HomeMy WebLinkAbout2.0 Staff ReportExhibit A:
ExhibitB:
ExhibitC:
Exhibit D:
ExhibitE:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit I:
Exhibit J:
EXHIBITS
MCKEE SUBDIVISION EXEMPTION
Proof of Certified Mailing Receipts and Publication
Garfield County ZoningRegulations of 1978
Garfield County Comprehensive Plan of 2000
Garfield County Subdivision Regulations of 1984
StaffReport dated September 9,2002
Appl ication lvlaterial s
Letter from Mark Morgan, Fire Chiefl Rifle Fire Protection District dated
July 22,2002
l,etter from Matt Sturgeon, City of Rifle Planning and Development
Deparfinent dated August 23,2002
Copy of Well Permit for subject properly date July 6,1993
Copy of Change in Ownership/Address/Location document.
Well Sample dated October 16,2002
Letter from Western Water Treatment, Inc. dated September 23, 2002
regarding treatment of water from Beaver Creek
Letter from Bob Klendq Water Commissioner, dated [fax dde] October
22,2002
Email from lvlatt Sturgeon, City of Rifle Planning and Development
Department, dated October 22,2002
N)DMIONAL EXHIBITS
(Received after the September 9,2002, meeting)
Exhibit K: Letter from Samuelson Pump Company,Inc. dated October 2,2002
regarding well test
Exhibit L: Water Analysis conducted by Evergreen Analytical, Inc. prepared
September 1,1999
Exhibit M:
ExhibitN:
Exhibit O:
Exhibit P:
Exhibit Q:
Exhibit R:
Exhibit S:
Exhibit T:
Facsimile from Jay Mall, Garfield County Road and Bridge Department,
dated September 12, 2002
Map of amended driveway access points per the Garfield County Road
and Bridge Department
Email from Bill Sappington, City of Rifle Public Works Director, dated
October 28,2002
Letter from Bob and Genevie Hooker dated October 16"2002
BOARD _tu4l02
Continued Item from gtgtL2
TP
PROJECT INFORMATION AND STAT'F COMMENTS
TYPE OF REVIEW:
SUMMARY OF'REQUEST:
APPLTCATTTT(s):
REPRESENTATIVE:
LOCATION:
An Exemption from the definition of suMivision
(McKee Subdivision Exemption)
The Applicant requests an exemption from the rules of
zubdivision to subdivide a40 asreparcel of land into
four (4) parcals.
Paul and Pmela S. MoKee
Thomas W. Stuver of Stuver and Lemoing p.C.
The subject property is addressed as g70g County Road
320, Rifle, Colorado. The subject prop€rty lies south of
County Road 320 and southwest of Beaver Creek Road
(County Road 317), with a small portion southeast of
Beaver Creek Road.
REASON FOR CONTIITIUANCE:
The request for a Subdivision Exemption for the creation of four lots was continued at the Septembcr 9,2002, regalat Board me*ing to allow the Applicant adequate ti-" to submit updated wat€r quatity testsfor the existing well proposed to support threl residencer. rnr water quatity tests submitted wift fteapplication were conducted in 1999 and identified solvents that typicalshould not be detected. Inadditioil, the Applicant was also required to provide documentadon with regard to the dependability, thephysical supply, of the \ilater supplied from ieaver Creek proposed to servJ one of the four new lotg aswell as the method of treatnent of this. Finally, staffwas iltr*ted by the commissioners to solicitcommenh from the Road-and-Bridge Deprtnent with respect to the sight distances of the proposed newdriveways offof co,nty Road 3lTlBeaver creek Road) ioo Co*tv Road 320.
ISSUES
**#.tt-,1lrfiql provided.a letter from Samuelson Pump Company, Inc. @xhibit K) which
T:Y::.9:1*_-Tr*sf.tt can prwide a*eh water to ,rpport Uoee r"siA*rrr. rn" Appticant hasrv AyyuwtutD
*:::15::y^T*Ti'.:"_r{:f* by Evigreen Anar}.d;;, hc. (Exhibit L). rhis warer analysis is*-:lg -
water analvsis (Exhibitr) proiaei"t tt e sepiemier e, z[dli-*iie.]a, oot"a
llilTll,,ll^,{l: *:.ir for continuing the apprication was to ,il; d;;pu.L adeq,are time toprovide updated water quality tests since tnC water analysis provided at the s.ptJ"uo -""tirg were overthree years old.
FaverrcrE! The Applicaart provided a letter from western water Treafinent, Inc. @xhibit N) datedSeptember 23,2002, regarding the treaheirt of the water obtained from Beaver Creek. According to thislefrer, the water can be adequately fieated to ensure safe consumption. The appri.*iaso provided a
M c Ke e Sub div is i on Ex e mpti on
BOCC - I1/4/02
page 2
letter from Bob Klenda water commissioner,_(Exhibit o) regarding the dependability of fhe warer. Mr.Klenda has indicated that in his tenure Beaver creek has not uI"* ary. This is contary to testimony takenat the public hearing on Se,pternb er 9,2002, and from the comments received from thi City of Rifle(ExhibitIO.
Access: Per the Board'srcques! staff supplie{ a.cog.v of the application to the Road and BridgeDepartnent for comments with respect to ihe sight ffitan .il,g county Roads 320 and 317 for theproposednew driveways. Jake Mall, Garfield County R".d ilBriag. Drpurm*i providedunittencomments (Exhibit O' Mr. MaIl met with th9 property "*;;, site-and identified tivo access points ononto county Roads 317 aad 320 which meet the r&oir.-*t" orCIr nora ;d Brilg; Dqpartuent Theseaccess points were agreed T".r.-b.y9" propefiy owner. The locations of the * *Jo, points areillustrated on a site map in Exhibit R. ^
Mr' Mall that the driveway for Parcel 4, onto county Road 320, be located east of theproposed access point ry-proximately 100 feet. es roiparcetr z *o 3, trdr. Mall recornmended a shreddriveway offof Beaver creek Road/County Road 317. A shared ac@ss agreement shall be submittedprior to the finalizmion ofthe Exemption plat.
staffreceived an email ftom the city of Rifle Public works Director Bill sappin$on (Exfiibit s)regarding the location of a drivewErover the Beaver creek raw water line. Mr. sappington is concemdthat the installation of a driveway would reduce thr d.eth;i.o* oro the pipe causing frost issues. Inaddition' a driveway 1".Id*qiase]oading oler the pipe leading it to possibly break. staffalso receiveda letter of concern (Exhibit Q from Bob ani a*"i" H'olt""fr.;acent neighbors, with regard to theacoess onto Beaver creek Road (county Road 317). rne Hooters are also-concEmedwith the potemtialpipe freezing as a result of access oro tlr" water lines.
IIL SUGGESTED F'IITIDINGS:
l ' Proper posting and public notice was provided as required for the meeting before tre Boarrd ofCounty Commission€rs.
2' The meeting before the Board of cormty commissioners was extensive and completg trd allpertinent facts, matters and issues were submitted and that all intereJJ p*i", were heard at&atmeeting.
3' The proposed exemption has been determined to be in the best interest of the healt4 safety,morals, converdence, order, prosperity and welfare oia" citizens of carneia County.
4' The application has not met the requirements of the Garfield county Subdivision Resolutionof 1984' Section 8:00, Exemption-base on the tact oian adequate physical and quality watersoruc€ for the new lots.
H
t.
2.
3.
McKee Subdivision Exemption
BOCC _ I t/4/02
Page 3
Should the Board feel that the Appticant has adequatety addressed the issues of l) access onto CountyRoads 320 and 317 @eaver
-creek
Road), 2) phGcaudep*drbi; and potable *uto rrppry from BeaverCreeh T9 3) depelrdable and quality orwaterpioducedby the existing well, sraff recommends thatapproval be srbject, at a minimum" to the following conditions of this I**rptior, -'
All representations of the Applican! either within the application or stded at the meetingbefore the Board of County -ommissioners (BOCC), rnuff Ur.osidered conditions ofapproval.
The Applicant shall have 120 days (3/4103)to preseNrt a plat to the Commissioners forsignature from the date of approval or.oooitiooat upprona oithe enemption, untess mextension of time is requgste{-byt}re Applicant ard approved by the noCc.
-rne
pr,nt snafcomply with Section 8:33 of the Subdivision Regutations
Priorto the finalization of the Exemption Plat all physicat wder supplies shall demonstrdethe following:
A. That a fo,r (4) hour pump test be performed on the wen to be used.
B' A well completion report demonstrding the depth of the well, the characteristics of theaquifer and the static water level.
C' The results of the four (a) hour pump test indicating the pumping rate in gallons perminute and information showing drawdown mO reJnargi.
D' A written opinion of the person conducting the well test that this well should be adequateto supply water to the number of proposed lots.
E. An assumption of m average of no less than 3.5 people per dwelling uni! using 100gallons of water per perso& per day.
F' If the well is to be shar€4 a legal, well sharing declaration which discusses all easementsand costs associated with the operation md maintenance of the qyst€m and who will bereqponsible for paying these costs md how assessments will be made for these costs.
G' The-water quality shatl_ be tested by an independe,nt testing laboratory and meet Stateguidelines concerning bacteria and nirates.
H' Fo1 water supplies based on the use of cisterru the tank shall be a minimtun of 1000gallons.
rv.RECOMMENDATION:
4' The Applicant shall zubmit the applicable school site Acquisition Fees (S200.00 per parcel)
A.
