HomeMy WebLinkAbout2.0 BOCC Staff Report 05.12.1997• •
BOCC 5/12/97
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST: An exemption from the definition of
subdivision.
APPLICANT: Kenneth Rose
LOCATION: A tract of land located within Section 5, T5S,
R93W of the 6th P.M.; located approximately
10 miles northwest of Rifle at 10286 State
Highway 13.
SITE DATA: 8.56 Acres
WATER: Shared Well
SEWER: Individual Sewage Disposal Systems (ISDS)
ACCESS: Direct access to SH 13
EXISTING ZONING: A/R/RD
ADJACENT ZONING: North/East: O/S
South/West: R/L
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject tract is located within District C - Rural Areas/Minor Environmental Constraints
as designated by the Garfield County Comprehensive Plan's Management Districts Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The 8.56 acre tract is located approximately 10 miles northwest of
Rifle along SH 13 and is currently utilized as a single family residential homesite, with
an existing mobile home occupying the site. Slope varies across the tract; however,
at the steepest point, slope does not exceed 25% and the majority of the tract slopes
at lesser angles. Vegetation is largely native, with pinion juniper, sage and annual
grasses scattered across the tract.
it •
B. Adjacent Land Uses: The area is largely devoted to single-family residential and
agricultural land uses and, to the north, Bureau of Land Management administers a
sizeable tract. See vicinity map, page • 6 • .
C. Development Proposal: The applicant proposes to divide, by exemption, the 8.56
acre tract into two (2) parcels of 3.06 and 5.50 acres each. The larger parcel would
contain the existing mobile home and the smaller parcel would be developed as a
single family residential parcel. See sketch map, page ` '% • .
D. History: The subject tract was originally being considered for full subdivision,
whereas the Planning Commission conducted sketch plan review on July 10, 1996.
Apparently due to the State Engineer's requirements of developing a water
augmentation plan, the subdivision became economically infeasible. See narrative,
pages lit • .
1II. MAJOR ISSUES AND CONCERNS
A. Subdivision Regulations: Section 8:52 (A) of the Garfield County Subdivision
Regulations states that "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. In
order to qualifyfor exemption, the parcel as it existed on January 1, 1973, must have
been larger than 35 acres in size at that time and not part 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), preventing joint use of the
proposed tracts, and the division occurs along the public right-of-way, such parcels
thereby created may, in 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. For the purposes of definition, all tracts of land 35
acres or greater in size, created after January 1, 1973, will count as parcels of land
created by exemption since January 1, 1973;"
The subject parcel was created from a parent tract of 693 acres, by Resolution 81-19,
which recognized the parcel was separated by a public right-of-way and that the
impact created [did] not warrant a full subdivision review. The Resolution goes on
to state "...that this exemption is granted on the condition and with the express
understanding and agreement of the Petitioner that no further exemption be allowed
on said tract A..." See Resolution, page ` ni • . Staff acknowledges that a
decision or condition of a former Board is not necessarily binding on the present
Board; however, the Board may well have had reason for this stipulation.
The current exemption regulations explicitly state that the parcel must have been
larger than 35 acres prior to January 1, 1973. It is and has been the current County
Attorney's position that the subject tract was created by virtue of State Highway 13
separating the parcel from the larger tract, and created at the time the State took fee
• •
title to the right-of-way. The date of this is uncertain, but did occur prior to January
1, 1973. Thus, the subject tract was less than 35 acres in size, prior to said date, and
therefore, does not qualify for exemption.
B. Water Supply: Pursuant to a West Divide contract, the applicant has been issued a
well permit by the Division of Water Resources. The well permit is a legal supply for
up to two (2) single family dwellings and is subject to the condition that the well shall
be operated subject to certain conditions. See permit, page / 3 • , specifically
paragraph 3. The well would be shared among the two (2) parcels and a draft, well -
sharing declaration has been submitted. Staff notes some concern for the proposed,
legal water supply, as the West Divide has included a caveat that states "Current
federal policy has made it increasingly difficult to predict availability of water to West
Divide. While we cannot guarantee that we can make any water available to you
under this contract, we will continue to do everything possible to assure availability
of the federal water while we develop alternative supplies." See West Divide letter,
pages AO /( . This language would seem to indicate that a legal water supply
cannot be assured by the District.
