Loading...
HomeMy WebLinkAbout1.0 Application111:I:0IZ IYI'I I1 )ARO 01: COI1N1'Y COMMISSI(7PFRS OF GAR F11;.1.1) COUNTY, COI..ORA1)0 1' 1,'1'I'1'1ON._1_O1._I X1,1\'lP_1111ON Pursuant to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned F . Pe+e r S l In )-Port S respectfully petitions the Board of County Commissioners of Garfield County, Colorado, lo exempt by Resolution the division of'3 .3 acre Ir;Ict of land into 3 tracts of approximately _ •9 9.47) lttJ acres each, more, or less, from the definitions of "subdivision" and "subdivided land" as the terms are used ;and clelined in C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield C'ounly Subdivision Regulationsforthe reasons slated below: -T'Ine� 3 pifine\s (Ye_ �Orrrek . 1�9t�►-�� bdudavies oC RC1 1'3-7 a kiC X1y0k1 C ►-ee k SU13iv11'n-A1., 1I(UIIZI Nll:N'1'S: An application which satisfies the review criteria must be submitted with all the following information: A. Sketch map al a minimum ;Kale of I",:200' showing the legal description of the properly, dimension and arca ofall lotsorseparale interests to becreated, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities; 13. Vicinity map at a minimum scale of 1 ":2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within Iwo (2) miles, for which a copy of IJ.S.G.S. quadrangle map may bengal. C. Copy of the deed showing ownership by the applicant, or a letter from the properly owner(s) ifother than the applicant; and I). Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, ntineral owners and lesseesofmineral owners of record of the properly to be exempted, and tenants of any structure proposed for conversion: and I Nvidence of the soil types aid characteristics ()leach type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and leper of approval of fire protection plan from: appropriate lire district; and C;. If connection to a community of rurtnicipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and 11. Narrative explaining why exemption is being requested; and 1. It shall be demonstrated that (Ire parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must he subntilled with the application. F. Pe p- S I m mobs Petitioner (Red Gov/ iqcolch Mailing Address QnwaotSprtnys / CO City State ‘C":" 0900 Telephone Number PETER & DOROTHY M. SIMMONS 4 4 COUNTY ROAD 137 `. GLENWOOD SPRINGS. C 81601 "r y DES. CK. DR. HMS DATE3/10/94 FILE NO. 94640.01 SHEET 1 OF 1 GRAPHIC SCALE 0 100 200 PROPoStD'SURDIVISIojt ExeMpT/oM -3 PARCELS CREATED BY .N!}Tr/RRL I30uNPARIES CEL OF LAND SITUATED :.jN:TTHETsw 1/4 T. 5 S., R. 90 W., OF THE 6TH 'OU\TY OF GARFIELD, STATE OF CO BOO ( Di FEET ) 1 inch = 200 ft. - APPROXIMATE LOCATION OF BEAR WALLOW CREEK PPACEL. C EXISTtNC ROAD-' •, FND REBAR & CAP LS 116842 W co O 0 4p )37 FND REBAR & CAP LS 119598 N88'37'35"E 0 wtu. CACCESS TO BEAR WALLOW RANCH ABANDONED COUNTY _ S; ROAD ��• CONC L,� HEADWALL ACCESS ESMT R CSP TION s6196 r S88'37'35"W 476.71' 1 _FkIn RFRAR _k CAr S88.37 35 O N N N f*1 500.00, / / , , , , • • F�0 —DITCH 'NWILUAMS CANAL RECEPTION / ?f 7622 CAL/ r‘.1 G d-/- 2599.01' • * ACCESS TO WILLIAMS RANCH APPROXIMATE LOCATION OF CANYON CREEK pitart.. COUNTY RD 137 c147A AREA g REBAR & CAP 1.842 • i ACJOINER FENCE 9 prtpaatd Z1' 70 DA ac i. 4, I f► APPROXIMA'E — LOCATION (F EAST CANYON CREEK CENTER 1\4 SECTION 24 FND B L.M. ALUM CAP L --APPROXIMATE LOCATION OF WOLVERTON MESA DITCH A (APPEARS TO SE ABANDONED) ouz_ A ,1,41:7A FND REBAR & W. CAP LS .116842 RtsFRvED aFaQ SihMoN3 FAMILY "TRUST 130.17' CD co S88 35'•W 862.92 FND REBAR ,tc CAP LS /16842 1 1 1 a r Red Canyon Ranch 81uw od Springs, CO 81801 November 6,1995 Board of County Commissioners, Garfield County Glenwood Springs, CO 81601 Subj: Petition for Exemption From: F. Peter Simmons Dear Commissioners, I submit the following data to support my application to divide our 38.5 acre Canyon Creek parcel into three (3) parcels formed by natural boundaries. SUBMITTAL REQUIREMENT A: The three (3) natural boundary splits are formed by County Road 137 and Canyon Creek splitting this 38.5 acre parcel into Parcel A being 13.9 acres on the East side of Canyon Creek, Parcel B being 9.67 acres between Canyon Creek and County Road 137, and Parcel C being 14.95 acres on the West side of County Road 137. as shown on the attached sketch map dated November 1, 1995. Parcel A has access to County Road 137 by a 25 foot easement along the northern side of Bear Wallow Creek. Parcel B and Parcel C have County Road 137 as a boundary. As noted on the map, Parcel A is reserved for the Simmons Family Trust for fishing and occasional overnight camping. When the Petitioner deeds the remaining two parcels, Parcel B (9.67 A), and Parcel C (14.95 A), to future buyers , they will include deeded water rights to the Williams Canal of 30 gallons per minute (30gpm) each, for use in fire -fighting and irrigation. These rights, as shown on the attached certificates, equate to a total of 0.19 cubic feet per second (0.19 cps), or 85.5 gallons per minute (85.5 gpm). The remaining 25.5 gpm will be reserved for fire protection on Parcel A in the event future development ever takes place on that parcel. SUBMITTAL REQUIREMENT B: Map B1 and B2 show the vicinity of the Simmons 38.5 Acre parcel which is two (2) miles north of Route I-70 at Exit 109, on County Road 137 (aka Canyon Creek Road). SUBMITTAL REQUIREMENT C: Our Warranty Deed, dated March 11, 1994 is attached. • • -2- SUBMITTAL REQUIREMENT D: Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption: (a) Bill and Doris Bullock P.O. Box 609 Glenwood Springs, CO 81602 (b) Rob and Sandy Carter 344 Remington Run Loop Tallahassee, FL. 33212-1402 (c) Rosemarie Glas P.O. Box 5172 Aspen, CO 81612-5172 (d) W.H.I., Inc. 5986 Financial Dr. Norcross, GA. 30071-2949 (e) Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602 SUBMITTAL REQUIREMENT E: Soils and characteristics are shown in the "Nontechnical Soils Description Report" attached as Reqm. E-1. A map showing our property and the location of these soil types is attached as E-2. This report verifies that my Canyon Creek property has more then adequate soils to accommodate individual septic systems on each of the parcels requested. SUBMITTAL REQUIREMENT F: (a) Source of domestic water: The petitioner has already applied for a "household use only" well on each of the three parcels. Copies of these applications are attached as F(1), F (2), and F (3). A letter from the Office of the State Engineer, dated September 7, 1995, and attached as F (4), indicates that these applications will be approved by the State "once the proposed parcels have been created by Garfield County." The location of each of these wells is shown on the attached sketch map dated Nov 1, 1995. • • -3- (b) Method of sewage disposal: Individual septic systems on each parcel, as approved during the issuance of a building permit in accordance with current regulations (c) Fire Protection Plan: The property is within the boundaries of the Glenwood Rural Fire Protection Distict and fire and medical response will be provided by the Department of Emergency Services. Additional fire protection will be achieved through Covenants on the deeds to future buyers requiring all homes to have fire resistive roof construction and a 30 foot defensible zone around the perimeter of the home. Oranamental shrubs and trees are permited within this zone. Site inspection of this proposed exemption, by Jack Jones, Asst. Chief, was completed on June 23, 1995, and it was determined that access and road grades to these future homesites is acceptable to the fire district. This fire protection plan has been approved by the Glenwood Springs Department of Emergency Service, on November 6, 1995, and a letter to this effect will be sent directly to Garfield County. SUBMITTAL REQUIREMENT G: Not applicable. SUBMITTAL REQUIREMENT H: Narrative of why exemption is being requested: This proposed exemption, per the attached sketch map, represents the best use for this 38 acre parcel in the Canyon Creek area. SUBMITTAL REQUIREMENT I: Our Deed from Brinkley B. Brown, as shown in Submittal Requirement C, above, existed as the described parcel as part of the land described in the Deed from Rose E. Boland to Brinkley B. Brown dated April 23, 1959, and attached as Submittal Reqm. I F. Peter Simmons, Petitioner Red Canyon Ranch Red Canyon Road Glenwood Springs, CO 945-0900 .aaucaiamnwo,aaii.o NDER• HB COLORADO NON PKOFIT CORPO AT10N /► ( int Irrttt i that P 6- ÷- 67(7AS,I,n rr)oN is the owner of • 4/3 voting membership shares, as a member of a corporation not for profit, with all the rights, but subject to all the conditions granted or obligations imposed by the Articles and By -Laws of said corporation now or at any time hereafter in force and effect. Any transfer or assignment of this certificate is subject to the Articles of Incorporation and By -Laws of the corporation which impose limitations upon the alienability of memberships. IN (FITNESS WHEREOF, the said Corporation has caused this Certificate to be signed by its duly authorized officers and to be sealed with the seal of the Corporation, this day o f _ - y 4.D.19 16.- J, aocs 368 OWIOMT • M. N..160864311. OMIGAOO BROWN ASSIGNMENTS IN WILLIAMS CANAL COMPANY THROUGH 3/9/94 Owner Virginia Ditch Spion Kop Ditch Shares Priorities Priorities (Previously) Brown Land & Cattle Company and/or Brinkley B. Brown P #111B P #177 1.0 cfs 1.9 cfs P #210 1.70 cfs P #213a 5.20 cfs P #255 2.1655 cfs 26.8 Bullock, William G. & Doris P #111B P #177 .60 cfs 1.14 cfs 3.897 Payne Land & Cattle Co. P #210 1.50 cfs P #213a 4.6 cfs' P #255 1.9655 cfs 18.065 Jane Reed P #111B P #177 .3 cfs .57 cfs -0- 1.94 Pete & Dorothy M. Simmons P #11113 P #177 .1 cfs .09 cfs .4271 • Rue Balcomb & Bruce Arbaney P #177 .1 cfs .2246 Boland Ranch Properties P #210 P #213a P #255 0.20 cfs 0.60 cfs 0.20 cfs 2.2465 ac,. ?viz- TER I & DOROTHY M. SIMMONS ,- COUNTY ROAD 137 GL_ENWO0DSPRINGS. C 3.,$ 1.. t 811 601 DES. .. p<, :.:. , > : FlLE NO. SHEET 1 DR. HMS DATE3/10/94 94640.01 OF 1 r GRAPHIC SCALE 0 100 200 it PROPoStDs$L)BDIVISi0M EXEMPT/0N -3 PPRC, .- -s NtAtf Mt3Eal ‘9 q5 CEL OF LAID SITUATEIYTN :THETSw :1/4 T.5S.,R..9OW.,.bFHE6TH- OUYTY OF G9RFIELD, STAT{ OF CO (IN FEET) 1 inch = 200 ft. APPROXIMATE LOCATION OF BEAR WALLOW CREEK Z O O O c0 P WEL ABANDONED COUNTY ROADS -•� ROAD `-. CONC —0 HEADWALL k CAP S88'3735W EXISTING FND REBAR do CAP LS #19598 N88'37'35"E \ VA N4ELL ACCESS TO BEAR WALLOW RANCH �f2' ACCESS ESMT ' RE�C'€PTION 11 P §196 FND REBAR LS #16842 N N IT1 FNn RFRAR Jc CAS 1 500.00,' / / / / / NWLUAMS CANAL RECEPTION j 7628 • • F)0 DITCH 1. f / APPROXIMATE LOCATION OF CANYON CREEK I post_ u COUNTY RD 137 2599.01 ACCESS TO WILLIAMS RANCH g REBAR ac CAP 1842 • i 116 9:47A AREA • ` ACJOINER FENCE • • 9 S)t1cd.t'R To DA aced, APPROXIMA ---•\ LOCATION (F EAST CANYON CREEK CENTER 1\4 SECTION 24 FND B L.M. ALUM CAP APPROXIMATE LOCATION OF WOLVERTON MESA DITCH R (APPEARS TO BE ABANDONED) -Po(a_ . ,ta-SA FND REBAR do W. CAP / LS 116842 RESERVED F6111 SIMMoNS FAMILY 130 17'-. • L1) O 03 r r3 • CO 00. 588'37 35 W 86 .9 FND REBAR .Ic CAP LS /16842 • ' -.-A•"-F-..1.-•„s-...I.-..I:,,.:.- -.tt..v ., :•:•‘:...;-t,-.4..4,.k0:,v,4‘;-.1.7,::.*2-„-,'4. -/ ,.. ' \,,-„th,"..Pd•';” ,i , - • '.1 - - .."- s-*,, N. i%V.,..._._iact - • Voe "-: - •k.- -....x. . . vtoets.o..." ..4... ,t_114 ,e241 41" 4 •;,.., ,,,,,..-:-:, • .% , _.;;;I ,;,1,,, .,,..-,4-,. . ,..,.--..-... ii))1.S;) il) .,,....,- , •.•.,1„.• klqIi.: i 17 ..... ks. '-') kk ' -1-• .._._-"•:- - YA I rf „ir ... , 0 V) , • . 1. 4 4 4 4 4 23 to• st • - 4' • 4 . SII 4 ® i • i 111 ♦�••••• -26 • —.—.-.—.-.—.• A 4 4► WY. WM •. . pf •al • i StMt4011S 3 g.5b ?ritcn. 955 , CD • • SOY Lt. 25 ; 4 2123-25 s1/2 0 .3-344 N 9LY N 2123— .Ii N Adjoining 2183 APPROVED: O 0, 2723 Township 5 South, Range 90 West SUBtArrvi q EQ • p..«ptlea No. al SUOMI-T/L REAM. C 4G0391 o'clock ,D M • " rE1 19u V) WARRANTY DEED THIS DEED, Mede thin 11T11 any of !ARCH .19 9 4 , between BRINKLEY B. BROWN, III of the said C...ry of cARrIEI.D ..d SiM. or COLORADO • plwor,.,•d T. PETER SIM ONS AND DOROTHY H. SIM ONS tufo.. kpl .ddrer k RID CANYON RANCH, CTT RD 115, OLllfll000 BPRINOS, CO 81601 .tdw 1'W Cannyot OAR/ IELD MdSweof COLORADO . pintoes: C -I Recorder —44010895w..1534 BAR 1 4 }g94 GARFIELI , stale Doc. deo s 22.6° DOC FEE $22.50 TWITNESE, that the pewter, for sad le consideration of the awn of good and valuable consideration and ten DOLLARS, the receipt and mffkkncy of whkh M hereby sckrgw{edaed, lbas panted. bargained. sold and conveyed. aid by them presents does part, bargain, .ell, convey and confirm, Irmo tin ranters. lick heirs and assigns forever, sot I tenincy b common but 1n lofts ten.ncy. .it dm real property. together with improvements, Virg. eku.M, lying and being h the MW Co'nty of OARFI LLD and 3ta4..f Colorado described as foflow.: S!! EXHIBIT -Am as kaoww by street and number Mr: TOGETHER with eft and iingolat the hereditament, and apprrtema_xa thereto belonging. or in anywise apipertainln f, and tars reversion end revers/one. remainder and remainder., matt. Imam and profits *moor, and all the mimic right, tile. interest. claire sod demand what• aoever of the parser, either la law or equity, of. M and to the above bargained premiers, wkh the herditamente and ipp.rtewancte. TO HAVE ANT) TO HOLD the meld remises above bapined and described, with the appvnenences. onto the grantees, their heir. and maga, forever. And the paha, for himself. bb heirs. and personal sepre' oU4l n, doer covenant, gran, bargain. and sr« to led with M. pawn, their heirs and assigns. that el the time of the eneealing and delivery of there presenter he M well seared of the premises \bore e.areyed. hes good, we. perfect, shooks' end lndefeasRde estate ef'eherkenee, in law, 1. fee simple. and hie good right, fun pout, and lawful authority to pas. bargain, sell and convey the same la manner and form as aforesaid• end that the same are fres and clear frogs an Recon sad other party. bargain!, sales, ikws, rues, amessoncsi, eecwnbrawcea and renrktiona of wh.rever kind Of name oerec, titer real property taxes for the year 1994, not yet due or payable and those item) met forth on Exhibit 'B' attached hereto. The gasser.1.l1 and will WARRANTY AND FOREVER DEFEND the shove -bargained premiks in the grid and peaceable pee.eLb. oldie pigeon, their heirs and uelgns, against attend every person et eeaowe l.rvfully claiming the whole or any pen thereof. Tba Moretti . sober shall k.d.de the pineal, the plural the .ligula, and the mss of any grader shall be applicable to all leggier.. W WFT5 W1D;RE0F, the grantor Ras "mewed this dead on the date set forth shove. BRINKLEY B. BROWN, III SWeof COLORADO lr County of CARFILLD Tis foregoing ieurerne.t was acknowledged before me this ay Brinkley'B. Brown, III 11TH day of MARCH . K11t.e 's my ►and and efrcW seal. Notary Pnb1 4 1994 Return to: River Ranch Properties 118 W. 6th St., Ste 213 Clenvood Springs, CO 81601 SCHEDULE k PROPERTY DESCRIPTION C—a, • eoox0895 535 oRDEtk Nos 94022556 A parcel of land situated In the SW1/4 of Section 24, township 5 South, Range 90 Meet of the Sixth Principal Meridian, County of Darfield, state of Colorado, said Parcel being more particularly described as follows, Commencing at the West quarter corner of laid Section 21, a 8LM aluminum cap in place, The True Point of Beginning; thence W. 88 degrees 37'35' E. along the East-West centerline of said Section 24 2599.01 feet to th0 center quarter corner of said Section 24, a 8LM Aluminum cap in piaci; thence S. 02 degrees 14'35' E. along the North-South centerline of laid Section 24 748.89 tett to the Northwaet corner of that property described in feception No. 416366 of the Garfield County Clerk and Recorder's tff.ice; thence leaving •aid North-South centerline the following (5) five courses along the Northerly line of that property described in laid Reception No. 416366. 1) S. 88 degrees 37'35' W. 862.92 feet; 2) N. 68 degrees 10'28' W. 853.79 feet; 3) S. 88 degree• 37.35' W. 500.00 fest; 4) S. 01 degrees 22'25' E. 385.00 feet; 5) B. 88 degree 37'35' N. 476.71 feet to a point on the Westerly Ilne of said Section 24; thence N. 00 degrees 22.00' W. along teid Westerly line 797.59 feet to The True Point of Beginning. COUNTY OF GARFIELD STATE OF COLORADO ti • v • C-3 IooK0895 PM 556 EXHIBIT "B" Right of way for ditches or canals constructed by the authority of the United States es reserved In United States Patent recorded August 16, 1917 in Book 92 a: Page 369 as Reception No. 58215. Naps and Statements of the following ditchest NAME FILSO RECEPTION NO. Virginia Ditch July 17, 1899 21889 Wolverton Ditch July 30, 1989 9324 Right of way for the Wolverton Neva Etch a■ recorded June 30, 1906 in book 64 •t Page 484 as Reception No. 32120. Easement and right of way for the use, operation and maintenance of the Williams Canal as granted by B::tnkley 8. grown to the Williams Canal company recorded Nay 19, 1975 in Book 474 at Page 44 as Reception No. 267628. Right of way for County Road 137 as c:osses through subject property. Right of way for the uninterrupted fl.