B.
c.
5.
6.
7.
L
9.
10.
McKee Subdivision Exemption
BOCC _ t 1/4/02
Page 4
for the creation of the exernption parcels prior to approval of the exmption plat
The Applicant shall comply with the 1978 fuield County ZonngResolution and the
Colorado Departuent of Health standards.
The Applicmt shall comply with the recommendations of the Rifle Fire protection District,which include, but are not timited to:
Vegetatiorq 6- in height or higher, shall be removed from near any structures in order toprovide a safe zone in the event of wild land fire. This established safe zone shall bemaintained.
Addresses shall be clearly marked with non-combustible letters at a minimunl of 4 inches
in height ardVzinch in width and shall contast with background colors, md shall be
Yt,ll" from primary points of access. If a shared drivewiy is instalted, each residence
shall be addressed with the appropriate lettering.
Access tg the subject parcels shall be maintaina adequately to accommodate the weights
and turning radius of fire apparatus to pemlit acc€ss d*irgudn .r" weather conditioi;
Access Permits shall be gbtained md approved by the Road and Bridge Deparment for newdriveways prior to the submittal of a building pamnit application.
t t*tA driveway agreement shall be submitted for review by staffprior to the ffnalization ofthe Exennption Plat.
Utility lines shall be buried.
Anyneu; buildings shall avoid areas ofnatural drainage. Nahnal drainages should bepreserved to the maximum exte,lrt possible.
1l' 4" Exeurption Platshall comply with Section 8:33 of the Subdivision Regulations. TheExe,mption Plat shall also include the following notes:
B.
C.
All ease,me,nts, oristing and proposed, for ditohes, irrigation, and utilities.
One (1) dog will be allowed for each residential unit and the dog shall be reqtrired to beconfined within the owners property boundaries.
No open hearth solid-fuel fireplaces wilt be allowed anywhere within an exemption. One(1) new solid-fuel buming stove as defied by c.R.s. zi-l-+ot,st. sew., and ther%uldig-rypromulgatedthereunder,willdatlowedinanydwellingunit. aUaweUing
units will be allowed an unrestricted number of natural gasburning stores and 4,plianis.
D.
E.
F.
G.
H.
L
J.
McKee Subdivision Exemption
BOCC _ t t/4/02
page 5
All
-exterior lighting will be the minimurn a1nount necessary and all exterior lighting willbe directed inwmd towards the interior of the subdivifi;.*, that provisiin, frE, u,made tio allow for safety lighting thatgoes beyond,lr" pd.rry [ouudaries.
No fi*ther divisions by exerrption from definition shall be allowed.
Any new buildings shall avoid reas ofnatural drainage. Natural drainages shall bepreserved to the manimum extelrtpossible.
At a minim'm, a two day suppry of water, for each lot shan be stored on site.
only one house has the rights to the Beaver creek raw water supply. The mount ofwater available to this house is limited to 500 gallons p€r day
"r'6:;* to the conditions ofthe court dectee dated ostober 17, 1906, recorded in Book oz .tbug. 164 of the GarfietdCounty records.
Formdations and Individual sewage Disposal systems shall be engineered by aProfessioual Registered Engineer withinthe State of colorado. '
vegetation shall be reloled {om near my structures in order to provide a safe zone in9:::ll1. ytg fand.fire. wlan *orro"tirg *"rr-roJ*uvrLto,n" pucels,
1o::fg"^l llgl !" +-* to the weights ano-t"*in!,rdi;# ;A#; ilfu * .
lffi^T::drys *riry conditions. eoirrrr*i,h;d;rd;ffi;p;r;
shall be posted where the driveway intersects the county noaa ani;;;i"d#ilffiresidences if shared driveways areused. Letters shafl b; aminimum of 4 inches in Orr1q% inchin width, and contrast wirh background colors. The Rifle Fire protection Districtrequests to be contacted at the time of construction of the sfiuctures for ffnal upprorJ orthe water supply.
colorado is a *Right-to-Fam" state prusuant to c.R.s. 35-3-lol, et seq. Landownersrresidents and visitors mlst !e prepared to accept the activitier, rightr, sounds and smellsof ffield County's agricutturat operations as a nonnal and necessary aspect ofliving ina County with a strong rural character and a healthy r*mn!-rr"to.. All must be preparedto €,lroounte( noises, odor, lights, mu4 dust, snroki chemicais, maohinery * prufi.iouar,livestock on public roadl,ptorage and disposal of manurg *i tn, application by sprayingor otherwise of chenoical fertilizers, soil anemdme,nts, r,*iririarr, *d pesticides, uiy on"or more of which may naturally occur as a part of a legal and non-negligent agricrrtirraroperations.
ru
McKee Subdivision Exemption
BOCC - I l/4/02
page 6
AII owners of land whether ranch or residence, have obligations under Sate law mdCounty regulations with regard to the maintenance of fences and irrigation ditches,coutolling weeds, keeping livestgck md pets under controt, using properfyin accordmcewith zouing and other aspects of using aoo mainaining pr"p.rtja Residents andlandowners are encouraged to lecn about these rights ;d respo*itititio anO act as goodneighbors and citizens of the County. A good iniductory r;;; for such informarion is"A Guide to Rural Living_& Sman Scale agricrttoe,'put outby the colorado stateUniversity Extension Office in Garfield County.
PROJECT INF'ORMATION AND STAT ' COMMENTS
TYPE OF REVIEW:
SUMMARY OF REQUEST:
APPLICANT(S):
REPRESENTATIVE:
LOCATION:
EXISTING ZOITING;
AD.IACENT ZOFHhtc:
WATER/SEWER:
ACCESS:
McKee Subdivision Exemption
The Applicant requests an exemption from the rules of
subdivision to zubdivide a 40 acre parcel of land into
four (a) parcels.
Paul and Pamela S. McKee
Thomas W. Stuver of Stuver and Lennoine, p.C.
The subject property is addressed as 8708 County Road
320, Rifle, Colorado. The subject property lies south of
County Road 320 and southwest of Beaver Creek Road
(Cormty Road 317), with a small portion southeast of
Beaver Creek Road.
A/RIRD (Agricuttural Residential, Rural Demsity)
AflIRD'ad"Open Space (B.LM) along thc souftcast tip
of the subject property southeast of Beaver Creek noad.
Indvidiat Sewage Disposal Syste,m (ISDS). Existirig
well and Beaver Creek.
eounty Road 320 and Beaver Creek Road (County Road
317)
DESCRIPTION OF' THE PROPOSAL:
A' Devploomelrt-Proopsal: The Applicant proposes to divide approximatd 40 acres into folrparcels consisting of the following:
l. Pmcel I - 10.82 acres (firthering parcel)2. Parcel2 - 5.89 acres3. Parcel3 - 13.64 acres4. Parcel4 - 8.71 acres
McKee Subdivision Exemption
BOCC - 9/9/02
Page 2
Prcet 1.,. the fathering prcel, is improved with a singts family reside,lrce, detached gtrage,and m
outbuilding.
B' Site Descriptio.n: The subject property is fairly level, slightly sloping in the direction of County
Road 320. It appears that the property is used as a horse pasture. The subject property boundary, simiiar
to the adjacent properties, is defined by a fence. The vegetation on the zubject property is gra"sianO.
There appears to be a couple ditches that traverse the property, one along Beaver Cre"t Road and the other
one running parallel to County Road 320. The subject property is currenfly improved with a primary
residence, adjacent to County Road 320.
C. Zontng: It appers possible to meet the AIR/RD zoning requirements on the proposed lots. A
single family dwelling is a use by right in the A/R/RD zone distict. Accessory uses are allowed if they
are agriculturally related uses.
D. Relationship to the Comprehe, rsive Plan: According to the Garfield County Comprehensive plm
of 2000, this site lies outside of the City of Rifle 2 mile sphere of influence. The ricommended density is
no more than one dwelling unit per 2 acres. The lots proposed are greater than 2 acres.
E. Adiacelrt Land Uses: Similar agricultural uses and sparse reside,ntial land uses sruround the site.
F. Road/Access: The Applicant proposes access for Parcels 2 and 3 directly off of Cormty Road 3 17
(Beaver Creek Road), which is a gravel road that takes access from County Road 320, a paved ioad.
Parcel I currently takes access directly from County Road 320. Parcel4 will also be accessed offof
County Road 320.
G. Apelicability: Section 8:10 allows the Board of County Commissioners @oard) the discretionry
pow€r to o(empt a division of land from the definition of suMivision an4 thereby, from the procedure in
Sections 3:00, 4:00 and 5:00, provided the Board deterrnines that such exerrption will not i"ip"ir or defeat
the stated purpose of the Subdivision Regulations nor be detrimental to the general public welfre.
