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Home My WebLink About3.0 Staff Report BOCC 12.04.06Exhibits for Public Hearing held on December 4,2006 ,,,Exhibif=Le ter (A to Z) :.:. Exhihit A Mail Receipts B Proof of Publication C Garfield County Zonrng Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000, as amended E Application and addendums F Staff Memorandum G Memorandum from the County Vegetation manager dated 8/11/06 H Letter from Mt. Cross Engineerins dated 8l16/06 I Letter from DWR dated 7131106 J Email from the County Road and Bridge Department dated 2127106 K Letter from Theodora Hill and Elizabeth Penfield received 9l12/06 L Letter from Pitkin County Title dated 9/7106 M Letter from the DWR dated 10126106 N Amended Well Permit #91058 o Letter from CGS dated9l24l06 P Letter from Red Mountain C vil dated 9125106 0 Letter from Red Mountain C vil (#2) dated9/25106 R Revised Draft CCRs S Letter from Mountain Cross Engineering dated 1l/2l106 lL BOCC r2t4t06 FJ PROJECT INFORMATION AND STAFF COMMENTS APPLICATION APPLICANT / OWNER LOCATION PROPERTY SIZE SITE DATA WATER SEWER ACCESS EXISTING ZONING COMPREHENSTVE PLAN Preliminary Plan for the Panorama Reserve Subdivision Cort l,ewis Approximately 3 miles north of Catherine Store 46.069 acres 3 residential lots 10, 8.1, and 2J.9 acres Individual Well - Permit #91058 ISDS Panorama Drive ARRD Subdivision I. GENERAL PROJECT INFORMATION The subject property is generally located in the Missouri Heights area. The parent parcel is 46.069 acres. The proposal is for 3lots, the sizes of the lots are 8.123,10.00, and27.946 acres. The lots will share a well for domestic water. Individual sewage disposal systems are proposed for each of the lots. Access is being proposed from one central private drive from Panorama Drive for Lots 'A' and 'B' and a private drive off of Panorama Drive for Lot 'C'. Lots 'A' and 'B' have a platted building envelope for a residence and one agricultural building. Lot 'C' has two building envelopes; one for a residence and the other for an agricultural building. The three lots will share a well and each will have individual sewage disposal systems designed for the house constructed on the site. Electricity will be brought to the subdivision and LP gas tanks will be buried on each lot. II. REFBRRALS Staff has referred the application to the following State agencies and/or County departments for their review and comment. Comments received are briefly mentioned below or are more comprehensively incorporated within the appropriate section of this staff report. Town of Carbondale: No Comments Carbondale Fire Protection District: Verbally the road on the periphery of the development, that water if it is needed. RE-l School District: No Comments Colorado Division of Wildlife: No Comments indicated that there were fire hydrants along would be capable of providing fire protection Colorado Division of Water Resources: Confirmed the ability of the well to serve 3 residences and associated water uses and provided a statement of "no material injury and adequate physical water supply". Colorado Geologic Survey: The CGS visited the site and noted geologic conditions likely to affect development related to surface drainage, erosion, potentially shallow bedrock, sinkhole potential and slope considerations. Garfield County Road & Bridge Department: General Comments dated February 8,2006 from Jake Mall. Garfield County Vegetation: Stated that the vegetation management plan is acceptable. Suggested that language be added to the covenants to encourage landowners to manage county listed noxious weeds. Mt. Cross Engineering (County Engineer): Chris Hale has noted issues tied to irrigation water, fire protection, geotechnical issues and drainage plans. III. GENERAL RELATIONSHIP TO THE COMPREHENSIVE PLAN The comprehensive plan for this area is "subdivision". The applicant is proposing 3 rather large lots that meet the minimum lot size for the underlying zone of ARRD. To the north and east are several lots much smaller than proposed in this application. The request is in conformance to the Comprehensive Plan. IV. APPLICABLE ZONING REGULATIONS The following is an analysis of the proposed development with the required zoning regulations of the ARRD zone district. A. Proposed Uses in ARRD Zonins The Applicant proposes single-family residential development on all 3 lots, which is a "use by right" in the A/R/RD zone district and is therefore consistent with the underlying zone district. For other uses, the Applicant should consult Section $3.02 of the Zoning Resolution. v.APPLICABLE SUBDIVISION REGULATIONS FOR PRELIMINARY PLAN Preliminary Plan Map as referenced in $4:50 of the Subdivision Regulations Staff Findings: The applicants' Preliminary Plan Map appears to meet the requirements as specified in the regulations Additional Information $ 4:60 Staff Finding: The application meets the requirements for this section. The total development area is 46.069 ac., which will be subdivided into 3 lots, with one dwelling unit on each. The only non-residential space on the property will be the agricultural buildings. Each lot will have 2 off-street parking spaces. SUPPLIMENTAL INFORMATION: $4:70 thru $4:94 A. Geoloey and Soils Staff Findines: The application did not originally include a geotechnical study prepared by a professional engineer. A report from HP Geotech was received by the Planning Department on September 1,2006. This report was forwarded to the State Geologic Survey for their review, but staff did not get any comments back until after the Planning Commission meeting. The application did include, as required, a copy of the soils information provided by the National Resource Conservation Service. The majority of the site is identified as Morval-Tridell complex, 12 to 50 percent slopes. According to the NRCS publication on soils, these soils are poorly suited for homesite development, due primarily to large stones and slope. The HP Geotech report states that the site is not impacted by geologic hazards such as rockfall, debris flow, high ground water or slope instability. They do note that the area is underlain by Eagle Valley Evaporite, which under certain circumstances can result in the creation of sink holes. No sink holes were observed on the property. HP Geotech does make recommendations regarding the need to have site specific percolation testing done for evaluation of geotechnical design parameters. The applicant has included a requirement for engineered foundations and ISDS in the covenants. This should also be a plat note. The Colorado Geological Survey reviewed the HP Geotech report and visited the site. It was noted that the primary geologic conditions likely to affect development related to surface drainage, erosion, potentially shallow bedrock, sinkhole potential and slope considerations. Regional conditions such radon, seismicity and water availability may also affect development on the property. CGS suggested the following considerations be incorporated into any approval: 1. Due to the underlying evaporate bedrock, sinkhole potential needs to be addressed 3 A. B. VL by making sure that surface drainage is routed away from any proposed structure and that foundation plans incorporate perimeter drains to ensure adequate drainage away from permanent foundation elements. 2. There needs to be a plat note stating that any sinkhole repairs made on the site requires a professional geologist or civil engineer, experienced in sinkhole mitigation techniques to oversee and document the work. 3. Site grading needs to be designed with consideration for increased erosion potential due to changes in stormwater runoff and surface flows. 4. A plat note and covenant requiring that all foundation design be done after a detailed, lot specific geotechnical study has been conducted on the site by a qualified geotechnical or civil engineer. B. Vegetation Staff Findinqs: Steve Anthony, County Vegetation Manager, reviewed the weed assessment and management plan and finds it to be acceptable. He suggests that the proposed covenants have a section added dealing with weed management on the properties and that the property owners manage county listed noxious weeds. C. Wildlife Staff Findings: The applicant's engineer noted in his site report that the following wildlife species are identified as being present on the property, based on the County Wildlife maps: o Black Bear Overall Range o Winter Elk Range o Mule Deer Overall Range The submitted list shows there is a number of wildlife species that could be affected by humans as well as domesticated animals. The applicants will need to be aware of the wildlife and manage any domesticated animals to reduce impacts it may have on wildlife. It would also be appropriate to require bear proof trash cans for all houses. D. Drainase Plan Staff Findings: An amended Drainage Plan was submitted for the applicants by Rick L. Barth, P.E., Red Mountain Civil, Inc., dated September 25, 2006. The original application proposed that each lot will be responsible for their own drainage and controls, and included a requirement in the covenants. Chris Hale, Mountain Cross Engineering, lnc., noted that while he understands the intent, the County in the past has always required the applicant for subdivision approval is responsible for installing any necessary drainage improvements as a part of their subdivision improvement obligations. The amended drainage plan analyzed the potential development area of 3 acres within the site and concluded that there is a need for a 700 cubic foot storage area. The storage areas will be shallow surface ponds located on each lot, with the equivalent to a typical dry well in the base to accelerate the infiltration of the storm water. 