+w of Canyon Creek as may effect subject property. Terms, conditions, restrictions, reservations, frovieions and obligations as vet forth in Easement recorded November 1, 1985 in Book 678 at Page 80 is Reception Nom. 366196, between Brinkley B. Brown, as Grantor and Double Eagle Land and Cattle Company, as Brants,. Poevessory rights lying outside the fsnce as shown on Survey by High Country Engineering, Inc. dated March 10, 1994. SUtJkITTF3L iA:OK air NONTECHNICALOILS DESCRIPTION REPORT E.'I one Map Symbol 7 11 Soil name and description Ascalon -Pena complex, 6 to 25 percent slopes These soils are on sides of valleys and alluvial fans. The soils formed in alluvium derived from sandstone and shale. Ascalon soil makes up about 65 percent of the complex, and Pena soil makes up about 25 percent. The Ascalon is on the less sloping, somewhat concave parts of the landscape, and the Pena soil is on the steeper, convex parts. The Ascalon soil is deep and well drained. The surface layer is fine sandy loam about 5 inches thick. The subsoil is sandy clay loam about 30 inches thick. The substratum is sandy clay loam to a depth of 60 inches. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Runoff is medium, and the erosion hazard is moderate. The Pena soil is deep and well -drained. The surface layer is about 12 inches thick. The upper part is stony loam, and the lower part is very stony loam. The substratum is very stony sandy loam to a depth of 60 inches. Permeability is moderate, and available water capacity is low. Effective rooting depth is 60 inches. Runoff is slow, and the erosion hazard is moderate. Begay sandy loam, 6 to 12 percent slopes This deep, well -drained soil is on alluvial fans and sides of valleys. This soil formed in alluvium derived from red -bed sandstone. The surface layer is sandy loam about 14 inches thick. The subsoil is fine sandy loam about 10 inches thick. The substratum is stony sandy loam to a depth of 60 inches. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Runoff is medium, and the erosion hazard is high to very high. Chilton channery loam, 6 to 12 percent slopes NONTECHNICAOIIS DESCRIPTION REPORT 411 one E-2 Map Symbol 3 Soil name and description This deep, well -drained soil is on alluvial fans and sides of valleys. This soil formed in alluvium derived from red -bed shale and sandstone. The surface layer is channery loam about 13 inches thick. The substratum is very channery sandy loam and very cobbly sandy loam to a depth of 60 inches. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is slow, and the erosion hazard is moderate. Farlow-Rock Outcrop association, steep This map unit consists of Farlow soils and Rock outcrop on mountainsides. The Farlow soil formed in residuum from limestone. Farlow soil makes up 65 percent of the association, and Rock outcrop makes up 25 percent. Farlow soil is deep and well -drained. The surface layer is channery loam about 10 inches thick. The underlying material is very channery loam and extremely flaggy loam about 32 inches thick. Weathered limestone is at a depth of 42 inches. Permeability is moderate, and available water capacity is low. Effective rooting depth is 40 to 60 inches. Runoff is rapid, and the erosion hazard is moderate. Rock outcrop is limestone. Jerry loam, 12 to 50 percent slopes This deep, well -drained soil is on mountainsides. This soil formed in alluvium derived from sandstone, shale, and basalt. The surface layer is stony loam about 3 inches thick. The subsoil is cobbly clay loam about 37 inches thick. The substratum is cobbly clay to a depth of 60 inches. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is rapid, and the erosion hazard is very high. Torrifluvents, nearly level NONTECHNICA OILS DESCRIPTION REPORT • one Map Symbol Soil name and description This broadly defined unit consists of deep, well -drained to somewhat poorly drained soils on flood plains. The soils formed in alluvium. These soils are stratified and vary widely in texture and depth. The surface layer ranges from loamy sand and fine sandy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loam stratified with sand, gravel, and cobbles. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff. These soils are subject to brief, occasional flooding late in spring and early in summer. Permeability is moderately slow to moderately rapid. Available water capacity is low to high. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. Torriorthents-Camborthids-Rock Outcrop complex, Steep This broadly defined unit consists of exposed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. Torriorthents make up about 45 percent of the complex, Camborthids make up 20 percent, and Rock outcrop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are very shallow to moderately deep. They are well to somewhat excessively drained. They generally are clayey to loamy and contain variable amounts of pebbles, cobbles, and stones. Permeability is slow to moderate, and water holding capacity is very low to low. Effective rooting depth is 10 to 40 inches. Runoff is very rapid, and erosion hazard is very high. ��I (Joins • `As>.) ' • 6.7 4- • • • • • • ...• ;AC; C. • 2 .11‘41111.1.1"_:: • . a.' 14 ••%-• . WRJ-5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLSADO DIVISION OF WATER RESOUR Ilk 818 Centennial Bldg., 1313 Sherman St., Denver, Color/t`6il/ED FOR: ( PERMIT APPLICATION FORM F( rA PERMIT TO USE GROUND WATER 2 5 '95 /A PERMIT TO CONSTRUCT A WELIyA ERRE RCrS ) A PERMIT TO INSTALL A PUMP STATEENGINEEa COLO ( ) REPLACEMENT FOR NO. ( /(OTHER )(' f !-P✓ tt /7777D WATER COURT CASE NO. 3 9-M 54,e gm, 11%\ 2p2122?2�s fi� ti 1. X 99 6'8LI.tJ (1) APPLICANT - mailing address NAME f. p/✓ u //' r zAr STREET 0 ('ariya) /MCA CITYq/ '1U✓d& r" # (State) TELEPHONE NO 9qr—�f P'/alt / (Zip) (2) LOCATION OF PROPOSED WELL Rt-A.CL i4 County /regt-7E2-1) 1/ of the Sw) % Section Twp. Jr _5, Rng. yo , (N,S) (E,W) Tit P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: Proposed total depth (feet): "13 'REX° ZOO Aquifer ground water is to be obtained from: J Owner's well designation Pa -'I /T WC// GROUND WATER TO BE USED FOR: (V) HOUSEHOLD USE ONLY - no irrigation (0) ( ) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Cidr4de IfrArel Street City (State) (Zip) Telephone No. Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No -f723 S5 O 1 Basin Dist. CONDITIONS OF APPROVAL 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 c urt action. 1777?6) (to iia ca..iwlle CHECKS TR#388507 072595 180.00 APPLICATIONAPPLICATIONftPlYgiVirEPRESOURCES PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D. ` COUNTY .2 3 • • F16 (5) THE LOCATION OF THE PROPOSED WELL and the area on • which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + — -1- — -{- — -F- — -i- — -+- — -+ — — 4- 1 MILE. 5280 FEET + +. 4- + 0 1- U W N w W NORTH SECTION LINE 1 r 1 1 I r 1 I -1 1 H SECTION LINE -I- -I-- 4 - 1 1 4 The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. .J go ft. from SA/sec. line (north -6 south) 3:%(•/0 ft from F -Ai f sec line 11-12(Ei,(east or west) � BLOCKFILING `` SUBDIVISION pia, .1IM/71141 AICItikt I (7) TRACT ON WHICH WELL WILL BE LOCATED Own er•F ed -Pi, c/n1/7/ ui No. of acres 13.0 Will this be the only well on this tract? Ye j' (8) PROPOSED CASING PROGRAM Plain Casing in from +-1 ft to o 0 ft in from `j 0 ft to /re) ft Perforated casing 1-01/ in from /40 ft to 7-60 ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s) -P. PAP `I— Po'rrc'My M Smit fAii No. of acres• /3 - q Legal description• /9-idv4 r'4,h, r 4- (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used.//+� /� 4� finif 41-41/n y oaf—z 030 p, citc4I sx3A4, 1.41/ , /, ,1 c/P¢ (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right ///4- ft Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS -KNOWLEDGE. SIGNATURE OF APPLICANT(SI Use additional sheets of paper if more space is required. . WRJ-5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. E S (2,e) CO ADO DIVISION OF WATER R SOUU 818 Cen ennial Bldg., 1313 Sherman St., Denver, C kEtE LI3 �1 PERMIT APPLICATION FORM (t/yA PERMIT TO USE GROUND WAT�RL 2 5'95 ( VA PERMIT TO CONSTRUCT A WES FOR: (6") A PERMIT TO INSTALL A PUMPS RFlES00RC..S SiAiE�41`� ( LACEMENT�O(i NO ( rOTHER A- f{ -(V WATER COURT CASE NO //3 9 -AA SI -hr,‘ lei r (se- v4'./A0: ��b8L95 (1) APPLICANT - mailing address NAME '- I Pkf ,..5; 7Y) m's STREET' R Co id I'anc CITY )/PJCrt/ \O1-1/Ff (D tfi64% (State) (Zip) TELEPHONE NO ? (2) LOCATION OF PROPOSED WELL P4RCEL r3 County 60fIFIk I v 'Y4 of the 'h Section a Twp. s � Rng. !Q Ng, 674 P.M. IN ,S) (E,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) IT Average annual amount of ground water to be appropriated (acre-feet): I/3 Number of acres to be irrigated: -a env Proposed total depth (feet): at° Aquifer ground water is to be obtained from: l)Akr10(-14 4--444ri/ --a Owner's well designation P4. K{( ES GROUND WATER TO BE USED FOR: (HOUSEHOLD USE ONLY DOMESTIC (1) LIVESTOCK (2) COMMERCIAL (4) - no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name (old rot // C?h sa? !P hl le'✓ Street City (State) (Zip) Telephone No. Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No 3q & so/ 4 / Basin Dist. CONDITIONS OF APPROVAL 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. APPLICATION APPROVED CHECKS X UIV ( SgfFk 8547 072595 RESOURCES PERMIT NUMBER DATE ISSUED EXPIRATION DATE 180.00 (STATE ENGINEER) BY ID S COUNTY .2 3 (5) THE LOCATION OF THE PROF SED WELL and the area on • which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + - - ± - -{- - -I-- - -}- - -I- - + - 4- I -i- + + + + + -F t NORTH SEC + W m + --F 2 p m H 1 — -+ W O V7 2 y r_ W 2 �4— 1 MILE. 5280 FEET TION LINE I 1 1 1 s: _ 4_ -_ _ _ 1 1 1 _ -_ 117 2. • (6) THE MUST BE LOCATED BELOW by distances from section lines. ft from ft from 5.6 u7 (north or south) BLOCK N��!/ SUBDIVISION (east -- or west) sec. line sec. line FILING J1 MPI els 1.41-V r� INORTHt ) T 1 SOUTH SECTION LINE 4- -+- 1 -} + + 4 -1-- + 1 The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (7) TRACT ON WHICH WELL WILL BE LOCATEDOwner.Owner• F. P stir Ptlii-S No. of acres 7 .67 4- Will this be the only well on this tract? yli (8) PROPOSED CASING PROGRAM Plain Casing in from 1-/ y //t/in from Perforated casing 1 Y vin from 16 C in from ft to ft ft to /, 0 ft ft to ft to Z aQ ft WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: P/fr (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): F. P.� frr + pd fc1'7 M • s /AM QUs Legal description- Sk 4114cAtf /x 4X1 1 A No. of acres: (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. NP s , / ft fy elL.44(4 1 Lit 11 d, e Isle c 1-eicr4 fib/b{ 041 /10 £►r,/ud( u.Jl.r . 4P J 5-)1 10,7 (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right eh' Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. OF APPL/CANT(SI S/GNA Use additional sheets of paper if more space is required. WRJ-5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLSADO DIVISION OF WATER RESOUR• 818 Centennial Bldg., 1313 Sherman St., Denver, Cob PERMIT APPLICATION FORM JUL 2 5'95 (4,4 PERMIT TO USE GROUND WATER ( PERMIT TO CONSTRUCT A W RREsOuACES FOR: ( e4A PERMIT TO INSTALL A PUMP ATEENUIEER ( ) REPLACEII(IENT�O,�i NO. ��� 7 (14 OTHER 7C Qt 'O WATER COURT CASE NO. (5) (1) APPLICANT - mailing address NAME F. PQ r Si rn rJai1.J STREET QQc\ ChyCA f ClnCji CITY6/e1i(+%nac SP.//iqj Q (State) TELEPHONE NO / q1 —69,60 Ebe/ (Zip) (2) LOCATION OF PROPOSED WELL 465L C County,, y clog W '/< of the s(� '''/--.,//Section ay Twp. .S_, Rng. To !�, G P.M. w,S) (E,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): Number of acres to be irrigated: ��r0 Proposed total depth (feet) : aOO Aquifer ground water is to be obtained from: v�kno fr�� y -)a (tnyb, 6.414— Owner's Y41k Owner's well designation Pa# I C 4.P 1 GROUND WATER TO BE USED FOR: /HOUSEHOLD USE ONLY DOMESTIC (1) LIVESTOCK (2) COMMERCIAL (4) no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER 1lCe,►SPa (.Ergo 1�tI//Qr Name Street City (State) (Zip) Telephone No. Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No.3885 % / 6 - Basin Basin Dist. CONDITIONS OF APPROVAL 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. APPLICATIONbVED TR#38850; 072595 IV Crr AMR RESOURCES 160.00 PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D. COUNTY .2 3 3 • (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. •4----1 MILE, 5280 FEET -i- + + • + + + + + NORTH SECTION LINE T- — SOUTH SECTION LINE m COrA m n O 2 r_ 2 rn -1- -� -} -a- 4 4- 1 1 1 4-- -- -J- — -I-- — + — + — +- — + — -+- — -� i I —4 The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. � F3b (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. _aSTO ft from SOL" 7i/ (north or south) sec. line qr/, f 7 ro ft from /:".-:',A./7 sec line (east or west) Abed C BLOCK 1 FILING # SUBDIVISION n41 .5.1 mnldlkid vfrg! (7) TRACT ON WHICH WELL WILL BE LOCATED Owner• /� • P, J IM MWS No. of acres / V. Ci_Will this be the only well on this tract? yrs (8) PROPOSED CASING PROGRAM Plain Casing Y in from' ft to o0 ft (4/h/in from /v0 ft to /a/o0 ft Perforated casing /60 / f v in from ! 60 ft to -. (V yft in from ft to ct (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND/ No. of acres: WATER WILL BE USED: (� n Owner(s):'. P by I- Dc�rciA y M • V /A i cJ( //• 91 /� / Legaldescription• SIe �/-�r/ 4 ,....--A AILT1' A (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used._/ /� Q/lf .tin 4 j4iii / v tp(i.C�l/!jG a'l J /1 df//LS/tff lJJ- S ., A (ldS4 f s yyi"i 4411 A Q Se9/rc ,, /'i c rii) (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGN E OF APPL/CANTISI Use additional sheets of nanar if mnro cennnn Ali a y, • • (4) 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 September 7, 1995 F PETER SIMMONS RED CANYON RANCH GLENWOOD SPRINGS, CO 81601 RE: Application Receipt Nos. 388507-A, -B, -C Dear Mr. Simmons: Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer Please return these applications once the proposed parcels have been created by Garfield County. Please provide a copy of the SIGNED AND DATED County Commissioners Resolution (or County Commissioners Minutes) concerning the created parcels, or provide a copy of the County approved survey plat with legible dates and signatures showing the original tract and all created parcels. The documentation submitted should specifically identify the three new parcels. Make sure the information submitted includes a metes and bounds legal description, or a surveyor's plat of the three parcels. The legal description or plat must contain a tie to a section corner or quarter corner so the parcel can be located on a USGS quadrangle map (scale of 1" = 2000'). Thank you for your cooperation. If you have any questions, please contact this office and reference this letter and the above receipt numbers. Sincerely, jfig Jeff Deatherage Engineer /jd Enclosure(s) 001ShiTT4Lf E Qi I in ib.. year of our Lord one titOuund nine hundred and fifty -mine • between . kOSti E. LOLAND • • . 4 , • • ••••• • .•;• •••• • ; • • c. .; . • .7,, • •• • . . : ; - • : . ; • ' , . '.• • ".* , '‘• . . . •+,*. 1.•• • , • •• . • ,•• ,e . '1: .4 •) tP 4' • • I • .;%.k4• •b"" .1% • ,It, ,Ld • Po TV... A .43b4:41, %•'$ Wa}? k NifIt • • •• to' ift 11:re :41,• 4 - 't • '• rilk, a lir...) ;-tr • • 4:4 e •• ••I• • .1 a 1 ••, AsP/ V91 • IW 1 A H dpi 101 �L is • FE 1 E "GOOD FOOD FAST" P.O. Box 6450 • Norcross, Georgia 30091-6450 (404) 729-5700 January 4, 1996 Board of County CorILn1issiuners Garfield County Glenwood Springs, CO 81601 Re: Petition for Subdivision Exemption F. Peter Simmons Gentlemen: WHI, Inc. has just received notice of the Petition for Exemption filed by F. Peter Simmons concerning the 38.5 acre tract he owns in Garfield County. WHI, Inc_. strongly objects to the Exemption as requested by Mr. Simmons for the same reasons that we objected to his similar petition in July of 1995. 1. To grant such an exemption would set a very dangerous precedent for this area. It is apparent that Mr. Simmons will be transferring the parcels for residential use and quite possibly, further subdivision into smaller residential plots. Such an exemption and a transfer could start a domino effect which would endanger the entire valley. Once the county has set a precedent for granting subdivision exemptions, how could you legally deny any other property owner an exemption to subdivide their parcels into such arrangements? 