HomeMy WebLinkAbout4.0 PC Staff Report 05.06.1998• •
PROJECT INFORMATION AND STAFF RECOMMENDATIONS PC 5/6/98
2nd REVISION
REQUEST: Preliminary Plan review for the Hammes Subdivision application
APPLICANT: Michael N. and Lenore L. Hammes
ARCHITECTS: Muse Architects, Inc.
ENGINEERS: High Country Engineering, Inc.
GEOLOGIST: Hepworth-Pawlak Geotechnical, Inc.
LOCATION: Approximately one (1) mile northwest of the intersection of County
Road (CR) 100 with State Route (SR) 82. Approximately three
and one half (3.5) miles northeast of the Town of Carbondale.
SITE DATA: Section 24, Township 7 S, Range 88 W. A 44.5 acre tract to be
subdivided into four (4) residential lots.
WATER:
SEWER:
UTILITIES:
ACCESS:
EXISTING ZONING:
On-site wells. One well currently exists on-site and is servicing the
existing home. Two (2) of the newly created lots will share a well
through an agreement while the third lot to be created will have its
own well drilled. The site is located within the Basalt Water
Conservancy District.
Individual Sewage Disposal System (ISDS). An individual sewage
disposal system currently exists on-site and is servicing the existing
residence.
Electricity service is provided to the site by Holy Cross Electric,
and Telephone service is provided to the site by US West
Communications.
County Road 100 and a private access easement through the
property situated between the Hammes' land and the county road.
Agricultural Residential Rural (A/R/R) Density
ADJACENT ZONING: A/R/R/D to the north
A/R/R/D to the south
A/R/R/D to the west
A/R/R/D to the east
Page 1 of 7
• •
I. COMPREHENSIVE PLAN
The Proposed Land Use Districts map for Study Area 1 shows the subject site as within both a
Medium Density Residential (6 to 9 acres per dwelling unit) district and a Low Density
Residential (10 acres or greater per dwelling unit) district. The designation of Medium Density is
based upon constraints due to slope, soil, individual sewage disposal system, road condition, and
infrastructure needs. The Low Density designations are located within an area of septic system
constraints, soil hazards, and slope hazards.
II. PROJECT INFORMATION
A. Site Description: The subject site contains steeply sloping terrain. Grades on site
range from ten (10%) percent to thirty-five (35%) percent. Vegetation on the site
consists predominantly of pinion and juniper trees and of sage brush. The site
contains one (1) residential building associated with the property.
B. Adjacent Land Uses: A residential subdivision development is located to the west
of the subject property. The land bordering the southern, northern, and eastern
perimeters of this property are rural.
C. Development Proposal: The applicant is proposing to create four (4) lots from a
forty-four and one half (44.5) acre land holding consisting of two (2) tracts. Road
upgrades and a road extension are proposed for the access leading to the site from
CR 100. Development on the lots in the future will consist of residential, single-
family homes. The lot sizes will range from approximately seven (7) to seventeen
(17) acres (see Exhibits A and B).
III. RECOMMENDED CONDITIONS:
Concerning Water Sources -
1. In accordance with the representations of the applicant, the applicant will transfer to the
Homeowners Association the Basalt Water Conservancy District Allotment Contract and
the water rights associated with the wells together with the well permits. The
Homeowners Association will have the power and the duty to enforce compliance by the
lot owners with the terms and the conditions of the water contract and the well permits.
2. The applicant will provide adequate easements for the wells, the water lines, and the other
attendant facilities and utilities on the final plat submission.
3. The applicant must comply with all ten (10) conditions of approval of the well permits for
each of the three (3) wells of this site as issued by the Office of the State Engineer,
Colorado Division of Water Resources.
Page 2 of 7
• •
4. The potable quality of the potential water source must also be addressed by the applicant
per Sections 4.91 and 9.51 of the Subdivision Regulations of Garfield County, Colorado
of 1984 and per Section III. 7.0 Goal, 7.1 and 7.3 Policies, 7.1 and 7.3, Objectives of the
Garfield County Comprehensive Plan of 1994.
Concerning Septic Systems -
5. In accordance with the representations of the applicant, the owner of each lot will obtain
site specific percolation tests at the final plat and permit stage to determine whether a
standard Individual Sewage Disposal System (ISDS) is acceptable or whether an
engineered system is required. Each ISDS will be constructed in accordance with the
results of the site specific percolation test and will be designed to minimize tree removal
and changes to the natural contours of the land. The protective covenants for the
subdivision will require that all septic system tanks be pumped at least one time every
three years and will provide the Homeowners Association with the authority to properly
maintain and repair each ISDS within the subdivision in the event that the lot owner fails
to do so.