IL REVIEWAGENCY AIYD OTHER COMMENTS:
Comments were received from the City of Rifle Ptanning and Development Depar[neot (Exhibit H, pa1e
3) and the Rifle Fire Protection pirriJ (El<hlbtt c:prg" d),-;i"tr ir *rer".d rhroughout
this memorandum.
m REvrBw cRrrERrA FoR suBDrvrsroN ExEMprIoN (SECTION E:50)
The Board has the discretionary power to o(empt a division of land from the definition of subdivision,
and thereby, from the procedure in these Regulations, providcd the Board determines that such o<emption
will not impair or defea the stated prupose of Subdivision Regulations nor be detemnined to be
detrimental to the genoal pubtic welfare. The Board shall notapprove an ex€mption rurless the Applicant
has satisfied the following criteria
McKee Subdivision Exemption
BOCC * 9/9/02
Page 3
A. "No more thon a total offour (4) lots, parcels, interests or dwelling units will be createdfrom anyparcel, as thot parcel was described in the records of the Garfield Countybbrk and Recorder,s bfice oi
January l, 1973, *1il not a part of a recorded subdivisionj however, any parcel to be drvided iy
exempti-o\t that is split by o public right-of-way (State or Federal higlwqt, tounty rood or railroial o,taturalfeature, preventingioint use of the proposed tracts, and thidiviiion occars along the public
rtght-ofway or natural feature, such parcels thereby created may, in the discretion of thi Boird, not be
considered to have been created by exemption with regard to th; four (4) lot, parcel," interest or dwellingunit limitation otheT'v'ise applicable; For the purposes of definition, all'rraci of land thirty-fwe (35)
acres or greater in size, created afier January l, 1973, will count as parcels of land creatii Oy ixenption
sinceJanuary l, 1973.u
Response: Copies of the Applicmt's deeds and the deeds by which their predecessors took title beforeJmuary l, 1973 (1948 through 1992) were submitted. rne deeas demon&ate that the tracts to be
exempted as they exist prese,lrtly, are forty acres owned as one unit as of January l, 1973.
B. All Garfield County zoning requirements will be met.
Response: To staffs |nowledge all zoning requireurents have been met and are discussed throughout thismemorandum. The subjectproperty is located in the A/RIRD zone district which requires aminimum lot
size of 2 acres. All four tacts to be oeated are larger than 2 acres.
C. All lots createdwill have legat access to a public right-of-way and any necessary access
easements have been obnined or are in the process of being obiatned.
Response: The fathering parcel (Pmcel l) cunenfly has legal access offof County Road 320. The
Applicant shall obtainad receive approval from the Road-and Bridge Deparunent for driveway permits
to serve the three new lots prior to installation of the driveways.
D' Provision has been made for an odequote source ofwater in terms of both the legal and physicatquality, quantity and dependability, and a suitable type of sewage disposal io ,r-, ,o"iproporiaiot.
Response: The Applicant indicated that the proposed three (3) new lots shall be zupplied with domesticwell water from an exeNnpt well to be pemnitted drilled and complaed. The fouth, also remainder of thefathering parcel, shall be served from an existing tap on tne City of nifle, Beaver Cieek wder line. TheApplicant submitted a letter from the City of Rifle and a copy of tL" p"c.ee entered Octob€r 17, 1906,which includes the stipulation providing for 500 gallons of city water (unfteated) per dqy for domestic useto G.W.-TaughenbaugtL et al. In addid;rL the Applicant submitted a copy of deed recorded in Book 676
at Page 164 demonstrating that G.W. Taughenbaugh is the predecessor in ownership.
Upon further discussion with the Applicant's representative, staffunderstands thar the existing well willserve three of the fournew parcels. A copy of the well permit has been included as Exhibii f"prdJ1.The fourth parcel \ililt be served through the court Decree noted above. The Applicant provided
dosumentation of legal quantity and source of water forthe three new lots, howwer, the physical qgantity
McKee Subdivision Exemption
BOCC - 9/9/02
Page 4
of water and quality are issues. Well water quality tests were submitted with the well permit, however,
these tests were conducted in 1999. According to these tests, the wata quality meets State standards,
however, there are solve,lrts in the water, such as Benzene, Tolue,ne, Ethylbenzene and Xyleng that should
not be detected. Since the water quality test is over three years old, it is stalfs opinion ihat updated
water quality tes& of the well shall be conducted to detennine quality of water produced by the
well
Staffreceived verbal oomme,lrts from adjacent neighbors there has bee,n no water in the uea this yeu.
Beaver Creek is curre'lrtly dry and 5* wells in the rea are also dry. Neighbors are concerned that the
4proval of three additional lots will impact the already lack of water within this area Given this
information and the fact that the pump test is three years old and only produced 3 gpm at that time, it is
staffs opiniou that the physicat quantity of the wlter produced by the well needs to be re-testcd for
dependability.
With regard to water supply outlined in the court decre,e, the City of Rifle Planning and Development
Deparnnent (CRPDD) indicated the common practice with the use of water 100 years ago, when the court
decree was issued, was to consume water direcfly from a steam. The CRPDD noted that gtrodng, logging
md other land use activities occur above the intake for the proposed water supply. Absent any teatnent
the CRPDD sfiongly recommends that the water be deemed not potable. h aadtion, CRPDD indicated
that dependability is an issue. The Beaver Creek raw water supply can be intemrpted during dry years or
during maintenmce operations conducted by ttre City of Rifle. CRPDD indicated that if thi eremption
request is approved, it shall be noted in the approval that one house has the right to the Beaver Creek raw
water supply, and the amount available is limited to 500 gallons per day subjeot to the conditions of the
court decree. In additiotr, the Applioant shall demonstrate how the water will be fieated to ensqre safe
consumption.
The Applicmt has not provided sufficient information on the physical and potable water supply of Beaver
Creok. As noted previously, Beaver Creek is currently dry. Sufficient information on whetherthe wder
supply from Beaver Creek is potable and proof that there it is an adequate physical water supply yer
uound has not been submiued. In addition, the Applicant has not provided information was to the me,thod
of obtaining water from Beaver Creek and acceptable fieatnent proccss of the water. It is Stafrs opinion
that since Beaver Creek is not a dependable water source, approval of the proposed Lot utitizing
Beaver Creekas a water source should not be approved.
If the subdivision orernption is approved a condition strall be included that a two days water zupply strall
be stored on site for each of the lots.
Pursumt to Section 8:42 of the ZotmgResolution, prior to flre sigdng of a plat, all physical warcr
sup,plies shall derronstrate the following:
That afour (4) hour pump test be performed on the well to be used;
Awell completion report demonstrating the depth of the well, the characteristics of the
aquifer and the static water level;
The resul* of the four (4) hour pump test indicating the pumping rate in gallons per
1,
2.
3.
McKee Subdivision Exemption
BOCC - 9/9/02
Page 5
minute and information showing drawdown and recharge;
4. A written opinion of the person conducting the well test that this well should be adcquate
to supplyryoter to the number of proposed lor;
5. An assumption of an average of no less than 3.5 people per dwelling unit, using 100
gallons ofwater per person, per day;
6. If the well is to be shared a legal, well sharing declarationwhich discusses oll easements
and costs associatedwith the operation and. maintenance of the system andwho will be
responsible for paytng these costs and how assessmenls will be made for these costs;
7. The water quality be tested by an independent testing laboratory and meet State
guidelines concerning bacteria and niffates.
Forwater supplies based on the use of cistern, the tank shall be a minimum of 1,000 gallora.
The Rifle Fire Protection Disfict indicated that the Applioant should be awue that the water supply in the
rea is limited and fire flow capabilities would likely not be available to extinguish a fully involved
structure fire. The Dishict indicated that &e proposal does meet the District's requirement of having an
approved water source within two miles.
The Applicant iudicated that the 3 new lots will be served by individual septic systems.
E. All state and local erwironmental health and safety requirements have been met or are in the
process of being met.
Response: It appears that all state and local environmental health and safety require,me,lrts have been met.
F. Provision has been made for any required road or storwt drainage improvements.
Response: The Applicant did not address drainage issues as part of this application. There are a couple
drainages that traverse the subject property. Any new struchres shall avoid reas ofnatural drainage.
Natural drainages should be preserved to the marimum extent possible.
G. Fire protection has been approved by the dppropriate fire district.
Response The subject property is located in and served by the Rifle Fire Protection District. Mike
Morgan, District Chief of the Rifle Fire Protection Disfrict provided recomme,lrdations which have been
incnrporated as conditions of approval.
H. Any necessary drainage, itigation or utility easements have been obnined or are in the process
of being obtained.
Rcsponse: The Applicmt has not indicated any need for drainage, irrigation, or utilrty easeine,lrts. All
eas€m€nts, existing and proposed must be shown on the plat. All new utilities strall be buried. In
additior, easemeNrts shall be provided for all existing and proposed ditches and they shall be delineated on
&e plat.
McKee Subdivision Exemption
BOCC * 9/9/02
Poge 6
Schoolfees, tmes and special assessments hove been paid
Response: The Applicmt is required to pay the applicable school site acquisition fee, as adopted by the
County, for each newly created lot as part of the subdivision exe,mption process according to the
calculations / regulations in effect at the time of submission for approval of the Final Plat. Fursuant to
section 8:42@ of the Subdivision Regulation school fee, ta:res md special assessilneNrts for each lot created
is $200.00 per lot.
ry.ADDITIONAL CONSIDERATIONS FOR SUBDMSION EXEMPTION (SECTION 3:60)
In the evaluation of each petition for exemption, and in addition to the review criteria in Section 8:52, the
Board shall consider the following additional considerations.
General conformationwith the Garfield County Comprehensive plan.
Rcsponse: The proposal does not appeu to be inconsistent with the Garfield County Comprehe,nsive Plan.
B. Compatibility of the proposed exemptionwith existing landuses in the surrounding area.
Response: The subject property appears to be compatible with the land uses in the surrounding area. The
uses include a primary resideuce with acustomary agricuttural uses.
