HomeMy WebLinkAbout1.0 Application• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
Pursusant 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 JAMES H. STEPHENS
respectfully petitions the Board
of County Commissioners of Garfield County, Colorado, to exempt by
Resolution the division of1,130.84acre tract of land into 3
tracts of
approximately10075 95 and 1,111.265
..acres each, more or less, from the definitions of
"subdivision" and subdivided land" as the terms are used and defined in
C.R.S. (1973) Section 30-28-101 (10) (a) - (d) and the Garfield County
Subdivision Regulations for the reasons stated below:
SEE ATTACHMENT
SUBMITTAL REQUIREMENTS:
An application which satisfies the review criteria must be submitted with
all the following information.
A. Sketch map at a minimum scale of 1"=200' showing the legal
description of the property, dimension and area of all lots or
separate interests to be created, access to a public
right-of-way, and any proposed easements for drainage,
irrigation, access or utilities;
B. 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 two (2) miles, for which a copy of
U.S.G.S. quadrangle map may be used.
C. Copy of the deed showing ownership by the applicant, or a letter
D.
from the property owner(s) if other than the applicant; and
Names and addresses of owners of record of land immediately
adjoining and within 200 feet of the proposed exemption, mineral
owners and lessees of mineral owners of record of the property to
be exempted, and tenants of any structure proposed for
conversion; and
E.
F. Evidence of the soil types and characteristics of each type; and
Proof of legal and adequate source of domestic water for each lot
created, method of sewage disposal, and letter of approval of
fire protection plan from appropriate fire district; and
G. If connection to a community or municipal water or sewer system
is proposed, a letter from the governing body stating a
willingness to serve; and
H. Narrative explaining why exemption is being requested; and
I. It shall be demonstrated that the 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 $100.00 fee must be submitte• th the applicati
Petitioner
2837 Grand Falls Circle, #4
Mailing Adress
Grand Junction, Colorado 81501
City
(303) 2.43-3418
State
Telephone Number
• •
EXEMPTION
APPLICABILITY
The Board of County Commissioners has the discretionary power to exempt a
division of land from the definition of subdivision and thereby from the
procedure in these Regulations, provided the Board determines that such
exemption will not impair or defeat the stated purpose of the Subdivision
Regulations nor be detrimental to the general public welfare. The Board
shall make exemption decisions in accordance with the requirements of
these regulations. Following a review of the individual facts of each
application in light of the requirements of these Regulations, the Board
may approve, conditionally approve or deny an exemption. An application
for exemption must satisfy, at a minimum, all of the review criteria
listed below. Compliance with the review criteria, however, does not
ensure exemption. The Board also may consider additonal factors listed in
Section 8:60 of the Subdivision Regulations.
A. No more than a total of four (4) lots, parcels, interests or dwelling
units will be created from any parcel, as that parcel was described in
the records of the Garfield County Clerk and Recorder's Office on
January 1, 1973, and is not a pact of a recorded subdivision; however,
any parcel to be divided by exemption that is split by a public
right-of-way (State or Federal highway, County road or railroad) or
natural feature, preventing joint use of the proposed tracts, and the
division occurs along the public right-of-way or natural feature, such
parcels thereby created may, at the discretion of the Board, not be
considered to have been created by exemption with regard to the four
(4) lot, parcel, interest or dwelling unit limitation otherwise
applicable;
B. All Garfield County zoning requirements will be met; and
C. All lots created will have legal access to a public right-of-way and
any necessary access easements have been obtained or are in the
process of being obtained; and
D. Provision has been made for an adequate source of —water in terms of
both the legal and physical quality, quantity and dependability, and a
suitable type of sewage disposal to serve each proposed lot; and
E. All state and local environmental health and safety requirements have
been met or are in the process of being met; and
F. Provision has been made for any required road or storm drainage
improvements; and
G. Fire protection has been approved by the appropriate fire district.
H. Any necessary drainage, irrigation or utility easements have been
obtained or are in the process of being obtained; and
I. School fees, taxes and special assessments have been paid.
(The School Impact Fee is $200.00 for each new lot created).
PROCEDURES
A. A request for exemption shall be submitted to the Board on forms
provided by the Garfield County Department of Development/Planning
Division. Two (2) copies of the application, maps and supplemental
information shall be submitted.
B. The Planning Division shall review the exemption request for
completeness within eight (8) days of submittal. If incomplete, the
application shall be withdrawn from consideration and the applicant
notified of the additional information needed. If the application is
complete, the applicant shall be notified in writing of the time and
place of the Board of County Commissioners meeting at which the
request shall be considered. In either case, notification shall occur
within fifteen (15) days of submittal.
C. Notice of the public meeting shall be mailed by certified mail, return
receipt requested, to owners of record of land immediately adjoining
and within 200 feet of the proposed exemption, to mineral owners and
lessees of mineral owners of record of the land proposed for
exemption, and to tenants of any structure proposed for conversion.
The exemption site shall be posted clearly and conspicuously visible
from a public right-of-way with notice signs provided by the Planning
Division. All notices shall be mailed at least fifteen (15) and not
more than thirty (30) days prior to the meeting. The applicant shall
be responsible for mailing the notices and shall present proof of
mailing at the meeting.
D. At or within fifteen (15) days of the meeting, the Board shall
approve, conditionally approve or deny the exemption request. The
reasons for denial or any conditions of approval shall be set forth in
the minutes of the meeting or in a written resolution. An applicant
denied exemption shall follow the subdivision procedure in these
Regulations.
•
VICINITY MAP
AS ATTACHMENT TO
PETITION FOR EXEMPTION
JAMES H. STEPHENS
• •
ATTACHMENT TO PETITION FOR EXEMPTION
JAMES H. STEPHENS
REASON FOR APPLICATION
This application for exemption concerns two parcels to be split
out of a larger parcel in Section 23 of Township 3 South, Range
87 West of the 6th P.M. The more easterly parcel (hereafter
called the homesite parcel) is occupied by Mr. and Mrs. James
H. Stephens, Sr., who recently have retired. They had earlier
conveyed all of their interest in the larger tract of land
subject of this application to their son James H. Stephens, the
applicant. Since Mr. Stephens, Sr. was born on the ranch, he
desired to continue to live on a portion of it and has built a
house and has occupied the ten acre tract. The exemption
application is to permit a conveyance to Mr. Stephens, Sr. of
the parcel of land on which he is residing.
The second parcel along the north side of Sweetwater Creek
(hereafter referred to as the creekside property) is more
desireable for homesite use, and a buyer has been found who is
interested in purchasing the property. The creekside property
is split from the rest of the parcel by a natural feature. to
wit Sweetwater Creek, preventing joint use with the remaining
parcel, and an express request is hereby made not to consider
said parcel to have been created by exemption with regard to
the four lot, parcel, interest, or dwelling unit limitation
otherwise applicable.
• •
SKETCH MAP
AS ATTACHMENT TO
PETITION FOR EXEMPTION
JAMES H. STEPHENS
• w
SKETCH MAP WITH VICINITY MAP
AS ATTACHMENT TO
PETITION FOR EXEMPTION
JAMES H. STEPHENS
• •
COPY OF DEED SHOWING OWNERSHIP
AS ATTACHMENT TO
PETITION FOR EXEMPTION
JAMES H. STEPHENS
Reception No. 0 4iJ�)1i MILDRED ALSDORF, RECORDER
9l% { ly Jeeo(
KNOW ALL MEN BY THESE PRESENTS THAT
! STEPHENS LAND CO.
t
First Party c/o William A. Stephens
Sweetwater Route
P.O. Box or Street Address
Gypsum, Colorado 81637
City State Zip
for anci in consideration of ten dollars and other valuable considerations, in hand paid, hereby sells and conveys to
JAMES H. STEPHENS
RECORDER
GARIIELD
JINN 1 .t Wit
State Doc. Foe
* 0 a Colorado Corporation
0 a Partnership
RI a Limited Partnership
Second Party
2700 G. Road, Unit 4D
P.O. Box or Street Address
Grand Junction, Colorado 81501
I City
Ithe following described
)
1
State Zip
* 3 individuarly
O joint tenancy
❑ tenancy in common
O a Colorado Corporation
❑ a Partnership
❑ a Limited Partnership
property in the County of Garfield
See Exhibit "A" attached hereto
made a part hereof.
and
and State of Colorado:
by reference
with ail its appurtenances and warrants title to the same, except and subject to general property taxes for the
current year, U.S. patent reservations and exceptions, any and all easements and rights of way of a public or
private nature, planning, zoning and other governmental rules and regulations and prior oil, gas and other
mineral reservations and exceptions, if any
SIGNED this__lL_tbday of June , A.D. 19 82
STATE OF COLORADO
COUNTY OF GARFIELD
g82
by William A. Stephens
a limj.t€d partnership.
%W.i:tnr s illy hand and official seal.
,•
- My core rni'icn) expires: 2-27-85
{
ki l 4
r f L t. h -
NOTE ..
If appit;cable, Ynark square with x.
Singular ShaltinbI`nde plural as context requires.
STEPHENS LAND CO., alimited partnership
By: :/
William A. Step ep
ss.
