N\} L N xl n'sT NR l'i I+$NIxSf $\s$fNf$$sR{5 $) PI.t$'r\Nf $f $;P["fNL F$$ $flf$jLr NI I ^F r I \\ 0 FEB 18 1991 Len Truesdel I 0189 County Rd. 100 Carbondale, CO 81623 February 12, 1 99 1 Garfield County Planning and Zoning Glenwood SprihgS, co Re: Goose Creek Subdivision off County Rd Carbonda I e . Dean Sirs and Madam, I have several concerns about the revision of the former "GooSUm Creek" pr6ject, now referred to aS the "Goose Creek" project. I talked wiih my neighbors last year when this project was-f irst presented and we testif ied before the P&Z at that time about numerous items. Neither Mr. Jones nor Mr. Gal ino have ment ioned to me any P I ans to de'l 'ineated. mitigate the concerns alr eady 1. Water Qual jty Canbondale has gone on record that any more development in this area wj I I endanger the Carbondale town water supply wel ls located a few hundred yards from the proposed development. lt has been po i nted out that 'in add i t i on to the obv i ous concerns about ="pti" treatment, there is considerable concern about control of surface waters. Households wi I I produce 'increased veh'icle oi'ls and f ue't spi I Is, garden pest'icides and chemicals, increased fert'i l'izer use and other domest'ic chemical loads. The soils in t.his area are extremely porous. ln fact, irr igation water shows up in dra'inage ditches 50 feet away in a mattir of minutes. The subsoil is essent'ially grave'l with ay to impede water migration. is located as close or closer 100 outside than the Carbondale I responsibi I ity for I es, shou I d they be of the area almost no c My wel wells. Will Garfield County accept any lega the integrity of my well, os well as Carbonda pol luted? 2. Road Access The present homes in this ar ea have easement rights down a one lane, Frivate gnavel road off County Road 100. This road is marginal iy' adequate for the current Ioad, but is questionably adequate for fire and/or emergency access. The Goose Creek project will double the density and double the use of the access road. I am concenned w i th endanger i ng ch i 'ldren wa 1k'ing to schoo I bus service on Co. Rd. 1OO. I am concerned about fire access on this road 'if it is further degr^aded by this project. I am concerned about emergency veh'ic I e access on th i s road. Wi l l Garfield County assume l iabi l ity for f ire or other damage that 'is increased by the impact of this project on the """""" road? Will Garfie'ld county insure my continued access and cont'inued easement rights during any construction that the Goose Creek project initiates on this road? 3. I rrigation Water Th i s Goose Creek property i s crossed by 'irrigat i on d'itches , and the access noad closely paral lels an irrigation supply. I f this water supply is interrupted by construction associated with th'is project, there wi I I be considerable degradation of the pastures and agricultural bus'iness in the area. Will Garfield bounty assume liability for damage caused by interruption of the i rr i gat i on water' supp I y? 4. Publ ic Access to the Roaring Fork River During the Goosum Creek version of this proiect, the DOW requested publ ic access be prov'ided to the river on the develop- ment plot. I would like to vigorously oppose this idea. THERE lS NO PUBLIC LAND ALONG THE RIVER IN THIS AREA. PIEASE dO NOt create a precedent for providjng publ'ic access to private lands. The opening of my property to the publ'ic will 'increase the jncidence of trespassing and 'l ittering. w'i 1l Garf ield County provide cleanup and compensation for damage to private propert,ies "aused by the creation of a public access? Given the above concerns and the fact that I have heard no suggestions for mitigation for Mr. Galino or Mr. Jones, I feel that this area is inappropr jate for a development of th'is type. I request that you deny approval of this proiect. Sincerely, il{,--^- Len Truesdel I i()HN H - .f .ACOEI. J]tlof_45 R,OAD 1.CJC)P O BO)< a_ 29 303-925-1470 303-963-3829 Eebruary 11, 1991 :f Andrew McGregor, Garfield County Gar:fieId County 109 8th Street, Glenwood Springs Ref: Goose Creek Dear Andrew, P.[anner: Planning Departmerrt Courthouse Suite 303 , co 81601 Sr-rbdivision As an adjacent property owner I have two concerns abor-rt the proposed Goose Creek Subclivision tirat I would ]ike to bring toyour attention. The access road f rom Cor-rnty Road 100 i.s ba.rely adecluate for the present use. When the construction equipment rreeded to construct ttre j.nternal Cioose Cree,k Road and the buildi.ngs to be built there star:t using the access road, tl'rey wj lI p.Lace an unl:earable I oad on it . Thi s wi 1 I des Lroy the presen't road . Iwould ask tkrat the County requir:e ttre Goose Cr:eek Strbdivision owners to prevent or repair the damage. As to t.he 5ub5sr;uent maintenance ot^ the acc€ss road, I agree with the pr:oposal on pagt: 38 of the Prelinrinary PIan. In the Goose Creek Subdivision itsel.f the proposed access road borders on my property and will be very close to my house.This will cause dust from the gravel road to blow into my house. AIso the noise from the trucks arrd cars will be ver.y annoyi.ng. .[would ask that the owners place their access rr:ad acljacent to andparalIeI with the existing Nieslanik irrigation diLch. Thank you for your time and corrsi.deration jn t-,hi.s matter Yours truly, [t'r 11 1991 I ir.li.r i FEB 12 1991 FebrttarY I l, t99I Grr r:f leld (joun ty Plannl ng, li Zonl.ng Comm:Lsslon To whom i[ maY con(:erl]: I^le, rhe Nleslanlk Brottre16, :*':"s11 :lll:l:^:":..::::l:fl""'f'nlt.l,3o;:;.; *oru Ii'r:L': Ii.illl':t::::il';l"t'ut L'' '"*"t'rng operaEron' .'Lhe r'adwuv re ^Iol- donoee ttre glvl rrg of la H::,t:rl:'?":'*1:ilu"0'u:::iH,,:ii: ";.";:.,'i;i':;;;;s;;-;;P"*e ttre glvl,g of land to wfaen and l.rnprove ttre road' Irr:ll,attonoforrrpropcrtywot].rlhecomearealbttrdenwlthreltrcaElonof dlr.chcs *rr.l d*t'tf e bloeking up c'trlverEs ' etc-' operaE,lon and we' would bo strongly iU"r* anlmals wotrld be de'stroyedl)ttg,s becomc ir factor wIEh out cat'tIe oonostrd l-o peoPle who have uhese $Illmsls' iil;;r;.;1v' 1f ' found cttasi'ng c-aEtre' You wlro tcpresetr! G;rrf 1e'Id County slrr-rr-rld rrrtl- I€t thts thlng traPl:trtr; af ter C;arf j cld CounLY' on the Plarrrrlng fv Zorrlng' ConrmlseLon all we neetl to keep aBrlcttltttre In S j.ncereI.Y r Ntcslanlk' Brothers (,tbtr /n*e-*&' Bob Nl-eslanlk BNi dh FEB t 2 1991 0181 10O Road Carbondale, CO 8L623 FebruarY t!, 1991 NAPg-*srr BeanGarfield County Planning Departrnent Glenwood Springs, CO 81601 Dear Mr. Bean: I am writing to express my concern with the development proposed by Mr. Kent Jones on the 50 plus-acre parcel of land off County Road 1OO, northeast of Carbondal'e. I own a home and 9 acres adjacent to the proposed development property. f feel that subdjvision or further development of any fana in this vicinity should not be undertaken without extra- ordinary scrutiny of the potential consequences. The road which irccesses the proposed subdivision property is unimproved and not maintained by the county. This road is sinply not ible to handle any more traffic without substantial and costly improvements. Moieover, a large portion of the property in question is wettand habitat. Development will not only have an impact on this habitat, but afso present unusual and significant problems in road building, drainage and $ewage management. It is my reguest that the County Planning Department thoroughly explore the potential consequences of development and address these problems prior to granting permission for any subdivision in this area. Thank you for your consj.deration of this matter. sir \ t'iffi\.,,0, ovYt-tlwv\-W. F. Duke dulc-\lcGan February 13, lggt Garf ield County P & 7" Glenwood Springs, CCI 81601 Dear Ladies ancl Gentlemen: I own the 35 acres at 04gB Goose Creek Subdivision. Rose Lane which ad.-io ins the proposed I feel that there are several inportant issues that mt:st be addressed prior to approval of a subdivision of this maElnitude in t his area: 1. 2. J. 4.precedent for density in this sensitive area sinee additional Landowners will want at least as dense development approval for t.heir l-and 5. affect on the rural atnosphere of Iet,ting a subdivj.sion be built in an area that was previousl.y rural in nature 6. affect on roads by substantial additional usage result,ing from additional houses and people affect on the water qualj.ty of the weIls in this area by the addition of this many houses, people and septic systens affect on wildlife (B1ue Herrons, Efeese, deer, ete. ) of substantial development in this area affect on wet lands of building roads, houses, etc. in these marshy areas affect of setting a I hope that as publ of people who live effects of this mitiE,ated prior to ic in and any officials whose job is to defend the rights this area, you wi11 make sure that aLI the future deve lopnents are addressed and approva 1 . 6dGr^r]r6E) Td Pt\'.1 ^tr(IG to'n*'*o'o'! 2' 17'c/ / Dale Euban ,,..1/, . t {]ARBONDALE&RLIRALFIREPRoTECTIONDISTRICT 3OO MEAD()WOOD DR. CARBONDALE, COLORADO 8T623 February t2, 1-991 Mr. Andrew McGregor GARFIELD COUNTY PLANNTNG DEPT' 1_09 Bth 5t. Glenwood SPrings. Colo ' 81601- Dear Mr McG:regon t have ]'evlewerl. the prelimina.ry plan for the proposed Goose Cr eek sub-divisi.on. and would i ike to' of f er the f oI Iowinq comments to voLl reqard.inqf fire protection for the oroperty. As I understand it the property is to tre divided into 5 s jnqle f ami iy lots ' Access to the lots frorn county r^oad 1"00 is adequete for the carbond.ale f ire trucks. The propc,sed. roads are wide enouqh and turn around space is provided fbr the fire trucks' Irr addition' access to }ot 1. owned Uy Mr- Kent Jones is Iikewise adequete for the Carhonclale f ire trucks. Any progrosed hrirlges or culverts on the proposed roads should hre capatrti of supportinq a 56.000 Ib fire truck. water suppllz for fire protection wili be provided with the water carried. on the Carbonrlale f ire trucks which is 5 ' 50(l gal lons ' This is a suf f icierrt water supply f or a single f ami Iy house ' It should he noted that fire response wiIl be from the carbondale f ire stati,en ancl the average response time to the proposed sub- division is approximately 10 minutes" If yog have any qr:esti.<:ns feel free to contact me at 963-249t- Sincere Iy(u d----.-* Ron Leach Carlrondale & Rural Fire Protection District Chief Z t -rJ|3VIlTt€-D TO r.iALrLrr^.J6 Cohlntssroil z,rc.q/ IIIII-ITIIIIIIIIIIIIII III FlEgc]UFlCT ENGINEE RING INC Mr. Andrew McGregor Garfield County Planning Defartment 109 Eight Street, Suite 303 Glenwood Springs, Colorado 81601 RE: Basatt Water Conservbncv District Water Allotment Contract Kent Jones February 12, 1991 as to the status of Mr. Kent Jones' water allotment Conservancy District. Please be advised that Mr. Jones allotment contract with the District for 1.3 acre feet of water per year. The water s acquired to augment the stream system from potential out of priority diversions with a four unit residential development located near Carbondale, Colorado.The water under contract is available for release from Ruedi Reservoir. Dear Andrew: You have previously contract with the Basalt does have an approved Should me. Sincerely, ln calculating the amount of water required for the contract we assumed that the wastewater would be treated by individual E.T. type systems. These systems rely on evaporation and ptant transpiration processes and are considered lOOo/o consumptive (i.e. no return flows reach the stream system). Therefore, the water allotment contract is sufficient to covei the subdivision's total diversions for in-house purposes. you have any questiQns concerning this matter, please do not hesitate to call R ES O U n C E EN G tN EER tNG, iltt2. R. Scott Fifer, Hydrologist RSF/mmm 033-10 bwcdt3G CC: Mr. Kent Jones Consulting Engineens and GARFIELD COUNTY BO2 Gnand Avenue, Suite SOP I Spnings, CO B'1EiO1 r [3O3] 945a6777 I Fex 9zl}=1137 CT,ARFIELD COUNTY 0181 10O Road Carbondale, CO 81623 February 77, 1991 NA..tK*orr Bean Garfield County Planning Department Glenwood Springs, CO 81601 Dear Mr. Bean: I am writing to express my concern with the development proposed by Mr. Kent Jones on the 50 plus-acre parcel of land off County Road 1OO, northeast of Carbondale. I own a home and 9 acres adjacent to the proposed development property. I feel that subdivision or further development of any land in this vicinity should not be undertaken without extra- ordinary scrutiny of the potential consequences. The road which accesses the proposed subdivision property is unimproved and not mainfained by the county. This road is simply not able to handle any more traffic without substantial and costly improvements. Moreover, a large portion of the property in question is wetland habitat. Develqpment will not only have an impact on this habitat, but also preserlt unusual. and significant problems in road building, drainage and Fewage management. It is my requesf that the County Planning Department thoroughly explore the potential consequences of development and address these problemq prior to granting permission for anY subdivision in this area. Thank you for your consideration of this matter. dul€6\l3Gan FEB 18 1991 GARF IELD CUUNTY Len Truesdel I 0 1 89 County Rd. 1 00 Canbondale, CO 81623 February 12, 1 99 1 Garf ield County PIann'ing and Zoning G'l enwood Spr i h9s , CO Re: Goose Creek Subdivision off County Rd. 1OO outside Car bondaI e. Dear Sirs and Madam, I have severa'l ooncerns about the rev i s'ion of the f ormer "Goosum Creek" project, now referred to as the "Goose Creek" project. I talked with my neighbors 'last year when this proiect was f i rst presented and we test'if i ed bef ore the P&Z at that t ime about numerous 'items . Ne i ther Mr . Jones nor Mr . Ga] i no have ment'ioned to me any p I ans to del ineated. m'itigate the concerns already 1. Water Qual ity Carbondale has gone on record that any more development in this area wi I I endangen the Carbondale town water supply wel ls located a few hundred yards fnom the proposed development. lt has been po i nted out that i n add'it'ion to the obv i ous concerns about sept i c treatment, there i s cons'iderab'le concenn about control of surface waters. Households wi 1 I pnoduce increased vehicle oils and fuel sp'i lls, garden pesticides and chemicals,'increased fertilizer use and other domestic chemical loads. The so'i ls in this area are extnemely ponous. ln fact, irr igation waten shows up in drainage d'itches 50 feet away 'in a matter of minutes. The subsoi I 'is essential ly gravel with a'lmost no clay to impede water migr ation. My we I 'l i s I ocated as c'lose or c I oser than the Car^bonda'le we'l 'ls. Will Garf ield County accept any legal responsibil'ity for the i ntegr i ty of my we'l I , 4s we'l I as Carbonda 1es, shou'ld they be pol luted? 2. Road Access The present homes in this anea have easement one Iane, private gr aveI road off County Road 100. margina'l 'ly adequate for the curnent load, but is adequate for fire and/or emengency access. The Goose Creek pro ject wi I'l doub'le the dens'ity and doub I e the use of the access road. I am concerned with endangering chi'ldren walk'ing to schoo'l bus service on Co. Rd. 100. I am concenned about fire access on this road if it is further degraded by th'is project. I am concerned about emergency vehicle access on this road. Wi'l I Garfield County assume Iiability for f ire or othen damage that is incrgased by the impact of th'is project on the access road? Wi'l 'l Gdrfield county insure my continued access and continued easement rights dur ing any construct'ion that the r i ghts down a Th'is road 'is questionably of the area I t Goose Creek project initiates on this r^oad? 3. lrrigation Wa,ter Th'is Goose Creek property 'is crossed by 'ir-rigation ditches, and the access road closely pana'l le'ls an ir^rigation supply. lf this water supply 'is 'interrupted by constnuct'ion associated with this pnoject, therd w'i I I be consider ab'le degradation of the pastures and agricultural business in the area. Wil'l Gar f ie'ld County assume liability for damage caused by 'intenruption of the 'ir rigation water supEIy? 4. PubI ic Access to the Roaring For k Rjver Dur i ng the Goosuim Creek vers ion of th i s pr oiect, the DOW requested publ ic access be provided to the niven on the develop- ment p1ot. I would Iike to vigorously oppose this 'idea. THERE lS NO PUBLIC LAND ALONG THE RIVER lN THIS AREA. Please do not create a precedent f or prov'id i ng pub f ic access to pr i vate lands. The opening of my property to the public w'i 1l 'increase the incidence of trespassing and l'ittering. Wi'l 'l Garfie'ld County pr ovide cleanup and oompensat'ion for damage to private properties caused by the cneation of a publ ic access? Given the above concerns and the fact that I have heard no suggestions for mitigation fon Mr. Gal'ino or Mr. Jones, I feel that this anea 'is inqppropliate for a development of this type. I r^equest that you deny approval of this pro ject. Sincerely, il{,--^- Len Truesdel I J()HI{ H - JACOBI=dNo1a5 R,OArf f-(J(fP O BO)< 7.29 303-925-1470 303-963-3829 February 11, 1991 Planner' Plannind Department Courthouse Suite 303 3 Andrew McCiregor, Garfield County Garfield County 109 8th Street, Glenwood Springs, CO 81601 Ref : Goose Creek Surbdivision Dear Andrew, As an adjacent proposed Goose Creek your attention- The access road would ask that the paralIeI with the Thank you for property owner I have two concerns about the Subdivision that I would Iike to bring to owners place their access road adjacent to and existing Nieslanik irrigation ditch- your time and corisideration in this matter- from County Road 100 is barelv adequate for the present use. When the construction equipment needed to construct the internal Goose Creek Road and the buildings to be built there start using the access road, they wiII place an unbearable load on j.t. This will destroy the present road' I would ask that the County require the Goose Cr:eek Subdivision owners to prevent or repair the damage. As to the subsequent maintenance of the accs$s road. I aBrfee with the p::oposal on paEle 38 of the Preliminary P1an. ln the Goose Creek Subdivision itsel f the proposed access road borders on my prolpert:y and wiII be very close to my house. This will car-rse dust from the gravel road to bl-ow into my house- AIso the noise from the trucks and cars wiII be very annoying. I Yours truly, 11 i.:,. ._ 5illl;I-' fi''' :' ir ' f-FE L,,^', (.:1,f\i;i. n,,l 1 :I iI , : l.l.,i .t,i. i;'',. 'i .J I r' LZz1,L SECRETRRIRL SUC 383-953-2398 P.A4a2/12/91 Febrrtary I I, I99I ()arf teld (jounty Planning & Zorrl'ng Commlsslon To whom iL mElY conc:erl): We,t.}reNle.glanlkBrottrerE,str(}ltglyoppo$etltedeveloPmentof50acre.s rilore. or lesg of l';rrrd dlrec'Uly easi of i" rarrchlng operaElofl' 'l'he roadwuy ls unsul-[able for $uch a devel-opurent. We wotrl 11 s croirgty oppo*" the glvl rrgl of land to wlden and l.rnProve Ltre road' Irt:J-5.,,atlurr of orrr Propcrty wou]-rl hecome a reirl btrrtlen r.l1 th relclcatlon of c{Irchesanddehrl-eblocklngupcrrlvertB'etc-. operaElon and we- would be strorrgJ-y il',*** arrlmals wotrld be de'stroyedl)ogs beerrmc rr facttlr wl-Elr our cHf,t-Ie oppostltl l-o perrple wtro have theee rrtlmsls' r*."irra*1y tf found ctrasi'hg c'at'El-e' You wlto tepresetrl GarEleld county slrr.rtrlrl rrr:L 1eE ttlls thtng trapl:rrrr; af ter (;a rf i eId Coun tY . on the Plarrrrlng & Zorrlngi Cofirmteel-on aII wc nee<l to keep agrl-culEltre 1n S j.ncereJ.y r 111"slanlk Brothets b,fi /nH-*# ' B,rl, Nl.eulanlk BN/dh FEB 12 1991 t?:89 SECRETTqRIFL SUC 343-953-2398 February I2r 1991 P.41.z2/12/97 Mr. Andrew Mccregor Garfield County Planning DePartment 109 8th Street, Suite 303 GLenwood Spr i,11$3 r Colorhdo 8160I Dear Andrew; Thank you for your time in explaining the various aspects of the piopos"a coose-Creek Subclivislo., to me. I am pleased t'hat the Clty'(Cirbonaate Board of Trustees) passed a motion asking Garfield Couniy to place a plat restriction on sehrage disposal methods in this area. As tire clogest landowner to Carbondalers well- f ie]-ds, I have learned f lrst hand how very easily this. wat35 cL-rn hqrcorle polluted by graz itrg l-ivestock ' etc ' I suggest that the most sLrinqent controls wiII be necegsary to protect the growlng ;;.-.-.--.-?+.-popul-atron ot=ciitonOii*,- and I cannot help but woncler how Carbondale wfli *nfot"" the sewer disposal and other form6 of contamination that inevttab]y result wfen humans and Lheir livestoclr move into an area,*strch as this. fhis will be a major treadache for carbond.rle, and probably f?t existlng horneowners ,,clownstream,,"t the suhdivisitn. r envision the Possifrility of Iawsuits and more state control ' .fhe other maJor prob1em, which has not beert addressed' is g"g3g, the accesB-to thiE Pf,oposed <levelopment' Wren rlack ,Jacot>*on andl I bought our Properties here' f if taen ""*'I"Io"; -i;t- ;;i ; i i,,s'o*a Yi= i.-1i :I -i:l:T^:nif .:i::"o ^:3oIIi#.,"83'ro"i=,.o;^i"IiiiH.-;;;";;; una-if ioili"l^1i"::1::., "*1, ?'oiuffi;;;-*;;*;:--i; "pii"q, rour-wireer drive wa* mandatory. werl, a !rrr^ -^-.f, !.:aa lrsa l.raon l,e{ffiIir;;";;i *;;-f,;;--iit""s"a. A rlttte road baee has been rald 'F rt i- lLi *a+'hnlae h^r, hfff!!qr,r&r' of fish rive in the Pothores now' butand only smal-.1,eE varieties the road is, and aLwaYe has been'mess I Two f actore contribut e tcr ttre problem. The f i rst is the mos t roadlrro*i'iliar-"i"a year-round stream wf,i"t, parallels the road fot LL ^ ! +1^ ^ ^-^"-i rr nrilar {. het;;"i;;'i'*"gi1l ';h; *Iioi*-"t'"ur"" that the sround under the rL^- - --l-i= ii"u*I"iJi""t state of tota:- absorption. After a raln, oY i""ri"g-"-"[ii"g me]tr great- amounts of water s1t upon the road bed, unable to be absotrl:ecI . ThiE water quickly washes away the road base meterial and huge potholes are t'trus createrl' city r:f carbondale (punric works) tries val-iaritly to.help occasional qrading, trut can do little good as there is no to work wi{n. rlfr.re irrigation <iitches run under the ihr;;-price.), there is a continulng problem in the the The rrs wi ch material-road ( in iiiigit ing seas6n of overflow created by bl.ockage from objects carelessly allowed to enter the ditches- uPEtreamr of from careless irrigati,rn pra"'hicee on Mr ' Jones' property' FEB 12 1991 a2/L2/91 12;78 SECRETRRIHL SUC 383-953-2398 i.ncrease ln traffic here ancl ridlculous, givert the P.A2 would be lrrto.l-eratrlle, and current state of the road ' Mr. Andrew McGregor nebruary L2, 1991 Page Two The second problem is the narrow aspect of the road, ol1g IaI)g for moEt of its l.etrgth. we cannot count the times when a vehicle has becolile stuck, or tempoioiirV ai":Pl:d' and we are effectivery shuL in, or "Ii"6f-"r.:-"5iio,-r= -ptopert1es' Nor can wGI count the Limes wtren we have had to dive iort'he Russian olive bushes to avoirt col-lisionl--CoIlisions rlo oceur' and wE J'oee our mirrors to bushes arrd trees, and our car bodies are scratched and dinged' Cars age quicklY down herel ' A 3OO8 dangerous, Letmegiveyouapersonal,trueexampleofdangerouEi.Ilour yeaf,s aqo a tri.e-ne an<1 I ,*tn-tiait'l in otr Paature= ' My f riend was thrown from hls horse and sustained a Eeverely fractured femur. It t"[t tyt" 6iiUo"Oai." am'bulance one hour to arrive' a"iavea solefy Uy !h; condition of this roadl In a life-ttrrear,e*'irrg'uif u.tion'i aelay like thls could be fatal ' In another instance, seven years aqo, a grags fire f,aged out of corrtror on our ranch. Herf ***-again-derayed by the rough condition of lni" r""a and we aLmost lost our home' suppose the chlorine tank at the carbonclale weII Pump station sustained a leak and evacuation became tlecessary' Aly vehlcle Ieft unattenOifi ;" Ehe roadway,.oE a coltisionl could effectively ctose off our escape rout;. ittt= pr:otratririty exists now, of courEe, but would }re greatLy gTplifled bv ttre additional- nultrbers ()f people ir, .r,-iaditlonal S-rO-homes. it is obvloue that a two Ianefoadrofanal-ternateacce6sismarldatory' Mr.rJonesprobabtyhaswonderfu].intentlong,andwouldliketoallay your "orr!*irr* (ancl ort=) about the road with a complicated scheme for homeowner agsessment' -If a d'ecent road were in existence, homeowner as".=E;ents for peTibtTE*frETfrtenance and repair worr].cl be approPriate. At this Point, however, homeowner assessments WOuld lre comparable to General SChWartzkOpfrs ,,mo*qriito on'I"--riphil;" ;;;i;gti and do litt're gooil to cure the prolrlem. develoPment lsVisualize t].e situ'at'iorr, when and if this development 1st rhava ^nmac a stream of real estate peOp1e' and "ppro*r*J. First there comes a stream of real estate peopre' a than ,-rrmF the survevors and the engineers ' Tlhen';f,:i;";;v*t",-.rt*., come the surveyors and the- -{--r-i^i-x:lfiL'.i,E':;ltr;'J;;r;;"'Eui1,I*[;;;;' E r""ti i c i ans , wer r <r r i t rer s , . J ^L^+Einapectofs,pI trrnhers , rocl(-#;;;;, ro-of ers, l-umber trucks, inapectof t, =nn erei ^ . .t". Dependinq uFotl how quickly t'hese[ilil;;;;*;;-".". , eti ' , etc ' DePendi"g- uFon how quicIlY.:: r --r ,:^rr^1^hd,l u,a .,.rl-E I oOkinq at an eNCeSSlVei;I;";;II'Iora a"a ctevetoped, we are lookins at an e*-cesslve ---i.--^ -.# +--rr.in /\rr.r the next three to tive yeare.--TfThTB road;;i;*;=;; i'"iti" over .hL next three te- rive _ _ --7----it::*:illI:'ffi .;ir';;;;;;";;;- r"'-ti-,"'-i*;-=ffinTEE*ilfro res ide here now' t1tt1 SECRETHRIFL SUC 383-953-2.-:t8 ThanH you for your interest and concern' ( r"rs . ) Peronel Ie Robbins P. A3a2/12/9t Mr, Andrew McGregor FebruarY L2, 1991 Page Three how carl it be used for H volunle of traf f lc such a3 this <levelopment woufd generate? After the selling and hruilding has settlerl down, each single fa*if,-awel1.ing woulE generate a minimum of four tripe per day' AE guest housei coulrl be a Fermlt!*g rr:"*, thie could add another four tri_ps pe; ,1ay mini[rrum. r\{urtipry this hy_1 facr_or of f lve anrl we have a mininum of 40 trips pei day. Add to thj.s meter inspect-ors, teTE[ffiE repair trucks, horse trailers, garbage clisIr6Sa.l., gue€tts'and fri-enclS, Ownerg of boarded hOraes' UPS trrrcks, ancl ="-ioilr,. Thie Wil_l_ all occl-ln on a one l-ane road. I believe that the Cotlnty muat take fuII f,esponsil>ility for a <leci s ion regar<ling Mr . Jon€E I Goose creek subdivis ion ' To apProve this subdivision without looking at this more seriously atLendant iI"[r"*-6i *"""=" could ]re cleembrl irresponsible, and short*s i ghted, [" p"t lt rni ldly. I f any members of thi s Comrnission have not Perl Sonally observerl this road ln its entirety' r wourd encourage thim to .1o io b"fP=g ="X-$ESiEj-q!-iF. ,rendered' Evory man has a right to develgP his pr-operty^ for its pJ-anned and *ppiiruua uses. euf every man d6es no1 have the rtght to ;;;p;';iiiie trre-quarity of ri?e of the peopre who were here trefore him, an<l to knowingly proceed with a use plan Ehat. is untenable' anrl unworkab L;-, ;;d ir"Ls ib) y, in th is i nstance, potenti aJ-l-y dangerous to the peoflla of t-he City of Carbondale' I,andmyneighbor$lwouldencouraget,hemelnbersofthig commission to maXE a ciecigion that wil-I be enlightened and projresrive, in dlrecting future development in the marly *rrrironmentalty delicate areas of this type in our area. PR: cf .w. FEB E6 '91 13:45 T0|.,JN 0F CHRBONDIILE 729 PA?