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HomeMy WebLinkAbout1.0 ApplicationBEFORE THE BOARD OF COUNTY COMMISSION'LRS OF E GARFIELD COUNTY, COLORADO PETITION FOR EXEMPTION Pursuant .to C.R.S. (1973) Section 30-28-101 (10) (a) - (d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted April 23, 1984 Section 2:20.49, 7-7 the undersigned t .G� / ZdQ At respectfully petitions the Board of County Commissioners of Garfield County, Colorado, to exempt by Resolution the division of / O f acre tract of land into a-, tracts of approximately _ + acres each, more or less, from the definitions of "subdivision" and "su divided land" as the terms are used and cjefuned in C.R.S. (1973) Section 30-28-101 (10) (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; B. Vicinity map at a minimum scale of 1"=2000' showing the general topographic and geographic relation of the proposed exemption to the surrounding area within two (2) miles, for which a copy of U.S.G.S. quadrangle map may be used. C. Copy of the deed showing ownership by the applicant, or a letter from the property owner(s) if other than the applicant; and D. Names and addresses of owners of record of land immediately adjoining and within 200 feet of the proposed exemption, mineral owners and lessees of mineral owners of record of the property to be exempted, and tenants of any structure proposed for conversion; and E. Evidence of the soil types and characteristics of each type; and F. Proof of legal and adequate source of domestic water for each lot created, method of sewage disposal, and leiter of approval of fire protection plan from appropriate fire district; and G. If connection to a community of municipal water or sewer system is proposed, a letter from the governing body stating a willingness to serve; and H. Narrative explaining why exemption is being requested; and I. It shall be demonstrated that the parcel existed as described on January 1, 1973 or the parcel as it exists presently is one of not more than three parcels created from a larger parcel as it existed on January 1, 1973. J. A $300.00 fee must be submitted with the application. ) e- r Are—a Petition x� M i 'ng Address_ /2Rf/A/i /N. 37 C t State Telephone Number • • GARFIELD COUNTY LAND SURVEY PLAT REVIEW FORM EXEMPTION PLATS NAME OF PLAT: L LD0i'L% DATE PLAT RECEIV D. J' SURVEYOR: Sr1/1/ ADDRESS: /00/ 67,4:24SVL) AUe PHONE 1: / 7 DATE OF REVIEW: REVIEW BY: f<1_N" p&s0A/ THE FOLLOWING ARE TAKEN FROM COLORADO REVISED STATUES 38-51-101 REGARDING THE MONUMENTATION OF LAND SURVEYS AND 38-51-102 REGARDING THE MINIMUM STANDARDS FOR LAND SURVEY PLATS, AS REVISED. INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: SCALED DRAWING RECORDED/APPARENT RIGHT-OF-WAY AND EASEMENTS OR, STATEMENT OF CLIENT NOT REQUESTING LOCATION OF EASEMENTS ALL DIMENSIONS NECESSARY TO ESTABLISH BOUNDARIES IN THE FIELD SURVEYORS STATEMENT ✓ BASIS OF BEARINGS DESCRIPTION OF ALL MONUMENTATION EITHER FOUND OR SET GRAPHIC SCALE NORTH ARROW TITLE DESCRIPTION SIGNATURE AND SEAL OF THE LAND SURVEYOR ✓' ANY CONFLICTING BOUNDARY EVIDENCE THE FOLLOWING ARE TAKEN FROM THE GARFIELD COUNTY SUBDIVISION REGULATIONS SECTION 8 REGARDING SUBDIVISION PLATS. INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: LEGIBLE DRAFTING PERMANENT REPRODUCIBLE MATERIAL MINIMUM SCALE ( 1"=200' ) NAME OF SUBDIVISION LEGAL DESCRIPTION COUNTY SURVEYOR CERTIFICATE --" SURVEYORS CERTIFICATE J ----CLERK AND RECORDERS CERTIFICATE EXEMPTION CERTIFICATE COMMENTS: 8/93 A) B) C) D) E) G) H) 1) Petition tor Exemption Property of Cary Weldon Summary of Exhibits Sketch Map: See attached Exhibit 1, plotted based upon record USGLO Survey. Vicinity Map: See attached Exhibit 2, subject property sketched onto USGS Quad Map. Copy of Deed: See attached Exhibit 3. Name and