HomeMy WebLinkAbout2.0 Staff Report BOCC 02.16.93PROJECT INFORMATION AND STAFF COMMENTS
BOCC Ut6t93
An exemption from tle dehnition of
subdivision.
Jim Rigoli
A parcel of land located in portions of
Sections 35 and 36, T4S, R9lW of 6th
P.M.; Located east of County Road 243,
approximately five (5) miles north of the
intersection of County Road 243 and
Buford Road.
The site consists of approximately 4l acres.
Proposed wells
Proposed I.S.D.S.
Direct access from County Road 243
A/R/RD
A/R/RD, O/S (BLM)
REQUEST:
APPLICANT:
LOCATION:
SITE DATA:
WATER:
SE!TER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
II.
RELATIONSHTP TO THE COMPREHFNSIYE PLAN
The site is located in District C - Rural Areas - Minor Environmental Constraints as
designated on the Garfield County Comprehensive Plan Management Districts' Map.
rIFSCRTPTION OF THF PROPOSAI
A. Site Irescrintion: The site sits in within the creekbottom lands of Main Elk
Creek. The creek meanders through the property. The property slopes gently
towards the creek from both the east and west. A single-family house, including
a gara5e and barn are located on the northern portion of the property (Lot I of
proposed exemption). The property is bordered by BLM land on the east and
west. A vicinity map is attached on page -l - .
Adjacent land uses include irrigated agricultural land and single family
residential (see land use map oo p-ug. .J - ).
Prqject Description: The applicant is requesting an exemption to split the
subject property into three (3) separate parcels of 15.45, 10.58 and 14.58 acres
in size. Lots 2 and 3 include a right-of-way and utility easement to be used for
an underground irrigation pipe for the Clinqlgp Ditch. A sketch plan included
with the application is attached on page r g t.
Background: Based on a review of records in the Garheld County Assessor's
and Clerk and Recorder' Office, theparent parcel consisted of approximately 51
acres. Deeds on file with the County indicate that the Rigoli's purchased the 5l
acre parcel in 1971. In 1980, the Rigoli's applied for and were granted an
exemption from the definition of a subdivision. Resolution 80-252 authorized
the division of the 51 acre tract into 4l and 10 acres. The resolution specifically
precluded the future division of the 10 acretract. No restrictions wereplaced on
1[s lspainin g 4l acre parcel from further division through the exemption
process.
Two (2) of a possible four (4) parcels allowed by the exemption process have
been created. Since the further division of the l0 acre parcel is precluded by
Resolution 80-252, the 4l acre parcel could potentially be split two times,
creating a total of three (3) oarcels frop the 4l acretract. A copy of Resolution
8}-252is attached oo pug.S-fr}3.
In the application, Mr. Rigoli states his intention to sell the land following the
ry:"
request. A copy of the applicant's cover letter is attached on page
m.MAJOR ISSTIES AND CONCFRNS
Suhdivision Regulations. Section 8.52 of the Garfield County Subdivision
Regulations state that "JtIo more than a total offour (4) lots, parels, interests
or dwelling units will be created from anyparcel, as that paroel was described in
the records of the Garfield County clerk and Rworder's olfice on laauary 1,
1973, and is not a part of a recorded subdiuision; however, any parel to be
diuided by exanption that is spht by a public right-ofway (State or Federal
highway, Countyroadorrailroad) ornaturalfeature, preventingjoint useofthe
proposed tracts, and the diuision occurs along thepublic right-of way ornatural
feature, such pards thereby created may, in the discretion of the Boar4 not be
coasidered to have ben created by exemption with regard to the four (4) lot,
parel, interest or dwelling unit limitation otherwise applicable;
As discussed above, the exemption request is consistent with requirements of
Section 8.52.
Zoning. All of the parcels created far surpass the two (2) auelot minimum for
the A/R/RD zone district. Each parcel also has at least 400 feet of frontage on
County Road 243.
Legal Access. Based on the sketch plan submitted with the application, all three
of the proposed parcels have frontage, and will take access off, of County Road
243.
B.
C.
B.
A.
C.
?
D. Water and Sewer. The applicant currently has a domestic well (*12364) for up
to three single-family dwelling units. Mr. Rigoli intends on requesting three
household wellsforonesingle-family dwellingunitsinlieuoftheexistingpermit.
Staffreferred the application to the State Engineer's Offrce for their review, and
the State confers with Mr. Rigoli's proposal. However, the household use well
permits will tre limited forhousehold and domestic usesOnly. No outside usefor
irrigation of lawns or gardens will be permitted. The State requests that plat
ilFffi;flect
these limitations (see l-8-93 letter from John Schurer on
Irrigation wateris provided by sharesin the Clinetop Ditch and Clinetop Ditch
#1. The ditches traverse the property on both the northwest (Lots I and 2), and
the southeast (Lots 2 and 3).
Sewage disposal for these parcels is proposed I.S.D.S. The Soil Conservation
Service for the Rifle Area classifies the soils on the site to include the Olney Soils
Series. This series are described as having only "moderate" limitations for
residential uses and septic tank absorption helds. This designation includes
limitations that can be addressed by proper design.