Water Quantity: The well construction and test report, completed on April 10, 1996,
indicates the static water level in the well was located at 45 ft. in a 250 ft. deep well
and the well produced 0.75 gpm in a six (6) hour test, with no recharge characteristics
being calculated. It appears that the water producing interval in the well is between
230 and 250 feet. See the well completion report, page . On August 21,
1996, another pump -test was performed, finding the static water level at nearly 52
feet from the top of the well casing. The test occurred for an unspecified amount of
time, producing 0.3 gallons per minute (gpm), with no drawdown or recharge
characteristics calculated. See August 21 pump test, page17. . Contrary to
regulations, no opinion of the individual who conducted the pump test was submitted,
indicating the well is capable of supplying sufficient water for the proposed uses.
At 0.3 gpm, the well would produce 432 gallons of water in 24 hours, assuming that
the well is capable of production at this constant rate. Since no information
concerning actual water usage has been submitted, staff will use the generally -
accepted, daily water requirement amount of 350 gallons per day, as the daily water
usage. It is clear that the physical water supply from this well is insufficient to serve
the proposed, exempt subdivision.
The applicant has recently been granted conditional decrees for 0.1666 cubic feet of
water per second (74.8 gpm) in two (2) springs near the property, which are further
subject to all earlier priority rights of others. Ponderosa Spring #1 has been gauged
on two (2) separate occasions, and calculated to flow between 0.66 gpm and 0.75
gpm. See data, pages f • . There is a discrepancy between the legal amount of
water and the physical amount of water, whereby the applicant appears to have a legal
right that is 100 times the physical amount of water flowing from the spring.
•3-
• •
The application further contemplates the use of two (2), 1500 gallon water storage
tanks that would be utilized for hauled water, if a call were placed on the applicant's
well, or if the flow from the springs and/or well were insufficient to supply sufficient
water.
C. Soils/Sewer: The stated method of waste water disposal is the use of ISD systems for
the individual lots. According to the Soil Conservation Service, soils on-site are
predominantly within the Nihill channery loam classification, typically deep and well -
drained soils. When used for community development and the placement of ISD
systems, these soils are considered, by the SCS, to have severe constraints. On July
25, 1996, percolation tests were performed, indicating that conventional septic
systems could be utilized. See report, page • iq • . Given this information, it is
likely that a conventional ISD system could be utilized.
D. Zoning: The subject tract is located within the A/R/RD zone district and both
proposed lots meet the two (2) acre minimum lot size requirement. It appears that
slope would not be a constraint to development of either lot and neither lot is within
an identified, 100 -year floodplain.
E. Access: Access to the lots would be from the historical access point that would be
developed as a shared easement, proposed to be 24 feet wide. It appears that there
is an existing drainage gully that would need to be spanned to provide access to the
designated building envelope for Lot 1. Staff sees no special problems with this issue
as long as it is constructed in a way that does not restrict the historic flows. The State
highway department has recently issued a driveway permit that approves access to the
proposed lots.
F Fire Protection: The Rifle Fire Protection District has responded, suggesting this
subdivision would not materially impact the ability of the District to provide services.
The District does request that the applicant create defensible space around the
dwellings and instructs the applicant to work with neighbors to identify water supplies
for fire fighting purposes. See letter, pageh1 • . Staff suggests the inclusion of
the standard plat note addressing wildfire mitigation.
G. Easements: All required easements for access, utilities, water supply, etc.,would be
required to be shown on an exemption plat.
H. School Site Acquisition Fees: The applicant would be required to pay the $200.00
school site acquisition fee, for the creation of the exemption parcel.
Staff Comment: The exemption evaluation is generally a much -less detailed process
than regular subdivision review, for the simple reason that the exemption application
requirements are less stringent. With this fact in mind, exemption applications are
usually made for tracts of land that have few or no legal or physical limitations,
therefore, requiring less review. In this case, the Board is being asked to consider an
• •
exemption that, first, violates Section 8:52 (A) of the Subdivision Regulations, as the
subject property is not being considered as existing or being created from a tract of
land that was 35 acres or greater, prior to January 1, 1973. Secondly, the water
supply is proposed to consist of a shared well, at least one (1) spring, and the
potential necessity of hauling water to the site when the other supplies are insufficient.
This arrangement causes concern that, at certain times of the year, there will not be
adequate water to serve the development.
For the above reasons, staff recommends the petition be denied.
•
GAR1'IEdI COUNTY - PLAT moi. BRA1 9) `ilOK 49
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BASIS OF BEARINGS: S89'49'00"JY \ W
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BUILDING ENVELOPE
EDGE OF
EXISTING ASPHALT
AN ATTORNEY LICENSED TO PRACTICE LAW
0tC,o4DO DO HEREBY CERTIFY THAT ALL DED10
EAONR SFTO.
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THIS FINAL PLAT APE FFREEAND
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rnl:,.L.. ,,I iiir.1-7, Pull pIpTiIfP THAT THIS
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,:TION`. OF 196.4.
