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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 401 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.garfield-county.com Exemption from the Definition of Subdivision GENERAL INFORMATION (To be completed by the applicant.) > Street Address / General Location of Property: Approximately in the NE1/4 of the SE1/4 of Section 22, Township 3.S., Range 87 W. of the 6th P.M. ➢ Legal Description of Parent Property: See attached Exhibit C ➢ Size of Property (in acres) as of January 1, 1973: 2,100 ➢ Current Size of Property to be Subdivided (in acres): 36.98 acres ➢ Number of Tracts / Lots Created Including remainder of Parent Property: 2 > Proposed size of Tracts / Lots to be Created Including remainder of Parent Property: o Lot #: 1 containing 20.783acres o Lot #: 2 containing 16.196 acres o Lot #: containing acres o Lot #: containing acres o Lot #: containing acres ➢ Property's Zone District: A/R/RD ➢ Name of Property Owner (Applicant): Mary Jo Jacobs and Charles Van Devander ➢ Address: 1201 Indian Wells Rd. Telephone: ➢ City: Mesquite State: NV. Zip Code: 89027 FAX: Vic, f -` `J+ NT -64( i?so_-/ h c' J & C -6- 0 i''/ , C , G a'...-% ➢ Name of Owffer's Representative, if any (Planner, Attorney): Kelly Cave, Esq., Dan Kerst, P.C. ➢ Address: 823 Blake Ave., #202 Telephone: 945-2447 > City: Glenwood Springs State: co Zip Code: 81601 FAX: 945-2440 STAFF USE ONLY > Doc. No.: Date Submitted: TC Date: I. APPLICATION SUBMITTAL REQUIREMENTS As a minimum, an applicant requesting an Exemption from the Definition from Subdivision ("Exemption") shall specifically respond to all the following items below and attach any additional information to be submitted with this application: 1. Provide a narrative explaining why exemption is being requested. 2. Sketch map at a minimum scale of 1"=200' showing the legal description of the property, dimension, area, and legal description of all proposed lots or separate interests to be created, access to a public right-of-way, and any proposed easements for drainage, irrigation, access or utilities. 3. 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. 4. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant. 5. 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. 6. Evidence of soil types and characteristics of each type located on the property. 7. Provide proof of legal and adequate source of domestic water for each lot created. 8. Method of sewage disposal. 9. Provide a letter of approval of fire protection plan from the appropriate fire district in which the subject property is located. 10. If connection to a community or municipal water or sewer system is proposed, submit a letter from the governing body stating a willingness to serve the property. 11. 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. 12. A $300.00 Base Fee: Applicant shall sign the Agreement for Payment form and provide the fee with the application. 13. Submit 2 copies of this completed application form and all the required submittal materials to the Building and Planning Department. Staff will request additional copies once the Exemption application has been deemed technically complete. 2 C) II. EXEMPTION APPLICABILITY Pursuant to section 8:50 of the Subdivision Regulations, 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 of County Commissioners 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 has determined that leases, easements and other similar interests in Garfield County owned property, land for oil and gas facilities, and an accessory dwelling unit or two family dwelling that are subject to leasehold interest only and complying with the requirements of the Garfield County Zoning Resolution, are exempt from these 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. In order to qualify for exemption, the parcel as it existed on January 1, 1973, must have been 35 acres or greater in size at the time and not a 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, 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. 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. B. All Garfield County zoning requirements will be met. 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. D. Provision has been made for an adequate source of water in terms of the legal and physical quality, quantity and dependability, and a suitable type of sewage disposal to serve each proposed lot. Proof of a legal supply shall be an approved substitute water supply plan contract; augmentation plan; an approved well permit; legally adjudicated domestic water source or a contract for a permanent legal supply of domestic water to be hauled from an outside site for a cistern. Proof of the physical supply from a well for the public meeting, may be documentation from the Division of Water Resources that demonstrates that there are wells within a 1/4 mile of the site producing at least five (5) gallons/minute. Prior to the signing of a plat, all physical water supplies using a well shall demonstrate the following: 1) That a four (4) hour pump test be performed on the well to be used. 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing draw down and recharge; 3 4) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) If the well is to be shared, a legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made for these costs. 7) The water quality is tested by an approved testing laboratory and meet State guidelines concerning bacteria and nitrates. For water supplies based on the use of cistern, the tank shall be a minimum of 1000 gallons. E. Method of sewage disposal, and a letter of approval of the fire protection plan from the appropriate fire district. F. All State and local environmental health and safety requirements have been met or are in the process of being met. G. Provision has been made for any required road or storm drainage improvements. H. Fire protection has been approved by the appropriate fire district. I. Any necessary drainage, irrigation or utility easements have been obtained or are in the process of being obtained. J. All applicable taxes and special assessments have been paid. III. PROCEDURAL REQUIREMENTS (The following steps outline how the Exemption from the Definition of Subdivision application review process works in Garfield County.) 1. Submit 2 copies of this completed application form (pages 1-6) including all submittal requirements and the base fee to the Garfield County Planning Department. It will be received and given to a Staff Planner who will review the application for technical completeness within 15 working days. The Planning Department may request an extension of time from the Board of County Commissioners for such review not to exceed an additional fifteen (15) working days. 2. Once the application is deemed technically complete, the Staff Planner will send you a letter indicating the application is complete in addition to requesting additional copies of the application to be provided to the Board of County Commissioners for their review in preparation for the public hearing. 3. Staff will also send you a "Public Notice Form(s)" indicating the time and date of your hearing before the Board of County Commissioners. Prior to the public hearing, Staff will provide you with a Staff Memorandum regarding your requested Exemption application. (If 4 Staff determines you application to be deficient, a letter will be sent to you indicating that additional information is needed to deem your application complete.) 4. It is solely the Applicant's responsibility to ensure proper noticing occurs regarding the petition for an Exemption for the public hearing. If proper notice has not occurred, the public hearing will not occur. Notice requirements are as follows: a. Notice by publication, including the name of the applicant, description of the subject lot, a description of the proposed Exemption from the Definition of Subdivision and nature of the hearing, and the date, time and place for the hearing shall be given once in a newspaper of general circulation in that portion of the County in which the subject property is located at least thirty (30) but not more than sixty (60) days prior to the date of such hearing, and proof of publication shall be presented at hearing by the applicant. b. Notice by mail, containing information as described under paragraph (1) above, shall be mailed to all owners of record as shown in the County Assessor's Office of lots within two hundred feet (200') of the subject lot and to all owners of mineral interest in the subject property at least thirty (30) but not more than sixty (60) days prior to such hearing time by certified return receipt mail, and receipts shall be presented at the hearing by the applicant. c. The site shall be posted such that the notice is clearly and conspicuously visible from a public right-of-way, with notice signs provided by the Planning Department. The posting must take place at least thirty (30) but not more than sixty (60) days prior to the hearing date and is the sole responsibility of the applicant to post the notice, and ensure that it remains posted until and during the date of the hearing. 