Address of Adjacent Owners: (See attached Exhibit 4) County Assessor Schedule # Owner and Address 2407-025-00-055 Cecil Gardener P.O.Box 425, Parachute, CO. 81635 Craig (1/2) and Christy (1/2) Hayward 7454 Park Cir., Boulder, CO. 80301 Ruth McLaughlin Trust 1625 ShermanRd.,Northbrook,IL.60062 Joan Savage 5953 County Road #320, Rifle, CO. 81650 United States of America Bureau of Land Management Delbarco, Inc. P.O.Box 781581, Wichita, (Book 800, Page 27) 5, copy of USDA Soils Map, Rulison Area. 2407-026-00-072 2407-025-00-135 2407-025-00-153 2407-036-00-956 Mineral Rights Evidence See attached Exhibit Water and Sewer: See attached Exhibit 6. Water: Application for existing well. Sewer: Individual Septic Systems. Fire Pretection: Grand Valley Fire Connection to Municipality: None. Narrative: See Exhibit 7. Demonstration of Exemption Applicability: See Hayward, Claude to Hayward, Lee - Sept. 15, 1972, 332 Hayward, Lee to Weldon/Atwood - Oct. 6, 1976, 40 acre of Soils: KS. 67278 Protection District, Letter of Approval Attached. Exhibit 8. acre tract. tract from 332 acre tract. Form No. OFFICE OF THE STATiELNGINEER GWS -2F COLORADO DMSIONW WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT CARY WELDON BOX 846 MARTIN TN 38237- (901) 587-6076 PERMIT TO USE AN EXISTING WELL • EXST WELL PERMIT NUMBER 201786 DIV. 5 CNTY. 23 WD 45 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY NE 1/4 SW 1/4 Section 25 Twp 7 S RANGE 95 W 6th P.M. DISTANCES FROM SECTION LINES 1600 Ft. from South Section Line 2.500 Ft. from West Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDMONS 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 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 40 acres described as the NE 1, SW 1/4, Sec. 25, Twp. 7 South, Rng. 95 West, 6th P.M., Garfield County. 4) Approved for the use of an existing well, constructed without a permit or other approval. 5) The use of ground water from this well is limited to fire protection, ordinary household purposes inside up to 3 single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. 6) The maximum pumping rate shall not exceed 15 GPM. 7) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 8) This well shall be located not more than 200 feet from the location specified on this permit. 9) The well shall be constructed and maintained in accordance with variance 96-115, granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors on November 6, 1996. (D 3--y-97 APPROVED JD2 Receipt No. State Engineer 0406366 DATE ISSUED MAR 2 5 1997 By V EXPIRATION DATE MAR 2 5 WR.: -5 -Rev, 76 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasures unless initialed. COLOR DIVISION OF WATER RESOURC 818 Centennta Bldg., 1313 Sherman St., Denver, Colorado 80 03 PERMIT APPLICATION FORM (X) A PERMIT TO USE GROUND WATER ( ) A PERMIT TO CONSTRUCT A WELL FOR: ( ) A PERMIT TO INSTALL A PUMP ( ) REPLACEMENT FR NO ()() OTHER dui'f�-� ►regeesh Va4,4"-c_<2.-- WATER COURT CASE NO ECEIVED NOR 4.5,1997 Wim, sw.,.' ;TATE ENGINEER sn.,•C01.04 (1) APPLICANT - mailing address NAME 0.'f' \ Q i& e. I A OL�� STREET P,O- -BOAC ` CITY mar401 TAI 3`d.237- (State)/ (Zip) TELEPHONE NO (go () -g T'1 6 3'(' (2) LOCATION OF PROPOSED WELL County G4r c1 e t u\ e '/.ofthe SW Y., Section gS Twp. �" 5 , Rng Di—, IN,S) IE.W) . P.M. (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) 1 Average annual amount of groundatgr r to be appropriated (acre-feet): � ftCC2,— 4:00— d T Number of acres to be irrigated: Aed.Y Proposed total depth (feet): -5-- Cep aftgci-cel (Jarl cw-Ce.) Aquifer ground water is to be obtained from• to' h Colo ro- Owner's well designation We j dfl"3 i Lig GROUND WATER TO BE USED FOR: ( ) HOUSEHOLD USE ONLY • no irrigation (0) (X) DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (4) ( ) MUNICIPAL (8) ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER —Fxjsf9 - 5ee Ott Ucs-ja!quest Name Street City (State) (Zip) Telephone No. Lic. No 1 FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No 96 6 36 6 / Basin Dist. CONDITIONS OF APPROVAL This well shall he used' in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPLICATION APPROVED PERMIT NUMBER DATE ISSUED EXPIRATION DATE (STATE ENGINEER) BY I.D. COUNTY (5) THE LOCATION OF TH'ROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + — 4 — I INORTHI T 1 Ii- 1 MILE, 5280 FEET T 9s j Sec ;.6 -- NORTH SECTION LINE I 1 I 1 - — + — — — + — - 1 I ya .PWctI 1. I 32'1 1 I I SOUTH SECTION LINE The scale of the diagram is 2 inches = 1 mile Each small square represents 40 acres. (6) WELL MUST BE LOCATED BELOW by distances from section lines. /6 O 0 ft. from 2.51%'40 ft from (north or south) ix; e57- 1 sec. line • sec. line (east or west) LOT BLOCK FILING # SUBDIVISION (7) TRACT ON WHICH WELL WILL BE LOCATED Owner Cary tt1e�c(0n 'o No. of acres the only well on this tract? YR- 5 Will this be (8) PROPOSED CASING PROGRAM–Q1 �y Plain Casing exjf7'ir Wee CUr erci/4 OW/ (UP �y- in frofrS!� ft i ft in from ft to ft Perforated casing in from in from ft. to ft ft to `t WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of land 1 foot deep 1 cubic foot per second (cfs) ... 449 gallons per minute (gpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot ... 43,560 cubic feet ... 325,900 gallons. 1,000 gpm pumped continuously for one day produces 4.42 acre-feet. (9) FOR REPLACEMENT WELLS givedistance and direction from old well and plans for plugging it: 4, (10) LAND ON WHICH GROUND WATER WILL BE USED: Owner(s): Car W AA I4 Gb�d �/ No. of acres- 90 Legal description' T 50)" h° 1 ActeVe q5(,(% - �t -Y' – rn/F)/ 0 f 5(,t1 X/ Sec,(4 z (11) DETAILED DESCRIPTION of the use of ground water: Household use and domestic wells must indicate type of disposal system to be used. *lose S (� S (` (- s e a s �'►'� SOC A� .3 •,.li/e I;/j� Jct el % ! �e4.e. I dcv vt 9 aazZ-,., (12) OTHER WATER RIGHTS used on this land, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANT(S) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TQ THE BEST OFHISKNOWLEDGE. A-f-r;1) a' one SIGNATURE OF APPLICANTS) Use additional sheets of paper if more space is required. • • • ROARING FORK WATER CONDITIONING COMPANY, INC. 1629-E DELORES WAY CARBONDALE, COLORADO 81623 (970) 963-2273 FAx# (970) 963-0131 Wesley Kent Weldon Property Batlement Creek 4064 Cnty Rd. Silt Co.81652 Mr Wesley Kent, July 14, 1997 I am writing in response to your request of a letter to be sent to you in reference to your spring. The flow rate is 18.2 G.P.M. This test was done on 7/3/97. Steve White 2 - �I ( 44377 .2407•573.05- 008 TOWNSHIP D[• t403-Oe-M-dp--_ !SL •e• • 7. 1 IT 54 • 4. .. 10 r A r ■ r e - rn•.•q_ Vote wr/ahn/ /YM Fw• /•r/ me.// - •nNh Fw. ed., -11 .w•. ewe /«rwr••NI //.,r re•S2g mow - Sam• OeCr••• /ry or /*•r.S/ S•wr••,r r L Sta. Su•..hryL •w Comm. /Wow., tros - ---- C,,, Fw•••r• [ ,ea - Fent, Fw•..ry L.•• •.. F•n.• •••• -- loch. tree n....;. •o. F... /••..r•o•n ----- Sect.. Lrr• 1••••••••••1 S•.._.* •ww••r• IME/ N. • Cr • rw Soca... ••-••n ••••I ••I w W/ uw hmr L,w• �.� —. ; �Nnhru—.••••• I••WrT IwII. a,i._ r ••..•,•r r•••/,.2 .r,r• ,••/•/ F,•. •••••••r 1. r.mh .!w. sow**, Caw+, Iwr•w IK. F•w.•r• ®' Goofy rye ry.H•I Fr..r• CEO 00 cover ••,Imonswo:w/ w.wr w Top /4r w..ar w+•w .,•• » ....•. . • •»hS.4/Hr• .•.•N....-.. PT _...3..e encase • rTa ► •38.3*1. MAX. 1.35•5155125.5. • 155.51 • • p.w 14-14-40 r ea • .xi•TIII utt• :ii s« I 1 1 1 22- 28 27 22 • 058 13s 072 073 055 S7 qs3 X954 Al-1P1A4 OIL $HA.5 Fiow ,1 plARDY (.Se°t'e) SCG i-1-+YaA,ee C c 1 4ARn'vete ISL 701472, I.