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Home My WebLink About5.0 CorrespondenceRECEIVED JUN a 2003 GARFIELD COUNTY BUILDING & PLANNING 3 June 2003 Ms. Kelly Wood Division of Wildlife 50633 Highway 6 and 24 Glenwood Springs, CO 81601 STAN CLAUSON ASSOCIATES, LLC Planning • Urban Design Landscape Architecture Transportation Studies Project Management 200 EAST MAIN STREET ASPEN, COLORADO 61611 TELEPHONE: 970.92 51323 FAX: 970.920.1628 E-MAIL: clauson@scaplanning.com WEB: www.scaplanning.com Re: Cowgill Subdivision, Missouri Heights, Garfield County Dear Kelley: Thank you for your recent telephone message. I understand that there will be a regular referral provided to you by Garfield County. However, in the interest of expediting your familiarity with the site and to identify any significant wildlife issues, if there are any, I am sending a copy of the plan for the proposed subdivision. If you could provide a preliminary response based on DOW mapping, that would be greatly appreciated. Please call if you have any questions, of if you would like to set up a site meeting. Very truly yours, Stan Clauson, AICP, ASLA STAN CLAUSON ASSOCIATES, LLC Encl. Cc: Tamara Pregl, Garfield County PL.NNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS 21 October 2003 Ms. Tamara Pregl, Senior Planner Garfield County Building & Planning Department 108 8a` Street, Suite 201 Glenwood Springs, CO 81601 RECEIVED OCT 2 2 2003 t;riy t) COUNTY BUILDING & PLANNING Re: Cowgill Subdivision Preliminary Plan Dear Ms. Pregl: STAN CLAUSON ASSOCIATES, LLC Planning • Urban Design Landscape Architecture Transportation Studies Project Management 200 EAST MAIN STREET ASPEN, COLORADO 81611 TEL E PE I O N E: 970.925.2323 FAN: 970.920.1628 E-MAIL: clauson@scaplanning.com WEB: www.scaplanning.com In response to your letter dated on 6 June 2003 indicating that the application for the Cowgill Subdivision Preliminary Plan is incomplete, we have made the following changes to the submittal and provided additional meterials as identified in your letter: 1. The "Planner," Stan Clauson Associates LLC, has been added to the Preliminary Plat sheet. 2. After discussions with the caretaker who runs the water for Ursula Cowgill and Jack Stoner who runs the Needham Ditch up to the splits at Cattle Creek Ranch (above Ursula Cowgill's property), it was determined that the ditches on the property are laterals of the Needham Ditch and do not have defined easements. These laterals have been located on the plan sheet. 3. We have provided a general statement about the wildlife on the property in the form of a checklist, provided by the County's GIS Department. We also discussed with Rob Hykys about obtaining a map showing the wildlife designations on the property. Mr. Hykys stated that maps are not typically created for this purpose unless some special issue causes the County Planning Department to request them. 4. A 24" X 36" drainage map is provided as Sheet 3 of the Preliminary Plan set. 5. The report by CTL/Thompson, Inc. indicates that the soil in the area will percolate adequately for Individual Sewage Disposal Systems. The septic systems cannot be located until a site plan is prepared for each residence and an appropriate area is determined. The County requires site-specific percolation tests be performed in the location of the proposed leach field. This cannot be performed until the location of the leach field is to be proposed with the building permit application. Therefore, the septic system will be constructed within the building envelope, and percolation tests will be performed once a preliminary layout is determined. 6. Several fire protection methods can be incorporated for the area. These include maintaining a defensible zone around the house and outbuildings, and providing sprinkler systems within the residences to be run by well water. The sprinkler systems can become costly, PLANNING AND DESIGN SOLUTIONS FOR COMMUNITIES AND PRIVATE SECTOR CLIENTS but the defensible space requirements can be easily incorporated as a condition of approval. The fire district should make recommendations on referral of the application. 7. The access roads are now correctly located in right-of-ways. 8. All utility and road plans have been stamped "Not for Construction." 