/45 Town of Carbondale 76 Souttr 2nd St. Carbondale, Colorado 81623 GOil 961-2733 February 6, lggt Mr . Andrew McGregor (rAKf lE LlJ vvlJlr I I Garfield County Plannirng Department 1Og 8th Street, Suite 303 Glenwood Springs, CO 81601 TRA,NSMITTED BY FACSIMILE LETTER ON Z/6/gL RE: Goose Creek Subdivision Preliminary Pl-an Dear Andrewl The Carbondale Board of Trustees reviewed the above referenced project at its January 22r 19911 meeting and its possible impact on the Town's Roaring Fork Wellfield. Applicants present were Kent Jonee and Priscilla Prohl. As you know, the Town and the State Department of HeaIth have concerns that the existinB Town wellfield wiII be impacted by the proposed development, The Town has three existing shaI1ow, high aa1racity municipal welIs which hawe a caps.city of 300 to 350 g.p.m. This area has also been targeted for nine additional wel1s to eupplement our wster supply as the Town grows. These welIs have conditional decrees. After a long discussion, the Board of Trusteee unanimously passed a notion which asks Garfield County to place a pl-at restriction on the subdivision whtch woul-d require any I.S,D.S. built within the Goose Creek Subdivision to be constructed subject to Town approval. At this point in timer the Town would reguest that any I.S.D.S. be a non-discharging systern such a.s an E.T. system u5lng hypalon liners in Iieu of polyethylene liners The Tou,n would also like to have a working rel"ationship with Garfield County in this general area in the future so that our wells can continue to be protected, Irr the best of worldsl the Town would know precisely how far of an area away from the ToHrI's wellfield needs to be protected. It wilI be difficult to obtain this information since such a stucly would be expensive and the results would be highly interpretive. The Town i.s currently investigating with the State Department of Heal-th the Possibility of the Town beconing a pilot proiect for the state's Wellheadprot,ection Program. We wiII keep you informed about this matter. 6 i991 FEE krir '91 13:45 TI]uJN fIF CHREI:IIDHLE 1c.9 PlJiztro the Town Board has instructed rne to investigate with the County the possibility of Towln review and a.pproval of any I.S.D.S. being constructed in this generrtl area. I s.m including a }etter from Louis Meyer which proVides documentation that 95?6 of groundwatef contamination cases result from contamination within two miles of the (round water source. We hope that a working relationship with the County will gesul-t in a Sati3factory Solution to protecting our domestic water supply from poll-ution, The Town would like to thenk Garfield County for the opportunity to review thls &nd othet proiects which may impact the Town of Carbondele. You can contact me at 963-e733 if you have any questions about the Town's comgents on the Goose Creek Preliminary PIan. I Look forward to discussind with you in the near future the issue of protecting our ground water supply. Sincerely I ,ry^.| c(-: Mark Chain Tourn Planner MC/sd Encl . FEB EE '91 13:45 TEI,JN OF CFREONDRLE scHi" tfi 60FDOililEYEn t29 PA4/46 1001 Grand Avenue, Suits 2'E Glenwood SPrirrgs, Colorado 816O1 (303) S4S1oo4 (303) 92s{727 Fil( (3O3) S45€S46 January 7, 19gl Mr. Mark Chain, Town Plarrnar Town of Carbondale 76 South Second Street Carbondale, CO 81623 ut"t nfCEfVfO JAN09lsgl RE:Goose Greok Subdivision Pralimindry Ptan Dear Mark; As requested, I have reviewed the Goose Creek Subdivision Preliminary Pl8n. The purpose of this tetter is to comment of the relationship between the Goose Creek Subdivision and the Town's well field. The relationships betwoen municipal well fields arrd point sources of poltution are extremely .on1pi.* and highly irrterpretive. To definitively determine the relationship would require in- depth groundwatei modeting and actual in-ptace monitoring so that groundwat€r mov8mBnt and potlutant transport can be defined $hort of doing this in-depth analysis, certain facts can be raised at this time on the relationship between the 6oosB Creek Subdivision and the Town of Carbondale's wells. Those facts are as follows: l. The proposed five lots for Goose Creek Subdivision are located between 1600 and 250o feet away from the Town of carbondale well field. 2, Generally, the gr6undwater gradient, or direction of flow, in the Roaring Fork alluvial is towards the river and downstream. Therefore. upon information and belief, the Town 0f Carbondale's well field is down gradient from the proposed Goose Creek Sutldivision. 3. Currantly, the Town's well field is used as a peaking source of water to handle irrigation saason water damands. 4. ThiS welt field haS been identified as the future source of Town of Carbondale watEr. As the Town grows, more wells can be drilled in the Roarirrg Fork alluvial. These wplls wiltgonerally parallelthe Roaring Fork Hiver and be spaced 35O feet apart. Enclosed as Figure 1 is a map propared for Carbondale by WME which shows the area identified as the future well field corridor. Also, according to WME, the cone of depression for these wells is * 500 feet. The WME su[gests a total of nine wells will be required to moet future demands. E. The.Town,s threp existing wells are shaltow, high-capacity municipal wells- The wells are drilled to approximately 36 feet in dapth and havo a screened intervat ol +. 22 to 35 feet, and have a capacity of * 300 to 350 gpm- COiJSUI"TII{G EA'6'I'EEf, E & SUEYEYOHS, January 7, 1991 Mr. Mark Chain Page two FEB EE '91 1324?TDI^IN 0F CFREONDHLE ,'t Gerashtv and Mitler, lnc. performad a national survey. for USEPA .t-,/' lreaJq ui rters, 9! 98 I r1 un dyta te r c o n tam h! t!_o:, -"!'?l- -^ T!l:,:':d! ln a letter to Garfield county from Richard H. Bowman, dated November 19, 1990, Mr.Bowman stated there was a potentiol problem with ISDS's contaminating th6 Town'S wells. CaSe histories back up Mr' Bowman's claim' Casa histories in pollutant transport theory indicate that viruses and organics cur, rnigrate lorrg d'istances in shallow groundwater with coursB alluvialaquifers. pistanies cited in Case histories suggest these pollutants can travel distances iong.r than that encountered in thislituation (l can suppty these casa histories, if necessarY). The preliminary plan report indicates that engirteered ISDS's will be designed for each lot. Theretore, it can be argued that tha lsDS's will be built to Garfield Cornty and Color4do bepartment of Health standards and meet all setback requirements. However, individual Sewage disposal regulations, both on a county and state levsl, do not take into consideration proxirnity to hign-capacity municipal wells. The State Health Department has adopted the BaSiC Standards For Groundwafer. Tahle 1, attached, lists the standards for discharge to d-omestic use ctassified groundwater. Table 1 limits the discharge of total coliforms to ons organism per 'tOO mils. Thase limitations are to be met at the point ot cornplilnce. The point of compliartce for the Town of Carbondale's well field has not been established. However, the data used to compile the basic standards indicate that point of compliance should ba within a two'mile radius of tha'Town,s wells. Below are references from that Basrc Standards for Groundwater: A conservative aria of two taterat mites aro.und the activity in questions will presumptively be Used as ifie initialspecified area, The Commission finds this arca to be reason4lsla fot the followirtg reasons: \ l.J,4. \r, l lt tr]- '!-) No' '.,:"'iiiia-tii lirii SgW oi the plumes of contamination werc limited tor. .x.l'rSVEOIEA mal J?-/b Of UrH ptulllel ut Livtt'e'ttt"o"u" r'7e'v """'vr' ,)i within two miles of the source. Geragthy and Mlller, lnc. performed an --rt--t ---Lt-L ^t^^ si in-house survey of 73 more such itam la total of t4l s[es/ which also revealed that 950rt af these plumes of contaminatiott were limited to two miles from the source; The tcF corporation pterfotmed a national sLttvEY, for U$EPA i"idqiunarsi of t 5gO frCRA sifes. ln this studY, ICF fourtd that 95% of tha distflnCe1 frOm the SOUrce to groundwater discharge houndaries were within two miles; GOBDON MEYER, INC. 129 pgc_t/26 7. g. 8. FEE E6 '9L 73'-4?TOLlN OF CHREENDFILE January 7, 1991 Mr. Mark Chain Page three Geraghty 1nd Milter, lnc, perforfied a national suryeYt for USEPA Healguartars, of large groundwater pumping sysfems lmunicipal water suppty wetlil. This suruey revealed that epproximlely 95% of these *uil"-had A ca1tura zona li.e., zone of influencd within a two'mile radius.' 10. Accordirrg to Courrty staff , there are approximately fifty residents in this genaral aroa. Mogt of thete are farthar away from the Town's wells but, nonetheless, can contribute to aquifer contamination' Given the above-merrtiorred fact$,1 concur with Mr. Bowman's concern over the potentiel for p-oltution of the Town of Carbondale's water supply. Continued proliferation of ISDS's in this area will severely curtail the Town's ability to expand the well field in the future- Certain steps can be takerrto mitigate or lessen the risks associated with the development such as: construction of non-discharging lsDS's, such as ET (evapotranspiration) beds using hypalon liners irt lieu of polyethylerte liners' Corrstruction of on-site monitoring well drilled down gradient of the ISDS. Extensiort of Town wastewater facilities I hope this information has beem of uss to you. t would be happy to follow up this memo or attend any public rneotings as rlecessary. Sincerely, scHMuEsER GORDON MEYER| Louis Meyer, P.E. LM:lc/9218-17 Enclosures Peter ware Davis Farrar 1. .t Lt a SCHMUESEH GORDON MEVEB' INC. 129 PA5/45 F*-_ GARRfl[GHAEL GONSTRUGTION IN@" ,: Andrew McGregorGarfield County PI 1O9 8th Street, Suit Glenwood Springs, Co ing Department 303 81601 January 25, 1991 FEB 7 1991RE: Goose Creek Subd Dear Andrew, Thank you for your ti Subdivision submitta vl's]'on ,r -::'--i-.: - ^:t.:AKTIE,LLJ CUUNTY and asslstance in reviewing the Goose Creek As an adJacent Land r this subdivislon raises elmlfar concerns Goose Um Creek subdivision.as dld the previousL proposed It seems inpossible these days to leave a large parcel of land intact, to leavevalleyrs few fragi Land areaa as they are or to leave this agree that there arefurther development. natural habitats undlsturbed. I hope you nappropriate areas wlthin Garfield County for As we are all. awarelrrigation ditches domestlc wells are water levef ln this area ls very high and isscross the entire valley floor. Because shall.ow (4O') the high water and ditchee make accidental con inatlon of this entire area a very real.possibility. At pr ,ent there ls thls posslblllty wlth the few I see no reason to nultlpJ.y this factor byexlstlng residences, 100s. In discusslng thisexisting regulationsrequire improvements lan it became apparent that there are no enabling the P & Z or Commissionera to made to the existing access road. Although this was a strong ln the firet proposed development, lt haE by the appllcant. There appears that noagaln been slde steffort wiLl be madethey wish to double the applicant to improve the road on whlch the f low of traf f lc. Their sol.utlon is a sinply maintenance ment and does not address the improvement of or access onto Co ty Road 1OO. Thls is disturbing ln that it shows a Lack of re ibility to a very real problen that there my reasoning that lf the county has thecreating. It wouldauthority to grant tinued development of an area, they must insist on the lmp t of access to that area, fo? emergency vehicle use if for other reason. Having reviewed aIL erial on file I feeL that even at reduclng P.O. BOX 445 P. O. BOX 9071 CAR LE, CO 81623 ASPEN,o 81612 303-963-1436 the scale of thls proJect the appllcant 1s trylng to force a subdivision onto a- parcel that is just not suited denographically or geographically for such a subdlvlsion. ThiE land should be left as your predecessors' have zoned it. I have full faith that the Planning and Zoning Department as well' as the County Commisslonersi having seen many self serving developers pfairs cross their deskE have now the insight/foresight to realize the continuing potential impact of such development. Thank you for your interest and support of our concerns. sidcerl.,L? , .l *?fu t%u,rtr4 Gary carr(chaet G9fC/ tc CARBONDALE & RURAL FIRE PROTECTION DISTRICT 3OO MEADOWOOD DR. CARBONDALE, COLORADO 8L623 February L2, 1991 Mr, Andrew McGregor GARFIELD COUNTY PLANNING DEPT.109 Bth st. Glenwood Springrs. Co jo. 81601_ Dear Mr. McGregror t have reviewed the preliminary plan for the proposed. Goose Creeksub-division. and would I ike to of f er the rot towinqr comrnents toyou regarding fire protection for the property. As r und.erstandit the property is to be divided into s singie'family lots. Access to the lots from county road 1 00 is aclequete for theCarbondale fire trucks. The proposed roads are wide enough andturn around space is provided for the f ire trucks. Irr addit.ion,access to lot 1" owned by Mr. Kent Jones is likewise adequete forthe Cartrondale f ire trucJ<s. Any proposed bridges or culverts onthe pr^oposed roads should be capitrtl of supp6rtingr a 56,000 lbfire truck. Water supply for fire protection wili be provided with the wateicarried on the Carbondale fire trucks wfricn is 5.500 gallons.This is a sufficient water suppty for a single family houie. It should be noted that fire response will be from the Carbondalef ire station and the averag'e response t,ime to the proposed sub-division is approximately 10 minutes. rf you have any qr-lestions feel free to contact me at 963-2491.. Sincere Iy, (7-- al -------- Ron Leach Carbondale &. RuraI Fir e protection Distr.ictChiet Zogiopoulos ond Associotss, lnc. Engine ering C onsultonts 1011 42ND STREET . EVANS, COLORAOO 80620 ' PHONE 352-6000 Mr. Andrew McGregor Garfield County Planning Department L09 8th st., Suite 303 Glenwood Springs, CO 8L60L Dear Mr. McGregor, we would. Iike to address your additional engineering concerns in regard.s to the Goose Creek Preliminary Plan' L/2L/et the tangent be one small beyond the Exhibit B for shown on section 4.50 N, The_'lapproximateil road grade is +/- L%, ffii is 335r , the length is 238,25' and the is L24.42' . Section 4.80 C. The 10 acres per site levels. Computation. Secti-on 4.80 D. The existing drainage facilities have been in @aSt10oyearSandarequiteadequatetoprotectthis develoPment. 1. ) Areas subject to inundation are shown on site inventory map Exhibit B and on preliminary plat map' Iot will PIease d.evelopment of 4 residential lots averaging not create run-off in excess of historic see Exhibit A for Improvement Ratio 2.) A1I existing culverts are adequate. There will d.itch culveited by an 18" culvert extending 3 'driving surface on each side of the road' See Iocation. section 4.92 D. Percolation test hole l0cations are attafie-d-Effiffit B. \*> Sectlon 4.93 Please se€: attached Exhibit C, road cross section ffi roa cifications to be used. ASSOCIATES, rNC. a"asreQ, \p,.:zovroPoQ# t.';j.o:-l?l^tJ% .E. $ \(,f Iogiopoulos ond Associolcs, lnc. ImProvement Ratio ExamPIe The approximate percolation rate of 45% per square foot can be ippfiltf t" ttre-m'ajority of land. in the eoose Creek Subdivision' Tha remaining 55% is run-off. The proposed. improvement of a 4,ooo square foot residence and driveway to "n "*r"r"g" lot size of 10 acres will produce the following: L. ) The 4,000 square feet of land improvements will produce a 95% run-off and a 5% percolation rate' 2.) A 10 acre lot equals 435,600 sgu3f9 feet of surface area with a hisforic run-off of 55%- Subtracting t'he 4rOO0 square feet of CoVered surface area from 435,600 would. leave 43L,600. Multiplied by .55% the hj"storic run-offareaequals23T,3SOsquarefeet'Wethenmultiply the 4,OOO square feei of improvements by .95% run-off created. The result would be 3,800 square feet of affected ground percolation. Dividing 3,800 square feet by 237 ,18O squlre feet gj-ves us an improvement ratio of .02 percent decrease in the percolation rate of said lot. 3. ) We could not desi-gn anY to deal with this small off. add.itional drainage facilj-ties a change in the historic run- Exhibit A /,i,-/t,4/ (ox 6t53.7 . t, i )E/-@',iO .6, nt, q r?o\J t rtf:I G; tt\) E#>,-"' =I oi;l d' l r'( L/,; it i I go:.rt: 6t47.8 h\i\ Jr, lt //t '(t ).( GARFlELD COUNTY REGULATORY OFF]CES AND PERSONNEL January 3, 1991 Kent Jones P.O. Box L32 Carbondale, CO 81523 RE: Goose Creek Preliminary Ptan - Planning Commission Hearing Dear Mr. Jones: Due t.o deficiencies in your application, we wiII be un;rbl.e to hold a public hearing before t.he Planning Commission on January 9, 1??1. Th-esel deficienCies, outlined in my letter of December 2L, 1990, need to be addressed prior to the coilImencement of the public hearlng. Perhaps the fo.remost issue is that cited in the enclosed letteir from the Office of the State Engineer and required in Sectlon 4:91 of the Garfield County Subdivision Regulations. The rescheduling of the public hearing will require repeating thg publlc notiie publication notifying land owners within 200' and postlng of the proper:ty. I wiII provide the public noticing mater:iils when we-determine the completeness of the application and an a(:ceptable date for the public hearing. I wotrld be glad to meet with you to discuss these matters. Please caII and we can schedule a meeting to avoid derailing your schedule any further. Sincerely, Z*,/.-r-Z?-5*v-- Andr<lw C. McGregor Planner ACM/rIb xc3 Vince Gulino lo9 BTH STREET, SUtrE 303 . g45-82t21625-557t1285-7972 . GLENWOOD SPRINGS, COLORADO 81601 .i.:. STAIE OFCOLOTUDO COTORADO DEPARTMENT OT HEALTH 222 So.6th St, Room 232 Grand Junction, Colorado 81501 November 19, 1990 Telelax: (303) 322-9075 (Main Building/Denvet) (303) 320-1 529 (Ptarmigan Place/Denver) (301) 248-7198 (Crand lunction Regional Oflicc) Andrew McGregor Garfield County Planning Department 109 8th Street Suite 303 Glenwood Springs, Colorado 81601 Re: Goose Creek Subdivision Preliurinary PIan - Garfield County Dear Andrew:- I have reviewed the information on Goose Creek Subdivision Preliminary PIan and offer the following comments: 1. The proposed development is upstream of the Town of Carbondale water welI. There is a potential problem with ISDS contaninating the Town's welI. 2. With high ground water, individual wells and septic systems are not a good solulion to water and wastewater services. I reconnend this developnent contract with the Town of Carbondale for water and wastewater services. If you have any questionsr please contact me at (303) 248-7150. Sincerely, R"tu0 /fftu-**-* Richard H. Bowman' P.E. West Slope Unit Leader Water Quality Control Division BHB/csk cc: Town of Carbondale Planning and Standards, Denver Fi Ie ,t dtii: BASALT WATDR CONSERVANCY DISTRICT WATEIT ALLOTIVIENT CONTRACT Pursrrant to C.R.S. 1n3r 3745-131 Kent Jones (hereinafter "Applicant') has applied tothe Basalt Water conservancy District (rereinafter ttre 'pistrict"), a potiticat subdivision-of the State of colorado, organized pttrsuant to and existing uy-virtui'of col,,r.,lo Revised Statutes, 1973,37-45-101, gtr S9Q., for an allotment contract r- u.nrrr.ial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicint agrees to the foliowing terms and conditions: Domestic/Municipal - Industrial/Commercial - Agricultural l. OUANTffy: In consideration of the covenants and conditions herein containe/, Appricant ,t utt u"6iitt.o to receive and apply to -beneficial use .033 cubic feet of water per second from the District,s direct flow rights ina r.l acre feet per year of storage water owned or controlled bY the District. 2. sotrRcE oF AILOTTED WATER: water rights allotted pursuant to this Contract shall be fronr thcnistrict's rr^trr righ. d;reed to the Basalt Conduit, Landis Canal, stocknran,s Ditch Extension, or ottrer a."r."ior water rights hereafter acquired by the District, including the pistJci', .ontru.tual right to receive storage water [rom ].uedi Reservoir' The District shall have the right to designa'te the water right oiDecree of the District from which the Appricant,s attottJrighis sha[ uelutaineo. The Appricant's use of any of the District's water rights shall be ,ub3..t-to any and all terms and conaitions imposed by the water court on the use of the DistrictJr-oia ,idr,tr. Ilxchange releases made from the District's storage rights in Ruedi Rescrvoir o, othff w6rks ano racitiiies of the District shall be delivered to the Applicant at the outret works of said storage facility and release of water at such outlet works shall constitute fuu performance of the-District's derivery obrigation. Derivery.of water from the Distrir:t,s storage rilnts in Ruedi Reservoir shall be iubjeci to the District's lease contract with the united states B-ureau of Reclamation and any rulei and regulations promulgated pursuant therettl. 3. plrBposE AI.ID I-OCATION OF [ISE: Applicant will-use the waters herein granted forb"n"fiitfrfrffiir-"1 -h".,,grr*ration otLxisting and future wells and other water sources, *iihil oi tt rough facilities oi upon tands owned, operated, or served by eppiirunt, whlch tands are *ott tutty described -on n*niUit 'A' attached hereto; provided that the location and p"tp.r" of Applicant's use of said water shall be legally recognized and permirted by the applicable gor"*rrntal authority having jurisdiction gveJ the property served' Applicant,s conteiit.tra uig" for the water alloited hereunder is for the following use or uses: J- Other Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu or oi ruppleriental to ,\f,plicant obtaining or adjudicatinq, o1 its own, the right to uso certain waters.. ii is actnowreOgeo that certain l&ationi within the District may not be susceptible to service solely by the oistfrct's water rights allotted hereunder or the District's said blg- ',.::}ti.l . I '.1; ' :T-.':ir't.. 'rrti' 'r'r,1 t,t-J (+i) water rights may not utisfy Applicant's needs and purposes. To the extent that service cannot be achieved by use of thl pistrict's allotted *.iff rights, or in the event said service is inadequate, Applicant may, utilizc such other water rights, by way.of supplementing. the District,s water rights, or otherwise, as is necessary to assure water service sufficiently reliable ioi eprrri*t's iniended purpose or purposel Ail lands, facilities and areas served by water rights allotted hereunderut.tt u* situated within the boundaries of the District. The District reserves the exclusive right to review and approve any conditions which may be atlach-* to judicial approval "irA;fi;ris use of the oiiirict's witer rights allotted hereunder. Applicant agrees to defray any out-of-po ket expenses incurred by the oistrict in connection with-the allot- ' ment of water rigirts-t tt"under, including, but not tirit a to, reimbursement of legal and .ngin.*ring "ortr'inrurred in corinection with any wat91 rights adjudication necessary to allow Applicant,s use of such allottea water rights;'provided, however, in the event any suclt adjudication involves more of the Districtis waier righti than are allotted pursuant to !h]s Contract, Applicant shall bear only a p--ot" portion of iuch expenses. Applicant shall be solely responsible ror provioing works and faciliti"r, if any, necessary to utilize the District's water rigirts allotted hlreunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable- water right and neither the District, nor ttroie entitled to utilize the District's decrees, ffioY callol any greater amount at new or alternat" pri"ir oi diversion. The District shall request the colorado state Engineer to estirnate *y .oni"y-", losses between the original point and any alternate pint and such estimate shall be deducted from this amount in each caie. The District, or anyon-9 using the District,s decrecs, may call on any additional souroes of supply that-may be available at an atternate point of 4iversion, but not at the original point of divirlion, only as against water rights which ari junior to tt. daie of application for the alternate point of diversion' In the event the Applicant intends to develop an augmentation ptan and institute legal proceedings for the approval of such augmentation ptan to allow the Applicant to utilize the water allotted to efpli'cant hereunder, trrJepplicant rit"tt gir" the District written notice of such intent. In the "urit'the Applicant develops ano adjudicates an augmentation plan to utilize. the water allotted hereunder,'ipplicant shail not be obligated to tear or defray any legal or engineering ,*p"nr. of ttre Oirrri"t incurred by the Di_strict for the purpose of developing and ali,Oicatirig . pt.n of augmentation for the District. In any event, the District shall have the right to approve the Applicant's augmentation plan and the Applicant sh-all provide-the District copies of such plan and of all pleadings and bther papers ritea wittr the water Court in the adjudication thereof. 4. pAyI\iENT: Applicant shall pay annually for the water service described herein at a price to b"-Eiil-ffidly'by the Board of Directors of the District for such service. The initial annual payment shall bL made, in full, within 15 days after the date of a notice from the District that the iliti.l payment is due. Said notice wili advise the Applicant' among other things, of the water delivery year to which the payment shall appty ancl the price which is applicable to that year. Annu"fpryrrnts for each year thereafter shalt be made by the Applicant -JO TD .-::\,.': i:.,t on or before each March l. If an tnnual payment is not made by the due date, written notice thereof will be sent by the District to the ipplicant at Applicant's address set forth below' If payment is not maae witfrin ten (10) day14#said written notice, the District may, at its option' elect to terminate "rioitr,r Applicant's right, title, or interest under this contract, in which evelt the water right a[otted hereunder rnay 5" ionrreoro, reased or otherwise disposed of by the District at the discretion of its Board of Directors' In the event water deliveries hereunder are made by or pursuant.to agreement with some other person, corporation, quasi-municipal entity, ot-gori*mlntal entity, and in the event the Applicant fails to make payments ., ,"quir.O hereundJr, the District may, at its sole option and request, authorize said person or errtity to curtail the Applicant's water service pursuant to this contract, and in such event neither tne nistrict nor such llersons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FTINDS: The Applicant agrees-that so.long..1t^:h:: contraJti,,budget*d.pp'opiatefromsuchsourcesof,- -l-^ ^L^ ^--..^lilffi; ;"r ffi#'i.g.uy.r,iir.'rii['i" ure Applica:nt the fun.is necessary to make the annual n- - ^ --t:..--t ..,ill Iralrl;ffiiit?H';;;ffiai.;ilir..v prr'{-,.. rhis contract. rhe Applicant witl hold rL^ l^t!..^-' ^f rrralor nrrrcttanl tn lhiqffiilffi,i; ffift, and any person oi.ntity involved in the tlelivery of water pursuant to this contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a culrent basis. 