4 -\ -N $\ s It is staff s opinion that the proposal in the application does meet Section 4:80, which requires an engineer registered in the State of Colorado to depict in written or graphic form the "design of drainage facilities to prevent storm waters in excess of historic run- off from entering, damaging or being carried by existing drainage facilities, and to prevent major damage or flooding of residences in a one hundred (100) year storm, showing: 1. area subject to inundation ; and 2. location and size of proposed culverts, bridges, ditches and channels." The proposed solution by the applicant's engineer is consistent with interpretations of this language. E. Utility Plan -General Staff Findings: The Subdivision will be served by the following utilities: o LPG tanks - Gas o Holy Cross - Electric o All other utilities will be provided by private means. F. Utilitv Plan - Water Staff Findings: Domestic Potable water will be provided by an exempt domestic well, permit # 91058. The well is to be located on Lot A will be shared equally by all three lots, with a 1,000 gallon buried storage tank located on Lot C. It is proposed to create easements from the well to each lot. Subdivision Regulations $9:53states that "All lines in a central water systems will be looped, with no dead ends included in the system. Where dead ends are proposed for cul-de-sacs, there will either _ be a fire hydrant or blow-off valve at the end of the line." It appears that the applicant is . \ only proposing to create the easements with no water lines built or fire hydrant or blow- f / off valves for the dead end lines. Staff finds this is not a looped proposal or properly I designed dead end system and does not meet the County requirements. A 4 hour pump test was conducted by Samuelson Pump Company on 412612006. The rate of 20 GPM was maintained throughout the 4 hour test. The maximum drawdown was approximately 2.5 ft, with full recovery in 8 minutes. Physically, the well will be able to provide enough water for the three lots. No water quality samples were collected for the test, thus there is no information in terms of water quality. Typically, the minimum samples will be submitted testing for bacteria, nitrates and suspended solids. There is no discussion of irrigation water for the property owners in the original application. It appears that the applicant owns irrigation rights from the Missouri Heights-Mountain Meadows Irrigation Company. In subsequent correspondence from the applicant's attorney, it was noted that the preference was to allow homeowners to use the well for up to one (1) acre of irrigation. Section 9:51 requires "an adequate potable and irrigation water supply ..." to be available to each lot in the subdivision. If the State does not approve the use of the well for outside irrigation, the applicant will have to transfer all inigation water rights to the homeowners association and provide a management and use plan for the irrigation water rights in the covenants. G. Utilitv Plan - Sanitary Sewer Staff Findings: Wastewater treatment is proposed to serve each lot through the use of an individual sewer disposal system ISDS. There were no percolation tests performed on the property. The NRCS soils charts, indicate that he Morval-Tridell soils have severe constraints due to slope. ISDS are not allowed on slopes over 3O7o slope. The applicants are proposing the ISDS be installed by each owner based on a design done by a professional engineer. Included in the additional information submitted after the Planning Commission meeting is a suggested ISDS maintenance plan that has the following elements: 1. Septic tanks will be inspected, cleaned and pumped at a minimum of every two years. 2. Disposal fields of any kind inspected every 6 months. 3. Disposal mechanisms such as pumps or dosing siphons inspected every 6 months. This ISDS maintenance agreement/plan needs to be included in the protective covenants, with provisions for homeowners to pay a portion of any annual dues to cover the inspection requirements by a qualified professional hired by the HOA. H. Fire Protection Staff Findings: The Proposed subdivision is within the Carbondale Fire District boundaries. There is no discussion of fire protection water in the application. The covenants do include requirements for vegetation removal, fire apparatus road design and posting addressing. The Fire District provided verbal comments, noting that there are fire hydrants on the periphery of the property that should provide fire protection water. The applicant's engineer contacted the Fire District after the Planning Commission meeting and after discussion, agreed to increase the size of the water tank to 2000 gallons and provide a standard PVC fill connector to allow the fire department to fill their tanks in a fire emergency. The Carbondale Fire protection district has an impact fee of $437ld.u. for new development that has to be paid prior to Final Plat approval. I. Road/Access Plan Staff Findinqs: The access to the subdivision will come from a main entrance off of Panorama Drive. A 30 ft. wide easement for an internal dead end public road is proposed to provide access to two of the lots. Subsequent to the Planning Commission meeting the applicant's engineer provide plan and profile for a 12 ft. wide, Primitive Residential road, meeting the County Subdivision Road Standards. The third lot will be served by a driveway directly,This road is configured to go through the property to provide access to another property. To the best of staffs knowledge, there is no alternate access on the adjoining property. As it exists, the road far exceeds the 600 ft. maximum allowed by Section 9:33 of the Subdivision Regulations. A longer road can be approved by the Board for topographical reasons and having fire protection and emergency egress and access is provided. Using the ITT Trip Generation manual, 2 residential lots will generate approximately 19.14 trips at9.57 trips per dwelling which requires the internal road be designed to the "Primitive Residential" standard pursuant to Section 9:35 of the Subdivision Regulations. This road type requires a 30-foot right-of-way, a 12 foot driving lane, 3- foot ditch widths, and a gravel driving surface. It is not clear that the proposed internal road has been designed to this standard. In addition to designing the road to meet this standard, staff would suggest that if a longer design is approved, that a hammerhead turn around , with a minimum 50' turning radius be a part of the design for the subdivision. Dedication to the public of this internal road will be required. Maintenance however, will be the responsibility of the Homeowners Association, as proposed in the protective covenants. J. Easements The Applicant will need to delineate, legally describe, and convey all easements shown on the plat to the Homeowners Association. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all drainage easements, shared water system easements (domestic wells and water storage tank), storm-water drainage easements, all internal roads (which will be dedicated to the public on the face of the final plat) and any access and maintenance easements that need to be provided for in the common open space. K. Assessment / Impact Fees: The property is located in Traffic Study Area 11 which requires a $384.00 per ADT fee be paid to the county. This will be figured at the time of final plat. The applicant could expect to pay an approximate preliminary Traffic Impact Fee of $11,000 of whichVz shall be paid at final plat and included as a component of the Subdivision Improvement Agreement (SIA). The development is located in the RE-l School District which will require a fee for School Site Acquisition. An appraisal no more than two years old of the unimproved value of the property will need to be submitted to determine the per acre value of the property. This fee will be paid at final plat and included as a component of the Subdivision Improvement Agreement (SIA). The formula for calculating the fee is as follows: (Jnimproved per acre market value of land x Land Dedication Standard x # of units Cash-in-lieu Note: the Land Dedication Standard for single family homes is 870 sq. ft. per unit or .020 acres VII: RECOMMENDBD FINDINGS 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Board of County Commissioners. 7 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 the hearing. That the application is in compliance with the standards set forth in Section 4:00 of the Garfield County Zoning Resolution of 1918, as amended. That the application is in compliance with the standards set forth in Section 4.00 of the Garfield County Subdivision Regulations of 1984, as amended. 5. That the proposed preliminary plan is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. VIII: STAFF RECOMENDATION The Planning Commission recommended approval to the Board of County Commissioners, with the following conditions: 1. That all representations made by the Applicant in the application, and at the public hearing before the Board of County Commissioners and Planning Commission, shall be conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The applicant shall place the following plat notes on the final plat and in protective covenants: "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." "No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. One (l) new solid-fuel burning stove as defied by C.R.S. 25-l-40I, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All 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 8 2. aJ. 4. a. b. c. 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. "Al1 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." 