2. A determination needs to be made as to whether or not there are adequate water rights to supply new residences in the area. The existing water supply for the entire parcel may be adequate for one family's use; however, it quite possibly/is not EXECUTIVE OFFICES • 5986 FINANCIAL DRIVE • NORCROSS, GEORGIA 30071 • • Page Two January 4, 1996 adequate for the use of multi families considering stock, household use and fire safety. 3. Subdividing the area will have an adverse effect on wildlife in the area. The problems which already exist due to the other developments in the area will only be aggravated by subdividing this parcel as requested. 4. An evaluation needs to be made concerning the water available for fire protection. Although Mr. Simmons previously stated he intended to construct a large underground water storage tank, it is doubtful it would be adequate for multiple residential use, especially in the event of a fire which endangers all parcels at the same time. Please recall the catastrophe that took place in Glenwood Springs pertaining to brush fires. We certainly would not want that type of situation to develop in this area, but unless there is adequate water for fire protection, we could have the same situation. Additionally, dividing the parcel into multiple residential sites increases the chances of fires in the area. WHI, Inc. asks that the above comments be taken into consideration when voting on this exemption. If you have any questions, please contact me. Sincerely, -) J. Michael Upton Vice President/Secretary General Counsel JMU:dmm 1 GARFIELD COUNTY Building and Planning February 6, 1996 Mr. Pete Simmons Red Canyon Ranch Glenwood Springs, CO 81601 Dear Pete, As you know, the Board of County Commissioners again continued your public meeting, for an exemption from the definition of subdivision, pursuant to complying with the following items: 1) Clarification of ditch, access and rights-of-way easements; 2) The re-establishment of the existing well or the drilling of a new well and a 24 hour pump test, with supporting information, submitted to the Planning Department for review; 3) Further clarification of the vacation of the old County Road 137 right-of-way; 4) Access across Canyon Creek to parcel #1 (a.k.a. Parcel A) be shown on a plat; 5) Determination of abandonment of the Wolverton Ditch. Please submit the above requested information to the Planning Department as early as possible so we may review it and present it to the Board prior to your continued public meeting date, scheduled for April 15, 1996, at 2:00 p.m. If you have any further questions or comments, please do not hesitate to call. Sincerely, LZ )C- Eric D. McCafferty Garfield County Planner 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 WnTER RES. •:303-866-3589 Sep 41,94 7:11 No.003 P.02 STATE OF COLORADO OFFICE OF THE STATE ENGINEER Division of Water Resources Qepartment of Natural Resources 1313 Sherman Street. Room 818 Denver, Colorado 80203 Phone (303) 866-3581 FM (303) 06C6-3589 MEMORANDUM Date: a a.1 T% Roy Romer Cawrnw lames S. todihead Exeai6s4 DireUW N� D. Simpson Sate Engineer TO: Board of Examiners of Water Well Construction and Pump Installation Contractors FROM: F. P f.r Simi cn.S r Wel[ Ow Mr SUBJECT: Alleged Rules Violation, Well Permit No. L77 7qO eCL,(_IN1 JRlt.-i.fn1g) ce 4,39 Well Contractor Name L1 MI L.)n iLLILC) ,/j( Uc. # ! .j 9 A review of the records for the subject well Indicates that the Water Well Construction and Pump Installation Rules may have been violated by the Indicated licensed contractor. Following is a summary of the apparent violation(s). The outermost surface casing was not properly cement grouted. The confining layer was not properly grouted. Steel Surface Casing was not installed from -(-1 to 19 feet below and surface. Improper grout placement method, or insufficient annulus. The well was constructedlf1or the pump installed without a valid well permit. Other specify) Sc?e 9Tracnett It2T4h- Ayt�( - PoVq b 1 COMMENTS: We I 1 cot,lni/ n nt_c%cr k y frehi e ;Ise ski-Prw -/s , 4 L' 11tS Slot ndi'le) owell C Sfvvciio:, 414,S T t2 Q,;f A4 -1 -et , o't S ipfhPt gs:rJ �4 & 11f--1 Pic) V..dt f ks{ X A copy of the well construction and/or pump installation report is attached. (Minimum) X A copy of the well permit file is attached. .3k0J4 Q S.).s pIrt i heavin7 cc: Well Permit Fife Licensed Contractor eoE r ECM{ Form No. GWS -25 APPLICANT 7l . OFFICE COME STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 WELL PERMIT NUMBER _ DIV. 5 CNTY. 23 WD 39 DES. BASIN Lot: Block: Filing: Subdiv: F PETER & DOROTHY M SIMMONS RED CANYON RANCH RED CANYON RD GLENWOOD SPGS CO 81601 ( 303)945-0900 PERMfT TO CONSTRUCT A WELL LIC MD APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 24 Twp 5 S RANGE 90 W 6th P.M. DISTANCES FROM SECTION LINES 2260 Ft. from South Section Line 3510 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT 1) This well shall be used in such a way as to cause no material injury to existing water rights. 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. g The issuance of the 2) The construction of this well shall be in compliance with the Water Well Construction and Pump 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Wel! Construction and Pump Installation Contractors In accordance with Rule 17. Installation Rules 3) Approved 3)()( pursuant to CRS 37-92-602 3 b II that portion rf the SW 1/4 of Sec. 24,(Twp. 5 )(A) as the only well on a tract of land of 38.529 acres described as particularly described on the attached exhibit Aouth, Rng. 90 West of the 6th P.M., Garfield County, being more 4) The Ire of ground water from this well is limited to ordinary ho„sehold purposes a dwellings, fire protection, the watering of poultry, domestic animals, and livestock rnsiafarm or ranch, and the (3) irrigation of not over one (1) acre of home gardens and lawns. ) single f.rril� on a farm 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be constructed not more than 200 feet from the location specified on thiser p mit. CONDITIONS OF APPROVAL APPROVED JD2 Stele Engineer Receipt No. 036753 DATE ISSUED MAY 0 6 1994 0lv`C10 1A COVI f By EXPIRATION DATE MAY 0 6 L9,95 Red Canyon Ranch Glenwood Springs, CO 81001 February 22, 1996 Mr. Steve Lautenschlager Assistant State Engineer Office of the State Engineer Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 81.8 Denver, CO 80203 REF: Well Permit No. 177790 Dear Mr. Lautenschlager, I have been severely damaged by the unscrupulous actions of your Colorado licensed well driller, Collins Drilling, License No. 634. The facts, not allegations, are all documented in this report as follows: (1) Collins signed a Well Construction and Test Report stating that he drilled a completed well to 187 feet, on #177790, on January 5, 1995 (should be 1996). This report further states that 6 inch OD PVC casing was installed from 20 feet to 187 feet. This report was signed by Bill Collins on January 8, 1995 (should be 1996) and attached as EXHIBIT A. (2) Collins signed a Supplemental Test Report on January 8, 1995 (should be 1996) that states that on 1/5/96 a pump test was made with a 1 Horsepower pump set to a depth of 175 feet with an average pumping rate of 28 gpm. This report is attached as EXHIBIT B. (3) Due to the known lack of integrity of the Collins Drilling Co by a number of people in this area, I was advised to obtain an independent pump test. This test was conducted on January 16, 1996. only 11 days after the Collins test, and shows that the well is only 123 feet deep (not 187 feet as per the Collins report), the casing is 4 inch PVC (not 6 inches per the Collins report), and that the yield is greater than 21 gpm. This report was done by Samuelson Pump Company and is attached as EXHIBIT C. (4) This data (EXHIBITS A,B, and C) was previously submitted to Rich Bell by FAX on January 22, 1996 and attached as EXHIBIT D. • • -2- (5) On January 22, 1996 I personally gave Mr. Bill Collins, in a meeting at our home. the letter attached as EXHIBIT E. At that time Mr. Collins convinced both my wife and me that rather then refund our money, he and his crew would go back to the site the next day, redrill the well, replace the casing with 5 inch ID PVC to a depth of 187 feet and run a 24 hour pump test at his expense to be performed by J & N Pump Co., and have all of this work completed by the date of our public hearing on our proposed exemption scheduled on February 5, 1996. In spite of warnings from others concerning the integrity of Collins, we believed his sincerity in "wanting to make this all right" for us. He could offer no explanation for the disparity in the reports. So we allowed him to proceed to redrill the well. (6) Between 1/23/96 and 1/29/96 he reported on a daily basis, that the old casing had been removed, the well was drilled to 200 feet, Bentonite gel had been placed in the well to "hold the gravel in place" when the drill was removed so the casing could be put in to at least a depth of 187 feet. Then on 1/30/96 Mr. Collins reported that they could only get the new 5 inch ID PVC casing down to 140 feet! He did not know why, but said probably a rock was in the way", but that this was still OK for a good well because they had hit water at 90 some feet so there would be 50 feet of standing water in the well. I gave Collins permission to only case the new well to 140 feet on 1/30/96. Then on Wednesday, 1/31/96, Mr. Collins advised me that the "gel" was plugging the perforated pipe holes, and they could get no production from the well. However he assured me that this still was no problem, they would put some chlorine in the well, to dissolve the "gel", this would take overnight, and they would get the pump test done on Friday, 2/1/96. On 2/1/96 J & N Pump contacted me to say they had received no clearance from Collins to run the pump test, and that Collins was out of town and could not be reached. On Monday, 2/5/96/ I told the Garfield County Commissioners that I no longer could rely on the Samuelson pump test, because of the above problems, and my application hearing was reset for April 15, 1996, the first available open date on the County agenda. This will cause me to lose February, March, and half of April in marketing time ---the height of the Spring sales season because of Collins unprofessional actions. On 2/5/96 I was advised by Commissioner Arbaney that I certainly had water at the well site and all I had to do was "develop" the well to get the water to produce again. On 2/7/96 I received a call that advised me that Collins was on the well site plugging my well! I immediately informed Dwight Whitehead, Water Commissioner, Division Five, of this development. We met at the site around 10:00 AM that day, only to be too late. Collins had already been there and gone. You already have Mr. Whitehead's report, dated February 15, 1996, that states all of the Collins violations of law. (7) On February 8, 1996, I received the attached EXHIBIT F which states, over F.E. Collins signature, that my well was plugged and sealed on February 6, 1996, because "the well was not in use"! This Well Abandonment Report further states that all casing • • -3- was removed (contrary to the Whitehead report) and that 6 bags of cement was used to plug the hole (contrary to the Whitehead report). This plugging of my well without my permission is a criminal act on Collins part. (8) With the Abandonment Report I received a new bill and a "refund" check for $1200, which I will not cash. This bill states that the well was dry to a depth of 140 feet. in direct opposition to earlier statements signed by Collins! Previous Collins statement certify that the well was producing water at the rate of 28+ gpm at a depth of 187 feet. This bill and Abandonment Report was FAXED to Rich Bell on February 8, 1996 and attached as EXHIBIT H. (9) The original bill, dated 1/8/96, states the well is 187 feet deep, 6 inch ID casing and produces 30 gpm, and is attached as EXHIBIT I. This documentation should be more than enough for you to suspend the Collins license, pending a hearing of your Board. At this hearing I assume the Collins license will be permanently revoked. But in the meantime prospective well permit holders, like me, need to be protected from the illegal actions of the Collins Drilling Co. It is the responsibility of the Colorado Office of State Engineer to protect us from the illegal actions of Collins. A brief survey, on your part, of other pump companies in this area will confirm that our case is not a singularity. Collins had perpetrated this scam on a number of other well permit holders. You need to shut him down, now, before this happens again. Our Garfield District Attorney is proceeding with criminal prosecution of Collins, and I will be proceeding with a civil proceeding to get a full refund, and damages. I assume that the bond that Collins posted will be enough for me to regain my monies. Sincerely, F. Peter Simmons, D.Sc. cc: Collins Drilling Company/Collins Drilling Inc. Dwight Whitehead, Water Commissioner, Division Five Milton Blakey, Garfield County District Attorney Don DeFord, Garfield County Attorney Mark Bean, Garfield County Planning Department Director ' FORM NO. GWS -31 01/93 WELL CONSTR(,�7ON AND TEST REPORT STATE OF COLORADO, 0�I _CE OF THE STATE ENGINEER WELL PERMIT NUMBER /7 '7 7 1r O 2. OWNER NAMES) F P 1-c5' Mailing Address ec\ t,,,, , k,„�{h ��. (1, a` •• City, St. Zip C\ uie>zi - v r- 4 .,_q s C` ,_ �' � ci c Phone b i (���)5�1s -oqc For Office Use only 3. WELL LOCATION AS DRILLED: - __1/4 5w 1/4, Sec. ,;)q TW . DISTANCES FROM SEC. UNES: p '�'Q ,Rang() 06.O ft. from SG;A4tel Sec. line. andS I v ft. from G., s Sec. line. OR Morin or souU1) SUBDIVISION: MIST Or WeS11 STREET ADDRESS AT WELL LOCATION: LOT BLOCK FIUNG(UNIT) 4. GROUND SURFACE ELEVATION ft. DRIWNG METHOD DATE COMPLETED 1 S . TOTAL DEPTH �I d,�ft. DEPTH COMPLI= I ED_� 5. GEOLOGIC LOG: 6. HOLE DIAM. (in.) From (ft) To (ft) tr Depth + Description of Material (Type, Size, Color, Water Location) GrCaj1i` 1ck, -sc.; i �'C1, l t ao- Icio mc.. ‘iCi0 - nr' 7. PLAIN CASING OD (in) IGnd - 51- t.' Wall Size cI•, +_IJra From(ft) To(ft) PERF. CASING: Screen Slot Size: //,- ;e Sci,,r(o /Si7 8. FILTER PACK: Material Size Interval REMARKS: DISINFECTION: T WELL TEST DATA: TESTING METHOD Static Level Pumping level Remarks e ('Leo 9. PACKER PLACEMENT: Type Depth 10. GROUTING RECORD: Material Amount Density interval Placement (� Amt. Used ' . �, G L� J Check box if Test Data is submitted on Form No. Supplemental Well GWS 39 STest. ft. Date/Time measured ft. Date/Time measured , Production Rate Test length (hrs.) gpm. 3. I have read the statements made herein and know the contents thereof, and that they are true to my knowledge. [Pursuant to Section 24-4-104 (13)(a C.R.S., the making of false statements herein constitutes perjury in the second degree and is punishable as a class 1 misdemeanor.] CONTRACTOR )� Mallin. Address, Phone (LO�' Uc. No6 Namealtle (Please type or print) Signature >!r (l ((IN, 5 SL Date //r �s� Y.4\11 -r L3 FORM No. GWS -39 11/90 SUPPLEMENTAL TE.EPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER For 0-74 only 1. WELL PERMIT NUMBER / 7 7 7 % 0 2. OWNER Mailing City, Phone NAME(S) f f <s; f,\� :, Address lee. C� St. Zip (, e,-) u )rh-7s---) Sr.- ,,1.) s(Z. (7 7v) `j'y S- - (..D `) v �) 3. WELL LOCATION AS DRILLED: 11 Ll) 1/4 SIA) 1/4, Sec, Y Twp. <" •, Range 90 GJ . DISTANCES FROM SEC. LINES: ..),•2z - ft. from 5o;, -/ Sec. line. and3Sio ft. from (-r; 0; Sec. line. FILING(UNIT)____ _ . SUBDIVISION: STREET (north or south) (east or west) LOT BLOCK ADDRESS AT WELL LOCATION: (e; ,,, e,) /..-, (---;--,-,...k ii?.---) 4. STATIC WATER LEVEL: 9,.? ' ft., Date % / .5 -/ > i , Time / ; 0 c , , _ , Measurement Method: Ji 5 < r., 4-3 F_ , Length of airline (if used) ft. 5. PUMP: Type $',".,re.,- s , j, , Horsepower / , Setting / ' s feet. Power Source - L 0 G „ ,., c.. t , Discharge pipe / in., Discharge Pressure �,;.Z psi. 6. FLOW , Type , 'n / , ',.. ME t ER: Manufacturer kc,„ f- Diameter / ” inches, Average pumping rate ��,) ? gpm., Volume pumped during test /7, :D 7. TEST Time /;o DATA: Date of Test ,/ / iG ----- Recovery Data •---- Time Water Level (feet) Pumping Level Drawdown Pumping rate Pumping Pressure (feet) (feet) (gpm) (psi) - / • i 0 94/.0 g. Ti'ir • ,2cr, =Z 3'd' S- a"�, cjr,, L. �v 9/,,:; ___ )O 9V, c' 3(1) )./ // %-i ' Il" 6?0 9Y. Z ,t ci 9z, 7 6 ' 7 , . c)0 9f. 1/ 6"r/I.. 0 629, c;z 7 , ., / c`' 0 9%, s/ 7 • v -Yr-) 7c/, --/%--7 • '7';'-5 8. DISINFECTION: Type (3%/Gr;',., . Amt. Used c / 9. Water Quality analysis available. ❑ Yes ❑ No 10. Remarks • 11. I have [Pursuant degree CONTRACTOR Mailing Address read the statements made herein and know the contents thereof, and that they are true to my knowledge. to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second and is punishable as a class 1 misdemeanor.] 6,11, .-7 S U-, // .-c Phone ( %d) f�S`--S/.