6. BENEFIT OF CONTRACT: The water right allotted -hereunder shall be beneficiallyus€dfffimannerspecified[ereinandthisContractisforthe excluslve benefit "itilrippiicant ano shall not inure io the benefit of any successor' assign, or lessee of said Applicant without rhe frior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be userl for the benefrt of land which is now or will hereafter be subdlvirled or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right allotted hereunder, the Applicant may assign the Applicant,s rights hdreunder only to a homeowners association, water district, water and sanitation tlistrict o.ott., speciat itirtririprop"rly organized and existing under and by virtue of the laws of the state of Colorado and then onty il sulh osro.iation or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's oblig.tionr under this contract. In no event shall the owner of a portion, but less than all, of the-Applicant's property t9 be served under this Contract, have any ritit, t tt.under, except as such rights rnay exist through a homeowners association or rpo'irl Jistrict as above provided. Anyasignment of the Applicant's rights under this Contract shalibe trrr.i*, to and must comply with such requirements as the District may hereafter adopt regardini assignment of Contract rights and the assumption of Contract obligations by assignees and succtlssors, provided-that such requirements shall uniformly apPly to all allott*, ,*"ilinfniriri"t seruice.' The restrictions on ar.ignr"nt as herein contained shall not preclu<te the pisirict from holding the Applicant, or any successor to the Applicant' -91- 1'1" rj' "iir t.iD ffi; responslble for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Contract shall be subject to the Water Service rm "r roopt a Uy rh; bistrict and amended from time to time; provided that.such Water Service plan shall .pply uniformly throughout the District among water users receiving the same service from the tiirtri.t. Applicant shall also be bound by the provisions.of-t!9 Water Conservancy Act of the State of Colorado, the Rules and Regulations of the Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment reBulations, if any, applicaLle *ittrin thJCounty in which the water allotted hereunder is to be used, togetlter with-all amendments of and supplernents to any of the foregoing. g. CURTAILMENT OIr UsE: The water service provided_hereunder is expressly subject to the prr"iri."r "f th.t "irtuin Stipulation in Case No. 80 CW 253 on file in the District court in water Division No. 5 of the stati of colorado, which Stipulation provides, in part, for tf,e p"ssiUle curtailment of out-of-house municipal and domestic water demands upon the o.rurr.n., of certain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. g. oPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an 'operation anO t t.ir,t"n..nce Agreement' with the District if and when the Board of Dirertors finds and determines that such un agr.ement is required by reason of additiorral or special services requested by the Applicant and provided by the District or by reason of the delivery or use of *ut", by the eppticant for more ih* on" oi the classes of service which are defined in the Rules and Regulaiions of the Board of Directors of said District. Said agreement may contain, but not UE nmitea to, provision for water delivery at times or b1 means not provided within ihe terms of standard allotment contracts of the District and additional annual monetary consideration for extension of District services and for additional administration, operation and maintenance costs, or for other costs to the District which may arise through services made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approve or Airapprow ury propor.d change in use of the water right allotted hereunder. Any use other than that set fortfi hlrein or *y lease or sale of the water or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. l l. PRIOR RESOLUfl()N: The water service provirted hereunder is expressly subject to that certain nr*futi* pmsed by the Board of Directors of the District on September 25, lg7g, and all amendmenti thereto, as the same exists upon the date of this application and allotmgnt Contract. lZ. NO FEE TffLE: It is understood and agreed that nothing herein shall give the Applicant any equitaUlC or legal fec title interest or ownership in or to any of the water or water }J}.D :\. 1lt':l.j'.i.i" rights of the District, but that Applicant is entitled to the right to use the water right allotted hereunder, subject to the limiations, obligations and conditions of this Contract. 13. CONSERVATION PRACTICES: Applicant shall implement and use commonly accepted conservation practices with respect to the water and water rigtrts allorted hereunder ani shall be bound by any conservation plan hereafter adopted by the Diitrict, as the same may be amended from time to time. STATE OF COLORADO ) ) ss. COUNTY OF GARFIELD ) Subscribed and sworn to before me this Jones PO Box 132 Carbondale, CO 81623 d^v orn rtwrx,blzL , leeo. WITNESS my hand and official seat. My commission expires:,r%tqffiT - -r?. DelJ 5 ORDER. GRANTING APPLICATION FOR ALLOTMET{T CONTRACT KENT JONES Application having been made by or on behatf of Kent Jones and all parties interested in the foregoing Water Allotment Contraciand hearing on said Application having been duly held, it is he[by ordered that said Application be granted and that the foregoing Water Allotment Contract for .033 cubic feet of *it*r per second from the District's direct flow rights and 1.3 acre feet of water per year of storage water owned or controlled by the District is hereby approved and executed by and on Uitr*f of the Basalt Water Conservancy District, for the blneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment as therein spccified and subject to the following specific conditions: l. The Applicant shall establish a Homeowners Association or other entity acceptable to the District for thi ongoing paynrent of charges due under the approved Contract following subdivision of the prodrty Oiririt eO in the Application on file with the District and the Applicant shall givi noti.i to purchasers of all- or any part of the :lbjTt propell of the obligation of thiJContract, and shall record such notice in the records of the Clerk and Re:order of darfield County, Colorado. Applicant and his successors and assigns shall cornply with all rules and regulations now existing or hereafter adopted by the District to enforce payment of charges dueinder the approved Contract by presenl and future owners of all or any part of the real property served under the Contract. Z. The Applicant shall provide the District proof that the proposul land use of the land to be benefitted 6i tt e water allotted hereunder has been approved by the applicable govern- mental authorities Saving jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided. 3. The applicant has acknowledged that the land to be benefitted by the foregoing and attacherl Contract is described as follows: see Exhibit nA" attached hereto and incorporated herein by this reference. BASALT WATER CONSERVANCY DISTRICT r,y: d,|n'ln ,- ,&nr,'-? President I hereby certify that the above Order was entered by the Directors of the Basalt Water Conservancy District on the 12bh day of November , 1990. ATTB$T: Secretary - rq- 'lr ri,iJ , A parcel of land altuated ln l.otn 3 and 4, Sectton ]5 and LoE 8, Sectlon J4, Tounshlp 7 SouEh, Range 88 Hest, of the Slxtlr Prlnclpal Herldlan. Sald parccl of land 1g descrr.bed ag followar Beglnnlrrg at thc lfltness Corner for Lhe South Quarter corner ol aald Sectton 351 thence ll. 53'30tit'll. 4278.58 feet to the Trus PolnE of Deglnnlng, aald polnE also belng the NTI corner of ttrat parcel conveyed to John ll. ilaeobaen by Docrtment No. 2?1155 of the Garflcld County recordal thence N. 00'49r0O" E. 930.90 feet, to tftc gw corncr of that prrccl cont'cycd Eo llavld Eurnford, et al by Document llo. 276611t thence E. t33?.67 fect along bhe SouEh llne of eald parccl to Lhe SE corner thercoGl thence North 1247.ll feet, along Lhe Eaet llno and East llno . extenrlerl of aald Burnford, et, al parcell thence N. 89"23f39" E. 446.97 feet,t thence $ouEh 2182,67 feot Eo a pol.nt on the tlorth llne exEended Eart of that parccl conveyed to Jacobsen, thenee lfesE l797.OO feet, along the llorth llno extended and North llne of sald Jacobaen parcol to the True Polnt of Beglnnlng. ,2 J? EKHTBTT "4" IIIIIIIIIIIIIIIIIIIIIIIII FIESLIUFICE ENG!NEEFIING INC 13 1991 GARFIELD COUNTY Mr. Andrew McGregor Garfield County Planning Department 109 Eight Street, Suite 303 Glenwood Springs, Colorado B160l February 12, 1991 RE: Basalt Water Conssrvancy District Water Allotment Contract Kent Jones Doar Andrew: You have previousty inquired as to the status of Mr. Ksnt Jones', water allotment coptract *itn the Basalt Water Conservancy District. Please be advised that Mr' Jones doos Jrave an approved water allotment contract with the District for 1.3 acre feet of water per year.-The water was acquired to augment the stream system from potential out of priority diversions associated with a four unit residential development located near Carbondale, Colorado. l'he water under contract is available for release from Ruedi Reservoir. ln calculating the amount of water required for the contract we assumed that the wastewater would be treated by individual E.T. type systems. These systems rely on evaporation and plant transpiraiion processes and are considered l OO% consumptive (i.e. no return fiows reach the stream system). Therefore, the water allotment bontract is suf ficient to covor the subdivision's total diversions for in-house purposes' Should you have any questions concerning this matter, ptease do not httsitate to call me. Sirrcerely, RESOUNCE ENGINEEBING, INC. R. Scott Fifer, Hydrologist RSF/rnmm 033-10 bwcdr3o C(l: Mr. Kent Jones Consutblng Engineens and Hydrologists ^ ^e 6-- r Eav EtO2 Gnend Avenue, Suite gop r Glerrwood Spnings, C(] El1601 I [3ogl 94ffi777 r Fex *x*1137 c ORDER NUMBER: CONTINUATION SHEET SCHEDULE B SECTION 2 900L7232 COI"IMTTI'IENT NUMBER: N/A 12. ttap and Statement of the Union Ditch filed January L4, ttl9l as Reception No . L2L74. 1-3. Road Viewerts Report recorded JuIy 31, 1BBB in Road Record Book 1 at page 93 as RecePtion No. 7363. 14. Right of way an<I easement as granted to Mor:ntain States Telephone and teiegraph bi document recorded Novemtrer 19, 1970 in Book 4L5 at page 93 as Reception No . 2481-69. s 'l' E \t'A [t'l' T I a' L E OUARANTY COIIPANY 3 \r1,, tJ l{ u ry May 31, 1991 Garfield County Commissioners C/O Andrew McGregorGarfield County Planning Department 1O9 8th Street, Suite gO3 Glenwood Springs, CO 81601 RE: Goose Creek Subdivision Dear County Commissioners, Most of the other concerns inproperty still need to be addressedplain, high water table, Carbondale'sI still feel, ds do my neighbors, thatLocation for further development.r question the ability of Mr. Jones to finance thls project.To date Mr. Jones has invested in turning the sma1l barn into frisresidence and placing 9 i1legaIly parked old junk vehicles and anunsightly dumpster on the property. He froods the dirt road andnever repairs the damage that he causes. If you do find that thisproperty shouLd be developed r hope you will require adequatesecurity bonds to assure a quality development fr 1 1991 bnnt truu regards to this piece ofsuch as wet Lands, floodwater resource, wiLd life.this is not an appropriate r am sorry that, due to a medical emergency, Gary and r willnot be able to attend the meeting Monday. we have given perri Robbins permission to speak on our behalf at the meeting. you havein the files previous Letters from myself and the adjoiningproperty owners. I feel, €rs do the neighbors, that most of ourpreviously addressed issues in reference to this proposedsubdivlsion have not been appropriately addressed.r was very concerned after the Last p&.2 meeting as to theadequate and legal access to this subdivision. AJ you know,Garfield County has a very qualified staff and attorney hired toadvise the P&Z and County Commissioners on what their expertise andresearctr tell them is in the best interest for the county. It wasamazing to me that the P6rZ completely ignored the adviCe of yourattorney in reference to the questionabLe and adequate access.Dick stevenson made a motion, which was approved, that theyrecommend approval of the Goose Creek Subdivision deleting th;reguirement made by vour attorney, that the developer have thecourts make a decision on the legality of the access. Mr.Stevenson stated that the burden of the access legality should beplaced on the existing property owners. I can't believe that thecounty woufd expect the existing property owners to bare theexpense of proving legal access for the developer. Even thedeveloperts attorney was not opposed to your attorney'sreguirement. )xr""r)' -,'/l t -'(. \ a'a'- .-'-f,isa Carmichael- .' ,,1 | ,l/'*. CC Btrot( E06 pffizE4 EXHIBIT A :. A parcel of land siE,uabed In Lots 3 and 4, section 35 and Lob g,Section 34, Township 7 South, Rangre 88 Wept of the Sixth prlncipalMeridian, said parcer of land is described as forrows: Beginning ab the Wltness Corner for the South Quarter corner ofsaid Section 35;thence N. 53030'43" W. 4278.58 feet to the True Point of B'eglnnlng,laid point also being the NW corner of that parcel conveyed.-ioJohn H. Jacobsen by pssrrmsnt No - Z7LL1S of bire Garf ield. Lounbyrecords; thence N. 00o49'O0it E. 930.90 feet to the SW corner of thab parcel iconveyed to Davld Burnford, et al, br Document No. z7664Li Ithence E. L337.67 feet along the.south line of said. p.r".i to theSE corner thereof tthence Norbh L247.L4 feeb along the East line and East line :ext,ended of said Burnford, €t aI parcel ithence N. 89023' 39" E. 446.91 f eeb ithence Souttr 2L82.67 feet to a point, on the North line extended' East of that parcel conveyed. to Jacobsen-thence ?{est 1797.88 f eet alongr Ehe North line ertend,ed. and Northline of said Jacobsen parcel to the point of beginning. COUI.ITY OF GARFIELD STAIE OF COLORADO \_._ shaIl not entit,le the' ,€D. irrigation usag'e is ,r?Ait shall be in eifectox lssuance only, unlessdue to the establishmentand use. customer to irrigate during any period, -entirely prohibited. ThL exeiptionfor the restriction period of the yearsooner terainated- by the Town ttanigerof further restrictions on irrigation CHAPTER 13.32 POLLUTION OF WATER AI{D WASTEWATER SYSTE},TS Sections 13.32.O10 pollution of Water Systeu13.32.020 pollution of Wastewaier System13-32-03o porlution of water correciion system13.32.040 pretreatment for Grease Removal13 ' 32 - o5o Manufacturing and rnd,ustriar uses L3.32.010 pollution of Water A) rt is unlawful for any p"r=o.r,' to discharge or alrow thedischarge in the Townrs ya!"r system any substance or materialwhj-ch will in any Eanner injure "i LGtnlct inl-iv=ten, or whichwill contaainate or pollute -tfr" water,- g! in any minner, pollute,obstruct or contaminate the water in said, wateiio;k;. B) As used. j.n this Tit1e, the teras rpollute, r rrcontamj-nate, rrand rrcontaminated, i.nclude the nannaa6, Dan-'ind,uced,, animar_inducedr or natural alteration of the physical, chemical,biological, and rad.iologicai i"t"grity of water. 13.32.O2O . The d,ischarge of non_acceptab1ewastesintoffi.*"t"i.!}Jt",,whetherdirectly or indirectly, is pr"-rr-iliteJ, and where- investigationrevears the presence of non-icceptable wastes enanating-f;;;-;;;1ot, land buildine - or premi,.es; ih; .;;; G;;;=, renrer oroccupant of. such lot, 1and,, Luilding or prenises shaI1 berequired at }i= own expense to treat, neutralize, re,over oE i.nother ways to ^ prepar6 the noxious sr:bstance therein to thesatisfacti-on of - thl rown in "=i". to convert the same intoacceptable waste. The following .." d,eened to be non-acceptabrewastes: A) Any liquid.or vapor having a temperature higher than 105degrees Fahrenheit. B) Any water or waste having a five .(5) day biological oxygendemand which may contain uore Lhan one thou=.r,t Jr, ooo) parts peruillion by weight ^averaged. d,uring ""t-twerve (L2) hour period and. $!fi..""t exceed zso Pph at wa=l"witer ptani influend samprini 19 c) Any gasoline, benzine, fuer oir, flamrnable or e:rylosiveIiquid, solvent or gas. D) Any residential garbage which has not been properly shredd,edby a residentral gari:ige ai=p"=ir; "-- II=."HL.3TlinS"n"ti11*.t. comnerciar operations, includ,ins F) Any ashes, cinde,rs, s_and,r- mud,, tar, straw, shavings, metal,g:rass, rags, feathers, plasticsr' manurer ro6a, -gritr-' "E ""Elbrick, onYx, carbider oE 8tn". ="iia "" viscous subJtance capableof obstrrrcti'on of the floor of the wastewater ti"ain"nt works orany other interference with tr,. -l.oper operation of thewastewater works. G) Any water or waste havJ.ng a pH concentration lower than sixand one-harf (G L/z) or rrigrr-i ini" ;i;" (e) o= rr.ring any othercorrosive property-causing d,anage o, Lazard to stnrctures,equlpnent or personnel of the Townis wistewater facilities. H) Any water or wastes containing a toxic or poisonoussubstance in sufficient quantiti;s-"i;=.injure or interfere withthe wastevater treatment process, constj.tuting a hazard, to hr:mansor animars or creating aiy hazard in-iire receiving of waters ofthe wastewater treatme-nt plant r) Any waters or wastes co.ntaining the suspend,ed sorid,s of suchcharacter or quantity that un.r=uir attenlion ; expense isrequired to hand.le sucl ,"i".iJ= "rine sewage treatment p'ant. J) Any noxious or malod,orous gas or substance capable ofcreating a public nuisance. K) Any surface or g:round water. ll*rliilH:, or anv nature in vioration or applicable srare M) Any other substance which cannot be discharged, underapplicable state Department of Eealth ilg,rr.tions. 13.32.030 . A) rt, is unrawfur for any person or entity to porlute orcontaminate, or to keep or haintain any bui.rding, privy, pe',yardr oE corrarr o.. to- uaj.nBf."--;;-'graze any livestock, or tokeep or conduct any businEss which *ir'i contamin"E o= porlute orlead to the contanination or pollution of ___ 1) Any we$ site operated, by !h". town in connection withthe Town waterrworts, whethlr rocateh insia" .= "-utlIie the Town,snunicipal boundaries any of tfr" fofiowing ___ 20 said parcel of land is describect as follo"us: Beginnrn$ ab the Witness Point to the Sorrth Ottarter Corner of Section 35 in Township 7 Sor-rth, Range BB West, thence N. 33o06'37" W. 5478.17 feeb to the true 1>oint of beginning; thence West 25,00 f eet ; thence North 25.00 f eet i r-hence East 25.00 f eet; thence South 25.00 feet to the true point of beginning. 3. I{e1I Site No. C. A parcel of land srttt.ated in Lot 3 of Section 35, Township 7 South, Range Bg West of the Sixth Principal I'{eridian, County of Garf ieId, State of Coloracio 'sarid parcel of land is described ils follows: Beginning at the Witness Point to the Scuth Quarter Corner of Section 35 'Township 7 Sout,h, Range 88 Wesh, thence N" 30o09'53" w, 51- 91 . 52 f eei- to the true poinb of, beginning ; thence N. 77o59'0C)" W. 25.00 feet; thence N. 12o01-'00" E. 25.00 feet; thence S. i7o59'C0" E. 25.00 feet; thence S. 12o01'00" N. 25.00 feet, more or less, to the irue point of beginning. 4. Well Site No. D. The point located in Ehe SW l/1 of Section 3, Torvnship 8 South. Range 88 West of the Principal Meridian, 1900 feet west of the east line 1,300 feet north of the sottth line of said Section 3 Torvnship 8 South, Range 88 Nest of the 6th Principal Ileridian, Cottnty of Garf ie1d, State of Colorado. SE 7/4 S irth and , C. As used in this section, the terms "pollute," "contamina'Le," and "contaminated," include the manmader man- in,luced, animal-induced; op natural alteration of the physical, chemical, biological, and radiological- integrity of water. (Ord. 1-1980: Ord. 9-1970 #6). *G.,,^ o -),' LJ i v\C\r-r C ci C;,-A*-.1^l*' 1 3 . 04 . 040 .L[t!e--Efe.Ee,]qe*!i.it,h wa-t-eruor-k-s- It i s un.lawfu1 f or any person, ttnless authr:rized b-v bhis chapter, to trespass upon the grottnds of the Carbondale waterworks or to in,iure or in an-r' r,iay danage or interf ere with any pipes ' mains, proper.+-y or appliances constituting or being a part of the Carbondale wa|erworks, ou any fence, guard r.aii, br:>l cover' or builrlinq: or []111r other structure constrrrcted or used in connection with seicl waLer-.rorks. (Ord. 9-1970 #4 ) " 13.04.050 Pl>fh$J_On_qtl r.ra'L..er" It is unlawful for any person to cast, place, dump or deposit in said r.vaterworks any subs'tance or material wirich wiIl in aIIy lna,nller initrre or obstrrrci: the wor'I<sr oI r.ihich wiii contaminate or pollr.rt.e the rv4'Ler, or in an-Y menner, poIltrte, obstrttct or conLaminabe tire r!'ater in said rtaterrtor:ks. (Orci. 9-1970 #5). 13 .04 .060 P-ef-lrit-.i-o-rr-qi :ra!-e-rrgo-'rks-E:l,t=:!de-J.he t owrr. A. It is unl-awf,ll for any person tc pollute or contaminate the water of Nettle creek, its tribularies, or its adjacent springs or to keep or maintain, d'u, along; or near the banlis of Nett,le Creel<, its tributaz'ies, or i Es ad jacent springs fr:r a distarlce of f ive rniles above bhe intake of +-he pipeline of the town at Netrle Creek any building, privlr, perrr yardr or corral- or to keep, maintain, or gteze any livestock, or to have, keepr 01. conduct any business near NettIe Creek which contaminates or pollutes the waters of Nettle Creek, its 'tribtttaries, or its adjacent springs r or which will render such water unfit for domestic use. B. It is unLar+ful for any person to pollute or contaminate any of the followinq described rvell sites from which the town takes water for its town waterworlcs, or to keep or maintain any buil-ding r Privy, P€o, yard r or corral f or stockr oi +.c mailltain o-r' graze an.v l-irrestock or to keep or conduct anl, business which will cause to be contaminated the water tairen at the f ollorving well- sites, which well sites are described as follows: 1. WeIl Site No. A. A parcel of land situated in Lot 1 of Section 34, Township 7 South, Range 88 West of t,he Sixth Principat Meridian, county of Garfietd, state of colorado, said parcel of lanC described as follows: Beginning at the Wiiness Point to the South Quarter Corner of Section 35 in Township 7 South, Range 88 Nest; thence N. 35o25'38"w. 5836. 71 f eet to the ti'tte point of beginning; thence S. 00o49'00" w. 25.00 feet; thence S. 89o11'00" E. 60.00 feet; thence N 00o49'00" E. 25.00 feet; thence N 89o11'00" N. 60.00 feet, more or less, to the true point of beginning' 2. WeII Site No. B. A Parce1 Section 34 , TownshiP 7 Sorrth, Princ ipaJ- Ileridian, Count-r- of of lan<J situat,ed in Lot 1 of Ranq'e 88 West of the Sixth Garf i-el-d, State of Coloraclo, I hope this is thedo not hesitate toassistance. ^\SincereIv.I.,1,,,f \./'(.acatft-'L tct''..= Davis Farrar Town Manager xc: Marli Chain Bob Emerson Mark Bean information contact me requested. PIeasebe of furLher that l-or-rif I may Jwn of Carbondale 76 South 2nd St. Carbr>ndale, Colorado 81623 (]03) 963-273i EEMarch 18, 1991 Don DeFord Garfield Countv Suite 300 Gl-enwood Springs, Dear Don; I understand that yoLr had reqltested some information regardi-ng rr'e1J- head protecticn at our Roaring Fork F-iver municipal well fields and the Town's position on Goose Creek Subdivision as it relates to watershed protection. I believe that Mark Chain recently mailed the County Planning Office all the materials covering review comments from the Town. fn brief, the Tortn of Carbondale has requested the opportunity to review building and septic permits requested to be issued in the Goose Creek Subdivision, prior to issuance, for purposes protecting our well field from potential pollution resulting from inadequate septic systems or other pollution sources. The Town asked for and was granted, by the Goose Creek developer Kent Jones, the ability to enforce the terms of the covenants relating to sewage treatment systems and household pol]ution. I suggest that the Town of Carbondale be named as a third party beneficiary to the section of the covenants covering pollution of water. When the covenants are in a final form, the Town requests the opportunity to review them for that language prior to final approval of the subd iv i s ion . I am enclosing a copy of the section of our existing municipal ordinance that covers protection of the municipal water supply from pollution sources. I am also enclosing a copy of the newly revised water ordinance on the same topic that the Board of Trustees is in the final stage of reviewing. It is anticipated that the Board will adopt the new ordinance in the next few weeks. The Town of Carbondale appreciates Garfield County's cooperation and interest in assisting with protection of our municipal water supply. Irte rvould Iike to continue working with you to establish specific guidelines for wellhead protection. These neqotiations could serve as a model for other parts of Garfietd County where land use development potentiallr- conflicts with protection of public water strpplies. MAR 21 1991 GARFtcuui Co. 81601 UOUNTY i). Any well or well site used or operated, by theconnection with the Toun waterurorks, incruding uy wiy ofand not by way of linitation, those werls operated at orcrystar River and those wells operated aC or near the Town in example near the Roaring which water is Townrs Nettlethe Town takes Fork River i ii) Nettle Creek, its tributaries,and its adjacent spring; iii) Any area five niles above the point fromtaken FV any well operated by the Town, by theCreek intake system, or any other point from wnicnwater for the Town t s watelslorks. 1. werr site No. A. A parcel of rand situated in Lot 1 ofsecti.on 34, Tow.nship 7 south, Range gg west of the sixthPrincipal Meridian, -ounty of carfier-d, state of col-orado, said,parcel of land descrj.bed as follows: Beginning at the WitnessPoint to the South Quarter corner of se6tion is in Township 7s-outh, Range 88 west; thence N. 3s degrees 25 r 3g, w. 5836.71feet to the true point of beginning,'thence S. OO d,egrees 4gt OOnw. 25.00 feet; thence s. g9 degrees, 11r oo, E. Go.oo feet;thence N. oo degrees 4gt oo, E. zs.oo feet; thence N. g9 d,egrees11 | 00n N. 50. 00 feet, more or ress, to the t:rre poinl 0fbeginning. ' 2. well site No. B. A parcel of Iand, situated, in Lot 1 ofsection 34, Township 7 south, Range 8g west of the sixthPrincipal Meridian, county of Garfier-d,, state of cororad,o, saidparcel of land is described as follows: Beginning at'the WitnessPoint to the south Quarter corner of seciion 3s in rorrnsnif-is-outh, Rangie 88 west, thence N. 33 deg:rees oE r 37n w. s47g.a7feet to the t:rre point of beginning; thence west 25.00 feet;thence North 25.00 feet; thence rasl 2s.oo feet; thence south25.00 .feet to the t:rre point of beginning. 3. I{ell site No. c. A parcer of rand, situated. in Lot 3 ofsection 35, Tovnship 7 south, Range gg west of the sixthPrincipal Meridian, county of Garfiel-d,, state of cororad,o, saidparcel of land is described as folLows: Beginning at the WitnessPoint to the south euarter corner of settion 3s, Township 7south, Range 88 l{est, thence N. go d,egrees 09 r 5g, w. 519i. s2feet to the tnre point of beginningi thence N. 77 d,egrees 59 | OOllW. 25.00 feet; thence N. L2 degreei Ot-' OOrr E. 25.OO feet; thencesl 77 degrees 59t ootr E. 2s feet; thence s. L2 d,egrees o1r oo, N.25-00 feet, more or less, to the t:rre point of belinning. 4. well site No. D. The point rocated in the sw L/4 sE L/4of secti.on 3,. Township 8 south. Range 88 west of irre sixthPrincipal Meridian, 19bo feet west of the east rine and, 1,300feet north of the south rine of said. section 3, Township e south,Range 88 West of the 6th Principal Merid,ian, iounty of Garfield,State of Colorado. 21, !=!!!FIESOUFlCLIIIIIIIIITE N G IN E E FI IN G INC Mr. Andrew McGregor Garfield County Planning Department 109 Eight Street, Suite 303 Glenwood Springs, Colorado 81601 February 12, 1991 RE:Basalt Water Conservancy District Water Allotment Contract Kent Jones Dear Andrew: You have previously inquired as to the status of Mr. Kent Jones' water allotment contract with the Basalt Water Conservancy District. Please be advised that Mr. Jones does have an approved water allotment contract with the District for 1.3 acre feet of water per year. The water was acquired to augment the stream system from potential out of priority diversions associated with a four unit residential development located near Carbondale, Colorado. The water under contract is available for release from Ruedi Reservoir. ln calculating the amount of water required for the contract we assumed that the wastewater would be treated by individua! E.T. type systems. These systems rely on evaporation and plant transpiration processes and are considered lOO% consumptive (i.e. rro return flows reach the stream system). Therefore, the water allotment bontract is sufficient to cover the subdivision's total diversions for in-house purposes. Should you have any questions concerning this matter, please do not hesitate to catl me. Sincerely, NESOUBCE ENGINEERING, INC, R. Scott Fifer Hydrologist RSF/mmm 033-10 bwcdt3o CC: Mr. Kent Jones C,onsulting Engineens and Hydrologists BOP Grend Avenue, Suite 3O2 I Glenwood Spnings, CO El160l r [3O3] 945A777 I Fax 9zl+1197 FEB 13 1991 GARFIETD COUNTY FEB 18 1991 t, "r Len Truesdel 1 0189 County Rd. Carbondale, co I February 12, 1 99 00 623 Garf ieId County PIanning and Zoning Glenwood SprihgSr Co Re: Goose Cneek Subdivision off County Rd Carbonda I e. Dear Sirs and Madam, 100 outside of the area I have several concerns about the revision of the former "Goosum Creek" project, now referred to as the "Goose Creek" project. I talked with my neighbors last year when this proiect was f irst presented and we testif ied before the P&Z at that time about numerous items. Neither Mr. Jones nor Mr. Galino have ment i oned to me any p I ans to del ineated. m'itigate the concerns already 1. Water Qual ity Carbondale has gone on record that any more development in th'is area will endangen the Carbondale town water supply wells Iocated a few hundred yards from the proposed development. lt has been po i nted out that 'in add i t'ion to the obv i ous concerns about sept'i c treatment, there 'i s cons i derab I e concern about contnol of surface waters. Households w'i I I produce increased vehicle oils and fuel sp'i 11s, garden pesticides and chem'icals, increased fert'i lizer Lrse and other domestic chemical loads. The soi ls in this area are extremely porous. ln fact, irrigation water shows up in drainage ditches 50 feet away in a matten of minutes. The subsoi I is essential ly gravel with almost no clay to impede water migration. My we I 'is I ocated as c I ose or c I oser than the Carbondale responsibi I ity for€s, shou I d they be wel ls. Wi l l Garf ielcl County accept any legalthe integrity of my well, os well as Carbondal pol luted? 