-23741 32 P 33 71' 30 • Agol0l.d 2442 T•$, ••• Lena Taw For, ,end Tele1 Hoene•, Lend OM/ Te1a1 10.e0101,•.I 14,111 27.< 78184 e0., 312 00.< 2407 T.TS-R.95W 4/4ECORDED AT X30 1 F " 1 421783 O'CLOCK/1.M. MAR 12 1991 MILIOD ALSDORF. COUNTY CLERK GARF ELD COUNTY. COLORADO 1 ASSIGNMENT OF OIL AND GAS LEASES KNOW ALL MEN BY THESE PRESENTS: bnOK 800 PAGE K Z7 Garfield County, Colorado That DELBARCO, a Kansas general partnership, P.O. Box 781581, Wichita, Kansas 67278-1581, hereinafter called "Assignor," for good and valuable consideration the receipt and sufficiency thereof is hereby acknowledged, does hereby sell, assign, transfer, and set over unto DELBARCO, INC., a Kansas corporation, P.O. Box 781581, Wichita, Kansas 67278-1581, hereinafter called "Assignee," all of Assignor's right, title, and interest in and to those oil and gas leases, leasehold estates, rights, and properties described in and covering lands described in Schedule "A," attached hereto and incorporated herein, together with all rights incident thereto and the personal property thereon, appurtenant thereto, or used or obtained in connection therewith and all of Assignor's title and interest in, to, and under all permits, licenses, easements, rights-of-way, pooling orders, pooling agreements, unitization agreements, communitization agreements, operating agreements, gas purchase agreements, hydrocarbon sales agreements, and other contracts and agreements of whatever character covering or affecting the leasehold estates being assigned hereby; to have and hold all of said properties and rights unto said Assignee, its successors and assigns, forever. Assignor further assigns and conveys to Assignee hereby all of Assignor's right, title, and interest in and to all oil and gas leases and properties owned by Assignor, legally or equitably, wheresoever situated, and whether or not specifically described in Schedule "A." This Assignment of Oil and Gas Leases is made and accepted subject to the terms and provisions of all gas purchase agreements and contracts, unitization agreements, and other agreements and contracts of whatsoever character affecting the leasehold estates assigned herewith and any overriding royalties, mortgages, liens, charges, encumbrances, and burdens of record. Assignor hereby consents to Assignee's initiation at any time of the good faith negotiation procedures prescribed by FERC Order 451 and Title 18 C.F.R. Section 270.201 and agrees to take any action requested by Assignee as necessary for Assignee's Se?12'42•E 152 C C3 Se2112•4 z•E ar tIIo of Hunant Crew Nuo and a•cess kasonlant OranIdo Ina lad Stales o c 0ncmens wacol•leu un ' Nelept,on /455/306 Government Tract 1 81310.15.E 459 41 Sheet 1 of 1 L o t 11 C6 on i Tract 2 11/3.1460 .4111 I» oLles Appro. jw a anleraEaa a HaeWooleerrionl d 00led aIo s lot Una. Sickles 01 AMC.. n Document Neiol dad under Nacaaton/4553106 SKM.44 F'lAP SB900.35•E lief NO N. • • Weldon SB -35 10/14/96 The subject tract is 40 acres in size located approx. 5 miles southeast of battlement mesa along CR 338 in a remote area of the county, at an elevation of 8000 feet. The tract slopes generally east to west toward battlement creek at an average slope of 24%. Vegetation consists of aspen, pine and deciduous shrubs and there is an existing single wide mobile home on the tract. The area is largely agricultural, with secondary recreational land uses. There are a few single family dwellings in the vicinity. The applicant proposes to subdivided, by exemption, the 40 acre tract into 2 parcels of approx. 