> 2 Lic. N6= 5 y . P, r-, , ,� .s--/ � ("-'-2,_ A",-�,,/i e ./l2 s Name/Title (Please type or print) /171://,.,;-7 5 3 �'-- < Signature � Date /��5� • E XH-1130- C SMUELSON PUMP CO. INC. P.O. BOX 297 GLENWOOD SPRINGS COLORADO 81602 Pete Simmons Red Canyon Ranch Red Canyon Rd. Glenwood Springs, Co. 81601 Attn; Pete WATER SYSTEMS SALES, SERVICE & INSTALLATION 945-6309 January 18, 1996 On January 16, 1996 a well test was conducted on a well on the Simmons property on Canyon Creek Rd. The following information was obtained; Well Depth 123'-0" Casing size (top) 6 1/2"(steel) Casing size (bottom) 4"(PVC) Standing water level 107'-2 1/2" Total test time 4 hrs. Max drawdown @ 21 gpm 109'-2 1/2" Production is greater than ---21 gpm This test was conducted with a 1 Hp. Goulds submersible Model 13GS. The water level stablelized at 109'-2 1/2" at 21 gpm. This would indicate a total production greater than 21 gpm. If you have questions please call me Raun Samuelson at 945-6309. Sincerely; Raun Samuelson w,yhF • t-7 `i<1 = 7Y/ �r X1 -118t7- D FAX Red Canyon Ranch Glenwood Springs.co 81601 October to May (970) 945-0900 Pete & Dottie Simmons Ledgerock Lodge Tupper Lake. NY 12986 (518) 359-2220 i --o - Rkc fl FAX.. t-3c3-n4-3S�`% Pre J irnmcnS ad -C. 2 2 , l”6 6 ectccr (0-/tv Sf�kti I — 1ill From CufitnS c.sifi>rFi Z 3 i'64 Coffins �vrl�ln4 �z�cr�s S H -E LIS . SGMce13Qn f(IM dr -1- "1"-k< sf'44-f4M-3 by (11{\lrn ± 11'12- S rE -+-cr s� r T V reprrl J.. ` Pt/ o 7-1 cn S kike!, -II3 ye,/ cal ( -4' (Ly e (Ai.a 111410— l) - PM t o = - � q�� a9°°' Ortgli GP IN i=x1-11a►r E-1 • ezVc Red Canyon Ranch Millwood Springs, CO 81601 January 22, 1996 Collins Drilling Company License #634 Box 0516 Carbondale, CO. 81623 Dear Bill, We have a serious problem! The well you drilled for me on my well permit number 177790,and completed on January 5, 1996, is not drilled per your report to the State of Colorado, Office of the State Engineer. Further the well you billed me for on January 8,1996, for a cost of $4860.00, is not the well we paid for! You state the well is 187 feet deep with 6 inch I.D. PVC casing from 20 feet to 187 feet. According to an independent well test report, conducted by Samuelson Pump Co. on January 16,1996, only 11 days after your report, the well is only 123 feet deep with only a 4 inch I.D. PVC casing to 123 feet! On your pump test report you state that you put a 1 horsepower pump to a setting of 175 feet. This is impossible with only a 123 foot well!. You further have a detailed test data report which is completely false! This misrepresentation, on your part, has made it necessary for me to advise the Garfield County Commissioners that the well you put in can not be used as a domestic well shared by 3 single family households. I can either have a new well drilled, at the same location to a depth of 187 feet, with a 6 inch I.D. PVC casing installed to the full depth, as you stated you did, to make the well satisfactory for a shared well among 3 single family households, or I can vacate this well, permanently plug it, and require that single family household use wells be drilled on each of the three parcels. Consequently I am demanding that you refund to me the $4860.00 I paid you for this well which you did not drill, or case, to the depth I paid for. Your actions have caused me financial damages to an extent as yet unknown. In exchange for your refund to me, received in cash today, I am willing to sign the attached Release which relieves you from any further financial damages in this matter to me. You may use this Release to show your bonding company that you have no further financial liability to us. Failing to refund our money today will give us no other alternative but to seek remedies in the Court, together with the associated liz pendens and liens against your business and equipment. �.i -2-. I BIT E -2 - We -i We are sorry that your actions have made it necessary for us to take these steps, but we have no other choice. Sincere! , F. Peter Simmons encl. (1) Collins bill dated 1/8/96 (2) Collins report to State of Colorado (3) Samuelson report dated 1/18/96 • FORM NO. GWS -9 12/95 STATE OF CAORADO OFFICE OF 1W.. STATE ENGINEER 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 For Office Use only 1= �/ �'�{ .t L /� / TYPE OR PRINT IN BLACK INK WELL ABANDONMENT REPORT (To Report Plugging and Sealing Wells) PERMIT NUMBER OF PLUGGED WELL 1 . INDIVIDUAL/COMPANY RESPONSIB FOR PLUGGING,�I eCLLNAME(S) in.,) eiLk I/V . Mailing Address City, St. Zip (/ ' �() . - `I Phone (` JZ-)) 21L) e&)• / 7 2. ACTUAL WELL LOCATION: COUNTY 4.-1� PROPERTY ADDRESS J2 Pd 1- LENE11111nr D '6 (Addr- s) (City) (State) (Zip) /OE 1 /40-2.01 /4, Sec. Twp.____ Ft N.,bl�( S Range 9 I I(E. RW. P.K , Distances from Section Lines ' Ft. from [1 N. iRj S. Lin Ft. from I E 17 W. Lin or 3. I (we), report that an existing well was plugged and sealed for the following reason(s): The lu was well plugged and sealed as required under the conditions of approval of Well Permit No. /7779C) , NThe well was not in use and was plugged and sealed. Other (please explain) 4. The well was plugged and sealed according to the Water Well Construction Rules on '0 _ - 6 , 19 . 5. The well was plugged with the following materials placed at the indicated intervals: AMOUNTANDTYPE OF MATERIAL METHOD OF PLACEMENT INTERVAL ( /8/. (�' (� l ��L�//7.1:-/_�� -� fromM) 1 �t�% /lel feet to /���) feet 7 /-/ ^ /-5-- ,2--(2/V/ t A 1 from 6 d feet to./e)0 n > feet Deg/ e.0 / /4-)65 (: 4a/ i ' from �/ feet to �� feet /1/47/G/c�//-ef , , _� • At / from Q feet to feet / INTERVALS OF CASING REMOVED/RIPPED IN FEET from feet to feet /q// ieirZi a U� U from feet to /Vvfeet 6. I (we) have read the statements made herein and know the contents thereof, and that they are true to my (our) knowledge. (Pursuant to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perju in the second degree and is punishable as a class 1 misdemeanor.] Name/Title (Please type or print) i'..6 tog-, Ec-,,,. Signatur r9- (0C,— ,(44_,• - Date 2-4 (y --INFORMATION-- It is the responsibility of the well owner to have the well properly plugged and sealed. The Well Construction Contractor is responsible for notifying the well owner of the plugging and sealing requirement. This form may be reproduced by photocopy or word processing means. Fn P-44 5,Ys.\+311 '' i ollins Drifting Co. ONDED LICENSED #634 INSURED BOX 13516 CARBONDALE, CO 81623 PHONE 963-2812 945-4079 i, CLIIIlI h 4014 14q C/9//Z i- L)op» / /' t5i, ;lii1, A )S PERMIT NO. iSMS LOCATION 1 ('.4 c:vi 1 . 1003 DATE 4 94, /777q0 o•v eiL Size Depth Casing LD. Size O.D. Feet peri. Size per{, Water Levet Estimated Capacity - Per FL Price J /1°0 0 AO f ��, i /O" 1 4/7)40196 A6 D /0V r OtnO° Due and payable upon completion. A 1-1/2% handling charge per month will be added 15 days from first billing. 3, 4A 66 TOTAL • al/01151-r N k FAX Red Canyon Ranch Glenwood Springs,CO 81601 October to May (970) 945-0900 Pete & Dottie Simmons Ledgerock Lodge Tupper Lake, NY 12986 (518) 359-2220 May to October A X 17c' - ci - �c 9,3. 1 jV\t: MCI (0) 4 F4-' 1- '3 e' 3 E - 1.2-11 c�Yi�H YPfdlll by 7-103 Su Io< /n ci`q cold tt,1-- ovu, tj.k t\ d u I is) )14 �U-4 Y , 4tJA (0///9 S Qi i I ti giS %U n F—e 1� �5 I f , JJ Q tits a 41 n��.c Inc rT ✓ S �,{ � /J 41A 4A C� (�I� S S 11 wl�(��� ;1iui, CIC! "�'.% � , pi(\- -/-r)AI'd .g tS I re-ck.J IV GiI �H k, n� Amo itii�l�c1171SQQe- Q� y.�, ���'llt5 1 ' �S UP l�s�,� � � iter �4kr-t �"'� � ' � I t � ' (se , 'f `c 1x K 1�ULia 1s L cisS�n�j 411 rr►k�.� i t, v r.Ac. Ci; tv. �' 4 'J o[lins Drifting Co. ONDED LICENSED #634 INSURED BOX 0516 CARBONDALE, CO 81623 PHONE 963-2812 945-4079 Size Depth I Casing I.D. e/ C Size Feet O.D. Perf. EXt )U,—r I 1 001 DATE / / F/9 PERMIT NO. /77770 LOCATION � • l,-/ Size Perf. Water Level i.2 Estimated Capacity Per Ft. Price ) -)•» 1; L7_ A 4, �7 w t-, payableDue and A 1-1/2% handling c arge permnth willl beaded 15 days from m first billing. Z.,\ p=' TOTAL 7 • 'OFFICE OF THE STATE ENGINEER Division of water Resources Department of Natural Resources 1313 Sherman She, Room 818 Denver, Colorado 80203 Phone (303) 866.3581 FAX (303) 06(3589 MEMORANDUM 1iii i `,. 1 "o • . FEB2 3 1 6 STATE OF CCS, Date: 2/15/96 Roy Romer Gnome, lanes S. t«f,he,d Ezeareve Dwemr Ha D. Simpson Site Engineer TO: Board of Examiners of Water Well Construction and Pump Installation Contractors FROM: Dwight M. Whitehead Water Commissioner (Wells) SUBJECT: Alleged Rules Violation, Well Permit No. 177790 COLLINS DRILLING CO. Well Contractor Name & COLLINS DRILLING INC . 634 Lic.# & 1259 A review of the records for the subject well lndlcates that the Water Well Construction and Pump Installation Rules may have been violated by the indicated Ilcensed contractor. Following is a summary of the apparent violation(s). XXX The outermost surface casing was not properly cement grouted. The confining layer was not properly grouted. Steel Surface Casing was not installed from i-1 to 19 feet below and surface. Improper grout placement method, or insufficient annulus. The well was constructed or the pump installed without a valid well permit. Other(specify) See attached letter (memo) dated 2/15/96. COMMENTS: Alleged Rule Violation Rule Nos.: 6.6, 6.8, 10.1, 10.2, 10.4, 16.1.1, 16.1.3, and 16.4 XXX A copy of the well construction and/or pump Installation report is attached. (Minimum) XXX A copy of the well permit file is attached. cc: Well Permit File Licensed Contractor Certified No. P951 963 18 9 • STATE OF !OLOJADO DIVISION OF WATER RESOURCES WATER DIVISION FIVE Office of the State Engineer Department of Natural Resources 50633 U.S. Hwy 6 & 24 P.O. Box 396 Glenwood Springs, CO 81602 Phone (303) 945-5665 FAX (303) 945-8741 MEMORANDUM February 15, 1996 Roy Romer Governor James 5. Lochhead Executive Director Hal D. Simpson State Engineer TO: STEVE LAUTENSCHLAGER, ASSISTANT STATE ENGINEER OrlynJ.Bell Division Engineer FROM: DWIGHT M. WHITEHEAD, WATER COMMISSIONER (WELLS) SUBJECT: ALLEGED RULES VIOLATION BY COLLINS DRILLING CO. AND COLLINS DRILLING INC., LICENSE NOS. 634 AND 1259, WORK DONE UNDER PERMIT NO. 177790 On January 23, 1996 and February 7, 1996 I conducted field inspections on property owned by Pete Simmons, State Parcel ID 23-2123-243-00-114, and noted the following ALLEGED RULE VIOLATIONS: (1) Surface water used during construction for, development and stimulation was not from an approved public supply although a public supply was available. Additionally surface water used not disinfected and did not meet minimum concentration standards. Surface water used, was from the Williams Canal (WD 39, ID 825), without the knowledge or approval from the canal company. Therefore violation of Rule Nos. 6.8, 10.1, and 10.4. (2) Drilling fluids were discharged directly into public waters/public water supply. Fluid disposal and drill tailings flowed directly into the Williams Canal (WD 39, ID 825). The Williams Canal was diverting water from Canyon Creek for Domestic and Stockwater uses. Therefore violation of Rule Nos. 6.6, 10.1, 10.2 and 10.4. (3) Conflicting information on well completion report regarding total well depth and casing size. This was noted by a licensed pump installer while conducting a well yield test. The conflict noted, 187 feet reported vs. 123 feet observed, and 6 inch casing reported vs. 4 inch casing observed during the well yield test. Additionally well completion date and signature dates appear to be in error and should be 1996 not 1995. tX }} t t3 17 A4 -Es ♦ C Therefore violation of Rule Nos. 16.1.1 and 16.4. (4) Conflicting information on an Abandonment Report noting all casing removed. Upon my investigation of the plugged well it was determined that steel casing exists below the surface. Probing the well revealed the neat cement plug had not fully set up (curried) and was removed by hand, thus exposing steel casing below the surface. Additionally, the annular spacing (approximately 2 inches) was open and did not have a proper grout seal to the surface. Furthermore, it should be noted that the well was demolished and plugged without the well owner's consent. 4181-r- F Therefore violation of Rule Nos. 10.1, 16.1.3, and 16.4. 1 Memo to Steve Lautenschlager Alleged Rule Violations Collins Drilling Co/Inc. Permit No. 177790 Please note the alleged violations identified in item numbers (1) and (2) above occurred not only once, but twice. These alleged violations occurred during the original well construction (completed 1/5/96) and when the well was reworked and casing size enlarged (completed 1/23/96). Additionally when the well was demolished and plugged the PVC casing appeared to be drilled out. Thus pieces of broken (fractured) PVC casing were noted in the Williams Canal, again drilling fluid (tailings) were discharged directly to a public water supply for a third time. At this time the well owner intends to personally bring these issues to the Board Of Examiners and pursue legal action through the district court. I hope this information is helpful in the review of alleged contractor violations by Collins Drilling Co. and Collins Drilling Inc., License Nos. 634 and 1259. Feel free to contact me if you have any questions regarding this matter. Enc. cc . Collins Drilling Co/Collins Drilling Inc. Pete Simmons Rich Bell Orlyn Bell Jim Lemon : dmw\violate. con\ 177790. col 2 COLORADO DIVISION OF WATT) RRESOURCES DEPARTMENT OF NATURAL RMURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303)866-3581 GENERAL PURPOSE Water Well Permit Application (Please note: other forms are available for spec uses including - residential, livestock, monitoringlobserv., gravel pits, registration of old wells) Review instructions prior to completing form - Must be completed in black ink or typed 1. APPLICANT INFORMATION 6. USE OF WELL (please attach detailed description) Mame of applicant . -, - ,, , • F Peter & Dorothy M Simmons '" iL,„. ,`' • INDUSTRIAL A OTHER: Domestic • COMMERCIAL MUNICIPAL 2 • IRRIGATION • FEED LOT — number of head : Mailing 'Mesa Red Canyon Ranch Red Canyon Road 7. WELL DATA City State rip Code Glenwood Springs, Co. 81601 Metknurn Amami 15 pumping rase gpm .mount 1.5 acre-feet Total depth 138 feet Aquifer Alluvium Telephone numb. (include area code) (970) 945-0900 8. LAND ON WHICH GROUND WATER WILL BE USED 2. TYPE OF APPLICATION (check applicable box(es)) A. LEGAL See (If used DESCRIPTION (may be provided as an attachment): Permit Number 1 77790 for crop irrigation, attach scaled map that shows irrigated area.) • Construct new well • Use existing well [R Replace existing well • Change or Increase Use • Change (source) Aquifer • Reapplication (expired permit) • Other: 3. REFER TO (if applicable): B. /acres 38.529 C. Owner F Peter Simmons Water court case: Permit: 177790 D. List any other wells or water rights used on thi. land: Emergency Verbal 1 -VE- Monitoring hole acknowledgment: MH- 27386 Well name or: 9. PROPOSED WELL DRILLER (optional) Name Shelton Drilling Corp. License numbs 1 095 4. LOCATION OF WELL County Garfield Quarter/quarter NE ,�4 Quarter SW t4 10. SIGNATURE of applicant(s) or authorized agent The making in the second demeanor the statements that they of false statements herein constitutes degree, which is punishable as a pursuant to C.R.S. 24-4-104(13)(a). herein, know the contents thereof, are true to my knowledge. perjury class 1 mis- I have read and state Section 24 Township N or S 5 ■ I2 Range E or W 90 • ►;' Principal Meridian 6th Distance of well from section lines 2 4 8 2 ft from ■ N ►' s 1 3 9 0 ft from • E fl w Well location .ddress, if different from applicant address Of appbcablel Must be oriyue! signature Title - Date For replacement wells only - distance end direction from old well to new well 1 00 feet South direction OPTIONAL INFORMATION 5. TRACT ON WHICH WELL WILL BE LOCATED uses map name DWR map no. Surface elev. A. LEGAL DESCRIPTION (may be provided as an attachment): See old application Office Use Only DIV CO B. STATE PARCEL ID# (optional): , WD C. i eats in tract 38.529 D. Owner F Peter Simmons r BA USES) MD E. Will this be the only well on this tract? 