5. The Applicant is required to appear before the Board of County Commissioners at the time and date of the public hearing at which time the Board will consider the request for Exemption for the subject property. In addition, the Applicant shall provide proof at the hearing that proper notice was provided. 6. 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 may follow the subdivision procedure in these Regulations. 7. Once the Board makes a decision regarding the request for an Exemption, Staff will provide the Applicant with a letter affirming the action taken by the Board with a list of conditions, if any, to be completed by the applicant. 8. A plat of an approved or conditionally approved exemption shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) lots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign 5 } 1 ** z0 ' 30bd 117/121 ** a plat of a conditionally approved exemption until all conditions of approval have been complied with. 9_ The Applicant shall be required to submit a paper copy of the plat and proof that all the conditions of approval have been met to the Building and Planning Department at least twenty-one (21) days prior to the expiration of the 120 -day deadline required for signing the plat by the Board. This is to ensure timely Staff review of the materials submitted as well as proper scheduling the plat to be signed by the board. 10. Once all of the conditions, if any, have been satisfied, an Exemption Plat shall be presented to the Board for signature within 120 days of approval. The plat shall include a legal description of the exempted property, and Exemption Certificate, the County Surveyor's Certificate and a statement, if four (4) Tots, parcels, or interest have been created on the parcel, that "NOTE: No further divisions by exemption from definition will be allowed." The plat shall be recorded with the County Clerk and Recorder no later than thirty (30) days after the Chairman's signature. The Chairman of the Board of County Commissioners shall not sign a plat of a conditionally approved exemption until all conditions of approval have been complied with. I have read the stalements apove and have provided the required attached information which-fs, re jafid a ur a t best my knowledge. (Signatufe of applicant/owner) Last Revised: 2/2006 Z0/ 0'd OVVSV602,6T6 01 TT 6 dd I 1 >I l0,) F13N Jd t' T : L0 200E VT aid 1 UNITED STATES DEPARTMENT OF THE INTERIOR GEOLOGICAL SURVEY 309 107°15' 39°52'30" 30800o,n.E 310 4563 1 N (TRAPPERS LAKE) 314 0' 5 1APR: R5 SWEETWATER LAKE QUADRANGLE COLORADO—GARFIELD CO. 7.5 MINUTE SERIES (TOPOGRAPHIC) E CAMPGROUNO , MI.11 540000 FEET 318 ( 107°07 / /890 (30" 9°52'30" 4415 711061 4015 ///29 )/7/0 4414 EXHIBIT 4414 740 000 FEET p//004 4413 x/1495% 4413 "12 4412 50' 4411 200. 0901 50 T 2 5 T 3 5 X/0/65 4410 A410 9241' 9102 4408 °408 °407 47'30" 5 -etwate qua tl Sta, 4407 47'30" 4406 </0786 Sweetwater Cow Camp /0600 — 22 Spring 3 0 ) 6405 4405 7100001 FEET 4404 4153 _c x_,10664 26 elc, 40735- - -/0644 Creek; X/0683 L 39°107°15' 11510000 FEET 309 *2 Mapped, edited, and published by the Geological Survey O4Pr Control by USGS, NOS/NOAA, and U. S. Forest Service 61P GPeo 63 Topography by photogrammetric methods from aerial photographs taken 1964-65. Field checked 1974. Map edited 1977 Projection and 10,000 -foot grid ticks: Colorado coordinate system, central zone (Lambert conformal conic) 1000 -meter Universal Transverse Mercator grid ticks, zone 13, shown in blue. 1927 North American Datum Fine red dashed lines indicate selected fence lines Where omitted, land lines have not been established To place on the predicted North American Datum 1983 move the projection lines 6 meters north and 53 meters east as shown by dashed corner ticks There may be private inholdings within the boundaries of the National or State reservations shown on this map 310 MN GN I P I 129x° 222 MILS 1°24' 25 MILS � _ 31 ,moi\ 88 W 12'304 31 1327W UTM GRID AND 1987 MAGNETIC NORTH DECLINATION AT CENTER OF SHEET Revisions shown In purple and woodland compiled from aerial photographs taken 1984 and other source data. Partial field check by U. S. Forest Service. Map edited 1987 21 32' 312 (BROKEN RIB CREEK) 313 4563 Il NW SCALE 1124 000 0 33, 4 10' 1 MILE 000 0 HH 1-1 I—I 1 1000 2000 3000 4000 5000 6000 7000 FEET 5 CONTOUR INTERVAL 40 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 KILOMETER THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS FOR SALE BY U. S. GEOLOGICAL SURVEY DENVER, COLORADO 80225, OR RESTON, VIRGINIA 22092 A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS 15 AVAILABLE ON REQUEST 1 QUADRANGLE LOCATION 315 COLORADO 316 • LATER oR aeoLOGICAL SURVEY RtSTON viRGINIA 19e. 317000E 5 Primary highway, hard surface. ROAD CLASSIFICATION Light-duty road, hard or improved surface 4404 4453 4140202m N 39 45 107°07'30" Secondary highway, hard surface _ Unimproved road _ --- _-- 1 I Interstate Route ) U. S- Route State Route SWEETWATER LAKE, COLO. 39107 -G2 -TF -024 1977 PHOTOREVISED 1987 DMA 4563 1 SW—SERIES V877 11111111111 1111141 141 BUS 11111 1111 664680 12/08/2004 04:02P 81645 P759 M ALSDORF 1 of 4 R 21.00 D 21.00 GARFIELD COUNTY CO SPECIAL WARRANTY DEED EXHIBIT c That, 7W LAND & CATTLE CO., LTD., a Texas limited partnership (hereinafter called "Grantor"), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject to the reservations from and exceptions to conveyance and warranty set forth below, HAS GRANTED, SOLD AND CONVEYED and by these presents does GRANT, SELL AND CONVEY to MARY JO JACOBS, as to an undivided 67.1% interest, and to CHARLES VAN DEVANDER, as to remaining undivided 32.9% interest (collectively, the "Grantee"), whose address is 7425 East Kenyon, Denver, Colorado 80237, that certain property situated in Garfield County, Colorado described as follows (the "Property"): See attached Exhibit A. RESERVATIONS FROM AND EXCEPTIONS TO CONVEYANCE AND WARRANTY: Easements, rights-of-way and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that affect the Property; taxes for calendar year 2004, the payment of which Grantee assumes; and subsequent tax assessments for 2004 and prior years due to change in land usage, ownership, or both, by Grantee, the payment of which Grantee assumes. TO HAVE AND TO HOLD, the Property, together with all and singular the rights, hereditaments and appurtenances thereto belonging, unto the said Grantee and Grantee's successors and assigns forever. And Grantor hereby binds itself, its successors and assigns, to WARRANT AND FOREVER DEFEND the title to the Property unto the said Grantee and Grantee's heirs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor only. EXECUTED this /r" day of Ae44..----', 2004. 7W LAND & CATTLE CO., LTD., a Texas limited partnership John A. Mills, General Partner Page 1 of 4 HOU:2375503.1 r 1 111111 11111 1111111 111 1111 1 11111 1111111 111 1 1111 1111 11 11 664680 12/08/2004 04:02P 81645 P760 M ALSDORF 2 of 4 R 21.00 D 21.00 GARFIELD COUNTY CO STATE OF TEXAS COUNTY OF MIDLAND This instrument was acknowledged before me, by the undersigned authority, on the i day of IJOVphelbeK , 2004, by JOHN A. MILLS, as GENERAL PARTNER of 7W LAND & CATTLE CO., LT Texas Texas limited partnership. • VI VICKI STOVALL NOTARY PUBLIC (01:(10 , .7 ' State of Texas 'omm. Exp. 04-06-2007 HOU:2375503.1 Public in and for the State of Texas Page 2 of 4 111E1 Hill 1111111 111 11111 111111111111111 11111 11111111 664680 12/08/2004 04 02P 81645 P761 M ALSDORF 3 of 4 R 21.00 D 21.00 GARFIELD COUNTY CO EXHIBIT A LEGAL DESCRIPTION SURFACE ESTATE ONLY in the lands described below: A parcel of land situated in the E1/4 of Section 22, 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 east quarter corner of said Section 22, THE POINT OF BEGINNING: Thence S00°17'30'W along the easterly boundary of said Section 22 a distance of 726.79 feet to a point in an existing fence; Thence leaving said easterly boundary S05°52'56"W along said existing fence a distance of 43.05 feet; Thence continuing along said existing fence S02°19'57"W a distance of 68.03 feet; Thence continuing along said existing fence S01°55'01"W a distance of 237.32 feet; Thence continuing along said existing fence S02°01'59'W a distance of 168.12 feet; Thence continuing along said existing fence S01 °36'29' W a distance of 229.19 feet; Thence continuing along said existing fence S02°44'57'W a distance of 149.38 feet; Thence continuing along said existing fence S16°00'42"E a distance of 2.68 feet; Thence