C. Recommendotions ofany municipalitywithin two (2) miles of the proposed exemption, orwithin
three (j) miles, if the municipality has a major steet plan.
Response: The subject property lies beyond tluee miles of the City of Rifle sphere of influence.
Recommendations of any state or local agency or organizationwhose opinion the Board
determines is necessary or appropriate.
Response: Comments from applicable state or local ageircies have been incorporated within this
mernorandum.
E. Suinbility of soil, waten vegetation, geologic and topographic characteristics of the landfor the
type of division proposed.
Response: According to the soil surve,I/, from USDA Soil and Conservation Service, the soil on the
subject property is characterized as oPotts loam' (# 56). The Potts loqms are deep, well-&aine4
moderately sloping soils found on mesas, benches and sides of valleys. Permeability is moderde while
available water capacity is high. The native vegetation is mainly wheatgrass, needle and thread and
sagebruslq pinion, md juniper. Community developme,lrt is limited by low strength, shrink-swell
poteirtial. Dwellings and roads can be designed to overcome these limitations.
McKee Subdivision Exemption
BOCC - 9/9/02
Page 7
The issue of water has been addressed previously in this me,rnorandum. The vegetation qrpe on the subject
property consists of mainly pasture grasses. There are some scattered pinion pine along the property
boundary that abuts Beaver Creek Road. As noted previously, the subject property is fairly flat and slight
slopes towards County Road 320. The application does not address geologic hazards on the subject
property. All geologic hazards shall be mitigated accordingly.
Number of lots and/or multiple-dwelling units geoted by the proposed exemption.
Response: The Applicant is proposing three new lots, including the fathering parcel, as part of the
exernption request. Only one single-fanrily dwelling unit is proposed on each new lot as a use-by-right.
Accessory dwelling uni* require special use approval.
G. Provisionfor open space within the proposed exemption.
Response: No open space is proposed as part of this exemption request.
H. Proposed density and provisions for adequate offstreet parking.
Response: No off-street parking is proposed as part of this o<ernption request.
I Covenants and plat notes, restricting the lots to the following:
I . One (l ) dog will be allowed for each residential unit within a subdivision and the dog shatl
be required to be confinedwithin the owner's property boundaries. The requiremenls shalt be
included in the protective covenants for the subdivision with enforcement provisions allowing
for the removal of a dogfrom the area as afinal remedy inworst cases;
No opery hearth solid-fuel /ireplaces will be allowed anywhere within an exemption. One (l)
new solid-fuel burning stove as defined by C.R.S. 25-7-401, et. sew., and the iegulations
promulgated thereunder, will be allowed in any dwelling unit. Alt dwelling unir will be
allowed an unres*icted number ofnaural gas burning stoves and appliances; and
Each subdivision sholl hove covenants requiring that all exterior lighting be the minimum
amount necessary ond that all exterior lighting be directed inward, towards the interior of the
. subdivision, except that prwisions m6y be made to allow for safety lighting that goes beyond
the property b oundari es.
Response: The Applicmt shall comply with these restrictions.
V. OTHER
l. Mineral Rights: The ryplication does not discuss ownership of the mineral rights. Since potential
for mineral exploration may exist, a disclosure to all potential lot onmers must be included in the
cove,nants, plat notes, and at the time of closing.
McKee Sub division ExemPtion
BOCC - 9/9/02
Page 8
UI, STAFF'F'II{DINGS:
1. Proper posting and public notice was provided as required for the meAing before the Boud of
County Commissioners.
Z. The meeting before the Board of County Cornmissioners was exteirsive and complete, that all
pertinent faits, matters and issues were submitted and that all interested parties were heard at
that meeting
3. The proposed exemption has been determined not be in the best interest of the health, safetY,
morals, ionveniencJ, order, prosperity and welfare of the citizens of Garfield County.
4, The application has not met the requirements of the Garfield Cotrnty Subdivision Resolution
of 1984, Section 8:00, Exemption, base on the lack of an adequate physical and quality wafier
souroe for the new lots.
YIt. RECOMMEITiDATION:
A. Staff reoomme,nds that the Board DENY the request for the proposed lot to be served by Beaver
Creek as a water source based on the laok of physical and poabie water supply from Beaver
Creek.
B. Staff recommends that the Board CONTINUE the subdivision exemption request for three lots
until updated wat€r quality tests of the existing well are conducted to ddermine ttre quality of
water iroduced by the well; and ttrat the physical quantity of water produced shall be tested for
dependability.
Rrrle ?,*= PnorEcrroN LrsrRrcr
Iuly 22,20A2
Stuver & LeMoine, P.C.
Attorneys atLaw
Post Office Box 907
Riflg Colorado 81650
Attention: Tom Stuver
Reference: McKee Subdivision
Mr. Stuver,
The Nfle Fire Protection District has reviewed the proposed McKee Subdivision
Exemption on County Road 320 near Rifle. It is ttre Oistrict's understanding that the
proposal is to take one 4O-acre parcel and subdivide it into four tracts betwien six and
twelve acres, for construction of one single family dwelling per parcel. The area is within
the boundaries of the Rifle Fire Protection District and firJand i*ergeo.y medical
services will be provided. In order to assist the District in its ability t6 prwide services
we would make the following recommendations:
l. Vegetation should be removed from near any structures in order to provide a safe
zone in the event of a wild land fue.
2- Road construction: When constructing access roadways into the parcels,
consideration should be gtven to the weights of fire apparatus and accessibility
during adverse weather conditions.3. Posting of the address: The addresses of the properties axe to be posted where the
driveway intersects the County Road and on the-residence itselfii'shared
driveways are used. Lefters are to be a minimum of 4 inches in height, Zz inch in
width and contrast with background colors.4- It shouldbe noted that the water supply in the area is limited and fue flow
capabilities would likely not be available to e>rtinguish a fully involved structure
fire, The proposaldoes however meet theDistrict's minimum requirements of
harirrg an approved water source within two miles.
As the time draws closer to construction of structures on the parcels the District would be
happy to set down with the owner/developer to address these-items in greater detail.
Thankyou and feel free to contact me if you have any additional q,r"rtiinr.
Sincerely,-%
Mke Morgan
District Chief
Cc:.Garfeld County Building and planning
Telephone (970) 625-1243. Fax (970) 625-2969
1850 Railroad Avenue . P.O. Box 1133 . Rifle, Colorado g1650
NECEIVED JUL 2 4 2N2
CITY a/ RIFLE
202 Railroad Ave. o P.O. Box 1908 o Rifle, Colorado 81650 . (970) 625-2t2lo Fax (970) 6
August 23,2002
Tamara Pregl, Senior Planner
Garfield County Building g planning
108 Eighth St, Suite 201
Glenwood Springs, CO 81601
RE: McKee Subdivision Exemption
Dear Tamara:
RECETYED
AUG z 6 2002
GARFIETD COI'NW
Brfl.Dri{G & PlI}lt{l}{G
City of Rifle staff reviewed the subject application. Our only concern is the proposed potable
water supply being taken from the Beaver Creek raw water supply line.
The court decree provided with the application allows the applicant to take up to 500 gallons
per day from the Beaver Creek line for use by one house; however, it is important to
understand the decree was issued almost 100 years ago when it was common practice to
consume water direct from a stream. As you are aware, there is grazing,logging, and other
land use activities occurring above the intake for this water supply. Absent any treatrnent, we
strongly recommend this water not be deemed potable.
There is also the issue of dependability. The Beaver Creek raw water supply can be
interrupted during dry years or during maintenance operations conducted by the City of Rifle.
Should Garfield County choose to approve this Subdivision Exemption, the City of Rifle
requests the approval make it clear that only one house has rights to the Beaver Creek raw
water supply, and the amount available is limiteC to 500 gallons per day subject to ttre
conditions of the decree. We also recommend the consumer of said water be required to
demonstrate how the water will be treated to ensure safe consumption.
Should you have questions or concerns regarding this matter, please contact the Rifle
Planning Department.
c. Selby Myers, Bill Sappington, Lee Leavenworth
Planning and Development Dept. . 970-625-6224. (fax)970-625-62(g . planning@rifleco.org
Form No.
GWs-2si
APPLICANT
JOE SPECKING
8708 CNTY RD 320
RTFLE CO 81650
( 303)62s€931
PERMTT TO CONSTRUCT A WEIL
OFFICE OF THE STATE ENGINEER
COLORADO DIVI.C \N OF WATER RESOUHCES
9^19.C:l!"lli"t Btdg., 1313 g,rerman St., Denver, Cotorado 80203(303) 86G3s81
f,66
,4/t
isgS
Block: Filing: Subdiv:
EXHIBIT
I
.E
,/X/.)\
aPPROVED WELL LOCATTON
GARFIELD COUNTY
NE 1lq
Twp 6S
NW 1/4 Seaion
MNGE 9G W
30
6th P.M.
150 Ft. from
2000 Ft. from
North Seaion Une
West Seaion Une
WELL PERMIT NUMBER L7A96-7
DIV. 5 CNry. 2g WD
1)
2)
3)
ISSUANCE OF THIS PERMTT DOES NOT CONFER A WATER RIGHT
CONDMONS OF APPHOVAL
This well shall be used in such a way as to cause no materiat iniury to existing water rights. The issuance of thepermit does not assure the applicant tnat no iniury wilt occur to another vesGd water right or preclude anotherowner of a vested water right from seeking retiei in a cvil-coun action.