•
general partner
The foregoing instrument was acknowledged before me this 1lth day of
June
as general partner for STEPHENS LAND CO.,
iI
P. O. t oma' 4,00
Glenwood -Springs, CO 81602
Ne tary Public
r -,
a+ean . • 1 -
•
1
EXHIBIT "A"
•61,:11 60i_ E 13 >
JAMES H. STEPHENS PROPERTY
Township 3 South, Range 87 West, 6th P.M.
Section 20
SEaNE4, NE4SE4, sometimes described as Tract 44
Section 21
S1/2N1/2, NzSz, and the easterly 30 acres of the SE4SE 4
Section 22
S1/2, NE4NE4
Section 23
NW4NW4, . W 2SW4,
S2NW4 except that part of the SE4NW1/4 lying northerly
and easterly of the centerline of Sweetwater Creek;
All that part of the S2NE4 lying southwesterly of the
centerline of Sweetwater Creek and south and westerly
of the county road;
All that part of the N2SE4 lying north and westerly of
the county road;
NEaSW4 excepting a triangular tract in the southeast
corner of said NE1/4SW4 described as follows:
Beginning at the southeast corner•of said NE4SW4,
thence 330 feet more or less along the south
boundary of said NE1/4SW4 to the county road right-
of-way or to a point nearest to the south boundary
of said road right-of-way, thence north to said
road right-of-way, if necessary, .thence northeasterly
along the said road right-of-way to the east
boundary of the said NE4SW1/4, thence southerly to
the point of beginning.
Section 27
All that part of the N1 of Section 27 described as.
follows:
Beginning at the corner common to Section 22, 23,
26 and 27, thence southerly along the east boundary
of said Section 27 approximately 900 feet to the
point of intersection with an East-West fence
line, thence westerly along said fence line approximately
2,900 feet to the point of intersection with a
North-South fence line, thence northerly along
said North-South fence line to the north quarter
corner of Section 27, thence easterly along said
north line to the point of beginning.
The county road above referred to is particularly described
in book 133 at page 154 of the Garfield County records.
Excepting the following tracts of land:
1. That tract of land conveyed to Eugene E. Godat and
Fawntella C. Godat containing 1.24 acres as described
0 Gi1
'1x 01,,'!cE
13
'
in a deed recorded in book 362, at page 212, Document
No. 227777 of the Garfield County records;
2. That tract of land conveyed to Jacob L. Scott III
containing 57.3 acres described in a deed recorded in
book 464, page 526, Document No. 264819 of the Garfield
County records.
All of the above described property contains 1130.84 acres
more or less.
Together with any and all ditch and water rights appurtenant
to or connected with the above described property including,
but not limited to the following:
Priority
Number . Ditch
Source Amount
#336 Four Creek Ditch Grunner Creek 2.5 cfs (1/3 Interes
#369 Four Creek Ditch Lake Creek 7.9 cfs (1/3 Interes
#205 Horse Meadow Ditch Lake Creek 7.5 cfs (1/3 Interes
Together with any and all grazing rights and privileges connected
therewith, including the right to graze 203 head of cattle as
granted by the U.S. Forest Service.
• •
ATTACI-IMENT TO PETITION FOR EXEMPTION
JAMES H. STEPHENS
Names and addresses of owners of record of land immediately
adjoining and within 200 feet of the proposed exemption.
James H. Stephens
2837 Grand Falls Circle, #4
Grand Junction, Colorado 81501
Mr. William A. Stephens
Sweetwater Route
Gypsum, Colorado 81637
Eugene E. & Fountella C. Godat
Star Rt.
1299 Sweetwater Rd.
Gypsum, Colorado 81637
William J. Martin
Sweetwater Rt.
Gypsum, Colorado 81637
Bureau of Land Management
ATTN: Area Manager
P.U. Box 1009
Glenwood Springs, Colorado 81602
• 1
EVIDENCE OF SOIL TYPES
AS ATTACHMENT TO
PETITION FOR EXEMPTION
JAMES H. STEPHENS
%ars ^ ' '..�'P ; P I ►14 ' t: t 4re ha :
I>1.. I'
2414FX 2
let
Z4tf,
35Er
•35F
'WE
:; 44F
:44 y1p
411. Tbe
-?►436E
,
f ‘'ice• +3
X14 E
•
•
•
•
ri'
r -
Ix
t• If F'
•
•35E
r t
•
•
•
s
k•'4
• �- ,J-
tivir
•
56E.
p.
E2►L v\lsfovI �z
9 L`4(F)
10
i (5E)
y 0 (`I 5 E)
Lip, (fw)
w (X 10E)
„(0 (5(9 0)1
(07 (5 E)"
q5 (x (YE)
so►k sU(Q_Y
• •
4/86
9--Ansel-Anvik association, 25 to 45 percent slopes. This map unit
is on fans, foot slopes and mountainside slopes. Elevation is 7,500 to
9,500 feet. The average annual precipitation is 18 to 22 inches, the
average annual air temperature is 38 to 40 degrees F, and the average
frost -free period is 70 to 80 days.
This unit is 70 percent Ansel and 20 percent Anvik.
Included in this unit are small areas of Skylick, Sligting and Gothic
soils. Included areas make up about 10 percent of the total acreage.
The Ansel soil is deep and well drained. It formed in alluvium derived
dominantly from mixed mineralogy parent materials. The surface layer is
light brownish gray loam 23 inches thick. The upper 25 inches of the
subsoil is stony clay loam. The lower part to a depth of 60 inches is clay
loam.
Permeability of the Ansel soil is moderately slow. Available water
capacity is high. Effective rooting depth is 60 inches or more. Runoff is
rapid, and the hazard of water erosion is very high.
The Anvik soil is deep and well drained. It formed in alluvium and
colluvium derived dominantly frau mixed mineralogy parent materials. The
surface layer is grayish brown loam 12 inches thick. The subsurface layer
is light gray loam 6 inches thick. The subsoil is cobbly clay loam 24
inches thick. The underlying material to a depth of 60 inches is cobbly
clay loam.
Permeability of the Anvik soil is moderate. Available water capacity is
moderate. Effective rooting depth is 60 inches or more. Runoff is rapid,
and the hazard of water erosion is very high.
This unit is used for woodland and wildlife habitat.
•
This unit is suited to the production of Douglas fir. Based on a site
index of 85, it can produce about 7,700 cubic feet, or 46,200 board feet
(International rule), of merchantable timber per acre from a fully stocked
stand of even -aged trees 100 years old. The main concern in producing and
harvesting timber is slope. Conventional methods of harvest are difficult
to use because of the steepness of slope.
This unit is poorly suited to homesite development. The main
limitations are steepness of slope and slumping when excavations or road
cuts are made.
This map unit is in capability subclass Vile, nonirrigated. It is in
Spruce -Fir woodland site.
6/85
10--Anvik-Skylick-Sligting association, 10 to 25 percent slopes.
This map unit is on fans and mountainside slopes. Elevation is 7,500 to
9,500 feet. The average annual precipitation is 18 to 22 inches, the
average annual air temperature is 38 to 40 degrees F, and the average
frost -free period is 70 to 80 days.
This unit is 30 percent Anvik, 30 percent Skylick and 30 percent
Sligting.
Included in this unit are small areas of Cochetopa, Antrobus, Jerry,
Forsey, Coulterg and Ansel soils. Included areas make up about 10 percent
of the total acreage.
The Anvik soil is deep and well drained. It formed in alluvium and
colluvium derived dominantly from mixed mineralogy parent materials. The
surface layer is grayish brown loam 12 inches thick. The subsurface layer
is light gray loam 6 inches thick. The subsoil is cobbly clay loam 24
inches thick. The underlying material to a depth of 60 inches is cobbly
clay loam.
Permeability of the Anvik soil is moderate. Available water capacity is
moderate. Effective rooting depth is 60 inches or more. Runoff is medium,
and the hazard of water erosion is very high.
The Skylick soil is deep and well drained. It formed in residuum and
colluvium derived dominantly from sandstone. The surface layer is very dark
grayish brown loam 31 inches thick. The upper 17 inches of the subsoil is
clay loam. The lower part to a depth of 60 inches is gravelly sandy clay
loam.
Permeability of the Skylick soil is moderately slow. Available water
capacity is high. Effective rooting depth is 60 inches or more. Runoff is
medium, and the hazard of water erosion is very high.
9y
•
/0 --
The Sligting soil is deep and well drained. It formed in residuum and
colluvium derived dominantly from sandstone and basalt. The surface layer
is very dark grayish brown stony loam 24 inches thick. The next 6 inches is
extremely cobbly clay loam. The upper 6 inches of the subsoil is very
cobbly clay. The lower part to a depth of 60 inches or more is very stony
clay.
Permeability of the Sligting soil is slow. Available water capacity is
low. Effective rooting depth is 60 inches or more. Runoff is medium, and
the hazard of water erosion is very high.
This unit is used for woodland, wildlife habitat and rangeland.
This unit is well suited to the production of aspen. Based on a site
index of 65, it can produce about 2,880 cubic feet, or 1,500 board feet
(Scribner rule) , of merchantable timber per acre from a fully stocked stand
of even -aged trees 80 years old.
The plant community on this unit is mainly bearded wheatgrass, fescues,
native bromes, and mountain snowberry. Other less numerous plants that
characterize this site are native needlegrasses, many forbs and other
shrubs. If the range condition deteriorates Canada thistle, Kentucky
bluegrass, timothy and many others increase. The potential production of
the native understory vegetation in normal years is about 3,000 pounds of
air- city vegetation per acre.