DATE
'. O0 HEREBY STATE THAT 1 AM A PEGISTEPED LAND
UNDER THE LAWS OF THE STATE OF COLORADO, THAT
•;C•PPECT AND COMPLETE PLAT OF THE P9N SA
.,40 OUT, PLATTED. DEDICATED AND SHOWN HEREON. THAT
ADE =40M AN ACCURATE SUPVEY OF SAID PROPERTY BY ME
PEPVISON AND CORRECTLY SHOWS THE LOCATION AND
6 LOO EASEVENTS AND SWEETS OF SAID SUBDIVISION
S7A.ED ON THE GROUND '!N COMPLIANCE W1TH
A710 4T .'OVEFNIN G THE SuBMISION OF LAND.
LOT 1
3.06 AC. t WELL LOCATION
���JS., 794' TO THE 14E5T
�N, LINE OF SECTION 5 &
1331' TO THE SOUTH
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ELEVAPON = 5334.11
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STOPAOE 'ANKS
ELEVATION =
FOUND HIGHWAY PIC -HT -OF -WAY
MONUMENT - 3' ;;;?ASS CAP SET
IN CONCPETE, STAMPED WITH AN
ELEVATION OF 6246.39
BASIS OF ELEVATION
•
6252.17
• •
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF
GARFIELD COUNTY, COLORADO
PETITION FOR EXEMPTION
1
Pursuant to C.R.S. (1 973) Section 30-28-1 01 (1 0) (a) - (d) as
amended, and the Subdivision Regulations of Garfield County,
Colorado, adopted April 23, 1984 Section 2:20.49, the undersigned
KENNETH S. ROSE respectfully petitions the Board of County
Commissioners of Garfield County, Colorado, to exempt by Resolu-
tion the division of AN 8.56 acre tract of land into TWO tracts
of approximately 3.06 ACRES AND 5.50 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-
1 01 (1 0) (a) - (d) and the Garfield County Subdivision Regulations
for the reasons stated below:
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;
Attached is a copy of the Ponderosa Subdivision Prelim-
inary Plan plat.
Attached is a copy of Applicant's State Highway Depart-
ment Driveway Permit for the proposed parcels.
E. Vicinity map at a minimum scale of 1"_2000' showing the
general topographic and geographic relation of the proposed ex-
emption to the surrounding area within two (2) miles, for which a
copy of U.S.G.S. quadrangle map may be used.
Attached is portion of USGS Horse Mtn. Quad, showing
the subject property and vicinity.
C. Copy of the deed showing ownership by the applicant, or
a letter from the property owner(s) if other than the applicant;
and
Copy of deed attached.
PETITION FOR EXEMPTION
APPLICANT: KENNETH S. ROSE
LOCATION: T.5S.R93W:SEC.5:SWSW(portion)
FmREET ADDRESS: 10286 Hwy. 13, Rifle
• •
2
D. Names and addresses of owners of record of land immedi-
ately adjoining and within two hundred (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 pro-
posed for conversion; and
Aaron Woodward BLM
Craig Route, Box 1 POB 1009
Glenwood Springs, CO 81601 Glenwood Springs, CO 81602
Colorado Dept. of Transportation
222 S. 6th St., Rm. 317
Grand Junction, CO 81501
Applicant owns all mineral rights and they are unleased.
E. Evidence of the soil types and characteristics of each
type; and
Attached are excerpts from USDA/SCS Soil Survey of Rifle
Area, Colorado showing the subject property with soil types iden-
tified and characteristics of each soil type described.
F. 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
WATER SUPPLY: Applicant has an existing domestic water
well which is permitted for ordinary household purposes inside
two single family dwellings, the irrigation of not more than
24,000 square feet of home gardens and lawns, and the watering of
domestic animals.
Attached are copies of the Well Permit, West Divide Wa-
ter Allotment Contract, Well Construction and Test Report,
Samuelson Pump Co. Well Test Report, and Well Agreement for use
upon conveyance of the second parcel.
Applicant has also obtained an adjudicated conditional
water right for two springs to supplement the well water supply.
Attached are copies of the Decree and BLM Right of Way Permit.
The Ponderosa Spring No. 1 has been developed (see Zancanella &
Associates, Inc. flow measurement report attached). Applicant
will apply to make the Decree for Ponderosa Spring No. 1
absolute.
There is a possibility that senior water rights on
Government Creek (copy of tabulation attached) could theoreti-
cally request curtailment of diversions from the well or spring.