2. Road Access The present homes 'in this area have easement rights down a one lane, Frivate gravel road off County Road 100. This road is marginal Iy adequate for the current load, but is questionably adequate f or f i re andr/or emergency access . The Goose Creek pro ject wi I I double the dens'ity and double the use of the access road.I am concerned with endangering children walking to schoo'l bus serv i ce on Co. Rd. 100 . I am concerned about f i r^e access on this road 'if it is further degraded by th'is project. I am concerned about emergency vehicle access on this noad. Wi'l I Garfield County assume liabil jty for fire or other damage that 'is i ncreased by the impact of th i s pro ject on the access road? Will Garf ield county 'insure my continued access and continued easemerrt rights dur ing any construction that the l GARI-IELD (r.,) Goose Creek proiect initiates on this road? 3. lrnigation Water Th i s Goose Creek property 'is crossed by 'irr i gat i and the access road closely paral lels an irrigation this water supply is interrupted by constnuction assoc this project, there w'i ll be cons'iderable degradat pastures and agricultural business jn the area. Wi 1 County assume I iabi l'ity for damage caused by interrupt irrigation water supply? ment plot. I would like to vigorously oppose NO PUBLIC LAND ALONG THE RIVER IN THIS create a precedent for providing publ ic Iands. The opening of my pr operty to the the incidence of trespassing and littering. prov'ide c I eanup and compensat i on f or damage caused by the creation of a public access? on ditches,supply. 1fiated with ion of the I Garf iel.d ion of the 4, Public Access to the Roaring Fork River During the Goosum Cneek vension of this proiect, the DOW requested publ ic access be prov'ided to the ri ver on the develop- this idea. THERE lS AREA. P I ease do not access to pr ivate publ ic wi I I increase Will Garfield County to pr i vate propert'ies Given the above concerns and the fact that I have suggestions for mitigation for Mr. Galino or Mr. Jones that this area is 'inappropriate for a development of this request that you deny approval of th'is pro ject . heard no , I Feeltype. I S'incere I y , /{,-**- Len Truesdel I JC)FII{ H- ..rACOBI-IIN(fl_a5 RC)AD f.CJC,P O BC))< :t_ 2ICA]i,BC)b.T])ALE, C()- AL62303-925-1470 303-96:t-3S29 Eebruary 11, 1991 :-l Andrew McGregor, Garfield County Gar:field County 1C'9 Bth Street, Glenwood Springs Ref: Goose Creek Dear Andrew, Planner: Planning Depetrtmerrt Courthouse Suite 303, co 81601 Surbdivi sion As an adjacent property owner I have two concerns about Lheproposed Goose Creek Suhclivision that I would like t,o bring toyour attention. The access road f rom count,y Road 100 j.s barely adecluate forthe present use.When the construction equipment rreeded tr:construct ttre i.nternal (-ioose Creek Road and the br-rilrli.ngs t;o bebuilt there start using the accelss r:oad, thery wi t L p].ace anunbearable l.oad on it. This wiII desLroy the preserrt road. Iwould ask that the County requir"e ttre Goose Cir:eek Subclivisiorrowners to prevent or repai.r the damage. As to t.he suhsequentmaintenance of the access road, I agree with tlre pr:oposal on paEtts38 of the Preliminary Plan. fn the Goose Creek Subdivisi on itsel f the proposerl accessroad borders on my proprrrty and will be ver:y close to my house.This will callse dust from the gravel road to blow into my hotrse.Also the noise from the trucks arrd cars wilI be very anrroyi.ng. Iwould ask that the owners place tlreir access road acljacent to arrdparal).el with the existing Niesrarrik irrigation diLch. Thank yorr f or vour Lime atnrl (,onsj.deratjon in t,his nratter- Yotrrs truIy, i. Jiri.l !./ \ GARFIELD COUNTY 0181 10O Road Carbondale, CO 81623 February !7, 1991 Nnze*oa BeanGarfield County Planning Department Glenwood Springs, CO 81601 Dear Mr. Bean: I am writing to express my concern with the development proposed by Mr. Kent Jones on the 50 plus-acre parcel of land off County Road 1OO, northeast of Carbondale. I own a home and 9 acres adjacent to the proposed development property. I feel that subdivision or further development of any land in this vicinity should not be undertaken without extra- ordinary scrutiny of the potential conseguences. The road which accesses the proposed subdivision property is unimproved and not maintained by the county. This road is simply not able to handle any more traffic without substantial and costly improvements. Moreover, a large portion of the PropertY in question is wetland habitat. Development wiLl not only have an impact on this habitat, but aLso present unusual and significant problems in road building, drainage and sewage management. It is my request that the County Planning Department thoroughly explore the potential conseguences of development and address these problems prior to granting permission for any subdivision in this area. Thank you for your consideration of this matter. d,ukc\lrGan FEB 12 1 l; FebruarY I2, 1991 Mr. Andrew MeGregor C"rf ielcl County Planning Department 109 Bth St'reet, Sulte 303 Glenwood SPr i,ngs, Colorado Dear Anclrew: The other maJor Lg94, the access to Thankyouforyourtirleinexplainingthe-variousaspectsofthe proposed Coose- Creek Subtiivisl.r., to me. I am pleased that the city (Carbonclale Board of ti"*tees) passed a motlon asking Garf ield County to place " pfut r*it-rlction on sewage disposal methods in ttris area. As tl're cl0ses L lancl0wner to carbondale t s weLl fielcls, i-huu. learned flrst hand how very easily this water ean l)ecoure polluted by grazi ng livestocl< ' etc ' I Euggest that the gg-B.I=8!Ilgggg;-;""it"i""wiI1 l:e neceasarv to protect the growing noDu].atlon or=ciiuonO"r*, ""a i cannot help bYt wonder how 'd;Iffi;;;i; ;iti-';;i"i"" i,r'"-'".*er disposal-and other forms of conta,mi.nationt,hatlnevltablyresult.,rl"nhumansandtheIrlivestocl< move lnto an at*i--'=,r"f, ds this ' fhie will lre a rna jor headaclreforCarbond.r'Ie,an<lpr<rbablyf?'exisrlnghomeownerg,,qlownsLream" rf the subdivf -f'"". r -*ttt'ision the posgibility of I;;;"its and nore state control' 8I6OI problem, which has not' been addressed' it is proPosed develoPment ' is the Mrerr r]ack ,-Tacobaon and I bought 9uI propertles here' f if teen ycars actor the exlstlng 'o*d *tt-a dirt Lraek that zioootd and zagged to foriow -i^ciefrt teil"e", ana irtiq"ti"n Oitcrr6i' and avoid boggy area8. -i; sprirrg, t""i-*i-r"er drive wae mandatory. well, f ranlcly, not much has ctta"g;d' A ltttle road base has been lald' and only smal.r,er varieties of fish live ln the Potholes now' but ;h; ;;;a is, and arwaYs has bee'' a tnessl Two factors contrihut'e to the problen' The f irst is the 1:roximity of i-y."r-round stream wfrictr parallels the road f'ot most of its length. Tho stream-"r,"rt"" that the ground under the road ls irr a constant state of r.;;;i iu"orption. Af ter a raln, oE duringaspringmeltrgreat-amountsofwatersituPontheroadl:ed, unabre to be absoibecl . Thla water quickly washes away the roacl trag@ material and huge potholes are t'hus creabed' The ciry of carbondale (purric works) tries valiantly to help ,s wirh occasional grading,'L;l-cgn dg rictte good aE there is no material- to hrork wi[n. Wft"re irrigatiol clitches run under the road ( in trrrei frice"l, trreie is a continuing probrem in Ehe i r r iga t ing seas^on of overf low created by lrlockage f ront ob ject s carelessly allowed to elrtei- lt " ditches- upstreamr Qts from carelegs irrigatioir lrracEicee on Mr ' Jones' property' FEB t2 1991 | 'u\' Mr. Andrew McGregor rebruary L2, 1991 Page Two Thesecondproblemi'sthenarrowaspectoftheroad'onelane for mo6t of its length. we cannot count-the times when'"-vI'nTE-IE has becotne stuck t ot tempoioti:-y ai?:?l:d' and we are elff,ectively sttuL ln, or out of our varir.-:us |roperties. Nor can we count the times whcn we have had t<: clive fotthe Russian olive buehes to avoid col_lisionl--c"irisions rlo occrrr, and we loae our mirrors to bushes attcl trees, and our clr Uc'Aiti are scratched and dinged' EJro a(re quicktY down herel .:.A3oosi.ncreaseintrafficherewouldbelnto].erab]Le,and dangerous, o.,a ridlculous, giverr the current state of the road. Let me glve you a personal' Lrue example of.dangeroua' Four years ac-,o a tr.e-nO an. I ,;;;- iiaitg in otr Pa.ture' ' My f riend was tlrrown from hIS hOrSe ".ra sustalnecl a u"verely fractured fenrrr. It took the Carbondai.'i^U"fance one hour'to arrive' a"riv*a sor"i| uv lhe gSnattion of thls roadl rn a life-tlrreatetringsituation-a-aet.rylikethiscouldbefatal'In another instanee, seven years "go' a 9ra9s fire raged out of conrror on our ranch. H.if,-;.;_isain.clerayed by the rough condition ot-lrris road arrd we almost 10st our home. sut)pose the chlorine tank at the carbonclale well Pulnp station susLainedaleakarrd.evacuationbecametleceasary.-_1'yvehlcleIeft unattenii['- orr-tt" roadway,.or u' "ottisionl could effectively crose of f our e'cape ,ou[ul' -itr" pr:obahirity exists now, of courre, bur would be gr*-iiy lT;lified bv the additional nulnbers ,-rf people irr".r,-ioaitionar s-ro-homes. it is obvious that a two Iane road, or in alternate acceEs is malldatory' Plr.ilonesprotrabtyhaswonderfu].intentlone,andwouldliketo al)_ay your "o'l*irr* (incl ;";;) about the road with a complicat'ed scheme for honeowner agsessment' If a decent road were in existence, homeowner asseis;ents for pefiffiTfi--nETfrtenance and repair woula-ue-appropri"[e. At thls polnt, however, homeowner aEEe6smerrt8 would he conparable to Genoral Sclrwartzkopf rs ,,mo*qrlito or,*I[-"fipni;;t-;;;.r"gyi and ao rittle gootl to cure the probiem. Vlsualize the si Euat iorr ' wlren and if this development 1s a1>provecl.E'irsttherecomesastreamofrealestatepeople'andthelr buyers, then come the surveyors and the engineers' Then' come ttre contractorE, "*tpI"[uia" "l""Lricidtlsr well <lrillerE' pI tttntrers , rock masons , roif ers ' lumbe r trucks ' inspectof s r Iandscap€rs, etc . , ete . , ';;;: oepending uPoII l"* s:-1:I1Y.:,1""' Iots bJere =old-and <leveloped, we are Iooking at an excegglve volume of t;;iti"-over rh; next lhree to fiyg years'--EAhTs road is rota1Iy inadequate tot-tf," fefr-?Emlfits*ifro reside here now' i Mr. Andrew McGregor FebruarY L2, I99L Page Three how catl it be used for a volunte of traf f lc such a3 this <1 evelopment would generate? After the selting and building.has seLeled down' each single tarr,iiy-awelt.ing wottld generate a irinimun of four tripe per day' As guest houeel coulrt be a perrnit!"g':""' this could aild another four rrri.ps pe; d;y ;i"imum:* r\,l,rltlply thts by_1 fact-or of f lve an<r we have a mininum of 40 trips ie-r day. Add to thi.e meter I nspect-ors, teTEfrffiE -repair trttcks ' horse tra I I-ers ' garbage clisJ-rosaI, gue=t"'.rr.t frilncls, ownerE of boarded horses, UPS trucks, ancl ,"-t"rtr,. - Thi;- wirr a1I occtlr on a one lane road. I believe that the Cotlnt-y must' take full responsibility for a clccieion regarcling Mr. JoneEr Goose creek subdivision' To apProve this subclivieion without ro"xing -at this more seriously attendant ii"[f*-i-ot """""" could be cleembtl irresponsible, and short-siqhted,toputltrni}dly.Ifanymembersofthis Comrnission havc not p"rsorritly c:lrserverl this road in it's entirety' r woul<t encourage ttrem to ,3o -so befPlg-enI jg9igj-oJ-i9--"aergg' Every man has a right to deveIQP his pr-operty. for its planned and aplrr.ved uses. eut "rJiy-ma! dies not have Lhe rlght to comprolnise th; [uaf ity of f tfe of the peopte wtro were ]rere ]-refore him,arr<lLoknowinglyproceedwitha',.seplatt'that.ieuntenable' anrl unworkabi;; ;;6-ir"esibly, itr thls instance, pot'entiaIIy dangerous to the peoirle of t-he City of Carbondale ' r, and my neighbors, would encouraqe the members of this commisslon to maXE a clecision t'hat wil-l be enlight'ened and pr(]st"*=ive, in dlrecting future deveLopmont in tho mally environmentall-y dellcate areas of this type in our area' Thank you for your interest and concern' (r'rs. ) PeroneIIe Robbins PR: cf il-_*"ff;il" FEB 12 1991 GARFIELD COUNTY Febrttary I I, t99I Cltr rf letcl (joun tY Plannlng & Zonl.ng Commlsslon To whom it mBY concertl: I,le, t-he Nieslanlk BrottrefE, strorrgly oPI)o$B rhe rlevelopment of 50 Rcres nrore. ot Lese of Ilrnd dlrec'tly easi of i" rairc-lrlng operaE'lon"'l'h'e roadway le unsurt*ble for *uch o dever,opurerrL. i,le worrl rl *rroirgry oppo*c! ttre grvlngl of land to wllen and l.mProve Ehe toad' Irr:lp,atlt>n of orrt Propcrty wotrl.1 hecome a reirl burtlen w1 th reltrcqElon of dlr.clresan<ldebrteb}ockl.ngupc.ulverf,s'etc. l)ogs becomc ir facttlr wlEh our c6ttle opposcrd Lo peoP1e wlto have Eheee itrtlmals' i**"lrra"Iy tf found chasi'ng c'attle' You who rcpresent Garf Je'Id CorrnLy stroultl rroL Iet ttrls tl'rlng ttaPl:trrrl irfter (;arf I eld Coun I-Y ' operaEton and we- r'rould be strongJ-y it,"** arrlmals wotrld be de'sEroyed on the Plarrlrlng fv Zorrln8 CornmLes{on all wc need to tceep ag,rlcttluttre in S j,ncereJ,y r Nteslanlk Brothers (t)tr /il*4-*&' 8,, l, Nl-eulantk BN/dh GARFIELD COUNTY PI,ANNING COMI'{ISSION AGENDA TIME: 7 :00 P.M. DATE: February 13, 1991 PLACE: Commissioners Hearing Room, 109 8th Street, Suite 30L, Glenwood Springs, CO 1) CaII to Order 2l RoIl CaII 3) Goose Creek Subdivision Preliminary PIan Applicant: Kent Jones, Priscilla Prohl and Vince Gulino 4) Adjournment t.. ' A b( M,r$ '.'P / \l\9rd IIIIIIIIIIIIIIIIIIIII III FIESOUFICL ENG!NEEFIING INC Mr. Andrew McGregor Garfield County Planning Department 109 Eight Street, Suite 303 Glenwood Springs, Colorado 81601 February 12, 1991 RE: Basalt Water Conservancy District Water Allotment Contract Kent Jones Dear Andrew: you have previously inquired as to the status of Mr. Kent Jones' water allotment contract with the Basalt Water Conservancy District. Please be advised that Mr. Jones does lrave an approved water allotment contract with the District for 1.3 acre feet of water per year. ihe water was acquired to augment the stream system from potential out of 'priority diversions associated with a four unit residential development located near Carbondale, Colorado. The water under contract is available for release from Ruedi Reservoir. ln calculating the amount of water required for the contract we assumed that the wastswater would be treated by individual E.T. type systems. These systems rely on evaporation and plant transpiration processes and are considered lOOo/o consumptive (i.e. no return flows reach the stream system). Therefore, the water allotment bontract is sufficient to cover the subdivision's total diversions for in-house purposes. Shoutd you have any questions concerning this matter, please do not hesitate to call me. Sincerely, RESOURCE ENGINEERING, INC. R. Scott Fifer Hydrologist RSF/mmm 033-10 bwcdl36 CC: Mr. Kent Jones Consulting Engineerrs and Hydrologistss BO2 Gnend Avenue. Suite 3OP r Glenwood Spnings, CO El1601 r [3O3] 9458777 I Ftx 9&1137 FEB 13 1991 I FebruarY L2, I99l Mr. Andrew Mccregor cjirrielcl County ilanning DePartment 109 Bth Street, Sutte 303 Cienwooa SPr i,h9s, Cotorado 8160l Dear Andrew: Tharrk you for your !iI" in explaining the various aspects of Ltre proposed Coose'Creek SuUaivisi,r., bo me. I am pleased that the city (carnonaaie Board of T;;;tees) passed a motion asking Gartierd county to prace "-piit r*itrlctlon on sewa9le rlisposal method' in thii area. As tir* closes L lanclowner to Carbondale' e weII fie.l-cts, I have l"art=d flret harrd how very easily this water c.1n hst.-oule polluted by gr"ri"g Iivestock, etc' I suggest that the nrost sLringent controls will be necegEary to protect the growing iffiu-#iiiffif.iiiono"ie, ""a. i cannot rrerp byt woncler howtd;".#;;;i; ;;lr--eni"i"" ii""""iui-,lisposal- and other forms of contami,nation t}rat inevltably resu}t.*r1"n humans and t.helr livestoclt move into an .t*I--'=,r"t, aa this' fhis wiII be a ma jor lreadache for carbond.rle, an<l probably fOr exisE'lng homeownerg ,,qtownsrream,,;i if,* suUai*rIiitrr. r invision the possibifity of f "t *"its and more state control' The other maJor problem' which has not been addressed' g.gag;' ino access" to itris Proposed deveropment ' is the ffiren ,Jack ,,TacObEOn ancl I bought 9uI Properties here', f ifteen ycars asor the exlstlng to*a *""-* dirt iraet that zigge<l an<l zaggecl to foriow -inci"fit fences, and irrigation ditches' and avoro boggy areas. -;; =pii"g, t""i-ni',""r drive wae mandatory. welI, franl<Iy, not muctt tas ctra"g;a' A llttle road base has been lald' ancl only smal.i,ui u"tieties of f ish live in the potholes Dowr but ;h; i""ir is, ano always has been' a messl Twofactorscontrihut.etotlreproblem.Thefirstistheproximity of a year-round stream wiictr Para}lels the rOad for most of its length. Tho stream-"r',"ut." that the ground under the road ls in a constant state of t"t"i absorption' After a raln ' oY cluri.g a spring melt, great- amounts of water slt uPoII the road t:ed, unabre to be absoibecl . ThIs waLer quickry washes away the roacl trase material and huge potholes are thus createrl' TheCityofCarbondale(punticWorks)triesvaliantlyto,l"lB rrs wittr occasional gradi.g,'lrtl-cgn a9 f iCtfe good aE there is no naterial- to work wi[n. Wtt"tl irrigation <litches run under the road ( in airrol-f r"lu"t, theie is a continuing pror)lem in the irrigating eeas-on ot overf low created by bloCkage front objects carelessly aliowed to errtei the ditches upstreamr oE from careless irrigati,rr:', pracE icee on Mr ' Jonest property' Mr. Andrew t'{cGregor rcbruarY L2, 1991 Page Two Thesecorrd,problemisthenarrowaspectoftheroad.one}anefor most of its l.ength. we eannoL "orrrrt-irre times when a-vffiiE16 has becornc stuck t ot tempoiolify-ai*:Pl:d' and we are ef fectivelv shuLln,oroutofourvari(lus.properties.Norcanwecountthe gimes wtten we l-rave harf to dive ior the Russian olive buehes to avoirl collisionl'-cof f isions <1o oceur ' and we loee our mirrors to busles a.ct trees, and our cir-UoOi.i are scratched and dinged' iurs agre quicklY down herel .'A3ooBi.ncreaseintrafficherewouldbelntol.erab]Le'and dangerous,orraridlculous'giventhecurrentstateoftheroad' Let me glve you a personal' Lrue example of.dangeroua' Eour years aqo a trienA anrl I ,;;;- i'iai"g in otr pa'ture= ' My f riend was thrown from hls horse ^"4 sustained a "everel'V fractured ft:nur. rt toi't tfr* 6iiUo.aife- imfulance one hour to arrive' J"rivua sor.i| uv !h; condttion of thls roadl rn a life.tlrreatetringsituationa-ae:.aylikethiscouldbefata}.Inanottrer instance, seven yeara ago' a grass fire raged out of 66nlrol on o,ri ranch. HLfp- ru"-igain-delayed by the rough condition "f -init-'io"a an<1- we almost lost our home' Suppose the chlorine tank at the Carbonclale well puillp station susLained a leak and evacuation became lreceBsary' Any vehlCle Ief t unattenilJ .r1r t,he roadway, . or t toitisionl could ef f ectively close of f our escape rout;: --if,f u pr:ot>abili ty exists now' of c.,ur'e, but would be gr"-iiy lTplified bv the additional nuutbers r:rf people irr'.r,-ioaitlonar s-ro-homes. it is obvioue that a two Iane road, or an aLternate access is mandatory' D,Ir.,Jonesprobabtyhaswonderfu].intentlonglandwouldliketoallay your "or,!*irr* (-a'<1 ;,r;;i about the road with a complicaeed scheme for homeowner agsegsment' -If a decent road were in existence, hom@owner *""""t**nt* for pe7iotiEfrEiltenance and repairwoula-ue"pp,op'iate.Att'hlspolnt,however,homeowner assessmentg would be conParable to Genoral Sclrwart'zkopf 's ',mogqrrito o.,"I"-ufupn";ti'-;;;t"gvi and do Iittle gootl to cure the probiem. Vlsualize the situatiorr' wlten and it tlris development 1s a1>provecl.F.irstttrerecomesasLreamofrealestatepeople,andthelr buyers, then Come the Eurveyors and the engineers' lfhen' come ttte contractorg, ""tpl"[uill' "r""tricialler we1I <Irillers' pl tttntrers , roc'K l$asons, rolf ers ' Iumber trucks ' inapectors ' landscap€f,s, erc.7 €tc.r ;;;.- oepending gPon how uu1111Y.:.1""* tots were =ota-i"a cleVeloped, we are looking at an excesslve votume of t;;fti" ouer th; next threlto ti-vg years'--Tf-tETE road is rotally inadequate for-tt" fefr-TamIfiEE-frfro reside here now' Mr. Andrew Mccregor February L2, 1991 Page Three how carl it be used for a volume of Eraf f lc such as this rlevelopment would generate? Afrer the selling and huilding.has settled down' each single farniJ-y dwerl.ing woul<1 g"""iul"-i iri"i*um of four tripe per day' As gue6t houeel coulrt ue " ["i*iti"a r?3, this could add another four tri-ps per clay minituT:. -ou'ltlpfy thls by-1 factor of f lve ancr we have a'-minimum of 40 trips iei day. Add_to thi.s meter l nspect-ors, "J"p6.rt* -repalr trlcks ' horse tra{ lers ' garbage rJisposa)., qr"=["'.,,a rriinJs ' o!,nerB of boardecl horses' UPS truc.tcs, anct "i-to.[n. --ft,i*-wiii all occrlr on a one lane road ' I believe that the cottnt-.y must take full resPonsibility for a clecision regarrling Mr . ,Jones-' Goose creek subdivision ' To aPprove this subclivieion without fo"f.iig,t khis more seriously attendant iiii[r"*-;f ";;;;" """ra ]re c1eem6t1 irresponsible, and short-sighted, to put 't rniitif,' rf an! members of this Comrnission have not p"rsor,"iiy'ofserveri this road ln its entirety' r would encourage ttrem t" a" 'oo bef9rg-qnl-ggslsjgLis rendered' Every man has a right to develgP his pr-operty" for its pJ'anned and approved uses. eut uuJiy-*"q dies noi t,ave Ltre rlght to compromise th; [uarity of rlte of the people who were trere before Irim, ancl to knowingly proceed with a u"u.pla', E,hat ie untenable, anrl unworkaSle, and possiUiy, in this-instance, pot'ential-Iy dangerous ro-it" puopf" of i-f,* City of Carbondale. T, and my neighhors, would encourage the members of thig commisslon to maxE a deeision t'lrat wili ne enlight'ened and' ;;;;;;;;ive, irr-arrecting furure deveJ.opment in the malry environmentally delicate areas of this type in our area' Thank you for your interest and concern' (Ms.) Peronelle Robbins PR: cf PI'BLIC NCITICB TAKE NOTI(:E that Kent Jones has applied to the Planning Commission, GarfJ.eld County, State of Colorado, tb grant a Preliminary PIan approval for Goose Creek in connection with the following described property situitted in the County of Garfield, State of Colorado; to-witc Legal Description: A parcel of land situated in Lots 3 and 4, Section 35- and Lo'b 6, Section 34, T7S, R88W consisting of 51.09 acres and a parcerl of land situated in tot 3, Section 35, T7S, R88W of the 5th P.U. cons-tstinq of .2 acres. Practical Description: The property is located approxirnately one half (L/2) milers northeast of downtown Carbondale off C.R. 100. Said Prellminary PIan is to allow the Petitioner to subdivide the folk>wing: A 51.29 acre tract into 5 single family lots on the above described property. AII persons affected by the proposed Subdivision are invited to appear and state theLr views, protests or obJections. If you cannot appear personally at such meeting, then you are urged to state your views by Ietter par:'ticularly if you have obJections to such Preliminary Plan as the Plahnlng Commission will give consideration to the comments of surroundirrg property owners and others affected in deciding whether to grant or cteny the request for Preliminary PIan. This Preliminary Plan application may be reviewed the office of the Planning Department locatea at Caffield County Courthouse, 109 8th Street, Suite 303, Glenwood $iprings, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monctay through Friday. That publJ-c hearing on the application for the above Preliminary Plan has been set for the 13th day of l{arch at the hour of 7:00 p.m. at the Garf.Leld County Courthouse, Suite 301, 109 8th Street, Glenwood Springs' Colorado. Planning DepartmentGarfield County GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL February 20, 1991 Kent Jottes P.O. Box L32 Carbond;r1e, CO 81623 RE: Gor:se Creek Subdivision Preliminary PIan Dear Keltt: The Goor;e Creek Preliminary PIan has been scheduled for a public hearing before the Plannin! Commission on March 13, 1991, dt 7:00 p.m. tthe hearing wiII be held in Suite 301, Garfield County Lourthotrse, 109 gttt Street, Glenwood Springs , CO ' It is recommerrd.ed that you or your rePresentative be in attendance' In order: to fulfilf ihe public notice requirements for the hearing, copies of the enclosed- public notice form need to be mailed by ce-rtifi,-'d return-receipt to all property owners adjacent to or within 200 ft. of your -property, no less than 15 days- prior t9-!h9 hearing. In additionr- tlie n6tice needs to be mailed certified returnlreceipt to owners of mineral rightsr or lessees of mineral owners ,>f reCord. of the land proposed for subdivision, no less than 15 days, but not more than 30 days, prior to the hearing.- Th9 receifts from these mailings need-to Ue presented at the time of the hLaring or submitted to the Planning Department-plior-to the heraring. ft" public notice has been submitted for publication one ti.me iir the Gienwood Post, 15 days, but not more than 30 daysr- prior to the hearing with the prooi of publication to be submitted to the planning Depirtment. lt is your responsibility -to verify the publicatiori of notice with the Glenwood Post in compliance with noticing requirements . The Subdivision site must also be posted with the enclosed notice pcrsters, in accordance with Section 4z2Lr Do later than 15 days !r:ior, but not more than 30 days prior to the hearing. If you have further questions or concerns regarding the public heaiing or public notice, please contact this office. Sincerely, .- hl.qt-' Arrdrew C. McGregor Planner' A(lMlrIb Enclosure 109 8l.H STRE ET, SUtrE 303 . g4582l2t625-557tt285-7972 . GLENWOOD SPRINGS, COLORADO 81601 t-) 2014 Grand Avenue Glenwood SPrings, 94+8515 Box 550 Colorado 81602 uEnnirrlb r;r:uNrY . Kent Jones P.O. Box 132 Carbondale, CO 81623 Date 2-25-9t DescriPtion 46 Llnes @ .43 Charges $ 19.78 Bal. Due. 8+Tra -<>-- Pt\ru \3-l -\ '14 " t* -fuf Legal # 22840 Proof of Publication Mailed T Andrew C. IulcGregor d"tfield CountY Reg' Office 109 8th Street, Glenw.oo.d.bPrl- - - lf f Accounts Due and Payable Monthly 01Bs, C0 8t PR(X)F OF PT'BLICATION GLENW(X)D PGiT STATE oF CoLoRADo, \ r.. COUNTY OF GARFIELD. ' N9 22840 ffi&I861H,ffi1ffiffiHHHffi illET::f.,,r FrDC.r, stt<fttier an h'tJISlT! o'r.cbd6-d P,.dilil fii-J-H31::'ll1i3t.relr-r.*,J*riilfti.r.;ffiffi:ffi,ffiflffi WrtSdtS0.q*r"d-8.,;L m riiii i*il;,#i1n' c*t*", bdu€.n i,tlFl - " a sB .- 'rn p''nr l'otd'r+uurgrr #flffiffiffidffi .i'. .funhg_D"eirt.r,r l*Fl -+".- a'Tl ; *"",ffi:* r- R08.E.8T....L.,.....K.8.E 9.K.L0.W...........'....... do solemnlv swear that I am ...................P.U8.1,.L.S.H.E-R............... of the GLENWOOD POST; that the sarne is a newsPaper printed, in whole or in part, and pulilished in the Countl' of 9arfield, State of Colo- rado and has a general circulation therein; that- said neursPaper has iriE" puUfitncd Eontinuouily and uninterruptedly in said eognty of Garfi6ta for a period of moie than fifty-trvo consecutive weeks next aiilor to the firlt publication of the anr1-e-xed iegal nolice or advertise-'neent; that said iewspaper has been admitted to the United States ;;ii; ;; ieiona-class' iratter under the provisicns cf the Act of March 3, 1879, or any amendments thereof . and that said newspaper ii i-""i".prplr duly qualified for publishing legal notices .qnd ad- ,".tiii*c,its within ihe meaning'of the larvs of the State of Colorado. That the annexed legal notice or advertiseme-nt was published-in ttre icguiar and entire-issue of every nunrber of said newspaper for the oeriod of .....1......... consecutive insertions; and that the first pub- iii,.tI.n of said, notice was in the issue of said newspaper dated P.e.9.r-.s.e. r v. ..-?.I..,...r.p.,the last publication of said notice was in the issue of said newspaper a.t"a ..8.