State and I ocal Health Standards. No State or Local health standards are
applicable to the application.
I'\rainagg. No drainage easements are necessary due to the relative flat profile
of the proposed lots.
Fire Protection. The proposed exemption is located in the Silt/New Castle Fire
Protection District. No response has been received from the Fire District to
date.
Easements. The sketch plan submitted with the application includes a right-of-
way and utility easement that appears to originate from the Clinetop Ditch.
school Imfract F'ees. The additional lots are subject to the required $200.00 per
lot school impact fee.
Bureau of Land Management. The BLM requested that the owners be advised
that the adjacent public land has current permits for livestock graang. Under
Colorado statutes, it is the owner's responsibility to construct and maintain a
lawful fence protecting their property in order to recover any damases from
trespass livestock (see 2-5-93 letter from Michael Mottice on page .?. ).
A letter of objection from Julie Anne Inwood is attached on
Natural Hazards. The project is located in the Deep creek u. s.G.s. euad map,
which is not included in the Lincoln-Devore natural hazards studies.
E.
F.
G.
H.
J.
K.
L.
-
TV. STIGGESTETTFTNTITNGS
l. That proper posting and public notice was provided as required for the meeting
before the Board of County Commissioners.
2. That the meeting before the Board of County Commissioners was extensive and
complete, that all pertinent facts, matters and issues were submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons, the proposed exerrption is in the
best interest of the health, safety, morals, convenience, order, prosperity and
welfare of the citizens of Garfield County.
V. RECOMMF'NDATION
StaffrecommendsAPPROvAloftheapplication, subject tothefollowing conditions:
1. That all representations of the applicant, either within the application or stated
at the meeting before the Board of County Commissioners, shall be considered
conditions of approval.
2. A Final Exemption Plat will be submitted, indicating the legal description ofthe
property, dimension and area of all proposed lots or separate interests to be
created, access to a public right-of-way, and any proposed easements for
drainage, irrigation, access or utilities.
3. That the applicant shall have 120 days to present a plat to the Commissioners
for signature. Extensions of time may be granted if requested prior to the
expiration date.
That the applicant submit $200 in School Impact Fees for the creation of each
new lot.
A driveway permit for all lots shall be obtained from the Road and Bridge
Department prior to the issuance of a building permit.
Each parcel shall receive a deeded, proportional share of all irrigation rights to
both the Clinetop Ditch and Clinetop Ditch #1.
Copies of well permits for the three additional parcels shall be submitted to the
County prior to the recording of a Final Exemption plat.
!
The following plat note shall appear on the Exemption plat:
"The household well permit for these lots will limil yell use for household
puqposes inside one single family dwelling and the watering of domestic
animals. No outside use for irrigation of lawns or gardens will be
permitted".
Prior to approval of a Final Plat, the applicants will submit a letter of approval
from the SiltA.[ew Castle Fire District.
4.
5.
7.
8.
E/vESpqT 25
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United States Department of the Interior
BUREAU OF LAND MANAGEMENT
Glenwood Springs Resource Area
50629 Highway 6 and24
P.O. Box 1009
Glenwood Springs, Colorado 81602
February 5, 1993
l{r. l'[ark Bean
Garfield County Flanning Departnent
109 8th Street - Suite 303
Glenyood Springs, Colsrado 81501
_
Dear l{r, Bean:
rn response to the request for eomments regarding the proposed Rigoli
Subdivision Exemption located approximately 5 miles north of County Road 243
and the Buford Boad, I offer the follouing statements {or your scheduled
February 16, J.993 public meeti.ng. Portlons of the 40.6 acre parcel are
adjacent to public lands administered by this office.
1. The landounPrs should be avare of the Location of property boundaries toensure no encroachment occurs on public land.
2, lle are not arare of the location of utilities for porer, telephone, etc.to the property' If utilities are proposed that rould cross public land, theutilj.ty company uould have to obtain a right-of-ray fron this oJfiee,
3. The orners should be advised that the adjacent public land has currentpermits for livestock grazing. Under Coloradcr statutes, it ie the orners,responsibility to construct, and maintain in good condition, a Larful fenceprotecting their property in order to recover any damagee {rom trespassLivestock,
I{e appreciate the opportunity to comment on thie action. If you have anyqueetions or need additional information, please contact Jin Byere in thisoffice at 945-2341.
Sincerely,
I'tichael S. llottice
Area lilanager
IN REPLYREFER TO:
1785s
rfEB 0 I tees
GAHFi &:r.IJ CUL,jf\,tTY
Proposed Rigoli Subdivision Exemption
The purpose for this request for exemption is to sell the
property in smaller parcels, thus making it more attractive to one
or more purchasers. My wife and I would like to move to the east
coast and have not been able to do so because the property has not
sold. We have owned this property since L97L. We sold it to Jeri
LaCanna and took it back through foreclosut€. We would like to
sel} the property. This exemption will also allow us to sell part
of the property So we can pursue our move to the east coast, and
retain a parcel for the future should we decide to move back to
Col-orado.
