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HomeMy WebLinkAbout3.0 BOCC Staff Report 09.15.2003• • Exhibits Exhibit l (A to Z) A Mail Receipts B Proof of Publication C Garfield County Zoning Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000 E Garfield County Subdivision Regulations of 1984, as amended F Application materials G Staff Memorandum H Letter from the Colorado Geologic Survey dated 8/18/03 I Letter from the Colorado Division of Water Resources dated 8/7/03 L rf (2) Le414. I( 14 10 %d. Ise, 1.1���foy f it In, (AL NZ 24„ C2 u2 dr.A-r d LILq z -.4+4 /'w.e•Lt tL- - LT, d /64/11, Ck <<L 1-51- q-ri 044,J 2 /o 5.02 BOCC 09/15/03 FJ PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Preliminary Plan review for the Park Subdivision APPLICANT / OWNER: Diane and Greg Park LOCATION: 1213 County Road 112 WATER: Well / Shared Well SEWER: ISDS ACCESS: CR 112 EXISTING ZONING: A/R/RD PROJECT INFORMATION The Applicant, Diane and Greg Park, propose to subdivide their 6.8 acre property into two lots; Lot 1A having 4.28 acres containing the existing single-family dwelling and garage, and Lot 1B having 2.61 acres and containing an existing cabin. The property is located in the Missouri Heights area north of Carbondale on County Road 112. The topography of the property is characterized as a small knoll with slopes that range from 20% to 35% down to the west, north, and east. Vegetation on the property consists primarily of juniper / pinon pine and native grasses with a relatively small meadow on the eastern side which also contains an active ditch. At present, the property contains a single-family residence, 2 story garage, and a single story cabin. The lot was the result of an exemption from the definition of subdivision. The existing cabin was approved as part of a Special Use Permit for a "resort" in March, 2002 which is memorialized via Resolution 2002-20. As a result, access, dwelling units, water, and wastewater already exist. This request will allow the Applicant to draw a line across the property placing the two units on their own property. II. REFERRAL AGENCIES Staff referred the Application to the following referral agencies for comments. A. RE -1 School District: No comments received. B. Town of Carbondale: No comments received. C. Colorado Division of Water Resources: The Division stated the proposed water supply will not cause material injury to decreed water rights, however additional pump tests appear necessary. (See Exhibit I) D. Colorado Geological Survey (CGS): CGS inspected the site and structures and found no geologic hazards or conditions that would preclude the intended subdivision of the property. (See Exhibit II) E. Colorado Division of Wildlife: No comments received. 1 III. STAFF COMMENTS A. Zoning The property is located in the A/R/RD zone district. A single-family dwelling is a use by right in the A/R/RD zone district which allows for a minimum lot area of 2 acres. The proposed subdivision provides lots than are no smaller than 2 acres in size which complies with the zoning regulations. It should be noted that the Special Use Permit for the "resort" for the cabin will dissolve and the cabin and the primary use the property will revert to a single-family dwelling use. B. Comprehensive Plan The property is located in Study Area 1 in an area defined as "Medium Density Residential" which suggests a density of 6 to less than 10 acres per dwelling unit. The density of the existing lot containing two units is 3.4 acres per dwelling unit. The average density of the proposed subdivision is 3.4 acres per dwelling unit. C. Water Supply Water to serve the two newly created units is currently provided by existing wells. Lot 1A is currently served by a well (permit #232502) and Lot 1B is served by a well (permit # 79110) which is located on the adjacent property to the north owned by Kathy Weiss. The use of this well is governed by a Water Well Agreement that describes the ownership, maintenance, and costs responsibilities of each owner. Each party is entitled to a one-half interest in the well. The Applicant (the Parks) have delineated (on the plat) a well easement around the well (30' in diameter) and a line easement (15' wide) from the property owned by Kathy Weiss to Lot 1B. With respect to both wells serving the two subdivided lots as a legal source of water, the Division of Water Resources stated that their use will not cause injury to decreed water rights. (Exhibit I) Regarding physical supply and water quality, the Applicant provided a recent pump test for each well which included pump rates and water quality analysis. The pump test for the well serving lot 1A did not conclude that a full recovery was observed. The Applicant had the well tested a second time which resulted in a full recovery. The well that serves the cabin (Lot 1 B) provides an adequate water supply according to the well pump test which was reviewed by the Division of Water Resources (Exhibit I). Regarding the water quality testing preformed on both wells, they both tested fine for nitrites / nitrates, but both wells showed a presence of coliform. While the County requires a quality test be performed as part of the water supply analysis, the County defers to the Colorado Department of Public Health and Environment for water quality issues. Homeowner's Association / Covenants As required as part of subdivision, the Applicant shall be required to formally establish a homeowner's association (HOA) or other legal entity to administer covenants that govern ownership of water rights and maintenance of water systems serving all parcels within the subdivision. More specifically, the regulations (Section 4:91(B)(1) and (2) require the Applicant to describe 1) the nature of the legal entity which will own and operate the water system; and 2) the proposed method of financing the water system. 