9. A Letter of Authorization from the applicant granting permission to act on her behalf is enclosed. 10. The "Application form for subdivision" and the "Agreement for Payment" forms have been completed and are enclosed. 11. A "Submittal Form for Land Use Reviews" by the Colorado Geologic Survey is enclosed, along with a check for $485 made out to the CGS. Moreover, please note that the physical address was originally incorrectly identified on the Preliminary Plan submittal. The correct physical address is 4020 County Road 103. This will be corrected on the application booklets when they are submitted following your review of these materials. The revised maps have been provided as a single copy. We hope that these responses address the issues of technical non-compliance for the Ursula Cowgill application, and that it will be deemed complete and ready to enter the approval process. The required copies will be provided on notification that the application is deemed compliant. Very Truly Yours, Stan Clauson, A1CP, ASLA STAN CLAUSON ASSOCIATES, LLC Encl. Cc: Nathan Bell, Gamba Associates Robert M. Noone, Esq. Owner January 20, 2004 Celia Greenman, Geologist / Land Use Manager Colorado Geologic Survey Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 RE: Review Fee for Cowgill Subdivision Dear Celia, Garfield County BUILDING & PLANNING DEPARTMENT As promised, here is the initial check from the applicant for your review of the application in the amount of $485.00. 1 have contacted them for the additional $110.00 as this property is over 20 acres in size. They will send you an additional check for this amount. 1 look forward to your thoughts on this subdivision. Do not hesitate to contact me in the event you have any questions. encl. Check Very truly yours, Fred A. Jarman, . !' Planner 970.945.1377 ext. 1570 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 January 26, 2004 Stan Clauson, Stan Clauson Associates, LLC 200 E. Main Street Aspen, CO 81611 Garfield County BUILDING & PLANNING DEPARTMENT [FAXED on 1/26/04 with hard copy to follow] RE: Preliminary Plan for the Cowgill Subdivision Dear Stan and Tanya, Please see the attached copy of the letter from the Division of Water Resources which ultimately indicates that "due to the lack of a water court approved augmentation plan, the State Engineer finds, pursuant to Section 30-28-136(1)(h)(i) C.R.S., that the proposed water supply will cause material injury to decreed water rights and is inadequate. So you understand, this Department cannot recommend approval of this preliminary plan based on this determination of the State Engineer. If this status has not changed by the hearing dates, this Department will recommend denial of the application to the Board of County Commissioners. In the event you should have questions, do not hesitate to contact this office. Very truly yours, Fred A. Jarman, AICP, Senior Pla 970.945.8212 encl. Letter from the Division of Water Resources dated 1/22/04 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 (970) 945-8212 (970) 285-7972 Fax: (970) 384-3470 STATE 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 January 22, 2004 JAN 2 Mit wwwwater.state.co.us Fred Jarman y; Garfield County Building and Planning 108 8th St Ste 201 Glenwood Springs CO 81601-3355 RE: Cowgill Subdivision Preliminary Plan Government Lots 1 & 5, Sec. 13, T7S, R88W, 6th PM W1/z Lot 13, Sec. 18, T7S, R87W, 6th PM Water Division 5, Water District 38 Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer Dear Mr. Jarman: We have reviewed the above referenced proposal to subdivide a 52.10 -acre parcel into 6 Tots, each of which is to contain one single-family dwelling. Water is to be provided for use in a single-family dwelling, the irrigation of 2500 square feet of lawn and garden, and watering two head of livestock for each lot. The applicant proposes to provide the water supply through wells to be augmented per pending Case No. 03CW074. The lots will be served by individual septic systems. The source of the proposed water supply would be from, or tributary, to the Roaring Fork River, which is a tributary of the Colorado River. The Colorado River is overappropriated, therefore an augmentation plan is required to offset depletions caused by the use of watery this development. Note that Section 37-92-602(3)(b)(III), CRS, requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. Therefore, the existing exempt wells must be included in an augmentation plan, or must be plugged and abandoned since the provisions of CRS 37-92-602 which allowed for issuance of the well permits will no longer apply. Due to the lack of a water court approved augmentation plan, the State Engineer finds pursuant to Section 30-28-136(1)(h)(I), C.R.S., that the proposed water supply will cause material injury to decreed water rights and is inadequate. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Chief of Water Supply DW /CML/Cowgill.doc cc: Alan Martellaro, Acting Division Engineer Bill Blakeslee, Water Commissioner, District 38 G A M B A & ASSOCIATES CONSULTING ENGINEERS & LAND SURVEYORSY ww L AAAA aK PHONE: 970/945-2550 FAX: 970/945.1410 113 NINTH STREET SUITE 214 P.O. Box 1458 GLENWOOD SPRINGS, COLORADO 81602-1458 January 26, 2006 Bob Noone The Noone Law Firm P.O. Box 39 Glenwood Springs, CO 81602 Sent via e-mail. RE: Cowgill Subdivision, estimated engineering fees necessary to complete Final Plat. Dear Bob: Recently you requested that Gamba & Associates, Inc. (G&A) provide an estimate of our fees for engineering and surveying work necessary to complete the Cowgill Subdivision. As you are aware, Nathan Bell P.E., the engineer responsible for this project is no longer with G&A. In order to provide a reasonable estimate I have reviewed our file and the Garfield County Staff Report dated February 11, 2004. From my review and conversations with you and Nathan the following are what I understand to be the issues which still require resolution: 1. Provide percolation test results anticipated to be adequate for County Staff. 2. Prepare and submit County Road access permit applications. 3. Prepare a Vegetation/Weed management plan. 4. Prepare the Final Plat and necessary final engineering designs. The percolation testing has been performed and a report was prepared by CTL/Thompson in November of 2004. We hove copies of that report available in our office. I believe our client paid for this work directly. We estimate that the preparation of the County Road access permit applications will cost approximately $1,000. We believe that we can prepare a weed management plan sufficient for County staff. We envision such a plan would include an inventory of weeds present on site, a proposal for weed control (we believe that the current plan would be acceptable), mapping to depict the on-site weed inventory and vegetation. We estimate that the fee for the above described work would be $900 to $1,400 and that the scope of work with respect to weed management would be adequate. Please note, however, that if the County Cowgill Subdivision, estimated engineering fees necessary to complete Final Piot January 26, 2006 Page 1 of 2 requires more detailed analysis and/or more detailed mitigation planning, it may be necessary for our client to hire a specialist in the field which is not included in our estimated fees for this item. We estimate that the preparation of the Final Plat and related documents which we would prepare would cost $4,000 to $6,500. The total estimate for items 2 through 4 listed about would be $5,900 to $8,900. These estimates are based on our anticipated scope of work; if the actual scope of work differs significantly these estimates will change. These estimates have been prepared for planning purposes only and shall not constitute a proposal for engineering and/or surveying services. If you have any questions, please call. Sincerely, Gamba & Associates, Inc. Chris Furman P.E. Cowgill Subdivision, estimated engineering fees necessary to complete Final Plat January 26, 2006 Page 2 of 2 MEMORANDUM To: Fred Jarman From: Steve Anthony Re: Comments on the Cowgill Subdivision Date: February 2, 2004 Thanks for the opportunity to comment on the Cowgill Subdivision. My comments are as follows. Noxious Weeds The applicant has provided a general vegetation map, however the map does not include a weed inventory. Please provide a weed inap of the property based on a weed inventory of the County Noxious Weed