leaving said existing fence N89°56'57"W a distance of 986.70 feet; Thence N00°17'30"E a distance of 737.76 feet to a point on the southerly right-of-way of said County Road No. 151 (defined by the Road Viewer's Report shown on Map No. 1124 of Fische No. 00271 of the Garfield County Clerk and Recorder's Office); Thence along said southerly right-of-way along the arc of a curve to the right having a radius of 159.05 feet and a central angle of 27°47'18", a distance of 77.14 feet (chord bears N14°11'08"E a distance of 76.39 feet); Thence continuing along said southerly right-of-way N28°04'46"E a distance of 15.76 feet; Page 3 of 4 HOU:2375503.1 • 1111111 1 1111 1111111 111 11111 11111111111111111III 1111311 1111 664680 12/08/2004 04.02P 81645 P762 M ALSDORF 4 o5 4 R 21.00 D 21.00 GARFIELD COUNTY CO Thence continuing along said southerly right-of-way along the arc of a curve to the left having a radius of 328.30 feet and a central angle of 21°00'48", a distance of 120.41 feet (chord bears N17°34'22"E a distance of 119.73 feet); Thence continuing along said southerly right-of-way N07°04'07"E a distance of 298.54 feet; Thence continuing along said southerly right-of-way along the arc of a curve to the left having a radius of 497.89feet and a central angle of 16°43'12", a distance of 145.29 feet (chord bears N01 °17'29"W a distance of 144.78 feet); Thence continuing along said southerly right-of-way N09°39'06'W a distance of 19.08 feet; Thence continuing along said southerly right-of-way along the arc of a curve to the left having a radius of 56.93 feet and a central angle of 131°46'47", a distance of 130.93 feet (chord bears N75°32'29"W a distance of 103.92 feet); Thence continuing along said southerly right-of-way S38°34'07"W a distance of 46.53 feet; Thence continuing along said southerly right-of-way along the arc of a curve to the right having a radius of 149.86 feet and a central angie of 27°49'53", a distance of 72.79 feet (chord bears S52°29'03"W a distance of 72.08 feet); Thence leaving said southerly right-of-way N00°17'30"E a distance of 280.15 feet to a point on the east -west centerline of said Section 22; Thence S89°50'36"E along said east -west centerline a distance of 1,113.37 feet to THE POINT OF BEGINNING; said parcel of land containing 36.980 acres, more or less; Excepting therefrom County Road 151 and Road as described in Quit Claim Deed Recorded September 4, 1923 in Book 133 at Page 159 as Reception No. 84369. HOU:2375503.1 Page 4 of 4 EXHIBIT D NEIGHBORING PROPERTY OWNERS 1. John A. Mills Investments, Inc., Defined Benefit Pension Plan P.O. Box 3821 Midland, TX. 79702 (Severed Mineral Rights) 2. 7W Land & Cattle Company P.O. Box 3821 Midland, TX 79702 (Parcel No. 186322300092) 3. Hope 1721 Colorado River Rd. Gypsum, CO 81637-9614 (Parcel No. 186315400072) 4. Doris J. Miller Revocable Trust Doris J. Miller, Trustee 0123 Timber Trail Cordillera, CO 81632 (Parcel No.186323200073) 5. Mark Scott Skelton, Jr. 1445 Lake Creek Rd. Edwards, CO 81632 (Parcel No. 186323300091) I (Joins upper right) 1 540 000 FEET 20 Soil Survey Figure 3.—A wooded area of Ansel-Anvik association, 12 to 25 percent slopes. of the subsoil is stony clay loam. The lower part to a depth of 60 inches is clay loam. Permeability is moderately slow in the Ansel soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate or severe on the steeper slopes. The Anvik soil is deep and well drained. It formed in alluvium and colluvium derived dominantly from material of mixed mineralogy. Typically, the surface layer is grayish brown loam about 12 inches thick. The subsurface layer is light gray loam about 6 inches thick. The subsoil is cobbly clay loam about 24 inches thick. The substratum to a depth of 60 inches is cobbly clay loam. Permeability is moderate in the Anvik soil. Available water capacity also is moderate. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate or severe on the steeper slopes. This unit is used as woodland or as wildlife habitat. It 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 stan of even -aged trees 100 years old. The main concern it producing and harvesting timber is the slope. Applying conventional harvest methods is difficult because of th limitation. This unit is poorly suited to homesite development. The main limitations are the slope and the hazard of slumping in areas where excavations or road cuts are made. • This map unit is in capability subclass Vile, nonirrigated. It is in the Spruce -Fir woodland site. Anvik-Skylick-Sligting association, 10 to 25 pe ent slopes. This map unit is on fans and mountainsides. Elevation sis 0118 to 22 9,500infeet. e . Theh average annual precipitation average annual air temperature is 38 to 40 degrees and the average frost -free period is 70 to 80 dayy� eri' This unit is about 30 percent Anvik soil, 30 p Skylick soil, and 30 percent Sligting soil. Aspen -Gypsum Area, Colorado 21 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 material of mixed mineralogy. Typically, the surface layer is grayish brown loam about 12 inches thick. The subsurface layer is light gray loam about 6 inches thick. The subsoil is cobbly clay loam about 24 inches thick. 'The substratum to a depth of 60 inches is cobbly clay loam. Permeability is moderate in the Anvik soil. Available water capacity also is moderate. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. The Skylick soil is deep and well'drained. It formed in residuum and colluvium derived dominantly from sandstone. Typically, the surface layer is very dark grayish brown loam about 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 is moderately slow in the Skylick soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium, and the* hazard of water erosion is moderate. The Sligting soil is deep and well drained. It formed in residuum and colluvium derived dominantly from sandstone and basalt. Typically, the surface layer is very dark grayish brown very stony loam about 24 Pinches 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 is slow in the Sligting soil. Available_... water capacity is low. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of Water erosion is moderate. This unit is used as woodland, wildlife habitat, or rangeland. It 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 potential plant community on this unit is mainly bearded wheatgrass, fescues, native bromes, and mountain snowberry. Other plants that characterize this site are native needlegrasses, forbs, and shrubs. If the range condition deteriorates, Canada thistle, Kentucky bluegrass, and timothy are among the plants that increase in abundance. The potential production of the native understory vegetation in normal years is about 3,000 pounds of air-dry vegetation per acre. This unit is poorly suited to homesite development. The main limitations are the slope, the shrink -swell potential, and the hazard of slumping in areas where excavations or road cuts are made. This map unit is in capability subclass Vle, nonirrigated. It is in the Aspen woodland site. 11—Anvik-Skylick-Sligting association, 25 to 50 percent slopes. This map unit is on fans and mountainsides. 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 about 30 percent Anvik soil, 30 percent Skylick soil, and 30 percent Sligting soil. 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 material of mixed mineralogy. Typically, the surface layer is grayish brown loam about 12 inches thick. The subsurface layer is light gray loam about 6 inches thick. The subsoil is cobbly clay loam about 24 inches thick. The substratum to a depth of 60 inches is cobbly clay loam. Permeability is moderate in the Anvik soil. Available water capacity also is moderate. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate or severe on the steeper slopes. The Skylick soil is deep and well drained. It formed in residuum and colluvium derived dominantly from sandstone. Typically, the surface layer is very dark grayish brown loam about 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 is moderately slow in the Skylick soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate or severe on the steeper slopes. The Sligting soil is deep and well drained. It formed in residuum and colluvium derived dominantly from sandstone and basalt. Typically, the surface layer is -- very dark grayish brown very stony loam about 24 inches thick. The next 6 inches is extremely cobbly clay loam. The upper 6 inches of the subsoil is very cobbly clay loam. The lower part to a depth of 60 inches is very stony clay. Permeability is slow in the Sligting soil. Available water capacity is low. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate or severe on the steeper slopes. Aspen -Gypsum Area, Colorado 45 Included in this unit are small areas of Dollard, Anv k, Skylick, Sligting, Jerry, and Kilgore soils. Included areas make up about 15 percent of the total acreage. Permeability is slow in the Gothic soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is slight or moderate on the steeper- slopes. teeperslopes. This unit is used as rangeland, hayland, or pasture. It is well suited to hay and pasture. Important management concerns in areas of irrigated hay and pasture are the slow permeability and a short growing season. If properly managed, the unit can produce 3.5 tons of irrigated grass hay per acre annually. Proper 'stocking rates, pasture rotation, and restricted grazing during wet periods help to keep the pasture in good condition and protect the soil from erosion. The potential plant community on this unit is mainly Gambel oak, Saskatoon serviceberry, common chokecherry, and slender wheatgrass. Other plants that characterize this site are Letterman needlegrass, elk sedge, mountain snowberry, and big bluegrass. The average annual production of air-dry vegetation is about 2,000 pounds per acre. If the range condition deteriorates, Gambel oak, mountain snowberry, Kentucky bluegrass, and annual weeds increase in abundance. Range seeding may be needed if the range is in poor condition. -If this unit is used for homesite development, the main limitation is the shrink -swell potential. The effects of shrinking and swelling can be reduced by maintaining .c. a constant moisture content around the foundation. Backfilling excavations with material that has a low shrink -swell potential can also reduce the effects of shrinking and swelling. This map unit is in capability subclass Vie, irrigated and nonirrigated. It is in the Brushy Loam range site. 52 -Gothic loam, 6 to 25 percent slopes. This deep, well drained soil is on valley fill side slopes and on alluvial fans. It formed in alluvium derived dominantly from glacial till. Elevation is 8,200 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 60 to 80 days. TYpically, the surface layer is dark brown loam about i2 inches thick. The subsoil is clay about 22 inches f►�ck. The substratum to a depth of 60 inches is gravelly clay loam. Included in this unit are small areas of Dollard, Anvik, rakek, Sligting Jerry, and Kilgore soils. Included areas m Pe LIP about 15 percent of the total acreage. ermeabiiity is slow in the Gothic soil. Available ,at capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium or rapid, and the hazard of water erosion is moderate or severe on the steeper slopes. This unit is used as rangeland, hayland, or pasture. It is well suited to hay and pasture. Important management concerns in areas of irrigated hay and pasture are the slow permeability and a short growing season. If properly managed, the unit can produce 3.5 tons of irrigated grass hay per acre annually. Proper stocking rates, pasture rotation, and restricted grazing during wet periods help to keep the pasture in good condition and protect the soil from erosion. The potential plant community on this unit is mainly Gambel oak, Saskatoon serviceberry, common chokecherry, and slender wheatgrass. Other plants that characterize this site are Letterman needlegrass, elk sedge, mountain snowberry, and big bluegrass. The average annual production of air-dry vegetation is about 2,000 pounds per acre. If the range condition deteriorates, Gambel oak, mountain snowberry, Kentucky bluegrass, and annual weeds increase in abundance. Range seeding is suitable if the range is in poor condition. If this unit is used for homesite development, the main limitation is the shrink -swell potential. The effects of shrinking and swelling can be reduced by maintaining a constant moisture content around the foundation. Backfilling excavations with material that has a low shrink -swell potential can also reduce the effects of shrinking and swelling. This map unit is in capability subclass Vle, irrigated and nonirrigated. It is in the Brushy Loam range site. Gothic loam, 25 to 65 percent slopes. This , well drained soil is on valley fill side slopes and on alluvial fans. It formed in alluvium derived dominantly from glacial till. Elevation is 8,200 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 60 to 80 days. Typically, the surface layer is dark brown loam about 12 inches thick. The subsoil is clay about 22 inches thick. The substratum to a depth of 60 inches is gravelly clay loam. Included in this unit are small areas of Dollard, Anvik, Skylick, Sligting, Jerry, and Kilgore soils. Included areas make up about 15 percent of the total acreage. Permeability is slow in the Gothic soil. Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is moderate or severe on the steeper slopes. This unit is used as rangeland. The potential plant community is mainly Gambel oak, Saskatoon serviceberry, common chokecherry, and slender 46 wheatgrass. Other plants that characterizemountain is s site arey, Letterman needlegrass, elk sedge, and big bluegrass. The average annual production offthe air-dry vegetation is about 2,000 pounds per range condition deteriorates, Gambel oak, mountain n sr.Rangeneededu egrass, and annual weeds increareaein abundanceseeding may be if the range is in poor condition. This unit is poorly suited to homesite development. The main limitations are the shrink -swell potential and the slope. The effects of shrinking and swelling can be reduced by maintaining a constant moisture content around the foundation. Backfilling excavations vvith material that has a low shrink -swell potentialgcan also reduce the effects of shrinking, and This map unit is in capability subclass Vile, nonirrigated. It is in the Brushy Loam range site. 54—Grotte gravelly loam, 25 to 65 percent slopes. This deep, well drained soil is on mountainsides. It formed in alluvium and colluvium derived dominantly from sandstone. Elevation is 6,000 to 8,000 feet. The average annual precipitation is 15 to 17 inches, the F, average annual air temperature is 35 to 38 degrees and the average frost -free period is 80 to 105 days.aell Typically, the surface layer is grayish brown gravelly loam about 4 inches thick. The next layer is gravelly clay loam about 3 inches thick. The substratum to a depth of 60 inches or more is very channery clay loam. The soil is calcareous throughout. Included in Ishlncluded areas imake upl areas fabou Q15 t and Southace s percent of the total acreage. Permeability is moderately slow in the Grotte soil. Available water capacity is moderate. The effective rootinga depth water erosion 60 inches r more. Runoff i moderate or Iseverrapid, e on and the hazardnd of the steeper slopes. This unit is used as rangeland or as wildlife habitat. The potential plant community is mainly Indian ricegrass, bluebunch wheatgrass, botttl brruush big squirreltail, true mountainmahogany, Wyoming sagebrush, and Utah serviceberry. Other plants that characterize this site are Douglas rapmyon pine, and needleandthread, prairie juneg as Utah juniper. The average annual production of air-dry vegetation is about 600 pounds per acre. If the range condition deteriorates, Douglas rabbitbrush, Wyoming big sagebrush, cheatgrass, and annual weeds increase in abundance. Loss of the of the unit rface layr to product eseverely plantssuitable reduces the ability for grazing. This unit is poorly suited to homesite development. Soil Survey The main limitation is the slope. Slumping is common in sloping areas. This map unit is in capability subclass Vile, nonirrigated. It is in the Stony Foothills range site. 55—Gypsum land-Gypsiortkids complex, 12 to 65 percent slopes. This map unit is on mountainsides, on on hills, and along dissected drainageways (fig. 5). It hills and canyon side slopes throughout the survey area. This unit is about 65 percent Gypsum land and 20 percent Gypsiorthids. Included Cam rthids. Included this unit are sareas make up about areas of 15 and Ca percent of the total acreage. exposed parent The Gypsum land consists mainly of exp material that has a very high content of gypsum. The Gypsiorthids are shallow and moderately deep and well drained. They formed in residuum and colluvium derived dominantly from mixed material very high content of gypsum. Slope is 12 to 50 percent No single profile of these soils is typical, but one commonly observed in the suarea lhas about 8 rfa the ce layer of very pale brown fine sandy a loam. Soft, thick. The substratum is fine sandy gypsiferous shale is at a depth of about39 ices. Permeability is moderate in the Gyp s. Available water capacity is low or moderate. The effective rooting depth is 10 to 40 inches. Runoff is ve rapid, and the hazard of water erosion is slight to severe on the steeper slopes. This unit is used as wildlife habitat. The native vegetation on the Gypsiorthids is sparse grasses, for and Utah juniper. The Gypsum land supports very littl. native vegetation. This unit is poorly suited to homesite developmen The main limitations are soe se slopetrength du , the hant `Ne zard of erosion, piping, and Io periods. This map unit is in capability class VIII. No ranges. is assigned. 