2 D. Waste Water Both the primary dwelling unit and the cabin have their own ISDS (Septic / leach field) systems in place and approved by Garfield County. Specifically, Lot 1A has an installed septic system (permit #21076.01) and Lot 1B also has an installed septic system (permit #1653). The Subdivision Regulations require an Applicant to submit a plan for maintenance and operation for all ISDS proposed within a subdivision in Garfield County. The Applicant has provided an article for the National Small Flows Clearinghouse (Fall 1995 issue, Vol. 6, No. 4) entitled "Pipeline: Small Community Wastewater Issues Explained to the Public" which is a guide for homeowners to maintaining their septic systems; it provides detailed information on how septic systems work and how to properly maintain them. The Applicant proposes to include this information in the covenants as the ISDS management plan to be followed at the discretion on the individual homeowner as required by the HOA. As part of the final plat, the Applicant shall draft the protective covenants to include provisions for maintaining ht ISDS on the individual lots. E. Floodplain The subject property is not located within any delineated floodplains. F. Soils/Geology The Applicant provided information regarding soils in the area of the property as well as an analysis of the geologic conditions /constraints on the property in a report completed by HP Geotch. The report describes the geology of the property as being located on a rolling basalt plateau to the north and east of the Roaring Fork River. The topography of the property is characterized as a small knoll with slopes that range from 20% to 35% down to the west, north, and east. Vegetation consists primarily of juniper / pinon pine with a relatively small meadow on the eastern side. The soils on the property consist of the following: Soil type: Empedrado loam, 12 to 25 percent slopes: This deep well drained soil is on side slopes and foot slopes. It formed in colluvium derived dominantly from mixed sedimentary rocks. The surface layer is loam 8 inches thick. The subsoil is clay loam about 55 inches thick The substratum to a depth of 70 inches or more is clay loam. Permeability is moderate. Available water capacity is high. Effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is very high. The report does indicate the potential of sinkhole risk on the property as in the area due to an existing sinkhole approximately 1,300 feet to the northeast of the property. The report does indicate this risk is low. Regarding radiation, the report indicates the property is not in an area that would have high concentrations of radioactive minerals in the soils. There may be detectable levels of radon gas in the area for which testing should be done in the buildings. It is their experience that levels in that area are typically low. The Colorado Geologic Survey inspected the property and "found no geologic hazards that appreciably affect the site. Hill slope grades are moderate. The underlying materials are 3 basaltic rocks and stable colluvial soils. We found no distress to the existing structures. We found no geologic hazard or condition that would preclude the intended subdivision of this property." (See Exhibit H) G. Road/Access At present, both units on the property have access from the County Road 112 by way of a 30 foot access easement that extends from CR 112 westward between the subject property and the adjoining property currently owned by Kathy Weiss. This easement is shown on the plat and currently recorded in Book 455 on Page 565 with a reception number of 261809 and has also been provided in the application materials. This easement has been in place since 1974 and continues to serve the same properties. The subject property is not the sole beneficiary of the private access easement as it continues on to serve several other properties beyond the subject property. Proposed Lot 1A and 1B have individual driveways to their lots from the easement. However, this easement may need to be modified to include the future owners of Lot 1A and Lot 1B as the nature of the parent property will be changed. This modification would allow the newly described lots be parties to the easement. Lastly, the Applicant shall be required to pay the traffic impact fee at the time of final plat for both Lots lA and 1B. H. Drainage The Applicant provided a drainage study conducted by Boundaries Unlimited, Inc which concluded "stormwater runoff from the site is presently divided into the Cattle Creek and Crystal Spring Creek drainage basins. Existing drainage patters (in the form of sheetflow) will be maintained and will not be adversely affected by the proposed subdivision or downstream properties." The property is not located in a 100 year flood plain. The property slopes in a northwest to southeast direction with significant slopes where all drainage would also flow in that direction. At present, the application did not include any information regarding the presence of drainage issues. I. Wildlife The Applicant did not provide any information regarding the presence of