List. (list attached) Please provide a weed management plan based on the inventory. If the applicant has managed weeds on the property in the past, please provide a history of what has been done. If there will be covenants for this subdivision please address weed management (the State Weed Law and Garfield County Weed Management Plan) in the covenants. Common area weed management shall be addressed as well as for individual lots. STATE OF COLORADO Bill Owens, Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Acting Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297-1192 Northwest Regional Service Center 711 Independent Avenue Grand Junction, CO 81505 970-255-6100 FAX: 970-255-6111 February 4, 2004 Mr. Fred Jarman Garfield County Building and Planning Department 108 8thi Street, Suite 201 Glenwood Springs, CO 81601 RE: Cowgill Subdivision Preliminary Plan Dear Mr. Jarman: For Wildlife - For People Cowgill Subdivision contains several important habitat areas for wildlife, including elk, mule deer, mountain lion, bears and numerous bird species. The property has been identified as big game winter range by the Division of Wildlife. Mule deer and elk use this area for resting, foraging and to move between different habitat areas. Although the proposed density is about 8 acres per lot, it will impact wildlife. Studies have shown that habitat loss, conversion and fragmentation are the most serious issues facing wildlife. While the dedication of almost 31 acres of open space is commendable, there are no written plans as to the allowable future uses of this open space, some of which could obviously be detrimental to continued wildlife use. The Division of Wildlife, local residents, and wildlife are experiencing problems with dogs running at large and harassing wildlife, especially wintering deer and elk. When elk and deer have to flee from dogs, they use energy stored for winter survival Although a dead elk/deer is not immediately seen, stress and the energy used fleeing from dogs may cause their death at the end of winter or early spring before they can get the nutrition they need. Pet owners need to be responsible and in control of their pets at all times. Civil and criminal penalties are available to the Division of Wildlife if dogs are caught harassing wildlife. We recommend that the Homeowners Association actively encourage owners to control their pets and enact penalties for those that don't. If fencing is necessary, it should be kept to a minimum to facilitate wildlife movements, optimize habitat availability, and reduce wildlife mortality. The Division of Wildlife has a pamphlet available through DWM Kelly Wood, "Fencing with Wildlife in Mind", which has acceptable fencing designs for wildlife. DEPARTMENT OF NATURAL RESOURCES, Russell George, Executive Director WILDLIFE COMMISSION, Rick Enstrom, Chair • Philip James, Vice -Chair • Olive Valdez, Secretary Members, Bernard Black • Tom Burke • Jeffrey Crawford • Brad Phelps • Robert Shoemaker • Ken Torres Ex -Officio Members, Russell George and Don Ament Mr. Fred Jarman Page 2 Other wildlife concerns include: Black bears - although infrequent, black bears may wander into this area and we would recommend that all trash be stored in a bear -proof trash container to prevent conflicts with bears and other wildlife such as skunks and raccoons. The Division has a list of companies providing such containers if needed. Bears and other wildlife are also attracted to pet food left outside, hummingbird feeders, BBQ's and compost piles containing food items. Mountain lions - although rarely seen, mountain lions frequent this area. There are preventive measures that residents can take to reduce the potential for conflicts. Brochures with this information are available through the DOW and should be distributed to all residents and visitors. Bald and Golden eagles have been seen on and near this property during the winter. They use this area primarily as a foraging area. We would recommend minimizing the disturbance during construction as much as possible to the large perch trees between November 15 and April. These trees should also be left to maintain these perch sites for raptors after construction. If horses are allowed, we recommend storing hay and grain in a manner that minimizes conflict with the local wildlife. Since deer and elk inhabit and move through this area, haystacks should be enclosed or surrounded by an 8 foot high mesh fence. Grain should be stored in bear -proof containers. Thank you for the opportunity to comment. If you need further information, please contact Kelly Wood, DWM, at 947-2931. Sincerely, Poll 0 t%LP.andt Ron D. Velarde Northwest Regional Manager cc: DOW -J. Smeltzer; P. 