-e-h..,....?.5'..'a'p', In witness whereof I have hereuuto set my hand this ?.:J.|.'.'.."" day of General Manager / Publisher Subscribed and sworn to ber'ore me, a notary public in and for the County of Garfield, State of Colorado. this ..........2.5.th..'.'....."""' day E.e.h.rs.e.r.v-........... A.D., Ie.....2.1.. Qrtr* 1 ti"&;aP ruELIO!ErEE h torg, of ..........................H.e.h.r..u.4r.v............4\D., 19.'....9-.1. ./ / ,af('EAL) ffiryl(W{,f;,r__ rliy commissbn'e<Piros )vvtl, l9f6., My Commission Expires 2014 Grand Ave., Glenwood Springs, CO. 81601 ..v.ffi.. GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL December 4, L990 Kent JonesP.O. Box L32 Carbondale, CO 81523 RE: Goose Creek Preliminary plan Dear Mr. Jones3 the Goose Creek preliminary hearing before the planninj p.m. The hearing will be PIan has been scheduled for a Commission on January 9, 199L,held in Suite 301, Garfield public at 7:00 CountyIt iscourthouse, L09 8th street, Grenwood springs, cororado.recommended that you or your designated representative(s)attendance.be in rn order to fulfill- the public notice requirements for the hearing,copies of the enclosed public notice form need to be mailed bicertified return_-receipt to a1t property owners adjacent to oiwithin 200 ft. o-f your property, no less Ehan 15 days-prior to thehearing. rn addition, the notice needs to be maifeO certifiedreturn-receipt to owners of mineral rightsr or lessees of mineralowners of record of the Iand proposed for subdivision, no less than15 days, but not more than 30 days, prior to the irearing. Thereceipts from these mailings need-to be presented at the iime of !h" hearing or submitted to the Planning Department prior to theHearing. The pubric notice must be puuriinea one -time in theGrenwood Post, -15 days, but not more than 30 days, prior to thehearing with the proof of publication to be suUmiltea to thePlanning Department. It is your responsibility to submit the legalnotice to the Glenwood Post- The Post requirels aII public notiIesto be submitted by 10:00 a.m., the day pr-ior to pubiication. The Subdivision site must also be posted with the enclosed noticeposter no later than 15 days prior, but not more than 30 days priorto the hearing. ff you have further questions or concerns regarding the publichearing or pubric notice, prease contact this dttice.- Sincerely, Andrew C. Planner ACM/rIb Enclosures -a42fTIvlcGregor 109 8TH STREET, SUIrE 303 . 94582t21625-55711285-7972 . GLENWOOD SPRINGS, COLORADO 81601 GABFIELD COUNTY PLANNING DEPARTMENT SIIBDIVISION REVIEI{ AGENCIES Andrew McGregor, Planner November L6, 1990 kr^ Goose Creek Subdivision Preliminary Plan TO: FROIT: DATE: RE: If you have any questions or concerncall or write to Andrew McGregor or ACM/rlb Enclosed is a copy of the Goose Creek Subdivision Preliminary Plansubmittal. Per the Garfield County Subdivision Regulations of 1984and C.R.S. 30-28-136, L977r ES amended, these documents areprovided to you for your review and comment. Based on the abovenoted C.R.S. Statute, your comments should be back to this officeno later than December 22, 1990, unless you want The County toconsider your non-response to be approval of the p1an. about this submittal, you may Mark Bean. 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL January 25, 199L Kent Jones P.O. Box L32 Carbondale, CO 8L623 RE: Goose Creek Subdivision PreLiminary PIan Dear Kent: The Goose Creek Preliminary PIan has been scheduled for a public hearing before the Planning Commission on February 13, 1991, dt 7:00 p.m. The hearing wiII be held in Suite 301-, Garfield CountyCourthouse, 109 8th Street, Glenwood Springs, CO. It is recommended that you or your representative be in attendance. In order to fu1fiII the public notice requirements for the hearing,copies of the enclosed public notice form need to be mailed bycertified return-receipt to al-l- property owners adjacent to orwithin 200 ft. of your propertyr no Iess than 15 days prior to thehearing. In addition, the notice needs to be mailed certifiedreturn-receipt to owners of mineral rights, or lessees of mineral owners of record of the land proposed for subdivision, no less than 15 days, but not more than 30 days, prior to the hearing. Thereceipts from these mailings need to be presented at the time ofthe hearing or submitted to the Planning Department prior to thehearing. The public notice has been submitted for publication onetime in the GLenwood Post, 15 days, but not more than 30 days,prior to the hearing with the proof of publication to be submittedto the Planning Department. It is your responsibility to verifythe publication of notice with the Glenwood Post in compliance withnoticing requirements . The Subdivision site must also be posted with the enclosed noticeposter no later than 15 days prior, but not more than 30 days priorto the hearing. If you have further questions or concerns regarding the publichearing or public notice, please contact this office. Sincerely, Andrew C. McGregor Planner ACM/rIb Enclosure 109 8TH STREET, SUTTE 303 . 94582121625-55711285-7972 . GLENWOOD SPRINGS, COLORADO 81601 PUBLIC NOITICE TAKE NOTICE that Kent Jones has applied to the Planning Commission,Garfield County, State of Colorado, to grant a Preliminary Plan approvalfor Goose Creek in connection with the following described propertysituated in the County of Garfield, State of Colorado; to-wit: Legal Description: A parcel of land situated in Lots 3 and 4, Section35 and Lot B, Section 34, T7S, R88W consisting of 51.09 acres and aparcel of land situated in Lot 3, Section 35, T7S, R88W of the 5th P.I{.consisting of .2 acres. Practical Description: The property is located approximately one half(L/2) miles northeast of downtown Carbondale off e-.n. 100. Said Preliminary Plan is to allowfollowing: A 51.29 acre tract intodescribed property. the Petitioner to subdivide the5 single family lots on the above AII persons affected by the proposed Subdivision are invited to appearand state their views, protests or objections. If you cannot appearpersonally at such meeting, then you are urged to state your views byIetter particularly if you have objections to such Preliminary Plan asthe Planning Commission will give consideration to the comments ofsurrounding property owners and others affected in deciding whether togrant or deny the request for Preliminary Plan. This Preliminary PIanapplication may be reviewed the office of the Planning DepaitmentIocated at Garfield County Courthouse, 109 8th Street, Suile 303,Grenwood springs, colorado, between the hours of 8:00 a.m. and 5:00p.m., Monday through Friday. That public hearing on the application for the above Preliminary Planhas been set for the 13th day of February at the hour of 7:00 p.m. atthe Garfield County Courthouse, Suite 301, 109 8th Street, GlenwoodSprings, Colorado. Planning DepartmentGarfield County f."lL-/ L' 1"1r. Andrew McGregor Garf ield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Goose Creek Subdivision Dear Andrew: We are in receipt of your letters discussion in your office we will P.O. Box 132 Carbondale, C0 81623 Jawary 24, 1991 of December 2l and January address each concern. 3.As per our 4.50 1. (B) A copy of the preliminary plan certified by a registered surveyor is attached. 2. (D) A11 mineral rights belong to owners of record. (Unless exception is shown on Title Page 14, which it does not). 3. (f) e copy of all property owners within 200' is attached. 4. (H) A11 easements known or proposed by us are named and shown Lo width on attached Preliminary P1at. (f,) Section 9.80, Section B will be provided for in deed restrictions or monetary payment will be made to the school district, Section C. (N) "Approximate street grades and road centerline radii of curvaLure data" shown or attached Preliminary Plat. (0) A11 easements are now shown on Preliminary Plat. A11 names, addresses and lega1 descriptions of easements are shown in Preliminary Plat booklet pages 5-10. 4.80 Please see attached report from our Engineer. Access to 1ot 5 is by the easement road. Constraints for building on said 1ot are deed restricted and plat noted per Army Corps of Engineerrs request, i.e. before any house is built they must be contacted on whether a permit for wetlands disturbance is needed. 4.91 1. (A1) A copy of Basalt Water Conservancy Contract was given to you at our last meeting and one was forwarded to I1r. l4cDanold Division of Water Resourses. 0n page 33 exhibit A in the Preliminary plan booklet is a copy of our well permit. 3. Enclosed with this information is a copy of the amended new per:rnit from the Division of Water Resources stating the right of holder to 3 in-house use only. (a) We will only use our well amendment as backup to the 4 lots that Basalt tr'Iater Conservancy has sold us an augumentation contract for. 5. 6. 7. 4.92 4.93 1. 1. (D) Soil percolation test data is on Page 17A of Certified Professional Engineers reports on Preliminary plan booklet. (t) Perc test holes shown on Professional Engineers reports included with this letter. (S) I'{aintenance of septic system addressed in deed restrictions page 37 of Preliminary Plan booklet. Utilities in place as shown on Preliminary Plat or available to buyer of lot, i.e. will water, augmentation, previously documented. Please see attached engineering report on road p1an.,) KJ/dh e1 Jones i.) 2.) 3. ) 4.) 5.) 6. ) 7.) 8. ) e.) ADJACENT LANDOWNERS CARMICHAEL, LISA P.0. BOx 445 CARBONDALE, COLORADO 81623 DUKE, WILLIA},I F. AND SHEILA O1B7 COUNTY ROAD lOO CARBoNDALE, C0L0RAD0 8t623 EUBANK, DALE 731 EAST DURANT AVENUE UNIT 7A ASPEN, C0L0RAD0 81611 JACOBSEN, JOHN I1. AND KAREN P.0. BOx 129 CARBONDALE, C0L0RAD0 8t623 NIESLANIK BROTHERS 0560 COUNTY ROAD 165 CARBONDALE, C0L0RAD0 81623 ROBBINS, PERONELLE P.O. BOX 932 CARBoNDALE, COLORAD0 8L623 TAYLOR, RAY AND CAROLYN O4B9 ROSE LANE CARBONDALE, CoLORADO 81623 TRUESDELL, LEONARD C. AND SHERRIE O1B9 COUNTY ROAD 1OO CARBoNDALE, C0L0RAD0 8t623 MORROW, RoBERT T. 240 MARY STREET HACKENSACK, NEW JERSEY 07601 (0469 ROSE LANE) FOLEY, CHARLES C. AND LELA P. P.0. BOX 72 CARBONDALE, COLORADO 8t623 10. ) Page 4 January 30, 1991 Andrew McGregor, Mark Bean Garfleld County Planning Department 1O9 8th Street, suite 3O3 GLenwood SPrings, CO 81601 RE: Proposed Dear Andrew Goose Creek Subdivision and Mark, Gary and I sent a ]etter dated November 3, 1989, a copy of which is enclosed, with regards to the Goose Um Creek proposal' Most of our concerns still apply, please refer back to this letter' We understand that this is a scaLed down vereion, but the subdivision still faces most of the same concerns and issues. These issues have not been adequately addressed. Mr. Jones suooests a maintenance agreement for the access road, this road neeas to be widened and upgraded with a proper gravel base before it can be maintained. As stated by ourselves ind all the neighbors, the access road is a narrow single lane farm road that has J dangerous entrance onto County Road 1OO. The road aLso has no maintenance agreement. This single Lane drive in itrs present conditlon can not withstand any increased usager *:r* If Garfield County is unable to resuire, ds a provision of this subdivision that the access be brought up to adeguate county road standards I strongly recommend the subdivision be turned down because it is not an apPropriate or safe area for further development.There is still the issue of potluting the ground water. As discussed at the Goose Um Creek meeting most neighbors lncluding a representative of the Clty of Carbondale stated that any further growth in this area jeopardizes the quality of existing wells as wel] as the backup system for the Clty of Carbondale. At the last meeting Carbondale requested a €Juarantee from the County that their wetl's supply woul.d not be contaminated. I have encLosed a more current article in reference to Carbondal'e's concerns. There are several. lssues that will be hard to regulate such as the issue of wetlands. As stated by the Corps of Engineere in there letter dated November 5, 1990, there are wetlands in each platted Lot. It would be extremely difficult to police these wetlands to make sure they are not harmed.please consider all of the expressed concerns as reasons to not permit this land to be subdivided. It is not in an appropriate location for further development. Thank you for your time. Sincerely, -- /t ft -_- )it. (q-,,'i, irtJ' enclosures Lisa Carmichael. GAHFIT.LU UIJUI\ r+ ;- Ja: - )' t:a - 'rr/ -=,=?'.- :?a:,aqF'l c:"all\'-:llcll :;-:.:lr:- :-::.. i-'=.'s.- .-:-- -., 39eg l: -..:.':. ,nt ,r <:- 's::-.-:.=5 ,:-.-:L l-:ltle lll-3 5,: - .., : -. -;,- :; .- ::- " t1 ., : ,-- ---. - .1 E i, -_ ^*L_ .-!-+--- i! - "-- "'*"-ll !' -t .=.:O - t:L..- - -1, - -fi- . -_ ._ l. (: r: DEC 21 ,98 L2ZE9 TOtlN EF CHREONDH.c EEE PE1IE3 Tr*m oi Carbcmeh .rm*"rsm TOWN OF CAEBONDALE FAX COVER SHEET FAX # 963-9140 TO:Name Comparry Fax # , qas-'t179 FROM:ttame -*---Ma-fk-Chain''----i---:.--; Dept/TitIe Tnr^r Total number of pagee includin$ eover sheet 3 -Remarks If you havi problems receiving this f ex, PIease cel-I 963-2733 ' I I 'i I DEC 21 '98 t2tt2 Ttllrjl.r uF CFREONDRLE zEt Pa7/43 ffihffi- TOWN OF CAR,BONDALE FAX COVER SHEET FAlt # s63-S140 TO: Mr. Andrew McGre-gor . ----. - Name. ,.. H companY ,Gatfi'el d CoU Fax*", -q4 FROFI:Name Dept/title,T+wn Pl anner Tota1 rrumber of pages including cover sheet _3-'--- Remarks If you havi brobl-ems receiving this fax'please call 963-2'133' TrO: FROI{: DATE: RE: GARFIELD COUNTY PLANN!NG DEPARTMENT ST'BDI\ruSION REVISW AGBNCIES Andrew McGregor, Planner ,trlr\ November 16, 1990 Goose Creek Subdivision Preliminary Plan ;iCN Enclosed is a copy of the Goose Creek Subdivision Preliminary PIansubmittal. Per the Garfield County Subdivision Regulations of 1984and C.R.S.30-28-L35, L977r ds amended, these documents areprovided to you for your review and comment. Based on the above noted C.R.S. Statute, your comments should be back to this officeno later than December 22, L990, unless you want The County toconsider your non-response to be approval of the plan. If you have any questions or concern about this submittal, you maycaII or write to Andrew McGregor or }lark Bean. ACM/rlb 109 8TH STREET, SUITE 303 945-8212 / 625-5571 GLENWOOD SPRINGS, COLORADO 81601 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL January 3, 1991 Kent Jones P.O. Box L32 Carbondale, CO 81623 RE: Goose Creek Preliminary PIan - Planning Commission Hearing Dear Mr. Jones: Due to deficiencies in your application, we will be unable to hold a public hearing before the P1-ahning Commission on January- 9, 11?1.fhlse deficiencies, outlined in my letter of December 2L, 1-9?9, need to be addressed prior to the conmencement of the public hearing. perhaps the f6remost issue is that cited in the enclosed Ietter from tha Office of the State Engineer and required in Section 4c91 of the Garfield County Subdivision Regulations. The rescheduling of the public hearing wiII require reqeat^i-ng thq public noti6e publicition notifying land owners within 2OO' and |osting of the- property. I witt -provide the public noticing inateriils when we-deiermine the completeness of the application and an acceptable date for the public hearing. I would be glad to meet with you to discuss these matters. Please ca1l and weLan schedule a meeling to avoid derailing your schedule any further. Sincerely, q t r.,t t tt:' l:" l$ I I,'I, h,. I I fiLt li ' ttI tt , I ,. ,'I L,r I(j 'i ,1 ttI f.l t a i"rii ft I 'L b I\' ,-2"*Lr,rfE% Andrew C. IttcGregor Planner ACI{/rlb xcs Vince Gu1ino : I 8TH STREET, SUtrE 303 . g4582t21625-55711285-7g72 . GLENWOOD SPRINGS' COLORADO 81601 GARFIELD COUNTY REGULATORY OFFICES AND PERSONNEL December 2L, 1990 Kent Jones P.O. Box L32 Carbondale, CO 8L623 RE: Goose Creek Preliminary PIan Dear Mr. Jones: We have received your preliminary plan application and have noted the following concerns or deficiencies. The citations listedbelow refer to the applicable section of the Subdivision Regulations. 4:50 PRELIMTNARY PLAN MAP B. A copy of the preliminary plan certified by a registered surveyor was not included in the application. No reference was made to owners or Iesees of mineralrights. AII property owners within 200 feet were not included onyour list. I counted 10 parcels. This is imperative due to the public notice requirements. This must be accomplished 15 pays prior to the hearing. No easements, except the existing road easement, are accurately shown on the plan map. No other easements are being proposed? No corrmon open space is shown on the plan. Seerequirement in Section 9:80. "Approximate street grades and road centerline radii ofcurvature data" are not shown. "Any existing easements, along with name(s) and addressesof the entity having an easement and lega1 description of those easements. " The applicable easements need to be shown on the plan map. D. H. L. N. o. 109 8TH STREET, SUIrE 303 . 94582t21625-557L1285-7972 . GLENWOOD SPRINGS, COLORADO 81601 F t 4:80 SUPPLEMENTAL INI'ORMATION: DRAINAGE PI-,AN No computation of expected tributary flows shown in drainage information. No "Design of drainage facilities to prevent storm waterin excess of historic run-off from entering, damaging or being carried by existing facilities...." are shown. f-) Areas subject to inundation. 2) Location and size of proposed culverts, bridges,ditches and channels. Are there no drainage structures proposed? What about access to lot #5 through 100 year flood plain? Ditch _ 1os s ings ? 4:91 WATER SUPPLY PLAIiI A.1_.right of acquisition is unclear.the Basalt Water Conse:nrancyavailability of water. AIso,well permit. 3. There is no evidence from Division of Water Resourcesregarding the "amenability of existing rights to changein user" i.e., the change from one (1) domestic to three(3) in-house wells 4292 SA}IITARY SEWAGE DISPOSAL PLAN c. D. D. Evidence of ownership orThere is nothing fromDistrict regarding thethere is no copy of your There is no specific evidence of soil percolation testsincluded in the application. f-) Perc test hole are not located on the plat. 2l Test results need to be performed and certified bya professional engineer. No maintenance plan for on-site systems in included. utility or road plans are included. E. 4:93 - No These deficiencies in your application need to be resolvedrym9{iatglY: without this informal-ion it will be impossible forstaff to make -any kind of favorabre endorsement of y6ur project.rn-addition, without adequate public notice ""O "aj".6nt lalna -rrp to .200 .feet) land owner n-otiti6ation between 15 ind 30'days;- ;;hearings can be held. I s=uggest you contact me at your earliest convenience todiscuss these isiues Sincerely,%fr42r.-, Andrew C. McGregorPlanner ACM/rlb Forrt3 No. GWS-25 OFFICE OF T' STATE ENGINEER COLORADO Dr,,slON OF WATER RESOURCES 810 C.ntonnlat 8Hg., 13t3 Shstqun St. tlonttr. Colorado 0()203 (3O3) 886-3s0r OWNEH'S COPY APPLICANT KENT JONES BOX J.32 CARBONDALE, CO 8L623 CHANGE/E(PANSION OF USE EXST WEII. PERMIT NUMBER 15884C DIV.5 CNTY. 23 WD 38 DES. BAS]N - MD - APPROVED WELL LOCANON COUNTY.GARFTF:T,D sw U4 }{If 1/4 Section 3s TwpT--9-, RangeS,R w s P.M. DISTANCES FROM SECTION LINES 16L-I Ft. lrom North SeAion Line r oo Ft. from t{oct Sec{ion Une ISSUANCE OF THIS PERM]T DOES NOT CONFER A WATER RIGHT @NDITIOT.IS OF APPROVAL This wel! shall be used in such a way as to cause no m*erial lnjury to existing wder rigirts. The issuance of the permit does not assure the applicant thd no lnjury will (rctur to another vested water right or preclude another owner of a vested water right from seeking reli€,f ln a c-ivil court action. Approvedforexpandeduseof thewellconstructedunderpermit15436l andpursuanttooRsST-92€02(3)(bX0(A) as the only well on a tract of land d 51 acres described as thd ponbn d the E 1P,d sle NE U4 d sec. 34 and the W 112 ot the NW 1/4 sec. 35, Twp. 7 S., Rng. 88 W. d ths 6th P.M., Garlield County, belng more particularly described on the attached exhibft'N. lssuance d this p€rmit cancels permit 154861. The use of ground water trom thls well ls llmlted to firs protectlon, ordinary household purposss lnslde 3 single lamily drrellings, the lrrigation of not more than one (1) acre of home gardens and larrvns and the watering of domestic animals. The return flow from the use of this well must be through an lndividual was{e wder dlsposal system ol the non-evaporative typ€ where the water is retumed to the same stream system ln which the well ls located. The maximum pumping rate shall not exceed 15 GPM. This well shall be constructed not more than 20O feet from ths locafion specified on thls permit 72,m-//-22-?o ?ROVED: tl A. lw;J.., ]t0v.r.0318535 DATE ISSUED t990 EXPIHATION DA Mr. Andrew McGregor Garfield County Planni-ng Department 109 8th St., Suite 303 Glenwood Springs, CO 81601 Dear Mr. McGregor, we would like to address your additional engineering concerns in regards to the Goose Creek Preliminary Plan. Zogiopoulos ond Associotes, lnc. Engt ne ering C onsultants 1011 42ND STREET . EVANS, COLORAOO 80620 ' PHONE 352-6000 L/2L/9L The "approximate'r road grade is +/- L%, the is 335' , the length is 238,26' and the tangentcenterLine radiiis L24.42' . Section 4.80 C. The@twilrsite leveIs. Please Computation. of 4 resj-dential lots averaging run-off in excess of historic A for Improvement Ratio developmentnot create see Exhibit Section 4.80 D. The existing place for at least 100 Yearsthis development. 1. ) Areas subjectExhibit B and drainage facilities have been in and are quite adequate to Protect to on inundation are shown on sj-te inventory map preliminary plat map. Z.) A11 exlsting culverts are adequate. There will be one small ditch culverted by an L8" culvert extending 3 ' beyond the driving surface on each side of the road. See Exhibit B for location. PercoLation test hole locations are shown on B. Sectj.on 4.93 P]ease see attached Exhiblt C, road cross section and roaa specifications to be used. ASSOCTATES, rNC. Section attached \r> i. ):lR.'ZOYrOltr .-'. i. \."4i.-rn*o,-\.''f ;;:-= fmprovement Ratlo Example rhe approximate percolation_ rate of 45? per sguare foot can beapplied to the-m3:oriiy-"i-1r"o-*"-trrl'Goo"" creek subdivision.rhe remainj_ns 5s%-i;-;i":;ri.--- --' e"s ,i The proposed improvemertl'of^._ 1,920.:quare foot resid,ence anddriveway to an averag'e loi siEe of ro -acres wi-r-r produce thefollowing: J- :,;,,.., . r, . Zogiopoulot ond Associolcs, tnc. df_l-u*g improvements will producetrlercolation rate2') A 10 acie lot.esuals 4,:,ggg sguilg feer of surfacearea with a rris[oiic iun*ort ;f-5;{.. subrracring the4'000 ssuare reet-oi ;diied ;;.;;;" 3rea rrom a3s,ooowourd leave 431,e,0,0.;, -$!giiriil-;;, .ss? the historicrun-of f area equals zzi)lao-"-iiI.I'reet. we thenmuttiply the 4,-000 "eu"i" i";i-;"i*oro.r.menrs by .95%run-of f created. rn6 i6s"r.I-ii"iliart. 3,800 =euii. feerof affected grouna-;ercoaati"il--iiiidins s, edo_=quarefeer bv zgz,58o "euli.,f;.[-;1\r.""i" an improvemenrIi.llrirr;:: p.r..r,[-de"re"=" in trre percoration rate L. ) Thg_4,000 square feeta y5% run-off and a 58 We could not desj_gn anyto_deaI wirh rhis-"*.iioff. additional drainage facilitiesa chanse in the r,i"t"iiE-;;"_ 3.) Exhibit A H TYPICAL COI'NTY ROAD SECTION 30r R.o.vr. TYPICAL FILL SECTION TYPTCAI, CUT SECTION 15rPe A = AsPhalt chiP & seal Surfacing B = Base Depth Determined By Soil Analysis C = Sr:bbase Depth Determined By Soil Analysis TYPICAI COUNTY ROAD SECTION 17: c WITH ON ST R.O.W. Typical Cut Section [= le l'e Asphalt Chip. e Seal Surfacing Base Course Depth Deterrnined. By Subbase Course Depth Determined EXHIBIT C SoiIs Rnalysis By Soils Analysis,. 5 A [pical FilI Section A:I t. GItIiF I t t.D COUNTY R()AD SPi'C I t'l CAi I a Rt Gt tI -0t-l{lY A. Ihe rlght-of.xry wli.l[h shell bc d nrlnlniuri of 60 fcet. B. Iho rlght-of-rvly for thc constructloll of a rodd or brldre firust exlst bcforrr acceptance of the road lnto the county systcnr. C. Depaltures irmr thc 60 foot rlght-of-Hly Hldth rcqulrenEnt may be autho|lzed by the County Road Supervlsor wlth the approvrl of thc Bodti of County Connrl ss loners. ROAO COHSTRUCTIOI{ A. Subbase rnd bnse coursc deptns wlll bo based upon a cartlfled solls analysls subnrltted by the proJect doveloper. fhc depths must riEct or exceed the follotring standards. B, The subbase courso shill conslst of plt run gravel or mlchlne crusheJ aggregate, conforrnlng to thc follrrvlng dopth requircnents: Corpdcted deFth of pit run gravcl shall be r ilini0rum of 9 lnchcs Nith the largest stone bolng 2/3 of the subbase dcpth, 1.e,, 6'stonc / 9'depth rnd 8' stoue / 12- depth. Thc presencc of ndtive grdvel ln the subgrade nray be reason to dalete tire subbase frorl the road section, providcd the natlve soil ls s'.able. The declslon as to the deletion of the .subbJse rests xlth the County Road Supervisor. ln case of disagleonEnt, the project developcr nay submit a certificd soils analysis to declde the lssue. C. The base course shall be a crushed gravol aggregate Eateriai placod to a conpacted mininJm dcpth of 3 lnches, upon the subbase. The denslty of the base course shall be 955 Proctor Density (MSHO T18074). l{her€ no surface course is required, the base course shall be construed to be tlp surface course. D. The surface course shall be a mlnlmun of asphalt chip seal rat v.rlth nlninum 3/4'aggregate material, meeting Colorado State Highuay specifications for rnterial and construction r.rethods. I I I. UTILITIES A. Ihe utllities that are to be burled vithin the roadbed proper, 1.e.,20' elther slde of template centerline, shall be placed at such time and by such rpthods so as to not disturb the paved surface of the roadway. B. 0verhead utlllty servlce shall be clear of vehicular traffic and as near the rlght-of-Hay line as posslble. C, All xater and sewer'line cmsslngs shall have a ninlrnum of 5 foot of cover above the top of tie pipe. D. All burled utlllties whlch lntersect a culvert shall be placed a nlnlnum of 1.0 foot belorr the culvert. IY. RO'J},{AY DESIGI{ CRITERIA ..,A. Haxlmum centerllne road grade shall not exceed 8.0 pcrcent. B. llinlmum roadbeC w{dth shall be 26 feet and constructed rs per attached typical sectlons. ' C. Slopes for cuts and fllls shall not be less than 1.5 to 1.0 except ln rock cuts vhlch shall be appmved by the County Road Supervisor D. No dead end roads wlll be accepted unless a cul-de-sac or turnaround ylth a minlnum of 45.00 foot radius curve ls provlded. E. The mlnlmum radius for a cunye sha'll be 150.00 feet. F. All road lnt€rsections sha'll {ntersect at ! 9Oo ang'le and provlde for adequate slght distance. Y. PROJECT PLNIS A. Corplete proJect plans shall be submltted to the CountJ Road Supervisor for approval prior to conmencement of construction. B, ProJect.plan and profile sheets shall be scaled: Plan view l" = 100'; Profile I'.100'; l'= l0r vertlcali or larger. C. All dralnage and lrrlgatlon structures shall be shovrn on the plan and profile sheets, reflecting the flor ilne elevatlon at center'line of road, the c.f.s. capaclty,type of structure materla1,the dlrection of flow and the slze of the area being dralned by drainage structures. D. Exlstlr,g utilitles shalI be sho{n on the plan sheets, YI. DMINAGE STRUCIURES A. .r.ll lrr{gation and dralnage structures shall be ln place before the rcceptance of the road lnto the county systcm' B. Standard corrugated rctal pipe or concrete pipe of sufficlent 1cngth to span the entlre roadbed (plus such addltlonal vldth as may be necessary by constructlon standards) ls requlred, The m{nlmum pipe diameter shall be 18" mlnlmurn vlth a mlnimum of lg" of cover. The dlaneter of tie p{pe and the lnstallation thereof, must be rpproved by the County Road Supervlsor or Eoard of County Connlssloners. C. tf surface lrrlgation ls used for Iavns, fie'tds, etc., the dralnage from this lrrlgatlon must be provldcd so that the head ditches and draln dltches Hlll not be on the road rlght-of-way and drainage Hater rlll riot flol{ {nto the roadxay. Departuresfrornthc.bovcstandardsmoybeauthorlzcdbytheCountyRoadSupervlsorHlthtleapprovaloftheBoardofcountyCormlsslcncrs.The county, !t lts dlgcrctlon, shall not 6ccept r road for malntcnance untll the develcpnrent or ychlcular usage of that road ls sufflclent to larrant county nalntenance. IHE AEO1/E STAilOARD POAD SPCCIFICATIONS TOR ROAO DESIGII AIID CCIISIRUCTIOTI IITVT BTTII OFFICIALLY Aflo E!