wildlife; however, on the site visit, Staff did see several mule deer on County Road 112 at the entrance to the subject property. The units and the access roads are already constructed so there would not be further impact to wildlife in that regard. Neither property was fenced allowing the passage of wildlife through the proposed lots. The Application was referred to the Division of Wildlife which did not provide comments. J. Fire Protection The property is located within the Carbondale & Rural Fire Protection District. The Applicant provided a "willing to serve" letter from the District in the application materials from Bill Gavette, Deputy Chief of the District, which stated "the property is located in the service area of the District. The property is served by both fire and emergency medical services. While not required, due to the heavy vegetation in the area where the dwelling units are located, Staff would encourage the Applicant to consider an increase in the amount of defensible space buffering around the units. Specific methods to improve defensible space can be provided by contacting the Colorado State Forest Service and reviewing their 4 "Firewise" materials regarding effective buffering or defensible space around structures. Refer to the graphic below for ideas related to defensible space. 1. Thin tree and brush cover. 2. Dispose of slash and debris left from thinning. 3. Remove dead limbs, leaves and other litter. 10. Reduce density of surrounding forest. 8. Trim branches. 9. Clean roof and gutters. 5. Maintain irrigated greenbelt. 5. Mow dry grasses and weeds. 7. Prune branches 4. Stack firewood away ! ''�,''�: if to 10 feet from home. above the ground. K. Vegetation The property's vegetation can be characterized by coverage of pinon pine and juniper which is typical of the area. The Applicant does not propose any further disturbance to the existing vegetation on the property as the improvements (dwelling units, access, and ISDS) are already constructed. Staff will require, as a condition for Final Plat approval, the Applicant work with the County Vegetation Manager to inventory the property for any noxious weeds and formulate a proper weed management plan to deal with existing and future weed control. L. Assessment / Fees Even though the improvements have been constructed on the proposed lots to be created through this subdivision, the Subdivision regulations require that all newly created lots shall be required to pay 1) traffic impact fees, 2) school / land dedication fees, and 3) the fire protection impact fee in this case because it is located in the Carbondale and Rural Fire Protection District. 1) School Land Dedication Fee: The property is located within the Roaring Fork RE -1 School District which requires a school impact fee or land dedication. This cash -in - lieu payment or land dedication shall be achieved pursuant to the calculation in Section 9:80 of the Garfield County Subdivision regulations. Specifically, this calculation is figured by multiplying the unimproved market value of land by the land dedication standards, then by the number of units in the subdivision. This fee shall be calculated at the time of final plat. 5 2) Traffic Study Area Impact Fee: As mentioned above, the property is located within the Traffic Study Area 11 which requires $384 per Average Daily Trip (ADT) generated per unit in the proposed subdivision. In this case, two lots are being created which generate 9.57 ADT for each unit. ADT generated from the newly created subdivision will produce a total of 19.4 ADT. The resulting Traffic Impact Fee is approximately $7,505.04. This fee shall be calculated and paid as part of final plat. 3) Fire Protection Impact Fee: The property is located within the Carbondale and Rural Fire Protection District. The Applicant shall be required to contact the District in order to properly calculate the fees. This fee shall be paid as part of final plat. M. Open Space The Applicant does not intend to create any or dedicate any open space as part of this subdivision. N. Phasing of the Development Due to the fact that all the improvements are already constructed, the Applicant does not propose any phasing plan. IV. RECOMMENDED FINDINGS 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Board of County Commissioners. 2. That the hearing before the Board of County Commissioners was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at that hearing. 3. The application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. The proposed subdivision of land conforms to the Garfield County Zoning Resolution of 1978, as amended. 5. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends APPROVAL to the Garfield County Board of County Commissioners for the preliminary plan request for the Park Subdivision with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Planning Commission, shall be conditions of approval, unless specifically altered by the Planning Commission. 