'fucker; File STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Department of Natural Resources 1313 Sherman Street, Roorn 715 Denver, Colorado 80203 Phone (303) 866-2611 FAX (303) 866-2461 February 3, 2004 Mr. Fred Jarman Garfield County Planning Department 109 8t Street, Suite 303 Glenwood Springs, CO 81601 GA -04-0007 Legal: Sec. 13, T7S, R88W 5-A rvil_ FEB 0 0 2004 GAt:I-la_LU UOUNTY BUILPiN( & PLANNING RE: Cowgill Subdivision Geologic Hazard Review Dear Mr. Jarman, DEPARTMENT OF NATURAL RESOURCES Bill Owens Governor Russel! George Executive Director Ronald W. Cottony Division Director Ronald W. Cottony Acting Siete Geologist Thank you for the land use application referral. At your request and in accordance to Senate Bill 35 (1972) this office has reviewed the materials submitted by your office. The preliminary plan documents include a geologic evaluation and preliminary geotechnical investigation by CTL/Thompson, Inc. (CTL) dated December 2, 2002 (Job. No. GS -3811). The CGS conducted a site inspection on January 28, 2004. Please consider our observations in your land use decisions. We have the reviewed the site and find no geologic hazards that would appreciably impact the development as proposed. We generally concur with the report by CTL concerning the ground conditions at the site and the fairly minor impacts they have on geotechnical engineering for residences and roadways. There is an important omission in the report concerning the local geology, though. The site is within a regional collapse, called the Carbondale Collapse Center, that is related to dissolution and plastic -type flow of evaporite bedrock below the surficial soils and basalt. This site is on a flexural edge within the collapse center. The geologic map of the Carbondale Quadrangle shows the site at the transition from relatively intact Missouri Heights sediments to mapped collapse debris, and a tensional and flexural fault swarm related to collapse lies just north and northeast of the property. Sinkholes also have been mapped within a mile of the site. Movement rates are poorly constrained in the recent geologic past (less than 10,000 years) and we are currently unaware of any distress to a structure that was attributed to regional subsidence. Hence, we consider the potential risk of subsidence related to regional collapse to be very low for the normal lifespan of residential structures at this location. Nonetheless, it is still a potential geologic hazard and should be disclosed to prospective lot buyers and home owners. More information on the Carbondale Collapse Center can be found in the Colorado Geological Survey publications, OFR 97-3 - Geologic Map of the Carbondale Quadrangle, and Map Series 34, Collapsible Soils and Evaporite Karst Hazards Map of the Roaring Fork River Corridor In closing the CGS finds the CTL report appropriately addressed the geologic and geotechnical conditions of the site for development purposes. There recommendations in the preliminary building considerations section of their report should be compiled with. Provided water wells and ISDS design meet state and county regulatory requirement, and there is disclosure to prospective buyers that the site is within the Carbondale Collapse Center and there is some undefined low risk of ground subsidence at the property site, the CGS has no other concerns with the development as planned. If you have any questions please contact this office at (303) 866-3551 or e-mail: ionathan.white@state.co.us Sincerely, Jonathan L. White Senior Engineering Geologist Dear Garfield County Planning Department. w 1 2004 � ILOIG 3. PANNING As one of the adjacent Housing Enclaves next to the proposed Cowgill Subdivision request; we are opposed to the granting of this request. All of our lots are 17.5 