This unit is poorly suited to homesite development. The main
limitations are steepness of slope, shrink -swell potential, and slumping
when excavations or road cuts are made.
This map unit is in capability subclass VIe, nonirrigated. It is in
Aspen woodland site.
'1 J
• •
4/86
18--Cochetopa-Antrobus association, 12 to 25 percent slopes. This
map unit is on mountainsides and fans. Elevation is 8,500 to 10,500 feet.
The average annual precipitation is 18 to 20 inches, the average annual air
temperature is 36 to 38 degrees F, and the average frost -free period is 45
to 60 days.
This unit is 45 percent Cochetopa loam and 35 percent Antrobus very
stony loam. The Cochetopa soil is on broad slightly concave sites, and the
Antrobus soil is on steeper convex slopes. The components of this unit are
so intricately intermingled that it was not practical to map them separately
at the scale used. Included in this unit are small areas of Forsey and
Jerry soils. Included areas make up about 20 percent of the total acreage.
The Cochetopa soil is deep and well drained. It formed in alluvium
derived dominantly from basalt. Typically, the upper part of the surface
layer is dark grayish brown loam about 3 inches thick. The lower part is
very dark grayish brown clay loam about 11 inches thick. The subsoil is
clay loam 24 inches thick. The substratum to a depth of 60 inches or more
is gravelly clay loam. The soil is noncalcareous to a depth of 40 to 60
inches and calcareous below that depth.
Permeabilty of the Cochetopa soil is slaw. Available water capacity is
moderate. Effective rooting depth is 60 inches or more. Runoff is rapid,
and the hazard of water erosion is moderate.
The Antrobus soil is deep and well drained. It formed in alluvium and
colluvium derived dominantly from basalt. Typically, the surface is covered
with 12 to 15 percent stones and 25 percent cobble. The upper part of the
surface layer is dark grayish brown very stony loam about 8 inches thick.
The lower part is brown very stony loam about 5 inches thick. The
underlying material to a depth of 60 inches or more is extremely stony loam.
The soil is calcareous throughout the profile.
!/3
a--
Permeability of the Antrobus soil is moderate. Available water
capacity is low. Effective rooting depth is 60 inches or more. Runoff is
rapid, and the hazard of water erosion is moderate. This unit is used for
rangeland and homesite development.
The potential plant conuunity on the Cochetopa soil is mainly Thurber
fescue, bearded wheatgrass, Columbia needlegrass, mountain brome, and Idaho
fescue.
Western wheatgrass, mountain snowberry, geranium, and western yarrow
are also present in the potential plant community. Also included are small
areas of Aspen. The average annual production of air-dry vegetation is
about 2,800 pounds per acre. If the range condition deteriorates, Kentucky
bluegrass, geranium, Douglas rabbitbrush, and western yarrow increase.
The potential plant community on the Antrobus soil is mainly bluebunch
wheatgrass, needlegrasses, antelope bitterbrush, mountain big sagebrush, and
Saskatoon serviceberry. Other less numerous plants that characterize this
site are Douglas rabbitbrush and mountain snowberry. The average annual
production of air-dry vegetation is about 1,200 pounds per acre. if the
range condition deteriorates, mountain big sagebrush, Douglas rabbitbrush,
needlegrasses, and annual weeds increase.
The suitability of this unit for rangeland seeding is low. The main
limitations for seeding are steep slopes and stony surfaces. Management
practices suitable for use on this unit are proper range use, deferred
grazing, rotation grazing, and aerial spraying for brush management.
If this unit is used for homesite development, the main limitations are
high shrink-swell and stoniness. Buildings and roads should be designed to
offset the effects of shrinking and swelling.
This map unit is in capability subclass Vle, nonirrigated. The
Cochetopa soil is in Subalpine Loam range site and the Antrobus soil is in
Stony Loam range site.
•
6/85
40 --Evanston loam, 25 to 45 percent slopes. This map unit is on
alluvial and colluvial fans, terraces, and valley sides. Elevation is 6,500
to 8,000 feet. The average annual precipitation is 13 to 15 inches, the
average annual air temperature is 42 to 46 degrees F, and the average
frost -free period is 80 to 90 days. The native vegetation is mainly woody
shrubs, grasses, and forbs, and a few scattered small conifer trees.
Included in this unit are small areas of Tridell soils, and areas of
Evanston soil at less than 25 percent slopes. Included areas make up about
15 percent of the total acreage.
The Evanston soil is deep and well drained. It formed in alluvium and
colluvium derived dominantly from materials of mixed mineralogy. Typically,
the surface layer is brown loam 12 inches thick. The subsoil is clay loam
13 inches thick. The substratum is loam to a depth of 60 inches or more.
Permeability of the Evanston soil is moderate. Available water
capacity is high. Effective rooting depth is 60 inches or more. Runoff is
rapid, and the hazard of water erosion is high.
This unit is used mainly for rangeland. It is also used for wildlife
habitat.
The potential plant community on this unit is mainly bluebunch
wheatgrass, western wheatgrass, muttongrass, Douglas rabbitbrush, and
mountain big sagebrush. Utah serviceberry, mountain snowberry, prairie
junegrass, and Ross sedge commonly are also present in the potential plant
community. The average annual production of air-dry vegetation is about
1,500 pounds per acre. If the range condition deteriorates, mountain big
sagebrush, Douglas rabbitbrush, cheatgrass, and annual weeds increase.
/4y
• •
"
Management practices suitable for use on this unit are proper grazing
use and a planned grazing system. The suitability of this soil for
rangeland seeding is poor. The main limitation for seeding is steepness of
slope. Slope limits access by livestock and results in overgrazing of the
less sloping areas.
This unit is poorly suited for homesite development. The main
limitation is slope.
This map unit is in capability subclass VIIe, nonirrigated. It is in
the Deep Loam range site.
I
•
4/86
42--Fluvaquents, 0 to 10 percent slopes. This broadly defined unit
consists of deep, somewhat poorly drained, nearly level soils on flood
plains and alluvial valley floors. The soils formed in alluvium.
Fluvaquents are stratified and vary widely in texture and depth to sand,
gravel and cobbles. The surface layer is loamy sand to fine sandy loam and
silty loam to clay loam. The underlying layers are generally sandy loam or
loam stratified with sand, gravel, and cobbles. In some areas, gravel and
cobbles are on or near the surface.
The water table fluctuates between depths of 0.5 and 2 feet, during
spring and sumer. These soils are subject to brief, occasional flooding
late in spring and early in summer.
Included in mapping are small isolated areas of Redrob soils. Small,
isolated areas where water stands at or near the surface all year are
identified by wet spot and marsh spot symbols. These areas make up 15
percent of the map unit.
These soils are used for wildlife habitat, recreation, and grazing.
The native vegetation is mainly cottonwood, willow, and water tolerant
grasses, sedges, and rushes.
Mule deer, cottontail rabbit, coyote, bobcat, ducks, geese, and other
native birds find food and shelter on these soils. Where feasible, planting
small grain, trees, and shrubs enhances the habitat for upland wildlife.
This map unit is poorly suited to homesite development. The main
limitations are flooding and the seasonal high water table.
The map unit is in capability subclass VIw, nonirrigated. The range
site is Riverbottan. At higher elevations it is a Mountain Meadow range
site.
• •
4/86
44--Forelle-Brownsto complex, 12 to 25 percent slopes. This map
unit is on mountain valleys and side slopes. Elevation is 6,500 to 7,500
feet. The average annual precipitation is 12 to 14 inches, the average
annual air temperature is 40 to 44 degrees F, and the average frost -free
period is 85 to 105 days. The native vegetation is mainly woody shrubs,
grasses, and forbs with scattered small conifers.
This unit is 50 percent Forelle and 35 percent Brownsto. The
components of this unit are so intricately intermingled that it was not
practical to map then separately at the scale used.
Included in this unit are small areas of Tridell soils and basalt Rock
outcrop on knolls. Also included are small areas of Mussel and Norval soils
in more gently sloping areas. Included areas make up about 15 percent of
the total acreage.
The Forelle soil is deep and well drained. It formed in mixed alluvium
and aeolian material derived dominantly from volcanic material and
sedimentary and igneous rock. Typically, the surface layer is brown loam 6
inches thick. The subsoil is light clay loam 24 inches thick. The
underlying material to a depth of 60 inches is loam. The soil is mildly
alkaline to a depth of 10 inches and moderately alkaline below that depth.
Permeability of the Forelle soil is moderate. Available water capacity
is high. Effective rooting depth is 60 inches or more. Runoff is rapid,
and the hazard of water erosion is very high. Areas that contain volcanic
ash have a very high hazard of erosion.
• •
The Brownsto soil is deep and well drained. It formed in alluvium
derived dominantly from coarse textured calcareous sandstone and basalt.
Typically, the upper part of the surface layer is light brownish gray
gravelly sandy loam 4 inches thick. The lower part is light brownish gray
gravelly loam 7 inches thick. The upper 19 inches of the underlying
material is very gravelly sandy loam. The next 12 inches is very gravelly
loamy sand. The lower part to a depth of 60 inches is gravelly sandy loam.