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." "All building foundations and individual sewage disposal systems will be designed_ by professional engineer registered in the State of Colorado." 3. The applicants shall create an unincorporated Homeowners Association. 5. 4. A covenant shall be added, requiring that agy trash cans be "bear proofl' ; " -:'''--'-'' Submit a complete v/ater quality analysis with the minimum samples beir testing for bacteria, nitrates and suspended solids prior to the Board ioners public hearing. m1 of County 6. The applicants shall create a ISDS Maintenance Plan County Commissioners public hearing. in the covenants prior to the Board of 7. 8. 9. Note: The additional information submitted subsequent to the Planning Commission recommendation includes a proposed ISDS maintenance plan. A new condition of approval needs to be added that states: An ISDS maintenance agreement/plan will be included in the protective covenants, with provisions for homeowners to pay a portion of the annual dues to cover the inspection requirements of the plan, by a qualified professional hired by the HOA. The applicant shall make a cash payment in-lieu of dedicating land to the RE-1 School District in the amount and at the time as set forth in the Garfield County Regulations The applicant shall pay the Carbondale Fire Protection district impact fee of $437idwelling unit prior to Final Plat approval. The applicants shall pay the applicable traffic impact fee in the amount and at the time as set for in the Garfield County Regulations 10. The road shall be a public road and right of way dedication shall be at the time of final platting. A plat note using the standard dedication certificate language as set for by Garfield County shall be used 11.Any recommendations from the State Geological Survey will be incorporated into any conditions of approval made by the Board of County Commissioners. l'5(')"'l' 4 tt: il ^r\^,v n'^,',/\il,$ "q tr, , \.l"tt,\ t ittl 13. If the State does not approve the use of the well for outside irrigation, the applicant will have to transfer all irrigation water rights to the homeowners association and provide a management and use plan for the irrigation water rights in the covenants. 14. Prior to the final public hearing before the Board of County Commissioners, the applicant's engineer shall provide a revised drainage plan that includes the appropriately sized water retention structures on the property. Note: A revised drainage plan was included in the new information submitted after the Planning Commission meeting that was acceptable. The condition of approval should now state: The detention structures will be built by the applicant and included in the Subdivision Improvements Agreement at Final Plat. .n :l ioners public hearing, the applicant will submit a road plan and profile internal road meeting the Primitive Residential standards 5 of the Garfield County Subdivision Regulationg --'Note: A plan was submitted for a Primitive Resident!;rl rohd serving two dwellings. The condition of approval has been met. Applicant will need to delineate, legally describe, and convey all easements shown on the plat to the Homeowners Association. This dedication needs to be in a form acceptable to the County Attorneys Office and transfer shall occur at the time of recording the final plat. These easements shall include, but are not limited to all drainage easements, shared water system easements (domestic wells and water storage tank), storm-water drainage easements, all internal roads (which will be dedicated to the public on the face of the final plat) and any access and maintenance easements that need to be provided for in the common open space. fu,^.,( /,1 l4 t"uv '',l -+*\r. u) v\t"rvL . I44-+o l0 -YHIBIT f]h -cobg MOUNTAIN EROSS ENGINEERING, INC. Crv[ nNo EuvrnoHmrttll CoNsulrtuc lruo DrstcH RECEIVED AUG I 6 2005 GARFIEI-U OOUrr rY RE: Review of Preliminary Plan Submittal for Panorama Reserv. sunoSYilSiIG&Pi'A'qf*ll{G Dear Mark: A review has been performed of the documents for the Preliminary Plan Submittal for Panorama Reserve Subdivision. The package was found to be well organized. The following comments, questions, or concerns were generated: l. Irrigation does not appear to be a permitted use of the well. Though it appears that the Applicant owns irrigation shares, no description or design is shown for distribution of irrigation water, per Section 9:51 of the Subdivision Regulations. 2. There are no water supplies made available for Fire Protection. Due to the remote location, residential fire sprinkling systems and water supply storage/availability should be considered, per Section 9:51 of the Subdivision Regulations. 3. A geotechnical report was not included, per Section 4:70A of the Subdivision Regulations. 4. The drainage plan appears to be in conformance to the Subdivision Regulations with the exception of Section 4:80 D and Section 9:43. It is a forgone conclusion that construction of residences will create run-off in excess of historic site levels. The application proposes to have the individual lot owner submit site specific drainage plans. The "Declaration of Covenants" requires this under Section 16. Although the logic behind the proposal is understood, it goes against the position consistent within the County; on previous subdivisions, the necessary drainage improvements are constructed by the Applicant. However if a note is added to the plat and included under Section l6 in the "Declaration of Covenants", the intent of the Subdivision Regulations would be achieved. The note could read as follows, "lndividual lot owners shall be responsible to provide their own grading, drainage and erosion control plans forbuilding permit showing how each lot will keep flows at historic rates. post construction drainage patterns. and minimizing concentrated flows that discharge to adjacent properties." Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, i Mountain Cross Enginoering, Irnc. r-{ 'nr-ri cr+-L'r-v- \,-SChris Hale, PE C: Mr. Jack Palomino, Palomino Design-Build P.C. 826'l/2 Crand Avenue . Glenwood Springs, CO 81601 PH: 97O.945.5544 . FAX: 970.945.5558 . www.mountaincross-eng.com August 16,2006 Mr. Mark Bean Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 STATE OF COLOTUDO EXHIBIT iao50g July 31, 2006 Mark Bean Garfield County Building and Planning Department 108 8th St Ste 401 Glenwood Springs CO 81601 Re: Panorama Reserve Subdivision Preliminary Plan Section 17,T7S, R87W,6th PM W. Division 5, W. District 38 Dear Mr. Bean: We have reviewed the above-referenced proposal to subdivide a parcel of approximately 46.07 acres into three lots, with one single-family dwelling and one agricultural outbuilding on each lot. The applicant proposes to supply water through an existing well. Sewage disposal is to be through individual systems. Household use is estimated to require approximately 1200 gpd. Permit No. 91058 was approved on June 1 6, 1977 , pursuant to CRS 37-92-602(3)(bxll) as the only well on a tract of 35 acres. The maximum pumping rate of the well is limited to 15 gpm, the average annual amount to be appropriated is 3 AF, and the uses are limited to domestic purposes in one to three dwellings and livestock watering. A well test completed by Samuelson Pump Co. indicates that the well produced over 20 gallons per minute over a 4-hour period on April 26,2006, that the drawdown was 2.48 feet and that the 99.7% recovery occurred within 8 minutes. With sufficient storage capacity, this well should provide an adequate supply for the proposed use. Based on the above, it is our opinion, pursuant to CRS 30-28-136(1)(hxl), that the proposed water supply will not cause material injury to decreed water rights, so long as the applicant maintains a vaiici weii permit, ancj is physicaiiy aciequate. if you oi'the appiicant has any questions concerning this matter, please contact me for assistance. Sincerely, ./) , ./ t'7r / r/"/(.a&7//7i*<-*;/{ Cynthia J. Love Water Resources Engineer CJL/Panorama Reserve ii.doc Alan Martellaro, Division Engineer, Division 5 Bill Blakeslee, Water Commissioner, District 38 Bill Owens Covernor Russell Ceorge Executive Director Hal D. Simpson, PE State Engineer OTFICE OF THE STATE ENCINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado B0203 Phone (303) 866-3581 FAX (303) 866-3s89 www.water.State.co. us AUG ii 2 ZOU'd cc. GARFIELD COUNTY Building & Planning Department Review Agency Form Date Sent: February 8,2006 Comments Due: March 1r 2006 Name of application: Panorama reserve Subdivision Sent to: Garfield Countv Road & Bridee Dept. Garfield County requests your comment in review of this project. Please notifu the Planning Department in the event you are unable to respond by the deadline. This form may be used for your response, or you may attach your own additional sheets as necessary. Written comments may be mailed, e-mailed, or faxed to: Garfield County Building & Planning Staff contact: Richard Wheeler 109 8m Street, Suite 301 Glenwood Springs, CO 81601 Fax: 970-384-3470 Phone: 970-945-8212 General Comments: Garfield County Road & Bridge Department has no objection to the subdivision request with the following provisions. The access to Panorama Loop shall have a current driveway access permit that meets current driveway access standards. A driveway access permit will be issued upon final_ approval by the BOCC with conditions specific to the driveway access. A stop sign shall be required at the entrance ofthe driveway to Panorama Loop. The sign and installation shall be as required in the MUTCD (Manual on Uniform Traffic Control Devices). A 3O-foot easement. if needed. will be deeded to the County from the center line of the County road the entire length of the property that borders any County Road. All fenceq and structures that encumber the new ROW shall be moved back to the new ROW at the_ sub-dividers expense prior to final plat. Name of review agency:Garfield Countv Road and Bridse Deot By: JakeB. Mall Date February2i7,20}6 EXHIBIT Revised 3130100 -/ exHtelT K!0o6 l0 September 2006 Mark Bean Garfield County Planning Commission 108 8th Street Glenwood Springs, CO 81623 Re: Hearing for proposed Panorama Reserve Subdivision Dear Mr. Bean: sEP I 2 2A0b As the owners of the 44 acres adjoining the west edge of the proposed subdivision, we are writing to register several questions and objections. 