{ACTE0 IutS 24TH DAY 0F APRIL. 1978, 0Y lt. IHI BOARD OF COUNIY COI,iI.IISSIONERS, GARFIELD COUiITY, COLOIIADO. |/; a I'-ai \' , i.' t- i [ \,,\ . eARFTELD couNTY REGULATORY OFFICES AND PERSONNEL December 21, 1990 Kent Jones P.O. Box L32 Carbondale, CO 8L623 RE: Goose Creek Preliminary Plan Dear l,lr. Jones : We have received your prelirninary plan noted the following concerns or deflciencies.below refer to the applicable section Regulations. ,,; 4:50 PRELIMINARY PLAN IIIAP application and have The citations listedof the Subdivision A copy of the preliminary plan certified by a regi-stered surveyor was not included in the application. No reference was made to owners .or lesees of mineral rights . 2e ill* r"7or* /.1. t t/- AII property owners within 200 feet were not lncluded on your fist. I counted 10 parcels. This is imperative due Lo the public notice requirements. This must be accomplished 15 pays prior to the hearing. No easements, except the existing road easement, are accurately shown on the plan maP. No other easements are being proposed? No common open 6pace is sbpqn gn , the- . Plan. - See requirement in Secfion 9 z8O. fu14.^rL',{4+;Js**7yt'F"w 5 "Approximate street grades and road centerline radii of curvature data" are not shown uAny existing easements, along with n.rme(s) and addressesof the entity having an easement and legal description of those easements." The applicable easements.need to be 'showrr on the plan map. B. D. F. H. L. N. o. lo9 8TH STREET, SUTTE 303 . 9458212 t625-55711285-7972 . GLENWOOD SPRINGS, COLORADO 81601 \"/ 4 g 80 SUPPI,EI.{ENTAI, INFORUATION: DBAINAGE PI^A}I No computation of expected tributary flowg shown in drainage information. No "Design of drainage facilities to prevent storm waterin excess of historLc run-off from entering, danaging or being carried by existing facilities...." are shown. 1) Areas subJect to inundation. 2l Location and slze of proposed culverts, bridges, ditches and channels. Are there no drainage structures proposedl--What about access to lot #5 thrpuqh 100 .year flood plaln? Ditchcrossings? Cula( ob,- J{ H[, qp ;,.,, -.. " 4:91 WATER SUPPLY PI,AIT A.l.Evldence of ownership or right of acquisition is unclear.There is nothing from the Basalt [f,ater ConsenrancyDistrict regarding the availability of water. AIBo,there is no copy of your weII permit lfhere is no evidence from Division of l{ater Regources regarding the "amenability of existing rlghts to changein user" 1.e., the change from one (1) domestLc to three(3) in-house wells. 4292 SAIIITARY SEWAGE DISPOSAI. PIJAI{ There is no speciflc evidence of soil percolation tests Lncluded in the application. 1) Perc test hole are not located on the pIat. 2l Test results need to be performed and certifled by : a professional englneer, No maintenance plan for on-site systems in included. No utility or road plans are included. c. D. 3. D. E. 4r93 TAKE NOTICE thatGarfield County,for Goose Creek PI'BLIC NOTICE Kent Jones has applied to the planning Commission,State of Colorado, to grant a preliminary plan approvalin connection with the following desciibed piopertysituated in the County of Garfield, State of Colorado; to-wit: !99"f Descri-ption: A parcel of land situated in Lots 3 and 4, Section35 an_d Lot 8r_ Section 34, T7S, R88w consisting of 51.09 acres and aparcel of land situated in Lot 3, Section 35, T7S, R88W of the 5th p.M.consisting of .2 acres. Practical Description: The property is located approximately one half(L/2) miles northeast of aovmtown clrbondare off L-.n. 100. Said Preliminary Plan is to allow the petitioner to subdivide thefollowing: A 51.29 acre tract into 5 single family lots on the abovedescribed property. All persons af.fected by the proposed Subdivision are invited to appearand state their views,anct sEate t,heir views, protests or objections. rf you cannot appearpersonally ?t ruch meeting, then you are urged to stite your vieiv3 byyou are urged to state your views byIgttel particularly if you have o5jections to such preliminary plan asthe Planning Commission will give consideration to the coriments ofsurrounding property owners and others affected in deciding whether togral! or-deny the- request for Preliminary PIan. This preliminary planapplication may be reviewed the offic6 of the planning oepaitmentIocated at Garfield County Courthouse, L09 8th Street, Suite 303,Grenwood springs, cororadol between the hours of g:00 a.m. and 5:00p.m., Monday through Friday. That public hearing on the application for the above preliminary planhas been set for the 9th day of January at the hour of Z:00 p.m. it tneGarfield County Courthouse, Suite 30L, tO9 8th Street, Glenwobd Springs,Colorado. Planning DepartmentGarfield County \fl \o4' : : llhese defLciencies in your application need to be resolvedLmmediatelY: I{ithout this informa-tion it will be imposslble forstaff to make -any kind of favorable endorsement of y6ur proJect.In^addltion, wlthout adequate. public notice and adJac6nt laina irp to ?00 feet) rand oh,ner notification between 15 ind 30'daysr- nohearlngs can be held. discuss these isEues. -,; Sincerely, Andrew C. McGregor ACM/rlb :.... . :" i' l TO: FROM: RE: DATE: STATUS OF GOOSE CREEK SUBDIVISION CONSIDERATION -PI,ANNING COMMISSION }Tay 2, 1991 MEIt{O AIIDREW UCGREGOR, PIJAI{NER DON K. DEFORD, COUNTY ATTORNEY F{D\T/ either to our meeting or myyour earliest convenience. Pursuant to our discussions of Apri-I 30, 1991 with Gerry Hartert,attorney for the developer, and Dan Kerst, attorney for theobjectors, r have the forlowing comments. rn sum, r informedcounsel for both sides of the proposed subdivision that in orderto move Planning Commission consideration to the recomnendationstage, I would reconunend as follows in regard to the questionableroad. It is my recorrunendation that the Planning Connrission recormend tothe Board of County Commissioners that they condition approval ofthe preliminary plat upon presentation to Lhe Board of l-verifiedcourt order declaring the extent and nature of the questioned road.I belj-eve such a condition may be attached pursulnt to Sections !r??; !? 13 (") , 4:_33 (Jc) , 4:33 (d) and 9:30 of the Garf ield CountySubdivision Regulations. Further, that the Board conditioitapproval of the preliminary plat upon that verified court orderstating that the questioned road is either public in nature orprivate in nature but permitting an additional burden of trafficadeguate to accept the anticipated increase of traffic from thissubdivision. rf said court order finds the road to be public, ottt]is juncture, no improvements may be required as part ot- the finalplat.--If.the_ court finds that the road-is privatle but acceptablefor additional burdens of traffic, the road must be improved to theinternar standards of the subdivision. Both of the formerpositions concerning -improvement of roads are contingent upon theCounty's failule t^o a-dopt standards for external improvementl priorto the approval of the preliminary plat. If you have any questions in regardrecoflunendation, please contact me at DKD:mls ST{|E OFCOLOIUDO COI.ORADO DEPARTMENT OF HEATTH 421 0 East 1 'l th Avenue Denver, Colorado 8O2ZO-}7 1 6 Phone (303) 320-8333 Telefax: l.3031 322-9076 (Main Burldi nglDenver) (301) 120-1 529 (Ptarmigan Place./Denver) (3011 248-7198 (Crand Juncrion Regional Office) Jarruary 4, 1991 l,lr. Davis Famar, Ivlanager, Town of Carbondale 76 South Second Street Carbondale, Colorado 81623 Roy Romer Covernor Thomas M. Vernon. Executive Director JAN COUNTY RE: Wellhead Protection proposal for the Town of Carbondale's r.rater supply Dear l\lr. Farrrar: Tttis is written as a followup to the telephone conversations I had with you and with DCr. [4ark Chain last week regarding the possible threat to Carbondale's drinking water wells posd by the development of the Goose IJm Creek subdivision in unincorporatd Garfield Cor-rrty. It is my understarding from our conversation, that the developers are proposing to install mounded ISDS (individual ser"'age disposal systems) or septic systems for each of the homes to be constructed in the subdivision. Ttre mounded systems have been selected as an alternative to conventional ISDS treatment because the water table in the area is Ltnusually high, and the proposed subdivision is upstream of the Tor.'n of Carbondale's subsr:rfa.ce drinking water supply. Combined, these factors have the potential of polluting the town's drinking water wells. I should mention that I have also read the reviews and recorunendations on the proposed subdivision prepared by the division's district engineers, Mr. Bowman ard Mr. Irlatson. Both nrahe the point that the use of an aquifer for r^rastevsater disposal in close proxfunity to an est^ablished drinking water source is not a desirable situation, anci recommenci. ttrat, the sublivisicn oeriously consider connecting to the Carbondale Sanitation District for water and wa-stewater services. Quite frankly, this makes a lot of sense, but as you pointed out, would likely open up the area in question for more intensive develolment. I gathered that such an outcome is not desirable to the Town of Carbondale, and contradicts the rnaster plan adopted for the town. In evaluating other options, I suggested that the town miEht rsant to investigate the possibility of applying some of the management approaches developed for the wellhead protection program as a compromise. You will recal-l that we discussed Town support of or neutrality on the proposed mor-srded systems provided that the developer was willing to inst-a1l monitoring wells between the leachfields and the Town's wellfield, and to ensure, thror:gh legally binding covenants or some oLher device, that the systems w-ould be properly installed and maintained in accordance with appropriate county ISDS regulations, and the manufacturer's recomrnendations. There are other nanagement approaches that might be considered - these are just suggestionsfor you to consider. HTILLU 94ffi hffinJNWI Town of Carbondale Page 2 For your reference, I am enclosing a copy of an PA docr-unent entitled "Wellhead Protection Programs: Tools for Local Governments" that describes a variety of approaches that conrnumities might consider to protect their subsurface drinking water sources. I trust the proposal we discussed, and those found in the booklet will foster some constructive dialogue between the Town and ttre Cou:ty regarding the most advisable approach to handling raater and r*astewater service for the proposed subdivision. I confess that I do not have a technical background, and therefore arn not in a position to make any specific recomnendations. If, after reviewing the enclosed nraterial, you would like to discuss any of the approaches fi:rther, or would like to consider pursuing a wellhead protection pilot project for the town, please contact me; I can be reached at 331-4573. T look fon*ard to hearing from you, and sincerely hope that the tor"'rn and the county, working together, will find a very safe and suitable solution to protecting your drinking water source, and managing developrnent of the area. Sincerely, I{athleen Reilly, Administrator Wel-Ihead Protection Program ItIATm QUALITY CONTROL DMSION Enclosure xc: }dayor William Gray ltark Chain, Tor+n of Carbondale Dick Bowrnan, WQCD, Grand Junction Dvain Watson, I'JQCD, Grand Jr-rnction ,/l,l^rX Bean, Garfield County , {i$nr:dls]{:i',/n /^'o^. , /lu.{*iu-f-- // /,1 i, |'' '/ -iF'.'rfiOY ROMER'{ Ciovernor P" ?oiten JERIS A. DANIELSON Stale Engineer cEoF;KEENGTNEER I[,) DrvrsroN oF wArER RESoURCES llii"",:ff:lHiJl:::?Ufr"' ' . (303) 866-3581 J,,{4",1 ,', ?4? ,:{J*,:r."t^\*' December 27, reeo -rq#i 11 ,. r-. *t;',.;,.; McGregor ';.;; t.^ *-/'f' Re: Goose Creek Subdiv'ision PreI iminary pl an SWI/4 N!lI/4, Section 35, T7S, RBBt,l ,,\ Dear Mr. McGresor | ((ly^ (ur#1,, lr tI -l ' llle have reviewed the above referenced propos{l to dividL st acres jntofive parcels. There is arl existing house aird i.rell on the proposed Lot I(Permi! No. 158846)._ This well is-permitted as the only wLll'on the 5l acresfor.ordinary_household purposes insids 3 single-fanrilv itweil ingi, theirrigation of not more than one acre of home-lawn and"garden, ;nd t.lie wateringof domestjc animals. The applicant proposes to cancel this fernrit to obtainthree household-use-only perinits for'thi^ee of the lots and obtain WaterAIIotment Contracts from tlre Basalt Water Conservancy District to replaceout-of-priority depletions from the remaining tlvo weiIs. .{1-';pt1o*', n"'i'r{)t1 Mr. Andrew Mc (.&,rt""t A" I u.{_-F tr,/ , ',/i! Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, C0 81601 We cannot recommend lpproval of this proposal until Tl,lO separ:tte WaterAllotment Contracts have bbbn obtained and'submitted to tfris office forretriel. lrle t'rould Iike sepa'r'ate contracts for each of the Ioti whir:h wiIIrequire a wel'l_permit. under the Basalt tlater Conservancy District,s subsLitute I1l:I supply plan.. T,he District's augmentation plan is still pending in WaierLK"AL*L(J, V +5 -illell permits are issued hy this office for the constructjon of newas.alternate points of diversjon for water rights owned by the Districtsubject to a valid and continuing contract be[ween the us-er of ine wettthe Dlstrict. AII use of l-he weil will be curtailed unless the Wat.erAllotment contract or a plan for augmentation is in effect. 'V. o.tat-ngI,es-,or*covenant.s shouldIot 0UrChEders of these oblioations Court. r^tel I s and be required to inform the two potentialpflrif3ger$ of lhesq obt'isations. tle rieed [o inow *ni.r'' ir;'iol;-;;;'ia unfssued rybl:l permiti under t.hi Basalt }latei Alloiment Contracts. 0nce we havereviewed the information requested concerning these two proposed lrrts, we wiil ..1,.c.,.{1' dr. Mr. Andrew McGregor December 27, 1990 be able to describe the procedure by valid well permits. l.le ask that the abeyance until we have received the addi t;i onal comments. Page 2 which the other three lots may obtain county hold this preliminary p'lan in information requested and have formulated Sincerely, 1/,*rfi"G,.'l- JJames C.' McDanoId, P.E. ' Senior Water Resources Engineer JCM/cl f:4837I cc: 0rlyn Bell, Division Engineer Bruce DeBrine r'leu.lrtot)o" 0r(. 'l'/{- s66s YGL- ,3s8'f {o, /'i:f"fr{ot,-',., (i. *rrr,]*t 111,Gil,f f"-'t .'' c A --.{ti*tr*'' Form No. GWS-25 OFFICE OF THE . \TE ENGINEER COLORADO DIVIS I OF WATER RESOURCES 818 C€ntennial Bldg., 13f3 Sherman St' D€nv€r. Colorado EOaXl (3O3) &te3581 APPLTCANT W KENT JONES T KEVIN L PATRTCK PC 205 S MILL ST STE 3OO ASPEN, CO 8L611 303/920-1028 PERMT TO CONSTRUCT A WELL LIC COUNTY l?APT'TET.D -iII- 17a Nw Ua Section ?q Twp-7S ,Range88w 6thP'M' 82O. Ft. lrom North SeAion Line 77O Ft. from Wcc,t Section Line WELL PERMr NUMBER 041.?-92 - I -_ DM.' 5 cNw. 23 wo 38 DES. BAsIN - MD - Lot:5 Block Filing:SuMiv: GOOSE CREEK APPROVED WELL LOCAT1ON 2l 3) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS 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 tnat 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. The construction of this well shall be in compliance with the Water Well Construction and Pump lnstallation 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 lnstallation Contractors in accordance with Rule 17. Approved pursuant to CRS 97-90-132(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basatt Conduit on the condition that the wellshall be operat;d onlv when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, anJ shall not be used outside the house for any purpose. All use of this wellwill be curtailed unless the water allotment contract or a plan for augmentation is in etfect. The ma<imum pumping rate shall not exceed 15 GPM. The average annuat amount of ground water to be appropriated shall not exceed 0.325 acre-foot (105,918 gallons). A totalizing flow meter must be installed on this welt and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. The well must be constructed not more than 2oo feet from the locatiorr specified on this permit, being on lot 5, Goose Creek Subdivision, Garfield County. The owner shall mark the well in a conspicuous place with well permh number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to Preserve these 4) 5) 6) n 8) s) '"t*'nntlD G-g-1l TOPY0V-uhiiliE'$ (Acting) J UNDATE ISSUED \1o 1992 |"r,*or,o* oor= OFFICE OF THE \TE ENGINEER COLORADO DlVl ,.1 OF WATER RESOURCES 8tB C€ntonnid 8ldg., 1313 Shetman St, Oenver. Colorado 8&203 (3O3) Eo&3r'{11 W KENT 205 S ASPEN, 303/920-1O28 PEHMI TO CONSTHUCT A WELL JONES Z KEVTN L PATRICK PC MILL ST STE 3OO co 8L6l_t- LIC WEII PERMTT NUMBER 041293 DM. 5 oNTY. 23 wcl 38 DES. BASIN - MD -lot: 4 Block: Filing:Subdiv: GOOSE CREEK@ COUNTY GARFTELD - SW 1/4 Nw 1/4 Section ?q Twp 7 s, Range RR w -6thP.M. DISTANCES FROM SECTION LINES 2OOO Ft. from North Sedion Line i(;q Ft. from Wpst Sedion Line 1) ISSUANCE OF THIS PERMIT OOES NOT CONFER A WATER RIGHT CONDMONS 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 seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well rlonstruction and Pump lnstallation 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 lnstallation Contractors in accordance with Flule 17. Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an atternate point of diversion to the Basalt Conduit on the condition that the well shall be operated onM when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Buedi Reservoir is in effect, or under an approved plan for augmentation. The use of ground water from this well is limited to ordinary household purposes inside one (1) single lamily dwelling, and shall not be used outside the house for any purpose. All use of this wellwill be curtailed unless the water allotment contract or a plan for augmentation is in effect. The maximum pumping rate shall not exceed 15 GPM. The average annual amount of ground water to be appropriated shall not exceed 0.325 acre-foot (105,918 gallons). A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. The wel! must be constructed not more than 2OO leet from the location specified on this permit, being on lot 4, Goose Creek Subdivision, Garfield County. The owner shall mark the well in a conspicuous place with welt permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings.!h G-?-1?-u'- s) 6) 7) 8) s) t)iiiirji:i:i',5 -C.) 3"..,-€.#%r'* State Engine€r (Acting)0338s73c DA,E rssuED JUN 10 1992 llr,*o,o* DATEJUN 1 0 1993 F APPROVED: JD2 , Form'No G\^/S-25' OFFTCE OF THE : JE ENGINEER COLORADO DIVI| N OF WATER RESOURCES 8tE C€ntonnial 8ldg., 1313 Shetman SL. Denvec Colorado 802oll (3O:t) 86e3li8l . , APPLICANT W KENT JONES T KEVIN L PATRICK PC 205 S MILL ST STE 3OO ASPEN, CO 81611 303/920-1028 PEBMTT TO CONSTRUCT A WELL WELL PERMTT NUMBER O4L29E Dv. 5 cNTY. 23 wo 38 DES. BASTN - MD -Loc 3 Block:Filing: Subdiv: GOOSE CREEK-@ LIC COUNTY GARFIELD --${- 17a Nw 1/a Section ?E Twp 7 s, Flange 88 w -6thP.M. DISTANCES FROM SECTION LINES L55o Ft. from North Seaion Line 52O Ft. from West Section Line 1) 2) 3) 4) s) 6) n ]SSUANCE OF THIS PERMIT DOES NOT CONFEH A WATER RIGHT CONDMONS OF APPROVAL This well shal! 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. The construction of this well shall be in compliance with the Water Well Construction and Pump lnstallation Flules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well construction and Pump lnstallation contractors in accordance with Rule 17. Approved pursuant to CRS 37-90-137(2) for the construction of a well, aprpropriating ground water tributary to the Roaring Fork River, as an ahernate point of diversion to the Basalt Conduit on the condition that the well shalt be oPerated onlv when a water allotment contract between the well owner and the Basalt Water Conservanry District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, and shallnot be used outside the house for any purpose. All use of this wellwill be curtailed unless the water allotment contract or a plan for augmentation is in etfect. The maximum pumping rate shall not exceed 15 GpM. The average annual amount of ground water to be appropriated shall not exceed 0.325 acre-foot (1os,glg gailons). A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) ind submitted to the Division Engineer upon request. The well must be constructed not more than 2OO feet from the location specified on this permit, being on lot 3, Goose Creek Subdivision, Garfield County. The owner shalt mark the well in a conspicuous place with well permit number(s), name ol the aquifer, and courtcase number(s) as appropriate. The owner shall take necessary means and precautions to'preserve these markings.8 D b_S -1:- COPYCIii'Vl\fHffi'$ 0338e;5'L'"n'"*r (Actins) E rssuEDJUN 10 1992. llr,*oroN DArE JUN i 0 igg3 cu€-tfu&,i* F 8) .Form No. GWS.25 OFFICE OF THE S IE ENGINEER COLORADO DIVII. { OF WATER RESOURCES 818 C€ntonnial Bldg., l3l3 Sherman SL. Donvor, Colorado 8O2Gl (3oil) 866-3ItEr APPLICANT W KENT JONES Z KEVIN L PATRICK PC 2O5 S MILL ST STE 3OO ASPEN, CO 8L611_ 303/920-1028 PERMTT TO CONSTHUCT A WEII :, v,rELL PERMIT NUMBER 041295 - F Dv.' 5 cNw. 23 wo 38 DES. BASTN - MD -Lnt:Z Block Filing:Subdiv: GOOSE CREEK APPHOVED WELL LOCAT]ON COUNTY GARFIELD ___gE- 17a NE l/a Section 3a Twp 7 S, Range 8R w -6thP.M. DISTANCES FROM SECTION LINES 18OO Ft. from North Sedion Line 21O Ft. from East seAion Line 1) ISSUANCE OF THIS PERMIT DOES NOT CONFEFI A WATER RIGHT CONDMONS 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 seeking relief in a civil court action. The construction of this well shall be in compliance with the Water Well Construction and Pump lnstallation 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 lnstallation contractors in accordance with Rule 17. Approved pursuant to cRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, as an alternate point of diversion to the Basalt Conduit on the condition that the well shall be operated onlv when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan for augmentation. The use of ground water from this well is timited to ordinary household purposes inside one (1) single family dwelling, and shallnot be used outside the house for any purpose. All use of this wellwill be curtailed unless the water allotment contract or a plan for augmentation is in efted. The ma:<imum pumping rate shall not exceed lS GpM. The average annualamount of ground waterto be appropriated shallnot exceed 0.325 acre-foot (10s,918 gallons). A totalizing flow meter must be installed on this well and maintained in good working order. permanent records of all dMersions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. The well must be constructed not more than 200 feet from the location specified on this permit, being on lot 2, Goose Creek Subdivision, Garfield County. The owner shall mark the well in a conspicuous place with well permit number(s), name of the aquifer, and coun case number(s) as appropriate. The owner shall take necessary means and precautions to preserue these markings. m 6-t-?r- U 2l 3) 4l s) 6) n 8) e) 01}ihli:il'$CCPY orrrri'li'"n''*' tn""";'or. rssuED JUN 10 1992 llr,roT|o* oorE JUN 1 0 1993 lr ,OHN R. SCHENK DAN IGR,ST WILLIAM I. deWINTER, Itr SCHEI\IK, KER.ST & deWINTER ATTORNEYS AT LAW CENTRAL BANK BUILDINO SUTTE 3IO, 3OZ EIGIITH STN.EET GLENWOOD SPRTNGS, COLORADO il601 TELEFHoNE: 891945-241 TELECOPIER: Qgl) 945-2977 November 15, 1990 Mr. Kent Jones PO Box 132 Carbondale, CO 81623 Re: Basalt Water Conservancy District Allotment Contract Dear Mr. Jones: At its meeting on November 12, 1990, the Board of'Directors of the Basalt Water Conservancy District approved your application for a Water Allotment Contract for 1.3 acre feet per year. I enclose three copies of the Water Allotment Contract to which are attached the District's Order granting you application. Please note the conditions set forth on the Order. You will be considered the contracting party and will be responsible for performance of the Contract until a Homeowner's Association is established and the Contract is assigned to the Association. You should notify me upon formation of the Homeowner's Association so'that I can provide you the necessary assignment form which must be completed and returned to me, together with the assignment fee of $50.00. If at any time you desire to sell one of the subdivided lots without forming a Homeowner's Association, you must then apply for a separate contract for the individual lot at which time you will be required to pay the District's contract application fee at it then exists. If the enclosed contract is acceptable you, please sign atl of the enclosed copies on page 5, have you signature notarized and return one fully signed copy to me for the District's records. Please contact me if you have any questions regarding this matter. DIUkla Enclosures -one to be returned "4:1" BASALT WATER CONSER,VANCY DISTRICT WATER ALII)TMEIYT CONTR,ACT hrrsuant to C.R.S. 19731 3745-l3l Kent lones (hereinafter 'Applicant') has applied to the Basalt Water Conservancy District (hereinafter the 'District'), a political subdivision of the State of Colorado, organized pursuant to and existing by virtue of Colorado Revised Statutes, 1973, 37-45-101, g seq., for an allotment Contract for beneficial use of water rights owned, leased, or hereafter acquired by the District. By execution of this Contract, Applicant agrees to the following terms and conditions: l. OUANTITY: In consideration of the covenants and conditions herein contained, Applicant shall be entitled to receive and apply to beneficial use .033 cubic feet of water per second from the District's direct flow rights and 1.3 acre feet per year of storage water owned or controlled by the District. 2. SOURCE OF ALLOTTED WATER: Water rights allotted pursuant to this Contract shall be from the District's water rights decreed to the Basalt Conduit, kndis Canal, Stockman's Ditch Extension, or other decrees or water rights hereafter acquired by the District, including the District's contractual right to receive storage water from Ruedi Reservoir. The District shall have the right to designate the water right or Decree of the District 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 terms and conditions imposed by the Water Court on the use of the District's said rights. Exchange releases made from the District's storage rights in Ruedi Reservoir or other works and facilities of the District shall be delivered to the Applicant at the outlet works of said storage facility and release of water at such outlet works shall constitute full performance of the District's delivery obligation. Delivery of water from the District's storage rights in Ruedi Reservoir shall be subject to the District's lease Contract with the United States Bureau of Reclamation and any rules and regulations promulgated pursuant thereto. 3. PURPOSE AND LOCATION OF USE: Applicant will use the waters herein granted for beneficial purposes limited to the augmentation of existing and future wells and other water souroes, within or through facilities or upon lands owned, operated, or served by Applicant, which lands are more fully described on Exhibit nAn atcached hereto; provided that the location and purpose of Applicant's use of said water shall be legally recognized and permitted by the applicable govemmenal authority having jurisdiction over the property served. Applicant's contemplated usage for the water allotted hereunder is for the following use or uses: Domestic/Municipal - Industrial/commercial - Agricurtural Applicant acknowledges that usage of the District's water rights as herein contemplated shall be in lieu of or supplemental to Applicant obaining or adjudicating, on its own, the right to use certain waters. It is acknowledged that certain locations within the District may not be susceptible to service solely by the District's water rights allotted hereunder or the District's said x Other Iatet rights may not satisfy Applicant's needs and purposes. 