A thin layer of partially decomposed needles, twigs, and leaves is on the
surface in many places.
Permeability of the Brownsto soil is moderate. Available water
capacity is low. Effective rooting depth is 60 inches or more. Runoff is
rapid, and the hazard of water erosion is very high.
This unit is used for rangeland and wildlife habitat.
The potential plant community on the Forelle soil is mainly western
wheatgrass, bluebunch wheatgrass, Indain ricegrass, Douglas rabbitbrush, and
Wyoming big sagebrush. Muttongrass, streambank wheatgrass, and winterfat
are also present in the potential plant community. The average annual
production of air-dry vegetation is about 800 pounds per acre. If the range
condition deteriorates, Wyoming big sagebrush, Douglas rabbitbrush, and
cheatgrass increase.
/7._;
•
The potential plant community on the Brownsto soil is mainly
needleandthread, Indian ricegrass, western wheatgrass, and Wyoming big
sagebrush. Bluebrush wheatgrass, bottlebrush squirreltail, and scattered
Utah juniper and pinyon pine are also present in the potential plant
community. The average annual production of air-dry vegetation is about 600
pounds per acre. If the range condition deteriorates, Wyoming big
sagebrush, Douglas rabbitbrush, cheatgrass, and annual weeds increase.
Management practices suitable for use on this unit are proper grazing use
and a planned grazing system.
If the range vegetation is seriously deteriorated, seeding is needed.
The main limitation for seeding is stoniness on the Brownsto soil. For
successful seeding, prepare a seedbed and drill the seed. On the Forelle
soil, brush management improves deteriorated areas of range that are
producing more woody shrubs than were present in the potential plant
community. Slope limits access by livestock and results in overgrazing of
the less sloping areas.
If this unit is used for homesite development, the main limitation is
slope.
This map unit is in capability subclass VIe, nonirrigated. The Forelle
soil is in the Rolling Loam range site and the Brownsto soil is in the Stony
Foothills Range site.
• •
4/86
66--Jerry-Millerlake loams, 6 to 25 percent slopes. This map unit
is on alluvial fans and mountainside slopes. Elevation is 7,500 to 9,500
feet. The average annual precipitation is 20 to 22 inches, the average
annual air temperature is 40 to 44 degrees F, and the average frost -free
period is 75 to 85 days.
The vegetation in areas not cultivated is mainly woody shrubs, grasses,
and forbs.
This unit is 50 percent Jerry and 40 percent Millerlake. The components
of this unit are so intricately intermingled that it was not practical to
map them separately at the scale used.
Included in this unit are small areas of Cochetopa, Antrobus, Anvik,
Skylick, Sligting, Yeljack, and Callings soils. Included areas make up
about 10 percent of the total acreage.
The Jerry soil is deep and well drained. It formed in alluvium derived
dominantly from sandstone and shale. Typically, the surface layer is dark
grayish brown loam 11 inches thick. The subsoil is channery clay loam 23
inches thick. The substratum to a depth of 60 inches is very channery clay
loam. Coarse fragment content ranges from 15 to 35 percent by volume in a
major part of the B and C horizons.
Permeability of the Jerry soil is moderate. Available water capacity is
moderate. Effective rooting depth is 60 inches or more. Runoff is rapid,
and the hazard of water erosion is very high.
1
•
The Millerlake soil is deep and well drained. It formed in alluvium
derived dominantly from sedimentary bedrock. Typically, the surface layer
is dark gray loam 19 inches thick. The subsoil is clay loam 11 inches
thick. The upper 14 inches of the substratum is clay loam. The lower part
to a depth of 60 inches is very cobbly loam. Depth to secondary calcium
carbonate ranges from 15 to 40 inches.
Permeability of the Millerlake soil is moderately slow. Available water
capacity is high. Effective rooting depth is 60 inches or more. Runoff is
medium, and the hazard of water erosion is moderate.
This unit is used for rangeland, pastureland, and wildlife habitat.
The potential plant community on the Jerry soil is mainly mountain
brome, elk sedge, mountain snowberry, Gambel oak, and Saskatoon
serviceberry. Other less extensive grasses that characterize this unit are
slender wheatgrass, needlegrasses, and western wheatgrass. The average
annual production of air-dry vegetation is about 2,000 pounds per acre. If
the condition of the range deteriorates, Gambel oak, mountain snowberry, and
Saskatoon serviceberry increase.
The potential plant community on the Millerlake soil is mainly bluebunch
wheatgrass, Indian ricegrass, needlegrass, and Saskatoon serviceberry.
Other less numerous plants that characterize this site are muttongrass,
Idaho fescue, antelope bitterbrush, and mountain big sagebrush. The average
annual production of air-dry vegetation is about 1,200 pounds per acre. If
the range condition deteriorates, mountain big sagebrush, mountain snowberry
and forbs increase. These plants are dominant when the range is in poor
condition; therefore, grazing should be managed so that the desired balance
of species is maintained in the plant community. If the condition of the
range deteriorates, Canada thistle, cheatgrass, stickseed, knotweed,
tarweed, and hounds tongue increase. Range seeding is suitable if the range
is in poor condition.
2/2
• •
bb --
This unit is well suited to hay and pasture. The main limitation is
slow to moderate permeability. If properly managed, this unit can produce 4
tons of irrigated grass hay per acre.
If this unit is used for homesite development, the main limitations are
shrink -swell potential and large stones. Population growth has resulted in
increased construction of homes on this unit. Removal of gravel and cobbles
in disturbed areas is needed for best results when landscaping, particularly
in areas used for lawns. The effects of shrinking and swelling can be
minimized by using proper engineering designs and by backfilling with
material that has low shrink -swell potential.
The map unit is in capability subclass VIe, irrigated, and VIe,
nonirrigated. The Jerry soil is in Brushy Loam site and the Millerlake soil
is in Stony Loam site.
/3
•
4/86
67--Jerry-Millerlake loams, 25 to 45 percent slopes. This map unit
is on alluvial fans and mountainside slopes. Elevation is 7,500 to 9,500
feet. The average annual precipitation is 20 to 22 inches, the average
annual air temperature is 40 to 44 degrees F, and the average frost -free
period is 75 to 85 days.
The vegetation in areas not cultivated is mainly woody shrubs, grasses,
and forbs.
This unit is 50 percent Jerry and 40 percent Millerlake. The components
of this unit are so intricately intermingled that it was not practical to
map than separately at the scale used.
Included in this unit are small areas of Cochetopa, Antrobus, Anvik,
Skylick, Sligting, Yeljack, and Callings soils. Included areas make up
about 10 percent of the total acreage.
The Jerry soil is deep and well drained. It formed in alluvium derived
dominantly from sandstone and shale. Typically, the surface layer is dark
grayish brawn loam 11 inches thick. The subsoil is channery clay loam 23
inches thick. The substratum to a depth of 60 inches is very channery clay
loam. Coarse fragment content ranges from 15 to 35 percent by volume in a
major part of the B and C horizons.
Permeability of the Jerry soil is moderate. Available water capacity is
moderate. Effective rooting depth is 40 to 60 inches. Runoff is rapid, and
the hazard of water erosion is very high.
The Millerlake soil is deep and well drained. It formed in alluvium
derived dominantly from sedimentary bedrock. Typically, the surface layer
is dark gray loam 18 inches thick. The subsoil is clay loam 11 inches
thick. The upper 14 inches of the substratum is clay loam. The lower part
to a depth of 60 inches is very cobbly loam. Depth to secondary calcium
carbonate ranges from 15 to 40 inches.
/1/
67 --
Permeability of the Millerlake soil is moderately slow. Available water
capacity is high. Effective rooting depth is 60 inches or more. Runoff is
rapid, and the hazard of water erosion is very high.
This unit is used for rangeland and as a wildlife habitat.
The potential plant community on the Jerry soil is mainly mountain
brome, elk sedge, mountain snowberry, Gambel oak, and Saskatoon
serviceberry. Other less extensive grasses that characterize this unit are
slender wheatgrass, needlegrasses, and wheatgrasses. The average annual
production of air-dry vegetation is about 2,000 pounds per acre. If the
condition of the range deteriorates, Gambel oak, mountain snowberry, and
Saskatoon serviceberry increase.
The potential plant community on the Millerlake soil is mainly bluebunch
wheatgrass, Indian ricegrass, needlegrass, and Saskatoon serviceberry.
Other less numerous plants that characterize this site are muttongrass,
Idaho fescue, antelope bitterbrush, and mountain big sagebrush. The average
annual production of air-dry vegetation is about 1,200 pounds per acre. If
the range condition deteriorates, mountain big sagebrush, mountain snowberry
and forbs increase. These plants are dominant when the range is in poor
condition; therefore, grazing should be managed so that the desired balance
of species is maintained in the plant community. If the condition of the
range deteriorates, Canada thistle, cheatgrass, stickseed, knotweed, tarweed
and hounds tongue increase. The suitability of this unit for rangeland
seeding is poor.
67--
This unit is well suited to hay and pasture. The main limitations are
slow to moderate permeability. If properly managed, this unit can produce 4
tons of irrigated grass hay per acre.