56—Ipson cobbly loam, 3 to 25 percent slopes This deep, well drained soil is on terraces, terrace s: slopes, and fans. It formed in alluvium and outwas derived dominantly from sandstone ee averagebsalt. . Elevation is 6,700 to 8,300g annual precipitation is 13 to 15 inches, the averag temperature is 42 to 46 degrees F, and the avere'' frost -free period is 70 to 90 days. About 10 to 20 percent of the surface is cove,r,e brown ob cobbles. Typically, the surface layer is 12 inches q loam about 14 inches thick. The upper=:i gypsum Area, Colorado 51 ed in this unit are small areas of Cochetopa, s, Anvik, Skylick, Sligting, Yeljack, and Callings :luded areas make up about 10 percent of the 'age. arry soil is deep and well drained. It formed in derived dominantly from sandstone and shale. , the surface layer is dark grayish brown loam inches thick. The subsoil is channery clay )ut 23 inches thick. The substratum to a depth hes is very channery clay loam. The content of .agments ranges from 15 to 35 percent, by in a major part of the subsoil and substratum. ;ability is moderate in the Jerry soil. Available pacity also is moderate. The effective rooting 60 inches or more. Runoff is rapid, and the f water erosion is moderate. lillerlake soil is deep and well drained. It formed m derived dominantly from sedimentary Typically, the surface layer is dark gray loam inches thick. The subsoil is clay loam about 11 lick. The upper 14 inches of the substratum is �. The lower part to a depth of 60 inches is bly loam. )ability is moderately slow in the Millerlake soil. iwater capacity is high. The effective rooting 60 inches or more. Runoff is medium, and the f water erosion is moderate. nit is used as rangeland, pasture, or wildlife otential plant community on the Jerry soil is fountain brome, elk sedge, mountain ry, Gambel oak, and Saskatoon serviceberry. rnts that characterize this site are slender iss, needlegrass, and western wheatgrass. The annual production of air-dry vegetation is about unds per acre. If the range condition tes, Gambel oak, mountain snowberry, and m serviceberry increase in abundance. Dtential plant community on the Millerlake soil bluebunch wheatgrass, Indian ricegrass, ass, and Saskatoon serviceberry. Other plants acterize this site are muttongrass, Idaho antelope bitterbrush, and mountain big .h. The average annual production of air-dry n is about 1,200 pounds per acre. If the range deteriorates, mountain big sagebrush, snowberry, and forbs increase in abundance. ants are dominant when the range is in poor ; therefore, livestock grazing should be so that the desired balance of the preferred s' maintained. If the condition of the range ?teriorates, Canada thistle, cheatgrass, ," knotweed, tarweed, and houndstongue increase in abundance. Range seeding may be needed if the range is in poor condition. — This unit is well suited to hay and pasture. The main limitation is the restricted permeability. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. If this unit is used for homesite development, the main limitations are the shrink -swell potential and large stones. Population growth has resulted in increased construction of homes in areas of this unit. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, 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 a low shrink -swell potential. This map unit is in capability subclass Vle, irrigated and nonirrigated. The Jerry soil is in the Brushy Loam range site, and the Millerlake soil is in the Stony Loam range site. erry-Millerlake loams, 6 to 25 percent slopes. ap unit is on alluvial fans and valley side slopes. Elevation is 7,500 to 9,500 feet. The average annual precipitation is 18 to 20 inches, the average annual air temperature is 37 to 40 degrees F, and the average frost -free period is 75 to 85 days. This unit is about 50 percent Jerry soil and 40 percent Millerlake soil. 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 about 11 inches thick. The subsoil is channery clay loam about 23 inches thick. The substratum to a depth of 60 inches is very channery clay loam. The content of coarse fragments ranges from 15 to 35 percent, by volume, in a major part of the subsoil and substratum. Permeability is moderate in the Jerry soil. Available water capacity also is moderate. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is severe. 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 about 19 inches thick. The subsoil is clay loam about 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. Permeability is moderately slow in the Millerlake soil. 52 Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is medium, and the hazard of water erosion is moderate. This unit is used as rangeland, pasture, or wildlife habitat. The potential plant community on the Jerry soil is mainly mountain brome, elk sedge, mountain snowberry, Gambel oak, and Saskatoon serviceberry. Other plants that characterize this site are slender wheatgrass, needlegrasses, and western wheatgrass. The average annual production of air-dry vegetation is about 2,000 pounds per acre. If the range condition deteriorates, Gambel oak, mountain snowberry, and Saskatoon serviceberry increase in abundance. The potential plant community on the Millerlake soil is mainly bluebunch wheatgrass, Indian ricegrass, needlegrass, and Saskatoon serviceberry. Other 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 in abundance. These plants are dominant when the range is in poor condition; therefore, livestock grazing should be managed so that the desired balance of the preferred species is maintained. If the condition of the range further deteriorates, Canada thistle, cheatgrass, stickseed, knotweed, tarweed, and houndstongue increase in abundance. Range seeding may be needed if the range is in poor condition. The main This unit is well suited to hay and pasture. limitation is the restricted permeability. If properly managed, the unit can produce 4 tons of irrigated grass hay per acre annually. If this unit is used for homesite development, the main limitations are the shrink -swell potential and large stones. Population growth has resulted in increased construction of homes in areas of this unit. The gravel and cobbles in disturbed areas should be removed if the site is landscaped, 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 a low shrink -swell potential. This map unit is in capability subclass Vle, irrigated and nonirrigated. The Jerry soil is in the Brushy Loam range site, and the Millerlake soil is in the Stony Loam range site. 67—Jerry-Millerlake loams, 25 to 45 percent slopes. This map unit is on alluvial fans and valley side slopes. Elevation is 7,500 to 9,500 feet. The average annual precipitation is 18 to 20 inches, the average Soil Survey annual air temperature is 37 to 40 degrees F, and the average frost -free period is 75 to 85 days. This unit is about 50 percent Jerry soil and 40 percent Millerlake soil. Included in this unit are small areas of Cochetopa, Antrobus, Anvik, Skylick, Sligti a out 1jack, and 10 percent Callings soils. Included areas make up 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 about 11 inches thick. The subsoil is channery clay loam about 23 inches thick. The substratum to a depth of 60 inches is very channerY clay loam. The content of, coarse fragments ranges from 15 to 35 percent, by volume, in a major part of the subsoil and substratum. Permeability is moderate in the Jerry soil. Available water capacity also is °derat. The Runoff is rap'deative nd the rooting depth is 40 to 60 inches. hazard of water erosion is severe. The Millerlake soil is deep and well drained. It form in alluvium derived dominantly from sedimentary bedrock. Typically, the surface layer is dark gray loam about 18 inches thick. The subsoil is clay loam about 1 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. Permeability is moderately slow in the Millerlake sol Available water capacity is high. The effective rooting depth is 60 inches or more. Runoff is rapid, and the hazard of water erosion is severe. This unit is used as rangeland or as wildlife habitat:; The potential plant community on the Jerry soil is mainly mountain brome, elk sedge, mountain snowberry, Gambel oak, and Saskatoon serviceberry. Other plants that characterize this site are slender .o wheatgrass, other wheatgrasses, and edle r The average annual production of air-dry vegetation about 2,000 pounds per acre. If the range condition, deteriorates, Gambel oak, mountain snowberry, ani Saskatoon serviceberry increase in abundance. The potential plant community on the