1. As proposed, the water for the subdivision will come from a shared well. How will it be monitored? What limitations will there be on the amount of water used? While those are primarily state matters, we rely on Garfield County to protect the interests of existing landowners, particularly in matters concerning such a valued resource as water. 2. The survey line for the western border cuts into the existing meadow, and we note that the proposed project allows various outbuildings. Should the proposal be approved, any animals will have to be contained by a fence. We want to make sure any fencing will run along the surveyed border, not the existing meadow line. 3. The rate at which the entire do*q vall"ey area is being developed is rapid, so much so that green space is at a premiurn. The Panorama subdiviSion already in place has chopped up what used to be agricultural land, and the Hunt Ranch development just south of the proposed subdivision is extensive. The Panorama Reserve proposal before you was part of a larger tract of some 80 acres that has been split into two properties. To divide it further would reduce green space and have the effect of enlarging the already existing Panorama subdivision. With these concems in mind, we hope you will deny approval of the Panorama Reserve Subdivision. Sincerely, I -l/rrJ^* 31"r- Theodora Hill 1204 County Road 170 Carbondale, CO 81623 Elizabeth F. Penfield ,LrLif,jTY LANNING EXHIBIT PITKIN COUNTY TITLE, INC. 231 MIDLAND AVE, SUITE 103 BASALT, COLORADO 81621 97 0 -927 -4993 : 97 0 -927 -4096 September 7,2006 Caloia Houpt & Hamilton Attn: Mary Elizabeth Geiger (via email meg@chhpc,com) Dear Mary Elizabeth: In regards to the property owned by Cort Lewis in Garfield Counfy located in the E % of Section 17, Township 7 South, Range 87 West. In reviewing this file, I discovered that the exception for minerals listed on our commitment is in fact not conect as the document referred to only describes ditches, but not in fact minerals or oil and gas interests. Therefore the mineral rights are not excepted out and have been transfened along with the title to the property to Cort Lewis. I hope this clarifies this situation and if you need anything further let me know. EXHIBIT OFFICT OF ITTE STATE INGINEEN Diviiion d\ fur Rcrourccc Ocprtrrnt d ltunl Resours 1313 Shcrmen Stlccc Room 818 Demer, Cdqdo6020! Ptrone {303) 86&3581r x 003) 86e35E!) rrr.wrDrJtata.oo,uS STATE OF October 26, 2006 rE.etpr ilo. b8 tL{o*7 ?erzrn rr No. 9 I ofo., Errscll C.oE! EEoriEDllt@ Hal D. Slnpeqr. PE, Sarc En6lrE' 0il1 orlrcn Cort.lru Mary Elizabeth Geiger Caloia, Houpt & Hamilton, P,C. 1204 Grand Avenue , Glenwood Springs, CO 81601 Dear Ms. Geiger: As requested in your letter dated August 16, 2006, well permit no. 9105E was amended pursuant to Policy Memorandum 93-4 to allow for ordinary household purposes inside up to three single family dwellings (see attached permit copy). The legal description designated for this permit is 35 acres in the NW % of the SE % of section 17, Township 7 south, Range 87 west, 6' p.m., and is indicated on the permit under "Conditions of Approval." You indicated in your correspondence that the tract in which this permit is located on is 46 acres. !f you seek to amend the legal description of your well permit you would need to reapply, submitting the enclosed Residential application with the required $100.00 filing fee. !f you have any questions please fee! free to contact me at (303) 86e3S81. Water Resource Specia list Enclosure(s) cc: file JG/jg EXHIBIT IDa .vrRl+*e*. 7r Application muit . be complete where applicable, Typeor prlnt in BLACE lNK. No overstrikes or erasures unless initialed. (11 APPLICANT. mailing address- ^;-\:';:IT: ruarue,'1-ii.rlq.pcs Salter STBEET J00 North Strect .,r, . Aspen , Colo, ..9.1511 ._-*{$iato) (zipl rELE?HoNE r,ro. ( lol ) gz5-8096 . .. . (2) rocATroN oF PRo"PL$ED WELL- County, NW ,,Garf ield COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Danver, Colorado 80203 BECEIVED PE RMIT APPLICATION FORM- 1 i. .i. E -_-_' t !tr,-. {.. I A lE!l'4ll l? qlE GBouND wArER l{u }1?7 lr_rr7, .- ,, FOff: (X ) A PERMIT TO INSTALL A PUMP [ilt TEtm(g, ( } REPLACEMENT ,Xorxrn ru S[,SE ryEl 0a& WATER COUBT C,ASE NO FOH OFFICE USE ONtY:'DO NOT WRTTE lN THIS COLUMN Rereipttto. fr'l4o? t PERI\4IT NUMSER DAIE ISSUED rwp. ?E _, Rnq. _92- W_ , 5,3h n.ria tN,Sl lE.w)91!E .rctrs on xons oisicffi;s'#' ICBBS IU itd ,/u c..r rr^ {3}I&\TER USE AND-WELL DATA z ot me SE %. Section ,LI This well shall be used in such a way as to causeno material iniury to existing water righrs. The issuance of the permit does not assure the appticant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. +!ryvuD lunsu$m m c8s 1975, slr-s8_60eElllt(u) t^s m orey rrni oi i'rlict Proposed maximum pumping rate (gpm) Aversge annual amount o{ ground water to be approFiated (acre-feer): Number of acres t_o be irrigated:-_Nonc, Proposed toml depth {leet):i50 t{ ",(.2_3 :, Aguifer ground wattr is to be obtained irom: Basalts or Redrock Ptxivrr t EXFIRAI runt DATE EXTENDEDfa$irawl,, .,., fijC-r*rt {/' Nofe: Pursuant to Policy Memorandum g3-4, the uses of this well will allow forfire protection, ordinary household purposes inside up to three (3) single family ^ dwgllingg"the watering of.poultry, domestic animals and livestock on a farm or ianch and the irrigation of not i{Pgethan one (1).acreof.home gardens and lawns.' cML 9/7/06 r a'l^ 0wner's well designation GRQUND WATER T0.BE US.ED FORI t.- ) I{OUSEHOLD USE ONLY - no irrigarion {0)iX t oouEsrrc ti (X t r-rvEsrocK (2i { IcoMMERCtAL {4} ( I TNDUSTfi,AL {5)( lrRRrGArloN {6}{ }MUNTCTPAL (8} ( )oTHER (91 DETAIL THE USEbN BAUK IN (] 1} (4} DRILtqB x6r" Mountain Drilllng Qo. 5052 113 Road srr, Carbondale Colo. 81523-ffi Tetephane N, 9ll.t- 51&B--- Lic. No. 697 r.D. 5--- J.tr couNry ;J COLORADOCOLORADO GEOLOGICAL SURVEY Department of Natural Resources 1313 Sherman Street, Room 715 Denver, CO 80203 Phone: (303) 866-261 1 Fax: (303) 866-246't September 24,2006 Legal: E'/r,517, T7S, R87W I)EI'ART\,{TNT OF NATURAL RESOURCES Bill Owens Governor Russell George Executive Director Vincent Matthews Division Director and State Geologist Mr. Mark Bean Garfield County Building and Planning Department P.O. Box 0179 Eagle, CO 81631 Re: Panorama Reserve Subdivision CGS Review No. GA-07-0003 Dear Mark: ln response to your request and in accordance with Senate Bill 35 (1972),1 visited the site and reviewed the site plan on September 14,2006. The site consists of approximately forty-six acres to be subdivided into three residential lots, with ISDS and a shared well. lncluded in the review package were: a Panorama Reserve Subdivision Preliminary Plan Submittal, prepared by Palomino Design-Build P.C. (6126106 revised); and a Geotechnical Site Review, prepared by H.P. Geotech, lnc. (7/31/06), The site is located in moderately sloping topography to the northeast of Carbondale. Bedrock is mapped in the area as Tertiary Basalt flows underlain by the Pennsylvanian Eagle Valley Evaporite. The primary geologic conditions likely to affect the development plan for this property are: surface drainage, erosion, potentially shallow bedrock, sinkhole potential, and slope considerations. Regional conditions such as radon, seismicity, and water availability may also affect development plans. CGS offers the following suggestions to be incorporated into the planning process for the proposed development of this property. 1. Due to the underlying evaporite bedrock, sinkhole potential is a consideration on this property. Sinkhole formation can be induced by property development, excavation of overlying soils and re-routing of surface drainage. All these items should be carefully considered when developing property in sinkhole-prone terrain. As a precaution, surface drainage should be routed away from any proposed structure. Additionally, foundation plans should incorporate perimeter drains to ensure adequate drainage away from permanent foundation elements. It is important to detail in the plan notes that a potential may exist, on the property, for the formation of sinkholes, prior to, during and following construction activities. The plan notes ATE OF should also requre a professional geologist or civil engineer, experienced with sinkhole mitigation techniques, to oversee and document any sinkhole repairs made on the site. 2. Site grading should be designed with consideration for increased erosion potential due to changes in stormwater runoff and surface flows. 