If this unit is used for homesite development, the main limitations are
shrink-swell potential, large stones, and slope. Population growth has
resulted in increased construction of homes on this unit. Removal of gravel
and cobbles in disturbed areas is needed for best results when landscaping,
particularly in areas used for lawns. The effects of shrinking and swelling
can be minimized by using proper engineering designs and by backfilling with
material that has low shrink-swell potential.
This map unit is in capability subclasss Vile, nonirrigated. The Jerry
soil is in Brushy Loam site and the Millerlake soil is in Stony Loam site.
• 1
pis
• •
4/86
95--Showalter-Norval complex, 15 to 25 percent slopes. This map
unit is on alluvial fans, high terraces, and valley sides. Elevation is
7,000 to 8,500 feet. The average annual precipitation is 14 to 16 inches,
the average annual air temperature is 42 to 44 degrees F, and the average
frost -free period is 80 to 90 days.
This unit is 45 percent Showalter very stony loam and 35 percent Norval
loam. The components of this unit are so intricately intermingled that it
was not practical to map them separately at the scale used. The Showalter
soils occupy convex parts of the landscape, and Norval soils are in more
concave positons.
Included in this unit are small areas of soils similar to this Norval
soil which have 30 to 50 percent cobble in the substratum. Included areas
make up about 20 percent of the total acreage.
The Showalter soil is deep and well drained. Ipercent gravel.
The surface layer is brown very stony loam 8 inches thick. The upper 3
inches of the subsoil is very cobbly clay loam. The lower 28 inches of the
subsoil is very cobbly clay. The substratum to a depth of 60 inches or more
is very cobbly clay loam.
Permeability of the Showalter soil is slow. Available water capacity
is moderate. Effective rooting depth is 60 inches or more. Runoff is
medium, and the hazard of water erosion is moderate.
The Tbrval soil is deep and well drained. It formed in alluvium
derived dominantly from basalt. Typically, the surface layer is brown loam
7 inches thick. The upper 12 inches of the subsoil is clay loam. The lower
4 inches is loam. The substratum to a depth of 60 inches is loam. The soil
is noncalcareous to a depth of 19 inches and calcareous below that depth.
• A
qs
Permeability of the rbrval soil is moderate. Available water capacity
is moderate. Effective rooting depth is 60 inches or more. Runoff is
medium, and the hazard of water erosion is slight.
This unit is used for rangeland, hayland, and homesite development.
The potential plant community on the Showalter soil is mainly bluebunch
wheatgrass, western wheatgrass, prairie junegrass, Indian ricegrass, true
mountainmahogany, antelope bitterbrush, Saskatoon serviceberry, and big
sagebrush. The average annual production of air-dry vegetation is about 900
pounds per acre. The potential plant community on the Norval soil is mainly
needleandthread, western wheatgrass, muttongrass, praire junegrass, and big
sagebrush. The average annual production of air-dry vegetation is about
1,500 pounds per acre.
If this unit is used for rangeland seeding or mechanical treatment, the
main limitation is stones on the surface of the Showalter component.
Management practices suitable for use on this soil are proper range use,
deferred grazing, rotation grazing, and aerial spraying for brush
management.
If this unit is used for hay and pasture, the main limitations are
stones on the surface, steep slopes, and slow permeability of the Showalter
soil. Grasses and legumes grow well if adequate fertilizer is used.
This unit is very poorly suited to homesite development. The main
limitations are slope, shrink -swell, and stones throughout the profile.
This map unit is in capability subclass VIe, nonirrigated. The
Showalter soil is in Loamy Slopes range site, and the Norval soil is in Deep
Loam range site.
2_7v-71
• •
ATTACHMENT TO PETITION FOR EXEMPTION
JAMES H. STEPHENS
Proof of legal and adequate source of domestic water
With respect to the homesite parcel, the applicant has applied
with the Water Court for adjudication of a spring on the
proposed subdivided parcel which provides approximately 0.033
cfs of water which is used exclusively for domestic purposes
within the house on the property. Sewage disposal is by means
of septic tank and leach field, and there is no fire protection
plan or fire protection district which has jurisdiction over
the proposed subdivision.
With respect to the creekside parcel, there is a sufficient
water table and sufficient irrigation water is being conveyed
in conjunction with said parcel to allow for drilling a well
for domestic water use, or in the alternative developing a
water augmentation plan. However, as the site of any dwelling
on the parcel has not been determined, a well has not been
sited and not currently applied for. Also, this is an expense
that it is contemplated would be borne by the grantee and not
by the applicant.
•
III
COPY
Ori i,eI Pil.d
Clerk
DISTRICT COURT. WATER DIVISION NO. 5, COLORADO By
Case No. g CrI.J o$?.
APPLICATION FOR SURFACE WATER RIGIII'
CONCERNING THE APPLICATION FOR WATER RIGHTS OF JAMES H.
STEPHENS, IN GARI''1ELD COUNTY
Deputy
1. Name, address and telephone number of Applicant:
JAMES H. STEPHENS
2837 Grand Falls Circle No. 4
Grand Junction. Colorado 81501
Telephone: (303) 243-3418
2. Name of structure: Stephens Spring and Pipeline.
3. Legal description of the point of diversion:
The Spring and intake with a pipeline is located on a
parcel in the NE% and the SE' of Section 23, Township 3
South, Range 87 West of the Sixth Principal Meridian. in
Garfield County, Colorado, at a point bearing N. 13°30' W.
390 feet from the Point "A" referred to and described in
Paragraph 8 hereinbelow.
4. Source: Sweetwater Creek, which is tributary to the
Colorado River.
5. Appropriate and application to beneficial use:
A. Date of initiation of appropriation: May 1, 1985.
B. Date water applied to beneficial use: June 15,
1985.
C. How appropriation was initiated: By location of
the point of diversion and application of the water to
beneficial use.
6. Amount claimed: .033 cubic feet per second, absolute.
7. Use: Domestic.
8. Description of the land upon which the water right is
used:
The Stephens Spring and Pipeline is used in connection with a
residence of Applicant upon a parcel of land located in the NE%
and the SE% of Section 23, Township 3 South, Range 87 West of
the Sixth Principal Meridian, Garfield County, Colorado. Said
parcel is more particularly described as follows:
Beginning at a point from which the East One -Quarter corner
of said Section 23 bears S. 89°03'40" E. 2037.38 feet
distant; thence S. 32°13'36" E. 440.02 feet; thence S.
47°51'24" E. 80.80 feet to a point which is twenty feet
northerly of the centerline of Garfield County Road No.
151, also being the most southerly point of the tract of
land herein described, hereinafter designated as Point "A";
thence continuing along the northerly and westerly sides of
said Road, parallel to and twenty feet from the centerline
of said Road, the following courses and distances:
1) N. 41°13'19" E. 138.50 feet;
2) 377.87 feet on the arc of a curve to the right having a
radius of 300.73 feet, the chord of which bears N.
77°13'06" E. 353.50 feet;
3) 64.62 feet on the arc of a curve to the left having a
radius of 103.88 feet, the chord of which bears S.
84°36'27" E. 63.59 feet;
4) 20.32 feet on the arc of a curve to the left having a
radius of 17.14 feet, the chord of which bears N.
43°36'10" E. 19.15 feet;
5) 190.80 feet on the arc of a curve to the left having a
radius of 648.64 feet, the chord of which bears N.
01°12'30" E. 190.11 feet;
6) N. 07°13'07" W. 32.41 feet;
7) 71.47 feet on the arc of a curve to the left having a
radius of 547.39 feet, the chord of which bears N.
10°57'33" W. 71.41 feet;
8) N. 14°41'58" W. 28.21 feet;
9) 120.85 feet on the arc of a curve to the right having a
radius of 396.25 feet, the chord of which bears N.
05°57'44" W. 120.38 feet;
10) 154.56 feet on the arc of a curve to the left having a
radius of 821.86 feet, the chord of which bears N.
02°36'45' W. 154.34 feet;
11) N. 07°57'49" W. 9.25 feet;
12) 129.14 feet on the arc of a curve to the left having a
radius of 136.42 feet, the chord of which bears N.
35°04'54" W. 69.86 feet;
13) 80.92 feet on the arc of a curve to the right having a
radius of 182.73 feet, the chord of which bears N.
49°30'47" W. 80.26 feet;
thence leaving said roadway S. 48°49'15" W. 476.92 feet;
thence S. 68°11'05" W. 151.58 feet; thence S. 53°15'33" W.
41.19 feet; thence S. 41°52'20" W. 81.94 feet; S. 35°15'56"
W. 78.89 feet to the point of beginning.
-2-
• •
9. Name and address of owner of land on which the point of
diversion and place of use are located: The Applicant owns the
land where Stephens Spring and Pipeline is diverted and used.
STATE OF COLORADO
COUNTY OF GARFIELD
ss.
PETRE & PETRE, P.C.
B y :
Daniel B. Petre #8430
Post Office Drawer 400
Glenwood Springs. CO 81602
Telephone: (303) 945-6521
Attorneys for Applicant
George J. Petre, being first duly sworn upon oath, states
that he has read the foregoing APPLICATION FOR SURFACE WATER
RIGHT, knows the contents thereof and t at the same is true to
the best of his information, knowledg- and belief.
1988.
Subscribed and sworn
to before me
WITNESS my hand and official seal.