0 YES • NO (if other wells are on this tract, see instructions) Form GWS -45 (12/95) WELL CONSTRUCTION iaD TEST REPORT STATE OF COLORADO, OFFICElifr THE STATE ENGINEER FOR OFFICE USE ONLY • 1. WELL PERMIT NUMBER MH -27386 2. Owner Name(s) : Dr. Peter Simmons Mailing Address : Red Canyon Ranch City, SL Zip : Glenwood Springs, Co. 81601 Phone (970) 945-0900 APPROVAL 1 GWS31-91-03 r 3. WELL LOCATION AS DRILLED: NE 1/4 SW 1/4 Sec. 24 Twp. 5S Range 90W DISTANCES FROM SEC. LINES: - 2482 ft. from South Sec. line. and 1390 SUBDIVISION : LOT STREET ADDRESS AT WELL LOCATION : R from West Sec. line. OR BLOCK FILING(UNIT) 4 GROUND SURFACE ELEVATION ft. DATE COMPLETED 03/10/96 TOTAL DEPTH DRILLING METHOD Air Rotary 138 ft. DEPTH COMPLETED 138 ft. 5. GEOLOGIC LOG : 6. HOLE DIAM. (in) FROM (ft) TO (ft) Depth Type of Material (Size, Color, and Type) 9.0 0 50 000-105 Boulders, Rocks, Dirt 6.5 50 138 105-138 Rocks, Gravels 7. PLAIN CASING OD (in) Knd Wall Size From (ft) To (ft) 7.0 Steel 0.240 -1 49 5.5 Steel 0.188 38 109 PERF. CASING : Screen Slot Size : 5.5 Steel .188 109 138 WATER LOCATED : 105 - 138 REMARKS : 8. Fitter Material: Size : Interval Pack 9. Packer Placement Type : Depth : 10. GROUTING RECORD : Material Amount Density Interval Placement cement 3 sks 16 gal 10-30 poured 11. DISINFECTION : Type : HTH Amt. Used : 2 oz. 12. WELL TEST DATA : [ ] Check Box If Test Data is Submitted On Supplemental Form. TESTING METHOD : Air Compressor Static Level : 103 ft. Date/Time Measured : 03/10/96 Production Rate : 15 gpm. Pumping Level : Total ft. Date/Time Measured : 03/10/96 Test Length : 2 hrs. Remarks : e. (Pursuant to Section 24-4-104 (13)(a) CRS, the making of false statements mffi 1 3. read I have the statements mace herein Iu and ow the contents thereof, and that they are true to my tr$X 46dpnartes penury in the second degree and s punishable as s :::lase 1 misdemeanor.) CONTRACTOR : Shelton Drilling Corp. _ Phone : (970) 927-4182 Mailinn Address • P 0 Box 1059 _ Ba alt 00 8 6 Lic No 109 Name /fitle (Please Type or Print) Wayne Shelton / President Sig��: ) I rle '6, IP Date 03/14/96 Red Canyon Ranch Glenwood Springs, CO 61601 TO: Garfield County Board of County Commissioners FROM: F. Peter Simmons RE: Simmons Subdivision Exemption (Continued from Feb. 5, 1996) DATE: April 3, 1996 SUBJECT: Appointment of Representative At the continued public hearing on the referenced matter, scheduled for April 15, 1996, at 2;00 P.M., I am appointing Mr. Wayne Shelton, to represent me in all matters that may come before the Board on this matter. Mr. Shelton and I reviewed the current status of this Exemption Request with Mssrs Deford and McCafferty on April 4, 1996 and I am confident that all issues have been satisfactorily addressed and that Mr. Shelton will be able to further address any new concerns you may have. F. Peter Simmons N‘\'\ 1k3i• Cl cji B.O.C.C. Planning Department Garfield County Glenwood Springs, Colorado RECEIVED AUG 0 71995 smitcw RE: Simmons S.B 35 Exemption OUP001161100 W Dear County Commissioners and Mr Bean: Eric Williams 0981 245 Road New Castle. CO As a board member of Williams Canal which runs through Mr Simmons property, I appose any crossing of the Williams Canal. The reasons are as follows: 1. Maintenance of the ditch is much more costly because the property owners are never happy with the way you leave the right a way after one cleans the ditch. Simmons is presently not happy with the way we maintain the Canal. 2. Home owners tend to leave their debris on the right a way. A prime example is my Red Rocks ditch which runs through Elk Creek Subdivision. There is always debris from their property in my ditch. I cannot even clean the ditch with machinery because of fences and landscaped lawns on my right a way. 3. Our liability will be much greater. This canal was designed as a year around canal. A great deal of the canal is piped but not all of it. When more people are present the children tend to migrate to the water. Children tend to put trash and rocks in the ditch not knowing what damage it causes the canal company and adjacent property owners. I once had a person put a piece of plywood in front of my ditch pipe and it backed the ditch up and flooded the KOA Camp ground. I also had some kids build a dam in my ditch next to the Elk Creek Subdivision and it flooded some home owners out and I suffered the consequences. I can say that this is not the best place topographicaly for so many lots but it is not my property . When there is a potential for damage to people's property by this split then some serious consideration should be looked in protecting the affected people's rights and easements. There is no way to mitigate the potental damage except to limit the access to the Williams Canal right a way to only canal personal with no road crossings. Thank you for consideration in my views in this split. Sincer ric C. Williams S lUELSON PUMP CO. INC. P.O. BOX 297 WATER SYSTEMS GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION COLORADO 81602 945-6309 March 20, 1996 Peter Simmons Red Canyon Ranch Red Canyon Rd. Glenwood Springs, Co. 81601 Attn; Peter On March 18, 1996 a well test was conducted on a new well on the Simmons property of Canyon Creek Rd. The following information was obtained; Well Depth 138`-0" Casing size (top) 7"(steel) Total test time 4 hrs. Standing water level 101'-8" Max drawdown @ 38.5 gpm 103'-7" Production is greater than 38.5 gpm This test was conducted with a 1 1/2 Hp. Test pump Model 18E submersible. The drawdown would indicate a total production greater than 38.5 gpm. If you have any questions please call me Raun Samuelson at 945-6309. Sincerely; SJ Raun Samuelson ZO'd dZS:ZO 96 -OZ -AN WRJ-5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. CO ADO DIVISION OF WATER RESOU•S 818 Centennial Bldg., 1313 Sherman St., Denver, Color�lE�B 9 D PERMIT APPLICATION FORM ii 44 44 FOR: A PERMIT TO USE GROUND WATERtill 2 5 '95 F_C�� A PERMIT TO CONSTRUCT A WEL TER i;RCES;, n A PERMIT TO INSTALL A PUMP TATE ENGINEER. COLO ( ) REPLACEMENT FOR NO. ( 4OTHER )'(' Reffr tt /777fO WATER COURT CASE NO (1) APPLICANT - mailing address NAME f. p/nr f j/r? Qitr STREET QCk `d Pyv Qr)CA CI TY q/f U✓U& r" CD (State) TELEPHONE NO 9eir-6760 (2) LOCATION OF PROPOSED WELL et-RC,_i /4- County 4County �/9-4/7Et-d Twp. '/ of the SVJ 'h, Section 2 _5, Rng. 1D i[, l _rt P.M. IN,SI (E,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): >> I/3 Number of acres to be irrigated:O Proposed total depth (feet): Zan Aquifer ground water is to be obtained from: 114kI of .'? +ef�jt.'1'W/ 40 al C-r?L. Owner's well designation paK4i r'f" E✓C%, GROUND WATER TO BE USED FOR: 1. HOUSEHOLD USE ONLY - ) DOMESTIC (1) LIVESTOCK (2) 1 COMMERCIAL (4) no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER nn / Name 6/41 /fr.1Pc/ Street City Telephone No. (State) (Zip) Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No �'561 P11 Basin Dist. CONDITIONS OF APPROVAL 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 ri/ght from seeking relief in a civil c urt action. i/pv-1( -S-177796) ( ca dc,fie CHECKS TR#388507 072595 180.00 APPLICATION WorR4 EPRESJRCES PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY LD `� COUNTY 2 3 • • F(6 (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. 1 l_NORTHH I + + 1 MILE, 5.280 FEET -----)- -1- )- NORTH SECTION LINE 1 I 2 J 1 1 — + r 1 1 I I , 1- _- _ _ + I _.� —_ — -r 1 1 z O H U se N caca w W 3 SOUTH SECTION LINE + + -a- . + -I- + The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. 1 _4 • (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. ft from ft from +t-.1451-4 BLOCK SUBDIVISION Sr)v .sec. line (north or south) F -Ai (east or west) FILING sec line (7) TRACT ON WHICH WELL WILL BE LOCATED Owner•F''r/F✓ c //Th' AJ No. of acres �3•Q - Will this be the only well on this tract? y4,- (8) PROPOSED CASING PROGRAM Plain Casing in from +-1 ft. to a 0 ft id/ in from oO ft to /to ft Perforated/Ii�casing L./ //V in from /4o ft to -Z-60 ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43.560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: Nhit (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s).r. O. rY 11'y /M SffM�MAIj Legal description• $!1 A--//-4eA- No. of acres: % 3 - 9' (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. 6 Septic , /'&e1 c/141 (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNATURE OF APPLICANT(SI Use additional sheets of paper if more space is required. WRJ-5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COSADO DIVISION OF WATER RESOU•S 818 Centennial Bldg., 1313 Sherman St., Denver, Co r� tiv -FP PERMIT APPLICATION FORM IIII (OA PERMIT TO USE GROUND WAT R�" 2 5'95 (vVA PERMIT TO CONSTRUCT A W L,1, ,1ESOURCEs FOR: (r/) A PERMIT TO INSTALL A PUMP Silo EPI'IIiEER ( ► EPLACEMENTAO NO {�t.0 ( (OTHER A — l�ev WATER COURT CASE NO (1) APPLICANT - mailing address NAME i I Pt--pif S,trn,s STREET CITYL)/)/IWL)C, �OrfIlfj ('D (State) TELEPHONE NO o9o' fE/60 / (Zip) (2) LOCATION OF PROPOSED WELL D9ACEL 6 County 64r ‘144 Y of the Sv✓ 'h Section Twp 5- 5_, Rng. IN,S) (E,W) a'71 tO Zf P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 15* Average annual amount of ground water to be appropriated (acre-feet): '/3 Number of acres to be irrigated: -a & C Proposed total depth (feet): at° Aquifer ground water is to be obtained from: vn bldt, f►'l/r Ufa y �-r av6.44 Owner's well designation pa ►r{( GROUND WATER TO BE USED FOR: /HOUSEHOLD USE ONLY - DOMESTIC (1) LIVESTOCK (2) COMMERCIAL (4) no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name Cie tido //CMrnW ( f'!(/P✓ Street City (State) (Zip) Telephone No. Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No. 3�`' 01 4 Basin Dist. CONDITIONS OF APPROVAL 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. APPLICATION APPROVED CHECKS iR#',58;�7 PERMIT NUMBER j(1ttaTEA RES,'L�E' 072595 1E%00 DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY 3 I.D. 2 3 COUNTY Feb (5) THE LOCATION OF THE PRI ' OSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. !..4--1 MILE, 5280 FEET —fl I i- -i- + . - + + + + + TION LINE I 1 I fie: 1 . 1 1-''. — — + — —_ — + — - 1 1 I SOUTH SECTION LINE -}- -1- -}- + 4 + 1 1 1 4- — -a- — + — -}- — -}- — 4- — -}- — + — -�- m -4 -4 N m 0 -4O 2 r_ 2 -I- -I- --I- The The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE LL MUST BE LOCATED BELOW by distances from section lines. 4134/) ft. from 5'8 u7/1 (north or south) '?-75140 ft from F' 1 sec. line (east or west) AM/ L09 BLOCK FILING * Pi4vi 51!►•ffIdI3 sec. line SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner f • P Si /7)0114-5 No. of acres '7,674- 4- Will this be the only well on this tract? yll (8) PROPOSED CASING PROGRAM Plain Casing in from h/ (1 IA/in from 60 Perforated casing 1 y in from /6 o in from ft to ft to ft to 0 ft /(o C ft 7.00 ft ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS give distance and direction from old well and plans for plugging it: P/A (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): F• PAY + Pd fcfti y M • J pm/hoof No. of acres: 9.67A Legal description: J fir; /HA CA/ � x 4 (Ai- _fi (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. thle Ymf/ A/Ii► / t( (• /c (44g 6,41 Ao etA U3lJ . �!�f� l rysko1 t✓fJl Fir/i{ (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right gi� Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGNA OF APPLICANT(S) j11-4 Use additional sheets of paper if more space is required. WRJ-5-Rev. 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COORADO DIVISION OF WATER RESOU `-4 818 Centennial Bldg., 1313 Sherman St., Denver, CoR�,f PERMIT APPLICATION FORM // ,alt 2 5'95` ( PERMIT TO USE GROUND WATER ( /A PERMIT TO CONSTRUCT A WE RRcc }RCES FOR: (✓► A PERMIT TO INSTALL A PUMP '4.jATEENWIEER ( ) REPLACEMIENT�O,R NO. (i4 OTHER p{Hhe WATER COURT CASE NO 31-A4 20 21 (Tic, thG /cgs 80 (1) APPLICANT - mailing address NAME £ PR, f r Si flIP/%J STREET QQo\ ayyc.,1 t @ich CITY6lefic eec Spr// i C,GI q51 --)--OM ((State) TELEPHONE NO / y-) -d7�, eVa / (Zip) (2) LOCATION OF PROPOSED WELL p4-126% c; County C"1Z✓ (/P14 NW '/ of the Sl,�.l % Section Twp. Rng. tN,S) (E,W) 6 T P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) Average annual amount of ground water to be appropriated (acre-feet): IJP Number of acres to be irrigated: —eery) Proposed total depth (feet): acyo Aquifer ground water is to be obtained from: U/l k/to w rt T -r I, i-cv y - f -n Canf()i\ CY evh. Owner's well designation PafO t ( 4.P 1 1 GROUND WATER TO BE USED FOR: (I/) HOUSEHOLD USE ONLY - ( ) DOMESTIC (1) ( ) LIVESTOCK (2) ( ) COMMERCIAL (4) ( ) OTHER (9) no irrigation (0) ( ) INDUSTRIAL (5) ( ) IRRIGATION (6) ( ) MUNICIPAL (8) DETAIL THE USE ON BACK IN (11) (4) DRILLER C /Cf'/ISP4 (Vel -(10 Ji i/fv Name Street City (State) (Zip) Telephone No. Lic. No FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No 3385-o / Basin Dist. CONDITIONS OF APPROVAL 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. APPLICATION isisPbvED TR#38 zv1 02195 IV 7 WTtK RESO)RCES 1E0.00 PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY COUNTY '3 '3 I.D • • F 3 b (5) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. — — -+ — ± — -+- — + — —}- — -� — -�- !4(-1 MILE, 5280 FEET + + •+ + +- + + — .+ NORTH SECTION LINE I J I n .'� 1 r- 1 � 1-_1 1 1 NORTH+ D + + 0) + I O m -I- — �- to N H 1 + + ( 1 +- — + - UTH -F SOSECTION LINE -1- + -4- + 4 + + 1 1 J 1 — -i- _ -}- — -}- — -+- — -F- — +- — — ...� The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) THE WELL MUST BE LOCATED BELOW by distances from section lines. A 0 ft from .SoL)711 sec. line (north or south) ONO ft from i5&'7 • sec. line f ?J SUBDIVISION (east or west) BLOCK FILING # n4i1, Jinvic it ki&+W 41 (7) TRACT ON WHICH WELL WILL BE LOCATED Owner fr • P, --S lM M41-13 No. of acres / V. C%j Will this be the only well on this tract? y -t S (8) PROPOSED CASING PROGRAM Plain Casing in from 1-1 ft to oa ft y1/1/in from 40 ft to /4'0 ft Perforated casing y//y in from ��© ft to of ft in from ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: (10) LAND ON WHICH GROUND/ WATER WILL BE USED: /(� n Owner(s): P• et Dc'r0/-i1 y M • J / //IM %q /J1 No. of acres• I • 91r t7 Legal description• S- p� (11) QETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. m4/ Ftm ly ke f/,�z^- Q i 1 nc s,,/-siof vrts jai si4 f sy. r'',ry (,,(II b a se?I-tc /eL cI (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right N 14 - Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE BEST OF HIS KNOWLEDGE. SIGN ' •E OF APPLICANT(SI Use additional sheets of oaoer if more snare k ronnirp,i t • F (4) 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 September 7, 1995 F PETER SIMMONS RED CANYON RANCH GLENWOOD SPRINGS, CO 81601 RE: Application Receipt Nos. 388507-A, -B, -C Dear Mr. Simmons: Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer Please return these applications once the proposed parcels have been created by Garfield County. Please provide a copy of the SIGNED AND DATED County Commissioners Resolution (or County Commissioners Minutes) concerning the created parcels, or provide a copy of the County approved survey plat with legible dates and signatures showing the original tract and all created parcels. The documentation submitted should specifically identify the three new parcels. Make sure the information submitted includes a metes and bounds legal description, or a surveyor's plat of the three parcels. The legal description or plat must contain a tie to a section corner or quarter corner so the parcel can be located on a USGS quadrangle map (scale of 1" = 2000'). Thank you for your cooperation. If you have any questions, please contact this office and reference this letter and the above receipt numbers. Sincerely, 0ez Jeff Deatherage Engineer /jd Enclosure(s) 11-7-95 • DEPARTMENT OF EMERGENCY SERVICES Mr. Eric McCafferty GARCO Planning Dept. 109 8th Street Glenwood Springs, CO. 81601 Dear Eric, EMS • FIRE • RESCUE 1995 i 'sr fir:: :Lis COIJN Y This letter is in reference to the proposed subdivision exemption for Pete simmons up Canyon Creek. The new proposal shows 3 lots with only lots C and B proposing home sites. Lot A has been reserved for the family trust and will not be built upon. With the change to two lots, the requirements of our district are minimal. Although I feel that a water supply for firefighting should be installed, it will not be required at this time. Access should be reviewed to insure that fire equipment can reach the homesites, as weil as wiidiand fire mitigation. It should be known that if any proposal is submitted for building on lot A, the requirements of the fire district will be enforced at that time. If you have any questions, please give me a call. Sincerely, J Jones Asst. Chief, Glenwood Springs Emergency Services cc: Pete Simmons File 806 Cooper Avenue • Glenwood Springs, Colorado 81601 • (303) 945-2575 • FAX (303) 945-2597 IN REPLY REFER TO: • • United States Department of the I BUREAU OF LAND MANAGEMENT Glenwood Springs Resource Area 50629 Highway 6 and 24 P.O. Box 1009 Glenwood Springs, Colorado 81602 November 30, 1995 Mr. Mark Bean Garfield County Planning Department 109 8th Street - Suite 303 Glenwood Springs, Colorado 81601 Dear Mr. Bean: '.' (7 880) 0 4 1995 vada In response to your request for comments regarding the proposed Simmons Subdivision Exemption located 2 miles up Canyon Creek, 1 offer the following statements for your scheduled December 18, 1995, public meeting. The eastern and western edges of the 38.5 acre tract are adjacent to public lands administered by this office. Current uses on the BLM include wildlife habitat, livestock grazing, and dispersed recreation such as hunting. 