2. The Applicant shall either provide a land dedication or pay cash -in -lieu for the required School 6 Impact Fees at the time of final plat. This payment shall be made to the Garfield County as part of final plat. 3. The Applicant shall be required to create an unincorporated Homeowners Association (HOA) which will outline the responsibilities of the parties as to the water rights, governance of the shared well for Lot 1B, governance of the management plan for the ISDS, and governance of the weed management on each lot. Proof of the established HOA shall be presented to the Planning Department for review at the time of final plat. 4. The Applicant shall be required to pay the appropriately calculated Traffic Impact Fee as well as any applicable impact fees to the Carbondale and Rural Fire Protection District. These fees shall be calculated at the time of final plat. 5. The Applicant shall inventory the property for any noxious weeds and provide a map and management plan to the Garfield County Vegetation Director for approval for any weeds that are found on the property prior to the submission of the Final Plat. 6. The Applicant shall provide the following plat notes on the final plat as well as provide them in the Covenants, Conditions, and Restrictions: A. "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations." B. "No open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defied by C.R.S. 25-7-401, et. sew., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." C. "All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." D. "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." 7 E. "One (1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." VI. RECOMMENDED MOTION "I move to APPROVE the preliminary Plan request for the Park Subdivision with conditions." 8 COLORADO GEOLOGICAL SURVEY Department of Natural Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone (303) 866-2611 RECEIVED FAX (303) 866-2461 AUG 2 6 2003 GARFIELD COUNTY August 18, 2003 9UILDING & PLANNING STATE OF COLO Mr. Fred Jarman Garfield County Department Building and Planning 109 8t Street, Suite 303 Glenwood Springs, CO 81601 RE: Park Subdivision geologic hazards review Dear Mr. Jarman GA -04-0002 NATURAL RESOURCES Bill Owens Governor Greg E. Walcher Executive Director Ronald W. Cattany Division Director Ronald W. Cattany Acting State Geologist Thank you for the land use application referral. At your request and in accordance to Senate Bill 35 (1972) this office has reviewed the materials submitted and conducted a site inspection on August 14, 2003. The proposal is to subdivide a parcel of property into two lots, one with a primary residence at the top of a small hill and another with a pre-existing cabin on the slope below towards County Road 112. From our understanding, both structures have water wells and ISDS. Please consider our observations and recommendations in your review of this land use application. We have inspected the site and find no geologic hazards that appreciably affect this site. The hill slope grades are moderate. The underlying materials are basaltic rocks and stable colluvial soils. We found no distress to the existing structures. We find no geologic hazard or condition that would preclude the intended subdivision of this property. If you have any questions please contact this office at (303) 866-3551. Sincerely, Jonathan L. White Senior Engineering Geologist STATE OF COL OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 www.watenstate.co.us RECEIVED AUG 11 2003 August 7, 2003 GARFHELD COUNTY Fred Jarman BUILDING & PLANNING Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Dear Mr. Jarman: EXHIBIT Re: Park Subdivision, Preliminary Plan SE'/4, SE 1/4, Sec. 14, T7S, R88W, 6th P.M. Water Division 5, Water District 38 Fes/ F ,'90 cn lI 7 0 1876 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer We have reviewed the above referenced proposal to subdivide 6.81 acres into two residential lots of 4.28 and 2.61 acres. Each lot is proposed to have one single-family dwelling. The water supply for the lots is to be provided by two wells. Water use estimates and well permit numbers were not provided. Sewage disposal is to be through individual septic systems' Review of our records indicates that the wells with permit nos. 79110 and 232502 appear to be the wells plotted on the provided plat. Permit no. 79110 is for a shared well (see attached well sharing agreement) and is permitted for domestic use and the irrigation of not over one acre of lawn and garden. Permit no. 232502 is limited to drinking and sanitary facilities as described in CRS 37-92-603(1)(c) for a commercial business (bed and breakfast). Water from this well shall not be used for lawn or landscape irrigation or for any other purpose outside the business building structure. So long as the intended water use is within the permitted uses, these wells may be used to supply the proposed development. A well test completed for the House Well (permit no. 232502) on Lot 1A by the Samuelson Pump Co., Inc., indicates that the well produced 16.66 gallons per minute over a 4 hour period on June 19, 2003, that the drawdown was 64.1 feet and that the 68% recovery occurred within 90 minutes. This information indicates that at the tested rate the pumping water level may reach the bottom of the well in less than 9 hours of continuous pumping. Since the well was not observed to recover to the original water level, additional information and/or testing is necessary to determine if the water supply will be physically adequate. A well test completed for the Field Well (permit no. 79110) on Lot 1B by the Samuelson Pump Co., Inc., indicates that the well produced 13 gallons per minute over a 4 hour period on June 19, 2003, that the drawdown was 1.17 feet and that the 100% recovery occurred within 60 minutes. With adequate storage capacity this well should provide an adequate supply for the proposed use. Pursuant to Section 30-28-136(1)(h)(I), C.R.S., it is our opinion that the proposed water supply will not cause injury to decreed water rights. However, the information provided Fred Jarman August 7, 2003 Park Subdivision concerning the House Well does is not conclusive in regards to the physically adequacy of the water supply. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Dick Wolfe, P.E. Water Supply Branch Enclosures: Well Permits Well Sharing Agreement DW/CML/Park.doc cc: Alan Martellaro, Division Engineer Bill Blakeslee, Water Commissioner, District 38 WRJ 5-? 1-•. Application must be complete where applicable. Type or print in BLACK INK. No overstrikes unless or erasures initialed. COLORADO DIVISION OF WATER RESOURCES 101 Columbine Bldg., 1845 Sherman St., Denver, Colorado 80203 PERMIT APPLICATION FORM ( ) A PERMIT TO USE GROUND WATER ,N) A PERMIT TO CONSTRUCT A WELL FOR:) A PERMIT TO INSTALL A PUMP Cin ( ) REPLACEMENT FOR NO ( )OTHER �GE6 vo5 11- ryEER sl coo. • (1) APPLICANT • mailing address NAME. n, £' Dex) STREE�T�44 g4�jV/�77 t,Qt%Il/! 1ei2 ^)/2. CITY egg 4N 44 (state) oke , �)C �tj TELEPHONE NO 9 ‘3 4112 (2) LOCATION OF PROPOSED WELL County s. e• % of the 5' t %, Section / Twp. 7 $, Rng. ___a__ W. 1 TX P M. (3) WATER USE AND WELL DATA Proposed maxirhum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): 1S 4. uted ton Aquifer ground water is to be obtained from: 1�95L 7 0 kn lQP-�} IQoC,r�t� Owner's well designation tp. D•f%t17P.0 GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY • no irrigation (0) ((/) DOMESTIC (1) ( ) INDUSTRIAL (5) ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( I OTHER (9) (4) DRILLER Name M000 M.)4) CehL; nV Street soba Cot 10TeQ 1 /3 City O $o) 04 4 e ce(l a . Lip) 0,23 (State) Telephone No. Lic. No. I / 7 FOR OFFICE USE.JNLY: DO NOT WRITE IN THIS COLUMN Receipt No Basin Dist. CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 'APPROVED FOR DOMESTIC USE, INCLUDING Trit IRRIGATION OF NOT OVER ONE ACRE OF HOME GARDENS AND LAWNS. PERMIT EXPIRATION DATE EXTENDED ONE YEAR TO MAY 16, 1979.'2/45 APPLICATION APPROVED PERMIT NUMBER '79110 DATE ISSUED MAY 16 1975 EXPIRATIO TE MAY 16 1977 APO:4;4 BY !t" ' ,"�s (STATE ENGINEER) ID 5r - .3F COUNTY 1 1' (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. E4---1 MILE, 5280 FEET --}i f -I- +-}- 1 NORTH SECTION LINE z c 1= U W w W 1 1 ---I--_--_+__ ISee I ) X 1 H SECTION LINE m -.{ m O 2 r z m 1--+-I- -1-- A- 4 -1- 4- - ---- --}---}--+--+_ —.+ —4 - The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATED BELQW by distances from section lines. 7 79 ft. from .So ' i - sec. line •r south) Q 73 ft from for (east orwoar.4 LOT_ BLOCK FILING # sec. line SUBDIVISION (7) TRACT ON WHICH WELL N.L.L BI~ LOCATED Owner/ D. 410 it) I) ev No. of acres 9 . Will this be the only well on this tract?yeeS (8) PROPOSED CASING PROGRAM Plain Casing ‘i in from ft to •2C9 ft ed in from ao ft to a 0 ft Perforated casing �L in from /g0 ft to A" ft in from ft to ft. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLSgivedistance and direction from old well and plans for plugging it: (10) LAN ON WHICH GROUND WATER WILL BE USED: Owner(s): RU,P4• Legal description. see- 477*0 h 110 No. of acres. (11) DETAILED DESCRIPTION of the use of ground waterr:Household use and domestic wells must indicate type of disposal system to be used. rlo se 1.4eid ed/CA4._4% c#40, Sb STei 4 (12) OTHER WATER RIGHTS used on this land, including wells. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STAT ter•, AT THE INFORMATION SET FORTH HEREON IS TRUE je THBESTH Q'y1i LEDGE. S/GNA T -' OF APPLICANT(S) Use additional sheets of paper if more space is required. 1 046-72 THIS FORM MUST BE SUBMITTED _WITHIN 60 DAYS OF COMPLETION OF THE VtfORKDESCRIBEO HERE- ON. TYPE OR PRINT IN BLACK ' INK. WELL OWNS ADDRESS DATE CO COLORADO DIVISION OF WATER RESOURCE 300 Columbine Bldg., 1845 Sherman St. Denver, Colorado 80203 WELL COMPLETION AND PUMP INSTA)_L TIO R PORT PERMIT NUMBER 1 [i 1260 ry ,C.E . 6o /0 PLE 74 LE7ED p WELL LOG 4/ % of the T. 7 ,R. 19 7/ HOLE DIAMETER n from C> From To 1 S. Type and2ColOr of Material 6 UES' : -c Keefe ,/ Water Loc. Use a TOTAL DEPTH /� dditional pages necessary to complete log. i in from % of Sec. / rf 2 L in from DRILLING METHOD CASING RECORD: to /Aft. to ft to ft. PM Plain Casing Size&kind ,t6--//84 ` & from to /-75-ft Size kind _ from to ft Size& kind from to ft. Perforated Casing Size v--.. " & kind .SOfrom /0-6- to ___ ft Size & kind from Size & kind from GFtOUTtNGORD Material E Intervals ( c; to to ft ft Placement Method 0 Le. GRAVEL PACK: Size t nterval TEST DATA....../, Date Tested- ,197z Static Water Level Prior to Test //O ft Type. of Test Pump .deg, /7 Length of Test - Cc.D7- AeS Sustained Yield (:Metered) Ficial, Pumping Water Level J'/O 1 PUMP INSTALC.ATION REPORT 'ump Make type 'owered by HP 'ump Serial No. Motor Serial No Date Installed Pump Intake Depth Remarks WELL TEST DATA WITH PERMANENT PUMP Date Tested Static Water Level Prior to Test Length of Test Hours Sustained yield (Metered) GPM Pumping Water Level Remarks • j • • • 3 WATER v ta > TABLE i— N CONE of DEPRESSION CONTRACTORS STATEMENT The undersigned, being duly sworn upon oath, deposes and says that he is the contractor of the well or pump installation described hereon; that he has read the s ent made hereon; knows the content thereof, and that the same is irue cif pjyyidc d t r c Signature�,cd License No el? State of Colorado, County of �.57,e;c f"F2/) SS Subscribed and sworn to before me. this 6' day of ../x//44,9, /./ 197_7_ My