Millerasslak es is mainly bluebunch wheatgrass, Indian riceg needlegrass, and Saskatoon serviceberry. Other PI that characterize this site are muttongrass, Idaho fescue, antelope bitterbrush, and mountain big sagebrush. The average annual production of air> vegetation is about 1,200 pounds per acre. If thed r condition deteriorates, mountain big sagebrush, mountain snowberry, and forbs increase in abund plants are dominant when the range is in These be condition; therefore, livestock grazing should prefer managed so that the desired balance of the panes species is maintained. If the condition of the AspE furth stick incre rang If main stonE in in( The ema used can t and t swell non Th site,; site '< 68 deep; deprE from 5,700 12 to 40 to 80 to loarni subsl part 1 loam, Int Gal abol P watej deptf ani e ,11fi suite ti Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 EXHIBIT WELL PERMIT NUMBER 272605 DIV. 5 WD 53 DES. BASIN MD MARY JO JACOBS & CHARLES VAN DEVANDER 10396 WHISPERING PINE DRIVE FRISCO, TX 75034- (972) 720-6698 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 22 Township 3 S Range 87 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Ft. from Section Line Section Line UTM COORDINATES IMeters,Zone:13,NAD83) Easting: Northing: 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT 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 this permit does not ensure 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. 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. Approved pursuant to CRS 37-92-602(3)(b)(I) for uses as described in CRS 37-92-602(1)(f). Use of this well is limited to monitoring water levels and/or water quality sampling. This well is known as Jacobs & Van Devander Monitoring/Observation Well no. 1. Approved as a well on a tract of land of 36.98 acres described as that portion of the NE 1/4 of the SE 1/4, Sec. 22, Twp. 3 South, Rng. 87 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well. The well must be kept capped and locked at all times except during sampling or measuring. Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to the Division of Water Resources upon request. Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water Well Construction Rules. A Well Abandonment Report must be completed and submitted to the Division of Water Resources within 60 days of plugging. The owner shall mark the well in a conspicuous place with the well permit number and name of aquifer as appropriate, and shall take necessary means and precautions to preserve these markings. This well must be constructed by or under the supervision of a licensed well driller or other authorized individual according to the Water Well Construction Rules. If non-standard construction is anticipated, a variance request must be submitted in accordance with Rule 18 and approved prior to well construction. A Well Construction and Test Report (Form GWS -31), including lithologic log must be submitted by the individual authorized to construct the well. For non-standard construction, the report must include an as -built drawing showing details such as depth, casing, perforated zones, and a description of the grouting type and interval. Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as -built well location on work reports required by Rule 17.3 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual location. The location information must include either the 1/4, 1/4, Section, Township, Range, and distances from section lines, or a GPS location pursuant to the Division of Water Resources' guidelines. NOTE: Parcel Identification Number (PIN): 23-1863-224-00-113 NOTE: Assessor Tax Schedule Number: R041913 (totaling 36.98 acres) ' 2 /22_7.4o0 7 APPROVED DMW \Receipt No. 9502726 State Engineer DATE ISSUED 02-12-2007 By EXPIRATION DATE 02-12-2009 Kelly Cave From: Dave Vroman [dave©gypsumfirerescue.org] Sent: Monday, February 12, 2007 11:17 AM To: Kelly Cave Subject: RE: Letter of approval of fire protection plan Page 1 of 2 Morning Kelly this note can be your first letter of acceptance for this project. This property is in the fire district and will have fire protection. There is still two things that district needs. A map detail that shows the potential building envelopes and the access road to those lots. I look forward to working with ya on the project and hope your Monday is going well. Thanks, Dave From: Kelly Cave [mailto:kelly@dankerstpc.com] Sent: Wednesday, February 07, 2007 10:30 AM To: Dave Vroman Subject: FW: Letter of approval of fire protection plan Hi Dave—Just checking in to see if you had a chance to determine if there is adequate fire protection for my client's property. Thanks for your help! Kelly Cave, Esq. Dan Kerst, P.C. 823 Blake Ave. #202 Glenwood Springs, CO (970) 945-2447 From: Kelly Cave [mailto:kelly@dankerstpc.com] Sent: Wednesday, January 31, 2007 9:17 AM To: 'davev@gypsumfirerescue.org' Subject: Letter of approval of fire protection plan Dave, Attached are the assessor's information on the property and maps. The assessor's maps overlap. You can tape them together to give you a bigger picture. The maps do not show all of County Road 151 for some reason, but I am sure that you know the roads in the area. As I mentioned on the phone today, my client is applying for a subdivision exemption from Garfield County to split this 36.98 acre parcel into 2 lots along County Road 151. We need a letter from you stating that fire protection is approved for the 2 lots. Please call me with any questions. Thank you for your help. Kelly Cave, Esq. Dan Kerst, P.C. 823 Blake Avenue, Suite 202 2/12/2007 I Form No. GWS -25 APPLICANT OFFICE OF THE STATE ENGINEER COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 1095 WELL PERMIT NUMBER 273571 DIV. 5 WD 53 DES. BASIN MD MARY JO JACOBS & CHARLES VAN DEVANDER 10396 WHISPERING PINE DRIVE FRISCO, TX 75034- (972) 720-6698 PERMIT TO CONSTRUCT A WELL APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SE 1/4 Section 22 Township 3 S Range 87 W Sixth P.M. DISTANCES FROM SECTION LINES Ft. from Section Line Ft. from Section Line UTM COORDINATES (Meters,Zone:13,NAD83) Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS 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 this permit does not ensure 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. 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 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 36.98 acres described as that portion of the NE 1/4 of the SE 1/4, Sec. 22, Twp. 3 South, Rng. 87 West, 6th P.M., Garfield County, more particularly described on the attached exhibit A. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside not more than three (3) single family dwellings, the watering of poultry, domestic animals and livestock on a farm or ranch and the irrigation of not more than one (1) acre of home gardens and lawns. 5) The pumping rate of this well shall not exceed 15 GPM. 6) The return flow from the use of this well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) Pursuant to Rule 6.2.3 of the Water Well Construction Rules, the well construction contractor shall submit the as -built well location on work reports required by Rule 17.3 within 60 days of completion of the well. The measured location must be accurate to 200 feet of the actual location. The location information must include either the 1/4, 1/4, Section, Township, Range, and distances from section lines, or a GPS location pursuant to the Division of Water Resources' guidelines. NOTE: NOTE: NOTE: APPROVED DMW Permit no. 272605 was previously issued for this lot. Parcel Identification Number (PIN): 23-1863-224-00-113 Assessor Tax Schedule Number: R041913 (totaling 36.98 acres) Receipt No. 9502786 State Engineer 7 By DATE ISSUED 05-11-2007 EXPIRATION DATE 05-11-2009 , ATTORNEYS DAN KERST dan@dankerstpc.com KELLY CAVE kelly@dankerstpc.com DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 May 11, 2007 Dave Pesnichak Senior Planner—Long Range Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 PARALEGAL ELISABETH GETZEN egetzen@dankerstpc.com Via Hand Delivery Re: Supplemental Information to Van Devander Subdivision Exemption Application File #: 12579 Dear Dave: Our office represents Charles Van Devander and Mary Jo Jacobs in regards to their subdivision exemption application previously submitted on February 20, 2007. As you know, on April 6, 2007, Mary Ray, Senior Planning Director, sent out a completion letter approving of the application and scheduled the Board of County Commissioners meeting for May 21, 2007. On April 18, 2007, I received an email from you stating that additional information is required in regards to the following concerns. I address each of your concerns below: 1. Section 8:42(D): Proof of An Adequate Physical Supply of Water and Proof of Legal Source of Water for Each Lot