The construction of this well shall be in compliance with the water welt construction and pump lnstaltation Rutes2 ccR 402'2, unless approval of a varianc6 n": been granted by the state aoaio of Examiners of water we,construction and Pump lnstaltation contractors in accorlance with Rule 17.
Approved pursuantlg.cRP 37-92-602(3)(bxll)G) forthe reapptication of expired permit no. ts65s8, and as theonly wert on a tract of rand of 40 acres'a'esliioid as the NE .iA of the Nwli;oid"". so, Twp. 6 south, Rng. 93West of the 6th p.M., Garfield County.
The use of ground water from this well is limited to fire proteclion,.ordinary household purposes inside three (gs*'€le fami[ dwellings, the irrigation of not more than one acre of home g"rd"n" ;nd tawns, and the watering ofdomestic animals.
The maximum pumping rate shalt not exceed iS GpM.
The retum flow from the use of the well rnust be through an individual waste water disposa! system of thenon-evaporative type where the water is returned to the slre sream system in which the welt is located.This well shall be conslructed not more than 2oo feet from the location specified on this permit.
Monitoring hore notice no. MH-204&3 was acknowredged on Aprir2, 1993.
tD ?;-13
s)
6)
4
8)
.{PPROVED
JD2
Statr Englnaor
Receipt No. OgSg2OT DATE ISSUED JUL O 6 1993
DtvtstoN coP'f
8y
EXPIRATION DATE
€.&3,^1
(-
JUI.
REPORT DATE 08/26/02 COLORADO WELL APPLICATIONS AND PERMITS
COLORADO DIVISION OF I,JATER RESOURCES
RECEIPT APP DATE STAT DATE NP DATE UELL-X-REFER TRANS
353237 05/18/93 / / 07/06/93 156538 cD t,A
DIV CO FILE NUI.IBER tlID BAS IIID NAME '5 23 170967 45 00 00 sPECKIr,tc JOE
ADDRESS ADDRESSz CITY
8708 CNTY RD 320 RIFLE
ztP - ExT pHoNE a10 a40 0150 sEc Tll,llsHp
81650 0000 ( 303)525-3931 NE N!, 30 6 s
CASE }IU}I USES DRLR PUTIP I}IST .---. COORDINATES .--.- LOT
8 1095 N/S 150 N E,/W 20oO r,l
PAGE
ACTIV STAT
CD }IP CD
ST
c0
RANGE PU
93tJs
BLK FLG
SUBD IVI SIOII REPT -- I.,ELL -- COI{P REPT .. PUMP -- COiIP
10/14/93 DATE 04/21/93 / / DATE / /
CO,'ll|EllTS ENc USER
3 sF, I AC IRR, DoM AiIIilALS 20483ilH JDz llLH
Nt,c RECD NBU RECD sBU RECD BENEF usE Al.tEllDED RECD -ABAND-- corilp--DATE-. ..DATE.- .-DATE.- -.DATE.. --DATE.. ..DATE-. .-DATE
// // // // // // //
ACRE-FT TOP,/PERF/BOT DEPTH YIELD LEVEL ELEV METER LOG ABAND REOD
230 250 250 3.00 230 Y
EXPIRE DATE STATUTE ID ACRE IR OUAL AOUIFER (S) OWNER DESIGNEE
07/06/95 (6023> 00000 (1) Gr.' (2)
' "r'.'-.*ri-.tdi' n
lA-
Evergreen Analytical Laboratory
WORK ORDER Summary
Report To: Randall Ferguson
Colorado Oil & Gas Conservation Comm.
I 120 Lincoln St #801
Denver, CO 80203
99-4379
:
0l-Sep I l:08 anr
Client Project ID: Speckling Water Well
Phone: (303) 894-2100
['AX: (303) 894-2109
Couacntr:
QC Lcrd: Lrborrtory Strltturd QC
Sample ID Client Sample ID Analysis # Matrir Loc Collection Received Due HT
99437941H fl2483099 Anions bv IC * Watcr E6 30-Aug-1999 l-Sep-1999 l6-Sep-1999 l-Sep-1999
99437941D
99437e4t[ BTEX 7-Sep.1999 13-Seo-1999
99437941D
9943194[E 1999 27-Sep-1999
994379418 l6-Sepl999 26-Feb-2000I
w
9943794tC
994379-OlF
99437941D Total Alkaliniw
l6-Sep-1999 I I 999
1999 3l-Aue-I999
l6-Sepl999 l3-Sep-1999
994379{rG
r
I:l
i
f;t't) r l'r,i,i
.{AA
Page 1
+s
ol 1# : Spccial list. See sample comments or tcst information.
IIT - Holding Time expiration date.
coMP NY CoG c c'
oro*.r" P '/o t
",r D.' l
CHAIN OF CUSTODY RECORD / ANALYTICAL SERVICES REQUEST
Evergreen Analytical Inc.Reporl Flesults by:
e^s"Jot I
A 4036Youngfield St.
Wheal Bidge, Colorado 80033
(3o3) 42s-6021
FAX (303) 42s-6854
(80o) 84s-7400
E-Mail inlo @ EvergreenAnatpical.conF
-E61 ,
--1
Siandard 2 working weeks
3 day UST Analyses per Fee Schedule
Report per 1999 OIS Guidelines O Yes Q tto
'Flush: O 24 hrs O 1 -2workdays
O 3-5workdays O 6-Iworkdays
'Rush analysis subiect to additional fee
,X
o
P.O.S_EAL.OUOTE f
allinformation:
SAMPLE DATE
IDENTIFICATION SAMPLED TIME
4-s
'i
Clt U(ti,'uo
Relirquished by: (Signature)
fl^U -Ir.-"-
/.-
Relinquished by:Date/Time
Client Sample II)
Lab Sample ID
Date Collected
Date Received
#2-083099
99-1379-0lH
08/30/1999
0910v1999
Client Project ID :
Lab Work Order :
Sample Matrix :
Speckling Water Well
994379
Water
Evergreen Analytical, Inc.
4036 Youngfiekl St, Wheat Ridge, CO I
(303) 42s-6021
Method: E300 ANIONS BY IC
Date Preparrd : 09/01/1999
Datc Analped : 0910111999
Compound Name
Chloride
Lab FiIe ID
Method Blank
281 889
MBLAI,IK
Effective Dilution : I
CAS Number
16887-00-6
Concentration
mg/L
Nitrite-N
1.2
0.076 mg/L
mg/L0.056Nitrate-N
Nitrite + Nitrate -N 1.2 0.076 mg/L
Date Prepared : 0910111999
Date Analyzed : 09101/1999
Lab FiIe ID
Method Blank
281890
MBLAIIK
Effective Dilution : l0
Gompound Name CAS Number Concentration RL Unlts
Sulfate 14808-79-8 s7.1 2.5 mg/L
v
Qualiliers:
-t5-9/03/1999 ll:09AM
U - Not Dctected atthe Reporting Limit (RL)
J - Analyto dctected bclow Practical Quanititation Umit (PQL)
E - Rcported conceilration abovc quantibtion range
S - Spike Recovcry outside acceptcd rccovcry limits
B - Analyte dctrc&d intho associatcd M€thod Blarrk
, - Valuc cxceeds maximum contarninition limit (MCL)
EVERGREEN ANALYTICAL, In.
4036 Youngfield St. Wheat Ridge, CO BOO33
(303) 425-6021
Analysis Report
Client Sample l.D.
Lab Sample Number
Date Sampled
Date Received
Analysis
Total Dissolved
Solids
pH
Fluoride
Total Alkalinity
Bicarbonate
Carbonate
#2-083099
99-4379-01
08/30/99
09/01/99
Method
Standard Method
2540 C
EPA 150.1
Standard Method
4500-F C
Standard Method
2320 B
Standard Method
2320 B
Standard Method
2320 B
Client Project l.D.
Lab Project Number
Matrix
Date
Analyzed
09/03/99
09/01/99
Speckling Water Well
99-4379
Water
Result Units
498 mg/L
7.85
0.51 mg/L
326 mg/L
326 mg/L
mg/L
Date
Prepared
09/02/99
09i01/99
09/08/99 09/08/99
09/10/99 09/10/99
09/10/99 09/10/99
09/10/99 09/10/99
I
" pH too low for Carbonate to be present.
/"Hus,L?
Analyst
-lb -
Evergreen Analytical, Inc.
4036 Youngfield St., Wheat Ridge, CO i
(303) 42s-6021
Methods 602t8020 and 5030/8015 Modified Data Report
Client Sample ID :
Lab Sampie II) :
Date Collected :
Date Received :
#2-083099
99437941/.
08/30n999
09lou1999
Client Project ID : Speckling Water Well
Lab Work Order : 994379
Sample Matrix : Water
Method: E60ZSW8020A BTEX
DatePrepared : 09/08/1999
DateAnolped : 09/08/1999
Lab File ID
Method Blank
T\820907\0l9R0l0l.D
M82090899
Effective Dilution : I
Compound Name CAS Number Concentration RL Units
Benzene 71-43-2 0.4 pg/L
Toluene 1 08-88-3 0.4 trg/L
Ethylbenzene 100-41-4 pg/L0.4
Comrnents:
64 - 133 QC Limits
NoGs: Total Xylencs consist ofthree isomers, trlo of which co-elute,
Confirmation analysis was not pcrformcd
Quqlllicrs:
E = Extrapolatcd value. Valuc excceds calibration range.