4y commission expires:
c,„1/J- day of April,
)0(s, £.o'wrsksion Expire- Mar 19, 1991
'414442w(-4:- it
- 3 -
Notary Public
Recorded at 1::50 P.. April 6, 1972 Elia St ,hens,Recorder.
Ra:osded • at
-•Rec.
253220
3:00 • o►cl0.fr P.. M.., March 31. 1472
Maxwell R. Barz ,._.Reeordcr,
Reception. No... ---11.2.148:-
Book 4.29
Page 199°.
THIS DEED, Made thiiw 31st: day, of January,,_
19 72, between.
STEPHENS RANCH COMPANY:
•
a corporation.duly organized;: and; existing under and by virtue of the: laws4
of the state of.Colorado:, of thefirst part, and;
STEPHENS LAND, CO:, a, Limited Partnership,
c/o James E. Stephens, Gypsum,
of the- Countrof ' Garfieldand,State of
Colorado, ofthesecond part:
Recorder's Stamw
nIVE DDtht,IiARY• FEE'
MAR at 1972
WITNESSETH; That the said party of the first part, for and. in considerationofthe sum of
TEN DOLLARS AND,`. OTHER VALUABLE CONSIDERATION'
to the said 'party of the first part in hand paid by the said party • of the second part; the receipt
by confessediand.acknowledged, hath. granted, bargained,sold and conveyed; and by thesepresents-
gain,sell,convey and confirm unto the said part .y of the second part, i is heirs,
ever, all: of the following: described -.lot S or parce1S=, of land, situate, lying and being in the
0000sepat and State of Colorado, to witx..
Counties of Eagle. and Garfield
See Exhibit "A" attached hereto.:
-DOLLARB)—
whereof is here -
doth grant, bar -
and assigns for -
SLATE DDCDDE ITARY' fLE
A P.R 6 1972-
s....14,..,
972x.
••
TOGETHER' with ..afland singular. the hereditaments: and appurtenances. thereunto belonging, or in anywise
appertaining, and. the:: reversion or reversions,remainders,rents,, issues: and. profits thereof; . and all the`. estate,
right,title,. interest. claim: and demand whatsoever, of r. the• said party:; of the first part, either in law or equity, of, in
and to the above bargained premises: with the hereditaments and.appurtenances.
TO. HAVE AND TOEHOLD the said premises- abov&bargained:.and described,with the appurtenances unto the
said. part Y of the second part its heirs and assigns forever. And the said
Stephens Ranch Company paxty of the first part, for itself,:
and its successors, doth covenant, grant, bargain, and agree to and.:with.the saidpart Y of the second part,
it S heirs ands assigns, that at the time of the. ensealing and: delivery. of these presents it is well
seized of the premises above; conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and. hath good right, full power and lawful authority to grant, bargain, sell and convey, the same
is manner and form aforesaid, and.. that the same- are free andclear.from all.former and other grants, bargains,
sales, liens, taxes, assessments and incumbrances of whatever kind or nature soever; except liens ana
encumbrances of record;
No State Documentary Fee required. Consideration less than $100.00
and the above bargained premises in the quiet and peaceable possession of the said party of the second part
Its heirs and assigns, against all and every person or persons lawfully claiming or to claim the whole
or INT part thereof, the said party of the first•part shall and will WARRANT AND FOREVER DEFEND.
ESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto
%•'r'•$y'US ` andyear first above written
z 4 t.•i; y STEPHENS RANCHCOM$ANY
;:4 • :p ; "4,.....,-,a- Colorado corporation, ..
a" 0 • � s.er tars..
I
o . �=
r
rr.f fir,,,
oo
�, V
President, and its corporate seal to be hereunto affixed, attested by its
,, 'i 7, ' t+ " r ti ,TATE OF COLORADO, b
Garfield 4. . County of }Bs.
The foregoing instrument was acknowledged before me this
•49.3`.' : 7/4;,JA AES E. STEPHENS•
•
,
' •'"" .T,AMES H. STEPHENSCOMP y
:'.: p R ySTEEHENS RANCH/E1DX, a i6rado corporation.
- 1• : My notarial commission expires 1).
a A..•vA ' \ ' . Witness my hand and ' ; seal.
PUSH' . /
January
President and
Secretary of
tKl4[
..»........»......».._...».. Notary Pub&...
...I•,�rrirl�S'r,
No. 40B. WARRANTY Dgm—Corp.eaelss.—Bradford publishing Co.. 1224.4O Stout Street. Denver. Colondc"7-71
•
Eagle: County, Colorado::'
The SE 1/4 of the, SW 1/4,. of;' Sec.µ 2.4, in, T. 3.' S..., R:,: 87 W., • of the,
6th P.M. , ink. Colorado. Also that portion of the;: NE' 1/4 of the.
NW 1/4 of,. Sec•.,. 25, in T. 3. S., R 87 W. of, the 6th P.M.:, in Colorado,
described as: follows,. to -wit. '
Commencing- at the, Southwest corner, of.. the NE. 1/4 of the
NW 1/4. ofthe said_' Sec. 25, thence.. due,North, North. to• the , North -,-
west. cornerY of they NE: 1/4 of the, NW` 1/4, of: said-. Sec. 25;.
thence. > due East, to the Northeast corner;- of"' the NE; 1/4. of"i
the NWS;: 1/4of said:: Sec.... 25, thence..,' diagonally 'Southwest
cutting sai& forty -acres tractin: hal£ on a" straight: line
to the,. Southwest,. corner;of, the NE"' 1/4 oft the, NW 1/4 of
the: said,: Sec:. 25, the. place- of, beginning:
Section:.
Garfield, County, Colorado.
20: SE 1/4 NE- 1/4, NE 1/4 SE," 1/4, now, sometimes des-.
scribed:. as.. Tract 44.,.
S 1/2.. N 1/2, N 1/2 S' 1/2',.' and the .Easterly 30
acres of SE: 1/4; SE 1/4.
S 1/2.
SE` 1/4 SW'` 1/4, S 1/2 SE. 1/4,
SW 1/4 NW 1/4,. W. 1/2: SW: 1/4
NW 1/4 NW'' 1/4
N 1/2 NE 1/4,SW: 1/4= NE' 1/4, NW 1/4 SW 1/4, NW 1/4,
and. a: tract of`. land in: the. NEL, 1/4- SW 1/4 and
NW:. 1/4 SE. 1/4., described:. asp, follows: -
Beginning
ollows:Beginning_ at. the.. Southwest,: corner~: of;. said.
NE, 1/4 SW-- 1/4, - said: Sections 26,. thence. North
1320 feet to the, Northwest corner. of_ said,
NE. 1/4 SW 1/4-,. thence;. Eased, 2640-. feet. to the
Northeast corner: of:: said,. NW- ° 1/4 . SE 1/4, thence
Southwesterly 2951.6 feet,,. more or:.less , to the..
place,. of beginning«:
N 1/2 and. N- 1/2 SE, 1/4
Section 21:.
Section,. 22:,
Section •v
Section., 24
Section:: 25:
Section. 26:.
Sections 27
and .. 2 8 :
All that part of. Sections:. 27 and 28, according tothe.
resurvey of Township, 3 South, Range 87 West of the
6th P.M. described as follows:
Beginning at a point whence the South Quarter corner
of said Section 28 bears South 0°15' East 791 feet;
thence traversing the S•1/2.SE 1/4 of said Section
28 North 84°48' East •2676 ,feet to a point whence .the.
corner. common, to Sections 27, 28, 33 and 34 bears
South 101.5' West 1028 -feet;'thence S. 74°42' East
318 feet; thence N. 81°56't. 1101 feet; thence N..
52°05' E. -539•'feet; thence' N. 72°23' E. 886 feet to
the East boundary line of SW 1/4, said Section 27;
thence N.'1°08'•East.995 feet to the North boundary.
line of SW 1/4;' said Section 27; thence. S. -894°47'
West 2648 feet along. the'Northboundary line of. said.
SW 1/4, to the West quarte :corner of said.Section 27;
thence- North' 89 °51' West. 2709 feet;. thence South
0°15! East 1905.feet to the:, place. of. beginning.
0.
Township 3 South, Range 87 West•of the 6th P.M.
A tract of land- situated:;in the: NE. 1/4 SW.' 1/4 and the. NW 1/4' SE 1/4i
of_ Section 26 in.= Township 3 South,. Range: 87 West of the 6th'Princi-I
pal Meridian, described'; asp follows, to -wit::
Beginning at a.: pointe whence the* West 1/4 Corner of. of. said. Section
26 bears N. 81° 27" 50, W. 31934.94 feet; thence. S. 27° 59' 20"-
W. 79.75 feetv thence; S`. 40° 25' 10" W. 74.27 feet;. thence S.
26° 00' 20" W. 52.63 feet;: thence S..- 45° 24' 49" W. 210:81: feet .
thence N. 14°" 06k' 28" E..,, 151.46 feet; thence S. 60° 50' 35", W.-
498.116 feet;, thence S. 76°'.50' 52' W. 220.98 feet; thence S.
• 76° 18' 24" W., 166.84 feet;, thence N.. 63 ° ° 55' ` 22" ` E. 1150.82
feet toy the.:;, point, of beginning:. containing- 1.79- acres,. more- or
less.