Commission expires. Notary Public 19 FORM TO BE MADE OUT IN QUADRUPLICATE: WHITE FORM must be art original copy on both sides and signed. WHITE AND GREEN copies must be filed with the State Engineer. PINK COPY is for the Owner and YELLOW COPY is for the Driller. Form No. GWS -2 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 GREG & DIANNE PARK 1213 COUNTY ROAD 112 CARBONDALE, CO 81623- (970) 963-8143 PERMIT TO CONSTRUCT A WELL 1095 WELL PERMIT NUMBER 232502 DIV. 5 WD 38 DES. BASIN MD APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 14 Township 7 S Range 88 W Sixth P.M. DISTANCES FROM SECTION LINES 800 Ft. from South Section Line 1200 Ft. from East Section Line UTM COORDINATES Northing: Easting: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) and the policy of the State Engineer for appropriation of ground water tributary to Crystal Springs and Roaring Fork River system. 4) The use of ground water from this wet is limited to drinking and sanitary facilities as described in CRS 37-92-602(1)(c), for a commercial business, Bed and Breakfast. Water from this well shall not be used for lawn or landscape irrigation or for any other purpose outside the business building structure. 5) Approved for the change in use of an existing well, permit no. 79109. The issuance of this permit hereby cancels permit 79109 (79109-A). Any and all other existing wells located on this parcel of 6.81 acres must be plugged and sealed according to the Water Well Construction Rules within ninety (90) days of completion of the new well. The enclosed Well Abandonment Report form must be completed and submitted to affirm that the old well was properly plugged and sealed. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) The maximum annual amount of ground water to be diverted by this well shall not exceed 1/3 acre-foot (108,600 gallons). 8) Approved as the only well on a tract of land of 6.81 acre(s) described as SE1/4, SE1/4 section 14, twp. 7 south, rng. 88 west, 6th P.M., Garfield County, reference attached exhibit "A". 9) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 10) 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. 11) This well shall be constructed not more than 200 feet from the Location specified on this permit. NOTE: Parcel Identification Number (PIN): 23-2393-144-00-189 APPROVED SAP Receipt No. 9500534 State Engineer DATE ISSUED APR 0 5 20 c By XPIRATION DATE APR 0 5 200 —i WELL CONSTRUCTION AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEERREGE�\?E"0 FOR OFFICE USE ONLY 9 5-OD 53Y , 1. WELL PERMIT NUMBER 232502 3 7°12. Owner Name(s) : Greg Park Mailing Address : 1213 County Road 112Rtis City, St. Z1 h' p : Carbondale, Co. 81623 Phone (970) 963-8143 UG P W$AiI; ,61 a •tn cAtp. APPROVAL#GWS31-91-03 3. WELL LOCATION AS DRILLED: SE 1/4 SE 114 Sec. 14 Twp. 07S Range 88W DISTANCES FROM SEC. LINES: 800 ft. from South Sec. line. and 1200 ft. from East Sec. line. OR SUBDIVISION : LOT BLOC FILING(UNIT) STREET ADDRESS AT WELL LOCATION : 4. GROUND SURFACE ELEVATION ft. DRILLING METHOD Air Rotary DATE COMPLETED 06/15/01 TOTAL DEPTH 398 ft. DEPTH COMPLETED 398 ft. 5. GEOLOGIC LOG : 6. HOLE DIAM. (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 40 000-220 Volcanics 6.5 40 398 220-398 Maroon Formation 7. PLAIN CASING OD (in) Kind Watt Size From (ft) To (ft) 7.0 Steel 0.240 -1 40 5.5 PVC .250 38 305 PERF. CASING : Screen Slot Size : 5.5 PVC .250 305 398 WATER LOCATED : 305+ REMARKS 8. Filter Pack Material : Size : Interval : 9. Packer Type : Depth : Placement 10. GROUTING RECORD : Material Amount Density Interval Placement cement 5 sks 16 gal 10-40 poured 11. DISINFECTION : Type : HTH Amt. Used : 5 oz. 12. WELL TEST DATA : [j Check Box If Test Data is Submitted On Supplemental TESTING METHOD : Air Compressor Static Level : 251 ft. Date/Time Measured : 6/15/01 Production Rate Pumping Level : Total ft. Date/Time Measured : 6/15/01 Test Length : Remarks : : 10 gpm 2 hrs. .13.I have read the statements made herein and know the contents Ihexeof, and that they are true to my knowledge. (Pursuant to Section 24-4-104 (13)(a) CRS, the making u m the second degree and is lshable as a class 1 misdemeanor.) CONS ACTOR : She ton Drilling Corp. Phone : (970) Mailing Address : P.O. Box 1059 Basalt, CO. 8 Lic. No. 1095 of false statements constitutes 927-4182 Name /Title (Please Type or Wayne Shelton /President Signal I Date 07/06/01 ORIGINAL - Alt. 24 'O0.. . 'AM! Cii HESOUHCES .' ' $TA.F;C ENGINEER ' ci;ENWOOQ • RECEIVED:- AU6.2 8 2000 •`' wATEvi iiE5ouhcEs 'STAT OtO+HE6i' ' • i � 'rl�,hil6 f � j,.; fp''1 riifS'agree,*ent,rnade and entered into this 5iT�'' ,•;say 1. cA.: • �•, ' i ,.y �••,.t �i )t SAUNDERS, (hereinafter referred to as'•'f r' ,'1 1.: '144 '"i'i irat. party )'Nand':: _��' r,, lib: : SUZANN L. RESNXCX and ROBERT RECUtS1CL :•(hereinafter;=Yafeired 1"y. p.. j'r ,.. Li.L fix 4 . „,:;r to as 'second parties") ,' WITNESSETH i + i :t' ..• ..0,;-44� f7� „,3tiY�>4 •y�+ey}9iy • J • wMEREAS, by deed of even date:helrewith; first-partyihaa•j��p" • ` s �y: conveyed to second parties 6.$1 acres, more ,Pr. iebap'al:::,, .,�fk4,t �' l;*�. described on Exhibit "A' attached hereto' and'incorpera' '`' " ,; .4;'�1` • � _ :.�'''1°.f.' .id�,� M herein by this reference/ 'and ! •' . ".:,, i 4� ',ti:'+'1,' 'r,r��, yt ` icjr�i• WREREAS, first party has retained and -is nevi `tha'amer>l�'!'r ='fir'' a' '. .:. : ,.: r"'r.•:.;CT. F 'l j�R" 'i4 of that parcel of real property described`on ExhibIt;.�'8!'r j„ii" d`' �4 and '',.