acres which is harmonious with the surrounding properties and appropriate for this pristine area of Missouri Heights. Allowing the applicant to -subdivide a 52 acre parcel into 6 lots is incompatible with the rural and low density character of -our "neighborhood". We have all applied for or been granted water augmentation plans due to the insufficient water in Missouri Heights. The Cowgill growth will negatively impact ALL existing / decreed water table users in the area. Please deny their request to subdivide this property in this manner . Thank You. Rimled e Homeowners Association Mark Tye, Skip Ackerman,Matt Moore, Bob Bacon, Gordon Denton, Mark Dietzgen,Jim Byrnes 100713S41Z9 p` 0 G ��N�a1NG 4�}l��ll� Garfield County Planning Commission 108 8`l' Street, Suite 201 Glenwood Springs, CO. 81601 Dear Planning Commissioners: 261 Simpson's Point Rd. Brunswick, ME. 0401 1 February 28, 2004 We received the notice for the Public Hearing (which we understand has been postponed) on March 1 S' for the proposed Cowgill Subdivision on County Road 103 in Carbondale and as owners of a home at 3714 County Road 103, we hope you will consider thoroughly the impact the subdivision may have on the water resources and wildlife in the area. It appears that drought weather patterns over the last few years and increased water demands are impacting the ground water supplies on Missouri Heights. We want to make sure that there is an adequate amount of potable water to service the proposed 6 lots and that it will not adversely affect the yield of the existing wells. Two of our adjacent neighbors share a well, which is not always a satisfactory choice. We are also concerned that the elk and deer population may be affected by more residential growth since this is a migration route for the elk. We have been unable to review the preliminary plans and cannot attend the hearing, but we feel that the issues regarding adequate water resources and impact on wildlife should be studied if it has not already been done. We hope that these issues are addressed before the preliminary plans are approved. Thank you. Sincerely, tuc e List Betsey Deryl Kipp John ifariin larnvii..,.I Spring', (1) I.nrrq tttCA, 44,i tt11k. CO 1r(. %.t ilrvof (:k•nwev41 Smog:. ►t�_ I ^rtitils til. (ton P.O. [lux 132? Carbondale. CO It 1 G' 3 111K iM I t 'ill {'I'I41C 10iI 11 Il l Rcc pt,col: 720408 2$'II?:200' 04 to a ;-i rl 1+4;4 P.i:?l7 1 of 1 Ree Fee $0 30 Doc re* P 4C C *If .t) :JvAia r Garfield County BOARD) OF CM VTY COMMISSIONERS Board of Courtly Commissioners Garfield County, Colorado April 2. 2007 Re: ke=le=fx{e= lit tet rvt Fats=a1 ent " ai 1/xnrar tray Phu Recorded Mot 13. /9.,k4 (ender Ke ivilio s -4-1019N Item Nis. (`ott'gi11: The purpose of this letter is to confirm that Board of -County Commissioners of Garfield ('otlnh1 claims no interest, on behalf of the County or the public. in that certain 50 loot nide -Access Easement- more partitularlh ilrwribcd on the Plat attic Mackie 5ubdit iiilrn Exemption ; ppro%ed Reiolntion X( --Bl and tiled in the record,. of the (iarfeltl County Clerk and Recorder's (Alice on ?slay 13, 1986 under Rect.-pilot' No. 37098. 11114: Ari:CCss La':A:111 1a %%ati IlC%Cf Ctilrt e%ed to the County- or the public, acidic! the. County near the public ha' ever used the cress Easement. the Access Casement tsas never placed on an <wllir sal (-otint} Road 7t lap.. the ('clung rte n t•r expended am, hinds in improving or maintaining the :►Cres.` Easement. and the Acres, I::.tscni nt Licks access to Cotinvy. Raab 1113 or any other public richt of t.tt . I he Access Easement nt has tuner been constructed or used 1 1lrrlrer, txhatent:r interest, if any. the ('tamely or the public may hats: ha11 in the .iwt:iti, 1:3-Se1ncnt tit a, 1t1licialty 1e~kased and abandoned by the formal action of the Board of Count) (.'ornnrissione r -F.. in approving the Amended Subdivision Exemption flat of lot "lc. Mackie Subdit iaion.lxenlp1ioti. tiled in the rztortls of the Garfield Counts Clerk and R order's Office on October 6. 199' under Reception No. 553312. Very t ruly Yours. Board of ( ah (: missiuners Garfield County. Colorado MS Eighth Street, Suite 213 • filrarrtotrd Springs. GO 81601 i f17/ri fi#C C%1!i/ F.'.,__ ifi7fl4 li 4C 77f1C