U = Compound analpcd for, but not daectcd
B = Compound also found in the blank
The Xylene RL is for a single peak.
J = Indicatcs an estimatd valuc whcn the compound is dct€ctc4 but is below thc Reporting Limit.
S = Spike Rccovery oulsi& acceptcd rccovery limits.
Dellnlfionc:
. RL = Reporting Limir
TVH - Total Volatile Hydrocarbons
TEH = Total E:<tracrable Hydrocarbons
9/041999 I2:57 PMApproved
-(1 -
Client Samplc ID
Lab Sample ID
Date Collectetl
Date Receivcd
#2-0ti3099,
99-4379-0lB
08/30/1999
09lot/t999
Client Project ID :
Lab Work Order :
Sample Matrix :
Speckling Water Well
994379
Water
Evergreen Analytical, Inc.
1(lJ6 Younglield St., Wheat Ridge, CO 8
(303) 42s_6021
Method: E200.8 tcP-MS,200.8, TOTAL
Date Prepared : 09t10/1999
Date Analyzcd : 09113/1999
Lrh Filt lD
Mcthod Bhnk
: 085SMPL.D\
r MB-5241
Effective Dilution : I
Compound Name CAS Number Concentration RL Units
Calcium 7440-70-2 19 0.2 mg/L
lron 7439-89-6 0.2 mg/L
Potassium 7440-09-7 6.3 0.2 mg/L
mg/L
:
i .i,:'''j otrl-
'o. cil-:r :
Quallllers:
+ en&teee3:ltpM_(g_
U - Not DeteLled at the Reporting Limil (ltL)
J - Annlyte detected below Practicll erianiritation Limit (pel)
S - Spike Recovcry outside accepted recovery limits
B . Analytc det€stcd in the associated Method Blank
r - Value oxcecds maximum contamination timit (MCL)
E - Ileported concentr4[on above (luilntit:rrion range( f(lrl
Xnalyst
Date Sampled : 8/30/99
Date Received : g/1/9g
Date Prepared : 9/3/99
EVERGREEN ANALYTTCAL, INC.
4036 Youngfleld, Wheat Ridge, CO gOO33
t303t 42s_6021
Methane Report Form
ICAS #: 74-A2-gl
Client Project Number ; Speckling Water Well
Lab Work Order : 99-4379
Method Number : RSKSOp-17bM
Matrix:
TotalVol. of Sampte (mLt
Headspace created (mLl
Methane atomic weight (gl
: Water
:43
:4.0
:16
I
_o
\
Oualifiers
U = Analyzed for, but not detected.Pressure calculated at 54l g feet.
oas437a,xrs
Ht."r
!s.'i
Lab
Sample #
Amount
lnjected
(ml)
Client
Sample #
Analysis
Date
Lab File
t Temp
F
Methane
area
(usl
Headspace
Conc.
Saturation
Conc.
SAMPLE RESULTS
Sample
Conc.
(mo/Ll
RL
(msltllGBO90399
lss-+szg-or
Jss-+szs-or
o,n
o.500
0.500
0.500
I
Method Blank
#2-083099
#2-083099
9/3/99
9/3/99
9/3/99
(,A)UUUJUUS
GAS0903010
GAS090301 1
NA
69.9
69.9
t3lo
I o.00000000
o.ooooo000
0.00000000
o.00000000
0.00000000
o.oooooooo
U
U
U
0.0o12
0.0o12
o.oo12
Note
RL = Reporring Limit.Value exceeds calibration range.
I FoRM NO.
iGW911
I
ozrsc
I
STATE OF COLOHADO
OFFICE OF THE STATE F 'NEER
818 Contrnnhl Bldg., 1313 Shcn. jt, ClonvGr, Colorado
(3qr) 86e3s81
802q,
For Oficc Utc only
luqrr{uD
^ AUO 2B ,,,,ffi:froi^la,_,,yb.d pj",?Nly, wuiic
PRIOR TO @MPLETING FORM, SEE INSTHUCTIONS ON RA/EBSE SIDE
CHANGE IN OWNERSHIP/ADDRESS / LOCATION
WELL PERMTT, LN/ESTOCKTAI{K OR EROSION @NTROL DAIT,I
1.NEW OWNER
NAt tr/st Ro1and Paul-McKee and
a
Pame1a S. McKee
Mailing Address ......9.7-0.8...County-..Road...3.20............
Citv. St. Zio Rifle, Colorado 81659
2.TFIIS CHANGE IS FOR ONE OF THE FOLLOWNG:
fI uvEsrocK *ATER TANK NUMBER....................
tr ERosroN coNTR.LDAM NUMB8R.....................
3.WELL LOCA'T]ON:
87O8 County
OWNER'S WELL DESIGNATION
4.
The abova llsted owner(s) say(s) tha he (they) own the structure described herein.
The existing rEcord is being amended for tho following raason(s):
El
"n*n"
in name of o$rner. n
"n"nn"
in matling address. n
"orr*ion
of locdion.
6.I (we) harre rsad the staaments made herein, know the contents thsreof, and state tha thry are trus
to nry (our) knowledge.
[Pursuant to Section 2*1U 03)(a) C.R.S., the making of false statomerts herein constitutes pedury in
ths second degrae and is punishable as a class 1 misdemeanor.] ^
Name/Title (Please type or print)
Roland Paul lilcKee & Pamela S. McKe(
Signdure t ll /
P*'*tlc"JttQ zhlt*Date/w,
FOR OFFICE USE ONLY
tu Ergin .r BY [b
Coun Case No.- Dlv.- Co.- WD- Basln- MD- Use-
.tO
INSTHUCTIO NS CHANUWN ERSHIP-ROORESS LOCATION
NO FEE IS REQUIRED
RRECTION FORM JULY 1993
The form must be typewritten or printed in BtScK INK lnitial and date any changes you make on the form.
THIS FOHM MAY BE REPRODUCED BY PHOTOCOPYNG OR WORD PROCESSING MEANS'
INCOMPLETE TONTVTS WITT ET RETURNED. ATTACH ADDMOI{AL SHEETS IF MOHE SPACE IS NEEDED'
1. print the new owner's name and include the mailing address and phone number'
lndicate if the change in ownership/address is for a well permit, livestock water tank or erosion control
3. Complete the well location information. lf the address of the well location is different than the mailing
address of the owner, include the address where the well is located. lf the owner has more than one
well, provide well name or number as designated by the owner; i.e. North well. The astualwelllocation
must includ e t/t, vr,section, Township andRange. check the appropriate boxes for North or south and
East or West directions. Complete the Subdivision, Lot, Block and Filing information, if applicable.
4. complete the location information for the livestock water tank or erosion control dam. The actual
- location must include zn, section, Township, Range and P.M. check the appropriate boxes for North or
South and East or West directions.
s. Check the reason(s) for submitting the form, whether it is a change in ownership/address and/or location
correction.
6. The owner of the structure must sign. Print or type your name in the first block if it is ditferent from ltem
No. 1. lf signing e1s a representxiie of a compiny who owns the structure, then your title must also be
included in-theJirst block. Sign the second block and date the last block.
USE THIS FOHM TO CORRECT THE LOCATION OF YOUR WELL IF:
A. your well was permitted, registered, or first used prior to May 8, 1972 tor ordinary household
purposes in up to three single-fam-ily dwel'lings,-fire prote&ion, the waiering of poultry, domestic animals,
and livestock on farms and ranches and the-irrigatibn of not over one acre of home gardens and lawns'
B. your welt is not of the type described in A above, but was permitted or registered prior to May 17,
1965. lnside the Designated Ground water Basins, oirrer procedures and publication may be required'
C. your well was decreed by the Water Court for the correct location.
!N ALL OTHER CASES USE FORM GW$42
Alt other types of ctranges conceming Livestoc-k Water Tanks and Erosion contol Danrs should be submitted
tn tr"-rt#o.rd permiiApplication lorm and be accompanied by a $15.(X) filing fee'
lf you have questions, contact the Denver or the Division Office where your well is located'
DMSION 1
80O 8th Ave Bm 321
Greeley CO 80631
(3m) 352-8712
.
DUISION 5 Box 396
50633 US HwY 6 &24
Glntvd SPgs CO 81601
(303) 94s-s66s
DMSION 2 Box 5728
219 W sth Rm 223
Pueblo CO 81009
(219) S+2SS68
DMSION 6 Box T73r';5O
625 So. Uncoln Ave
Stmbt Spgs CO 80477
(303) 87s-0272
DI\,ISION 3 Box 269
422 4th st
Alamosa CO 81101
(71e) s8e{6q3
DN}SION 7 Box 1880
1474 Main St
Durango CO 81302
(308) 247-1845
DMSION 4 Box 456
1540 E Niagara
Montrose CO 81402
(303) 24s-6622
DENVER OFFICE
Rm 821
1313 Sherman St
Denver CO 80203
(303) 86e3s81
obt 03 Oa 10:49a Samuelson pump Co, Inc.970 -s4? - 9448
October 2,2OOz
Paul McKee
8708 County Road 320
Rifle, CO 81650
ATTN: Paul
Oo Septembq 25,2002, a well tcat was conducted on a well on the McKee Properry.
The followiag information was obtained;
WellDepth- --245'
Casing Size---- ------? xS
Standing water level _:120' _2.5"
Total tcst tirn+----- -----4 EIrs.