+r ••; sk....„4-,•,yuc�:. q; • 4:•r'• i. ,:*; :. WHEREAS,. first party, has drilled and construotedya T.:1;,,,,�• ;fS-,��p")' : domestic water well on said retained paroel;' •which'iwell; i.: ,,t �.._g• :i described in Eermit $79110 issued by the Colorado Department`: 4 lk ,...i • ''''''V''.:: • ., ..*:‘,63,:$ 4. of Nater Resources on May.16, 7.9T51• and • ::r'':.;-:,., ; i`.ilr;..' -.-,44 Ix, '.....6 i.1 ,} of December , 1979, by and between MARGARET H_: , 'regard to'the,ownerehip:af the water rights•-in'aaid wall:and'4:, the sharing of tha water therefrom and -the maintenance and," operational coati incurred in.conneetion with.sald'Wel},.;and now 'wish 'to reduce their agreement to writing. NOW,' THEREFORE, for and in consideration of, the Yc,ovenan:Viri.$i -11 and agreements herein contained, the parties hereto hereby.?:' •i'� • agree ae follows: 1. Water'System Ownership: The•above described•water.: .:psi well to be utilized under• said •Permit• 179110, together,5i!•Lti', the water and water rights appurtenant• thureto and ,the pump and related equipment necessary to produce water from said '•: • well, shall bo owned ,equally,: (each as to an undivided one- r half interest) by •firat.party:and second parties. The -parties: shall equally share. the cost of installing a pumpin .said' •:�'. well, which pump shall. he installed. upon the issuance of e •:• • _• r .1 i'ir . 1J • .,r t��J• is :.i • • • oj••'1ri b • • li �r• K site /07 2-i REC1...JV AUG WOO WArFR RESOLiri6&S'. STA rE ENGINLkR• • -(1LE.1y0t0430 • building permit ...WC either of the oe adequate size family residence The partie8 for the construction of a residential structure•, pua.p' shall ; Of a eingLe:.;r , ;:.;:j4; above referenced parcela,.and said to supply the domestic water needs on both of said parcels.'•` • shall each bear the cost.of tnetalling water ' • f•,; supply linea from said well to their respective propertis'..and:,'. shall bear the.cost of installing and operating 'water.`storage:and,( other facilities in connection with their utilization of 'aid r, water on their respectivepropertiee.; h '' 2, Maintenance raaement.. By deed of even date,herewlth,' first party has granted to second partiei'an sasement;and right': • of way for the installation and maintenancelot said well, pump.,.Y% and water supply line to almond parties' above described property..; 3. •Nater Meters. The owner or owners of each of the above'.... 'described parcels'shali, prior to commencing use of water from said well,.install a.volumetric water flaw meter On their property for the purpoee of meaeurirq the water delivered of said parcels from said well. reepectPve* to each 4. Water System Maintenance. The 'parties hereto or their';:,i successors' in interest to acid parcels, rha11 equally share the . ' costs and expense of maintaining the water well, pump and related equipment necessary in the production of water from said well for':;. ,.i e• r•!at:�k its common use. on .said parcels, . 5. Operational Costa.', The monthly cost of'operating the water pump and water delivery system as above described, including. electrical expenses, eha11 be apportioned between the partiea,on:' " thebeeta of the each parcel from volumetric water Percentage of total gallons of winter received err."' sr said well as measured by,the above described_ flow meters. • :.r: • d.• Disconnection From Water Supply. In the event the owner or owners of either of said parcels desires to discontinua the use of water from the above described well,.sugh owner may disconnect•from said well and. upon giving written.notice of such•• disconnection to the owner or owners of the other parcel, end upon. conveyance of the disconnecting owner's intere't in said well and water rights therein to.the owner of the other parcel, said disconnecting owner shall be relieved of any further obligatinn • • • RECEIVE ir. }v; : y. "'� 'rs �, nrl 44 to pay the ;coat,ot maintaining and operating netd well and pump/. •• provided,.however, such disconnecting owner shall remain tally ,.:•;v ;'.....14,a;ble',fer; •hid:'ahare of •�L.rr �;r: :rinobsred 'pri'or: to:such,•discanne Y ,�i •' .:..� ,.� r.: r, •, ... , •, coon?;and such idigeonn•Ietinq '` 24 5 �'.•,,:p,mez..ahell not; thereafterbeallowed to reconnect aid well) , • „ to a is fC: . !,without,hav}ng'ti'first{obtained the'riritteci consent of the owner or. �fA.F SFS . :� + i +': . Ownexr,o! the: btirr arcel linin • :I' • L .then utilizing said•wal . .1.14.E CKID • .•i� .,. f JAt ,.. ' ' ;, -' ••' ' r ,,•t•-• ; • • , 9 1. In the ' .;tevsenh e.f.ith•,e• disconneetion• by the owner or owners •of a'pareel•:f,T ,e:;f.a;�>,�,,a',.,;:1 ,•: .• •=4+�t?�}�' Well'Aa•rov1dedin,thia paragraph, the. maintenance •'i and=� ! ; ,:i::� "s.;^operational expenses.' thereafter incurred in 'connection with said: .• ;;'wei arid.�water systeinsha11 be borne try.wne a :?' . i • .. ^••.:r! ;::: . the owner . x of .i: 7 fv� "s`'r'•��' r, r arceluC111xi r, ._` ' r;' +t[1 t_•8: F rI nY•. hl ,alae. :':'•' .. 1 ^, '„• • . '.•5 • AUG A;,'S '•64V°,�-*j.F�::. '.4•:• .• -Y...1' .. . • , ;f..,,•01. ��jj : d:e ,% wf� (. A VI, Pia' meat of: Common 'Enemies: :.r. �l 8 2080: , ,Ni•,. ti,,,,:tii. ,Y.-?, 1�: X';. xP hrty' costs expenses 'to . ;4i� :;s;'w+,�'��;--e�paid..by, the'. oaner••or owners: of al property, %:::.. ^..,.a'.;r.::,:, ,• the re p perLY, the aubiecx.I •'. '' .5 _ ,. ST4�F}E5ur1MCE5 s/ ;��; LLx�"�1'0 thisl,greement,-ah:rll be • a • :.y;.