1. Ownership of land adjacent to BLM-administered public land does not grant the adjacent landowner(s) any special rights or privileges for the use of the public lands. 2. The adjacent public lands are currently permitted for livestock grazing. The proponent should be aware of the location of property boundaries to ensure no encroachment occurs on public land. Should any fence construction be considered along the private/BLM boundary, the fence standards should allow for easy passage by big game. This office can provide additional information regarding fence standards upon request. 3. Adjacent public lands are open to hunting and other dispersed recreation activities. The proponents should be aware that hunting and other recreation uses are allowed on BLM-administered land. 4. Any roads, trails, paths, or utilities (water, electric, phone or otherwise) crossing BLM would require right-of-way (ROW) permits from this office. An environmental assessment report would be completed as a part of the ROW permitting process. Thank you for the opportunity to comment. If there are any questions, please contact Jim Byers of this office at 945-2341. Sincerely, ?iitcilaz, 0444, Michael S. Mottice Area Manager • 1 GARFIELD COUNTY Building and Planning January 11, 1996 Mr. Pete Simmons Red Canyon Ranch Glenwood Springs, CO 81601 Dear Pete, This letter is just a reminder that your petition for exemption from the definition of subdivision was continued by the Board of County Commissioners to allow you time to drill a well and conduct a pump test. Your meeting has been rescheduled for February 5, 1996, at 4:00 p.m. The meeting will be held in Rooni 301 of the Garfield County Courthouse, 109 8th Street, Glenwood Springs, CO. The Board has recently adopted guidelines for determining physical water supplies, concerning the quality, quantity and dependability of such supplies. The determination is based on the following information, to be submitted by the applicant after a conditional approval has been made by the Board, but prior to the approval of an exemption plat: 1) A well be drilled and a 24 hour pump test shall be performed; 2) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the 24 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; 4) A written opinion of the person conducting the well test that this well would be adequate to supply water to the number of proposed lots and be submitted to the Planning Department; 5) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, the provision for individual water storage tanks of no less than 1000 gallons for each proposed lot, or a central tank may be used with a storage capacity of 1000 gallons per lot (required at time of building permit application); 7) A discussion of the mechanical components of the shared well system to include the pump, water supply line, storage tank and other components (for shared well systems); 8) A legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made (for shared well systems); 9) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. If you have any questions regarding these requirements, please contact this office. I was sorry to hear about your accident and sincerely wish you a healthy, speedy recovery. 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 1 Regards, R/ C� Eric D. McCafferty Planner EDMledm • GARFIELD COUNTY Building and Planning January 31, 1996 RE: Inclusion of Plat Notes for the Simmons Subdivision Exemption Dear Frank - Please include the following plat notes: "This exemption was approved based on the use of a central well and shared water system. There is no assumption that a household use only well will be a dependable water supply. Any purchaser of a parcel of land that was created by this exemption reserves the right to use the proposed central water supply. The lots created are further subject to the provisions of a recorded well sharing agreement." "The shared well system approved for this exemption requires a minimum water storage of 1000 gallons, per each lot created, either individually or commonly, and be served by the central water system. This shall be done at time of building permit application at the expense of the building permit applicant." "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific ISDS needs on the site." "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." If you have any questions, please do not hesitate to call. Sincerely, Eric D. McCafferty Garfield County Planner 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, Colorado 81601 Owner BROWN ASSIGNMENTS IN WILLIAMS CANAL COMPANY THROUGH 3/9/94 Virginia Ditch Priorities Spion Kop Ditch Priorities Shares (Previously) Brown Land & Cattle Company and/or Brinkley B. Brown P #111B P #177 1.0 cfs 1.9 cfs P #210 P #213a P #255 1.70 cfs 5.20 cfs 2.1655 cfs 26.8 Bullock, William G. & Doris P #111B P #177 .60 cfs 1.14 cfs 3.897 Payne Land & Cattle Co. P #210 P #213a P #255 1.50 cfs 4.6 cfs' 1.9655 cfs 18.065 Jane Reed - P #1118 P #177 .3 cfs .57 cfs -0- 1.94 Alle & Dorothy M. Simmons P #11113 P #177 .1 cfs .09 cfs .4271 Rue Balcomb & Bruce Arbaney P #177 .1 cfs .2246 Boland Ranch Properties P #210 P #213a P #255 0.20 cfs 0.60 cfs 0.20 cfs 2.2465 Ac,. QOD Z C-3 IooK0895 rtc; 536 EXHIBIT "B" Right of way for ditches or canals constructed by the authority of the United Stater as reserved in United States Patent recorded August 16, 1917 in Book 92 at Page 369 as Reception No. 58215. Haps and Statements of the following ditchest NAME FILSD RECEPTION NO. Virginia Ditch July 17, 1899 21889 Wolverton Ditch July 30, 1989 9324 Right of way for the Wolverton Mesa Etch as rec3rded June 30, 1906 in book 64 at Page 484 as Recept.on No. ]2120. Easement and right of way for the use. operation and maintenance of the Williams Canal as granted by B::inkley B. grown to the Williams Canal Company recorded May 19, 1975 in Book 474 at Page 44 as Reception No. 267628. Right of way for County Road 137 as c:osses through subject property. Right of way for the uninterrupted t1.w of Canyon Creek as may effect subject property. Terme, conditions, restrictions, reservations, rrovisione and obligations as set forth in Easement recorded November 1, 1985 in Book 678 at Page BO is Reception Nn. 366196, between Brinkley B. Brown, as Grantor and Double Eagle Land and Cattle Company, as Crantee. Possessory rights lying outside the fsnce as shown on Survey by High Country Engineering, Inc. dated March 10, 1994. SU(3Mi1TAL REQ, air NONTECHNICA•OIZS DESCRIPTION REPORT 411 t 1 one Map Symbol 11 Soil name and description Ascalon -Pena complex, 6 to 25 percent slopes These soils are on sides of valleys and alluvial fans. The soils formed in alluvium derived from sandstone and shale. Ascalon soil makes up about 65 percent of the complex, and Pena soil makes up about 25 percent. The Ascalon is on the less sloping, somewhat concave parts of the landscape, and the Pena soil is on the steeper, convex parts. The Ascalon soil is deep and well drained. The surface layer is fine sandy loam about 5 inches thick. The subsoil is sandy clay loam about 30 inches thick. The substratum is sandy clay loam to a depth of 60 inches. Permeability is moderate, and available water capacity is moderate. Effective rooting depth is 60 inches. Runoff is medium, and the erosion hazard is moderate. The Pena soil is deep and well -drained. The surface layer is about 12 inches thick. The upper part is stony loam, and the lower part is very stony loam. The substratum is very stony sandy loam to a depth of 60 inches. Permeability is moderate, and available water capacity is low. Effective rooting depth is 60 inches. Runoff is slow, and the erosion hazard is moderate. Begay sandy loam, 6 to 12 percent slopes This deep, well -drained soil is on alluvial fans and sides of valleys. This soil formed in alluvium derived from red -bed sandstone. The surface layer is sandy loam about 14 inches thick. The subsoil is fine sandy loam about 10 inches thick. The substratum is stony sandy loam to a depth of 60 inches. Permeability is moderately rapid, and available water capacity is low. Effective rooting depth is 60 inches. Runoff is medium, and the erosion hazard is high to very high. Chilton channery loam, 6 to 12 percent slopes NONTECHNIC•SOILS DESCRIPTION REPORT 410 one E -2 Map Symbol Soil name and description This deep, well -drained soil is on alluvial fans and sides of valleys. This soil formed in alluvium derived from red -bed shale and sandstone. The surface layer is channery loam about 13 inches thick. The substratum is very channery sandy loam and very cobbly sandy loam to a depth of 60 inches. Permeability is moderately rapid, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Runoff is slow, and the erosion hazard is moderate. Farlow-Rock Outcrop association, steep This map unit consists of Farlow soils and Rock outcrop on mountainsides. The Farlow soil formed in residuum from limestone. Farlow soil makes up 65 percent of the association, and Rock outcrop makes up 25 percent. Farlow soil is deep and well -drained. The surface layer is channery loam about 10 inches thick. The underlying material is very channery loam and extremely flaggy loam about 32 inches thick. Weathered limestone is at a depth of 42 inches. Permeability is moderate, and available water capacity is low. Effective rooting depth is 40 to 60 inches. Runoff is rapid, and the erosion hazard is moderate. Rock outcrop is limestone. Jerry loam, 12 to 50 percent slopes This deep, well -drained soil is on mountainsides. This soil formed in alluvium derived from sandstone, shale, and basalt. The surface layer is stony loam about 3 inches thick. The subsoil is cobbly clay loam about 37 inches thick. The substratum is cobbly clay to a depth of 60 inches. Permeability is slow, and available water capacity is moderate. Effective rooting depth is 60 inches or more. Surface runoff is rapid, and the erosion hazard is very high. Torrifluvents, nearly level NONTECHNICA#OILS DESCRIPTION REPORT . one Map Symbol 66 Soil name and description This broadly defined unit consists of deep, well -drained to somewhat poorly drained soils on flood plains. The soils formed in alluvium. These soils are stratified and vary widely in texture and depth. The surface layer ranges from loamy sand and fine sandy loam to silty loam and clay loam. The underlying layers are generally sandy loam or loam stratified with sand, gravel, and cobbles. The water table fluctuates between depths of 2 and 4 feet and in some years is near the surface during spring runoff. These soils are subject to brief, occasional flooding late in spring and early in summer. Permeability is moderately slow to moderately rapid. Available water capacity is low to high. Effective rooting depth is 60 inches or more. Runoff is slow, and the hazard of water erosion is slight. Torriorthents-Camborthids-Rock Outcrop complex, Steep This broadly defined unit consists of exposed sandstone and shale bedrock, loose stones, and soils that are shallow to deep over sandstone and shale bedrock and stony basaltic alluvium. Torriorthents make up about 45 percent of the complex, Camborthids make up 20 percent, and Rock outcrop makes up 15 percent. The Torriorthents are on foothills and mountainsides below Rock outcrop. The moderately steep Camborthids are on lower toe slopes and concave open areas on foothills and mountainsides. Torriorthents are very shallow to moderately deep. They are well to somewhat excessively drained. They generally are clayey to loamy and contain variable amounts of pebbles, cobbles, and stones. Permeability is slow to moderate, and water holding capacity is very low to low. Effective rooting depth is 10 to 40 inches. Runoff is very rapid, and erosion hazard is very high. J Red Canyon Ranch Glenwood Springs, CO 8360 TO: Board of County Commissioners Garfield County FR: Pete Simmons REF: Simmons Exemption -Canyon Creek Date: June 21, 1996 History: In my original application, for the subject exemption, I had requested approval based on the SEO allowing me to convert my "domestic" well permit # 177790 into 3 single "household use only" permits. The SEO. in their letter dated September 7, 1995, (Att. A) returned these "single household use" permits to me with the advice "...to return theses applications once the proposed parcels have been created by Garfield County." They asked only for a (1) signed resolution, or (2) a copy of the County approved survey plat with metes and bounds of the "three new parcels." The County, as a condition of approval, requested that I actually drill the domestic well already permitted (# 177790), and submit a well sharing agreement (form provided for my guidance by the County Attorney), together with a 24 hour pump test that would show the adequacy of the available water for the three proposed parcels. The public hearing was continued to allow me time to drill this well. After much difficulty, of no fault of the BOCC, or myself, I finally had a "domestic" well, and pump test, that satisfied everyone, along with an acceptable shared well system. With this additional documentation, The BOCC approved my exemption on May 13, 1996. On May 22, 1996 I resubmitted my application, Nos. 388507-A, -B, and C, to the SEO, with everything they had asked for in their September 7, 1995 letter. On June 11, 1996 the SEO wrote me a letter (Att B) stating that since my exemption was approved "based on the use of a central well and shared water system", .and that unless the county will allow individual wells, "it appears unlikely that individual household use permits could be issued..." In a telephone conversation with Mr. Deatherage, of the SEO, on June 18, 1996, I was informed of the Evans/Birchfield application, that had been approved by the SEO after an additional county resolution, and explanatory letter from the planning department, had permitted individual wells! Mr. Deatherage informed me that if I could get a similar resolution from the county, that I could resubmit my applications for consideration. However, on checking with our 'planning department, I find there are differences in the two cases. In the Evans/Birchfield case, the BOCC, on April 15, 1996, in Resolution No. 96-23, approved the exemption "based on eleven enumerated specific conditions." At the time of this approval, April '15, 1996, only a domestic well permit, for Evans Well No. 2, existed as one of the eleven conditions, along with a well agreement that stipulated that any future parcel owner would only use 1/3 of the water from the Well No. 2 permit (Condition 7 of the agreement). The agreement, in Condition 9, further authorized the applicant to apply • • -2- to the SEO for household use only permits, and if they were granted by the SEO, the well sharing agreement , approved by the County, could be repealed in total, and "convey to each parcel owner the permitted well located on each parcel." Why this was done in this way, by the applicant, and the County, in April, 1996, when three monitoring holes, and associated individual pump tests, had been previously drilled in January, 1996, is unclear to me? At any rate, even with the existing wells, the County had to pass another resolution that added the magic words, In the event that a shared well system is used... "(the rest of the words are essentially the same as the words on Note 5 of my approved exemption plat. Also, in this new resolution, No. dated day of May, 1996 you added a new amendment, paragraph 2, allowing the applicant to apply to the SEO for household use only permits on the already created three parcels, and gave the applicant permission to repeal the well sharing agreement if these permits were issued. You also stated in paragraph 2 that "In approving this exemption, the Garfield County Commissioners have made no determination as to material injury to vested water rights; nor taken any action that usurps the right or duty of the SEO to make determination of injury to vested water rights; nor limits the State Engineer's consideration of any well permit applications for lots created by this exemption." Problem: I cannot afford to drill a well on my Parcel 1 without building a road across Parcel 2, and a bridge across Canyon Creek. Getting a drill rig to wherever the building site is on Parcel 3 requires a road that is also an expense I cannot afford. I never intended to drill a well on Parcel 1, or 3, and so stated this many times during the application process. The County has the problem that they cannot be assured that if wells are drilled on Parcel 1 and 3, they will produce water. My existing well sharing agreement does not permit the same flexibility granted Evans/Birchfield. Proposed solution: (1) By resolution, amend Note 5 on my approved plat, as you did for Evans/Birchfield, and add those magic words "In the event..." (2) Since the County knew that, in the Birchfield case, a water producing monitoring hole already existed on each of the three created parcels, change the wording you used in paragraph 2 of the Birchfield amending resolution to state "That the well sharing agreement approved for this exemption provides that the applicant (Simmons) may apply to the SEO for household use only permits for a well on Parcel 1 and 3, and that the existing domestic well on Parcel 2,Well No. 177790A, will be changed to a household use only well. In the event that the buyer of Parcel 1, or Parcel 3, cannot physically drill an acceptable water producing well, on their parcel, then the current owner of the well on Parcel 2 will be required to allow the well sharing agreement to be reinstated. In this event, the non - producing household use only permits will be abandoned and the status of the well on • • -3- Parcel 2 will be reestablished to that of Well No. 177790A, subject to SEO approval. This will be accomplished through covenants on the deeds transferring ownership, or by the applicant, if he still owns Parcel 2." The balance of paragraph 2 may be stated without any changes. (3) In this proposed amending resolution, delete Note 11 and 12, on my approved plat, since they are identical to Note 6 and 7. Conclusion: I need an amending resolution by Garfield County Board of County Commissioners to accomplish the stated intentions I always had in my application for exemption. 