Concerning Geologic Constraints -
6. Proper building site selection and foundation designs will be employed, and proper septic
system evaluations, installations, and construction will be carried out in accordance with
the recommendation of the Observations of Geologic Conditions report prepared for this
site.
7 The development on the steep portion of the site will be avoided due to slope instability.
Furthermore, site specific geotechnical and subsoil studies will be conducted for building
foundation and septic system design. Both provisions are in accordance with the
Observations of Geologic Conditions.
Concerning Soil Conservation -
8. The applicant will re -vegetate road cuts to prevent erosion; control animals where wildlife
is present; use raw water for outdoor use which will be incorporated into the
infrastructure of the subdivision plans; control drainage; mitigate geologic hazards;
monitor chemical application on grasses; and monitor groundwater pollution with all
expenses born by the developer, all of which follow the recommendations of the Mount
Sopris Soil Conservation District.
Concerning Roads -
9. The applicant will construct a twenty (20') foot roadway width with four (4') foot
shoulders [two (2) eight (8') foot lanes with two (2) two (2') foot shoulders] for the
protection of life and property from wildfire per the Colorado State Forest Service and per
Section III. 3.4, Objective of the Garfield County Comprehensive Plan of 1994.
Page 3 of 7
• •
10. The entire length of the (right-of-way) access road will be improved to the Garfield
County road standards in accordance with Carbondale & Rural Fire Protection District
and with Section III. 3.6, Policy of the Garfield County Comprehensive Plan of 1994.
11. The applicant will pay the applicable road improvement fee in accordance with the
Garfield County regulations.
Concerning Emergence Access -
12. The applicant will provide a twenty (20) foot width for the easement to the proposed
development to allow for emergency vehicle access as issued by the Emergency
Management report.
13. The Emergency Turnaround areas located between proposed Lot 1 and proposed Lot 2
will be redesigned to provide more area needed for a complete turnaround by emergency
vehicles as recommended in the Emergency Management report. The access easement,
which will be extended to provide street access to the proposed four (4) lots, will be in
excess of 1,700 feet. This access is designed to end abruptly at the boundary line between
proposed Lots 2 and 1. Given this dimension and the design, the proposed access to the
lots is classified by the Zoning Resolution as a dead end street. The proposed design
exceeds the permissible length by more than 1,100 feet. Although the Board may approve
a longer cul-de-sac design, adequate fire protection and emergency access or egress must
be provided as a part of the longer street design per Section 9.33 of the Subdivision
Regulations of Garfield County, Colorado of 1984.
Concerning Wildfire Hazards -
14. The applicant will maintain all grass at a maximum of six (6) inches in height, and ensure
that no woody vegetation and no flammable material, such as firewood, will be located
within ten (10) feet surrounding the houses per the Colorado State Forest Service.
15. A separation distance will be maintained of a minimum of ten (10) feet between conifers
within forty-five (45) feet at the sides of the homes and sixty (60) feet on both downhill
sides located north and south on the site. The lower limbs of trees will be removed up to
half of the height of the remaining trees in accordance with the Colorado State Forest
Service.
16. Homes will be situated a minimum of fifty (50) feet from the top edge of the slopes as
issued by the Colorado State Forest Service.
17. Only non-combustible roofing materials will be used in the construction process (no wood
shake and shingles) as stated by the Colorado State Forest Service.
Page 4 of 7
• •
18. The space below overhanging decks will be enclosed with solid vertical walls as
recommended by the Colorado State Forest Service and by Section III. Section 2.5 and
8.2, Objectives of the Garfield County Comprehensive Plan of 1994.
Concerning Water Storage -
19. The applicant will install a twenty -thousand (20,000) gallon, underground, water supply at
a strategic location to be determined by the office of the Fire District, which will be kept
full and which will be maintained to allow for immediate access by fire trucks to fill and to
turn around in accordance with the Carbondale & Rural Fire Protection District and with
Section 9.71, 9.73, and 9.74 of the Subdivision Regulations of Garfield County, Colorado
of 1984. If efforts to obtain an offsite easement are unsuccessful, the applicant will
dedicate an easement for construction of an underground storage tank to the Carbondale
& Rural Fire Protection District at a location within the subdivision which is acceptable to
the Fire Protection district by final plan submission.
20. The applicant will conribute the sum of six thousand dollars ($6,000) to the Carbondale &
Rural Fire Protection District for the construction of an underground water storage tank.
The applicant will pay the total amount of the contribution in three (3) installments of two
thousand dollars ($2,000) each upon the initial sale by the applicant of each of Lots 1, 3,
and 4 of the subdivision.