Drawdown to --- _--ZZ4' - t.ZS*
Production i GPM
This test was conducted with existing pump and equipment. This well will produce 5,040
gallons per day; this well can provide enough water for three resideoces- Tbe wcll
recovered back to ?2o' - 5.5" in 5 Minutes. If you bave any questions please call me,
Raun Sarnuelson at 970-945-6309.
Sincerely;
d
Raun E Samuelson
Sarrnrelson Pwnp Co.
Box297 o Glenwood Springs. CO El6O2 . (970) 945-6309 o Fox (970) 942-9/,(s
Woter Systems , So/es, brvice & lnstoilotton
Evergreen Analytical, Inc.
1036 Youngfield St, Wheat Rirlge, CO g0
(303) 42s_6021
Client Sample ID
Lab Sample ID
Date Collected
Date Received
#2-083099
99-4379-}tH
08130/1999
0910t/1999
Client Project ID :
Lab Work Order:
Sample Matrix :
Speckling Water
994379
Water
Well
Method: E300 ANIONS BY IC
Date Prepar.ed, : 09/0111999
Date Analped : 09/0111999
Lab File ID
Method Blank
2E 1 889
MBLAI{K
Effective Dilution : I
Compound Name CAS Number Concentration RL Units
Chloride 16887-00-6 15 0.25 mg/L
Nitrite-N 0.076 mg/L
Nitrate-N 1.2 0.056 mg/L
Nitrite + Nitrate -N
Date Prepared : 091Q1/1999
Date Anallzed : 09/01/1999
Lab File ID
Method Blank
281 890
MBLAI{K
Effecdve Dilution : l0
Compound Name CAS Number Concentration RL
Qualillcs:
9/03/1999 I l:09 AM
U - Not Detcctd attho Reporting Limit (RL)
J - Analytc deeced below Praaical Quanititation Limit (pel,)
E - Reportcd concentration above quantitation mnge
S . Spiko Recovery outsidc accepted rr:covery limits
B - Analyte dctcsted intho assooiotcd Method Blar*
| - Value exceeds maximum contmination limit (MCL)
EVERGBEEN ANALyT|CAL, tnc.
4036 Youngfield St. Wheat Ridge, CO BOO33
(303) 42s-6021
Analysis Beport
Client Sample l.D.
Lab Sample Number
Date Sampled
Date Received
Analvsis
Total Dissolved
Solids
pH
Fluoride
Total Alkalinity
Bicarbonate
Carbonate
#2-083099
99-4379-01
08/30/99
09/01/99
Method
Standard Method
2540 C
EPA 150.1
Standard Method
4500-F C
Standard Method
2320 B
Standard Method
2320 B
Standard Method
2320 B
Client Project l.D.
Lab Project Number
Matrix
Date
Analyzed
09/03/99
09/01/99
Speckling Water Well
99-4379
Water
Result Unitg
498 ms/L
7.85
0.51 mg/L
326 mg/L
326 mg/L
mg/L
/"Hus,LT
Date
Prepared
09/02/99
09/01/99
09i08/99 09/08/99
09/'t0/99 09i 10/99
09/10/99 09i 1 0/99
09/10i99 09/10/99
* pH too low for Carbonate to be present.
Analyst
Evergreen Analytical, Inc.
4036 Youngfield St., Wheat Ridge, CO g
(303) 425_6021
Methods 602|8020 and 5030/8015 Modified Data Report
Client Sampte ID
Lab Sampie ID
Date Collected
Date Received
#2483099
994379-0tA
08t30t1999
09t0ut999
Client Project ID : Speckling Water Well
Lab Work Order : 994379
Sample Matrix : Water
Method: E50ZSW8020A BTEX
Date Prepared
Date Analped
: 09/Q8/1999
: 09/08t1999
Lab File ID
Method Blank
: TVB20907\0I9R0l0l.D
: MB2090899
Effective Dilution : I
Compound Name CAS Number Concentration RL UnitsBenzene71-43-2 0.4 pg/LToluene108-68-3 0.4 pg/LEthylbenzene100-41-4 U 0.4m,FXylene 1330-20-7 U 0.4o-Xylene 95-47-6 U 0.4
1,2,4-Trichlorobenzene 64 - 133 QC Llmits
Comnrcnts:
E'.j !: -,i. r,
i,
Note!: Total Xylcncs conrist ofthree isomas, two of which co-elute.The Xylene RL is for a single peakConJirmation uralyris was not performed.
Qralilters:Dellnidons:
E = E:rtrapolated value. Valuc excecds calibration range. nf - n"p"nirU f.irrriaU - Corpound analpcd for, but not det€cted. TVH = Total Volatile Hy&ocarbonsB ' compound alsofound intheblurk TEH -Total Ercraclabre HydnocarbonsJ = Indicatcs an esimacd valuc whcn thc cornpound is deteste4 but is below the Reporting Limit.S- SpikcRccoveryoutsidcacceptcdrccovcrylimits. . A
wAApproved 9/oat999 r2:57pM
0J6
Evergreen Analytical, Inc.
Yourrglieftl St., Wheat Ridge, CO S[
(31t3) 42s_6021
Client Samplc lD
Lab Sample ID
Date Collected
Date Received
#2-083o9t)
99-.t379-0lB
08/30/t999
09tot/1999
Client Project ID :
Lab Work Order:
Sample Matrix :
Speckling Water Well
994379
Water
Method: E200.8 lCP-MS,200.8, TOTAL
Date Preparecl
Date Analyzcd
:09'10/1999
: 0911311999
L:rh Filc lD
Mcthrxl Bhnk
: 085SMPL.D\
: MB-5241
Effective Dilution : I
Compound Name CAS Number Concentration RLCalcium7440-70-2 19
lron 0.2 mg/L
7439-89-6 0.2Potassium7440-09-7 6.3 0.2 mg/LMagnesium 74
-
Manoanese
O. CiL:t :,-.: ._:..:. t.j
Qudltlerr:
4Approved 9/l&1999 3:4t PM
U - Not Detee"terl at rhe Rffing I-irnir (ltd S - Spike Recovery outside *""ptcd rc"or.ry limitsJ - turahre detecred below prncricrl euirnititation Limit (peL)
E - Reponed concentralion ahove (ptillltitlti()n rrngeI fnoII
Analvst
B - Analytc derected in thc associatcd lVlcthod Blank
| - Value oxceeds maximum contamimtion limit (MCL)
Date Sampled : 8/3O/99
Date Received : 9/1/99
Dale Prepared : 9/3/99
Oualifiers
U = Analyzed for, but not detected.
EVERGREEN ANALYTICAL, INC.
4036 Youngrfield, Wheat Ridge, CO 80033
13031425-6021
Methane Beport Form
ICAS #: 74-82-81
Client Project Number : Speckling Water Well
Lab Work Order : 99-4379
Method Number : RSKSOP-I75M
Note
Pressure calculated at 5418 feer.
Matrix:
TotalVol. of Sample (mLl
Headspace created (mL)
Methane atomic weight (g)
[.ii"i"lr
Water
43
4.O
16
I
I
I
i
Lab
Sample #
Amount
lnjected
lmll
Client
Sample #
Analysis
Date
Lab File
I
Temp.
F
Methane
atea
(rsl
Headspace
Conc.
Saturation
Conc.
SAMPLE RESULTS
Sample
Conc.
(ms/L)
RL
(ms/Ll
GB090399
99-4379-01
99-4379-Ol Dur
o.500
o.500
0.500
Method Blank
#2-083099
#2-083099
9/3/99
9/3/99
9/3/99
GASo903005
GAS0903010
GASO90301 1
NA
69.9
69.9
o
o
0
o.oooooooo
0.00000000
0.o0000000
0.00000000
o.oooooo00
o.oooooo00
U
U
U
0.0012
0.0012
0.0012
RL = Reporting Limit.
Value exceeds calibration range.,,1,
GAS4379.XLS
, n'
Evergreen Analytical Laboratory 99-4379
WORK ORDER Summary I l:08 ant
Report To: Randall Ferguson
Colorado Oil& Gas Conservation Comm.
I 120 Lincoln St #801
Denver, CO 90209
Comments:
QC Level: Laboratora Standarrt eC
Client Project ID: Speckling Water Well
Phonq (303) 894-2100
['AX: (303) 894-2t0e
Sample ID Client Sample ID
994379-0lH fl2483099i*
i try
_7,I6.s!p199,9 t3-S.p-1999Toret DissolvEd Sotids l6.ScPl999 6ScFl999
l,['1,' l'iirI
I
i
# = Special list. See sample comments or tert informution.
HT - Holding Time cxpiration datc.
-{A[a
Page 1
+s
ol 1
CHAIN OF CUSTODY RECOHD / ANALYTICAL SERVICES REQUEST e^srlt /Evergreen Analytical Inc.
4036Younglield St.
