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HomeMy WebLinkAbout2.0 CorrepondenceSTATE OF COLORADO 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 Mr. Eric McCafferty Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 June 21, 1996 R JfLJ281996 RE: Ponderosa Subdivision SW 'A , Section 5, T 5 S, R 93 W, 6th P:M. Water Division 5, Water District 39 Dear Mr. McCafferty: GARFIELD COUNTY Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer We have reviewed the proposed subdivision application to create two single family Tots on 8.56 acres located approximately 8 miles northwest of the City of Rifle. The proposed water supply is to be provided through a shared well. On June 20, 1996, permit no. 46729-F was issued for the expansion of use of an existing well, permit no. 185364. Permit no. 46729-F was issued pursuant to a water allotment contract with the West Divide Water Conservancy District, and allows the well to be used for ordinary household purposes inside two single family dwellings, the irrigation of a total of 24,000 square feet of lawns and gardens, and the watering of domestic animals. Pursuant to Section 30-28-136(1)(h)(I), C.R.S., we believe the proposed water supply will not cause material injury to decreed water rights, however, there is insufficient information in the submittal to comment on the adequacy of the proposed water supply. As outlined in the statutes, Section 30-28-133(3), C.R.S., the subdivider is required to submit adequate evidence that a water supply that is sufficient in terms of quality, quantity, and dependability will be available to ensure an adequate supply of water. Adequate evidence is usually provided in the form of a water resource report, prepared by a professional engineer, which addresses the quality, quantity, and dependability issues. A report of this noturo was not submitted with the referral. The attached Water Supply Information Summary should be used as a guide in assuring that a complete water supply plan is provided to our office. Should you have further questions or comments regarding the water supply for this project, please contact Jeff Deatherage at this office. SPL/JD/jd cc: Orlyn Bell, Division Engineer James Lemon, Water Commissioner Sincerely, Steve Lautenschlager Assistant State Engineer SH No/MP/Side: 13A/010.280/RIGHT COLORADO DEPARTMENT OF TRANSPORTATION Local Jurisdiction: Garfield Dist/Section/Patrol: 03/36/36 STATE HIGHWAY ACCESS PERMIT DOT Permit No.: 396126 Permit Fee: 50.00 Date of Transmittal: 06/27/96 THE PERMITTEE; APPLICANT: Kenneth S. Rose Kenneth S. Rose 10286 Hwy 13 10286 Hwy 13 Rifle, CO 81650 Rifle, CO 81650 Kenneth S. Rose - (970) 000-0000 Kenneth S. Rose - (970) 000-0000 is hereby granted permission to construct and use an access to the state highway at the location noted below. The access shall be constructed, maintained and used in accordance with the terms and conditions of this permit, including the State Highway,Access Code and listed attachments. Till's permit may be revoked by the issuing authority if at any time the permitted access and its use violate any of the terms and conditions of this permit. The use of advance warning and construction signs, flashers, barricades and flaggers are required at all times during access construction within State right-of-way in conformance with the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES, Part VI. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. LOCATION: On the east side of State Highway 13, a distance of 1478 feet north from Mile Post 10; 10286 Hwy 13, Rifle. ACCESS TO PROVIDE SERVICE TO: PERCENT Single -Family Detached Housing (2 Each) 100.00 0 OTHER TERMS AND CONDITIONS: SEE ATTACHED SHEET(S) FOR TERMS AND CONDITIONS MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. By (X) Date Title Upon the signing of this permit the permittee agrees to the terms and conditions and referenced attachments contained herein. All construction shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation. The permitted access shall be completed in accordance with the terms and conditions of the permit prior to being used. The permittee shall notify Buck Shrader with the Colorado Department of Transportation in Craig at 970-824-5104 at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have ful authority to accept the permit and all it's terms and conditions. Permittee (X) -e if,L?, _c Desi Date 4/a2 -g ll cO This permit is not valid until signed by a duly authorized representative of the Department. DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO 4.