Has Not Been Addressed. The original application included a copy of a monitoring well Permit No. 272605 at Exhibit F. It was my client's intention to convert this monitoring well into an exempt residential water well for ordinary household use for up to three single-family residences and to execute a well -sharing agreement for the two lots upon the approval of the subdivision exemption. In your email dated April 18, 2007, you stated that a second monitoring well or augmentation plan was required to provide legal water to each lot. Rather than apply for a second monitoring well, we decided to apply for a Residential Water Well Permit Application for up to three dwellings on a 35+ acre parcel. After speaking with the Division of Water Resources, I expect that this permit will be issued before the May 21, 2007 Board of County Commissioners meeting. Therefore, by May 21, 2007 we should have a residential well permit for ordinary household use in up to three (3) single family dwellings with irrigation of up to one acre of home garden and lawn and watering of domestic animals and a monitoring well permit (No. 272605 see Exhibit F). I expect that approval of the residential well permit described herein and execution of a well sharing agreement will be a condition of approval. A draft of the proposed well sharing agreement is attached as Exhibit H. As you know, the benefit of sharing the residential well for a 35+ acre parcel is the ability of both lots to water lawns, gardens and domestic animals. However, it is our intent to leave the option May 11, 2007 Page 2—Dave Pesnichak, Supplement to Van Devander Subdivision Exemption open for the future owner of the lot that does not contain the residential well to apply for a separate domestic only (no lawn watering) well. Therefore, we would request that if the subdivision exemption is approved, that the owners of the lots are granted the opportunity to apply for a second domestic well if the parties choose not to share one well. The monitoring well Permit No. 272605 could be converted into a second well on the lot that does not contain the residential well. Physical supply of water is demonstrated by the location of a well within 1/4 mile of the site that produces 10 gallons/minute. Attached as Exhibit I is the well permit information from the Division of Water Resources for Well Permit No 238211. 2. Section 8:42(A): Demonstration that the County Road Which Separates the Two Proposed Parcels Does In Fact Prevent "Joint Use". Traffic on County Road 151 prevents joint use of the two (2) proposed parcels. The subject property is split by a public right-of-way, County Road 151, which is a primary access route to National Forest land and receives traffic from hunters, snowmobilers, etc. There is a guest ranch and motorcycle track above the property which has regular traffic to and from it. The motorcycle track is used by the owners' sons who are very big in the Dirt Track Racing circuit. They bring a lot of guests, and trainers on the road, and they haul large trailers full of dirt bikes. The road is showing wear and tear from the increased traffic in the last two years. New development or proposed development in the area include the Wind Dance subdivision, possible expansion of Sweetwater Resort, and 7-W Ranch has just completed a Lodge Renovation to accommodate large group activities such as weddings, etc. All of these projects will further increase traffic on the public -right of -way. In addition, the topography of the property prevents joint use since the land on the north side of the road is mostly flat with little vegetation while the land on the south side is steep and covered with trees. Please contact me if you have any questions in regards to the application or need any additional information. Yours very truly, KELLY CAVE xc: Charles Van Devander Patty Hood 0,01 \Vrp Devenler\LTh Rs.khd 1 d DRAFT WATER WELL SHARING AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into on this day of , 2007, by and between Mary Jo Jacobs and Charles Van Devander, the owners of real property described as Lot B-1 and Lot B-2, Van Devander Subdivision Exemption, Garfield County Colorado. Lot B-1 and Lot B-2 are collectively referred to as the "Lots." WHEREAS, each of the parties and their successors in interest are to be the joint owners of a water well constructed under Colorado Division of Water Resources Well Permit No. (the "Well") and shall be joint owners of the water well and casing as constructed and installed and of the water to be diverted by said well system for providing ordinary household use in up to three single-family dwellings, irrigation of up to one acre of home garden and lawn, and watering of domestic animals, on the respective properties of the parties; and WHEREAS, the Well and casing and pump shall be utilized by said owners as a lawful water right; and WHEREAS, the Well and water system required is drilled and completed and will require continuing maintenance and operation, the costs of which must be borne by the owners and users thereof; and WHEREAS, said owners as parties hereto desire to enter into this Agreement for the purpose of clarifying respective rights and duties and establishing recorded non-exclusive easements and procedures for jointly operating the Well and delivering water to the Lots, for providing a method for equitably dividing the water derived from operation of the system, and for equitably allocating the shared payment of costs of operation and maintenance of the water well and its pump and other structures by all of the parties. NOW THEREFORE, in consideration of the mutual obligations, promises, and covenants set forth herein, and the due performance thereof, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, including but not limited to the acceptance of the benefits and detriments deriving herefrom, the above-named parties agree as follows: 1. Each of the respective owners of the Lots shall be deemed to own an undivided one-half (1/2) share of the subject well permit, well, pump, fittings at the well head, meters (whether existing now or to be installed at a later time), pump house, foot valves, and any pipes or pipelines and any other structures which are jointly used. 2. No owners of the Lots are deemed to have any ownership right in and to any pipe, pipeline or other structure used or required solely by the owner of another of the Lots which may utilize any portion of the water flowing from this water well and its structures. This Agreement EXHIBIT 19 does not intend to relate to such individually owned or used rights or structures. Nothing in this Agreement shall be construed to give any party any rights to such non -shared property of other parties nor to obligate any party to pay any costs associated with non -shared structures. 3. The parties shall cooperate with each other at all times in all matters necessary to promote the proper construction, completion and functioning and use of the water system in such manner as to provide to their respective uses an optimum water supply on demand al all times possible based upon the natural availability of water. The parties agree to not waste water and to endeavor to use no more than their respective shares of the available water. Waste or over -use shall be deemed to be a material breach of this Agreement for which the non -defaulting party may seek remedy at law or equity for damages or for injunctive relief, or both. Unless otherwise agreed by each owner, no owner of one of the Lots shall use more than one-half (1/2) of the water legally allocated to the well (i.e. 7.5 g.p.m.). In the event the water physically available from the well is less than the legally available amount, then each owner shall proportionately reduce the consumption of same to one-half (1/2) the amount actually available. In no event shall the well be pumped at a rate exceeding the permitted amount. Any household use of the well water must provide for return flow through an individual sewage disposal system of the non -evaporative type, returning the water to the watershed in which the well is located. 4. The actual and continuing costs of operation, maintenance, extension, upgrading, cleaning, repairing and all other work required on shared components of this water system to cause the water at the well to become and remain available to deliver water to the parties shall be shared by the parties in proportion to their share in the well. This Agreement shall relate only to costs incurred after the date hereof. Electrical charges for the operation of the well any augmentation water, if necessary, shall be shared equally. 