Attached to the application are several documents which
require explanation:
The original deed from Steimel to us shows the property as it
was in January I L973. There are two additional deeds between us
and the Dyrnesses. We sold them a ten acre parcel. A subdivision
exemption was granted in 1980 for this division of the property.
Further, there is a Public Trustee's Deed which reflects our
current ownership of the property. Fina1ly, there is a Bargain and
SaIe Deed wherein an easement was granted to an adjacent property
owner.
Evidence of soil types and characteristics are on file in the
GarfieLd County Planner's office.
I have a domestic well #12364 for up to three single family
dwellings. I intend to cash in this well in lieu of a request for
three household we1ls for one single family dwelling each. I
intend to require sept,ic systems be installed for each dwelling
built on the new parcels.
My tax certificate indicates we
fire protection district. I have
district and will forward it upon
hearing.
are located in New Castle/Silt
requested a letter from said
receipt and/or prior to the
I
STATE OF I(ADO
OFFICE OT THE STATE ENCINEER
Division of Water Resources
Department of Natural Resources
1313 Sherman Street, Room BIB
Denver, Colorado 80203
Phone (303) 866-3581
FAX (303) 866-3s89
Roy Romer
Covernor
Ken Salazar
Executive Director
Hal D. Simpson
State EngineerJanuary 8, 1993
Mr. Dave Michaelson
Garfield County Regulatory Offices and Personnel
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE:Rigoli Subdivision Exemption
Sections 35 & 36, T 4 S, R 91 W, 6TH P M
Division 5, Water District 39
Dear Mr. Michaelson:
We have reviewed the above referenced proposal to split a 40.6 acre parcel into tluee
parcels of 15.45, 10.58, and 14.58 acres each. A domestic well, permit no. 12364, currently exists
on the 40.6 acre parcel. The applicant proposes to surender permit no. 72364 in exchange for
three household use only well permits.
The existing well permit, no.72364, was issued for domestic purposes on July 37,1.962.
This permit may serve up to three single-family dwellings only if it has historically served three
single-family dwellings. If the well has not historically served three single-family dwellings, then
the applicant should obtain a new domesric well permit to serve three single-family dwellings. The
availability of a domestic permit on this 40.6 acre parcel will be the same as any tract over 35 acres.
Once the applicant has obtained a domestic well permit valid for use in three single-family
dwellings (or documented the historic use of permit rro. 72364 in three dwellings), the domestic
well permit may be surrendered and household use only well permits may be obtained for each of
the three proposed lots. The household use well permits will limit well use for household purposes
inside one single-family dwelling and the watering of domestic animals. No outside use for
irrigation of lawns or gardens will be permitted. Plat notes should reflect these limitations on well
use.
If the above provisions are acceptable to the applicants, we recommend approval of this
proposal. Please let us know if you have any further questions.
Dave Michaelson
January 8, 1993
Page 2
Sincerely,
,.lrW il^'^'')
John Schurer, P.E.
Senior Water Resource Engineer
JS/jd,
rigoli.rev
cc: Orlyn Bell, Division Engineer
James Lemon, Water Commissioner
Bruce DeBrine
STATE OF COLORADO
OTTICE OT THE S'IATE [NGINEIR
Division of Water Resources
Department clf Natural Resources
1 Jl 3 Shernran Slrcct, Room B I B
Denver, Colorado t]0201
Phone (3Ol) tl66-3581
FAX (3ol) 866-3s89
JIMMIE J RIGOLI
4824 RD 243
NEW CASTLE CO
October 12, 1993
81 647
RE: Application Receipt No. 359180-A, -8, -C
Roy Ronrer
Covernor
Ken Salazar
Ixeculive Direclor
I lal D. Sinrpsorr
State Engiileer
Dear Mr. Rigoli:
Your application fclr permits to construct tlrree wells are beirrg returned for additional
inlormation and/or correction. The requested information is required before your applications
may be evaluated further. All corrections and/or additions n'lade to the application lorms must
be typed or printed in BTACK lNl( and dated and initialed bv the aprrlicant. or the authorized
agent of the applicant.
Please return these tlrree applications with a copy of one ol the following (as applicable):
1) A copy of the SIGNED AND DATED County Commissioners Resolution (or County
Commissioners lvlinutes) concerning the exempted tract(s)'
2) A copy of the County approvecl survey plat with legible dates and signatures showing
the original tract and all exempted tracts.
Prior to further action on your applications, some documentation showing the parcels
have been legally created by Garfield County must be provided.
Thank you for your cooperation. lf you have any questions, please contact tltis office
arrd reference this letter and the above receipt nurnber.
Sincerely,
#rll' u'#z;'-1'
Jeff Deatherage
Engineer
cc: Dwight Whitehead, Division 5
tjd
Enclosure(s)
Aer
.. i
'l/RJ.5.Rov.76
Appllcation must
be complete where
applicable. Type or
print ln ELACK
lN K. No overstrikes
or erasures unless
lnltlaled.
i\
CC ,RADO DlVlSlOi{'OF WATER RESOT/. ,E'S
818 Crntsnnlal Bldg., 1313 Sherman St., Drnvcr, Colorudo 80203
PERM RM
PERMIT TO USE GROUNO WATER
) A PERMIT TO CONSTRUCT A WELL
I A PERMIT TO INSTALL A PUMPFOR:
fr t: I 'i, i lii:: fi
AUG 2 0'93
WAIL'I RISOURCET}
SIAIE ENG]NEES
o0to.