3. A detailed, lot-specific geotechnical engineering study, including geotechnical-boring advancement, should be conducted on the site to provide a basis for foundation design and engineering. Geotechnical boring samples collected on the site should, at a minimum, analyze parameters related to soil bearing capacity, soil and bedrock composition, depth to bedrock, and bedrock shear strength. Other than the issues mentioned above, there are no geologic conditions present at this site that would preclude the proposed development. lf you have further questions about this site, please do not hesitate to contact me at 303-866-3350. Sincerely, Jd*qF&*a:*\* '# ,{ Sean P. Gaffney Engineering Geologist Cc: file EXHIBIT September 25, 2006 B"nri ir''ir;t.rt;-i...'rv (l;v Mr. Mark Bean Carfield County Planner 108 8th Sueet Suite 401 Glenwood Springs CO 81601 Re: Panorama Reserve Subdivision - Civil Engineering Updates per Planning and Zoning Commission - September 2006 Dear Mr. Bean, This letter is to present our engineering updates as requestedby the Planning and Zoning meeting and associated documentation for the Preliminary Plan approval of Panorama Reserve Subdivision. As noted in the meeting, we have the following issues and associated additional information. Following the list of recommendations: #5 Water quality analysis is in process. Due to schedules, lt is taking longer than a month to get the results. We anticipate these results soon and will certainly forward those results to your office via Jack Palomino. #6 ISDS maintenance p1an. As per common practice, suggested maintenance shall be done via each homeowner as follows: L. Septic tanks shall be inspected, cleaned and pumped at a minimum of every two years. 2. Disposal fields o[ any kind inspected every 6 months. 3. Disposal mechanisms such as pumps or dosing siphons inspected every 6 months. #10 The access drive shall be a Public Road built to typical county standards with a 1.2 foot wide drive lane, ditches as necessary and a compacted gravel surface. Plan and profile of this road has been included in the drawing set for your review #1,4 A revised drainage plan and report has been included. The premise of which is individual detention facilities on each lot shali be constructed at strategic locations that would likely best suit the anticipated development on each iot as well as blend in with the natural surrounding vegetation and surfaces. The calculation method has been coordinated with Mountain Cross Engineering. Detention facilities shall be shallow surface ponds with a shallow drywell underneath to improve percolation and prevent standing water. #1,5 Plan and Profile is now included. See item #10. Additional Items. RMC has contacted Bill Gavette of rhe Carbondale Fire District concerning wild fire detainment. Bill re-iterated their preferred filling location for therr CarCo. Building & Planning Dept.Ked ir4ounr,:in Ciuii, i*c Mr. Mark Bean, Planner September 25, 2006 trucks would be at the existing fire hydrants that are in the adjacent subdivision. However, he agreed it wouid not be a bad idea to increase the size of the tank and provide a filling location. We have increased the tank size to 2,000 gallons as their trucks hold around 1,800 gallons and will provide the standard PVC fiil connector as recommended by the District and available at GJ Pipe. Therefore they will have a larger ' tank than can fill their typical truck yet is small enough that three houses can turn over the tank water volume frequently enough to prevent stagnation. The tank will be completely buried and insulated. A pull out is now indicated near the tank for fire truck ACCCSS. Attached to this letter are the revised drainage calculations, updated and new drawing set. Please do not hesitate to call if you have any quesrions. Respectfuliy, _ffimw, '$ck L. Banh, P.E. t\.tlil lvl i,ll-i l)'a;i i il \.,..ltil :. i i : {-:, Glenwood Springs, CO C:\RMC\P ROJ ECTFILES\2005\2005-35\L-060925-Panorama-Final Update.doc September 25,2006 Mr. Mark Bean Garfield County Planner 108 Bth Street Suite 401 Glenwood Springs CO 81601 Via email: Mr. Chris Hale, P.E., Mountain Cross Engineering Re Panorama Reserve Subdivision - Drainage Plan Design Calculations - September 2006 Dear Mr. Bean, Please accept this letter as our description of the drainage caiculations for Panorama Reserve Subdivision. Per the request of County Staff and Planning Commission, we have assembled these documents. In conversation with Chris Hale of Mountain Cross Engineering, we have utilized the following method. Due to some limitations on various hydrologic methods, we will utilize a Rational Method approach with an assumed three (3) acre "development area". This development area should easily encompass future homeowner's desires and al1ow for flexibllity of location of the home and surface alterations. We have also assumed a very conservative 8,000 square foot impervious surface, with the rest remaining in a native state. In utilizing this approach, we have resulted in an approximately 700 cubic foot storage requirement for the 100-year storm. This will be accommodated in a shallow surface pond with a perforated manhole base buried underneath. The perforated base will be built as though it is a typical drywell but is for the primary purpose of allowing for faster infiltration of the storm water runoff that is collected in the pond, hence better preventing long term standing water. These ponds are indicated on the drainage plan (C2) and are located in areas that fit natural topography and good catch points for surface runoff. They shall keep developed flows leaving the site at no greater than the historic 100-year storm. We are assuming that the future homeowners will be able to direct most, if not all of their runoff from their impervious surfaces to these ponds. There is no significant change in the historic drainage pattern. It is respectfully requested that these calculations be approved for the drainage plan of Panorama Reserve Subdivision. Respectfully, Rick L. Barth, P.E. Glenwood Springs, CO \ :.: ,.. :. : bfi#r,w:""7- matf6ltauta*7 "o"'w*_/_-$'leor\ HOUESIEAD 12 06.0 Al@. Aldis 1213 Y4. vdl.y Rd Ped n.hbc 239117101011 HOI{ESIEAD ,urc{tsr-a ,alREEta'E al I'OUESTEAD J 10 Rddd S ha 6d cddf , &&@ l2B Phddno M6 Cdqda @ 81623 P6cC.uhbd 281171O1O1O HOMES?EA' RE-A,161/1s9, Mroo aacpm**dio"iin@ rtl2a/A 4 w: rLf5r!f, Lt ra$ D@gto.. @d bant Lodtr26* P@dtuo *ia@@dda co 41623-9697 P@d e-:* 2J9117101029 PoL& Ann 4o^k.tt2M P@q@o 0ri6tu@dd., CO et62J-%97 Po.cd nuhbe 2J9117&1O3O HOUESTEA.D 31 8.'t't 2z\ ,mFMW sDE I, ItEfL3 F47 FM tu@dq CO at62JPid.unba 2J9117410fi Cdd@l @ 4162JPd.d nunbc 239ll71oto77 w-FM HOMESTEAI) 37lIOMES?E.ADj30 HOMESTEAD 36R',o,,,E.'.aels uHf maMa u Ls )t$fiEaE X rA Cd .qq // ..)%2 / t/'. -2 a^ /a _,/. "1" .(*o/"oz,/,// 1, t,j IJti I '62J-W759117101007 'il !l ool1 4o": w .1470:2A.:' -" il6dd L ond kothLd S Sf.org J93 CN.lr Rood 102 Zilil:;"Y, ";:;,tr:8#- ,--i:..-.-,wFE*.a*l3 a$nEri+'f ,tf ac LECEND: E)ffiTrNG CONTOUR(10') * - E)0STINC CONTOUR(2',) GMPHIC SCAIE 100 0 50 100 200 400 1 inch : 100 ft. F U U (o :lo: -E q)& 8t 6\ -\:'ir Itx a 9€ l9!h6;n.: r) {+e8 -c:; \ z J?za<<EZ,t ihrlrq er I d Fa 6 E i {i e I & I g F E I n I E hu 3tl *$ :c "l r)EtX>\Jtr(dt]JLrnlAZe><o:U dJr)LIl 17 t\3*U C1 2 o RMC : d,oz CRAPHIC SCALE 100 0 50 100 200 400 HOMESIEA.D 12 cdeddL co a1623 Pdcd nunbd 2J91171O1OJ7 HOMESTEA.D 1 inch : 100 tt. Da.o Al@. Aldi@ 121J lql. vdlq Rd Pffid nlmbr 2J911V01011 : ..;-- ,. .; -x.rl\ .N w . /'-il-- ; iz|.6o.. .l ",rr-l----T-; / HOMESIEA.D 1l HOMESTEAD 10 R6dd g @a 6d htd? S. 12JJ P@6ono Oda v1, ,t,'il, L -'-i. *., "'-,{-,.1 *f'z R6dd g @a od Cordf t &r!d 12JJ P@6ono Odahh@da CO 41625Pqd nlnba 2J9117101010 "&.,\ :\ : ---- zzto.-_ -,-.._....._*_ - - ' 6h k"--x----,-&2r{D 910 Pon@do UiF Mdd.. CO 41623-969J P6cd numb6 2J9ll72O1@ HOMESTEAD 09 "'"..]\\. . NDrcU{ LOTOWNN MUfl SU3WroOWN PN rcI!ffiCNry reS DMroNAOUMSHOWNreCOWONLYlJ.]]]:@ruNAOUNDS SUGM LECEND: EXSTINC CONTOUR (10',) EXSnNG CONTOUR (2',) CONCENTMTED FLOW .DIRECTION \ CONCEPTUAL DRiVEWAY TURN AROUND W"-'-"--"-777V NMI@ANON{@CODE 2. FOR Iro ND MCNry IS:DBN rc PNro ATHS lM, reW3EA ru WABTM NWrcW COOMINANON OT BTTNKND CONMGOS rcRE! reNDM ru PROEfrON E, 000000000000000000000000000000000000 POND SEC|ION & DRYWELL DETAIL %b* BT Sro BE roru lOR FNTNH MNC, COOMINANON OT D]ffiqSlruBEUNDRTffi ATEMOTTNKCONMUEON, U U .6 a oz o ., ,l .,/o/,r^ --*---- i"' i I ,,. Dia 1 I 72166 I L,,n, I L,,.o I a::1arl I -*, I t-,,,:".-".-l r,':5 I 722aa I - i1r--i1re-rr 1 L,,n" Ir,;5r,;5 I ,,r0, -] I ;;:-lt-,5 t-,"--":-lrrl l,,.,nlI 72t1 55 I L,,,o I t",,Tl t-"5 t-,--T-l L,0, IT--728S-l 1,,.,.,1I 7255 55 I | ,,..o II 7235 AO Il,^..1 TT:ItT-l l---7zss---] | ,r.r" o I L'$ AO I l,,.uoltT:l L,,,, I I ttv.t I L,,,, I | ,,.u 0 t-,,-_T:-l tT:-lt-'5 | ,,.n "tT: | 7241 5 l'l).,i.TtT:l-irai3tr- | ,,.. .l---a7aE:- | ,,*u,I 726.55 t,,."".TtT: t-T: I 7210.0 | 7250.55 | ,,., ,l--=fr.E- | ,,*,T---rrs=s- | ,,,n,tT: I zzso s ln RFlf** It'i ll! d3 a8eIR:Iq+ Igdl -El Fi8l\i I5{5 i8; .o* lHI iuB I Ut IqE i-: l i l .l 1 -tl l P + ^E {8 / E4_oryr _ _rivruvqq_,.+o_S --f,- \cO 1.. sarQD 69a'9t c-'}J 'bs 'Btl'g0.o'z !ao,T oa.imoi Nibioloi o-d -o o { z.x rnoa (,o ma _Ja) iCjaj rrl \f,/Xla ,$t =(, rflz 6)n rnr no U N-! N) 9+ EI AtZOI --{o>cr --r =-Uo > --rOT g c)mz --{ -lo --l z.x :ld7 ^o*=[uo (: i 0'0qu i )a{! s" 7240 ..\ "jj r _ j j'r I /'i i/,'):i i/ /.t i/I"t! ?tuzsru Egt i\\ i i ,' z2ao * __ _ii_ l iii1l 'n .iul i\s 1 iiu.\-I\ CoS i / ,4t) .f \, 0\' .\; rb AI ,,,, . 1 \ N\,cS$\" iq\ $s JE,aa/' t\ I a.q ' rn-u(f> sa o>-r< s3iqm< LNT f' ) /;& //..." '-r /' * ,'rl'-. - -OYZ*' - --- ---zn zi' ="t ,0/Z/ ^"" \, \'---{Y"- ,2,=.. ".* _ t ,a Jl---> it i3[ EBt8 L F 3 TJ o C,D PANORAMA RESERVE GARFIELD COUNTY, CO DAfE AY PRELIMINARY PIAN DRIVEWAY PIAN & PROFILE Red Mounuin Civii, Inc. Cl6n*ood Springs, C0 8!601 Phoner 970-945-2216 Fo!:970-945-2298 emoil: rl.kGmcivi.com tdl 2OO,-J5 bict2/,J/05 ,rc,n by flb v5M RLB PANOMMA RESERVE + + + + + + + + l I b i I +lt a I t' I 4 \ l[l l I t; 1 ' l+ hH EE 1ra i\ It i__ I i I I I I l\ l,/ lr l5iF 1" II I Ad '",l2'oztt_ 'SNiUvsq auyo_ta9ta uJ dlvPle9leJ 7gy poog lynq 9696uorls S ua.,qlo, puo 1 pDqr!fl qHfi"5qE]E ia=6;drEH Effif EEEEIA + gEEE IzE H 6qrH 6f;E ri iEiE !EHE;E[ =:EEdEE {;= eHEe EZE?Hb 9d=H 3 EiTF Fg -"-l -.':, ]-'j ?9!t<=>>uPq 9 nqz4rI I" =cYlI!EtlErls!3 i E FEEUEEEB iaE!HHHEE :hdd-zXH+ Ei;i EiH HEIle t7c.i tHI! 6;t9= nPX eF'EAtL16 ;cr":€ iH i EEIn:! .i Yo*e*x t E "x 1'I .,'>t/,.1 J \r. / '€/ ,,' ," h eet ri !,i ! 