5. Subject to the provisions in paragraph 4, above, any party who has been using water from this system and at any time elects not to share in costs, necessary repairs, maintenance, replacement, and similar requirements which are necessary to maintain the water well and deliver the subject water, shall not receive water from the system. At such time as said electing party chooses to resume use of water from the system said party may do so upon reimbursement to the other user the full cost of said party's share of such expenditures with legal interest retroactive to the expenditure date. 6. The owners agree to cooperate in the future maintenance, operation, repair, replacement or improvement of all common facilities. In the event the owners are unable to agree on any required maintenance, repair, replacement or improvement, any owner shall be entitled to undertake the minimal maintenance, repair, replacement or improvement necessary and essential for proper functioning of the common facilities. In the event an owner determines to undertake such work unilaterally, such owner shall notify the other owner in writing. The owner undertaking the work shall, upon completion, provide the other owner with a written statement of work performed and the other owner's proportionate share of the cost of same. In the event an owner fails to pay the proportionate share of any amount due within thirty (30) days 2 after presentment, the owner which has paid such cost and expense shall be entitled to pursue any remedy available at law or in equity for a breach. The court, in its discretion, may award to the prevailing party court costs and attorney's fees incurred. 7. Mary Jo Jacobs and Charles Van Devander hereby grant and dedicate a common, non-exclusive easement across that portion of Lot B-2, Van Devander Subdivision Exemption, designated on the final plat thereof, as necessary and sufficient for this Agreement to be performed for the benefit of the respective owners of Lots B-1 and B-2, as users of the shared well, pump, and common pipeline and treatment system, and also grants a non-exclusive easement for non -shared or individual pipelines conveying water to the respective Lots over and across the easement. A legal description of the easement is attached hereto as Exhibit A and incorporated herein by this reference however the location of the well and pipelines shall control over the attached map. The Owners of Lot B-1 and Lot B-2 shall not install any improvements in the easement area that may affect the use and operation of the well and pipelines including but not limited to structures of any kind, trees or other landscaping other than grass or easily removable and replaceable landscaping. 8. Each party agrees to not interfere at any time with the proper use by any other party of its interest in any water structure and shall indemnify and hold harmless all other parties and users from any loss or damage or injury caused by the acts of said indemnifying party. 9. This Agreement shall be binding upon and inure to the benefit of the parties, their heirs, devisees, executors, administrators, assignees, transferees, and successors in interest, and the easements and covenants granted or agreed to herein shall be deemed to run with the land and shall encumber the land of each party for the benefit of the properties of the parties as described herein. Upon execution by the parties, this Agreement shall be recorded in the records of the Garfield County Clerk and Recorder's Office, and shall run with the lands identified herein. 10. This Agreement embodies the entire and complete agreement of the parties on the subject matter herein. No promise or undertaking has been made by any party, and no understanding exists with respect to the transaction contemplated, except as expressly set forth herein. All prior and contemporaneous negotiations and understandings between the parties are integrated and merged into this Agreement. 11. Amendment. This Agreement may be amended from time to time by a written instrument executed by the owners of Lots B-1 and B-2. 12. The laws of the State of Colorado shall govern the validity, effect and construction of this Agreement. [signatures and notary on next page] 3 DRAFT IN WITNESS WHEREOF, the parties have signed this Agreement on the date stated above. Mary Jo Jacobs Charles Van Devander STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 2007, by Mary Jo Jacobs. Witness my hand and official seal. My commission expires: Notary Public STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me on this day of , 2007, by Charles Van Devander. Witness my hand and official seal. My commission expires: 4 Notary Public EXHIBIT I Wells Within 1/4 mile of proposed subdivision Receipt 0481038 Permit Number 238211 Division 5 City MIDLAND Permit Suffix Permit Replacement Date Received 08/20/2001 Permit Status Well permit issued. Interim Status Resubmitted date. Interim Date 08/20/2001 Water District 53 Designated Basin Management District Name MILLS JOHN A TRUSTEE Address 1 PO BOX 2281 Address 2 City MIDLAND State TX Zip 79702- Aquifer 1 ALL UNNAMED AQUIFERS Aquifer 2 Subdivision Lot Block Filing Use 1 DOMESTIC Use 2 Use 3 ISSUED UNDER PRESUMPTION 3b -IIA Yield (gaUmin) 10 Depth (feet) 72 Level (feet) 35 Meridian S Township 3 Township Half Township Dir S Range 87 Range Half Range Dir W Section 23 Section Half Qtr 160 SW Qtr 40 NW Qtr 10 Coords NS (feet) 1840 Coords NS Dir S Coords EW (feet) 420 Coords EW Dir W ATTORNEYS DAN KERST dan@dankerstpc.com KELLY CAVE kelly@dankerstpc.com DAN KERST, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 823 BLAKE AVENUE, SUITE 202 GLENWOOD SPRINGS, COLORADO 81601 TELEPHONE: (970) 945-2447 FACSIMILE: (970) 945-2440 February 20, 2007 Fred Jarman Garfield County Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, CO 81601 Re: Van Devander Subdivision Exemption Application File #: 12579 Dear Fred: PARALEGAL ELISABETH GETZEN egetzen@dankerstpc.com RECEIVED FEB 2 0 2007 GARFIELD COUNTY BUILDING & PLANNING Via Hand Delivery Our firm represents Charles Van Devander who owns property located in Section 22, Township 3 South, Range 87 West of the 6`h Principal Meridian with his mother, Mary Jo Jacobs. Mr. Van Devander and Ms. Jacobs would like to divide the parcel into two (2) lots due to the location of County Road 151, which splits the parcel preventing joint use. In compliance with Garfield County's submittal requirements, the applicants provide the following information for your review: 1. Exhibit A is a preliminary exemption plat from High Country Engineering showing the legal description of the property and proposed lots. Access is gained from County Road 151. 2. Exhibit B is a U.S.G.S. quadrangle map for Sweetwater Lake, Colorado. 3. Exhibit C is the deed showing ownership by the applicants. 4. Exhibit D provides the 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. 5. Exhibit E provides evidence of soil types and characteristics located on the property from the Soil Survey of Aspen -Gypsum Area, Colorado and applicable soil descriptions. 6. Exhibit F is a copy of Well Permit No. 272605. If the exemption is approved, the applicant will proceed to drill the well. One of the lots may be sold in the future, and the new owner may apply for an additional well permit or execute a well sharing agreement with applicant. \\Dant\Mc smkedk\V., DevanderLTR J.... v$ February 20, 2007 Page 2—Fred Jarman, Van Devander Subdivision Exemption 7. Sewage disposal shall be provided from individual sewage disposal systems, one for each lot. If the exemption is approved, the applicants intend to sell the northern parcel and each landowner shall apply for and build ISDS to serve their lot. 8. The property is located in the Gypsum Fire Protection District. Our office contacted the Chief, Dave Vroman, and Mr. Vroman responded with an email attached at Exhibit G which states that the property is located in the Gypsum Fire Protection District and that it will have fire protection. Upon approval of the exemption, building envelopes and access roads will be provided to Chief Vroman for the official letter of approval. 9. The property will be served by individual residential wells and will not connect to a community or municipal water or sewer system. 10. As of January 1, 1973, it is our understanding that the property was previously owned by the Stephens family and/or the Stephens Land Co. as part of a larger parcel totaling approximately 2,100 acres. Furthermore, the subject property is split by a public right- of-way, County Road 151, preventing joint use of the property. At the discretion of the Board, these parcels may not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable. 11. A check in the amount of $300.00 for the base fee. Please contact me if you have any questions in regards to the application or need any additional information. Yours very truly, KELLY CAVE xc: Charles Van Devander %Dau I%file amraeeWkWao Dsvander\L'IR laraosov,,yl