6 7yd(o7
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Ir
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r:il(Ilfl
Lr-l=clltdl:(-1WATER COURT CASE NO.
(1)APPLICANT - mailing address r
NAME Receipt N".357 /30 -2,
Basin
APPLICATION APPROVED
This well shall be used in such a way as to cause
no marerial injury to existing water rights. The
issuance of the permit does not assure the applicant
that no injury will r:ccur to another vested water
right or preclude anrrther owner of a vested water
right from seeking relief in a civil court action.
t51l:il
I
E(l
r:;:r
6 r lr.*'1,-r L
no irrigation (0)( I INDUSTRIAL (5}() IRRIGAT,ION (6}( I MUNICIPAL (8}
PERMIT NUMBER
DATE ISSUED
EXPIBATION DATE
(STATE ENGINEER}
(st.tel
d
srREEr{ff{ ./? zf7
cnu,kzcuC4, /rrt,, fu4,{Z(strt.l (Zlp)
TELEPHONE NO Vr>q* ?Fq - Vq. zq
(2) LOCATION OF PROPOSED WELL
o,un v Gaz,4o/Z
{ we %otthe NE %,section gS-
twp. 4 J,nnn. ?/ -W-,rN.Sl (E,WI
(3} WATER USE AND WELL DATA
Owner's well designation La* / l^-c/(
EHOLD USE ONLY
FOR OFFICE USE ONLY: DO NOT WRITE lN THIS COLUMU
Proposed maximum pumping rate (gpm) /'' fr :
L
Average annual amount oJ ground water n - 3 3to be appropriated (acre-feell: tt o
Number of acres to be irrigated : k C n 'oE* ''s s -'-/-@71 -
Proposed totaldepth tleelz 3'tc'- zo3, ,?c-*"1
Aquifer ground water is to be obtained from:
-.,- u l4o.'-.-- E/k (r. r. /<
I OTHEB (9I
DETAIL THE USE ON BACK IN (11}
(4) DRILLER
"5 / "tt Z //-/ '/f
yu " 3 c t- Lb/, ,(t -^" I
steet ya, lZ36y i rZo{oV
City
tDoMESTIC (11
I LIVESTOCK (2)
} COMMEBCIAL (4}
Telephone No.Lic. No.
cn!rr\tTY 23 7F
(5) THE LOCATION OF Tl{E P,.-POSED WELL and theareacin
which the water will be used must be indicated on the diagram below.
Use the CENTER SECTION ('l section, 640 acres) for thewell location.
(0)
by distances from section lines.
2 "fo ft. from
7s'o fr. from ErlS r
sec. line
sec. line
+
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1 M1LE. s28o FEET .---yl
++++1-(east or west)
in. from ft. to*- ft.
in. from ft. to- lt.
I NORTH I-f^f
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Pcnr/''.'t 2SUBDIVISION 4, i 7o /-' -t-trrol'"'!;ot fxt2e/'it
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{(4,1?7, z+* . wirr.inis oe
the onry *"rrl^"rnoo ?,*r, ,Yt < f/1 {t/*s
(B} PROPOSED CASING PROGRAM
Plain Casins € f -? at 42 t -t k
9ct lqz tty'lof ttzola>" .. - 'in. tr'om-Tt. to' . ft.
-in.
from
-ft.
to-ft.
Perforated casing
(9) FOR REPLACEMENT WELLS sivedistance
and direction from old well and plans for pluggingit: 14The scale of tlre diagram is 2 inches = 1 mile
Each small square represents 40 acres.
WATER EOUIVALENTS TABLE (Rounded Figuresl
An acre-foot covers I acre of land I foot deep
I cubic foot per second (cfsl . . .449 gallons per minute (gpm)
A lamily of 5 will reqtrire approrinrarelV I acre-toot of water per year.
I acre-foot.. . 43.560cubic feet... 325,9O0gallons.
1,0O0 gpm pumped continuously for one day produces 4.42 acre-feet.
(10} LAND ON WHICH GROUND WATER W!LL BE USED:
-tr r'1.1 r?7 r (-"'", o /t'
Legal descript ion' 5't u' 4 f oo(/.-z-=-o
NORTH SECTION L
SOUTH SECTION LINE
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t7.
(11) DETAILED DESCRIPTION ot the use of ground water:Household use and domestic wells must indicate type of disposal
syrtem to be used. O n c_
s -'-( <- clg e -t
.{ t .o / -'c /. ., i /, .f -', /e1
/u-r r/ar', e.n- a(
I { -'t- ----------
(12) OTHER WATER RIGHTS used on tlris land, including wells. Give Registration and Water Court Case Numbers.