6ltootlu6tz r.qunu PilodCzgtg oa ,apptoqoS . e yO Udlttns UZO !w!.gd)qj euloqs N !3 I dI E >@rNa=vl,l:q U x 18 cTZEEAtlx 'EEglEEld86Eg'E EIEiENeBi:za EE;EEE ReE !i38E x$iZo 2r!T9 AHraS :, EEi E3 Yl i3 nE =r€ e2taF ru EECI HE EE: :*9>E iOH:i =d73r il3dn do F. I I I 3 7 s' =c E E) \ -=1r15 i+99 '."13 E =- 9* I IEP @ o I o_ oOO H HsF -if:ir' 6ts c B q g a F =o os PANORAMA RESERVE GARFIELD COUNTY, CO DATE BY PRELIMINARY PLAN PIAN & PROFILE & DETAILS Red Mountain Civil, Inc. sKtrcHMSUEMlfil@ lZlW ii.t2/tJ/os )nm by 7l[ 2 W Genwood spnngs, cu t Phone:970-945 2216 Foxr 9iO 945-2296 €moi1: rickqhcivil.comJobl 20O5-Js PPMIT@ W tu: 2@5-J5-RNC-sit.PANORAMA RESERVE September 25,2006 Mr. Mark Bean Garfield County Pianner 108 Bth Street Suite 401 Glenwood Springs CO 81601 Via email: Mr. Chris Hale, P.E., Mountain Cross Engineering Re: Panorama Reserve Subdivision - Drainage Plan Design Calculations - September 2006 Dear Mr. Bean, Please accept this letter as our description of the drainage calculations for Panorama Reserve Subdivision. Per the request of Counry Staff and Planning Commission, we have assembled these documents. In conversation with Chris Hale of Mountain Cross Engineering, we have utilized the following method. Due to some limitations on various hydrologic methods, we will utllize a Ratlonal Method approach with an assumed three (3) acre "development area". This development area should easily encompass future homeowner's desires and al1ow for flexibility of location of the home and surface alterations. We have also assumed a very conservative 8,000 square foot impervious surface, with the rest remaining in a native state. In utilizing this approach, we have resulted in an approimately 700 cubic foot storage requirement for the 100-year storm. This will be accommodated in a shaliow surface pond with a perforated manhole base buried underneath. The perforated base will be built as though it is a typical drywell but is for the primary purpose of allowing for faster infiltration of the storm water runoff that is collected in the pond, hence better preventing long term standing water. These ponds are indicated on the drainage plan (C2) and are located in areas that fit natural topography and good catch points for surface runoff. They shall keep developed flows leaving the site at no greater than the historic 100-year storm. We are assuming that the future homeowners will be able to direct most, if not ail of their runoff from their impervious surfaces to these ponds. There is no significant change in the historic drainage pattern. It is respectfully requested that these calculations be approved for the drainage plan of Panorama Reserve Subdivision. Respectfully, Rick L. Banh, P.E. Ci."*".a iprings, Co EXHIBIT li;.t : J'.'ii.tt :s ;,rtl'; {.."t"-,tt.,. I i;t \ {- a.L i-l,-1.lll \ \ \ '*': //'{//--l i-z: ,-r'''t '. i : I I i 1l t,,,,, ili :li \ .{ \l . \'., .MPHIC'.ATE\. /.,: l1-\ \\ so o so 1oo 2oo - 1 *ffi#_ 1"",' II \ I \ I lmch=SOft -\ u* )d0 a. r-"F - -\ I r1 .\l-:t sp'-i I' I -ffiNc^ccesRoDs tMffird!@, ro NSM moirc COmmON trtrNOPAmBrruw i!ree),srN *CHMLryWABffi coM.mcmmruEHo^ffior ^Tm0 MeoNs tr 2rE Ss;'\ \([(i .'..+. \ '' \it-t,.' >^' ' \ \ !-rr-' NN$, 3/t'ew(mrffsoNDc u Ud ? U 5cfo & 8rQ+i"'rll 5 3iB i- irxS I:e:!\ EiiEr z .]JrEo>oi4c<4<tut-;7 *A -4A a eI ;l;lll EI$ e8 a (:6l_p)1e><otu,3.) s.lz9s?U C4 RMC l-<3it@=+ EOEruCMPHICSCAIE =- 1?EOEsru100 0 50 100 200 400 HOAaru 30 1 inch=100ft sgWA_! =-l-i1- - '-)- j"y *+--7--/-i,/ t HOErutl // /.2,,/ t /,*,o/ I "/ p, EOEslru to idi b-*@,! & \l tr d&. athdno \, i |-i:X:x;-'h,r, :44,t,'{* ----,'--'"'/l'/"/'// / '/' W;--1til%"/.'/,' -.w*:{ffi5t \\ [ s ----x \ / .--<t.-\ / \.&a"- /-/*",* ';:"we"E* ) -.) a HOEru 00 .\\,/l LECEND: ExlSTTNC CONTOUR (10) DOmNG CONTOUR (2',) CONCENTRATED FLOW DIRECTION \ CONCEPTUAL DRIVEWAY TURN ARouND r----?7- POND SEENQA 4 DRWELL DAHL..-ffi z<zdaS }. rt a <=uzQ<7<z4/,- =u3&r! .oyutrtq-AZ <o <o AH 7- P1 d<U . 1lii@e ,r' ,-_, / a r3 RLL(\4INARY &(Iy|J r dOSrr€oNS rRUC -.., /,., a\, / :,vulnruc Orsg.or"jJu o' ,oorrN,{ o --e{6Gt 1 ,,4 t\ s I ( I J I ) '---=--...-.-- ,rty',- l/' -_-__ _-ZZ4O__ \ --' --_---\ -,,-/ t/tI t//l //l ,/ -/ >b 4d /od / , aia I isEe* .t/x \?r I os\sr \,t'ew'z ) rLru- 7o oC!PANOMMA RI,SERVE CARFIELD COUNTY, CO PRELIMINARY PLriN DRIVTWAY PLAN & PROFILE Red Mountah Civil, inc. IV{c',ed $,ho @ ae, lH,lhr2/tttu I Iq M-$ ltuv db EXHIBIT DRAFT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PANORAMA RESERVE SUBDIVISION, INCLUDING WELL SHARING AND IRRIGATION WATER USE AGREEMENT THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR PANOR IRRIGA day of AMA RESERVE SUBDTVISION, INCLUDING WELL SHARING AND TION WATER USE AGREEMENT (hereinafter the "Declaration") is made this 2006, by Cort Lewis (hereinafter collectively referred to as "Declarant") owner of the property described below, which property is located in Garfield County, Colorado: WITNESSETH: WHEREAS, Declarant is the sole owner of certain real property located in Garfield County, Colorado, described on Exhibit A attached hereto (hereinafter referred to as the "Property"); and WHEREAS, a well known as "Lewis Well" is located upon the Property at a point approximately 2320 feet from the South Section Line and 2320 feet from the East Section Line of Section 17, , Township 7 South, Range 87 West of the 6th P.M.; and WHEREAS, Declarant is the sole owner of the Lewis Well (the "Well"); and WHEREAS, the Colorado Division of Water Resources has issued Well Permit Number 91058 for the Lewis Well, which permit allows use of water from the well for ordinary household purposes inside three (3) single family dwellings, irrigation and the watering of domestic animals and livestock; and WHEREAS, Declarant intends to subdivide the Property into three lots (to be known as Lots A, B and C Panorama Reserve Subdivision-the Lewis Well is on Lot A), using the Lewis Well as the source of potable water for domestic use on such lots and for irrigation water; NOW, THEREFORE, Declarant hereby declares that the Well and the Property shall be held, sold and conveyed subject to the following restrictions, covenants and conditions, which are for the purpose of protecting the value and desirability of the Property, and which shall run with the Well and the Property and be binding upon all parties having any right, title or interest in the Well and the Property, or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. 1. Potable Water Supply. The potable water supply for each of the three lots within the Property (alWa Panorama Reserve Subdivision) shall be the Well (Lewis Well), as operated LEWlS-covenants and well sharing agmt-3 Panorama Reserve Subdi vision Declaration of Covenants Page2 DRAFT pursuant to Well Permit No. 91058 issued by the Colorado Division of Water Resources. All Lot owners shall be jointly responsible for meeting all obligations set forth in the Well Permit. 2. Water System Easements. All owners of lots within the Property shall have an easement to access the Lewis Well and all pumphouses, storage tanks, pipelines, and other workings associated with the delivery of potable and irrigation water to each lot (collectively referred to as the "Water System") located anywhere within the Property, for reasonable operation and maintenance purposes. Such easement includes a right to free and unrestricted access for such purposes and shall be twenty (20) feet in width surrounding all parts of the Water System. In the event that any gates, well houses, or other parts of the Water System are locked for security purposes, all lot owners shall immediately be provided with a key and shall not otherwise be restricted from accessing the Water System. The reciprocal easements granted herein shall be for the benefit of all lots within the Property. The location of all parts of the Water System shall be determined by cooperation of all lot owners and in a manner which interferes the least with existing structures including but not limited to houses, outbuildings, and roads. A backup collective cistern shall be constructed near the Lewis Well and shall be maintained and operated by the homeowners' association as described below. 3. Ownership of the Lewis Well. The Panorama Reserve Subdivision Property Owners Association (described below) shall own and operate the Lewis Well, the Well Permit, pump(s), and any appurtenant parts of the Water System used in common by all lots. No interest in the Lewis Well and Water System may be transferred apart from the lots within the subdivision. The Property Owners Association and all members thereof (the lot owners) shall be mutually responsible for the Well and to operate, maintain, repair, replace and improve the Lewis Well, pumps and any other appurtenant facilities for their joint benefit. The Well Permit shall be put in the name of the Property Owners Association. The owner of the lot upon which the Lewis Well is located or the Manager of the Property Owners Association shall be designated as the lot owner to receive all mail and documentation relating to the Lewis Well and Water System. Copies of all such mail and documentation shall be promptly provided to other lot owners, or made available for review at the convenience of other lot owners. 