„-- By (X) 4 Date 7- 3 -'26, Title Access Coordinator f' ��y (Date of issue) COPY DISTRIBUTION: Required; 1. District (Original) 2. Applicant 3. Staff ROW Make copies as nec Ssary for; Local Authority/ Inspector MTCE Patrol Traffic Engineer Previous Editions are Obsolete and will not be used CDOT Form #101 7/91 The following paragraph are pertinent highlights of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which Is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. I Appeals 1. Should the permittee or applicant chose to object to any of the terms or conditions of the permit placed therein by the Department, an appeal must be filed with the Colorado Transportation Commission within 60 days of transmittal of the permit for permittee signature. The request for the hearing shall be filed in writing and submitted to the Colorado Transportation Commission, 4201 East Arkansas Avenue, Denver, Colorado 80222. The request shall include reasons for the appeal and may include recommendations by the permittee or applicant that would be acceptable to him. 2. The Department may consider 'any objections and requested revisions at the request of the applicant or permittee. If agreement is reached, the Department, with the approval of the local issuing authority (if applicable), may revise the permit accordingly, or issue a new permit, or require the applicant to submit a new application for reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. 3. Regardless of any communications, meetings, or negotiations with the Department regarding revisions and objections to the permit, if the permittee or applicant wishes to appeal the Department's decision to the Commission, the appeal must be brought to the Commission within 60 days of transmittal of the permit. 4. Any appeal by the applicant or permittee of action by the local issuing authority when it is the appropriate local authority (under subsection 2.4), shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 5. If the final action is not further appealed, the Department or local authority may record the decision with the County Clerk and Recorder. 11 Construction standards and requirements 1. The access must be under construction within one year of the permit date. However, under certain conditions a one year time extension may be granted if requested in writing prior to permit expiration. 2. The applicant shall notify the office specified on the permit at least 48 hours prior to construction. A copy of the permit shall be available for review at the construction site. Inspections will be made during construction. 3. The access construction within highway right-of-way must be completed within 45 days. 4. It is the responsibility of the permittee to complete the construction of the access according to the terms and conditions of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included on the permit. The Department or issuing authority may order a halt to any unauthorized use of the access. Reconstruction or improvements to the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee is responsible for all repairs. 5. In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 6. A copy of the permit shall be available for review at the construction site. If necessary; minor changes and additions shall be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 7. The access shall be constructed and maintained in a manner that shall not cause water to enter onto the roadway, and shall not interfere with the drainage system in the right-of-way. 8. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the work shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. 9. Adequate advance warning is required at all times during access construction, in conformance with the Manual on Uniform Traffic Control Devices for Streets and Highways. This may include the use of signs, flashers, barricades and flaggers. This is also required by section 42-4-501,C.R.S. as amended. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of the permit. III Changes In use and violations 1. If there are changes in the use of the access, the access permit-issuing authority must be notified of the change. A change in property use which makes the existing access design or use in non-conformance with the Access Code or the terms and conditions of the permit, may require the reconstruction or relocation of the access. Examples of changes in access use are; an increase in vehicular volume by 20 percent, or an increase by 20 percent of a directional characteristic such as a left turn. The issuing authority will review the original permit; it may decide itis adequate or request that you apply fora new permit. 2. All terms and conditions of the permit are binding upon all assigns, successors-in-interest and heirs. 3. When a permitted driveway is constructed or used in violation of the Access Code, the local government or Department may obtain a court order to halt the violation. Such access permits may be revoked by the issuing authority. IV Further information 1. When the permit holder wishes to make improvements to an existing legal access, he shall make his request by filing a completed permit application form with the issuing authority. The issuing authority may take action only on the request for improvement. Denial does not revoke the existing access. 