Applicant believes that any such "call" could be resisted on the
grounds that any diversions are minimal and curtailment would not
9-
PETITION FOR EXEMPTION
APPLICANT: KENNETH S. ROSE
LOCATION: T.5S.R93W:SEC.5:SWSW(portion)
S EET ADDRESS: 10286 Hwy. 13, Rifle
• •
3
in fact result in any increase in water availability for senior
rights. If a "call" were actually imposed, or supply from the
well or springs is disrupted, the spring development includes two
1500 gallon tanks which are available for hauled storage.
SEWAGE DISPOSAL: Parcel 2 has an existing ISD system.
Parcel 1 would be served by a separate ISD system. The Nihill
soil typeD in the area is suitable fort standard ISD systems.
/"2/110/!' J1..`., to f iQCy✓/�1 -,754,e0 fed,
FIRE PROTECTION: Attached is a copy of a letter from
Rifle Fire Protection District regarding fire impacts of this
proposal. Applicant will include a plat note referencing the
Wildfire Guidelines adopted by Garfield County.
G. If connection to a community or municipal water or
sewer system is proposed, a letter from the governing body stat-
ing a willingness to serve; and
N/A
H. Narrative explaining why exemption is being requested;
and
Applicant is requesting an exemption from Garfield
County Subdivision regulations in order to split his present par-
cel so that the smaller lot can be sold as an additional home
site. Applicant acknowledges that there may be some question as
to whether or not this application complies with the standard ex-
emption criteria because of the 1981 Resolution, however Appli-
cant feels that his parcel should be eligible because it is phys-
ically separated from the larger parcel and due to physical bar-
riers of the State Highway and Government Creek, the impact of an
additional home site at this location is minimal. Applicant also
requests that the Commissioners note that this parcel is border
by public domain on the other two sides which eliminates the pos-
sibility of any other development in the immediate area. There
are a number of similar home sites on these "remnant" parcels
separated by the State Highway.
Applicant has initiated a subdivision application for
the proposal which was approved at Sketch Plan stage on 7/10/96.
In the course of preparing for Preliminary Plat submittal, Appli-
cant has been unable to economically develop a water supply plan
that would be approved by the State Engineer. A plan that would
be acceptable to the State Engineer would require an augmentation
plan, including pond storage on site, both of which are extraor-
dinarily expensive and perhaps technically impractical for this
site.
Applicant acknowledges that the current water supplies,
well and springs, are marginal, but they do in fact have suffi-
T'ETITION FOR EXEMPTION
APPLICANT: KENNETH S. ROSE
LOCATION: T.5S.R93W:SEC.5:SWSW(portion)
F 'EET ADDRESS: 10286 Hwy. 13, Rifle
4
cient water for this proposal. At approximately 1.5gpm, there is
5400 gallons per day available, well in excess of the standard
300 gallons per day usually required. The only impediment to
this supply is the possibility of an administrative call by se-
nior water rights on Government Creek (A Colorado River "call"
would be satisfied with the West Divide Contract). As discussed
above, Applicant feels that such a "call" could be successfully
resisted, but even if that course were not successful, Applicant
has installed 3000 gallons of storage capacity which could be
filled by hauling water for any short periods of time when an ad-
ministrative call might be in effect. Applicant believes that
hauled water storage, at least as a back up supply, is acceptable
for an exemption application, although not for a formal
subdivision.
I. It shall be demonstrated that the parcel existed as de-
scribed on January 1, 1973 or the parcel as it exists presently
is one of not more than three (3) parcels created from a larger
parcel as it existed on January 1, 1973.
This parcel has been physically separated from the balance
of the larger parcel for many years by Highway 13 and Government
Creek. Highway 13, formerly Government Road, has been in its
present location since the late 1800's or early 1900's. The com-
bined parcel was formally split off by Resolution No. 81-19,
whereby the 8.56 acres (then described as 6.23 acres), the land
northeast of Hwy. 13, was segregated from the balance of the
block located on the west side of Hwy. 13 and Government Creek.
(Copy of Resolution attached) The 8.56 acre tract is a triangu-
lar parcel with one side adjacent to Hwy 13 and bordering public
domain on the other two sides. The closest privately owned prop-
erty are similar parcels 1/4 mile north and 1/4 mile south.
J. A Three Hundred Dollar (3300.00) fee must be submitted
with the application. Enclosed.
Date:
Renneth Scott Rose, Petitioner
10286 Hwy. 13
Rifle, CO 81650
John W.
By:
John W.
201 Rai
(303-62
age, P.C.