4. Uses of the Lewis Well; water treatment obligations. The Well shall be used for outdoor irrigation purposes, including lawn and garden irrigation of not more than one-third (713) acre per Lot. Irrigation and use of water for domestic animals or livestock shall be accomplished in a conservationist mannet (e.g.water shall not be allowed to run continuously). If any stock tanks or watering troughs are used, such troughs shall be filled no more than one (1) time per day and shall be heated if used in the wintertime. Each lot owner shall install a flow- restrictor valve on their water supply line from the Lewis Well to ensure that the maximum draw is not more than five (5) gallons per minute. The restrictor should be placed on the line running into each lot owner's storage tank (described below in Paragraph 7). Lot owners shall be aware that well water is not subject to state water treatment regulations, and therefore use of water is at each lot owner's risk. Any treatment shall be at the option of each individual lot owner. If the Property Owners Association should elect to construct any joint treatment facility, the costs of such facility and operation and maintenance thereof shall be assessed as common expenses of the LEWIS-covenants and well sharing agmt-3 Panorama Reserve Subdivision Declaration of Covenants Page 3 DRAF'| lot owners by the Property Owners Association in the same manner as other common expenses described in this Declaration. 5. Emergency Repair of Water System. In the event that the lot owners are unable to agree upon any maintenance, repair replacement or improvement necessary to continue potable or irrigation water service, any of the lot owners shall be entitled to undertake any maintenance, repair, replacement or improvement necessary and essential to allow continued water service. In the event that any lot owner(s) decide to undertake any such work absent the consent of any other lot owner(s), he or she shall notify the other lot owners in writing. The lot owner(s) undertaking the work shall, upon completion, provide the other owner(s) with a written statement of the work performed and an allocation of each lot owner's share of the costs. In the event that emergency repairs are required, before undertaking any such work each lot owner will attempt to contact the other lot owner(s) by phone prior to incurring any expenses for such repairs. Bills for emergency repairs shall be allocated among the three lot owners in the manner set forth below in Paragraphs 9 and 10 for payment of joint expenses associated with the Potable Water System associated with the Property. 6. In-house uses preferredl no waste. In-house use of water from the Lewis Well shall take precedence over use of water for irrigation, domestic animals or livestock. [n the event of a shortage, all lot owners shall cooperate and shall reduce their uses accordingly to conserve water. No lot owner shall be entitled to waste water, and each owner shall exercise prudence and conservation in the use of water in order to allow for the efficient and beneficial use of the Lewis Well. l. Storage. At the time that a residence is constructed by each lot owner, the owner(s) of such shall install a water storage tank not less than 500 gallons in size at such lot owner(s)' sole cost and expense. Such storage tank shall also be buried at such lot owners' expense where it can intercept all water for the lot from the well and be plumbed into the residence to ensure that there is an adequate supply of water for the residence in the event that the instantaneous pumping rate of the well is inadequate to meet demand. Each lot owner shall also install a booster pump from each storage tank to help meet peak water demands. 8. No Other Wells. No other exempt wells may be drilled upon any lot within the Property unless the drilling of any such well does not jeopardize the status of the Well Permit for the Well which is exempt from administration under the prior appropriation system pursuant to Colo. Rev. Stat. Section 37-92-602(3XbXD(A). No other wells may be drilled within the property absent the unanimous written consent of all lot owner(s) and a valid well permit issued by the Colorado Division of Water Resources. In the event that any lot owner(s) discontinue use of the Lewis Well with the consent of the other lot owner(s) pursuant to this Paragraph 8, such discontinuing lot owner(s) interest in the Lewis Well shall revert in pro rata ownership to the other remaining lot owners still using the Lewis Well. 9. Operation and Maintenance Expenses. The owner(s) of each lot shall be entitled to use an undivided one-third (1/3) of the water produced by the Lewis Well. The LEWIS-covenants and well sharing agmt-3 Panorama Reserve Subdivision Declaration of Covenants Page 4 DRAFI' withdrawal of water from the Lewis Well shall be for domestic use in one single-family dwelling on each Lot, irrigation of not more than one-third (1/3) acre per lot and limited watering of animals as permitted by the State of Colorado. The owner(s) of each lot served by the Lewis Well shall pay one-third (1/3) of the costs of maintenance, operation, electricity, repair, and replacement of the Lewis Well, pump(s) and appurtenant facilities, and the costs of common water lines or other common water facilities. To the extent practicable, the use of electricity shall be monitored via an "hour meter" to be attached to the electrical line to the well pump. Such meter will allow records to be kept of electrical consumption each yezLr. If any lot is not hooked onto the Lewis Well, the owner(s) of such lot shall not be obligated to contribute toward operation and maintenance expenses. If any lot is hooked on but has not yet commenced service, no electricity costs shall be assessed against the owner(s) of such lot. In addition, the owner(s) of each individual lot shall be exclusively responsible for the costs of installation, operation, repair or replacement of any facilities used solely by that lot, including individual service lines and any individual storage tanks. The Declarant will establish the Panorama Reserve Subdivision Property Owners Association (the "Association") pursuant to the Uniform Unincorporated Nonprofit Association, Act, Colo. Rev. Stat. Sections 7-30-101 to 119. Each lot owner shall be a member of said Association and such Association shall be empowered to enforce all terms and conditions set forth in this Declaration. The Association shall meet once each year in June to appoint one owner as the manager of the Association. The owner(s) of each lot shall contribute $100 per lot (total of $300.00 each year) into an account to be held by the manager of the Association. These contributions shall be used first to pay monthly electrical expenses associated with operation of the well pump. Any surplus funds each year shall be held over in the account and designated for use in the event that the pump needs repair or replacement. If these funds are fully used in any given year, the owner(s) of each lot shall make additional proportional contributions (1/3, I/3, ll3) as may be necessary to cover expenses for that year. The Property Owners Association shall operate and maintain the Potable Water System and pay any associated costs for maintenance, operation, repair, replacement, or improvement of common facilities. Non-essential maintenance, operation, repair, replacement or improvement of any part of the Water System shall only be performed after consent of all lot owners. The Property Owners Association shall be empowered to assess each lot owner proportionally for common expenses in excess of annual required contributions, and to lien the property of any lot owner who fails to timely pay any such assessment. All lot owners shall be entitled to an accounting of use of community funds upon reasonable request to the manager, who shall keep records of contributions and expenses for operation and maintenance of the Potable Water System. 10. Collection of Joint Expenses. As set forth above, a homeowners association to be known as the Panorama Reserve Subdivision Property Owners Association shall be established by the Declarant pursuant to the Uniform Unincorporated Nonprofit Association Act, Colo. Rev. Stat. Sections 7-30-101 to -119. This Property Owners Association shall levy and collect from each lot owner his or her share of common expenses for the Lewis Well, electricity, or other cofirmon expenses within fifteen (15) days from the time at which a written statement of expenses is presented for payment by the manager of the Property Owners Association or the owner(s) of any other lot. In the event that the owner(s) of any lot fails to pay his or her share of common expenses within thirty (30) days of presentment of a statement, interest on the unpaid LEWIS-covenants and well sharing agmr3 Panorama Reserve Subdivision Declaration of Covenants Page 5 DRAT'T amount shall accrue at the rate of eighteen percent (187o) per annum, beginning thitty (30) days after presentment. [n the event that any lot owner fails to pay any amount due, including any accrued interest, within six months from the date of presentment for payment, water service to the delinquent lot may be discontinued. However, notice shall first be given to the non-compliant lot owner by certified mail sent no less than thirty (30) days prior to termination of service to the last known address of the delinquent owner. Any lot owner(s) that have paid the delinquent owner's share of costs and expenses shall be entitled to pursue any remedy available at law or in equity for a breach of this Agreement. Reasonable attorneys' fees and costs incurred by the owner(s) of any lot(s) or the Property Owners Association in the process of collecting any amount due from any other lot owner(s) pursuant to the terms of this Declaration shall be paid by the delinquent lot owner(s). 