Used for (purpose) Description of land on which used
(13} THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO TI.IE BEST OF HIS KNOWLEDGE.
[Jse additional sheets of paper if more space is required.
L,Oi Z
\{RJ.!'Rov,76
Appllcation must
be complete where
appllcable, Type or
print in BLACK
lNK. No overstrikes
or arasures unless
inltlaled.
(1) APPLICANT - mailing address
NAME D,qnte T ,f/Go/t
TELEPHONE NO.-7a9 - .),s-t4- 7qz+
(2) LOCATTON OF PBOPOSED WELL
g,unry Gr{tFre/D/ ,rre Y, of tne N€ 7r, section
lL
' CO--RADO DlVlSlOf'l OF WATER RESOU,.-E$
818 Ccntcnnlrl Bldg., 1313 Shsrman St., Dcnvcr, Colorado 80203
} REPLACEMENT FOR NO.
) OTHER
WATER COURT CASE NO
,'l,r-,'_i
lr,
RECE'Ur{)
AU0 2 0'93
'H+.,ii,Hiltrs-
cafr
Cttu,r{
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Lrl:tr
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*aeer 4rPRf ,/t\ ft?i,
sny y'eu, CA{Ze .G& H4?7(strr.) (zlp)
FOR OFFICE USE ONLY: DO NOT WRITE lN THIS COLUMU
Receipt rtofu-lL, frJ
sin
-Dist.
-
El
Tl:ilti'
fo
This well shall be used in such a way as to cause ,.ir
no rnaterial 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.
3-r
6 f\*
'1 , ,,: ,4/
l/ - t.'
Proposed maximum pumping rate (gpm) ;)
Aveiage annual amount of ground water o"33to be appropriated (acre:feetl:
Number of acres to be irrigated:2ta e
Proposed total depth (feet!:6a
Aquifer ground water is to be obtained from:
,rt /fu .-.'e '^- Tn .'b € o 2)a "l ,tr/k C;tk
Owner's well designation la* 2 l.rn /(
r*p. 4 J.rnn. q/ W,
(N.Sl (E,w)
(3} WATER USE AND WELL DATA
DOMESTIC (1I
LIVESTOCK (2}
COMMEBCIAL (4}
OTHER (9I
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
INDUSTRIAL (5}
IRRIGATION (6}
MUNtCTPAL (8)
APPLICATlON APPROVED
PERMIT NUMBER
DATE ISSUED
Name
Street
1-lo /q.^ o I e
Z- -'- t ,1. !, o( /- - 7/r'^
EXPIBATION DATE
city (STATE ENGINEER)
(st.te)
BY
,{rn _ COI'NTY- 2 Z
ICATION FORM
IT TO USE GROUND WATER
T TO CONSTRUCT A WELL
A PERMIT To INSTALL A PUMP
HOLD USE ONLY
Telephone No.Lic. No.37
loT 2_
(5) Tl{E LOCATION OF TFIE F,...r 'OSED WELL and theareaon
which the water will be used must be indicated on the diagram below.
Use the CENTER SECTION (1 section,640 acres) for thewell location.
(6)
+r-+l-
i
NOR']
+-
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+
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r M;LE, s2go FEET
--1"1
2 fo tt. from /l/aft f // sec. rine(north or souihl
Ofoft.from Eqs r sec. line
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(east or westl
SUBDIVISION
(7) IBAQT-QN-wM
(B) PROPOSED CASING PROGRAM
Plain Casing
+-
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f ,n.t,om /? n.rc f€ n.
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- -+-
++
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Perforated casing
6 in.rrom e{o tt.to 6o rt.
in. from ft. to--_ lt.
(9) FOB REPLACEMENT WELLS sivedistance
and direction from old well and plans for plugging
it:-t---t
The scale of the diaqram is 2 inches = 1 mile
Each small square rerlresents 40 acres.
WATER EOUTVALENTS TABLE (Rounded Figuresl
An acre-foor covers I acre of land I foot deep
1 cubic loot per second {cfs) . . .449 ga[ons per minute (gpm]
A lamily ol 5 will require approximately I acre,foot of water per year.
1 acre-foor ... 43,560cubic (eer .. . 325,9OOgailons.
1,000 gpm pumped continuously lor one day produces 4.42 acre-feet.
(10) LAND ON WHTCH GROT'ND WATER WILL BE USED:
Owner(s):R -'e o /.'
Lesat descript ron' 9 c ,- 4 f fo c. l o-..( .€x r( -'6 ,' I *
by,distances from section lines.
NORTH SECTION LINE
I
-J-
t-
I
i
I
--l--
I
I
--1--
I
(11) OETAILED DESCRIPTION of theuseo{groundwater: Householduseanddomesticwellsmustindicatetypeof disposal)
system to be used. O^ c_ $ ..^ E /c-- fn n ,. f /*c ft'n 40
O.c f US c S 2 /.,,o / 5's-.< ./ e -2 F.j '4
(12) OTI{ER WATER RlGl-lTS used on this land, including wells.
Used for (purposel
Give Registration and Water Court Case Numbers.