Concerning Alternate Access to the Site -
21. The applicant will provide a perpetual, ingress/egress easement expressly limited to
emergency fire or medical situations only. It may be used by either property owners
seeking to escape the Hammes Subdivision due to fire, or by emergency service providers
and their equipment seeking to access the Hammes Subdivision. The roadway may be
gated at any location determined by the property owners so long as the Fire District is
provided keys to all locks on every gate per the Carbondale & Rural Fire Protection
District. The easement will be identified on the final plat and recorded with the final plat.
22. The easement itself will be sixteen (16) feet in width. Within the sixteen (16) foot
easement, Mr. Hammes will improve an approximately twelve foot (12) wide roadway
consisting of a minimum of six (6) inches in depth of three (3) inch road base material. An
appropriate culvert will be installed to allow the road to cross any stream or irrigation
ditch as issued by the Carbondale & Rural Fire Protection District. The applicant will
provide Garfield County with adequate security to assure completion of the road
construction as described above.
23. Mr. Johnson, his heirs, successors and assigns will be free to utilize the easement and
roadway across his property, but will agree to keep the roadway clear of any obstacle
which would block the roadway from use in fire emergencies in accordance with the
Carbondale & Rural Fire Protection District. This provision does not apply to snow
accumulation because the emergency access is necessary for wildfire situations which are
Page 5 of 7
• •
not a winter time hazard.
24. The form and the substance of the easement will be acceptable to the Fire District. The
easement will be perpetual and, when it is approved by all parties, will be recorded in the
Garfield County records as stated by the Carbondale & Rural Fire Protection District.
Concerning Utilities -
25. All new utilities associated with the subdivision will be placed underground.
Concerning the site development -
26. The applicant has agreed to create a Homeowners Association for the subdivision in
accordance with applicable Colorado state law. The applicant will submit to the Garfield
County Attorney for review the protective covenants, articles of incorporation, and other
Homeowners Association documents (including bylaws) at the final plan submission stage.
27. In accordance with the applicant's attorney, the following provisions will be included in
the protective covenants for the subdivision;
A. only one dog is allowed for each dwelling unit;
B. open hearth, solid fuel burning fireplaces are not allowed within the subdivision
except as the same may presently exist within the existing residence on Lot 2. All
dwelling units will be allowed an unrestricted number of natural gas burning
fireplaces or appliances, and each dwelling unit will be allowed no more than one
new, wood burning stove as defined by C.R.S. 25-7-401 et seq. and the
regulations promulgated thereunder; and
C. All exterior lighting will be downcast and will be designed and installed so that the
light source is not visible from adjacent lots.
Concerning off-site impacts -
28. The applicant must submit an analysis of the off-site road impacts as required by the
ordinance. Although this is a four (4) lot subdivision, the cumulative impact of a number
of similar subdivisions within this area may necessitate road improvements in accordance
with Section 4.94 of the Subdivision Regulations of Garfield County, Colorado of 1984.
The Fire district's report states that the private road, which serves as a right-of-way
easement to the proposed subdivision, is a narrow, dead end, dirt roadway which passes
through pinyon and juniper forest resulting in a severe wildfire rating. The road services
the subject subdivision, as well as a count of ten (10) other existing residences which also
hold development potential. Although the right-of-way initially only served a few
residences, it is being called upon to increase the level of service now and potentially
increase the level of service in the future.
Page 6 of 7
• •
29. The applicant will comply with all commitments made to the existing users of Rimledge
Road as set forth in the letter from Lawrence R. Green dated 9 January 1998 as follows:
A. the applicant will proceed to have Garfield County name the private road between
County Road 100 and the access road to the subdivision as "Rimledge Road," and
will provide road signage for such road in accordance with the Uniform Manual of
Traffic Control;
B. by note on the final plat, and by execution of the existing Road Maintenance
Agreement for said Rimledge Road, all lots within the subdivision will become
participants in the existing Private Road Maintenance Agreement;
C. the applicant will contribute the sum of twenty thousand ($20,000) dollars to the
Rimledge Road Maintenance Association to be used for the maintenance of
Rimledge Road. The applicant will pay the total amount of the contribution in
three (3) installments of six -thousand, six -hundred, and sixty-six dollars and sixty-
six cents ($6,666.66) upon the initial sale by the applicant of each of Lots 1, 3, and
4 of the subdivision; and
D. the applicant will repair and maintain Rimledge Road from a point just west of the
Kruidenier/Scofield driveway to the point where the Hammes Subdivision access
road leaves Rimledge Road. During this repair and maintenance, the applicant will
bring that portion of Rimledge Road to at least the same condition as the road
presently exists east of the Kruidenier/Scofield driveway. The applicant will
provide Garfield County with adequate security to assure performance of this
repair and maintenance at final plan approval.
30. Consideration of county school and park needs must be addressed in the submission.
Although this is a four (4) lot subdivision, the cumulative impact of a number of similar
subdivisions within this area may necessitate school and park services per Section 9.8 of
the Subdivision Regulations of Garfield County, Colorado of 1984 and per Section III.
2.2, Policy of the Garfield County Comprehensive Plan of 1994. The applicant will pay a
per lot, school site, acquisition fee in an amount determined by the Board of County
Commissioners at the time of final plat approval. The submission will include an analysis
of the impact of present and of future subdivisions in the unincorporated portions of the
County. Although this is a four (4) lot subdivision, the surrounding northern, eastern, and
southern area of this site are rural with lot sizes similar to the pre -subdivision land holding
of the subject property. The impact of this subdivision and potential future subdivisions
on the character of this region should be assessed.
Page 7 of 7
03/11/98 16:17 $970 945 9769 LARRY GREEN
•
RES
URCE
■.■■■ E N G I N E E R I N G I N C.
Lawrence Green, Esq.
Delaney and Balcomb, P.C.
PO Drawer 790
Glenwood Springs CO 81602
RE: Hammes Well
Dear Larry:
March 11, 1998
Ms. Tamara Cunningham of the State Engineer's office contacted Resource
Engineering, Inc. regarding two well permits submitted by your office for Mr. Hammes.
She contacted us as the representatives of the Basalt Water Conservancy District
(BWCD) because the wells will be covered by a water allotment contract with the
District.
The applications as originally submitted on February 6, 1998 were not consistent with
the water allotment contract. We worked with Ms. Cunningham and Mr. Don Gillespie
of your office to correct the applications.
In addition, Ms. Cunningham requested a third application. This being for the existing
well which now holds an exempt permit but will require a fee well permit when and if
the subdivision is approved. We assisted Mr. Gillespie with the preparation of the third
well permit application which was submitted on March 6, 1998. A copy of this
application is attached.
We have reviewed the Assistant State Engineer's March 6, 1998 letter to Victoria
Giannola regarding the Hammes wells. In forming their conclusions regarding the
Hammes wells they apparently did not realize that all three wells are covered by the
Hammes water allotment contract with the BWCD. In fact a total of 8 residences are
included in the contract; 4 primary and 4 secondary units (see attached water
requirements table).
The State also concluded that the BWCD contract requires the applicant to file an
application for a Plan for Augmentation or be included in the BWCD's augmentation
plan. This is not true for wells located within the BWCD "Area A". The BWCD has a
Substitute Water Supply Plan approved by the State Engineer for wells located within
Area A and this plan provides replacement water in the full amount of diversions.
All three wells are within Area A and are included in the District's Substitute Water
Supply Plan. We expect the State Engineer to issue the well permits based on the
Hammes water allotment contract and the substitute water supply plan.
fj002
Consulting Engineers and Hydrologists
909 Colorado Avenue ■ Glenwood Springs, CO 91601 • (970) 945-8777 • Fax (970) 945-1137
w 03/1i/98 16:18 $970 945 9769 LARRY GREEN
• •
Lawrence Green, Esq. March 11, 1998
Page 2
If you have any questions, please do not hesitate to call.
Sincerely,
RESOURCE ENGINEERING, INC.
Paul S. Bussone, P.E.
PSB/mmm
033-7.0
Attachments
hemmes.033.wpd
003
RESOURCE
MIIIENGINEERING I N C.
03/11/98 16:19 $970 945 9769 LARRY GREEN
•
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03/11/98 16:19 $970 945 9769 LA
COLORADO DIVISION OF VR RESOURCES
DEPARTMENT OF NATURfrIllitSOURCES
1313 SHERMAN ST., RM. 818, DENVER CO 80203
phone - info: (303) 866-3587 main: (303) 866-3581
RESIDENTIAL*Note: You may also use this form to apply for
Review instructions prior to completing form
RRY GREEN
1. APPLICANT INFORMATION
Naar ase stole -ant
Michael Hammes
Mairilp Addrar
c/o Lawrence R. Green
P.O. Drawer 790
City
Glenwood Springs
Stets
CO
Le coda
81602
TalspMrre Number (include sees code)
(970) 945-6546
2. TYPE OF APPLICATION (check applicable box(es))
•
t,...20055
MAR LS 'a8
r^ v- ,uac�
livestock wattling, Water Well Permit i afror
Must be completed in blas or typed
6. USE OF WELL (check appropriate entry or entries)
See instructions to determine uses) for which you may (warily —
CI A. Ordinary household use in one single-family dwelling
VMI outside use)
fl B. Ordinary household use in 1 to 3 single-family
dwellings:
Number of dwellings:
® Home garden/lawn irrigation, not to exceed 1 acre:
area irrigated 1500 ® sq. ft. 0 acre
13 Domestic animal watering — (non-commercial)
*Plus detached caretaker unit.
❑ c. Livestock watering (on farm/ranch/range/pasture)
7. WEU.. DATA
❑ Construct new well
❑ Replace existing well
❑ Change (source) aquifer
❑ Other:
O Use existing well
® Change / Increase Use
O Reapplicationa.p:.d porno,
1 *
Menmran puneiea note
15 gpm
Anter emceed to be eithdreern
1 acre-feet
3. REFER TO (if applicable)0
Total depot
220 feet
Atria
Sandstone
Water court case I
Perrritt /
161551
8. TYPE OF RESIDENTIAL SEWAGE SYSTEM
Verbal I
-VE-
Monitoring hole acknowledgment if
MH -
Weil name or t
Mike Well No. 1
4. LOCATION OF WELL
County
Garfield
Quarteriguarter
SE
Quarter
SW '/a
I$ Septic tank / absorption (each field
O Central system
District name:
O Vault
Location sewage to be hauled to:
O Other (attach copy of engineering design)
9. PROPOSED WELL DRILLER (optional)
Section
24
Township N or S
7 ❑ M
Range E or W
88 D
Rbttapah aAsereian
6th
Name
uc.taa n„naer
Distance o1 well from section lines
350 ft. from ®s
2160 ft. frern DEW
Weil location address. if different from applear, addree M applicably
For replacement weds only - dirision end Olfaction from aid welt to new wed
feet direction
5. TRACT ON WHICH WELL WILL BE LOCATED
10. SIGNATURE of applicant(s) or authorized agent
The making of false statements herein constitutes perjury
in the second degree, which is punishable as a class 1 mis-
demeanor pursuant to C.R.S. 24-4-104(13)(a). 1 have read
the statements herein, know the contents thereof and state
that they are true to my knowledg7
.//?.
Agent
OPTIONAL INFORMATI N
rry
suet bS eiota
A. You must check ane of ttse following - see instructions
® Subdivision: Name Hammes
Lot no. 2 Block no.
Filing/Unit
InCounty exemption (attach copy of county approval & survey)
Name/no. Tract no.
❑ Mining claim (attacn copy OT deed or survey)
Name/no.
❑ Other (attach legal description to appliicationj
/4,4
Date
lib /s
USGS mop mama
OWR mac no.
Surface ahoy.
B. STATE PARCEL
ID# (eprionall:
C. • scree in tract
22.26
D. Are you the owner of this property?
a/YES C NO (if no - see instructional
E. Will this be the only well an this tract?
OYES ZS NO (if other wells are on this tract- see instructions)
Office Use Only
DIV
co Z3
WD 30
BA
USE MD
Form GWS -44 (11P
APR -08-1998 12 20 DIV WATER RESOURCES
Form No. OFFICE OF THE S- ENGINE1 H
GWS -25 • COLORADO DMSI OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St, Denver, Colorado 80203
(303) 866.3581
APPLICANT
MICHAEL HAMMES
% LAWRENCE R GREEN
DRAt.u>~R 740 DISTANCES FROM SECTION LINES
GILIG4+Nwoer $pp.,Noc Co $1(oaZ/
(970)945-6546 550 Ft. from South Section Line
1500 Ft. from West Section Line
303 866 3539 P.04%04
WELL PERMIT NUMBER 049664
UC
DIV. 5 CNTY. 23 WD 38 DES. BASIN MD
Lot: 1
Block: Filing: Subdiv HAMMES
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SW 114 Section 24
Twp 7 S RANGE 88 W 6th P.M.
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDmONS OF APPROVAL
1) This well shall be used in Such a way as to Cause no material injury to existing water rights. The issuance of the permit does
not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right
from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork
River, as an alternate point of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt
Water Conservancy District's substitute water supply plan, approved by the State Engineer. is in effect and when a water allotment
contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi
Reservoir is in effect, or under an approved plan for augmentation. See BWCD Contract No. 3.3.5299 (this is 2 of 3 wells, on
4 lots, covered by this Contract).
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single fainly dwelling.plus onep
(1) detached caretaker unit, and the irrigation of not mom than 1,500 square feet (0.03 acres) at home gardens
and ns. All
use of this well will be curtailed unless the water allotment contract or a plan for augmentation is in effect. This well is for use
on a 7.15 acre tract, described as lot 1, Hammes subdivision. This is to be known as 'Mae Wei No. 2.
5) The maximum pumping rate shalt not exceed 15 GPM_
6) The annual amount of ground water to be appropriated shall not exceed 0.925 acre-feet (301,400 gallons).
7) A totarizing ttow meter must be installed on this well and maintained in good working order. Permanent records of all diversions
must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
8) The well must be constructed not more than 200 feet from the location specified on this permit.
9) The owner shall mark the well in a conspicuous place with well permit number(s), and court case number(s) as appropriate. The
owner shalt take necessary means and precautions to preserve these markings.
10) This permit has been approved forthe above described use(s), maximum production rate, and maximum annual withdrawal based
on the limits provided in Basalt Conservancy District Contract 3 3.5.299, as confirmed by conversation with the District's engineer.
You have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date
of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106, C.R.S.).'97444$
APPROVED
TLC
db- .
$tate enoin sr
RPt:Pint No_ 0426608A
DATE ISSUED APR 0 8 1998 EXPIRATION DATilkp
TOTAL P.04
APR -08-1998 12 19
OFFICE OF THE
COLORADO DM
818 Centennial Bldg., 1313
(303) 868-3581
Form No.
GWS -25
APPLICANT
DIV WATER RESOURCES
I L LN(iIM±ii
OF WATER RESOURCES
Sherman St., Denver. Colorado 80203
MICHAEL HAMMES
% LAWRENCE R GREEN
DRAWER 790
GLNWD SPRGS CO 81602-
(970)945-6546
PERMIT TO USE AN EXISTING WELL
303 866 3589 P.03/04
•
WELL PERMIT NUMBER 049665
EXST
DiV. 5 CNTY. 23 WD 38 DES. BASIN MD
Lot 2 Block: Filing. Subdiv. NAMM S
APPROVED WELL LOCATION
GARFIELD COUNTY
SE 1/4 SW 1/4 Section 24
Twp 7 S
RANGE 88 W 6th P.M.
DISTANCES FROM SECTION LINES
350 Ft. from South Section Line
2160 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
OONDRIONS OF APPROVAL
1) This well shall be used in such a way as t0 cause no material injury to existing water rights. The issuance of the permit does
not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right
from seeking relief in a civil court action.
The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
Approved pursuant to CRS 37-90-137(2) for the use of an existing welt constructed on July 23. 1991, under permit 161551, to
a depth of 220 feet. This well is approved to appropriate ground water tributary to the Roaring Fork River, as an alternate point
of diversion to the Basalt Conduit, on the condition that the well shall be operated only when the Basalt Water Conservancy
District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between
the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect,
or under an approved plan for augmentation. See BWCD Contract No. 3.3.5.299 (this is 1 of 3 wells, on 4 lots, covered by this
contract) .
4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, plus one
(1) detached caretaker unit. and the irrigation of not more than 1,500 square feet (0.03 acres) of home gardens and lawns. All
use of this well will be curtailed unless the water allotment contract or . plan for augmentation is in effect. This well is for use
on a 17.6 acre tract, described as lot 2, Hammes subdivision. This is known as 'Mike Well No. V.
5) The maximum pumping rate shall not exceed 15 GPM
6) The annual amount of ground water to be appropriated shall not exceed 0.925 acre-feet (301.400 gallons).
7) A totalizing flow meter must be installed On this well and maintained in good working order. Permanent records of all diversions
must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
8) The well must be constructed not more than 200 feet from the location specified on this permit.
9) The owner shall marts the Weil in a conspicuous place with well permit number(s), and court case number(s) as appropriate. The
owner shall take necessary means and precautions to preserve these markings.
10) The issuance of this permit cancels permit 161551,
11) This permit has been approved for the above described use(s), maximum production rate, and maximum annual withdrawal based
on the limits provided in Basalt Conservancy District Contract 3.3.5.299, as confirmed by conversation with the District's engineer.
You have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days of the date
of issuance, pursuant to the State Administrative Procedures Act (See Section 24-4-104 through 106, C.R.S.A.144
)
APPROVED
TLC
z
1
sreh E^9I^oet
Receipt No. 0428182
DATE ISSUED APR 0 8 1998
i62/34 -24--x4-)
BY
EXPIRATION DATE APR 0 8 1999
APR -08-1998 12: 18 IV WATER RESOURCES
Form No. OFFiet UI- 11 -It b . I e rtvulrvrnr=n
GWS -25 * COLORADO DIVISION OF WATER RESOURCES
• 818 Centennial Bldg.. 1313 Sharman St, Oenvor, Colorado 80203
(303) 86-3581
APPLICANT
MICHAEL HAMMES
% LAWRENCE R GREEN
tom. itnea t:. 740
ga.Ceeee e e Set, A7pS
(970)945-6546
PERMIT TO CONSTRUCT A WELL
ISSUANCE OF THIS PERMIT F�R A 1'VATER RIGHT
��oO�V�
in such a way as to cause no material injury to existing Etter rights. The issuance of the permit does
I) Thisehhll bg I adinjury nt that no will occur to another vested water right o reclude another owner of a vested water right
not
t asssusure the app'
from seeking relief in a civil court action. unless approval of a
2) Tae construction
this well shalt in compliance
d Of Examiners oofter Well Construction Rules 2 CCR 402-2, Water Well Co struct On and Pump Installation Contractors in
variance has been granted by the State
accordance with Rule 18. to the Roaring Fork
) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropri Ing ground water tributary
River, as an alternate point of diversion to the Basatt Conduit, on the condition
State thengineewell shallbe
beeoperated
cpt ra w�� when allotment
W� cb,a,ry District'swelsnesand eter supply Plan, approved by
thebetween the well owner and the Basalt Water Conservancy District fc�r the release of replacement water from Ruedi
contract be lan for augmentation. See Contra No. 3.3.5.2 9 (this is 3 of 3 wells, on
Reservoir is in effect, or under an approved p
4 lots, covered by this contract). inside purposes single fly dwelC�rx�s, plus two
4) The use of ground water from this well iir limited
on to rdinary not !leasehold� � 1e (1,500 square feet for � of home
ga detached caretaker and thementation is in effect.
�� and {std A0 use of this well will be curtailed unless the water aAotmerft contract oro b ann°o�R augmentation W� � 3,
This well is for use on lots 3 and 4 of the Hammes subdivision (19.8 acres total).
5) The maximum pumping rate shall not exceed 15 GPM.
ro riated shall not exceed 1.85 jicre-ieet (602,900 gallons)g) The annual amount of ground water to be app P ood wworking order. Permanent records of all diversions
7) Atotafiang flaw meter must be installed on this well and maintained in g
must be maintained by the well owner (recorded at least annually) and submitted n so thmi0'�a � Engineer
ea It soo upon
from any other
g) This well shall be located not more than 200 feat from the location antor a waiver has been obtained -
existing well, unless the other existing well is owned by pp as appropriate. The
9) The owner shall mark the well in a conspicuous place with well permit numher(s) and court case number(5)
owner shall take necessary means and precautions to preserve these markings.
10) This permit has been approved for the above described ouse(s), maximum
3 5'� �rou�med by conversation rCwith the Distmum annual CicYs engineer.
Ydrawal based
ou limits provided in Basalth issuance
of Dhis rict pe
You have the right to appeal the issuance of this permit, by filing a written request with this office within sixty (60) days �S me
of issuance, pursuant to the State Administrative Procedures Act (See Section 24-4-104 through 106, C.R.S.).le
•
303 866 3589 P.02/04
WELL PERMIT NUMBER 049666
DIV. 5
CNTY. 23 WD 38 DES. BASIN MD
F
Lot. 3 Block: Filing' Subdiv: HAMMES
Cp %IL JZ -
LIG
APPROVED WELL LOCATION
GARRELD COUNTY
SW, 114 SE 1/4 Section 24
Twp 7 S RANGE 88 W 6th P.M.
DISTANCES FROM SECTION LINES
210 Ft. from South Section Une
2309 Ft from
East Section Line
APPROVED
TLC
st &,oma,
Receipt No. 0426608B
DATE ISSUED PR 0 8 1998 EXPWATION DATEAP
itAPR 2 4 1998
GAFFIE p COUNTY
• •
Mr. Phil Vaughan, Chairman
Garfield County Planning and
Zoning Commission
109 - 8th Street
Glenwood Springs, CO 81601
Dear Mr. Vaughan:
Jean and Dee Blue
0404 Road 104
Carbondale, Colorado 81623
April 22, 1998
Re: Hammes Sub -Division
Well Permits
Mr. Hammes has applied for three well permits for the above sub-
division and was granted the well permits. We have entered an
administrative and a court appeal seeking a review of the three well
permits and a reversal of the permits on the basis of injury to our
decreed spring.
We would like you to take this information into consideration at
your next Commission meeting.
Sincerely,
Jean M. Bl/uu
Dee Blue���- `��
STATE OF COLORADO
Bill Owens, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
AN EQUAL OPPORTUNITY EMPLOYER
John W. Mumma, Director
6060 Broadway
Denver, Colorado 80216
Telephone: (303) 297-1192
6-27-99
Garfield County Plamnir
109 8th St., Suite 303
Glenwood Springs, CO 81601
RE: FT_amnres (West Rimledge) Final Plat
Dear Ms. Giannola:
OF
For Wildlife —
For People
We received a copy of the West Rimledg e final plat. I believe that Rick Adams may have commented on
the subdivision earlier; however, he has since retired and no longer works for the Division of Wildlife. The
resolution contained in the application refers to items 1-4 in the DOW letter concerning the application. I
have no idea what these items were nor was a copy of this letter contained in this application. In addition,
the application received at our office on 6-25-99 did not contain a map of the subdivision or how it is to be
platted. I'm unsure what changes could be made at this late date and my ability to comment is rather
limited without any other information about the subdivision.
In reviewing what was contained in this application, I would make the following additional comments and
recommendations:
1. It appears that horses may be kept. Any horse hay should be fenced at the owners' expense
with 8' mesh game proof fencing to prevent game damage problems.
2. Fencing — any rail fence should be 3 rail or less, the round or split rail type with at least 18"
between 2 of the rails. This will allow for fawn and calf movement. There should be no
plank type fencing.
3. On page 10 of 17 of the covenants, item #9, it mentions nuisance wildlife. I would like to
stress that all wildlife falls under DOW regulation and state statutes. The association cannot
give approval to destroy or remove any wildlife species. It does mention according to law,
but it still may be misleading to the homeowner. I would strongly encourage the homeowners
be provided with a copy of some of our brochures regarding living with wildlife which
addresses some of the "nuisance wildlife"(I have included some for your convenience).
People need to realize they are moving into wildlife habitat and need to take responsibility for
where they choose to live.
4. Wildlife (especially deer or elk) may die on the homeowners' property. The homeowner will
need to properly dispose of any dead wildlife, not the DOW.
Thank you for the opportunity to comment. If you have any questions, please give me a call.
Sincere
Kevin Wright I
District Wildlife Manager
Carbondale
r
c1H)7-2920
RECEIVED JUN .2 9 1999
DEPARTMENT OF NATURAL RESOURCES, Greg Walcher, Executive Director
WILDLIFE COMMISSION, Chuck Lewis, Chairman . Mark LeValley, Vice Chairman • Bernard L. Black, Jr.,Secretary
Members, Rick Enstrom . Marianna Raftopoulos . Arnold Salazar • Robert Shoemaker . Philip James
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
http://water.state.co.us/default.htm
Victoria Giannola
Garfield County Building & Planning
109 8th St., Suite 303
Glenwood Springs, CO 81601
Dear Ms. Giannola:
July 19, 1999
Bill Owens
Governor
Greg E. Walcher
Executive Director
Hal D. Simpson, P.E.
State Engineer
Re: Hammes (aka West Rimledge) Final Plat
S%2SE'/4SW'/4 & S'/2SW'/4SE1/4 Sec. 24, T7S, R88W, 6TH P.M.
W. Division 5, W. District 38
We have reviewed the above referenced subdivision proposal. This office previously commented on the
Hammes Subdivision proposal in a letter dated February 26, 1998. It appears that our comments from this
previous letter still apply.
Based on comments in the previous letter, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the
proposed water supply will not cause material injury to decreed water rights, so long as the applicant maintains
valid well permits. If you or the applicant has any questions concerning this matter, please contact Craig Lis of
this office for assistance.
Sincerely,
Craig M. Lis, P.E.
Water Resource Engineer
oML/KJ W/Hammes-west Rimledse.doc
cc: Orlyn Bell, Division Engineer
Joe Bergquist, Water Commissioner, District 38
Carbondale & Rural Fire Protection District
June 28, 1999
Lawrence R. Green, Esq.
Delaney & Balcomb, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
RE: Hammes Subdivision -Emergency Ingress/Egress Easement
Dear Mr. Green:
300 Meadowood Drive
Carbondale, CO 81623
(970) 963-2491
Fax: (970) 9630669
The proposed emergency ingress/egress easement for the Hammes Subdivision through the adjacent
Wooden Deer Subdivision is a preferred alternative to the previous approved emergency
ingress/egress easement through the Bill Johnson property. The proposed easement will better serve
both the Hammes Subdivision and the Wooden Deer Subdivision. Specifications for the emergency
ingress/egress easement to be essentially the same as specified in the previous letter of approval dated
April 7, 1988.
Please contact me if you have any questions or if I may be of any assistance.
Sincerely,
Bill Gavette
Fire Marshal
Cc: Dan Muse, Architect