HomeMy WebLinkAbout4.0 BOCC Staff Report 11.18.13Board of County Commissioners November 18 2013
p bl" H . I I
u IC eanno -Morton Juhl Minor Subdivision
Exhibit Exhibit
Letter
(A to Z)
1 Public notice Mail Receipts
2 Garfield County 2013 Land Use Development Code
3 Garfield County Comprehensive Plan 2030 as amended
4 Application '
5 Email from G. Thomas Morton re: request for call-up
6 Supplemental documentation submitted by Dwight and Therese Juhl
7 Staff Memo
8 Director Decision
9 Staff report and exhibits to Director Decision
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EXHIBIT
j s
09/23/2013
Garfield County Planning Commission
Dear Planning Commission,
Dwight Juhl and I would llke to request a hearing In front of the Board of County Commissioners
regarding what we feel to be an unreasonably difflcult application to divide a piece of land. We feel that
the lack of an administrative decision allowing us to be considered a minor exemption has resulted In
undue frustration, excess expense and multiple unnecessary requirements. Although we realize our
parcels were not technically put together as one piece by the original owner, Hay Morgan, until January
of 1975, we feel like there should have been an administrative oversight to allow that fact to not
interfere with a slmple splitting of the property Into two parcels. We lnltlally waited much more than
the purported three months for a comprehensive plan being developed and then we were asked to
hurry so that we could qualify for a minor exemption prior to this new comprehensive plan. Then, In
hastening to get the necessary things together for review, we found out that we did not qualify and did
not get any administrative consideration of a slmpler ~endltlon, which we feel should have been easily
avallable to us as citizens of Garfield County. We then went through the minor subdivision process,·
which resulted In our having to buy augmented water even though we have two established functioning
wells, and resulted In an extremely expensive water test, which apparently nobody could make heads or
tails of. An engineer's opinion was sought by the county, which was no value, and the blll was given to
us to pay. We regret that things have been this complicated. We would like our travails to be reviewed
In front of the County Commissioners, hoping that the process can be made simpler, without such black
and white lines and the lack of administrative oversight to produce a more common sense solution.
{
G. Thomas Morton
10/15/2013 09:07 9703845556 GSHS EXHIBIT
I
October 14, 2013
Board of County Commissioners
Garfield County Community Development
Fred Jarmin, Director
Tamara Allen, Assistant Director
Kathy Eastly, Senior Planner
Re: call Up Meeting/Tom Morton and Dwight Juhl Minor Subdivision
As requested, Tom Morton and Dwight Juhl would like to share our concerns and comments pertaining
to our land project. We see this as a chance to share our experiences as private land owners going
through the land spilt process. We are aware of tile countless hours the Commissioners and staff have
spent over the last Sor so years to create a new comprehensive plan as well as amendments adopted
on July 15th, 2013. Your tireless work Is much appreciated.
0
Our project was initially submitted as an Exemption on May 27, 2013. Consequently, it was denied
specificaJly because the land didn't fall under the requirement of "single lot status" prior to January
1973. Our land was quit claimed as "single lot status" on January 1975 by the previous owners. We feel
we weren't afforded a chance at a Director D@cision to waive that requirement since our project is to
simply divide one lot into two. We feel that could have been a reality considering the fact that we have
not intended to add any new dwellings that would increase density to the site. We feel that this project
should have continued as an exemption application. With amendments adopted in July, our project was
moved into a "minor subdivision" process that resulted in a greatly anticipated approval decision with
conditions.
One condition we have an issue with is the water augmentation requirement. We feel that this is not
necessary because there are no new dwellings ptanned. The south well, permit #280605, was dug in
1956 and provided water to approximately 4 people plus 3 or 4 horses until the drought of 1993-1999.
This permit represents historic uses in place prior to May 8, 1972. This well was replaced in May 2.009
by the current owners upon recommendation from Planning and Zoning. The north well, permit
#152042, was dug in 1988 by the previous owners and has provided water to no more than 4 people and
one horse.