2. The permittee, his heirs, successors-in-interest, and assigns, of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. The Department shall maintain in unincorporated areas the highway drainage system, including those culverts under the access which are part of that system within the right-of-way. 3. The issue date of the permit is the date the Department representative signs the permit which is after the permittee has returned the permit signed and paid any required fees. 4. The Department may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or redesign the highway including any auxiliary lane. 5. Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the Department, with written concurrence of the appropriate local authority, to be reconstructed or relocated to conform to the Access Code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation; or at the expense Of the Department if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the Access Code. DATE: June 27, 1996 ACCESS PERMIT NUMBER 396126 - SHEET 2 ISSUED TO: Kenneth S. Rose TERMS AND CONDITIONS 1. Access is permitted as constructed. 2. If there are any questions regarding this permit, please contact Charles Dunn at (970) 248-7234. 3. This permitted access is only for the use and purpose stated in the Application and Permit. Recorded at Reception No. F: V.Z o'clock ,• �I. DEC WARRANTY DEED THIS DEED, Made this 2nd 19 94, between MICHAEL V. MILLER of the County of Colorado, grantor, and KENNETH S. ROSE day of DECEMBER OA Pee Recorder. and State of whose legal address is 200 WEST 20TH STREET, RIFLE, CO 81650 (P. 0. Box 1632 Rifle, CO 81650) of the County of GARFIELD WITNESSETH, That the grantor for and in consideration of the sum of ***TWENTY THOUSAND AND NO/100*** BOOrO924 DEC 06 1994 r GARFIELD State Doc. Fee 2•DD Cs1 and State of Colorado, grantee: DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed. and by these presents does grant, bargain, sell. convey and confirm. unto the grantee, his heirs and assigns forever. all the real property together with improvements, if any, situate. lying and being in the County of GARFIELD and State of Colorado described as follows: ALL THAT PART OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER (SW1/4SW1/4) OF SECTION 5, TOWNSHIP 5 SOUTH, RANGE 93 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING NORTHERLY AND EASTERLY OF COLORADO STATE HIGHWAY 13 as known by street and number as: 10286 NORTH HIGHWAY 13, RIFLE, CO TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents. issues and profits thereof, and all the estate, right, title. interest. claim and demand whatsoever of the grantor, either in law or equity, of, in, and to the above bargained premises. with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself. his heirs, and personal representatives, does covenant, grant, bargain. and agree to and with the grantee, his heirs and assigns. that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good. sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant. bargain, sell and convey the same in manner and form as aforesaid. and that the same are free and clear from all former and other grants, bargains, sales. hens. taxes, assessments. encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 1994 and subsequent years, U. S. Patent reservations, easements, rights of way and restrictions, of record The grantor shall and will WARRANT AND FOREVER DEFEND the above -bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF/ grantor has ex ted this deed on the date set forth above. MICHAEL V. MILLER STATE OF COLORADO Countyof GARFIELD The foregoing instrument was acknowledged before me this 2nd by MICHAEL V. MILLER day of DECEMBER My commission expires 04 /29 /98 Witnes • nd and official seal. G, .,' Commonwealth File No. 9410032 , i, -11).!::/, ,ota 'ublic 127 East 5.t. Street Rifle, CO 81650 RETURN TO: Kenneth S. RoS P 0 Box 1632 Rifle, CO 81650 1994 , 5oi ROM 5-12 Railroad Avenue Rifle CO 81650 r;IIED) 5. 