'fo the extent that service cannot be achieved by use of the District's allotted water righs, or in the event said service is 1}daryte, Applicant may, utilize such other water rights, by way of supplementing the District's water rights, or otherwis, 8!t is necessary to assure water service sufhciently r"ii.trt"for Applicant's intended purpose or purposes. A[ hnds, facilities and areas servedby water rights allotted hereunder shall be situated within the boundaries of the District. rne bistrict rcserves the exclusive right to review and approve any conditions which may be atAched tojudicial approval of Applicant's use of the District's waier rights allotted hereunder. Applicant agrees to defray any out-of-pocket expenses incurred by the District in connection with tt i attot- ment of water rights hereunder, including, but not limited to, reimbursement of legal and engineering costs incurred in connection with any water rights adjudication nec€ssary to Ato* Applicant's use of such allotted water rights; provided, however, in the event any such adjudication involves more of the District's water rights than are allotted pursuant io this Contract, Applicant shall bear only a pro-rata portion of iuch expenses. Applicant shall be solely responsible for providing works and facilities, if any, n@essarJ to utilta the District's water rights allotted hereunder for Applicant's beneficial use. Water service provided by the District shall be limited to the amount of water available in priority at the original point of diversion of the District's applicable water right and neither the District, nor those entitled to utilize the District's decrees,-f,1y call on any greater amount at new or alternate points of diversion. The District shall request the Colorado State Engineer to estimate any oonveyance losses between the original point and any alternate point anJ such estimate shall be deducted from this amount in each case. The Diitrict, or -yone using the District's decrees, may call on any additional souroes of supply that may be ivailable at an alternate point of diversion, but not at the original point of diviriion, only as against water rights which are junior to the date of application for the alternate point of diversion. In the event the Applicant intends to develop an augmentation plan and institute legal proceedings for the approval of such augmentation plan to allow the Applicant to utilize the Jvater allotted to Applicant hereunder, the Applicant shall give the District written notice of such intent. In the event the Applicant develops ana aaluAicates an augmentation plan to utilize the water dlotted hereunder, Applicant shall not bc obligated to bear or defray any legal or e1giryeri1g expense of the District incurred by the District for the purpose of aeveiopirt and adudicating a plan of augmentation for the District. In any event,-the District shall have the right to approve the Applicant's augmentation plan and the Applicant shall provide the District co.pi91 of such plan and of all pleadings and other papers frteO wittr the Water Court in the adjudication thereof. 4. PlvMEn't: Applicant shall pay annually for the water service described herein at a price to be fixed annually by the Board of Directois of the Dishict for such service. The !iti.! anlual payfgnt shall be made, in full, within 15 days after the date of a norice from theDistrict that the initial payment is due. Said notice wif advise the Applicant, among other things, of the water delivery year to which the payment shall apply *O ttr price w-trictr is applicable to that year. Annual payments for each yeir thereafter stratt-Ue made Uy ttre Applicant on or before each March l. If an annual payment is not made by the due date, written notice thereof will be sent by the District to the Applicant at Applicant's address set forth below. If payment is not made within ten (10) days after said written notice, the District may, at its option, elect to terminate all of the Applicant's right, title, or interest under this Contract, in which event the water right allotted hereunder may be transferred, leased or otherwise disposed of by the District at the discretion of its Board of Directors. In the event water deliveries hereunder are made by or pursuant to agreement with some other person, corporation, quasi-municipal entity, or governmental entity, and in the event the Applicant fails to make payments as required hereunder, the District may, at its sole option and request, authorize said person or entity to curtail the Applicant's water service pursuant to this Contract, and in such event neither the District nor such persons or entity shall be liable for such curtailment. 5. APPROPRIATION OF FUNDS: The Applicant agre,es that so long as this Contract is valid and in force, Applicant will budget and appropriate from such sources of revenues as may be legally available to the Applicant the funds necessary to make the annual payments in advance of water delivery pursuant to this Contract. The Applicant will hold harmless the District and any person or entity involved in the delivery of water pursuant to this Contract, for discontinuance in service due to the failure of Applicant to maintain the payments herein required on a current basis. 6. BENEFIT OF CONTRACT: The water right allotted hereunder shall be beneficidly used for the purposes and in the manner specifid herein and this Contract is for the exclusive benefit of the Applicant and shdl not inure to the benefit of any sucoessor, assign, or lessee of said Applicant without the prior written approval of the Board of Directors of the District. In the event the water right allotted hereunder is to be used for the benefit of land which is now or will hereafter be subdivided or otherwise held or owned in separate ownership interest by two (2) or more uses of the water right dlotted hereunder, the Applicant may assign the Applicant's rights hireunder only to a homeowners association, witer district, water and sanitation district or other special district properly organized and existing under and by virtue of the laws of the State of Colorado and then only if such association or special district establishes to the satisfaction of the Basalt Water Conservancy District that it has the ability and authority to assure its performance of the Applicant's obligations under this Contract. In no event shail the owner of a portion, but less than all, of the Applicant's property to be served under this Contract, have any rights hereunder, except as such rights may exist through a homeowners association or special district as above provided. Any assignment of the Applicant's rights under this Contract shall be subject to and must comply with such requirementi as the Diitrict may hereafter adopt regarding assignment of Contract rights and the assumption of Contrait obligations by assignees and successors, provided that such requirements shall uniformly apply to all allottees receiving District service. The restrictions on assignment as herein contained iliait not preclude the District from holding the Applicant, or any su@essor to the Applicant, responsible for the performance of all or any part of the Applicant's covenants and agreements herein contained. 7. OTHER RULES: Applicant's rights under this Conhact shall be subject to the Water Service Plan as adopted by the District and amended from time to time; provided that such Water Service Plan shall apply uniformly throughout the District among water users receiving the same service from the District. Applicant shall also be bound by the provisions of the Water Conservancy Act of the State of Colorado, the Rules and Regulations of ttre Board of Directors of the District, the plumbing advisory, water conservation, and staged curtailment regulations, if any, applicable within the County in which the water allotted hereunder is to be used; togethei with all amendments of and supplements to any of the foregoing. 8. CURTAILMENT OF USE: The water service provided hereunder is expressly subject to the provisions of that certain Stipulation in Case No. 80 CW 253 on file in the District Court in Water Division No. 5 of the State of Colorado, which Stipulation provides, in part, for the possible curtailment of out-of-house municipal and domestic water demanis upon-the occurrenoe of certrain events and upon the District giving notice of such curtailment, all as more fully set forth in said Stipulation. 9. OPERATION AND MAINTENANCE AGREEMENT: Applicant shall enter into an 'Operation and Maintenance Agreement" with the District if and when the Board of Directors finds and determines that such an agreement is required by reason of additional or special services requested by the Applicant and provided by the District or by rcason of the deliviry or use of water by the Applicant for more than one of the classes of service which are defined in the Rules and Regulations of the Board of Directors of said District. Said agreement may contain, but not be limited to, provision for water delivery at times or by ,*i not provided within the terms of standard allotment contracts of the niitrict and additiLnal annual monetary consideration for extension of District services and for additional administration, operation ani maintenance costs, or for other costs to the District which may arise through r"*i."r made available to the Applicant. 10. CHANGE OF USE: The District reserves the exclusive right to review and approYe or disapprove any proposed change in use of the water right allotted hereunder. Any use other than that set forth herein or any lease or sale of the witer or water rights allotted hereunder without the prior written approval of the District shall be deemed to be a material breach of this Contract. I l. PRIOR RESOLUTION: The water service provided hereunder is expressly subject to that cerlain Resolution passed by the Board of Direciors of the District on September-21, 1979, and dl amendments thereto, as the same exists upon the date of this "pptir"tion "rdallotment Contract. 12- NO FEE TffLE: It is understood and agreed that nothing herein shall give the Applicant any equitable or legal fee title interest or ownJrship in or to an! of the water or water rights of the District, but-that Applicant is entitled to the right to use the water right allottedhereunder, subject to the limitations, obligation, *a *ditions of this contract. 13' GONSERVATIoN PRACTICEq.' Applicant shall implement and use commonlyaccepted conservation practices with respect to the t"li", and water rights allotted hereunder andshall be bound by anY Tnservation plan hereart i "JrG by the oi-rt i.i., the same may beamended from time to time. srATE oF coLoRADo ) arbondale' co 81623 couNry oF .ARFTELD i ss' Subrcribed and sworn to before me this ,5*, ot n UZrXlb/rU , 1990. WITNESS my hand and official seal. My commission expires: "r%tqt 5 ORDER GRANTING APPLICATION FOR ALI./ONVTEI\TT CONTRACT KENTT JONES Application having been made by or on behalf of Kent fones and atl parties interested in the foregoing Water Allotment Contract and hearing on said Application having been duly held,it is hereby ordered that said Application be granted and that the foregoing Water Altotment Contract for .033 cubic feet of water per second from the District's direct flow rights and 1.3 acre feet of water per year of storage water owned or controlled by the Distriit is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for thl beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. The Applicant shall establish a Homeowners Association or other entity acceptable to the District for the ongoing payment of charges due under the approved Contract following subdivision of the property described in the Application on file with the District and the Applicant shall give notice to purchasers of all or any part of the subject property of the obligation of this Contract, and shall record such notice in the records of the Cleik and Re:order of Garfield County, Colorado. Applicant and his successors and assigns shall comply with all rules and regulations now existing or hereafter adopted by the District to enforce piyment of charges due under the approved Contract by present and future owners of all or any pirt of the real property served under the Contract. 2. The Applicant shall provide the District prmf that the proposed land use of the land to be benefitted by the water allotted hereunder has been approved by the applicable govern- mental authorities having jurisdiction over such land use, including evidence satisfactory to the District that each lot or parcel to be benefitted hereunder is legally subdivided 3. The applicant has acknowledged that the land to be benefitted by the foregoing and attached Contract is described as follows: See Exhibit nA" attached hereto and incorporated herein by this reference. BASALT WATER CONSERVANCY DISTRICT sv, Ai.rJ,,,u'- ,Anr, -? President _ I hereby certify that the above Order was entered by the Directors of the Basalt Water Conservancy District on the 12th day of Nov#r , 1990. ATTEST: Secretary , A parcel of tand eltuated ln Lotn 3 and {, Sectton 15 and Lot g, Sectlon 34, Tounshlp 7 SouEh, Range 88 tlest of the SlxEh Prlnclpal Herldlan. Sald parcel ofland ls descrlbed aa follorsr Beglnnlng at the l{ltness Corner for Ehe South Quarter corner o! aald Seetton l5r thence N. 53'30r43't{. 427t3.59 feet, to the True polnE of lleglnnlng, eald polntelso belng the Nll eorner of that pareel conveyed Eo John lt. ilaeobaen by DocrrnentNo. 271135 of the Garfleld eounty recorda, thenee N. 0O.4grO0, E. 9!0.90 feeE, tothe Sll corner of that prreel convcyed to Davld Burnford, et al by Doeument lto. 276641t thenee E. t337.67 feet along the SouEh llne of eald parecl to the SE corner thereofl thence North l?47.14 feet along Ehe East llno and Eaat llno extended of aalcl Burnford, et al parcell thenee N. 89o23r39" E. 446.92 feetl thenee South 2182,67 feot Eo a polnt on the llorth llne ext,enrled Eaat of thatparcel conveyed to Jacobsen, thenee t{est l797.OO feet, along the ltotth ttne extended and North llne of BaLd Jtcobaen parcol to the True polnt of Beglnnlng. EXTIrBTT XAX JP GOROOTV MEVEN 'NC. 1001 Grand Avenue, Suite 2-E Glenwood Springs, Colorado 81601 (303) 94S1004 (303) 92ffi727 Fax 945.59A February 7, 1991 Mr. Andrew McGregor, Planner Garfield County 109 8th Street, Suite 303 Glenwood Springs, CO 81601 RE: Goose Creek Subdivision - Town of Carbondate Dear Andrew: Mark Chain, with the Town of Carbondate, asked that I respond to your concerns over the issue of installing non-discharging evapo-transpiration (ET) systems for the Goose Creek Subdivision. An ET bed can be used to dispose of wastewater to the atmosphere so no discharge to surface or groundwater is required. On-site ET disposat normally consists of a sandbed with an impermeable liner and wastewater distribution piping (see attached figure). The surface of the sandbed may be planted with water-intensive vegetation. Wastewaier entering the bedis normally pre-treated to remove settteable and floatable solids. An ET bed funclions by rqising the wastewater to the upper portion of the bed by capillary action in the sand, andthen evaporating it to the atmosphere. ln addition, vegetation transports water from the root zone to the leaves where it is transpired. ln Western Colorado, the evaporation exceedsprecipitation plus water from the ET system every month of operation, so that long-term storage capacity is not required. ET systems are generally located in areas that do not have adequate percolation rates, encounter high groundwater conditions or where discharge to groundwater is not allowed.lf any of the above-mentioned criteria are not encountered, then there is no reason to install an ET system. ET systems tend to require a slightly larger area and are slightly more costlythan conventional systems. Schmueser Gordon Meyer has designed numerous ET systems at! over Western Colorado, butprimarily concentrated in Pitkin county. Many of the soil types encountered in pitkin county,(e.g., in the Starwood or Little Elk Creek area) do not hive adequate perc rates. To ourknowledge, we have had no failures of any of the ET systems we designed. Although ET systems are not the system of first choice, given the alternative in this instance, they ire an appropriate system to install. I am attaching a reference from the EPA Design Manual on "On-Site Wastewater Treatment and Disposal Systems" for evapo-transpiration systems". tam also attaching the section fromthe Pitkin county Regulations on lndividual Sewage Disposal Systeri (5-13) on the"Requirements of Evapo-Transpiration systems for Disposat of Effluent". B 1991 'dAr,r,u-u couNli CO'VSULI'A'G EA'G'A'EERS & SUEYEYOPS FEB February 7, 1991 Mr. Andrew McGregor Page two From a water rights perspective, ET systems are lOOo/o consumptive. lf the subdivision enters into a water allotment contract with the Basalt Conservancy District for legal water supply, then the amount of water purchased should reflect ET systems. ln summary, ET systems are an accepted ISDS in our area. Given the risk involved in possible contamination to the Town of Carbondale's drinking water through discharging systems, ET systems are an industry-wide accepted alternative. tf we can provide any additional information, please contact us. Sincerely, SCHMUESER GORDON MEYER, INC. :?-.1// .;7+.2- Louis Meyer, P.E. LMtc19218-17 Enclosures cc: Mark Chain, Town Planner SCHMUESER GORDON MEYER, INC. s 5-12.3 5-12.3 All of the gravel or stone shall pass h lwo and a half inch (22") screen and shall bL retained on a three-fourths inch (%") screen. Fine giru"r o;"lourth inch (y;,)insize orless may be used above and around in" "o"6" material, boih at the distributor and underdrains. The separ- "tint Oirt"n"e between parallel distr.ibu.tion. lines shall not exceed six f""iiO;1, and a distribution tine shall be located within three leet (3') of """n'fif ibr sidewall. Pipe for gravity distribution shall be no less than four inCn"r (4,') in diametei. tne!tope of the distributors shall be four tenths ;i;r; |"rb"nt (0.40lo) where dosing tanks arenot used, and the slope of the underdrains f ive ienths of one percent (0.5olo) to one percent (1.0:/o) it Lleqrir"O that the sand be thoroughly settled by flooding or.other .n""niiitor" the distributors are placed at the final grade. The distrib- ,toi anO underdrains shall be perforated plastic pipe orother materials approved bY the DePartment. 5-12.4 The top of the sand bed shall be no less than four feet (4') above tn" nign grornb water table for installations in which effluent percolates downward through the soil. 5-l2.5Theminimumareaforasandfiltershallbecomputedasa irn.rion of the maximum daily sewage tlow according to the following maximum loading rates. s 5-13.3 pertinent data used in the formula, shall be submitted' (b)Soecificationsshallbefurnishedtoinclude'butnotbelimitedto: ii;!r";;d;.,"t-and-protection of tiner, soit anatysis of setect material, ;;;" ;iz;, soil deicription, and provision for vegetation cover' {c)whenhiohqroundwatertable,bedrock,fracturedrock,orhighly i,l*lor, ,"i"riil 1a percolation rate faster than f ive [5] minutes oer ;;; i^"h i1;il Lriodng"r the underground water' a durab' c in.'o"i.""6f u iiner snatl Ue installed in the bed to prevent the s . . .,e ;iii';;ii;;; enteri ng the undertying f ormation or g roundwater table. (d) An evapotranspiration system shall be located in an area where in6re is suliicient exposure to sunshine, as determined by the health oflicer or his authorized representative' (e) The following lormula shall be used as a minimum guide to ietermine the area necessary for total evapotranspiration.(except *n"n ,n engineer shall ceriify that less area is required for an individual sYstem): Area (in square leet) = 9- (Where O is the calculaled average daily sewage llow from the structure') fi) where oermitted, combination systems utilizing both percolation Iio'6rlx,itrnsplraiion may be used' Partial or no liners may be ""r-itt"b. Catcutations submitted for rates of effluent dispo-sal shall ffii;;;; l";;hi;s -rate and the percolation rate as well as the evaPoration rates. 5-13.3 Material and Construction Bequirements (a)Seotictanksandaerationplantsshallmeetalloltherequiru.,rrts i" pioiriO"O for in Sections 5-2 and 5-3' Ib) Liners. when used, shall be impervious to the chemical reaction ;;t;;;;;;; oi t"*"g'"' and shall not deteriorate when exposed to ,ii"ri;li. F6rvvinyrcn16rioe ptastic.tining,.manutactured f rom domes- iii p,irvri"vr6ntolio" resin 6f ten (10) mil.thickness' butyl rubber' or oinEi 6on-ioxic equivalent materials shall be used' tc) The liner shall be sealed at all openings to the.bed and shall be L,#pr"t"rv-rno"i in" matrix of the evapotranspiration bed. Any ;;ilg;16 the liner shall be repaired using the proper solvent or ;;;ti;;"d a patch of the same material as the liner. Liners shall not be laid directly on any sharp rocks or. obiects' Two inches (2")ol sand or Jlrt tiiiinuir u" ad'ded a6ove and betow the liner to prevent punctur- i"g. WotL;""snlp inirr be of sullicient quality as to mainlain the inteoritv ol the tineiio its ipecitications. Liners are required in high *llJr'iJui" ;;r"ti;".s, in ;.Jint"o rock, or where leachins is prohib- ited. (d) Matrix material above the distribution lines shall be resistant to Appllcallon Rale TvDe ol Serulce (gal'/sq' lt'/dsy) --witnort gerUage grinOe, l:: 5- 12.6 A dosing tank will be provided where the total f ilter area exceeds .ioht""n hundrdd square tedt 1t,800 sq. ft.) or where the distributors "*1""J three hundreb tgOO) lineal feet. The size of the dose and the net "rpriltV oLtne dosing t'ant inatt be at least seventy-f ive percent (750/o) of the volume of the distributors. 5-12.7 when disinfection of sand f ilter effluent is required, it shall meet the requirements of Section 7-2.1 ol this regulation' 5-13 Requirements ol Evapolransplratlon Syslems lor Dlsposal ol Ellluent 5-13.1 Evapotranspiration systems may be used where soil absorption It "rirr".tt ii not possible and where high water table, bedrock,lractured io"t, oi nignty pbrvious material precludes the use of a soil absorption ,t;i;;. irip5ti"n.pirarion may b.e used in combination with absorption i,ii".s *nbre watertable elevhtions and soil conditions permit leach- i,iS, brt percolation rates may not be satisfactory or acceptable' 5-13.2 Design Requirements (a)Allsystemsshallbedesignedbyare.gisteredprofessionalengi. Ider. n 6esign lormula thatLalculates the rate of evaporation, the iiiing ot thievaporation bed and the design load, along with the 423 Silnp 4 l.t s 5-13.3 chemical decomposition and the formation of colloidal particles' The matrix shall be *"li;;;i;;;no-*ltnlrt" proper sizing to accomplish the speciric prrpoJ"',oi",i"'i"l'ig;. in; c'ontbnt of lin-e particles shall be limited to tne JitJni'ih;iih;' do not inhibit capillarv action or PermeabilitY' (e) The matrix shall be installed..with.care so that the liner is not oerforated. Heavv i'L"hi^iiv tnatt n.ot be permitted tg dIiYl?J-:lth" matrix. The srrt""" oiihtti'lti* in"rr.u"."on'"' so as to permit runoff of rainwater and t;-in;r;ase the air turbulence over it' (f ) The system bed shall be crown.ed and covered with a minimum of iJr; i;;h; ia"loiseiected backfill m.aterialand with a srass cover' and any otner pranti"sJJ"itLi uv t " designer shall be maintained as designed. (g) Bed area shall be protected to prevent damage from vehicular or oedestrian travet. ilJ';;;;-J.rit""" shall be grad.ed to dellect PplJ',i"p1,'iiit";;; "i;;-, 6r1.io" water away f rom the disposal area. Since the network is pressurized, small elevation differences along the length of the lateral do not affect the uniform distribution signifi-cant'ly. However, these variations should be held within 2 to 3 in. (S to 8 cm). The rock is p'laced in the absorption area first, to the ele-vation of the distribution laterals. The rock should be leveled by hand, maintaining the same elevation throughout the system, before lay-ing the pipe. After the pipe is 1aid, additional rock is placed over the pipe. c. Distribution Boxes If used, distribution boxes should be installed level and placed in an area where the soil is stable and remains reasonably dry. To protect the box from frost heaving, a 6-in. (15-cm) layer of L/?- to Z-l/Z-in.0.2- to 6.4-cm) rock should be placed below and around the sides of thebox. Solid wall pipe should be used to connect the box with the distri-bution laterals. Separate connections should be made for each lateral.To insure a more equal division of flow, the s'lope of each connectingpipe should be identical for at least 5 to 10 ft (1.3 to 3.0 m) beyondthe box. 7.3 Evaporation Systems 7.3.1 Introducti on Two basic types of onsite evaporation systems are in use today: Evapotranspiration beds (with and without infiltration) Lagoons (with and without infiltration) The advantages of these systems are that they utilize the naturai energyof-_the sgn and, optiona'l'ly, the natural purification capabilities oisoil to dispose of the wastewater. They must, however, be located infavorable climates. In some water-short areas where consumptive wateruse is forbidden (€.9.1 Colorado), they may not be al'lowed. i. ?. Mechan_ical evaporators are in the experimental stage, and are not com-mercia'l'ly avai'lable. For this reason, they are not inc]uded in thisdi scussi on. 300 7.3.2 Evapotranspiration and Evapotranspiration/Absorption Beds 7.3.2.1 Introduction Evapotranspiration (ET) beds can be used to dispose of wastewater to the itmSipfrere so that no discharge to surface or groundwater is required. E;6i;;,,ipiration/absorptton jftl) is a modification of the ET concept in wnicn di scharges to 'both the aUnosphere and to the groundwater are incorforatea. gotn ff and ETA have been utilized for onsite wastewater aiipoiaf to the extent that severa'l thousand of these systems are in use in the United States (33). 7.3.2.3 APP1 ication 0nsite systems util izing ET disposa] are primari'ly used.where geological limitations prevent thiuse of'subsurface dis_posa1, and where discharge to surface wateri is not permitted or feasible. The geologlc1l condi- tions that tend to favor the use of ET systems include very shal-low soil mantle, h'igh grounawater, relativ-ely impermeab'le soi1s, or f-ractured bedrocli. ffn iystems are generally-used where slow1y permeable soils are encountered. 7 .3.2.2 Descri Ption onsite ET disposal normally consists of a sand bed with.an impermeable liner and wastewater distriiution pip1ng (see Figure 7-35). The surface of the sand bed may be planted with vegetation.- Wastewater entering the bed .i s norma'l 1y pietreateO to remove settl eabl e and fl oatabl e sol j ds. An ET bed functi6ni UV iaising the wastewater to the upper portion of tne uea by capi'l1ary.-ction in the sand, and then evap_orating it to the atmospner6. in addition, vegetation transports-water from the root zone to the leaves, where'it is iranspired. in ETA systems,.t-h. impervious liner is omitted, and a portion of the waStewater is disposed of by seepage into the soil. Various theoretical approaches are used to describe the evaporation p"o..ii. Thit trgg.tlt tnut there may be some uncertainty associated *itf, a precise quintitative description of.the process. H.owever, cur- r.n[ lrictice i! to limit the uncertainties by basing.designs on a correl at'ion Uetween avail abl e pan evaporation data and observed ET iates, thereby minimizing assumptions and el imina.ting the .need to aver- ug.-iong-1.*-ct'imatic dita. References (33)(34)(35) and (36) provide a m6re delailed discussion of the corre]ation method. 301 7 FIGURE CROSS SECTION OF 7-35 TYPICAL ET BED Topsoil (Varies O-a,:) lmpervious. Liner Filter Cloth or Equivalent Sand o ao:l\rN 2"Rock.Perforate Pipe (4") ot Although ET systeml-may be used.where the application of subsurface dis-posal systems is rimiied, *r.r.ur. not witnout rimitations. As withother disoosa'l methods ilrat ""0'rir. u""iintln-r'ive construction, the useof ET svstemr can uJ-.;;;;.;;n'ed uv- tri,ii.o i-d avair abir ity and sitetopography. Based o, .*f."i"n.. to date with Elsiirsie-iiiliry"ilor.s, approximately 4,000.t0 6,0J0d;;l"iilotll ;;;r;liijlavailable rand is tipilariv'"iqut.eo. The maximum srope at which an ETsystem is applicabl6'rras n6t u.tn estabrisrrea, Lut use on sropes greaterthan Ls,, may be possible if-ierracing, i."iir distribution, and otherappropriate design features u..- iniorf6ia;;;. -' By far the most significant constraint on the use of ET systems is cri_matic conditions., -The .rip=..iiio, -..i.