Date: 3,i 7
avage • 9946, Attorney for App cant
oad Av=•./POB 1926; Rifle, CO 81650-1926
1470/r�•X: 625-0803)
d
STATE OP COI OrtAI.O
Ccvnty of Garfield
•
6021( 563 mEs69
dub- __4 JAN Q t2l—
�xN 1.J m1L RF, R.-COri'.'a
(tecect:on ha .;1i 219 1�I�Rp �
m,_ regular r..-ti./..1 ,.. Mrd of Oro., Co•.nsi•>•o".•• fn. Co !arid County. Coln.do,
l5onday the 19th dry of
Fid .t uFe Cotet House In Glenwood 'rin•„ an
Januar -- — ..__...._ A.0 1 e 81 _.... a..,e re,' yr err.:
Lar Ve as uez , c.,r,..;l_s,...,wi.n+-o
Flaven J. Cerise —,_, Ce:.-lira:on.
Eugene Jin Drinkhouse to s,,io"e
Arthur A. ASplanalp, Jr. h.yAttor„ry
• CfiezyI_:J. 'Koss, beputYckcr+t}.mri
wenn th• fcU,winq prooredan...hnoot ot`•ierr rent had ."d done, %o ,tt ,
RESOLUTION NO. 81-19
4
A RESOLUTION CONCERNED WITH CPJ T IHC AN EXEMPTION FROM THE GARFIELD
COUNTY SUBDIVISION REGULATIONS FOR ALBERT REES
WHEREAS, Humbert Rees has petitioned the Board of County Commissioners of
Garfield County, Colorado, for an exemption from the definition of t a ter s "suub�cision"
and "subdivided land" under C.R.S. 1973, 30-28-101 (10) (s) -(d), as
Subdivision Regulations of Garfield County', Colorado, adopted January 2, 1979, Sections
2.02.21 (d) and 3.02.01 for the division of a 693 acre tract described as follows:
into 2 tracts of approximately 6.23 and 686.77 acres -each, more or less,
which proposed divided tract is more particularly described as follows:
.All that part of the SW'r51Fr of Section 5, Tarp. 5 5., Range 93 W.,
lying Horth and East of the Rl1ht-of-way of Colorado State Hwy. 13.
(in the State of Colorado and County of Garfield); and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board
of County Commissioners of Garfield County, Colorado, that the proposed division does
not fall within the purposes of Part 1, Article 28, Title 30, Colorado Revised Statutes
1973, as amended, for the reason that the parcel is split by a public right-of-way and
the impact created does not warrant a full subdivision review; and
WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of
County Commissioners of Garfield County, Colorado,that there is a reasonable probability
of locating domestic water on each of said tracts, that there is adequate ingrees and
egress to said tracts, that the location of septic tanks will be permitted byotlarger Department of Health, that the requested division is not part of an existing
development and does rot fall within the general purposes and intent of the subdivision.
regulations of the State of Colorado and the County of Garfield, and should, therefore.
be exempted from the definition of the teras "subdivision"
and "subdivided land" as set
forth in C.R.S. 1973, 30-28-101 (10) (a) -(d),
as NOW, THEREFORE, BE IT RESOLVED that the division of the above described tracts
"A", from the above described 693 acre tract is hereby exempted from such definitions and
said trct as
s more uly dscribed above,
dividedatramctymay bev
vconveyed inbe diided into rthe forn ofact "A", lsuch ismallerEtractsewithout further acotpli-
ance with the aforesaid subdivision statutues and regulations; provided, however, that
this exemption is granted on the condition and with the express'understanding and
agreement of the Petitioner that no further exemptions be alloyed on said tract "A", and
that a copy of the instrument orinstru ants of conveyance when recorded shall be filed
with this Resolution. l� TRE BOARD OF COUNTY C014S1SSIONERS
ATTEST: Q � OF C ID COUNT% COLORADO
Deputy Cleek of a Board -.
By:
.r an
Upon ,notion duly nada rand »eond.d Tie foregoing R..e+.t+..t ••M .dep..d by tar. foao.hy .et. .
Larry Velasquez Are -
TTaven J. Cerise Are .
Eugene "Jim rim ouse Ar.
cnin-ice..+
.STATE or COLORADO
Co.rrty 01 crn.0
t. , County Ct..k end metndo Gk of The Lord et C...ty Coro.edoon.
rad for the Count! and Strt• .ir.Wd b A.r•ly e..tl(y trot Uv ann...d and lae.yorp O.d.. 6 1rJy copied
gena t!. Rammed, d
the Proc.edi. y of J,. 5a.rd of County Cons rraror. foe seri Garf etd County, hre in nay o(foa
04 WITNESS WI{EREOP. L 1.n !...unto rt ray Lord and fined J. .rJ of Laid Conner, a1 Glenwood Spring.
this day of A. D. lar
County Clerk and .nenido Clerk of t6. board of Conary ComwJ.doert
Jan -15-97 09:46P Kerlth S. Rose
Form No.