� .f;�,'•„ . p id by ouch owner 'or owners within r,15. days',after"riceiv V ing'notice of such t` ' :sf y.1� r •• w coal o e:�t r: ;r, xi.:L.;i„: e : .-4 r Qxpenae. 7[n the .,. si :1,- {ri q an'.ownei`�fails'to'pay any••such coat or c ens .t ����J+�,�ti7:ap:t1��"''+�;'f :rx -.: .d:'.. xp 6`withln said : •y;;I I ;•.'15-dsy'•period, :the_owner'or owners' 'Of the other parcel, having ' ' C +=tiu+` } %t •` �rpaid.thelr share of any auch expense, may discontinue the supply `;; .. '' ,.':?.V it rr:,.. r y'i- •••-. • . `ofl Mate rho ,such non^►laying. owner or camera until payment 1s ,•y. 4.receiveCendwmny,ei excise such other legal 1�,c:�,�.yz's=...e;5•• ^ 4 and equitable remedies ^t: 1111r'a"Aia availahle to enforce the said ;.r5ti ,„,,,,:..r•i:,.;". .. Payment. Any provisions ,fi - 5 ,�.,lheret;ltpto, the 'contrary notwithstanding Any coat or •expanses •'k' is: Masai ecrt.:ursuan• t''to,.thls agreement, nt, together with recording i„tfas+i.aurC.eosCs • and, reasonable. attorney's fees incurred in the; reorl'it4Eion �thar ''shall be and become .ay ,w, sof,. _ oma n lien a aY ' it,.`il: t�(':^r�' iii M#i'''' "e; } ,,:: ti . 4 hat the _,1. - (Th+? 40f"iil,l paiiri�j owned by .the non-paying owner or owners • o' „;iw`i'v'F1G1 ^'�•fl ';Covennant Running with Land. The terms and condition' Cr:;i, a' ?"4Y •,.., n tions "Ofthiszegreement';shall ;be covenants running j,5,.4 .�!!�*=�fx••'S•. •': ;: g with the real 4 ph p rCykhereiriabovd.described,• and shall c .''� �y '9q�}; M ar' •�,,,t .,. ,, continue !.n lull Lorca' • r. i .'iF.t'fr,� and: e,L1acE; until, amended or terminated bywritten i a:ss'•'4.•,L..513:tr ,.:,.+•_k:;:.; .. n instrument i' ' >•i"vi' r•'• I �' 49:1 . t,axecutedsby,`all: of• fthe owners of said real property.: • 'y pN', . 2't 1'r. r f. '• r�- • . ,• • iL ii • .cyf fir z3 RECEIVED AUG,,24 O. 0 • WA1 F 11..RLSOLER,CLS, 57 A 1E -CLEPAVVIODU 0 : • • • , •. REEVED :• AUG 213.2000...., • •- WafEkNESKJUSCES • STATE 6k4ONEERCOLO. ' • .„. • • • • • • ...., • 1 . ., • • • 47 149 .9.• Notices.. NOtice as hersinabOve required shall. be deemdelivered upon being plated in the United States Hail, postage prepaid, Arid bearing the addreasi of theowner or owners of said property as shown in the records of thei office of the assesaor of Garfield County, Colorado. • • Binding Effect. This agreement shall be binding - upon And inure to the benefit of the reapective • : succe%7Ors and asigns of the parties hereto. ' STATE OF TEXAS } ) SI. COUNTY OF EU" ) • . ' . , zlez,....1=1n,d3.;;;Ir,nbytomah re qf ao rr se t m this of . • 0 ,• ; y Margaret t Saunders • • • siAZAri Resn c ert .LI ..• witness my hand and official Seal. My commiasion.expires! / /19 Nopry Public STATE OF.cOLORADO ) sa COUNTY OF CARFIELO ‘177).4-::.............-}7:.;.;.,::f.:1...,:::1•1:.:.:12::ri. ..: A • day Of RequiSkii-r:L, ; ...;:...,)'? - .i ••,.....: :•; -.4. hiS;fig .......:1:''. . .,.: f,.,...1. .i.„..40•,,,ti '11 4.-i 0 1 .. , .!,/... '''. .''.'• ? -‘..0 o• ::- ,•: .: .....A.,0.. .:,....L.,.J....!:::,..„.• ... 11 . .' • ',,f' 4 a l;'i .-.1 '• ' /I ',011 I Subscribed and sworn to before me thii. Dn.,.f 1979, by Suzann L. Resnick And Robert Witnesa my hand and official seal. My commission exPires:4•934?- at!, Otary Pu1ic • • September 12, 2003 1:21 PM From: Thunder River Theatre Company • Fax #: (970) 963-3019 • September 12, 2003 To: Fred Jarman From: Lon and Debra Winston, 1266 County Road 112, Carbondale, CO 81623 Re: Parks Request for Subdivision on Rd 112 It has been brought to our attention that there is a request to subdivide a parcel of land below our house on County Road 112. There are many of us up here who are very concerned about dividing land that would allow any more construction, especially the impact on well water. We went through this before when we fought the Pinyon Peaks development and their project was limited considerably because of the same concerns. Cathy Weiss of the Crystal Springs Ranch has already had a well run dry. We are all in the same water tables. It is also my understanding that there is a limit on the size one can subdivide - I believe it's four acres. We are very much against any subdividing of acreage that would impact the good and welfare of those of us who live here - especially small parcels being subdivided into even smaller ones. There needs to be a limit on how small a parcel can be and on digging future wells in this area, or how many homes can pump of an existing well. Thank you for your consideration in this matter. For Lon and Debra Winston EXHIBIT D j ID: • T: F/02-er° SEP 14'03 16:23 N 1-r-77/ 4*Q.4,-?, iCkdr4 ftU'1 s rr lie" r -% �r�- 6f 44W1---/ C er,OV./ of,:4 • EXHIBIT 1 K 03 7- . , w 0 t . & 7 ..4-e,,,e,r• Le ,,,0 /1,L,&c,S / 277 !,- ,1[/L.4,0 -,e -go /&.e a-eii,, ,m.dlc I- A - 3 .4brzu- - 7a --)u. e�-- /1 °`-4--e rt.. a) -e a, tee . t sVgiV-4 G21/t/ 7'eW0/1 411e4 vi-z)fc/Z(47-. /'QZ6 0.` 09,'15/2663 03:38 9633110 SHIRTSTOP • • I.� , oven 0(inf OD CO 6c) nikarS (rv7Q\QJE az_ --;-c, ooc.e._, m ecnczerk OUQ.,1_41e.Q___ !a .. -6aIvo •' Ckr a Q&'s • acs r - �4 J k 2 , � a 6acd\c)\. • 0' T \C)o \ V;u4 u,p5 -V- --b 00 \--4\0___ f uu-c, c-Lciu2-r Cac> U•)DU - I b - -\ of r.os . vJ C• Q.1 -r 4- ai k.u-s Q--› u\-).0[-- .. .-- agskJ;cr.(2__ prcc.(2,k ri'°#-(-(2. I clop* \A, rw2cL3- (s op„,,s2___ 0,s -±,,,,t. _c_ -k.* 34 4 a_ vc .s mrd 00 aOd ukrce ,,,x_A\ 4,4,v3u.i JAA4-t-,0" dJIL 5 _-\-c_ R.*3 dui\„A \cfaff& -LA-y--Qa\si__ -\-atfLQ- c--c`‘(\7 7 T _c-. 0\ocsk,Ncy VA,(3i mur_k__ mD62*--aibcri,-\4\Q_ CO- IN'V_ 1, cb..y� AoL_ -\\Q.,J(L6c032,e(y-, J4b CoLE (1)o,LA2—