-i'r ioni.ored primariry oy cr i_matic factors such as p;.;ip;;;ll6q,-;l;-rp..j, humidity, sotir radia_tion, and temoerature. " R;;;;i-studie_s i;di;;;;.that essintialry ar1 ofthe precipitalion that fiir;;r-an.ET ueo iniirtrates into the.bed andbecomes Dart of ilre -rrvara,iii. "r *a -ir,.t*r.qri'r., evaporation (33) (34)(37)' provisions ror iong-;rin storage or'e-rh'uent and precipitation inET systems during .periodj oi nega-tive n.t-eriporation, and.for subse_quent evaporation during period;"ri poriiir.=i![ .ruporation, are expen-s'rve' Thus' the year-aiound use of ionoiiir,..ir'rg ET systems appears tobe feasible onlv.-in tn"-i.ti'.-ni-t.il;;;il"il;l'ion, of the *eiiern andsouthwestern uni"ted siiies';.; evaporation exteeas precipitation dur-ins every month or ope.ii;o;:'";; th;t-1oig-[.;"storage capacity is not 302 required. ET systems for summer homes may be feasible in the more tem- perate parts of the country. For ETA systems, the range of applicabil-ity is less well defined, but the soils must be capable of accepting allof the influent wastewater if net evaporation is zero for any signifi- cant periods of the year. In addition to c'l imate and site conditions, the characteristics sf wastewater discharged to an onsite disposal system may affect its appli- cation. For ET disposal, pretreatment to remove settleab'le and float- able solids is necessary to prevent physical clogging of the wastewater distribution piping. The relative advantages of aerobic versus septic tank pretreatnent for ET and ETA systems have been discussed in the literature (33)(35)(37)(38). Although each method has been supported by some researchers, reports of well-docunented, control'led studies indi- cate that septic tank pretreatment is adequate (33)(34)(37). 7.3,2.4 Factors Affecting Performance The following factors affect the performance of ET and ETA systems: 1. Cl imate2. Hydraul ic loading3. Sand capil 1 ary ri se characteri stics4. Depth of free water surface in the bed5. Cover so'il and vegetation6. Construction techniques7. Salt accumulation (ET only)8. Soil permeability (ETA only) As noted previously, climate has a significant effect on the application and performance of ET and ETA systems. Solar radiation, temperature, humidity, wind speed, and precipitation al1 inf'luence performance. Since these parameters fluctuate from day to day, season to season, and year to year, evaporation rates also vary substantially. To insure adequate overal 1 performance, these fl uctuations must be considered in the design. The hydraulic loading rate of an ET bed affects performance. Too high a loading rate results in discharge from the bed; too1ow a loading rate results in a lower gravity (standing) water level in the bed and ineffi-cient util ization. Several researchers noted decreased evaporation rates with decreased water levels (33)(34)(35). This problenr can be overcome by sectional construction in level areas to maximize the water level in a portion of the bed, and by serial distribution for sloping si tes. 303 The capillary rise characteristic of the sand used to fill the ET bed isimportant since this mechanism is responsible for transporting the watert0 the surface of the bed. Thus, the sand needs to have i capil'laryrise potential at l.east qs great ai ttre depth of the bed, and yet shou'ldnot be so fine that it becomes clogged by sol ids in th; appl iedwastewater (33). Significant seasonal fluctuations in the free water surface are normal,necessitating the use of vegetation that is tolerant to moisture ex-tremes. A variety of vegetation, including grasses, alfa]fa, broad-leaftrees, 9ld evergre-ens, have been reported [o-increase the average annualevaporation rate from an ET bed to above that for bare soil (rfi.- 6;-ever' grasses and alfalfa also result in nearly identica'l or reducedevaporation rates as compared to bare soil in thl winter and the springwhen evaporation rates are normally at a minimurn (33)(34i. Simlfirfv,top soil has been reported to reduce evaporation rates. Certain ever-green shrubs, on the other hand, have been shown to produce s'l i ght'lygreater. evaporation rates than bare soil throughout'the- yeu. (gji".Thus, there are conflicting views on the benefiis of covei soil andvegetati on. Although ET system performance is nleneral1y affected less by construc-!lo^ techniques than most subsurfaci dispoial methods, sore-uspe.ts ofET construction can affect performance. Insuring the'i;itariiy of the -impermeable I iner. and selecti!9 _t!e sand to provlde for maiimun capil-l ary-rr'se properties alg typical'ly the most important considerations.For ETA systems, the effects of construction teinniques liJ Jtrttar tothose discussed previoy-sly with reference to subsurfate diipotit systemsin slowly permeable soils. Salt accumulation in FI disposal systems occurs as wastewater is evapor-ated. Salt accumulation is particularly pronounced at the surface ofthe bed during-dry periods, although it is redistributed in.oultout thebed by rainfall. Experience to aite indicates that salt accumulationdoes not interfere.with -th. operation of nonvegetated ET systems (39)(40). For ET systems with surface vegetation, salt accrmilation mayadversely affect performance after a'lon-g period'of use,-irirtorlh obser-vatio.ns .of ET systems that have been iri dperation for 5 yeu.i"indicateno .significant. problems (33). In order to minimize poleniiat futureproblems associated with salt accumulation, the ET or EiA-pipiig systemmay be designed to pennit f'lushing of the bed. - Since ETA systems util-ize s.e_epage into the soil as well as evaporationfor wastewater disposal, soil_'permeability is also a factor in tne per-fonnance of these systems. Discussion oi tfris factor relative to sub-surface disposal systems (Section 7.2) appliei nere. 304 Y- Data that quantitatively describe performance are not available for ETor ETA disposa'1. However; the technical feasibility of nondischarging ET disposal has been demonstrated under experimenta'l conditions (33)(34). In addition, observations of functioning ET systems indicate that adequate performance can be achieved at least in semiarid and aridareas. The performance of ETA systems depends primarily on the rel a-tionship between climate and soil characteristics, and has not beenquantified. However, the technical feasibility of such systems is we'll accepted. 7.3.2.5 Design ET and ETA systems must be designed so that they are acceptable in per- formance and operation. Requirements for acceptability vary. 0n one hand, acceptable performance can be defined for an ET system as zero discharge for a specified duration such as 10 years, based on the wea-ther data for a similar period. Alternatively, occasional seepage or surface overflow during periods of heavy rainfal'l or snownelt may be al- lowed. In addition, physical appearance requirements for specific typesof vegetation and/or a ffrm bed surface for norma'l yard use (necessita- ting a maximum gravity water level approximate'ly 10 in. [25 cm] below the surface) may also be incorporated in the criterja. Appropriate acceptance criteria vary with location. For examp'le, occa- sional discharge may be acceptable in low-density rura'l areas, whereas completely nondischarging systems are more appropriate in higher density suburban areas. Thus, acceptance criteria are usually defined by 'local health officials to reflect local conditions (33). Since the size (and thus the cost) of ET and ETA systems are dependent on the design hydraulic loading rate, any reduction in flow to those systems is beneficial. Therefore, flow reduction devices and techniques shoul d be consi dered an i ntegral part of an ET or ETA system. The design hydraulic loading rate is the principal design feature affec- ted by the acceptance cri teri a. Where a total - evaporat-ion___sys_!_e!1js \required, the loading rate must bef'low 6nough to prevent the bed floln_/fil l ing comp'l ete'ly. Some discrepahcy in acceptable- loading-lates has been reported. A'lthough reports of system designs based on higher load-ing rates have been presented in the literature (35)(37), other data obtained under controlled conditions indicate that pan evaporation must exceed precipitation in all months of a wet year (based on at'least l0 years of data) if a total, year-round evaporation system is uspd. Under these cgnditions, loading rates between 0.03 and 0.08 gpd/ftz (1.2 and 3.3 1/ncldayl were found to be appropriate in western states (Colorado and Arizona) ( 33) ( 34) . 305 T The hydraulic loading rate is net ET ([pan evaPoration x a rienced in the wettest Year ;h;lji;"u."unuivi.o""-ii i..v inrrequenf uut' larse precipitation events ---.1 I ..^-..1 $ ia rranrr;;;";; &#i;;'.;d Lr;; ul.iiie of-ihe systel lhat would result in verv 6-^a trT crrctam icT;+.;;r;f ;i;;;;g..- wr,..e occa-sional. iisch.fs:-lIoI^3I-1r..:,y^'l:T.,:' ;U:;ffii;,"i;;;i;i"..t.''*.v-!;.;;6l^.*ln'a 1a-.].es.11e.'.-'Il'.t:':.::tl:;;;:;t;:"*=l?,i,n"* ,.'.iniv -n.I'Ei-in a orv v99r' -If the tllt .l:,ut^:l^l?"i.iionir app'lication, ihen only those months of tute the basis for design. occupancy wi'l 1 consti - The assumptions for a sample ET bed design are given below: determined by an analysis of the monthly local factorl minus precipitation) elpe- of a lO-year period. Ten years of dala The loading rate for ETA systems is determined in the same manner' ex- i.pt it'it in additional factor to account for seepage in the soil is inc]uded. Thus, -the loading rate for an ETA system i! genera'lly greater than the loading iut. for an ET system in. the same climate' The avail- able data indicate that ETA systems can be used with a wider ragge of cl i4atic conditi;;s. ro. .*utipi., lf io-il. can acc.ept O'2 gp.dlf tz (8'1 ii#7 jivt , -i.a -the-mi nimum monih'ly let ET. i s..zero (determi ned -as neces- ;;;y';;".;iaing to $he acceptglge Lrjteria), the loading rate for desisn i s it so 0.2 spo/ f( (8.1 I ln(/ dav) . g) In addition to loading rates, the designer must also consider selection of fill materiaf, covdr soi1, and vegetition. The role of vegetation in providing additi'oni1 transpi'ration ior ET systems is uncertain at this time. During the growing season, the -impact of vegetation. could be ;ig;ificant. -Howevei, qriing tne nongrowing season, the effect of vege- tation has not been wel] documented. sand available for ET and ETA bed construction snoui] U. t.tted for capillary -rise he1ght and rate before on. is selected.- in. general-,- c'lean and uniform sand in the tti:r?l.Btg = 0.1- *rn lSOz Ov n.lfif,ri traiter than or equa'l to 0.1 mm) is d (33). 1. 2, 3. 4. 5. 5. Four occupants of home 45-gpcd design flow (no in-home Location: Boul der, Col orado Critical months: December 1976 (see Figure precipitation: 0.01 in./day (0.25 mm/day). pan evaporation: 0.07 in.lday (1.7 mm/day) water reduction) 7-36) An ET bed must be able to it as well as any design of an ET sYstem the di fference between to evaporate the household wastewater discharged rain itrat falls on the bed surface' Thus, the i i Oased on the estimated fl ow from the home and the precipitation rate and the evaporation rate 306 l FIGURE 7.36 CURVE FOR ESTABLISHING PERMANENT HOME LOADING RATE FOR BOULDER, COLORADO BASED ON WINTER DATA, T976-L977(331 mm/day Pan Evaporation Precipitation t^/. ,t i "'< .t I r I t I I 307 JJ 1 976 /dmma JJ 1977 during the critical months of the year. In this examp'le, we are assum-ing _an average household flow of 4- persons x 45 'g.pd, or 1g0 gpdtotal. Past work has shown that actual'evaporation fr6m'ari fr system-isapproximate]y the same as the measured pan evaporation rate i; winter(33). Summer rates are approximately ldr, or the measured pan evapora-tion rates in this area, but excessive evaporation potentidl more thanoffsets this condition. Therefore, the des'ign is based on pan evapora-tion (in./day) minus precipitation -(in./day).- In this exampie, (0.07 in./day) - (0.01 in.ldayl = 0.06 in./day This equates to a rate of 0.04 gpd/f*. In-this example, then, the required area for the ET bed is finally cal-cul ated: To al I ow^a 7,500 fr: 6,000 ftt ,practi ced , achi eved. 7.3.2.6 Construction Features A typical ET bed installation was shown previously in Figure 7-35.Characteristics of an ETA bed are identical except that th; liner isomitted. Limited data are available on optimum construction featuresfor Er and ETA disposal units. The following construction features aredesi rabl e: 1go gpd o = 4,500 ftZ 0.04 gpd/ft' factor of safety, the size could be increased to as much as based. on { sncd. A more realistic size would be 5,000 towhich would insure no overtrows. If water conservation isdirect significant savings in size and costs could be Synthetic liners should have a thickness of at least l0 mil; itmay be preferable to use a double thickness of liner mateiialso that the seams can be stagoered if seams are unavoidable. Synthetic liners should be cushioned on both sides with layersof sand at least z in. (5 cm) thick to prevent puncturtng iur-ing construction. Surface runoff from adjacent areas shoul d be diverted aroundthe system by berms or drainage swales. 1. 2. 3. 308 Crushed stone or gravel placed around the distribution pipes should be 3/4 to 2-L/2 in. (2 to 6 cm). Filter c'loth or equivalent shou'ld be used on top of the rock or gravel to prevent sand from settling into the aggregate, thus reducing the void caPacitY. Care should be exercised 'in assembling the perforated distri- bution pipes (4 in. [10 cm]) to prevent pipe g'lues and solvents from contacting the synthetic 'liner. The bed surface should be sloped for positive drainage' A relatively porous topsoi'|, such as loamy sand or sandy 1oam, should be used if required to support vegetation to prevent erosion, or to make the appearance more acceptable. The bed shoul d be 'l ocated 'i n conformance wi th 'l ocal code re- qui rements. Construction techniques described previously for subsurface d'isposal systems, where soil permeabil ity may -be decreased by pooi^ constructi on practjces , shoul d be used for ETA systems (3e) (40) (41). 7.3.2.7 Operation and Maintenance Routine operation and maintenance of an ET or ETA disposa'l unit.consists ;;iy oi typical yard maintenance activities such as vegetation trimming. pretreatment uniis and appurtenances require maintenance as described in Chapter 8. Unscheduleil'maintenance requirements are rare, and stem *aiirty frorn poor operating practices such as failure to pump out septic tank so] i ds. 7.3.2.8 Considerations for Multi-Home and commercial l.lastewaters ET systems may be applicable to small housing clusters .und commer- ciat/instituti6nal estiUtishments, but'large area requirements may 1 imit in.i. practicality. Adjustments in the type of pretreatmert used may be requireO depending on lfre wastewater characteristics. For example, a grease trap is nofrnally required prioy t_o septic tank or aerobic treat- ment of restaurant wastewater disposed of in an ET system. 4. 5. 5. 7. 8. o 10. 309 t- ffi Town of Carbondale 76 South 2nd St. Carbondale, Colorado 81623 Go) 963-2733 February 6, 1991 Mr. Andrew McGregor Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 TRANSMITTED BY FACSIMTLE LETTER ON 2/6/9I RE: Goose Creek Subdivision Preliminary PIan Dear Andrew: The Carbondale Board of Trustees reviewed the above referencedproject at its January 22r 1991, meeting and its possibre impacton the Town's Roaring Fork well-field. Applicants present wereKent Jones and Priscirra Prohl. As you know, the Town and theState Department of HeaIth have concerns that the existing Townwellfield will be impacted by the proposed development. The Townhas three existing shallow, high capacity municipal wells whichhave a capacity of 300 to 350 g.p.m. This area has arso beentargeted for nine additional weIIs to supplement our water supplyas the Town grows. These werrs have conditionar decrees. After a long discussion, the Board of Trustees unanimously passed a motion which asks Garfield County to place a plat restrictionon the subdivision which would require any r.s.D.s. built withinthe Goose Creek Subdivision to be constructed subject to Townapproval. At this point in time, the Town would request that anyr.s.D.s. be a non-discharging system such as an E.T. system usinghypalon Iiners in lieu of polyethylene liners. The Town would also like to have a working rel-ationship withGarfield county in this general area in the future so that ourwells can continue to be protected. rn the best of worlds, the Town wourd know precisery how far of an area away from the Town'swellfield needs to be protected. It wiII be difficult to obtainthis information since such a study would be expensive and theresurts would be highly interpretive. The Town is currentlyinvestigating with the State Department of HeaIth the possibilityof the Town becoming a pilot project for the state's wellheadProtection Program. We will keep you informed about this matter. ffiFffi GARI-IELD COUNTY - The Town Board has instructed me to investigate with the Countythe possibility of Town review and approval of any I.S.D.S. beingconstructed in this general area. I am including a letter fromLouis Meyer which provides documentation that 95% of groundwater contamination cases result from contamination within two miles ofthe ground water source. We hope that a working relationship with the County will result in a satisfactory solution toprotecting our domestic water supply from pollution. The Town would like to thank Garfield County for the opportunityto review this and other projects which may impact the Town ofCarbondale. You can contact me aL 963-2733 if you have anyquestions about the Townts comments on the Goose CreekPreriminary Plan. r rook forward to discussing with you in thenear future the issue of protecting our ground water supply. Sincerely, /1vj cL- Mark Chain Town Planner MClsd Encl. SCHffUE--,( GOPOOTY l{EYEn lNC.1001 Grand Avenue, Suite 2-E Glenwood Springs, Colorado 81601 (303) 94$1 004 (3031 92ffi727 Fax (303) 94$5948 January 7, 1991 Mr. Mark Chain, Town Planner Town of Carbondale 76 South Second Street Carbondale, CO 81623 V a t it RECE|VED JAN0g lssl RE:Goose Creek Subdivision Preliminary Plan Dear Mark: As requested, I have reviewed the Goose Creek Subdivision Preliminary Plan. The purpose of this letter is to comment of the relationship between the Goose Creek Subdivision and the Town's well field. The relationships between municipal well fields and point sources of pollution are extremely complex and highly interpretive. To definitively determine the relationship would require in- depth groundwater modeling and actual in-place monitoring so that groundwater movement and pollutant transport can be defined. Short of doing this in-depth analysis, certain facts can be raised at this time on the relationship between the Goose Creek Subdivision and the Town of Carbondale's wells. Those facts are as follows: 1. The proposed five lots for Goose Creek Subdivision are located between 1600 and 25OO feet away from the Town of Carbondale well field. 2. Generally, the groundwater gradient, or direction of flow, in the Roaring Fork altuvial is towards the river and downstream. Therefore, upon information and belief, the Town of Carbondale's well field is down gradient from the proposed Goose Creek Subdivision. Currently, the Town's well field is used as a peaking source of water to handle irrigation season water demands. This well field has been identified as the future source of Town of Carbondale water. As the Town grows, more wells can be drilled in the Boaring Fork alluvial. These wells willgenerally parallelthe Roaring Fork River and be spaced 350 feet apart. Enclosed as Figure 1 is a map prepared for carbondale by wME which shows the area identified as the future well field corridor. Also, according to wME, the cone of depression for these wells is r 500 feet. The WME suggests a total of nine wells will be required to meet future demands. The.Town's three existing wells are shallow, high-capacity municipal welts. The wells are drilled to approximately 36 feet in depth and have a screened interval of *.22 to 35 feet, and have a capacity of + 300 to 350 gpm. 3. 4. 5. CO'VSUTI'IVG EA'G"VEEFS & SURYEYORS January 7, 1991 Mr. Mark Chain Page two ln a letter to Garfield County from Richard H. Bowman, dated November 19, 1990, Mr.Bowman stated there was a potential problem with ISDS's contaminating the Town's wells. Case histories back up Mr. Bowman's claim. Case histories in pollutant transport theory indicate that viruses and organics can migrate long distances in shallow groundwater with course alluvialaquifers. Distances cited in case histories suggest these pollutants can travel distances longer than that encountered in this situation (l can supply these case histories, if necessary). The preliminary plan report indicates that engineered ISDS's will be designed for each lot. Therefore, it can be argued that the ISDS's will be built to Garfield County and Colorado Department of Health standards and meet all setback requirements. However, individual sewage disposal regulations, both on a county and state level, do not take into consideration proximity to high-capacity municipal wells. The state Health Department has adopted the Basic Standards For Groundwafer. Table 1, attached, lists the standards for discharge to domestic use classified groundwater. Table 1 limits the discharge of totat coliforms to one organism per 100 mils. These limitations are to be met at the point of compliance. The point of compliance for the Town of Carbondale's well field has not been established. However, the data used to compile the basic standards indicate that point of compliance should be within a two-mite radius of the Town's wells. Below are references from that Basrc Standards for Groundwater: 'A conservative area of two lateral miles around the activity in questions witl presumptively be used as the initial specified area. The Commission finds this area to be reasonable for the following reasons: Geraghty and Miller, lnc. performed a national survey, for tJSEpA Headquarters, of 68 groundwater contamination sites. The study revealed that 95% of the plumes of contamination were limited to within two miles of the source. Geragthy and Miller, rnc. performed an in-house survey of 73 more such item (a total of l4l sites) which also revealed that 95% of these plumes of contamination were limited to two miles from the source; The ICF Corporation performed a national survey, for USE?A Headquarters, of 159O RCRA sftes. ln this study, tCF found that gS% of the distances from the source to groundwater discharge boundaries were within two miles; A. SCHMUESER GOROON MEYEF, INC. 7. 9. 8. January 7, 1991 Mr. Mark Chain Page three Geraghty and Miller, lnc. performed a national survey, for USEPA Headquarters, of large groundwater pumping systerns (municipal water supply wells). This survey revealed that approximately 95% of these wells had a capture zone (i.e., zone of influence) within a two-mile radius.' According to County staff , there are approximately fifty residents in this general area. Most of these are farther away from the Town's wells but, nonetheless, can contribute to aquifer contamination. Given the above-mentioned facts, t concur with Mr. Bowman's concern over the potentia! for pollution of the Town of Carbondale's water supply. Continued proliferation of tSDS's in this area wil! severely curtail the Town's ability to expand the well field in the future. Certain steps can be taken to mitigate or lessen the risks associated with the development such as: Construction of non-discharging ISDS's, such as ET (evapotranspiration) beds using hypalon liners in lieu of polyethylene liners. Construction of on-site monitoring well drilled down gradient of the ISDS. Extension of Town wastewater facilities. I hope this information has been of use to you. I would be happy to follow up this memo or attend any public meetings as necessary. Sincerely, SCHMUESER GORDON MEYER, INC. Louis Meyer, LM:1c19218-17 Enclosurescc: Mr. Peter Ware Mr. Davis Farrar 10. 1. 2. 3. GORDON MEYER,INC. , },t I F\ a ORDER NUMBER: 90017232 i Q SEHEDULE A COMMTTMENT NUMBER: N/A L2, 1-989 at 7:45 A.M. ISSUED: AMOUNT oF TNSURANCE $ 400,000.00 R. NTESLANIK Contj nued on next Page 1. ., EFFECTIVE DATE: Deeember POLTCY OR POLICIES TO BE A. ALTA OWNERIS POLICY PROPOSED INSURED: PAUf. AND EELIA R. NIESLANIK ALTA LOAN POLICY PROPOSED TNSURED: AI,EX CRETON AND ROSE CRETON ALTA LOAN POLTCY PROPOSED TNSURED: $ 275,O00.00 c. D. 3. THE ESTATE OR INTEREST IN THE I,AND DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HERETN IS FEE SIMPI,E AND TITI,E THERETO IS AT THE EFFECTTVE DATE HEREOE VESTED TN: ALEX CRETON AND ROSE CRETON 4. THE LAND REFERRED TO IN THIS EOMMITMENT TS DESCRIBED AS EOI,LOWS: TOWNSHIP 7 SOUTH, RANGE 88 WEST.OF THE 6TH P.M. AII that. part of Lr:ts 1"6 and 17 of Seeti.on 34 and Lot 17 of Section 35 that lies north of the Denver and Rio Grande Railroad right- of wdlr exeept that part eonveyed to Garfield County by deea recorded December 2L, 1.925 in Book L42 at page 581 as Reception No. 93486. COUNTY OF GARFTELD STATE OF COLORADO PURPORTED ADDRESS: 04Bl ROAD l-00 B. OWNERS: MORTGAGEE: TAX CERT. $ 890.00 $ 50.00 $ 10.00 S'I'E\vAR.T TITLII OUARANTY C()MPANY ARSTRACT SURRENDER I a .- SCHEDULE B SECTTON 2 EXCEPTIONS j oRDER NUMBER I |OOL7232 ir THE POLICY OR POLICTES TO FOLLOWING UNLESS THE SAME THE COMPANY: COMMITMENT NUMBER: N/A BE TSSUED WTLL CONTATN F:XEEPTIONS TO THE ARE DISPOSEb OF TO THE SATTSFACTION OF' PARTTES TN POSSESSTON NOT SHOWN BY THE OF EASEMENTS, NOT SHOWN RY THE PUBT.,IC 1. 2. RIGHTS OR CI,AIMS OF PUBLIC RECORDS. EASEMENTS, OR CLATMS RECORDS. 3. DISCREPANETES, EONFLTCTS IN BOUNDARY I,TNT:S, SHORTAGE TN ARF:A, ENCROACHMENTS, AND ANY FAETS WHICH A CORRECT SURVEY AND INSPECTION OF THE PREMISES hIOUI,D DISELOSE AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 4. ANY LIEN, OR RIGHT TO A LIEN, EOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAETER FURNISHED, TMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. 5. DEFECTS, LTENS, ENCUMBRANCES, ADVERSE CLATMS OR OTHER MATTERS, IF ANY, CREATED, FTRST APPEARTNG IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE PROPOSED INSURED ACQUIRES OF RECORD FOR VAI,UL' THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COIVIMITMENT. 6. UNPATENTED PlINING CI,AIMS; RESERVATIONS OR EXEEPTIONS IN PATENTS OR AN ACT AUTHORIZING THE ISSUANCE THEREOF; hIATER RIGHTS, CLAIMS OR TTTLE TO WATER. 7. Any and all unpaid taxes and assessments and any unredeemed tax sa les. 8. The effect of inclusj,ons in any conservaDClr fire protection, soildistrict or incJusjon in any water area. general or specific water conservabion or otherserviee or st-reet improvement 9. Atl existing roads, highways, ditehes, utilities, canals,pipelinesr pow€rlines, telephone lines, wat-er lines and rightsof way and easements therefore established and or exist-ing as same may cross subject property. 10. Right of the proprietor of a vein or Iode to extraet and remove his ore therefrom, should the same be found to penetrate or intersect the premises hereby granted, as reserved in Uni.ted States Patent recorded July 21, L892 in Book L2 at Page L77 as Reception No. L4307 and recorded April 27, 1931 in Book 73 at page 189 as Reception No. 109769. 11. Right of way for ditches or canals eonstrueted by the authority of the United Statesr €rs r:eserved in United States Patent recorded July 2I, L892 in Book 12 at Page \77 as Reception No. L4307 and reeorded ApriT 27, 193L in Book 73 at lBatr(E19h.mf TITLE c (500M 10 89) Reception No. LO9769. Continued rrn next page GUARANTA COHPANY rEoS Eat - ?t3 F..i.--; ltar5 , -i -- i- F.d.- ,, ) .!j .".t..1i.. ;*- *rt -'J' --'-'1 't .Y'".-''.\-1. 1.' ,,.1 ,\- ,-. i:- - t-._. *.\i . t al.1 : t Il' i{il{-fl .'.. I a-aaa.tllaDa Ir nstc I I t-!Dlat IruDH $l;rL Dttr - Faltts" rla,ir a, t0 I 3txlrA xloxllY rrt GANNELD COUNTY COLORADO tllla Ii.'It' v #irlo r -r!.r4 .'^rl , ^-.! J \ tryrtlt' t .tt:2 ... \,t 1.\ .id. alat -.'.r' . I tt a I , I .tt5d \It t? --a\tGI t FlF t FtD \ r' ;i l' rnr r -:.*.: I /l l \ - i",, i t '. I'l aaltoaaa a.,fc atrla .' tt . t ' r .->-' i.'':4t'' - l"' .''-l' .' '