GWS -26 -
APPLICANT
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial 8ldg., 1313 Sherman St, Denver, Colorado 80203
(303) 866.3581
KENNETH S ROSE
10286 HWY 13
RIFLE CO 81650-
9625 4454 P.03
EXST
WELL PERMIT NUMBER 046729
DIV. 5 CNTY. 23 WO 39 DES. BASIN MD
Lot: Block: Filing:
- EXPANSION OF USE OF -AN -EXISTING WELL
Subdiv: PONDEROSA
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 1/4 SW 1/4 Section 5
Twp 5 S RANGE 93 W 6th P.M.
DISTANCES FROM SECTION LINES
1320 Ft. from South Section Line
794 Ft. from West Section Line
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDfI1ONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does
not assure the applicant that no injury will occur to another vested water right or preclude another owner cf a vested water rignt
from seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a
variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in
accordance with Rule 18.
3) Approved pursuant to CRS 37-90-137(2) for the expansion of usa of an existing well, permit no. 185364 (canceled), appropriating
ground water tributary to the Colorado River, as an altemate point of diversion to the Avalanche Canal and Siphon, on the
condition that the well shall be operated only when the West Divide Water Conservancy District's substitute water supply plan,
approved by the State Engineer, Is in effect and when a water allotment contract between the well owner and the West Divide
Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, or under an approved plan fcr
augmentation. WDWCD contract #960510KR(a).
4) The usa of ground water from this well is limited to ordinary household purposes Inside two (2) single famity dwellings, the
Irrigation of not more than 24,000 square feet of home gardens and lawns, and the watering of domestic animals. All use of this
well will be curtailed unless the water allotment contract or a plan for augmentation is In effect.
5) The maximum pumping rate shall not exceed 15 GPM.
6) The average annual of amount of ground water to be appropriated shall not exceed two (2) acre-feet (651,700 gallons).
7) A totalizing flow meter must be Installed on this well and maintained In good working order. Permanent records of all diversions
must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request.
8) The well shall be located not more than 200 feet from the location specified on this permit, and not less than 600 feet from any
existing well.
9) The owner shall mark the well In a conspicuous place with well permit number(s), name cf the aquifer, and court case number(s)
as appropriate. The owner shall take necessary means and precautions to preserve these markings.
10) This permit has been approved for a distance of 1320 feet from the south section line to be consistent with the t, v. Ycu are
hereby notified that you have the right to appeal the issuance of this permit, by filing a written request with this office within sixty
(60) days of the date of issuance, pursuant to the State Administrative Procedures Act. (See Section 24-4-104 through 106,
CRS.). 6-/8
APPROVED
JD2
owN1R7S COPY
State Englneef
Receipt No. 0401252 DATE ISSUED JUN 2 0 1996
BY
EXPIRATION DATEJU k 2.O 1997
• •
WEST DIVIDE WATER CONSERVANCY DISTRICT
P. O. BOX 1478
RIFLE, COLORADO 81650-1478
625-1887
Officers
President 876-2821
Kelly Couey
4745 C.R. 315
Silt, CO 81652
Vice President
Samuel B. Potter
0598 C.R. 323
Rifle, CO 81650
Treasurer/Alternate Sec.
LaVerne Starbuck
3106 C. R. 342
Silt, CO 81652
Secretary
William M. Zilm
0090 Sunlight Dr.
Glenwood Springs, CO 81601
May 16, 1996
Kenneth S. Rose
10286 Hwy 13
Rifle, CO 81650
Dear Mr. Rose:
Board of Directors
Kelly Couey
4745 C. R. 315
Silt, CO 81652
William M. Zilm
0090 Sunlight Dr.
Glenwood Springs, CO 81601
LaVerne Starbuck
3106 C.R. 342
Silt, CO 81652
Larry S. Axthelm
1002 Cooper Ave.
Glenwood Springs, CO 81601
Samuel B. Potter
0598 C.R. 323
Rifle, CO 81650
Enclosed is your approved contract #960510KR(a). Please read the
contract carefully if you have not already done so, but please
especially note paragraph 2 concerning availability of water.
West Divide obtains its storage water from Ruedi Reservoir and
Green Mountain Reservoir. Current federal policy has made it
increasingly difficult to predict availability of water to West
Divide. While we cannot guarantee that we can make any water
available to you under this contract, we will continue to do
everything possible to assure availability of the federal water
while we develop alternative supplies.
This water allotment contract may require you to obtain a well
permit from the State Engineer's office. Once your well is drilled
you are required to install a measuring device and submit a meter
reading to West Divide. You will be provided with a special form
for this purpose upon notification that your well has been drilled.