Except certain tracts, of; land as. described. in, deed recorded in the .•
office of. the Clerk:.: and: Recorders. of:. Garfield.. County, Colorado,
as Document No..: 242184 in Book:::398 at, Page 74 thereof.
Township. 3 South',, Range: 87 West.. of the.: 6th
Section. 22: NE. 1/4 NE,' 1/4
Section 23 S 1/2 NE. 1/4, N`: 1/2 SE 1/4, Se 1/2 NW 1/4,
NW 1/4 NW 1/44. W4 1/2 SW 1/4, NE' 1/4 SW 1/4
Excepting a tract of. land- in the said NW' 1/4 NW, 1/4: of Section
23 as described: in:: Warranty .Deed: recorded. in Book 362 at Page
212 as Document No.-: 227777 in;the: office ° of ; the Clerk. and
Recorder. of . Garfield:: County,,. Colorado..
Also excepting. all, that-<. part, of the S 1/2 NE 1/4 and.:
SE 1/4 NW 1/4 of said. Section:_: 23 lying Northerly and._ Easterly
of the:, center line of Sweetwater Creek.
• •
EXHIBIT A
LEGAL DESCRIPTION PARCEL 1
PROPERTY DESCRIPTION
A parcel of land situated in the NE4 and the SE4 of Section 23, Township 3
South, Range 87 West of the Sixth Principal Meridian, County of Garfield, State
of Colorado; said parcel being more particularly.described as follows:
Commencing at the Fast Quarter Corner of Section 23; thence N.89°03'40"W.
2037.38 feet, to the True Point of Beginning; thence N.35°15'56"E. 78.89 feet;
thence N.41°52'20"E. 81.94 feet; thence N.53°15'33"E. 41.19 feet; thence
N.68°11'05"E. 151.58 feet; thence N.48°49'15"E. 476.79 feet to a point on the
westerly right-of-way of County Road No. 151; thence along said right-of-way
along the arc of a curve to the left having a radius of 182.73 feet and a
central angle of 25°22'38", a distance of 80.93 feet (chord bears S.49°32'49"E.
80.27 feet); thence continuing along said right-of-way along the arc of a curve
to the right having a radius of 136.42 feet and a central angle of 54°14'09", a
distance of 129.14 feet (chord bears S.35°07'04"E. 124.37 feet); thence
continuing along said right-of-way S.08°00'00"E. 9.25 feet; thence continuing
along said right-of-way along the arc of a curve to the right having a radius
of 821.86 feet and a central angle of 10°46'31", a distance of 154.56 feet
(chord bears S.02°36'45"E. 154.34 feet); thence continuing along said right-of-
way along the arc of a curve to the left having a radius of 396.25 feet and a
central angle of 17°28'29", a distance of 120.85 feet (chord bears
S.05°57'44"E. 120.38 feet); thence continuing along said right-of-way
S.14°41'58"E. 28.21 feet; thence continuing along said right-of-way along the
arc of a curve to the right having a radius of 547.39 feet and a central angle
of 07°28'51", a distance of 71.47 feet (chord bears S.10°57'33"E. 71.41 feet);
thence continuing along said right-of-way S.07°13'07"E. 32.41 feet; thence
continuing along said right-of-way along the arc of a curve to the right having
a radius of 648.64 feet and a central angle of 16°51'13", a distance of 190.80
feet (chord bears S.01°12'30"W. 190.11 feet); thence continuing along said
right-of-way along the arc of a curve to the right having a radius of 17.14
feet and a central angle of 67°56'07", a distance of 20.32 feet (chord bears
S.43°36'10"W. 19.15 feet); thence continuing along said right-of-way along the
arc of a curve to the right having a radius of 103.88 feet and a central angle
of 35°38'40", a distance of 64.62 feet (chord bears N.84°36'27"W. 63.59 feet);
thence continuing along said right-of-way along the arc of a curve to the left
having a radius of 300.73 feet and a central angle of 71°59'34", a distance of
377.87 feet (chord bears S.77°13'06"W. 353.50 feet); thence continuing along
said right -of -Hay S.41°13'19"W. 138.50 feet; thence leaving said right-of-way
N.47°51'24"W. 80.80 feet; thence N.32°13'36"W. 440.02 feet to the True Point of
Beginning, said parcel containing 10.075 acres, more or less.
• •
EXHIBIT B
LEGAL DESCRIPTION PARCEL 2
PROPERTY DESCRIPTION
A parcel of land situated in the N44 of Section 23, Township 3 South, Range 87
West of the Sixth Principal Meridian, County of Garfield, State of Colorado;
said parcel being more particularly described as follows:
Commencing at the Northwest Corner of said Section 23, a GLA brass cap in
place; thence S.88°53'40"E. along the northerly line of said Section 23 316.01
feet to a point on the centerline line of Sweetwater Creek, the True Point of
.Beginning; thence leaving said centerline S.88°53'40"E. along said northerly
line 275.63 feet to a point on the westerly right-of-way of County Road No.
150; thence the following ten (10) courses along said westerly right-of-way:
1.) S.67°40'10"E. 276.47 feet;
2.) S.59°02'40"E. 213.00 feet;
3.) S.56°58'10"E. 212.79 feet;
4.) S.39°56'14"E. 127.42 feet;
5.) S.40°35'17"E. 226.20 feet:
6.) S.21°35'39"E. 24.14 feet;
7.) 5.24°17'49"E. 118.97 feet;
8.) along the arc of a curve to the left having a radius of 525.00 feet
and a central angle of 15°25'45", a distance of 141.38 feet (chord
bears S.30°43'42"E. 140.95 feet);
9.) S.38°26'34"E. 303.72 feet;
10.) along the arc of a curve to the left having a radius of 410.00 feet
and a central angle of 27°38'46", a distance of 197.83 feet (chord
bears S.52°15'57"E. 195.92) to a point on the centerline of Hack
Creek; thence the following eight (8) courses along said centerline:
1.) S.04°21'32"E. 14.08 feet;
2.) S.65°59'05"E. 82.32 feet;
3.) S.49°49'54"E. 95.00 feet;
4.) S.01°55'09"E. 50.79 feet;
5.) S.34°27'40'E. 58.87 feet;
6.) S.62°51'58"E. 14.58 feet;
7.) S.24°25'26"W. 14.32 feet;
8.) S.22°47'02"E. 26.75 feet to a point on the centerline of Sweetwater
Creek; thence the following twenty (20) courses along said centerline:
1.) N.77°41'18"W. 40.53 feet;
2.) N.54°46'44"W. 92.32 feet;
3.) N.50°31'39"W. 110.11 feet;
4.) N.57°59'41"W. 188.68 feet;
5.) N.39°17'22"W. 142.13 feet;
6.) N.48°05'09"W. 158.72 feet;
7.) N.50°41'08"W. 162.08 feet;
8.) N.58°00'16"W. 88.72 feet;
9.) N.65°38'09"W. 107.25 feet;
10.) N.57°38'46"W. 156.04 feet;
11.) N.34°43'48"W. 108.46 feet;
12.) N.23°10'02"W. 90.67 feet;
13.) N.32°56'02"W. 197.74 feet;
14.) N.52°22'53"W. 219.13 feet;
15.) N.66°43'37"W. 91.42 feet;
16.) N.80°00'58"W. 139.69 feet;
17.) N.78°46'02"W. 53.57 feet;
18.) N.68°08'37"W. 92.56 feet;
19.) N.21'24'00"W. 151.40 feet;
20.) N.09°54'55"W. 24.29 feet to a point on the northerly line of said
Section 23, the True Point of Beginning, said parcel containing 9.814 acres,
more or less.
GEORGE J. PETRE
DANIEL B. PETRE
COURTNEY G. PETRE
ERIC W. WALTER
October 5, 1988
• •
LAW OFFICES
PETRE & PETRE
A PROFESSIONAL CORPORATION
POST OFFICE DRAWER 400
GLENWOOD SPRINGS, COLORADO 81602
Mr. Glenn Hartmann
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Stephens Exemption Application
Dear Mr. Hartmann:
AREA CODE 303
945-6521
Please find enclosed a copy of the Well Permit recently issued
by the Division of Water Resources with respect to the cap-
tioned exemption application. This Well Permit pertains to the
creekside property.
Pursuant to our discussions on October 4th, I am arranging for
the preparation of the final plat for submission to conclude
this matter. Thank you for your cooperation and assistance.
Very truly yours,
PETRE & PETRE, P.C.
Er c W. Walter
je
Enclosure
1 V {: mq
WRJ-5-Rev. 76
Application
be complete where-
applicable. Type oe"..
print in BLACK
INK. No overstrikes
or erasures unless
initialed.
r<ECEIVED
�LORADO DIVISION OF WATER RESC CES
AUG 3 1. 1988 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado
WATER R>RIL iRCES
PERMIT APPLICATION FORM
%P"1 (X ) A PERMIT TO USE GROUND WATER
I'*' (x ) A PERMIT TO CONSTRUCT A WELL
FOR: (X ) A PERMIT TO INSTALL A PUMP
YCr- 1 6 ',.�� 8
WATER RiSOt)YCtS
TAT - ENGINEER
COLO.
80203
( ) REPLACEMENT FOR NO.
( ) OTHER
WATER COURT CASE NO.