1 hope my proposed solution will be acceptable to both the County and the SEO, or that an acceptable alternative may be formulated. Sincerely, F. Peter Simmons • • OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 810 Denver, Colorado 80203 Phone (303) 866-3581 FAX (303) 866-3589 F PETER SIMMONS RED CANYON RANCH GLENWOOD SPRINGS, CO 81601 Dear Mr. Simmons: AT TS STATE OF COLORADO September 7, 1995 RE: Application Receipt Nos. 388507-A, -B, -C Roy Romer Covet nor Jaynes 5. Lochheat Executive Director Hal D. Simpson State Engineer Please return these applications once the proposed parcels have been created by Garfield County. Please provide a copy of the SIGNED AND DATED County Commissioners Resolution (or County Commissioners Minutes) concerning the created parcels, or provide a copy of the County approved survey plat with legible dates and signatures showing the original tract and all created parcels. The documentation submitted should specifically identify the three new parcels. Make sure the information submitted includes a metes and bounds legal description, or a surveyor's plat of the three parcels. The legal description or plat must contain a tie to a section corner or quarter corner so the parcel can be located on a USGS quadrangle map (scale of 1" = 2000'). Thank you for your cooperation. If you have any questions, please contact this office and reference this letter and the above receipt numbers. /jd Enclosure(s) Sincerely, i a. Jeff Deatherage Engineer 1 • • A71 13 STAT E 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 Ni ittlit June 11, 1996 F PETER SIMMONS RED CANYON RANCH GLENWOOD SPRINGS, CO 81601 RE: Application Receipt Nos. 388507-A, -B, and -C Dear Mr. Simmons: Roy Romer Governor James S. Lochhead Executive Director Hal D. Simpson State Engineer The county approved and signed plat for the Simmons Subdivision Exemption contains the note that this exemption was approved "based on the use of a central well and shared water system". In accordance with this condition placed on the exemption by the county, it appears unlikely that individual household use permits could be issued for each parcel unless the county approves an exemption which allows for the use of individual wells. Please resubmit these applications with a copy of a signed and approved exemption resolution which allows for the use of individual wells. Thank you for your cooperation. If you have any questions, please contact this office and reference this letter and the above receipt numbers. Sincerely, Jeff Deatherage Engineer /jd Enclosure(s) iuk. MAI cc: Dwight Whitehead, Division 5 4 ,644,tjajjp. 4 n&A.Cf-frtj ,5Q.5/ G ta • F k..0 1 Pc tc ;; i nuour �5 LLLUch_ LULJUL PHUT 4E t &i. : 3U3 35J 20 SAMUELSON PUMP CO. INC. P.0, p0X 297 WATER SYSTEMS SALES, SERVICE & INSTALLATION 945-6309 GLENWOOD SPRINGS COLORADO 81602 Pete Simmons Red Canyon Ranch Red Canyon Rd. Glenwood Springs, Co. 81601 Attn; Pete January 24, 1996 This letter is in response to your question about how your Canyon Creek well would perform at the end of a 24 Hr. well test. Based on our experience we find that at least. 90% of wells we teL will give use the same results after the 24 hrs. A few wells will hit a boundary condition or a limit to the water source and drop during the 24 hr. test_ The water level in this well was stable before the end of the test which is a fairly good indicator that it would continue to pump at this rate. I hope this answer your questions. If you have any other questions please call me Raun Samuelson at 945-6309. sincerely; Raun Samuelson Pu1 Red Canyon Ranch Glenwood Springs, CO 81001 November 6,1995 Board of County Commissioners, Garfield County Glenwood Springs, CO 81601 Subj: Petition for Exemption From: F. Peter Simmons Dear Commissioners, 1 submit the following data to support my application to divide our 38.5 acre Canyon Creek parcel into three (3) parcels formed by natural boundaries. SUBMITTAL REQUIREMENT A: The three (3) natural boundary splits are formed by County Road 137 and Canyon Creek splitting this 38.5 acre parcel into Parcel A being 13.9 acres on the East side of Canyon Creek, Parcel B being 9.67 acres between Canyon Creek and County Road 137, and Parcel C being 14.95 acres on the West side of County Road 137. as shown on the attached sketch map dated November 1, 1995. Parcel A has access to County Road 137 by a 25 foot easement along the northern side of Bear Wallow Creek. Parcel B and Parcel C have County Road 137 as a boundary. As noted on the map, Parcel A is reserved for the Simmons Family Trust for fishing and occasional overnight camping. When the Petitioner deeds the remaining two parcels, Parcel B (9.67 A), and Parcel C (14.95 A), to future buyers , they will include deeded water rights to the Williams Canal of 30 gallons per minute (30gpm) each, for use in fire -fighting and irrigation. These rights, as shown on the attached certificates, equate to a total of 0.19 cubic feet per second (0.19 cps), or 85.5 gallons per minute (85.5 gpm). The remaining 25.5 gpm will be reserved for fire protection on Parcel A in the event future development ever takes place on that parcel. SUBMITTAL REQUIREMENT B: Map BI and B2 show the vicinity of the Simmons 38.5 Acre parcel which is two (2) miles north of Route I-70 at Exit 109, on County Road 137 (aka Canyon Creek Road). SUBMITTAL REQUIREMENT C: Our Warranty Deed, dated March 11, 1994 is attached. -2 - SUBMITTAL REQUIREMENT D: Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption: (a) Bill and Doris Bullock P.O. Box 609 Glenwood Springs, CO 81602 (b) Rob and Sandy Carter 344 Remington Run Loop Tallahassee, FL. 33212-1402 (c) Rosemarie Glas P.O. Box 5172 Aspen, CO 81612-5172 (d) W.H.I., Inc. 5986 Financial Dr. Norcross, GA. 30071-2949 (e) Bureau of Land Management P.O. Box 1009 Glenwood Springs, CO 81602 SUBMITTAL REQUIREMENT E: Soils and characteristics are shown in the "Nontechnical Soils Description Report" attached as Reqm. E-1. A map showing our property and the location of these soil types is attached as E-2. This report verifies that my Canyon Creek property has more then adequate soils to accommodate individual septic systems on each of the parcels requested. SUBMITTAL REQUIREMENT F: (a) Source of domestic water: The petitioner has already applied for a "household use only" well on each of the three parcels. Copies of these applications are attached as F(1), F (2), and F (3). A letter from the Office of the State Engineer, dated September 7, 1995, and attached as F (4), indicates that these applications will be approved by the State "once the proposed parcels have been created by Garfield County." The location of each of these wells is shown on the attached sketch map dated Nov 1, 1995. 1 • -.3- (b) Method of sewage disposal: Individual septic systems on each parcel, as approved during the issuance of a building permit in accordance with current regulations (c) Fire Protection Plan: The property is within the boundaries of the Glenwood Rural Fire Protection Distict and fire and medical response will be provided by the Department of Emergency Services. Additional fire protection will be achieved through Covenants on the deeds to future buyers requiring all homes to have fire resistive roof construction and a 30 foot defensible zone around the perimeter of the home. Oranamental shrubs and trees are permited within this zone. Site inspection of this proposed exemption, by Jack Jones, Asst. Chief, was completed on June 23, 1995, and it was determined that access and road grades to these future homesites is acceptable to the fire district. This fire protection plan has been approved by the Glenwood Springs Department of Emergency Service, on November 6, 1995, and a letter to this effect will be sent directly to Garfield County. SUBMITTAL REQUIREMENT G: Not applicable. SUBMITTAL REQUIREMENT II: Narrative of why exemption is being requested: This proposed exemption, per the attached sketch map, represents the best use for this 38 acre parcel in the Canyon Creek area. SUBMITTAL REQUIREMENT I: Our Deed from Brinkley B. Brown, as shown in Submittal Requirement C, above, existed as the described parcel as part of the land described in the Deed from Rose E. Boland to Brinkley B. Brown dated April 23, 1959, and attached as Submittal Reqm. I F. Peter Simmons, Petitioner Red Canyon Ranch Red Canyon Road Glenwood Springs, CO 945-0900 • • SCHEDULE A POOK0895:.C; 535 • PROPERTY DESCRIPTION ORDER MO: 94022556 A parcel of land situated in the SW1/4 of Section 24, Township 5 South, Range 90 West of the Sixth Principal Meridian, County of Garfield, State of Colorado: said Parcel being more particularly described as followst Commencing at the West quarter corner of Said Section 24, a ALM aluminum cap in place, The True Point of Beginning! thence N. 88 degrees 37'3S' E. along the East-West centerline of said Section 24 2599.01 feet to th8 center quarter corner of said Section 24, a BLM Aluminum cap in place thence S. 02 degrees 14'35' B. along the North-South centerline of Said Section 24 748.89 feet to the Northwest corner of that property described in feception No. 416366 of the Garfield County Clerk and Recorder's cffice: thence leaving said North-South centerline the following (5) five courses Along the Northerly line of that property described in Said Reception No. 416366. 1) S. 88 degrees 37'3S' W. 862.92 feet: 2) N. 68 degrees 10'28" W. 853.79 feet: 3) S. 88 degrees 37'35' W. 500.00 feet: 4) S. 01 degrees 22'25' E. 385.00 feet: S) S. 88 degrees 37'35' W. 476.71 feet to a point on the Westerly line of said Section 24: thence N. 00 degrees 22'00" W. along t11d Westerly line 797.59 feet to The True Point of Beginning. COUNTY OF GARFIELD STATE or COLORADO 1 i 1 GARFIELD COUNTY Building and Planning April 15, 1996 Mr. Wayne Shelton Shelton Drilling Corp. P.O. Box 1059 Basalt, CO 81621 RE: Simmons Subdivision Exemption Dear Wayne, On Monday, April 15, 1996, the Board of County Commissioners gave conditional approval to the Simmons petition for an exemption from the definition of subdivision. The conditions that must be met prior to final approval are as follows: 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. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. 4. That the applicant shall submit $200.00, e lot, in School Impact Fees ($400.00 total) for the creation of all exemption parcels. //2 5. That, if the lots are to have indivi ual wells, the applicant receive an approved well permit from the State Engineer's Office, for each lot to be created, prior to the signing of an exemption plat or, if the water supply is to be shared, then the applicant shall receive an approved, domestic well permit from the State Engineer's Office and shall draft a legal water sharing agreement, prior to the signing of an exemption plat. Additionally, if the shared well is used, the exemption plat shall legally describe a 20 foot radial access/repair/maintenance easement around the wellhead and a 10 foot easement along the centerline of the water well supply line. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate supply in both quantity and quality exists for the lots to be created. Additionally, excavation permits from County Road and Bridge, shall be necessary if the water supply line for the shared well system will necessitate the disturbance of a County Road. 109 8th Street, Suite 303 945-8212/285-7972 Glenwood Springs, CO 81601 • • 7. That the following plat notes be included: "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific ISDS needs on the site." "Utilities and water supply to Parcel 3 be placed a minimum of three (3) feet below the Williams Canal or culvert." "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." 8. The control of noxious weeds shall be the responsibility of the landowner. That the applicant shall adhere to the recommendations made by the Glenwood Springs Department of Emergency Services. 10. The applicant shall receive any necessary driveway permits from the County Road and Bridge Department, prior to signing of an exemption plat. 11. That the proposed access to Parcels 1 & 2 be moved southwest, to a point that said access is not within the recorded Williams Canal easement. (This should be shown on an exemption plat). As you know, the majority of these conditions have been satisfied by inclusion on a preliminary, exemption plat. The Board cannot give final authorization to the plat until all conditions have been met. if you have any questions regarding these conditions, please do not hesitate to call. Sincerely, f�gClL Eric D. McCafferty Garfield County Planner • GARFIELD COUNTY SURVEYOR'S OFFICE PLAT REVIEW INVOICE ATTN: MR. MARK BEAN DIRECTOR, GARFIELD COUNTY PLANNING DEPT. 109 EIGHTH ST. GLENWOOD SPRINGS, CO. 81601 PLAT NAME: SIEMMONS EXEMPTION DATE OF REVIEW: MAY 2, 1996 PLAT REVIEWED BY: SAMUEL PHELPS. DESCRIPTION OF SERVICES: REVIEW PLAT SUBMITTED TO COUNTY. 1 HR. @ $40.00 P/H MAY 6, 1996 $40.00 SHOULD YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CONTACT ME AT YOUR CONVENIENCE. AS GARFIELD COUNTY SURVEYOR County Courthouse Bldg. 109 Eighth Street Glenwood Springs, CO 81601 (970) 945-1377, Ext. 2510 Samuel Phelps Garfield County Surveyor Private Office 214 E. Eighth Street , Ste. 210 Glenwood Springs, CO 81601 PH: (970) 928-8233 FAX: (970) 945-8565 S-UOMi iTfl 4M. C c -I Iscaptior:. 4O3&' .clock-M»4..tS; IITItudet0895r.r..i534 WARRANTY DEED THIS DEED. Made tate 11211 47 of MARCH . 19 9 4 . bat.eCm ERINXI.EY B. BROWN, III nide. said Covey .r GARFIELD rd Srate of coLORADo • etwmot• sad 7. FUER SINMONS AND DOROTHY M. SINMONS 1.4o..kpia4leidge RSD CANYON RANCH, CiY RD 11S, OLENHOOD SPRINGS, Co 61601 endo Said Cary of GARFIELD Md Soto or COLORADO . protect: WITNESS, alma rise rentor, for and le coesldersrtoe of the Nm of good and valuable conelderatlon and ten DOLLARS, the receipt and Nffkkacy of attic's if hereby edaow{edted, hes panted. batared. sold and eoeweyed. and by ther presents docs trod, barter. sell, convey and confine. Into the penmen. tack Arks and trips forever. er M tenancy M common. bet M Joint renency..11 the red property. togcahcr with improvements, V 01. ,how. trial sad bint in the MW Covey of GARFIELD rd Star of Colored. described Is foflo.l: SEE EXHIBIT 'A' AA* 14 RA GARFIELIk, State Doc. deo ! 22. S° DOC FEE $22.50 se know. by street and member V: TOGETHER with f11 fad Napier the herdkamenta and rpp.Aesaxes thereto bloating. or M anywise appertaining, and the revel -sloe sad reoec.b..r. nn.ainder and reessiee ars, resat, lomat and profits thereof. sod all the error. right. 1414. Macrae. claim sed demand +fiat- soc.et of the termor, either la Ise or equity. of. 1w and to the above barphsed premises, with the hereditaments and appvrte mance*. TO IIAVE AND TO HOLD rho MW premier above barpleed and described. with the app.nenfacer..mo the gramma. tack heirs end *slips forever. Aad the grantor. for himself. hie helm. end persona) term...wires. dee. covenant, tram, bargain. and epee to rod with tat granter, their heirs amd amigos. that at the time of aha awenlleg &.d delivery *Mese presents. he It reel seized of she period *bore eo.nryd. her geed, sere. perfect, obsolete a.d indefeasible arta of'.herkaxs, M Ire. le fee simple. and has good right. Alt power and lout) mehorky .. gram. brt.l., mil and convey the same in manor,' and form as aforesaid. and that the mane ars free and clear from all former Sand other pant*. barplet, sates, nkat, taxa, asewmodr. enc'.mbrances and mark -noes of *Ancor kind or eaters setoet, eft 4 real property taxis• for the year 1994, not yet due or payable and those 'tame set forth on Exhibit '8' attached hereto. The parte i)atl and will WARRANTY AND FOREVER DEFEND the .bo..-barg.Md p.emiks in the quiet and peact*ble p.M Mk. .(de pswaer, their heirs sed ...lp., apMat all end every perm. te senores I.wfelly claiming the whole or any pan thereof. The sia gel.,' e mber .hall h.ct.& the Oral. the pled the trials:, and tb re of arty feeder shall be .pplk.ble te .11 tendert. W WiTyESS WItutzor, the parrot has steered this deed on the dais art forth above. BRINKLEY S. BROWN, III State of COLORADO Cosy of CARE IELD )a ) The for'g.Mt Ltarv.mr++ Mar .cknovetedted before Sar.. tate 11711 47 or MARCH by Brinkley B. Brawn, III d NDy GlEs \0 051795 Wksea cry head and ofrscla seal. Sir we( 11. n1A w • • ;4. )Yll3V CA ,hr r•.64 T..ant•) .1994 . l 11L k EJU dT — Notary Pvbl{v Return to: Fiver Ranch Properties 118 W. 6th St., Ste 213 Glenwood Springs, CO 81601 Simmons 12/18/95 The property is a 38.5 acre tract located approx. 2 mile north of I-70 in Canyon Creek. The tract encompasses the confluences of Bearwallw Creek, Canyon Creek and East Canyon creek. The tract is bracketed on the east and west by BLM property and slopes of up to 47% have been calculated. Land uses in the area range from sinle family homes on small to large acreage lots to an adjacent horse farm and a nearby guest ranch. The applicant proposes to divide, by exemption, the tract into three parcels of 9.67, 13.9 and 14.9 acres each. The applicant is requestion this exemption based on the criteria of Section 8:52 of the County's subdivision regulations, whereby a county road and a natural feature divide the property and prevent joint use. The applicnt is proposing that the 13.9 acre tract be reserved for personal use and the remaining tracts would be sold, presumably for single family dwelling developmetn. It appeats the property was one of four parcels created from a larger tract after January 1, 1973, and does not qualify for the regular exemption criteria. Therefore, the applicant request the division on the grounds that CR 137 and Canyon Creek preclude joint use of the property. CR 137 effectively divides Parcels B and C and creates a boundary for the entire length of the proposed lots. Additionally, Canyon Crek generally flows north -south through the property and does create a split between Parrcel A and B. The public right of way and natural feature criatria as a basis for approving exemptions is a discretionary authority of the Board. In this application, staff can support the split created by the public right of way, but feels the natural feature criteria should be subject to further analysis and used with a great deal of discretion as, quite frankly, it can result in the misuse of the exemption process. Staff cannot support the creation of Parcel A by the natural feature criteria for the simple reaoning that if the applicant ever intends to use Parcel A, then adequate access to it must be created. It would appear that the most effective way to create acess would be a bridge spanning Canyon Creek. Staff knows of nc eason why the applicant could build this bridge later, say after the creation of Parcel A, but coul Nfeate this access now. Once the bridge is built, the restraint preventing joint use has been overcome, which negates the justification for this split. As far as zoning is concerned, the property is within the A/R/RD zone district and all proposed lots are greater than the 2 acre minimum requirement. Water - The applicant has proposed the use of individual, household use only wells for the three �SfU+1�„parcels and has applied fo rthe necessary permits. In recent discussions with the applicant, it appears sot a domestic well permit has been granted by the State which would allow water service for up to three ,1avSei,)d single family dwellings. The applicant would be required to develop a water sharing agreement which U le y designates wellhead and water line easements and have this legally described and shown on an a N, exemption plat. Furthermore, since this is a shared will the applicant will be required to demonstrate �l� an adequate, physical supply of water by either having a 24 hour pump test performed or by having V''N a professional engineer and a qualified hydrologist establish a water supply plan. Water treatment is proposed to be via individual sewage disposal systems. Soils on the property vary considerably, generally carrying moderate to severe ratings for the use of ISDS. Staff recommends a plat note be included to address these limitations. Access to the proposed lots would be directly from CR 137. If Parcel A is allowed easements across Parcel B would be necessary and approval from Road and Bridge would be required for any new driveways. The applciant has addressed fire protection by suggesting the development of covenanats on the deeds to future buyers. Additonally, the applicant has discussed fire protection with the Glenwood Springs Dept. of Emergency Services. Staff recommends the applicant follow any suggestions made by the District and include a plat note to address wildfire mitigation. The applicant will be required to pay the $200 school impact fee for each lot created and any additioanl esaments will be required to be shown on an exemption plat. Based on these findings and staffs interpretation of Section 8:00 of the County's subdivsion regualtions, staff recommends approval of two lots, using the County Road as the boundary between the lots, subject to the conditions listed. . • CO • 4 4 4 4 A _ ►11111111111111111pori 1111�r'-;-=�_,..�;.;��� ♦ L _ s _ _ •-�- 111111•4. 23 SMIAMIS .26 25 IG -F an fin 2123-25 S1/2 25 ; SLY 2123- D U Adjoining 2183 N APPROVED: COUNTY ASSESSOR 2723 Township 5 South, Range 90 West • Su BMITr! QEQ 2Z (.12/11 '00 CO :40 I D : uN I E7 --X 8C0 P.O. Box 1908 )5 Cooper Ave. `..nwood Springs, CO 81602 /`<\ Fr;X ; Z.4MCAMEQ.L4 AIM ASSOCIATES Eriarient lc COMsvts4N15 DRAFT January 19, 1996 Mr. Eric McCafferty Garfield County Planning and Zoning Commission 109 Eighth Street Glenwood Springs, CO 81601 Re: Canyon Creek Well Dear Eric: PRGE 2 (970) 945-5700 (970) 945-1253 Fax At the request of Sherry Caloia, Zancanella and Associates. Inc. has evaluated the ground water potential for the proposed Glass exemption located in the 5E1/4of the NW 1/4 of Township 5 South Range 90 West in Canyon Creek as shown on the attached map. We have reviewed the State Engineers' data base to locate existing wells in the vicinity of the proposed subdivision exemption. The nearest representative well in the area is the Simmons Weil. The relative location of this weil and the proposed subdivision are shown in Figure 1. The proposed wells will be located approximately 1000 feet northwest of the Simmons Weil. The Simmons Well was tested on January 16, 1996 by Samuelson Pump Company and was reported to yield 21 gpm. The static water level in the Simmons Well on January 16, 1996 was 107.2 feet below the top of the well casing. The well was drilled to a total depth of 187 feet (cased to 123 feet) and was completed in the Canyon Creek Alluvial Formation. The static water level in the Simmons Well will provide approximately 15.8 feet of available drawdown. From the drilling log of the Simmons well the alluvial and glacial deposits in this area appear to be quite deep. These deposits should provide a good aquifer for the development of ground water to serve the proposed exemption. If you have any questions please call our office at (970) 945-5700. Very truly yours. Zancanella and Associates, Inc. Tem L. Lancs Geologist cc: Sherry Caloia PLAINTIFF'S t EXHIBIT IE_ TU. 630Z1gerea The undersigned hereby states and affirms that the attached documents are copies of official records and reports of the Garfield County Planning Office, State Of Colorado. STATE OF COLORADO ) ss. COUNTY OF GARFIELD ) Subscribed and sworn before me this day of July, 1997, by Witness my hand and official seal. My commission expires: Notary Public Cu.ou. Houvr & LIGHT, P.C. ATTORNEYS AT LAW SHERRY A. CALOIA JEFFERSON V. HOUPT SAMUEL J. LIGHT January 24, 1996 Mr. Eric McCafferty Garfield County Regulatory Office and Personnel r J Department of Development 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 Re: Glas Subdivision Exemption Application Dear Eric: FILE COPY 1204 GRAND AVENUE GLE.NWOOD SPRINGS, COLORADO 31601 TELEPHONE: (970) 945-6067 FACSIMILE: (970) 945-6292 Enclosed please find four of the five signed return receipts for the public notice mailing for the above -referenced exemption application. Once we have received the last receipt from WHI. Inc., we will forward that return receipt to you. Also enclosed is a certificate of mailing. As you know, this matter is set for hearing on February 13, 1996. Also enclosed is a January 23, 1996 letter from Zancanella & Associates concerning the ability of wells to service exemption parcels in the area. We include this letter with an additional exemption application tiled January 22, 1996. We ask that you include this letter in the materials for the exemption request set for hearing on February 13, as the letter also relates to water supply for the proposed 11 -acre parcel. If you have any questions, please feel free to contact me or Sherry Caloia. Very truly yours, CALOIA, HOUPT & LIGHT, P.C. SJL:nla Enclosures cc: Rosemarie Glas, w/enc. Bill Bullock, w/enc. C.\WP51\DOCZ\MCCAF 2LT G Samuel J. LI nt 1111ER: .mplatr Items 1 and/or additional services. ...uprate Items 3. and 1..1 your name and a , on the reverse of this lunn so that we can a this cud to you. ;rack this form to ttie hoot of the mallpiece, or on the back i1 space itut permit. its "'Rrtutn Receipt Requested" on the meilplace below rhe article number .. Ratuin Receipt will show to whom the article was delivered and the data :rod. Article Addressed to: I also wish ' to receive the• r 1 SENDER:---- 1 Complete items 1 and/or 2 los addntunal services. following services (tor an extra 0 1 Complete items 3, arid 4e & b. rea): • :• „s? ) I win • Print your Hams and address on the reverse of this form so that wa can n this card to you. 1. ❑ Addressee's Address rjj j m • Attech this lean to the hont ul the mailplece, or on Ow hack 11 specs a t m -• does not permit. - -; •iL • Wilto "RattanReealpt Requested" on the meilpieca below the article number tm) • '•r • 11 R 2. El Restricted Delivery Consult postmaster for fee. lureau of Land Management :lenwood Springs Resource Area 0. Box 1009 I Inwood Springs, CO 81602 ijnature (Addressee) VCe/-/- terre 3811, Dt*c mbar 1991 *U5GPO; 1003-352 711 RETURN RECEIPT 4a. Art ale Number E 0 3. Article Addressed to: Z206556507 , m m p h re sun Receipt will show to whom the article was delivered and the date Qdelivered. 4b. Service Type ❑ Registered ❑ Insured 03 1 Cartifiad 0 COD .G CIExpress Mail 0 Return Receipt for Merchandise 1r art 7. Data of Delivery ° i 4 AAAI 1 9 1446 o .rf A 8. Addressee's Address (Only If requested i and fee Is paid) a t�o Fes- Li Fc !DER: mplato Items 1 andfor 2 for additional services. mplate Items 3. and 4a 4. b. it your name and Wdless on the reverse u1 this form so that we can this card to you. ..h this form 10 that front o1 the mailplaca, or un the back If space not permit. to "Return Receipt Requested" on the mailplaca below the article number Annan Receipt will show 10 whom ilia at tido was delivered and the date n.r \rticie Addressed to: L. Williams J: -11 -Pines Guest Ranch `)8 County Road 136 L:uwood Springs, CO 81601 p1010re (AddrJssee) \ Inature (Agent) also wish • tot receive the following services 'f for an extra feel: • 1. ❑ Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 4a. Article Number Z206556506 •.. 4b. Service Type 0 Registered El Certified ❑ Express Mall 11 IrlStlred Colorado National Bank, Denver, Trustee MN: Kathry E. Williams 305 Maple Street Glenwood Springs, CO 601-2931 1 aisU Wlsi let:uivo the furrowing ser (for an extra fee): 1. 0 Addressee's Auiress 2. ❑ Restricted Delivery Consult postmaster for fee. • 4a. Art cis Number Z206556505 4b. Service Type O Registered O Certified Express Mall ❑ Insured 0 COD C1 Return Receipt for Merchandise 7, Date of Delivery 5. Signature (Addressee) 8. Addressee's Address (Only if requested j 6 ''SI©rfature (Agent) . I- N PS Form 3$11; December 1991 *U.S.GPO: 0 -352714 DOMESTIC RETURN RECEIPT h`, 1. C a E a cc c c is o SENDER: 'y • Complete Items 1 and/or 2 for additional services. • Complete Items 3. and 4a 4 b. • ?rim your name and address on the reverse of this form so that we can • rattan 11113 card 10 you. O m • • Attach this form to the front of the mailpluee, at on llta beck 11 space N does not permit. t• Write "Return Receipt Requested" on the maitpince below the article number a"' • me Return Receipt will show to whom bra unlcla was dulivured and the data 0 • delivered. CC e ❑Con . • [] Return Racelpt for g urr.1tst11dlsyt _ 7. Data of Delivery _ g. Z 8. Addressee's Address (Only If requested and fee Is paid)co 1- 1- 0 O 3. Article Addressed to: EF. Peter & Dorothy H. Simmons 0 en (n 111 CC Q 7 n1 381 1, December 1991 a S. GPO: 2714 DOMESTIC RETURN RECEIPT Cr IT, cc 0 a PS Form 3811, December 1991 Red Canyon Ranch County Road 137 Glenwood Springs, CO 81601 �C4�iL�y k'2L t t 5. Signature I ddresseel syr I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. 0 Restricted Delivery Consult postmaster for fee. 2i: ' 56"�t�f'�)" 4b. Service Type ❑ R• egistered ❑ Insured VI C• ertified 0 COD ❑ Express Mail ❑ Return Recei err, anrlise ai 0 N 0 0 cc m CC c vI ,0 a - o 7. Date of Delivery /;t / 8. Addressee's Address !Only if requested and fee is paid) 6. Signature (Agent) all S. GPO: 1003-352714 DOMESTIC RETURN RECEIPT 1- The undersigned hereby states and affirms that the attached documents are copies of official records and reports of the Garfield County Planning Office, State Of Colorado. STATE OF COLORADO ) COUNTY OF GARFIELD ) ss. Subscribed and sworn before me this day of July, 1997, by Witness my hand and official seal. My commission expires: Notary Public • W LA u F 0 F u S • E u, "GOOD FOOD FAST" P.O. Box 6450 • Norcross, Georgia 30091-6450 (404) 729-5700 January 4, 1996 COUNTY Vit. Board of County Commissioners Garfield County Glenwood Springs, CO 81601 Re: Petition for Subdivision Exemption F. Peter Simmons Gentlemen: WHI, Inc. has just received notice of the Petition for Exemption filed by F. Peter Simmons concerning the 38.5 acre tract he owns in Garfield County. WHI, Inc. strongly objects to the Exemption as requested by Mr. Simmons for the same reasons that we objected to his similar petition in July of 1995. 1. To grant such an exemption would set a very dangerous precedent for this area. IL is apparent that Mr. Simmons will be transferring the parcels for residential use and quite possibly, further subdivision into smaller residential plots. Such an exemption and a transfer could start a domino effect which would endanger the entire valley. Once the county has set a precedent for granting subdivision exemptions, how could you legally deny any other property owner an exemption to subdivide their parcels into such arrangements? 2. A determination needs to be made as to whether or not there are adequate water rights to supply new residences in the area. The existing water supply for the entire parcel may be adequate for one family's use; however, it quite possibly,.is not EXECUTIVE OFFICES • 5986 FINANCIAL DRIVE • NORCROSS, GEORGIA 30071 • • Page Two January 4, 1996 adequate for the use of multi families considering stock, household use and fire safety. 3. Subdividing the area will have an adverse effect on wildlife in the area. The problems which already exist due to the other developments in the area will only be aggravated by subdividing this parcel as requested. 4. An evaluation needs to be made concerning the water available for fire protection. Although Mr. Simmons previously stated he intended to construct a large underground water storage tank, it is doubtful it would be adequate for multiple residential use, especially in the event of a fire which endangers all parcels at the same time. Please recall the catastrophe that took place in Glenwood Springs pertaining to brush fires. We certainly would not want that type of situation to develop in this area, but unless there is adequate water for fire protection, we could have the same situation. Additionally, dividing the parcel into multiple residential sites increases the chances of fires in the area. WHI, Inc. asks that the above comments be taken into consideration when voting on this exemption. If you have any questions, please contact me. Sincerely, ttid (tits ( jt+I J. Michael Upton Vice President/Secretary General Counsel JMU : dmm