• •
Kenneth S. Rose
May 16, 1996
Page 2
Non-compliance with measuring and reporting requirements are
grounds for cancellation of your water allotment contract with West
Divide. This could result in action by the State Engineer which
could prevent your further use of your well.
Sincerely yours,
anet Maddock
Administrative Assistant
Enclosure
cc The State Division of Water Resources w/enclosure
Division No. 5 Water Resources w/enclosure
The Colorado River Water Conservation District w/enclosure
District No. 45 Water Resources w/enclosure
Edward J. Currier, P.E. w/enclosure
Jan -15-97 09:54P K
eth S. Rose
• 625 4454
P.10
FORM Vo,
C.5•331
WELL CONSTRUCTION AND TEST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
F« erica u« only
WELL PERMIT NUMBER ) f. Co
.
Z
OWNER NAME(S) I,/� (v\. _ t-1,'� S KSS{
Mailing Address 1[� ;-,5z.,_4‘, 1-1-w-1 L'
City, Si Zip KL r te._ 0 D Si .o5 -7D
Phone ( t• -o) &;-,3"-- 41-1 S 44
AS DRILLED- 6 w 1/4 S w 114, Sec. 5 Twp. 5 S , Range Q 3 (2
3.
WELL LOCATION
DISTANCES FROM SEC. ONES:
Illi ft frcm 44 )4-1-\_ Sec. line. and 79 () 2 from W,'b � Sec. line. OR
[ d
(nue, on count (east
LOT BLOCK FIUNC-{UNfT)
SUBDIVISION:
S T PEE ii ADCPESS AT WELL LOCATION:
SURFACE' ELEVATION It DRILLING METHOD 4 //t /L a./A// .
4.
GROUND
`)(/ _CirC,' TOTAL DEPT1-1 %`fr7; ft. DEPT`{ COMFL_.i ED G i1.
DATE COMPLETED .
5. GEOLOGIC LOG:
-' Mot Lxsoon)
6. E DIAM. (in.) From (ft) To
I
3.90, Dos.....4.6.,n at :.ate' (Type. Size. Color,
yr . ���
7. PLAIN CASING
CO (in) Knd Wall �' e, Frorn(ft) Tc(ft)
e
r r%
5/ l / r
&/ � � (
""� - �' � , (-�. Urex' •4:�� ���.��.t - �,� ,A/_,4i.,/
l.%
%,-- 1 .'-`, - .'�, 4ft4
PERF. CASING: Screen Slot Size: .(_;.'.....9,
r
AYYc/i
- --;�C /':,
72,' -?-'4 - -Z—'
�- 2=5-7`., • - ._%tom,:1 ffz,i' ✓ E'.)2-Y�.J,,,
.7:',/-,
PACK
9. PACKER PLACEMEN', :
8. FILTER
Mater 1 x, -1/1-_-..t,,,-4;
Type
Stze i
Interval -/ ?c - 2-. -5-c.,
Depth
10. GROUTING RECORD:
Material Amount Density Interv� Placement
'w' -T
v---,,:5� �o -7-17 per-... t
REMARKS:
r.,Q
`11
��/ A. Used
DISINFECTION: Type ,.e. � "Cr '
12,
WELL TEST DATA:
Check if Test Data is submitted on Supplemental Form.
,box
TESTING METHOD A t 1- /-, r .iray ft,i i9,�
__
ft. Date/Time -- / (P , Production Rate ♦ 7,5 gpm.
measured t' ,
Static Level _ ) - Test length (hrs.)
Pumping level ft. Date/Time measured ,
Remarks ---
1 3.
1 hxv. rs.sd 114 saiem+r+ts mrd* harm and know tm contain t, ns:4 and Tui tory ars 7w to my kno fqa !Pursuant b Sacdon 24-4.104 (•4(st OPS.. Cw • •
o1 false statements heroin oonsatJtae perjury in C,e second degree and 1 punianares es a cies.' 1 misdemeanor.) J 7 C
__
74/ II. Phone _6'�-j(� 6('�Lit.. No./ 7 /:
CONTRACTOR /n(%P t r(A✓ei/ . }- 1/11r ? /�v� ,
Mailing Address
Name/Title (Please type or print)
I. 6. )..,1 i.4,0
'Signature
{/i.�- - ,
D=e
- " - 6
-e / t« F. r
.:>-----2--7C.1',"
r
Jan -15-97 09:55P Kenne+h S. Rose
970 625 4454 P_11
• •
SAMUELSON PUMP CO. INC.