(1) APPLICANT - mailing address
James H. Stephens
NAME c/o PETRE & PETRE, P.C.
STREET
CITY
P. 0. Drawer 400
Glenwood Springs, CO 81602
(state) (Zip)
TELEPHONE NO (303) 945-6521
(2) LOCATION OF PROPOSED WELL
County Garfield
NW ./ of the NW 1/4 Section 23
Twp. 3 S Rng. 87
(N.S)
W 6 P.M.
(E.WI
(3) WATER USE AND WELL DATA
Proposed maximum pumping rate (gpm) 10 gal/min.
Average annual amount of ground water
to be appropriated (acre-feet): 1 acre/foot
N Number of acres to be irrigated: 0
Proposed total depth (feet): 70 ft.
Aquifer ground water is to be obtained
unknown
from:
Owner's well designation Stephens Well No.
GROUND WATER TO BE USED FOR:
(X) HOUSEHOLD USE ONLY -
( ) DOMESTIC (1)
( ) LIVESTOCK (2)
( ) COMMERCIAL (4)
1
no irrigation (0)
( ) INDUSTRIAL (5)
( ) IRRIGATION (6)
( ) MUNICIPAL (8)
( ) OTHER (9)
DETAIL THE USE ON BACK IN (11)
(4) DRILLER
Name
Street
City
(State) (Zip)
Licensed
Telephone No. Lic. No
FOR OFFICE USE ONLY: DO NOTTiP RITE IN THIS COLUMN
Receipt No ��
g` /
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.
7_
ISSUANCE OF THIS PERMIT DOES NOT
CONFER A DECREED WATER RIGHT
1) APPROVED PURSUANT TO CRS 37-92-602(3)(b)(II)—
(A) AS THE ONLY WELL ON A RESIDENTIAL SITE OF
9.5 ACRES DESCRIBED AS THAT PORTION OF THE N
1/2 OF THE NW 1/4 OF SECTION 23 T3S, R87W OF
THE 6TH P.M., GARFIELD COUNTY, BEING MORE PAR--
TICULARLY DESCRIBED ON THE ATTACHED EXHIBIT "A".
2) THE USE OF GROUND WATER FROM THIS WELL IS
LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE A
SINGLE FAMILY DWELLING AND THE WATERING OF THE
USER'S NONCOMMERCIAL DOMESTIC ANIMALS. THE
GROUND WATER SHALL NOT BE USED FOR IRRIGATION
OR OTHER PURPOSES.
3) THE RETURN FLOW FROM THE USE OF THIS WELL
MUST BE THRU 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. Gz3 WzO3g
UWEifs COPY
APPLICATION APPROVED
PERMIT NUMBER
15251,E
DATE ISSUED SEP 2 7 1988
EXPIRATION DATE
BY
ID
SEP 2 7 1990
ATE ENS I `ER)
S3
COUNTY '2 3
(5) THE LOCATION OF THE P SED WELL and the area on
which the water will be used must ndicated on the diagram below.
Use the CENTER SECTION (1 section, 640 acres) for the well location.
T
14 1 MILE, 5280 FEET
+ -i- 4- + + + + + -{-
I I �
+ - 4 - NORTH SECTION LINE
xl
1
1
i•
1
4_111ORTH+ Z. D
J N
2' ai
-}- -� - -1-- — -I-
N O
y r
+
(6) THE I&L MUST BE LOCATED BELOW
by disiirs from section lines.
337 ft from "_ t 1. sec. line
.(r Ii:4r south)
\'' 1,281ft from West'' sec line
(east or west)
LOT BLOCK FILING #
SUBDIVISION
+ SOUTH SECTION LINE + —
1
+ +. ± 7, + + . -}- -I- +
The scale of the diagram is 2 inches = 1 mile
Each small square represents 40 acres.
(7) TRACT ON WHICH WELL WILL BE
LOCATED Owner: Applicant
No. of acres 9.5 Will this be
\ the only well on this tract?
yes
(8) PROPOSED CASING PROGRAM
Plain Casing
` 6 5/8 in from 0 ft. to 30 ft
in from ft to ft
Perforated casing
6 5/8 in from 30 ft to 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:
(10) LAND ON WHICH GROUND WATER WILL BE USED:
Owner(s): Applicant
Legal description. NW NW Section 3S 87W 6th P.M.
No. of acres' 9.5
N- (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal
system to be used. In house only. Disposal system evaporative leach per county specifications
(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 HNOWLEDGE.
A -i / 0
S/GAL(TURE OF APPLICANTS)
Use additional sheets of paper if more space is required.
DISTRICT COURT, WATER DIVISION NO. S, COLORADO
Application No. 88CW082
RULING OF REFEREE
IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF JAMES H. STEPHENS, IN THE
COLORADO RIVER, OR ITS TRIBUTARIES, TRIBUTARY INVOLVED: SWEETWATER CREEK, IN
GARFIELD COUNTY
The above entitled Application was filed on April 21, 1988, and was
referred to the undersigned as Water Referee for Water Division No. 5, State
of Colorado, by the Water Judge of said Court on the 9th day of May, 1988, in
accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973.
known as The Water Right ll, �1ni na t r A-JrwhilstratIon HCt Ot 7by.
And the undersigned Referee having made such investigations as are
necessary to determine whether or not the statements in the Application are
true and having become fully advised with respect to the subject matter of the
Application does hereby make the following determination and Ruling as the
Referee in this matter, to wit:
1. The statements in the Application are true.
2. The name of the structure is Stephens Spring and Pipeline.
3. The name and address of the Claimant: James H. Stephens; 2837 Grand
Falls Circle No. 4; Grand Junction, Colorado 81501.
4. The source of the water is a spring tributary to Sweetwater Creek,
tributary to the Colorado River.
5. The point of diversion is in the NE1/4SE1/4 Sec. 23, T. 3 S., R. 87
W. of the 6th P.M. at a point bearing N. 13°30' W. 390 feet from a point from
which the E1/4 Corner of said Sec. 23 bears S. 89°03'40" E. 2037.38 feet
thence S. 32°13'36" E. 440.02 feet thence S. 47°51'24" E. 80.80 feet.
6. The use of the water is domestic including the watering of
livestock and the irrigation of one acre of lawn and garden and fire
protection.
7. The date of initiation of Appropriation is May 1, 1985.
8. The amount of water claimed is 0.033 cubic foot of water per second
of time, absolute.
The Referee does therefore conclude that the above entitled Application
should be granted and that 0.033 cubic foot of water per second of time is
hereby awarded to Stephens Spring and Pipeline, for domestic purposes which
includes the watering of livestock, fire protection and the irrigation of one
acre of lawn and garden, with Appropriation date of the 1st day of i'lay, 1985,
absolutely and unconditionally, provided the Applicant does not install a pump
and divert ground water; also subject, however, to all earlier priority rights
of others and to the integration and tabulation by the Division Engineer of
such priorities and changes of rights in accordance with law.
(VI -1988)
Stephens 88CW082
Ruling of Referee
Page 2
• •
It is accordingly ORDERED that this Ruling shall be filed with the Water
Clerk subject to Judicial review.
It is further ORDERED that a copy of this Ruling shall be filed with the
appropriate Division Engineer and the State Engineer.
Dated V/2/FF
Copy of the foregoing mailed certified to
all Counsel of Record✓,Water Referee";
Div. Engineer—,State Engineer_✓
Date S'l ikc 01-/
� f
rte -r. c/ -C6/ nn�,
De ty / erk, Wer Div. No. 5'
BY THE REFEREE:
at
Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter. The foregoing Ruling is confirmed
and approved,d is made the Judgment and Decree of this Court.
d Decc':
.62
Copy of the foregoing mailed to all
Counsel of Record b,'tJater Referee`,
Div. Engineer' -State Engineer -
Date
Deputy C] ,rk, Wate Div. No. 5/!/,r'
Water Judge
GEORGE J. PETRE
DANIEL B. PETRE
COURTNEY G. PETRE
ERIC W. WALTER
September 13, 1988
LAW OFFICES
PETRE 8c PETRE
A PROFESSIONAL CORPORATION
POST OFFICE DRAWER 400
GLENWOOD SPRINGS, COLORADO 81602
Mr. Glenn Hartmann
Garfield County Planning Department
109 8th Street, Suite 303
Glenwood Springs, CO 81601
RE: Stephens Exemption Application
Dear Glenn:
AREA CODE 303
945-6521
A NInn” � s
d
?�A
‘..i
u --c4.
Enclosed for your records is a copy of the approved application
for water with respect to the 10 acre parcel. This Order has
been entered by the Water Court Judge as of September 7, 1988.
Also, at this time it has become clear that we will need to
request an extension of time to meet the additional conditions
of approval. Specifically, we have run into some delays with
respect to the well permit for the 9.5 acre parcel across the
creek. While we expect ultimately to be able to present you
with an approved well application, it appears doubtful that we
will be able to do so by September 23rd.
I would appreciate your putting this request before the
Commissioners on our behalf. If it will require a personal
appearance on our part, or any further documentation, please
let me know and I will be happy to provide it.
Thank you for your continued cooperation and assistance with
respect to this matter.
Very truly yours,
& PETRE, P.C.
Eric W. Walter
je
Enclosure
cc: James Stephens