15' 96 10:32/ST. : 24/NO. 3760310511 r 2 "1980 Post Oak Blvd. Suite G Houston, TX 77056 Addendum to Standard Flood Hazard Determination Notice to Borrower of Flood Hazard Status of Subiect Property Wednesday May 15, 1996 Borrower: Rose, Kenneth Scott Loan Number: Address: 10286 Highway 13 Rifle CO 81650 Legal Description: Based on careful review of available flood maps and related documents, the Flood Information Division of Mortgage Management Services, inc. has determined that the above referenced subject property IS NOT located in a Special Flood Hazard Area, as designated by the Federal Emergency Management Agency. Furthermore, the subject property has been determined to be located in a community that IS participating in the National Flood Insurance Program. Therefore, flood insurance IS available for this property_ For detailed information concerning the flood hazard stats of the above property, please refer to the Standard Flood Hazard Determination form. Acknowledgement of Notification of Subject Piroerty's Flood Hazard Status: Borrower Date Lender Official Date Borrower Date Lender Official Date DO DEPARTMENT OF TRANSPORTATION 4IGHWAY ACCESS PERMIT :E; SH No/MP/Sine: Gaff field County Local Jurisdiction: Dist/Section/Patrol: 363695093 DOT Permit No.: 395093 Permit Fee: 8_0_95 Date of Transmittal: Kenneth S. Rose P. 0. Box 1632 Rifle, CO 81650 highway at the location noted below. rmit. be revokeddby the issuing granted permission to construct and use an access to the state ig permit maymit. The use fined and used in accordance with the terms and conditions opt Is P ss shall be constructed, maintained access the at State Highway ;uof the terms and conditions of this pe ^ To Access Code and listed attachments• flaggers are required at all times during if at any ng a the permitted n signs and lashe s, barrricades and RAFFIC CC ce wn withi and construction sig I appointed A ag NIF and employees shall oe heL ld L •_wa in conformance with the MANUAL ON UNIFORM T exercise of the permit. .tion Part The State right-of-way y eft damage sustained by reason of the exe ,s VI. issuing for personal Department property andama duly >s against any action personal injury or prop Y Highway 13, a distance of 1073 feet north On the east side of 10286eHWy 13, Rifle. from Mile Post ID; ro PROVIDE SERVICE TO: Single family residence. TERMS AND CONDITIONS: See Attached Sheet. MUNICIPALITY OR COUNTY APPROVAL retains issuing authority. I when the appropriate local authority Title Required only Not Required U (X) agrees to the terms and conditions a d referenced f r finished shed w tme is containea s days from By Date permit prior to Upon the signing of this permit thecpermittee 9 expeditious and safe manner herein. All construction shall be shall in an exp _ ss shall be completed in accordance with the terms and conditions of 2 353 initiation. The permitted access Jame_= rnahan -- at 625 The rerrY itian shall r!ntify �.� pinc t�co� T Transportation in F{ hway right-of-way. way. the erm I it's terms The per Date access and have full authority to accept Permittee (X) d by a duly authorized representative of the Department. t, with r Department of Trans permitted with the Colorado Dep construction within the State h9 eft served by the at least 48 hours prior to commencing resentat:ve of the property son signing as permittee must be the owner or legal rms and conditions. t the permit and al This permit is not valid until signed DEPARTMENT OF TRANSPORTATION ,1 STATE OF COLORADO By (X) COPY DISTRIBUTION: Required'. 1. District (Original` 2. APplican•. Staff ROtk' Date (Date of issue) Make copies as necessary tor', Local Authority Inspector MTCE Patrol Traffic Engineer Title i Previous Editions are Obsolete a CDOT Form #101 7/91 PERMIT NO. 395093 1 Driveway shall be constructed 24 feet wide with 20 foot radii. Surfacing for driveway approach is required as follows: 24" of class 1 gravel in 2, 12" lifts; 6" of class 6 gravel in 1, 6" lifts. 2 Fill/cut slopes shall be at a 6:1 slope on the roadway and at 6:1 on the access approach. 3 Existing access shall be improved;no new access is permitted or authorized. 4 No drainage from this site shall enter onto the surface of the highway All existing drainage structures shall be extended to accommodate all new construction and safety standards. 5 Contractor shall follow the applicable construction specifications set for by the Department of Transportation in the latest manual Standard Specifications for Road and Bridge Construction. The property owner is responsible for any utilities disrupted by the construction of this driveway and all expenses incurred for repair. Any damage to any existing highway facilities shall be repaired prior to continuing other work. Compaction of sub -grade, embankments and backfill shall comply with Section 203 of the Department of Transportation Standard Specifications. The first 20 feet beyond the closest highway lane, including speed change lanes, shall slope down and away from the highway at a 2% grade to ensure proper drainage control. All excavations on utility lines, culverts, other trenches or tunnels shall meet the requirements of Colorado Department of Transportation, OSHA, Colorado Industrial Commission and the Colorado Division of Mines, whichever applies. The area around the new work shall be well graded to drain, top soiled, fertilized, mulched and reseeded. 6 Work shall BEGIN AFTER 8:30 A.M. and all equipment shall be off the roadway BEFORE 3:30 P.M. each day.