11. Access to Lots A and B. As shown on the plat map attached as Exhibit A for the Panorama Reserve Subdivision contemplated herein, Lots A and B will be served by a single point of access from the County Road known as Panorama Drive meeting the primitive residential standards called for in Section 9:00 of the Garfield County Subdivision Regulations, with Lot A and Lot B to each have their own driveway spur off of this access road. The driveway access shall be a public road that will be maintained by the Property Owners Association. The Property Owners Association shall assess the owner(s) of Lots A and B each for fifty percent (507o) of expenses associated with construction, operation, maintenance, repair or replacement of the access road, which shall be constructed in a manner that complies with all applicable Garfield County standards, including but not limited to Section 9:00 of the Subdivision Regulations which also requires thirty-foot wide accesses with a single lane at least twelve (12) feet in width with a native surface, and a "hammerhead" turnaround at the driveway spur of each Lot A and Lot B. In addition, this access road and the driveway on Lot A shall serve as the vehicular and pedestrian access easement to the Well. In accordance with Paragraphs 9 and 10 above, each Lot (including Lot C) shall be assessed a portion of maintenance of this access easement as it pertains to the Well to be determined by the Property Owners Association. 12. Pets. One dog shall be allowed for each residential unit and the dog shall be required to be confined within the boundaries of the lot upon which the dog's owner resides. 13. Foundations and Individual Sewage Disposal Systems. A professional registered engineer with the State of Colorado shall engineer all foundations on each Lot and all individual sewage disposal systems (ISDS) used to serve each Lot. ISDS systems shall be maintained by each individual lot owner as follows: (1) septic tanks shall be inspected, cleaned and pumped at a minimum of every two years by a professional; (2) leach and disposal fields of any kind shall be inspected by a professional every six months; and (3) disposal mechanisms such as pumps or dosing siphons shall be inspected by a professional every six months. After each such inspection, the owner of such lot shall provide a copy of the inspection report to the Property Owners Association. LEWIS-covenants and well sharing agmt-3 Panorama Reserve Subdivision Declaration of Covenants Page 6 DR{F-f 14. Fireplaces. No open hearth solid-fuel fireplaces will be allowed anywhere within the Leo Subdivision. One (1) solid-fuel burning stove as defined by Colo. Rev. Stat. Section 25- l-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. A1l dwelling units shall be allowed an unlimited number of natural gas or propane burning stoves and appliances. 15. Fire protection. In order to minimize fire danger within the Panorama Reserve Subdivision, all lot owners shall be required to: (l) remove vegetation within a reasonable distance from all structures in order to provide a safe zone in the event of a wild land fire; (2) consider the weights of fire apparatus and accessibility requirements when constructing access driveways into the lots; and (3) post addresses at points where driveways intersect the County Road and on each residence if shared driveways are used (letters for address signs must be no less than four inches in height, one-half inch in width, and contrast with background colors). 16. Drainage. On the Property, one existing culvert exists at the irrigation ditch that crosses the Property. The Lot owners shall be responsible to comply with Sections 9:41,9:42, 9:43 and 9:44 of the Garfield County Planning and Zoning Code in constructing any drainage facilities and each Lot owner shall be fully responsible for such as may be necessary for their Lot. Individual lot owners shall be responsible to provide their own grading, drainage and erosion control plans when they apply for a Garfield County building permit that shows how each lot will keep flows at historical rates, post construction drainage patterns and minimizing concentrated flows that discharge to adjacent properlies. In the event drainage facilities are needed for the access road described in Paragraph 1 1, above, such expenses shall be shared l/3 each by each Lot. All drainage plans must be engineered in accordance with the drainage plan prepared by Red Mountain Civil, Inc. and on file with the Garfield County Building and Planning Department. 17. Traffic impact fees. As determined on the final plat of the Panorama Reserve Subdivision and the Subdivision lmprovement Agreement (SIA), each Lot owner shall be responsible for their 1/3 share of the traffic impact fee to be submitted to Garfield County. Declarant shall be entitled for reimbursement for this fee when each Lot is sold. 18. Colorado "Right to Farm" Requirements. Pursuant to C.R.S. $ 35-3-101, the Lot owners 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 Lot owners 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 part of a legal and non-negligent agricultural operation. 19. County Maintenance Requirements. All Lot owners have the obligation 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 LEWIS-covenants and well sharing agmt-3 Panorama Reserve Subdivision Declaration of Covenants Page 7 DRAFT zoning and other aspects of using and maintaining property. Lot owners should consult with "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County for a reference to these requirements. 20. Exterior Lighting. All exterior lighting on any Lot will be the minimum amount necessary and all exterior lighting will be directed inward and downward towards the interior of the Property, except that provisions may be made to allow for safety lighting that goes beyond the Property boundaries. 22. Mineral Rights. The mineral rights associated with this Property have not been severed and have been transferred with the surface estate. 23. Covenants to Run. These covenants and restrictions shall run with all lots within the Property and shall bind the owners thereof, their successors and assigns. 24. Enforcement. This document may be enforced by any lot owner(s) or any governmental agency having jurisdiction over the matter, by an action for damages or for injunctive relief to restrain or mandate any action required by this document. The interpretation of this document shall be governed by Colorado law. Unless the parties to any dispute arising with regard to this document agree to an alternate form of dispute resolution, venue for any dispute arising with regard to this document shall be in the courts of Garfield County, Colorado. The prevailing party in any legal action to enforce this document shall be entitled to reasonable attorneys' fees and costs. 25- Amendments. This document shall be recorded in the real estate records of Garfield County, Colorado. This document may only be amended by the unanimous written consent of all lot owners within the Property. No amendment shall be effective until an instrument setting forth such amendment, signed by all lot owners, is recorded in the real estate records of Garfield County, Colorado. 26. Severability. Should any provision of this document be declared invalid or unenforceable by a Court of competent jurisdiction, such decision shall not affect that validity of any other provisions, which shall remain in full force and effect. DATED:,2006. DECLARANT: DRAFT LEWIS-covenants and well sharins asmt-3 CORT LEWIS November 21,2006 Mr. Fred Jarman Garfield County Planning 108 8'h Street, Suite 401 Glenwood Springs, CO 81601 RE: Panorama Reserve Subdivision Dear Fred: @Hff'ilHh Yrr:v,ED Wr;;:, ONSUTTINC AND A review has been performed ofthe supplemental information provided by Palomino Design-Build, P.C. and Red Mountain Civil for the Panorama Reserve Subdivision. Provided all the modifications are incorporated as discussed in their correspondence, all questions, concerns, or corrunents have been addressed satisfactorily with potentially one exception: In the original review letter item #1 stated: l. Irrigation does not appear to be a permitted use of the well. Though it appears that the Applicant owns irrigation shares, no description or design is shown for distribution of irrigation water, per Section 9:51 of the Subdivision Regulations. The applicant proposes to supply irrigation water from the existing well. In a letter dated August 18, 2006 to the Office of the State Engineer, a request was made to amend the well permit to allow irrigation as a permitted use. Verification that the request was granted and that irrigation is a permitted use of the well should be provided either by the applicant or from the Office of the State Fngineer. Feel free to call if any of the above needs clarification or if you have any questions or comments. Sincerely, { Mountaiq Cross Engipeering, lnc.ll -'. -'r';' I I; i.L,-^, .=--.Y&t/'i\ .9lfir Hale, PE \' C: Mr. Jack Palomino, Palomino Design-Build P.C. 826'l/2 Crand Avenue . Glenwood Springs, CO S1601 PH: 97O.945.5544 . FAX: 970.945.5558 . www.mountaincross-en8.com EXHIBIT*s 5 / U:lq t :cf .{u Semuelson PunP co. PO Bor X9? Glenrood SPrings 'e70-945 -6309 LrDf,rlorTNa SFITVULL5UI\ TUIT LU IL 970-947-9{{8 rAbL OL/OL JOHN c- EEPEAXT lt co' IflAl.lI Il]t'l[IIO}l L{$OftAIUIIIS pHgttB: (ll' t) ltaz-rat3 i) Fer: (9"o, ,.S'zutt o oF^r|o Jui&rfloil. c6Etaoo 'tEcl .-< 4t! ilortL llrruc ' Recclved frmu Cs6tilti€r No. - ANALYTICAL f,EFORT - FA.f,: co 81501 )1r6 wat er Lr/30/05tlltl /06 Drta E6ch^d Lab nunber Sanple ID Nitrate(Nl Nitrite(N) Dissotved Solids Tota I col iforn Bacteria 3436Vatel rec'11/17' UPS LInits for Drinking SUPPI tes ' Co lo. Dept. Health 0.05 rell 0,00 ngll 298 sz/l O colll0Oml l0 nsll I rsll s00 oell nust be less than I Lab Dlr.:B. Bauer LLt 3Al 4rJull LA. JZ