14.3 and 25.7 acres each, based on CR 338 transecting the tract. The existing mobile home would be located on the larger tract and staff contemplates the smaller tract would be developed as a single family homesite. The applicant is requesting the approval of this petition based on the county road splitting the property, preventing joint use of the tract. In August of 1993, the applicant granted an access easement across the subject tract to the Forest Service, which allows public access. Given the remote location of the tract, daily traffic in the area may be minimal. If the Board determines that an impediment to joint use exists, then this request would comply with Section 8:52 A of the Subdivision regulations. The tract is zoned a/r/rd, and both proposed parcels are in excess of the 2 acre minimum lot size requirement. Staff has calculated average slope across the property to be approx. 24%, with some steeper areas. However, it does appear that both proposed parcels would have sufficient area to conform to Section 5.04.02 of the Zoning Resolution, whereby each parcel would have at least one acre of contiguous land, less than 40% slope. The proposed water supply would be the sharing of an existing spring, located some distance uphill of the mobile home. Apparently, there is another spring located on the parcel, which staff erroneously thought was the Austral Spring, which is reserved to a previous owner of the tract. In fact the proposed water supply is currently owned by the applicant and is the subject of a well permit variance application to the Division of water resources for an unconventional well. The application essentially requests permitting as an exempt domestic well, which could be a legal water supply for the proposed tracts. The Division has not made a decision on the well permit application. Therefore, a legal water supply cannot be determined at this time. In the past, the Board has granted conditional approval without the well permits, requiring the permit be issued prior to final approval. Additionally, the applicant has represented the spring flows at 6 gallons per minute, year round, which could provide an adequate water supply for the proposed uses. The method of waste water treatment is proposed to by individual sewage disposal systems and according to the soil conservation service, the soils are considered to have severe constraints for building site development due to depth to bedrock and slope. When used for ISD system placement, the soils are considered to have severe constraints due to slope and slow percolation. Staff suggests the inclusion of a plat note to address these limitations. • • Access to the parcels would be from CR 338 and it appears that both parcels would have adequate frontage along the road. My only concern regarding the access is with the road itself and any additional development in the area will further stress the provision of services and infrastructure. The grand valley fire protection district has issued a letter approving of the request and asks that they be consulted prior to review and comment on development plans. Staff suggest the provisions contained in the letter from the fire protection district be conditions of approval and further recommends the standard plat note addressing wildfire mitigation. If approved, all required easements must be shown on the exemption plat, the applicant would be required to pay $200 in school impact fees, for the exemption parcels, prior to final approval and, upon adoption of road impact fees, the lots created by this exemption would be required to pay the impact fee, paid at time of building permit application. Based on this analysis, staff recommends approval of the petition, pursuant to the listed conditions, with the addition that the appropriate well permit be issued by the division of water resources and that the actual flow from the spring be gauged by a qualified individual, showing the spring produces at least 5 gpm. Additionally, a legal, well sharing declaration must also be submitted prior to final approval.