P.O. BOX 297 WATER SYSTEMS
GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION
COLORADO 81602 945-6309
September 2, 1996
Scott Rose
10286 Hwy 13
Rifle, Co. 81650
Attn; Scott
On August 21, 1996 a well test was conducted on a well
at 102865 Hwy 13. The following information was obtained;
Well Depth 250'-0"
Casing size (top) 7"(steel)
Standing water level
Max, drawdown to pump intake
Production is
51'-11"
0.3 gpm
This test was conducted with the existing pump and related
equipment. The pump is a 1/2 hp. submersible. If you have
any questions please call me Raun Samuelson at 945-6309.
Sincerely;
Raun Samuelson
/ 7
2
• •
Legal description of spring location:
Ponderosa Spring #1:
T. 5 S., R. 93 W., 6th P.M.
Sec. 5: NW1/4SW1/4: Approximately 1992 feet north
of the south section line and 1014 feet east
of the west section line.
Ponderosa Spring #2:
T. 5 S., R. 93 W., 6th P.M.
Sec. 5: SE1/4SW1/4: Approximately 1154 feet north
of the south section line and 1785 feet east
of the west section line.
GARFIELD COUNTY, COLORADO
6. The proposed use of the water is:
UNITED STATES OF AMERICA RIGHT: Wildlife watering and
wildlife habitat.
KENNETH SCOTT ROSE RIGHT: Household, lawn & garden wa-
tering, irrigation, fire protection, watering of livestock
and domestic uses on 8.6 acres, with a maximum of two resi-
dential dwellings, on land described as that portion of the
SW1/4SW1/4 of Sec. 5, T. 5 S., R. 93 W. 6th P.M. lying
northeasterly of St. Hwy. 13, also known as Lots 1 and 2,
Ponderosa Subdivision.
7. Date of initiation of appropriation:
USA: October 21, 1976
ROSE: December 2, 1994
8. Amount claimed:
USA: 0.0070 cfs absolute for each spring.
ROSE: 0.1666 cfs conditional for each spring.
9. Remarks:
A. The rights of U.S.A. in said springs are senior to
those of Kenneth Scott Rose, whose rights are sub-
ject to the Special Stipulations attached hereto.
• •
SOPRIS ENGINEERING 40 LLC
:CONSULTANTS'
Kenneth S. Rose
10286 Highway 13
Rifle. CO 81650
November 11, 1996
RE: Ponderosa Subdivision, Sopris Engineering Project No. 96014.01
Dear Mr. Rose:
A percolation test was done on-site at the location of the proposed septic field. The test was performed per
Garfield County standards as required to determine the soil percolation rate. A profile hole of
approximately eight feet in depth was dug and six inches to one foot of topsoil was encountered. The
remaining soil was uniform in type and gradation. The test was performed on July 25, 1996 and the
percolation rate was determined to be one inch in 35 minutes for hole #1, one inch in 27 minutes for hole
#2 and 46 minutes for hole #3. The average is 37 minutes for one inch of percolation. The percolation
rate was very uniform for the three holes and falls close to the middle of the required rate for a standard
septic system.
A standard septic system will be adequate for the on-site soils as long as the septic system is sized for the
home.
If you have any questions or need additional information, please let me know.
Sincerely,
Sopris Engineering, LLC
Yancy Nichol, P.E.
Project Engineer
1101 Vit:noe Ro,D, Surr UL -38 • CAAGG]NDAL£, CO 81623 • 970-704-0311 • FAX: 970-704-0313
• /9-
Feb -19-97
06:33P Kenneth S. Rose 970 625 4454
• •
RIFLE FIRE PROTECTION DISTRICT
Ken Rose
10286 highway 13
Rifle, Colorado 81650
April 16, 1996
Re: Subdivision
Mr. Rose,
As par our discussion on April 12, the Rifle Fire
Protection District has reviewed your proposed subdivision
of the property located at 10286 Highway 13. As we had
discussed, your intentions are to take the property and
split it into two parcels of approximately equal size. The
intentions for the new piece of property are to put one
single family dwelling on the parcel.
This action does not make any significant impacts on
fire protection requirements of the District. The main
concern, as we had discussed, is that a defensible space
should be created around the structure to help and pretest
it in the event of a wild land fire. Obviously, though not
required, I would encourage you to work with the Fire
District and your neighbors to identify potential water
supplies for any fire suppression activities which may
arise in the future.'
The Rifle Fire Protection District finds that this
proposal complies with the current standards adopted by
the District. Thank you for your cooperation and feel free
to contact me if I can be of further assistance.
Sincerely,
Mike Morgan
Fire Marshal
Rifle Fire Protection Cistrict
Telephone(970) -1243 • Fax (970) 625-2963
1850 Railroad Avenue • P.O. Box 1133 • Rifle, Colorado 81650
P _ 02