Description of land on which used
(13) T}{E APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS
TRUE TO TI-IE BEST OF HIS KNOWLEDGE.
Use additional sheets of paper if more space is required.
-OLORADO DIVISION OF WATER REuUURCES 6#
818 crntonntrt Btdg., 1313 Shsrman St., Donvor:;;il"";o'rot REfrEM$
AU$ z 0'g$
V.'}JER RESCU;ICSII
SIAT; ENGiIi!8
c0to.
(Er€t
Gt
ECtFI
I OTHER
PERMI
) REPLACEMENT FOR NO.
A.?ElMlT TO USE GROUND WATER
&flERMIT TO CONSTRUCT A WELL
A PERMIT TO INSTALL A PUMP
.+or ,3
WRJ.J.Rov.7f
Application must
be complete where
applicable. Type orprint in I LACK
lNK. No overstrikesor erasures unless
initialed,
(1) APPLICANT - mailing sddress
WATER COURT CASE NO.
H oFr-tce USE oNLY: DO NOT WRTTE tN THtS COLUMT&,
CCI
,ceipt NolilrLtrT '91 fi
-11
sin
-
Dist.
--fj
I
Tr
This well shall be used in such a way as to cause H
no material. injury to existing tvater rights. The
tssuance ot_the permit does not assure the applicantthat no injury will occur to another vestdd waterright or preclude another owner of a vested waterright from seeking relief in a civil court action.
r't,(r. u ) ( t s -]. 3 ) :J 6--t- z z
I7/, I z-
DOMESTTC (1)
LIVESTOCK (2)
COMMERCIAL (4}
) TNDUSTRTAL (5)
) IRRTGAT|ON (6)
I MUNICIPAL (B)
OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
APPLICATION APPROVED
PERMIT NUMBER
DATE ISSUED
1'1o,n" Co /o -oz( o A .'c a n_S s_1__EXPIRATION DATE
strua /t ,'//< n
citY-staGT-.--.zinr-
D.
B
t.
NAME D€///€ J: ,F/ / (//,/
(strt.) a
TELEpHoNE 1,1s.3o3* 'lf4- 3 ziTq
(2} LOCATION OF PROPOSED WELL
o,u''.v &tfie/2
/ NC uottne /V€ %,section Jt
r*p. 4 5,nnn. 1/ -V, 6r\*
(3) WATER USE AND WELL DATA
Aveiage annual amount of ground
to be appropriated (acre-feetl:
water q)- 3 -3
Number of acres to be irrigated:-P t -o
Proposed totat depth (feet):- / O O
Aquifer ground water is to be obtained from:
owner's welldesignation 1o I 3 hr't /a
{
(
(
(
(
Proposed maximum pumping rate (gpm! 7 -
1
EHOLD USE ONLY
JI
lli:; , .-.. ,._...:
Llo -f,
f as /
rl"/orl r
ul=(3
Lrlt(.J
D
no irrigation (O)
Telephone No [.ic. No.
-g-COUNTY 23 3,,
LoT 3
+ - -t- - + - + - -f -- + __ -l- - +
(5) THE LOCATION OE__I_E!_B8OpU$ED WELI' atrd-thc area url
which the water will-6;I;a-ml;t 6;-i;Acared on il;; diagrarn below.
Use the cENTER SECTIoN (l section,640 acres) lor thewell location.
($l ul_E wE_c"MUST BE I-OCATED BELOW
u-idiiiances fronl section lines'
ft. Irom l/oR 7 #-r"".rin"
- anorth or southl
I
t
I
+
!<.-_- 1 M;LE, s28o FEET
-=71++++++
ft. from EE S f sec. tine
(east or w.st)
k?;: 7-iml"Y,' I f^. p7'' ^
*,in.from ,r.ro /? ,r.
+
1-
+
-.1-
+
- -1-
+
Lor--J--
/t-l ,'nv
SUBDIVISION
+
I
+
I
+
I
+
I-+
I
+
I-+
€ zr
3 6o
I
I NOBTH I*- at
iI:
I
- UOCSTfO g*n"r,, .f.'.r^.'" ,Q;?A/i/W{,",7", J u4r . ryrr this be
(7)
(B} PROPOSEI) CASING PROGRAM
Plain Casing
6
f-{-
I++
I.l--+
I
I
I
-+
+
-+-
+
I+-
I
+
I
_.-l-
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
o/.
f in.tro^ /? ,r.r, € C' t.
Perforated casing
+1 in.rrom Aotr.ro /0o tr.
in. from ft. to_- :t.
(9) FOR REPLACEMENT WELLS sivedistance
and direction frorn old well and plans for plugging
it:
/7.,7noy*d..t*,"', -TZZjfy'Zffi
-+-
-t-
WATER EOUIVALENTS TABLE (Rounded Figuresl
Arr acre-fool covers 1 acre of land 'l foot deep
1 cubic loot per second (c{s} . . .449 gallons per minute (gpml
A lamily of 5 will require approximalely 1 acre'lool of water per year'
'l acre-fool . . .43,560 cubic {eet . . .325,900 gallons'
i,OOo gp- oumped continuously for one day produces 4'42 acre'feet'
(10)
9c c-ac-A c-E 'f
I__+-
I
I--l--
I
ND
R-
Legal descriPtion:
(11) DETAILED DESCRIPTION of the use of sround water:Household use and domestic wells must indicate type of disposal
system to bc used.L_ g-'nq/-/ *,14"l
Oa tL 'J c-c ,--'.1/
- z (.