In the "Beginners Guide to Augmentation Plans" provided by the Division of Water Resources, it states
augmentation is required by "new projects... We believe our project falls short of being considered a
"new project." West Divide Water's requirement is that we re-permit the wells at the minimum of l
acre foot which is rnore than they are permitted for now. We disagree with the Division of Water
10/15/2013 09:07 9703845556 GSHS PAGE 03/03
Resources opinion that material injury will occur and we ask that the Board of County Commissioners as
well as Garfield Community Development rescind this condition betause our project has no plans for
expanded uses.
Recently it was learned that the City of Glenwood Springs approved a development for 36 town homes
and 17 condos across the street from us. In early 2000·2002 a development called Red Feather Ridge
was denied building 265 homes up the road from us. As a result, Four Mile Ranch was given approval
for 58-2 acre lots. Chelyn Acres, Sunlight View, Sunlight View II and Oak Meadows have seen
exponential growth in the last decades. The Bersenyi property was sold to developers with the
intentions of adding over 250 new homes, some up to 5000 square feet in size just above our land.
These projects are prime candidates for augmented water. our project contains no expanded uses.
We also wish to dispute paying $260 for Mountain Cross billing for the analysis of our water quality. We
paid $720 to have our water quality analyied by Acutest Labratories in Denver. The Colorado
Department of Public Health has stated that our water meets or e~ceeds state requirements. We are
happy to share our water analysis with the County Engineer as we know this is very valuable infonnation
and can be beneficial when compared to future analysis.
This project has been in the making since buying the property from Catherine Lucas in 2005. It was her
intention as well as it is ours to keep this location rural and remote. We are therefore grateful for the
approval from the Director and wish to proceed as such and bring this project to completion.
Sincerely,
Dwight A. Juhl Terease E. Juhl
Request for Call-up -Morton Juhl Minor S
BOCC I EXHIBIT
7
PROJECT INFORMATION AND STAFF COMMENTS
REQUEST
PROPERTY OWNER
LOCATION
PROPERTY INFORMATION:
ACCESS
EXISTING ZONING
DIRECTOR DECISION
I. GENERAL INFORMATION
Call-up for consideration of whether to uphold, modify or
reverse the Director decision of the Administrative Review
G. Thomas Morton and Dwight Juhl
Bottom of Four Mile Road at 1501and1761CR117
4. 72-acres
County Road 117 -Four Mile Road
Residential Suburban
Approval with Conditions
G. Thomas Morton and Dwight Juhl purchased the 4.72-acre subject property in 2005 in Joint Tenancy.
The site improvements consist of three dwelling units and several accessory structures. The three units
are served by two existing wells and two individual sewage disposal systems. Access to the site is via
three existing points along the 1,500' of frontage of the parcel to the County Road.
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Request for Call-up -Morton Juhl Minor Subdivision
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The owners submitted a Minor Subdivision application in July of 2013 to request subdivision of the site
into two parcels so that could each be separately owned by the current Joint Tenants. A Director
decision was issued on September 16, 2013, Exhibit 8, to conditionally approve the subdivision. Notice
was provided as required to the Board of County Commissioners {the Board) regarding the decision, and
on September 23, 2013 a request for call-up of the decision was received from the Applicant, Exhibit 5.
A Public Meeting was held on October 7, 2013, at which time the Board set a date of November 18,
2013 for a public hearing to reconsider the Director decision.
II. PROJECT DESCRIPTION
The Applicants seek to divide the 4.72-acre site into two approximately 2.4-acre parcels as indicated on
the draft survey below.
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As you can see on the survey above the improvements are located primarily at the northern and
southern portions of the site and include a dwelling unit and accessory structures at the north end, and
two dwelling units and accessory structures on the southern end. Each 'pod' of development is served
with permitted wells and individual sewage disposal systems.
A request for a Minor Subdivision is subject to the 2013 Land Use and Development Code {LUDC)
adopted by the Board, effective July 15, 2013. