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HomeMy WebLinkAbout3.0 CorrespondenceRICHARD D. LAMM GOVERNOR March 9, 1982 001-.1414, ,t,(4 , tsjiror=0 ci co --4444% COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER, COLORADO 80203 PHONE (303) 866-2611 Mr. Paul Mannino Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 JOHN W. ROLD DIRECTOR MAR 1 1 1982 ;s GANkikib Luo Dear Mr. Mannino: RE: LOS AMIGOS RANCH SUBDIVISION NO. 2 We have received and reviewed this subdivision application. Generally we find that from a geologic standpoint this is an almost incredibly poor and unsuitable site for any subdivision, for the following reasons: 1. Most of the platted area is far too steep for reasonable (access, construction costs, etc.) building sites. 2. The surficial and bedrock materials underlying the site are subject to slow to catastrophically fast slope failures including landslides, debris slides, and debris avalanches. 3. Alluvium, colluvium, Eagle Valley Evaporite (formation) and Maroon Formation are subject to rapid erosion during the heavy rainstorms that occur principally in the summer months and construction, especially road construction, will aggravate this process greatly. 4. All channelways in this area, including relatively small ones, are subject to flash flooding during heavy rainstorms. Therefore we recommend that you not approve this subdivision as platted. If the proponent of this project will replat this subdivision area into a few large lots (5 acres or greater) with designated building sites on slopes of 20 percent or less and have prepared a detailed engineering geologic study and engineering -geologic map for this area then we think that it might be possible to subdivide this area safely. Sincerely, Y. /J'ames M. Soule Engineering Geologist It cc: LUC GEOLOGY STORY OF THE PAST ... KEY TO THE FUTURE • COLORADO DEPARTMENT OF HEALTH Richard D. Lamm Governor March 9, 1982 Mr. Paul Mannino Garfield County Planning Department 2014 Blake Avenue Glenwood Springs CO 81601 1876 Frank A. Traylor, M.D. Executive Director Re: Preliminary Plat for Los Amigos Ranch, Subdivision ##2, Garfield County Dear Mr. Mannino: I have reviewed the preliminary plat for Los Amigos Ranch Subdivision #2 and have two comments concerning water and wastewater. First, the plans and specifications for any alteration or expansion to the current water treatment plant must be submitted to the Colorado Department of Health for review and approval prior to construction. Second, the wastewater flows can be handled by the Spring Valley Sanitation District as stated in the application. If you need any further comments, please feel free to call me. Sincerely, FOR DIRECTOR, WATER QUALITY CONTROL DIVISION /V. L 5211-1,-x- John R. Blair District Engineer_ JRB/zp cc: Denver Office (Tom Bennett) District Engineer 125 NORTH 8TH STREET, GRAND JUNCTION, COLORADO 81501 PHONE (303)245-2400 Mount lOris Soil Conservation District IIIIIIIPr P.O. BOX 1302 GLENWOOD SPRINGS, COLORADO 81601 6-7 March 3, 1982 Mr. Paul Mannino Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, Colorado 81601 Dear Mr. Mannino: MAR 41982 The Mount Sopris Soil Conservation District Board has reviewed the second phase of Los Amigos Ranch Subdivision. This plan is well developed. Some of the soils in the area to be developed have high erosion hazards and we agree with the report from Lincoln and Devore. On-site investiga- tions before construction starts could save the landowner a lot of problems. Since some of these soils contain gypsum, they are unstable and could cause foundation failure. Revegetation of exposed areas will help control erosion. No large areas of exposed soil should be permitted for very long. Sincerely, et;JAA,,,,e Richard Cerise Secretary RC/te CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT • GARFIELD COUNTY 4110 PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE March 1, 1982 To ALL REVIEW AGENCIES: PHONE 945-8212 This is an addendum to the Los Amigos Preliminary Plat mailed to your agency last week. Please review it along with the previous mailings. I would like your comments by March 29, 1982 so that they can be presented to the County Commissioners and the Planning Commission. Thank you for your cooperation in this matter. Sincerely, Paul Mannino Planner PM/lw Enclosure WILLIAM H. NELSON OREOOBY K. HOSE /N JOHN W. DROVES ANTHONY F. PRINSTER JON E.OETZ FREDERICK 0. ALDRICH OREOO H. KAMPF EDWARD A. LIPTON CURTIS 0. TAYLOR • • NELSON, HOSKIN, GROVES & PRINSTER PROFESSIONAL CORPORATION ATTORNEYS AT LAW Mr. John P. Stanford Associate Planner Resource Management, Inc. P. O. Box 11536 Aspen, Colorado 81611 500 FIRST NATIONAL BANK BUILDING P. 0. BOX 40 GRAND JUNCTION, COLORADO 81502 TELEPHONE 242-4903 AREA CODE 303 February 2, 1982 Re: Los Amigos Ranch Planned Unit Development - Water Rights Dear Mr. Stanford: AI your r i le i 1 , wf have reviewed the water right decrees and pertinent stipulations pertaining to Los Amigos Well No. 5 and Rancho Los Amigos Well No. 6 ("Well No. 5" and "Well No. 6" re- spectively). The purpose of our review was to update Loyal E. Leavenworth's letter of October 6, 1978 addressed to the Director of the Garfield County Planning Department in connection with your preliminary plan application of portions of the Los Amigos Ranch Planned Unit Development in Garfield County, Colorado, as follows: Subdivision No. 2 - Filing No. 1, Lots 1 thru 9 inclusive and Lots 29 and 30. Subdivision No. 2 - Filing No. 2, Lots 33 thru 57 inclusive. Subdivision No. 2 - Filing No. 3, Lots 12 thru 17 inclusive, Lot 28 and Lots 76 thru 83 inclusive. There are only two matters which are pertinent to the water rights in question. They concern the Stipulation and Agreement entered into as part of the Conditional Decree for Well No. 6, and the change in point of diversion for Well No. 5, and the change in density of the Planned Unit Development as a whole. Our comments are as follows: 1. Stipulation and Agreement - Case Nos. W-3873 and W-3893. On the date of Mr. Leavenworth's letter, Well No. 5 held an Absolute Decree for 300 gallons per minute (.66 c.f.s.) with an appropriation date of August 22, 1963. However, Well No. 6 was in the process of adjudicating a conditional right for the same quantity of water for all municipal purposes, however, having a junior date of appropria- tion. This application was Case No. W-3873. Also in the process • Mr. John P. Stanford - 2 - February 2, 1982 of adjudication was an Application for Change of Water Rights to permit Well No. 5's water to be diverted through the point of diversion for Well No. 6. This was Case No. W-3893. Colorado Mountain College (CMC) objected to both the application for a conditional right for Well No. 6, and the change in point of diver- sion for Well No. 5. During the course of litigation of both Case Nos. W-3873 and W-3893, a Stipulation and Agreement was entered into between the Los Amigos Ranch Partnership's predecessors, Robert W. Chatmas and James A. R. Johnson (referred to in the Stipulation and Agreement as "Los Amigos"), and the objector CMC. The Stipulation and Agreement was dated December 31, 1979 and formed the basis of two later Rulings of Referee in Case Nos. W-3873 and W-3893, each being dated May 30, 1980. Copies of the Stipulation and Agreement and the Rulings of Referee are enclosed for your reference. In essence, in exchange for withdrawal of their objection to the conditional right for Well No. 6 and the alternate point of diversion for Well No. 5, CMC exacted certain obligations on the part of Los Amigos which are summarized as follows: A. Well No. 5 and Well No. 6 were agreed to be junior in priority of diversion to all of CMC's well rights, even though the date of Well No. 5's appropria- tion was senior to some of CMC's well rights. B. There was a reciprocal agreement to monitor and maintain written records of well water level and quantity of diversion for each party's wells and furnishing such information to each other upon request. Further, Los Amigos agreed to monitor the "Red Canyon Spill" and fur- nish this information to CMC. C. Los Amigos agreed to limit its annual average diversions from Well No. 5 and Well No. 6 to those quantities set forth in the permits to construct these wells issued by the State Engineer. D. Los Amigos assumed the burden of preventing injury to CMC's well rights either as a result of the diversion by junior appropriators in the Spring Valley aquifir (including Los Amigos) or a call placed on the tributary to the Spring Valley aquifir by senior water rights holders on the Roaring Fork River. It was the view of Los Amigos that the obligations assumed under the Stipulation and Agreement were relatively minor and would not materially jeopardize available water under the decrees for Well No. 5 and Well No. 6 for use in the Los Amigos Ranch Planned Unit - 2 • • Mr. John P. Stanford - 3 - February 2, 1982 Development. The bases for this opinion were three -fold: First, engineering data indicated a more than adequate recharge to the Spring Valley aquifir; second, there were adequate legal tools in existence in order to curtail junior appropriators in the Spring Valley aquifir causing reducting in aquifir water level; and third, the access to augmentation water through either Rudi Reservoir or Green Mountain Reservoir in the event calls were placed on the tributary to the Roaring Fork River. We have nothing to indicate that these opinions are not well founded. 2. Change in Density. We have been advised by Dean Gordon that the overall density for the Los Amigos Ranch Planned Unit Development has been decreased largely as the result of the decrease in the number of multi -family dwelling structures. Also, on our inquiry, we have been advised that there has been no corresponding increase in irrigated land. Thus, the effect of the decrease in density should have the effect of decreasing demand on available water supplies and therefore be beneficial insofar as available water is concerned. know. If you have any questions concerning this letter, please let us Very truly yours, NELSON, HOSKIN, GROVES & PRINSTER, Professional Corporation Fr¢derick G. Aldrich FGA:bb cc: Dean Gordon (with encls.) Thomas E. Neal ( " ) Malcolm Wall ( " • • CARBONDALE FIRE PROTECTION DISTRICT 300 Meadowood Drive Carbondale, Colorado 81623 (303) 963-2491 March 20, 1982 Ms. Terry Bowman Garfield County Planning Dept. 2014 Blake Ave. Glenwood Springs, Colo. 81601 Dear Terry, f7 APR 2 1982 ifa As per your request I have reviewed the plans for Los Amigos Ranch, Filing #2. I would like to offer the following comments concerning fire protection for this sub -division. The water system (including total water supply) appears to me, to be sufficient to deliver the required fire flow to any one of the mapped hydrants. The hydrants are spaced appropriately at 600 ft.. The location of the one cistern mapped on the 2/9/82 Utuility Plan drawing is in the correct place, and 10,000 gallons is an adequate size. As you know, the use of cisterns for fire protection on Missiouri Heights and surrounding areas, is in keeping with the Carbondale Fire Protection District's master plan for this area. If you have any questions feel free to contact me at 963-2491. Sincerly, /4a Ron Leach Carbondale Fire Chief RICHARD D. LAMM Governor • OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 March 19, 1982 Paul Mannino Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Mannino: JERIS A. DANIELSON State Engineer erit,wmiaDAR2 2 198 Re: Los Amigos Ranch Subdivision # 2 We have received the above referenced proposal for 53 single family lots on 201.6 acres. We previously reviewed the PUD plan for this area and stated we had no objection to its approval. In the PUD plan review, we commented that additional information should be submitted concerning the legal entity which would own and manage the water system, as future homeowners may not have adequate representation. It was stated that water would be supplied by wells 5 and 6 (Case Nos. W-2156 & W-3873). The utility report refers to a letter regarding water rights. Since we did not receive a copy of this letter, we would like to take the opportunity to request a copy. Recent interpretations of Senate Document 80 would limit the flow which the Bureau of Reclamation would be required to release from Green Mountain Reservoir to that which would be necessary to create a flow of 1250 cfs at the Dotsero gage from April 15 through October 15. Addition- al requirements would have to be contracted. The required Green Mountain releases will probably not be sufficient to prevent injury to downstream senior water rights which would result from upstream development. Since junior water uses would not be compensated by releases from Green Mountain, they would be subject to a call from the Grand Valley irrigation diversion near Cameo. Such a call would result in the curtail- ment of junior water rights to the extent necessary to meet the shortage. Although we don't expect extended periods of call during the upcoming summer, junior wells such as these would be susceptible to being shut off. • • Paul Mannino Page 2 March 19, 1982 Since the well involved may not be a legally reliable supply, we feel that a plan for augmentation will be required. We could not endorse anything which would result in actual building construction or lot sales prior to approval of an augmentation plan. We feel that in this instance, the County can best determine at what stages of the review process the applicants should be required to demonstrate a legally reliable water supply. We will be most happy to review additional information or dis- cuss this proposal. Sincerely, hZ). Ake Hal D. im son, P.E. Assistant State Engineer HDS/KCK:pkr cc: Lee Enewold, Division Engineer Reiner Haubold Ralph Stallman Land Use Commission • JOHN R. SCHENK DAN KERST WILLIAM J. DEWINTER 111 SCHENK & KERST ATTORNEYS AT LAW SUITE 100, VILLAGE PLAZA GLENWOOD SPRINGS, COLORADO 81801 (303) 945-2447 March 16, 1982 Garfield County Planning Dept. Paul Mannino, Planner 2014 Blake Ave. Glenwood Springs, CO 81601 Re: Los Amigos Ranch - Subdivision #2 Ladies and Gentlemen: 11 442 9 f,0 co, pN RIFLE OFFICE; SUITE 210, REMINGTON SQUARE 125 WEST 4TH ST. RIFLE, COLORADO 81650 (303) 625-3010 I am responding on behalf of the Basalt Water Conservancy District to your recent request for comments in connection with the above referenced application. I have reviewed that portion of the preliminary plat application which addresses the water supply for the proposed development. The February 10,1982 letter submitted by Schmueser & Associates on behalf of the developer makes reference to a February 2, 1982 letter from Nelson, Hoskin, Groves and Prinster, which purportedly verifies the sufficiency of the legal water rights which are to be used in connection with the proposed subdivision. Without having reference to that letter, I am unable to comment on the proposed legal water rights for the development. As always, the District's purpose is to promote the beneficial and effective use of its water rights within the District's boundaries, and in so doing it does not wish to have an inappropriate influence on the county's land use planning policy. However, the District would encourage the county to conduct a sufficient review to assure that the legal water supply has sufficient senior priority so that prospective purchasers of lots or units within the development will not face the eventuality of curtailment of their water supply. Accordingly, the District would recommend that the County require such addition information from the applicant concerning the legal water supply as necessary to assure its adequacy. If you desire our additional input in connection with this matter please do not hesitate to contact me. DK/b cc --Board of Directors Basalt Water Conservancy District ours, GARFIELD COUNTY PLANNING DEPARTMENT GLENWO❑D SPRINGS, COLORADO 81601 2014 BLAKE AVENUE March 12, 1982 Walter Brown 1131 Grand Avenue Glenwood Springs, CO 81601 RE: Los Amigos Ranch, Subdivision #2, Preliminary Plat Dear Walt: PHONE 945-8212 This letter is to inform you that your proposal has been scheduled with the Board of County Commissioners on March 15, 1982 at 8:45 A.M. This meeting is to determine if the proposal will be referred to the Planning Commission. A representative of this project should be present at the meeting to answer any questions. If you have any questions, please call me at this office. Sincerely, Paul Mannino Planner PM/lw • GARFIELD COUNTY • ENVIRONMENTAL HEALTH DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE PHONE 945-2339 MEMO TO: Garfield County Commissioners FROM: Terry L. Howard Garfield County Environmental Health Department DATE: May 5, 1982 SUBJECT: Sewage System for Los Amigos Subdivision Discussions with the developers for Los Amigos Subdivision have indicated a need to clarify the issues surrounding the recommendation of this department for central sewage collection for the development. The recommendation was made on the following considerations: 1. Garfield County has a stated policy in its Individual Sewage Disposal System Regulations to "require the use of public sewer systems where and whenever feasible, and to limit the installation of individual sewage disposal systems only to areas that are not feasible for public sewers." 2. The Los Amigos Subdivision is contiguous to the Spring Valley Sanitation district. 3. Soil conditions,shallow bedrock, and slopes in the area make the installation of individual sewage disposal systems difficult. Most of the systems installed would have to be engineered and would probably be evapotrans- piration systems. Construction in the area would be expensive. 4. A central collection system is technically feasible although construction would be difficult and pumping would be required. Cost of the central system may be roughly equivalent to the sum of all the costs for individual septic systems. Page Two S Garfield County Commissioners The developer contends that although the cost may be roughly equivalent for the two approaches, the fact that the developer must come up with the money at the outset makes the project un- feasible. If individual septic systems are approved, the cost is shifted to the home owner and the project can proceed. This department does not mean to contend that individual sewage disposal systems will not work in the area, only that they are at odds with stated policy and that conditions in the area will make such systems difficult to construct and expensive for the buyer. Individual septic systems are a technically feasible alternative in the area. In general, two concerns that arise with respect to lined evapotranspiration systems are that the proper operation of the system is entirely dependent on the integrity of the plastic liner and that maintenance of the system is the responsiblity of the home owner, who may not be knowledgable in such matters. Discussions with the developers have indicated that construction of a leak detection system consisting of a perforated pipe installed in the bedding for the liner, draining to a stand pipe which can be inspected, may be a reasonable approach to the problem of liner leakage, and arrangements with the home owner's association or sanitation district for a qualified technician to monitor system maintenance may address the maintenance issue. A building envelope and geologic study is already being required for each lot, determination by the developer of a site for the individual sewage system and the type or types that can be installed to be disclosed prior to purchase may be a reasonable way to insure that the lot buyer is aware of the limitations of the lot and the expense of the system if individual systems are to be permitted. GARFIELD COUNTY ENVIRONMENTAL HEALTH DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE PHONE 945-2339 T0: Paul Mannino Garfield County Planning Department FROM: Terry L. Howard Garfield County Environmental Health Department DATE: April 21, 1982 SUBJECT: Los Amigos Ranch Subdivision Number Two Review of the preliminary plat for Subdivision Number Two of Los Amigos Ranch has revealed some concerns with the proposed methods for sewage disposal. 1. Shallow basalt bedrock through out most of the site may make individual septic systems impractical. 2. Lot sizes of approximately 1.5 acres are not particularly large for sites where conditions may present problems for individual septic systems. 3. A sanitation district exists in the area and part of the sub- division is to be connected to it. Permitting individual sewage disposal systems on the remainder would require some justification. It is the recommendation of this department that every effort be made to connect the entire subdivision to the Spring Valley Sanitation District. If this exceeds the capacity of the treatment facilities, expansion of the treatment facilities should be considered. GARFIELD COUNTY PLANNING DEPARTMENT GLENWOOD SPRINGS, COLORADO 81601 2014 BLAKE AVENUE April 21, 1982 John Blair Colorado Department of Health 125 North 8th Grand Junction, CO 81501 Dear John: PHONE 945-8212 Enclosed is a copy of the Los Amigos proposal which is requesting part be served by Spring Valley Sanitation District and part be served by individual septic. Terry Howard requested I send you this information. The hearing is on April 26, 1982. Thank you for your continued cooperation. Sincerely, (ec‹ At(, /i c C/1 -i Paul Mannino Planner PM/lw Enclosure RICHARD D. LAMM GOVERNOR April 20, 1982 410 COLORADO GEOLOGICAL SURVEY DEPARTMENT OF NATURAL RESOURCES 715 STATE CENTENNIAL BUILDING - 1313 SHERMAN STREET DENVER, COLORADO 80203 PHONE (303) 866-2611 Mr. Paul Mannino Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Mannino: RE: LOS AMIGOS RANCH: FIELD INSPECTION, APRIL 16, 1982 4444 ay JOHN W. ROLD DIRECTOR AP9 2 2 1982 As you know Bruce Stover,of our staff, and I met with you, the developer of the Los Amigos Ranch property, and his technical consultants last Friday. This meeting was arranged in response to our letter of March 9, 1982, to you regarding their proposed subdivision and adverse geologic conditions in it. At the time of our first correspondence it was my understanding that the entire proposed subdivision plat was being submitted to you by the developer for approval. After learning that filings 1, 2, and 3 are the only ones being considered at this time, field inspection of the site, and discussions with the above-mentioned parties, we are now satisfied that adverse geologic con- ditions in these filings will be adequately considered in development plans and construction. However, as we also indicated lastFriday,we think that detailed geotechnical studies of each filing and constituent lots should be made. The results of these studies should be made available to lot purchasers prior to closing sales. These studies should indicate, among other things, where on each lot a suitable residential building site exists and where suit- able motor -vehicle access routes(driveways) can be placed. If the above conditions are met by the involved parties then we recommend that you approve filings 1, 2, and 3. As additional filings of this subdivision are proposed, we request that you send us appropriate materials to satisfy the usual requirements of S.B. 35. Sincerely, J mes M. Soule 'Engineering Geologist It cc: John Stanford LUC GEOLOGY STORY OF THE PAST ... KEY TO THE FUTURE • Resource Management inc. • Paul Mannino, Planner Garfield County Courthouse 2014 Blake Avenue Glenwood Springs, CO. 81601 Dear Paul: Ap , 1'!i Ct`r-.I`D'a 4044_42. gwve Thank you for promptly advising me of the referral responses and procedural status on the Los Amigos Ranch Project. I have advised Greg Hoskins and Fred Aldrich, our water attorneys, about the letter from the State Engineer, Division of Water Resources. Apparently, the State's concern over Senate Document 80 and water releases from Green Mountain Reservoir is a misunderstanding, since the Reservoir is located in a drainage not affected by or related to the Roaring Fork River. At any rate, t!alt Brown and Hoskins and Aldrich are working on resolution of the situation which will satisfy any concerns of Garfield County - hopefully, before our scheduled hearing with the P & Z at 8:00 p.m. on Monday, April 26. Meanwhile, Malcolm Wall and I are scheduled to meet you, Jim Soule (State Engineering Geologist), and Dean Gordon Friday morning (April 16) at 0:00 a.m. at the ranch house to resolve the concerns of the Colorado Geological Survey. Also, the hearing notice will be published in the Glenwood Post today, April 12. The legal publishing requirement of the Sub. Regs. can be met if the publishing date and the hearing date are included in the 15 day count. Please advise me if the County does not accept this time period as meeting the code. Thanks again. Sincerely, ./O hn P. Stanford xc: nes Malcolm Wall Walt Brown Tom Neal Dean Gordon RICHARD D. LAMM Governor • • OFFICE OF THE STATE ENGINEE DIVISION OF WATER RESOURCES j',,F ' APR 81982 kka cu. 440 tl 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 April 5, 1982 Mr. Paul Mannino Garfield County Planning Department 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Mannino: JERIS A. DANIELSON State Engineer Re: Los Amigos Ranch Subdivision #2 We have received additional information concerning the proposed Los Amigos Ranch Subdivision #2. The additional information includes a February 1982 letter written by Frederick Aldrich regarding water rights and a stipulation and agree- ment in Water Court Case Nos. W-3873 and W-3893. These cases involved the applicant's proposal for an additional well and for a change in location of a previously adjudicated well. The stipulation resolved the issues in these cases between Los Amigos and Colorado Mountain College. Los Amigos would be served by these two wells, the most senior of which was adjudicated in 1974. The above cases were not our major concern. Our concern, as expressed in our March 19, 1982 letter, is that the wells in question would be subject to curtailment when a call existed at the Grand Valley irrigation diversion at Cameo. The additional information we have received mentions this subject slightly. Towards the bottom of page 2 and top of page 3 of Mr. Aldrich's letter, he indi- cates that among other concessions, Los Amigos agreed to assume the burden of injury to CMC's wells resulting from a downstream call. This and other conces- sions were made because the applicants felt that the obligations were relatively minor. The basis for assuming that the obligations were minor were three -fold, including the assumption that augmentation water would be accessible through either Ruedi Reservoir or Green Mountain Reservoir in the event calls were placed on the tributary to the Roaring Fork River. It is our opinion that a plan for augmentation is necessary at this time. Since the additional information we have received does not indicate the appli- cants are pursuing a plan for augmentation, we must continue our previous recom- mendations. We could not endorse action on this proposal which would allow lot sales or building construction. Please let us know if you have any questions. HDS/KCK:mvf cc: Lee Enewold, Div. Eng. Ralph Stallman Land Use Commission Sincerely, 446 al D. imp on, P.E. Assistant State Engineer COLORADO DEPARTMENT OF HEALTH Richard D. Lamm\~ Frank A. Traylor, M.D. Executive Director Governor 8 76 April 2, 1982 --,.. . (.77:11., 7 11 ?4961 9 �ddb Mr. Paul Mannino, Planner�`s Garfield County Planning Department REF l [r 2014 Blake Avenue E(` r1y .' APR 6 uj GARHELD co. p »r GDenwood Springs CO 81601 Re: Addendum to Los Amigos Preliminary Plat Dear Mr. Mannino: I just received the above addendum this week as I have been out of town since March 16. I was unable to comment by your March 29 deadline, but my previous comments are sufficient. I hope the delay caused no problems on your end. Sincerely, FOR DIRECTOR, WATER QUALITY CONTROL DIVISION r/ �. r 1�1lc. t t, John R. Blair District Engineer JRB/zp 125 NORTH 8TH STREET, GRAND JUNCTION, COLORADO 81501 PHONE (303) 245-2400 • • SCHENK & KERST ATTORNEYS AT LAW SUITE 100, VILLAGE PLAZA GLENWOOD SPRINGS, COLORADO 81601 JOHN R. SCHENK (303) 945-2447 DAN KERST WILLIAM J. DEWINTER III Mr. Paul Manino Garfield County Planner 2014 Blake Glenwood Springs, CO 81601 Re: Los Amigos Ranch Dear Paul: March 26, 1982 Dean Gordon has provided me the February 2, 1982, letter of Fred Aldrich regarding the water rights for the Los Amigos Ranch PUD. I want to assure you as well as the developer in this instance, that it is not my intent to have a negative impact on the proposed development nor do I want to unduly interfere with the planning process. However, I must continue to raise the issue of the dependability of the legal water supply for the development. I am not saying that it is inadequate, but I believe that the relatively late priority dates of the development's water rights makes your consideration of this question appropriate. On page 3 of Mr. Aldrich's letter, he mentions the access to augmentation water through either Ruedi Reservoir or Green Mountain Reservoir. Although a water allotment contract with the Basalt Water Conservancy District could probably be obtained to provide exchange water from Ruedi Reservoir, to my knowledge no such action has been taken to date. The ability to call on stored water from Ruedi Reservoir to satisfy downstream calls by holders of senior water rights would, of course, provide the residents of the proposed development more security than they currently have by virtue of the adjudicated rights referred to in Mr. Aldrich's letter. These comments are intended to provide positive imput to your planning process in an attempt to assure that the ultimate residents and owners of this development have a dependable legal as well as physical water supply. Please advise me if I can provide further information in this regard. DK/sr c - Dean W. Gordon, P.E. Floyd Crawford, President truly, • 1:7111 Resource Management inc. • March 25, 1982 Mr. Hal D. Simpson, P.E. Assistant State Engineer Division of Water Resources 1313 Sherman Street, Room 818 Denver, CO 80203 Dear Mr. Simpson: Please find enclosed the letter from Nelson, Hoskin, Groves and Prinster, water attorneys for the Los Amigos Ranch project. This material was referred to in the Preliminary Plat Application which you reviewed and requested in your letter to Garfield County Planning Office on March 19, 1982. We would appreciate your review of this new material and appropriate amendments to your original referral. Comments must be received in the Planning Office prior to April 26, 1982. Please contact me if I can be of assistance. John P. Stanford Associate Planner Enclosures cc: Malcolm Wall Paul Mannino, Garfield County Planning Office klm Post Office Box 11536 Aspen, Colorado 81611 (303) 925-6615 New Hampshire and Colorado RICHARD D. LAMM Governor i OFFICE OF THE STATE ENGINEER DIVISION OF WATER RESOURCES 1313 Sherman Street -Room 818 Denver, Colorado 80203 (303) 866-3581 April 22, 1982 Mr. Paul Mannino Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 Dear Mr. Mannino: JERIS A. DANIELSON State Engineer APR 2 6 GARt+ KO*** Re: Los Amigos Ranch %2 We have received additional information from Mr. Gregory Hoskin, attorney for Los Amigos Ranch Partnership, concerning the development of a plan for augmentation for the entire Los Amigos Ranch development. Mr. Hoskin has agreed to develop a plan for augmentation for the entire Los Amigos Ranch prior to seeking approval of a third filing of the subdivision. We believe this is a reasonable attempt to address the concerns of our April 5, 1982 letter and we have no objection to the approval of filing No. 2. Sincerel y, Har D. impson, P.E. Assistant State Engineer HDS:pkr cc: Lee Enewold, Div. Eng. Ralph Stallman Gregory Hoskin Leonard Bowlby Road Supervisor • GARFIELD COUNTY ROAD AND BRIDGE P.O. Box 1485 Glenwood Springs, Colorado 81601 Phone 945-6111 April 21, 1982 Garfield County Planning Department 2014 Blake Avenue Glenwood Spgs., Co81601 Att'n: Paul Manino Dear Paul, APR 2 1982 ' r • Li LU L'Ar1 This will confirm our telephone conversation of April 21, 1982. In the matter of Los Amigos Ranch subdivision #2 preliminary plat and the requirement for improvements to County Road 114: As I understand it, there is a cash figure in lieu of work to be done. I would much prefer that they be required to post a performance bond, and that they do the actual improvements under our supervision. This would allow county equipment and manpower to remain on our maintenance program as presently scheduled. Pleas advise if you have any questions. rs ruly, ,s� Leonard A. Bowlby Garfield County Road LAB/pc ervisor Garfield County Commissioners Garfield County Court House Glenwood Springs, CO 81601 Dear Sirs; Kindall Ranch C/O Linda Murr 37659 Hwy 6 New Castle, CO 81647 June 5, 1982 The boundry survey that was being done for the Kindall Ranch by Eldorado Engineering has not been completed as of this date. I will be out of town until June 21, 1982. It will imposible for me to compare our survey with the survey done for Los Amigos until I return. The deeds that Los Amigos was to give to us I have not seen and I will be unable to progress any farther on the dispute until my return. We do not consider the dispute settled. We will need sufficient time to have our attorney review all papers. We do object to the water tower that is to be placed within 30 feet of our south boundry. This tower could be seen from over 400 acres we own and by adjoining land owners as well. The mesa land is flat enough to be view any large structer such as a water tower. We feel this tower could be buried and should be. This would be much more compatable with future developement of Spring Valley in general. The beauty of the landscape should be preserved as much as possible. Thank for the time and efforts in these matters. Yours truely. inda Murr 1 0 COLORADO DEPARTMENT OF 'HEALTH Richard D. Lamm Governor €2.„/1$ 7 Executive Director May 6, 1982 Garfield County Coufnissioners P. 0. Box 640 Glenwood Spriggs, Colorado 81602 Frank A. Traylor, M.D. Re: Los Amigos Preliminary Plat, Filing No. 1 and No. 2, Subdivision No. 2, Garfield County Gentlemen: Terry Howard requested our assistance in evaluating the technical feasibility of the wastewater treatment alternatives for the above subdivision. The County must basically decide in their planning process between requiring central sewage collection and treatment or individual sewage disposal sys- tems. This subdivision has'several site constraints that make either alter- native fairly expensive, but I believe that either alternative could work with almost equal success. I have visited the site and discussed the alternatives with Terry Howard, The Colorado Department of Health cannot make a determination as to which system should be allowed however, because this duty by statute has been placed with the County. If you should have any further questions on the technical feasibility of the alternatives, please call me. Sincerely, FOR DIRECTOR, WATER QUALITY CONTROL DIVISION 52'1, John R. Blair District Engineer JRB/zp cc: Terry Howard, County Sanitarian Greg Hoskins; Nelson, Hoskins, Groves, & Prinster Denver Office File 125 NORTH 8TH STREET, GRAND JUNCTION, COLORADO 81501 PHONE (303) 245-2400 • • WALTER E. BROWN 111 ATTORNEY AT LAW 1131 GRAND AVENUE GLENWOOD SPRINGS, COLORADO 81601 (303) 945-2361 May 3, 1982 Mr. Earl Rhodes County Attorney Garfield County Courthouse 8th and Colorado Glenwood Springs, CO 81602 Mailing Address; P.O. Box 1512 Glenwood $prinpe, CO 81602 RE: PLANNING COMMISSION MEETING REGARDING LOS AMIGOS RANCH SUBDIVISION Dear Earl: 197 This is to confirm that I have obtained a copy of the agreement between Spring Valley Sanitation District and the Los Amigos Ranch dated October 30, 1981. I would refer you to the third whereas clause in there as well as Paragraph 4(A), Paragraph 5 and Paragraphs 9 and 11. It appears to me that the Planning Commission may have exceeded their authority in requiring that there be evidence of a contract. between Spring Valley Sanitation District and the Los Amigos Ranch Partner- ship which protected CMC from expansion of the sewer plant in the event the EQR's were used up by Los Amigos otherwise on the project. Nonetheless, the agreement I have attached hereto was executed by Tom Neal, even though the copy I have was without his signature, and I believe this agreement would satisfy any such requirement. This is to advise you, however, that we consider this requirement to be an ultra vires action by the Planning Commission and we wish to have this letter made of record. In short, while the Planning Commission requirement may be beyond its limits of authority, it appears we have already agreed to what they were so concerned about in October of 1981. Kind k st rg�acp (U Walter E. Brown III WEB:mbj cc: Malcolm Wall Gregory K. Hoskin • • Roaring Fork School District RE -1 Box 820 Glenwood Springs, Colorado 81602 Telephone (303) 945-6558 Mr. Paul Mannino,Planner Garfield County Planning Dept. 2014 Blake Avenue Glenwood Springs, CO 81601 RE: LOS AMIGOS RANCH, SUBDIVISION #2 Dear Mr. Mannino: NICHOLAS R. MASSARO, Superintendent DWIGHT L. HELM, Assistant Superintendent ROBERT D. LAFFOON, Assistant Superintendent, Business March 11, 1982 As I indicated to you in our meeting on March 3, 1982, the Roaring Fork School District is very concerned that the intentions of original developers be carried out with regard to a school site dedication. At the regular meeting of the Board of Education held March 8, 1982, the Board reaffirmed its request to the County Commissioners for a school site dedication from the Los Amigos project. I'm enclosing copies of some previous correspondence on the subject. As you can see, the school site in question had already been surveyed and staked out. Preliminary agreements were drawn but never completed due to internal project problems and pending litigation according to our information. The School District respectfully requests that you inform the Planning Com- mission and County Commissioners of our continued request for a 13 acres future school site in the Los Amigos development. Sincerel yours, Nicholas R. Massaro NRM/mw Encl. • • Septe►nbe.& 26, 1979 Gail.6iad County Cornnli44-i.oneA4 Ganv.ie.ed County Cocat Hou e GZenwood Sph.i ►'La , Cotahado 81601 dean Coninu szio►LeJvs : !fit .tlie ae3u,La1L r;iee .inij I:oCULl11t, FS610o.E. V'.i6thiCt udand O. Lduca-aon, iLexd Sej_),temL^e'L 24, 1979, t(Le 6aand met airictin tepi.ezentat1.ve6 O ,Illi'_ Lob A►n-L!_jo4 deve.JLo; .neat phaject to Ca►LSddeit. :tYLC'JL L1ctteb jvtapoSad ayheeiliLnt. Aiiteh dc.00L.LS•5-COJL, ,;LC jO Ed!t LtLcy i;o QUI!. : 'a5 ?;lade al id u.na►LLr'YowwJy apphaved: rio;t4okL Ly i tIL. 1 LLLe4O L - 1 move. .t,iLcot ,tile Sch.00t .Ldand asL .the Low.d o C Gc16'1.L'! LOY.'r► i,i.zL OU JL5 L.o hC' icce-s t -(..0 Jh1 PLOY,: Lo3 A .L.o6 x(.11 -the Citount ;LChCt00%LC he_uLL;.S.ter, •Z=;c ULteeJL aC/L , CLJIJ .t'Leif ZO11C . a.u. .Lfl ,suc.,L CLS -:i i'' tie -('L'9 .0LequCJLed (.a.J. E,CO}Li;,.ect ti'C•CE.: A]e - h. .'CJ_Ge,.E'., ilL. Ho)L ca;L, ^ .:LS . i !a,'.j 1d.ahe, , dos . .,C;:Y;i a►[ i r iiL. T;cLL Y1. The. 60 v.Le:/S .the phopeJLt,i Ue-sci-L e.,1 -Lrl a cLcianie.nL Lx;LibLt A'' a6 a de—ihabZe po.tei tLae school ,site neeL:ed {JL .t;Lc. utuhe. S.i.►LCelLc? E ! 1(0L0,5 , ;vi,C Lo Las .Z. fias4aho FLe E ne2ostme cc: Ray daedw.in, County nanny'. • TELEPHONE 303-945-8571 ':.ci cry/ 7:2 2 WILLIAM D. JOCHEMS ATTORNEY AT LAW 811 BLAKE AVENUE GLENWOOD SPRINGS, COLORADO 81601 Mr. Nicholas R. Massaro Superintendant - Roaring Fork School District RE -1 1405 Grand Avenue Glenwood Springs, CO 81601 August 31, 1979 RE: Los Amigos School Site Dear Mr. Massaro: POST OFFICE BOX 195 As you know I represent the developers of thegLos Amigos Planned Unit Development and that we are now attempting to reach a final agreement with Garfield County and RE -1 concerning the school site in the Los Amigos PUD. The Los Amigos developers and Sun Designs, their planners, have worked with the school district in the selection of the 13 acre parcel which is now apparently deemed to be a suitable site by all parties concerned. The plan for the Los Amigos property nas been developed in reliance on the school site being used for only school purposes and the developer is quite concerned about the land ending up in the ownership of another developer who would then put the land to a use which was inconsistent with the Los Amigos plan. In the form of agreement which we presented to the School District on Monday, August 27, 1979, there was a provision for the developer to re -purchase the property in the event the school board chose not to use the property for school purposes. The purpose of this prov- ision was, in part, to give the Los Amigos developer protection against other developers acquiring the property. This provision was apparently deemed to be unacceptable to tae school district so the developers have reconsidered the situation and now propose the enclosed agreements .U�+ r1LU 111 7/6%7%S- 3 -i SUNDESIGNS ARCHITECTS June 29, 1979 ARCHITECTS PLANNERS SOLAR CONSULTANTS Mr. Nicholas R. Massaro Superintendent Roaring Fork School District RE -1 P.O. Box 820 Glenwood Springs, CO 81601 REF: LOS AMIGOS P.U.D. - PROPOSED SCHOOL SITE Dear Mr. Massaro, This letter is a review of our discussions with the Roaring Fork School District Board of Education to date and a response to your letter to Mr. Ray Baldwin dated June 12, 1979. On April 10, 1979, Mike Dakan and I made our initial presentation to the Board. We discussed such items as: the overall Los Amigos P.U.D. and its phasing; the d.u. ration to school site acreage; the initial phase development; the availability of all utilities; the proposed site and its relationship to C.M.C. We returned two weeks later, on April 24, and made a more specific presentation. The site size was increased to 13 acres (up from 12 acres) to com- pensate for the 1 acre access link. A site plan sketch showing possible parking, school size and outdoor activity areas was hand- ed out to Board members and discussed. Two general areas of con- cern were then discussed. The first centered around site access. The proposed access is off CR 114 through a 100' wide x 460' corridor. The topography along the access corridor is such that a cut will be required. A road constructed to county standards would require an approxi- mate cut of 8770 C.Y. By no means insignificant, this cut can be seen in perspective when compared to the potential for earthwork on the school site of 43,000 C.Y. Another concern with access was visibility at the intersection. Proper contouring at the entry to the school will insure adequate vehicular visibility. This can be done because of the straight road to the east and the outswinging, long radius curve to the west. It was our feeling, at that meet- ing, that these concerns were addressed and somewhat resolved. The second area of concern expressed by the Board was that of water availability. There is adequate water supply for all of Los Amigos P.U.D. We indicated that water would be made available to the school. It was suggested that the District's Attorney and 1315 GRAND AVENUE GLENWOOD SPRINGS COLORADO 81601 303/945-2201 • LOS AMIGOS P.U.D • PROPOSED SCHOOL SITE 411 June 29, 1979 Page 2 the Los Amigos P.U.D. attorney get together and work out details on water. Mr. Bill Jochems represents Los Amigos and is availa- ble to discuss this subject at your convenience. Water and sewer service for the school site have been integrated into an engineering studies for this project. Both are availa- ble at the school site boundaries at no cost to the School Dis- trict. However, with the formation of the Sanitary District and Water District, there will be tap fees and service charges to the School as set forth by these Districts. It is our understand- ing that the School District is excluded from ad valorum tax. Since the April meetings we have confirmed the existence of a well on the school site. The well and water supply line may be excluded from the final legal description of the school property but would be available for school use. In your letter of June 12, 1979, you expressed concern about site access and water, which I have addressed previously in this let- ter, and also indicated concern for the proposed commercial site adjacent to the school. It is not our intention that this area be "service" commercial; rather it would be used for special use to the P.U.D. development, C.M.C. and elementary schools which could not be zoned under any other classification (for example, Day Care) . I hope this letter answers the questions and concerns raised in your June 12 letter. We are available, at your convenience, to discuss these matters further. Sincerely, Richard L. Dart - Architect, AIA cc: Ray Baldwin RLD/cg KKBNA Scarrow Walker Incorporated Consulting Engineers Land Surveyors n,il'. Ilq). �.r nrd,a a c ,,..t_., .a .. i•a Gil SCHOOL SITE DESCRIPTION A parcel of land situated in part of Government Lots Six and Eleven of Section 5, Township 7 South, Range 88 West of the Sixth Principal Meridian in the County of Garfield, State of Colorado. Said parcel lying northwesterly, in part, of the northwesterly right-of-way line for County Road Number 114 (College Road), said right-of-way line being 30.00 feet north- westerly of and parallel to the centerline of said county road as constructed and in place, easterly, in part, of the east- erly line of Los Amigo Ranch, Filing Number One, and westerly, in part, of the westerly line of a tract or parcel of land as described in Document Number 256352 (being Book 438 at page 540) as on file in the Garfield County Records (Note: Bear- ing of said westerly line has been rotated 00°12'12" right to match basis of bearings) said parcel being more particu- larly described as follows: Beginning at the Northeast Corner of Section 8 in said town- ship and range, a stone corner found in place and properly marked; thence N. 29°30'23" W. 1005.43 feet to the Southeast Corner of said Los Amigos Ranch, Filing Number One, a rebar and cap in place, said corner being also on said northwester- ly right-of-way line, the True Point of Beginning; thence, leaving said right-of-way line, N. 25°44'45" W. 539.32 feet along said easterly line to a rebar and cap in place; thence, leaving said easterly line, N. 25°44'45" W. 482.56 feet; thence N. 64°15'15" E. 1047.66 feet to a point on said wes- terly line; thence S. 00°00'12" W. 644.75 feet along said westerly line; thence, leaving said westerly line, S. 64°15' 15" W. 667.56 feet; thence S. 25°44'45" E. 447.39 feet to a point on said northwesterly right-of-way line; thence S. 67° 49'48" W. 100.20 feet along said northwesterly right-of-way line to the TRUE POINT OF BEGINNING. Said parcel containing 13.12 acres, more or less. Bearings for this description were based on a bearing of S. 88°54'23" E. between the Northwest Corner of Section 5, Town- ship 7 South, Range 88 West of the Sixth Principal Meridian and the North Quarter Corner of said Sebtion 5. June 28, 1979 KKBNA/SCARROW & WALKER, INC. 1001 Grand Ave. Glenwood Springs, CO 81601 • Roaring Fork School District RE -1 P. O. Box 820 Glenwood Springs, Colorado 81601 Telephone (303) 945-6558 July 11, 1979 Mr. Richard Dart 1315 Grand Avenue Glenwood Springs, CO 81601 Dear Mr. Dart: NICHOLAS R. MASSARO, Superintendent DWIGHT L. HELM, Assistant Superintendent ' WALLACE M. PARKER, Assistant Superintendent, Business On July 9, 1979, the Roaring Fork Board of Education discussed your letter of June 29, 1979. Concern was expressed by the Board of some items in your letter. The Board is still troubled by the proposed access. They feel that an excessive cut would have to be made if the grade of the entrance is kept to a year -around safe ingress and egress. Also, the visual factor is limited. A much better access would be to the west of the proposed site. Another concern of the Board is arrangements for sewer and water to the site. It is the Board's opinion that this should be pro- vided to the property line at no coat L, the district. They sug- gest that the Los Amigos attorney draw up a document spelling this out so that it can be referred to the school district's at- torney. If you have further questions, please feel free to con- tact me. Sincerely yours, Nicholas R. Massaro NRM:fjs cc: Ray Baldwin • A(.REEME_NT THIS AGREEMENT is made and entered into this day of August, 1979, by and between ROBERT CHATMAS, THOMAS NEAL, and JAMES A.R. JOHNSON, hereinafter called ("Subdivider"), and the ROARING FORK SCHOOL DISTRICT, RE -1, hereinafter called ("RE -1") and GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS, ("Garfield County") . 1. Recitals. a) Subdivider own approixmately 1,472 acres of property in Garfield County, Colorado, upon which they have obtained a planned unit devel- opment zone district designation from the County Commissioners of Garfield County. b) Subdivider is seeking to subdivide the subject property into approximately 568 dwelling units, which are comprised of both single family and multi -family structures, and to establish com- mercial property of approximately 17.6 acres. c) Subdivider, RE -1, and Garfield County have agreed that the 13 acres described on the attached Exhibit "A" constitute sufficient site and land area for schools which may be reasonably neces- sary to serve the proposed subdivision and the future residents thereof. d) Subdivider had developed a plan for the balance of his 1,472 acres in reliance upon the school site being used only for school purposes. Sub- divider intends that said property be used only for said purpose and feels other uses might have a detrimental use on the balance of the planned unit development.. • • IHEREFCT?S _±Ji . 'er and RE -1, and Carfield County hereby covenant and agree as follows: 1. Subdivider shall dedicate said property to Garfield County as trustee for RE -1 on or before Title shall be free and clear of all liens and encumbrances except taxes for the year of conveyance and easements, rights- of-way, and mineral reservations of record and the reservation of an easement to maintain and operate a water well and the restrictive covenant regarding use of the subject property, all as hereinafter set forth. 2. Restrictive Covenant. The instrument by which the land shall be conveyed, or dedicated shall contain the following provisions: "The subject property shall be used only for the purpose of erecting and maintaining a public school or schools, or for parks and related facilities. This shall be deemed a covenant running with the land which is for the benefit of, and may be enforced by, any owner of property within the Los Amigos Planned Unit Development. The foregoing restric- tion shall be binding upon the subject property from date hereof until December 31, 1999. 3. Water Well Subdivider shall reserve from the dedication an easement for the purpose of drilling, operating and maintaining, repairing and replacing the water well and pipeline from the water well in their location decscribed on the attached Exhibit "B". Subdivider further reserves sole ownership of all water rights adjudicated to said well. -2- • 4. Water and Sewer Pipelines. On or before , Developer shall install a sewer line of not less than 8 inches in inside diameter to the boundary of the subject property and a water line of not less than 2 inches in inside diameter to the subject property. The water and sewer lines shall be connected to the water and sewer system established by the Subdivider to serve the buildings in the Los Amigos first filing. RE -1 shall pay all tap fees and user fees which may be charged by an entity which ultimately owns the water and sewer system. Robert Chatmas Thomas Neal James A. R. Johnson ROARING FORK SCHOOL DISTRICT, RE -1 By GARFIELD COUNTY BOARD OF COUNTY COMMISSIONERS By