(12) oTHER WATER RIGHTS used on this tand, including wetts. Give Registration and water court case Numbers'
Used for (purposel Description of land on which used
TYPe or right
/;'
(13) THE APPLICANI-(s)
TRUE TO THE BEST
ifarrlst rHAT THE INFoRMATIoN sET
OF HIS KNOWLEDGE.
€,
FORTH HEREON IS
storagc shcds, all kcys aud garagc door opctrcrs inclurlirrg - -0- rcrtrotc con(rols; atxl (c)'
See aEEached extribiE
by Ehis reference'
t'Att hereLo aEEached anri macle a Part of this contracr
(d) \Yatcr I(iglrts. l'urclrasc pricc to-inclu<lc tlrc lollorvirtg 1"1]"tj']'li:[:#-".[il:I'ffiil"i"il'l'il'llt""J{'l;: ,i$1.: i: :.}:"::: "11,,:"$:;'$;1";";;:'l;i[?i;;':; ::il"::':x"1ti']i"iirii","l:!::1 1i,.,,?^:l::::,';r.il'"1]"]l; ?ltlll'1"::'::il:l; ;:;:H"^,)'i'1,i, ?::?l':^l:,-:,uo:^?:i,33:''n,ll'il"'i,:3::ili :::::!X'll'il'l;;;:;"[";,.' "'- ;;,i i"]o q':i:I,..:?1"::1'"; . tlil,:l:-n;:;";i:1.';:il" i "?1,?'l ::ii:,#i:." i :;;' i'i;"i;;;ie'',;';l"E ";'itl,' ;ilil:1'3,,1?i 3 ;ilir"i^,i"li-"rE"t rights shall be
(c)GrorvirrgCrops.withrcspccttothcgrorvirrgcropsScllcrrn<ll'urcttascragrccasfullo*'t ^""igned
as f ollows: 707. of.
above rights assigned to Lot
n/A an<l 307. assignecl to Lot 2'
thc atljustrtrcnl shrll bc ruadc in cash tt closing or pai<l as follorvs: N / A
(c) Ncrv Loan.
by I'urclrrscr obraining a ncrv loan' 'flris lour "vill
bc sccutcd UI t (.'lt' 2ntl' ctc')
,*r-"* ,,;; ;.',rl,,t'^u uvcr I pcriod ot
-
ycars ;rr irpProxir ":1,t"
t-.-
':rfiil( ptur, if rc<ltrircd by Iurchascr's lcndcr'
-- ocf
'l.hcabovc.t|cscribcrlinclutlcrIitcnls(lnclusiolrs)arctobcconvcycdtoPurch;rscrbyScllcrl:y::::]j:'"'r':ff::'fi,::Ji:i:1,f:,ffif,r,i,..,"u.,..r orrn tucs, Iicns:rnd cncu,.b'.rtccs, cxccr)t rs provi<rcrr in scction r0'
- r &L^ c^1 I ar ^.J ^-lfi:i;1,:H:JllH[,i'i]::llJ:il,ffiffill1lll;,'n"'*,,r1,p:orT :,; ^%'\21"1*"rtry *
;il-l-l ; EtA,b,r'A'i
:v of the. $efler'il cLA
! .4. /1,"\, g2-11,4_e_(
3. I'UI(CIIASI' PRICI' AND'I'EIIIUS.
follows (conrplctc rlrc lpplicablc tcrttts bclorv):
1'lrc purclrasc pricc slrrll bc $ 27 5 ' 000 ' 00 ' pryabtc in U'S' dolhrs by I'urchascr as
(a) I!:rrncs( MoncY.
s I0.000.00 irrrhcfornrof pprqnnn'l .nlr.nk ,ascarncsturorcydcpositln<lprr(payntcnto[thcpurchasc
pricc,p;ryablcrtrandhcrdby criNl'ilRy ?l pi;il;J+-c"- --------:- hr.kcr'irtbrokcrtlrust
,
t"' ;{ fitn?:li'8 ro bc paid riy I,urchnscr ar crosing in caslr, crccrronic rransfcr [urrrls, ccrtil'ictl cltcck' savings artd loan tcllcr\ chcck' or
'fhc ncri
a tlcposit of
lf thc loan is an adjustlblc inlcrcsl ratc or
Lorn discoun( points, ifilny, shall bc pli<l to lcndcrat
'l'hc l'irst (1, 2, ctc.) -- loan disct'tuttt I bc prid bY
No. CBS3-5'89.\,ACANT LAND/Ti\RTI AND IT^NCII CONI'IIACT TO I}UY AND SI'LL REAL I,STATIi
,,r !,,,r'ti.tri. o l7.l:l Wircc Sl., Dcnvcr. CO 80202 - (l0l) 192'2500 -
ng principal attrj itttcrcst no( to cxcccd
of thc cstitnltcd :rnllull rcll cstl(c tr)ics ililu^r.,, ltrctttiuttt, ancl ntortgirgc insul ancc prcnliunt'
intl intcrcsl ratc iilritillly slrall not cxcccd thc figurcs sct forth :tbovc'
shrll not cxcccd 7o o[ tltc total loln lntouttt'
lturclruscr! lorn costs. Cost o[ arry ;rppraisrl
I t-39
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i+','1,,::ri!
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t,:, oll,:
r l:I:,i| ., j:;-
; t.!1"
.i t" =. i,:,';, L' ):| |:rt\'t,:_l
, t' ,ilt. i
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i'i."iri:" '
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: ).
'.,':,
i, i.+
/
A tract of land locaEed
as loE 3 of the proposed
monumented subJecc to SB
County Conrml ssioners.
EKIIIBIT ''A,'
ln sectl-ous 35 and 36 as more fully described
RIGOLI SUBDMSION ETEMPTIONto be surveyed and
35 approval Eo be granted by the Garfield
TogeEher wiBh dirch and water righEs as follows:
An undivlded two-thir<ls (2t3) interest of sel-Ierrs one-third (1/3)
inEerest in Ehe Cline Top Ditch No37A, and particularly Priority Nos'
49A, October 1, 1885, a][ld, 22O B, Harch 4 L92L' Plus all of the
Sellerts interest in Cline Top DiEch Nos. 1., all iu the decrees of
Distric Courr of Garfield CounEy, Colorado.
one Eousehold well pern:it servicing Lot 3. (Hell to be installed by the
Purchaser).
orcoloruDo
OFFICE OF THE STATE ENCINEER
Division of Water Resources
Department of Natural Resources
l3l3 Sherman Street, Room 8i I
Denver, Colorado 80203
Phone (303) 866-35B1
FAX (303) 866-3589
Mr. Jimmie Rigoli
4824 243 Road
New Castle, CO 81647
JSlrigoli
cc: Dwight Whitehead
Bruce DeBrine
Dave Michaelson
.uA\t6t
ffi;-6r! cot"lhrw
May 3, 1993
Re: Rigoli Subdivision Exemption
Sec.35 & 36, T4S, R91W, 6TH PM
W. Division 5, W. District 39
Dear Mr. Bjgoli:
Thank you for the information contained in your letter of April 13, 1rgg3. Since the service
1o the three single familydwellings did not begtrr until 1973, you need to obtain a new well permit
for the well operating under permit No. 12364. Any uses initiited after May 8,lg72 are considered
to be an expansion of use of the well and a new permit is required.
After you have obtained the new well permit the tluee single family dwellings may be
legally served from this well. After the county approves the split,Ihe domestic pernit *uy b"
su:rendered and an inhouse use well permit can be obtained for each of the three loti. fhe inhluse
permits will limit well use for household purposes inside one single family dwelling. No outside
use for irrigation of lawn or garden will be permitted. Plat notes should ieflect thise limitations
on well use if individual on lot well are to be the source of supply.
Enclosed is a permit application form.
Roy Romer
Governor
Ken Salazar
Executive Director
Hal D.Simpson
State Engineer
Sincerely
Jr)^rr { "l*,ovlJohn Schurer, P.E.
Senior Water Resource Engineer
W tr, /?/a
,rZ)ra D*q- /?22,c
d**r//- ?rz,-"*v
/o?/- td ,h-{-zW+;-r"", , Oo. tYrG a r// ////
Dron /4o /'ry/;lrrz-d-=zr '
"//
l
//q**o-/-ng, a-.-zL- rzd/)2,-r,*-L -zab*--1;--',- f-
//, /--/'- ,* fn',"Z a- F/** Z' z/z-"
/. ,
--7/r"-o,, -r.*--tzZ ztl6''-/- /t'--'--'/
{.ca-/t,t> /, //f 3
/?f r'.
a&**ez-'
,44 E/.,,t- /2y'/u4. A-m-zt 1 Z/r',-'/, /?^ "/23**[, -,-Z)z;->;=- &*%*-/, 4*f
,e Vz/'*'oT 4'
&rnu L-"r=l
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.il:
.1::
Silt-New Castle Volunteer tp.D.
Box 236
silt, co 91,652
Rcs Talbott-ChairmaD
William Montorrcr
Sean Mello
Cary Schrc€dcr
Gordon Wiuke Dm Zordcl - Chief
Stu Ccrise - Assist Ctrief
Board
December 2, L992
To Whom It May Concern:
The Silt-New Castle Fire Department has reviewed the subdivision proposal by Jim Rigoli which is
located on243 Road. Access and water supply for fire suppression appear to be adequate. The
developer should be aware, however, that the distance from the nearest station creates a substantial
rcsPonse time. We find no condition abnormal to the area and therefore have no objectiou to the
proposal.
Sincerely,
ilL-4,-,
Don Zordbt-l
Chief, Silt-New Castle VFPD