Wheat Bidge, Colorado 80033
(303) 42s-6021
FAX (303) 425-6854
(800) 84s-7400
Report Resulls by:
Standard2workingweeks ,)<3dayUSTAnalysesperFeeschedule E
Heporl per 1999 OtS Guidetines O yes O t,to
R etinquis hed uy: ( sr.gnttua--E;irT{1'.ttt / t'll,/tt
n Ls ()rl-
. Date/Time
tf '/tt
1, t1. k1
'Hush: O 24 hrs O 1 -2workdays
O 3-Srvo*days O 6-9workdays
'Bush analysis subiect to additional lee
Dale/Time
allinformation:
P.O. # =-EAL QUOTE #
Samplefglame:
tJ\',^r{' tl
,/til-,4
(signatu,etjI*-JJ
SAMPLE DATE
IDENTIFICATION SAMPLED TIME
--3 xs81l Clt U(t{,'i)()
Helinquished by:
OCT,?7.?AB? 3:34PN STWER & LE}1OIr.IE, PC NO.455
ix*lg1ir ii?,it',}tr#
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II
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.v
9-23-02
Western Water Treatment, Inc.Paul McKee
8708 Cnty. Rd. 320Rifle, Co. 81550
Dear I\,1r. McKee,
You requested that r ocplain holv we can treat the Bea'rer Cree\ water that 1rcu get
frqn the cj-ty r:ntreated water line.
The areas that need to be addressed are Giardia rerrcrzal and sanitation. Tkre Giardia
can be rernoved with a one micron sedinrent filter. It will aLso deal wittr any turbidity
that might be present. The sanltation can be dealt with by using an ultraviolet sanitizer.
Ultraviolet rrorks by destroying the DNA inside the bacteria with ultravioler radia-
tion. It tvorks instantly so no contact tirne is needed as wittr chlorj.ne.
I suggest a se[raratj.on of irrigation water frqn the house water before the filter and
ultraviolet unit. This will give longer filter life by reducing the amor.mt of water ttrat
is sent through the filter. r would suggest occasional addition of chlorine to the
storage tank that is before the W treabrent to keep total biological acEivity down in the
storage tank.
f have enclosed a brochr:re of ttre ultraviolet r:nit that r sel1. ft is rated for 10
gallons per minute. The UV20-2 has a filter cannj-ster before the W chamber to handle
the 1 micron filter. V{tren a W system is installed we sanitize the piping syston dovnr
stream frcrn the W by putting chlorine in the filter housing and shock chlorinating the
entire house. Then the systern is flushed and ttre W can malntain the sanitarl condition.
rf you have arry questions please call me at 625-3540. Thank you.,
yoursJz
Ter4r Veldbocnt
W*r1 !!w Traatmart, lnc.h &-9a Meea llrivc
ri' ririg, c0 s.:gso
l. .' (070i e5-Os{o
4ffimr5rnfive . Rifle, Colorado g16s0 . (Jt) 625-sd4o
ocT.?3.7na? 3:14Pl1Oct 22 02 lZr30p STUVER & LEPIOINE, PCB6b Klpnda N0. a79 P.?
97O-s84 -"?41 p. L
tu,
#g*r-,C*L
dA*;-d*fr"Ld /4r fr L-ry**f
J-#^/
Tamara
From:
Sent:
To:
Subject:
Mark Bean
Tuesday, October 22,2OOZ3:59 pM
Tamara Pregl
FW: McKee Subdivision Exemption
-----Original Message-----
From: Mat,t Sturgeon lmailto:matt@rifleco.org]Sent: Tuesday, October 22, 2OO2 3:03 pMTo: ryJark Bean
Subject: McKee Subdivision Exemption
Mark, please pass cofiments onto Tamara.I failed to save her e-mail add.ress.
I:^::::"y::^::: y:=::T-Tarer rrearmenrs proposal ro rrear rhe Beaver creek warer. rhe3::::::..1fp:=""!:_?dgr,"::.rh? issue or witei,,quaIiry.,, vou-are sri11 lefr wirh;**:.:r^. .i:l_:u::"i.111_i1:y" . - rha s"";",-E,";;*;;;;".","Liiir"!ji'ol=ii.Xilln..uduring dry yearsourr-ng dry years or during maintenance operations cond.ucted bv-trrE city or niiie. rf tsheBoard of County Commissioners feel ei qrclne aFFa- a a*€€.i ^j ^_!Board of counrv commissioners feel cisteins orrei ;-il;ii;r";i #;;-;i ;;J;iEiuidomest.i-c water, then it aDDears tha MeKac,c hrtra aAA+^^^^r !L^ --^-!i ---"I'i.r"" ;ffi#;:
The city of Rifle stil1 emphasizes the McKee's are only permitEed Eo use up go 500 grpdsubject Eo the conditions of the court d.ecree.
Sincerely,
MatE Sturgeon, Direct,or
Department of planning and Development,City of Rifle
PO Box 1-908Rif1e, CO 81550
970-625-6253, (fax) 970-625-6268mattGrif 1eco. org <maj.1to :matt.@rif 1eco. org>
AglLU26A2 LE:87 L9788762348
GARFIELD COUNTY
Bui lding e p lqr.wrg Depnnnt
Review ASfficy Form
Dme seor: strcnwz SEP 1 2 ?[/l,l
cmncot oac:. rontwui r,ffif,E,8 S,3Hil,ltName o,f rpplicufrrn: McKce
Sent to:
RECEIVED
Garfietd Coumy tg{uests your commeoil in rwicf,r
"nUrg
p*i..t. pletsc Ddlfy ,Ou*H:t}ryg1 i, tu cv'or y/ur *,mrb[b,.*p"fi-iy thc dcsdrir*, rtic frrnmay bc used-ftr your r*ponrc, or yo{r may rrach }rfrr owD .idH"ffi; i;trcs'sssry. Written commcms mri Uo ,"it"O, irffiud,-o, h;* to,
9afeld Cordy Buildrg & ptannirg
Staftcomc: Tmaraprogl
109 8tr SfiEEt, Suits 30I
Glemwood Spdqg& CO Bl6Ol
Falr 970-38{-34T0
Plurc:9?E%S{I2L2
Ntme ofrwirry "g-.y.
By: JakeB. Mall : gtpfi$Ul _
RsvirdtRUIn
,l'
tlu;Aruss
bLkw41?-fr- '
'Tiee i
r b?44f
PARCEL 1
to.g2.t
NE, /4
PARCEL3
t>.olturq
l/4 Secrion 30
r.r.or.ze:aJ;[
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it^dr*tr
WW",t'tX
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tr.r..iilj;,31';
Tamara
From:
Sent:
To:
SubJect:
Mark Bean
Tuesday, October 29, 2002 2:46 pM
Tamara Pregl
FW: McKee Development
Here it is.
-----Original Message-----
From: Bill Sappington lmailto:pubworks@rof .net]Sent: Monday, October 28, 2OOZ 4:39 pM
To: Mark Bean
Cc: Matt Sturgeoni ,Jeff Simonsoni ,Iim NeuSubject: FW: McKee Developmeht
-----Origina1 Message-----
From: Bill Sappington [mailto:pubworksGrof .net]Sent: October 28, 2002 B:51 AI,ITo: Matt Sturgeon
Cc: ,Jef f Simonson
Subject: McKee Development
Matt,
I would like to get in touch with Mark Bean.Do you have his e-mail address?
Baslcally, the McKee subdivision wil-r cause a roadway to be praced over the Beaver creekraw water line' r am concerned that the road wilL be a cut ind therefore reduce depth ofcover over the pipe causing more -frost but of greater concern, increased loading over thepipe leading to a break. rf I had prans for th5 roadway, r couri--J;;;;;y-;iJiiiio"". rfthere is to be a road, the developer needs to rectifv ti," pip.ii"" crossing issue.
Let me know if you have Beanrs e-mai1 address.
Thanks,Bill
BilI Sappington, p.E.
Pub1ic Works Director
P.O. Box 1908Rifle, CO.81650
970-625-6223 direct
970-625-6268 fax
publ icworks @ri f leco . org---or----
pubworksGrof. net
October 16,2002
To: Ms Tamara Pregl
From: Bob and Genevie Hooker
Subject: Subdivision Application for paul McKee
RECBIVED
OCI 1 7 Z00Z
*ffii^j5?8,Xlll,lh
Dearl\[s Pregl,
Bascd on your reconrmendatioq I am following up on our tele,phone conversation on October 16.
Our property borders Mr. McKee's on the East.
Aspreviously stated, from the access offofthe Beaver Creek road, there are approximately five water lines
which would be crossed t9 access the properties. Four ofthese lines are to private residences and one is alarge clay pipe line which belongs to the City of Rifle. One of these private lines is ours. Otg concern is thrt
once agravel and/or paved road is installed over these lines, we willexperience frozen water lines, Traffc
over a buried water line during cold pushes the frost line lower and could possibly result in frozen
water lines. Most ofthose water lines are not s€t at a depth to protect from freezini.
\{e see no indication on the plan which identifies these lines. In addition there are no provisions for
protecting the lines from the ftost line.
th" ryop*y currently ownedby Mr. McXee was previously owned by Mr. Joe Specking. When Mr.Specking had the well drilled, he informed me thatit *as not a very good *eu and rroutf,orrry pioOr.. t
ma)dmum of one and on9 half gallons of water per minute. Mr. SpecLng also informed me that he wouldh1ep install a large holding tank in his basemint for water stoiage. aitrrat time he was worried as to
whether or not he would have adequate water for his residence.
In additioq based on the proposed access offofthe Beaver Creek Road and ifthe access location is thegate ctrne'ntly located at the back ofMr. McKee's property, does the applicant have the permission nomMr. Verner Moad's family who owns the proposedaccess-location ideniiiea on the plan.i
Ihanks,
;4,ltv/*,h-t"/^
Bob & Genevie Hooker
8902 County Road 320
Rifle, Co.81650
970-625-s362
e-mail bandgatrifl @cs. oom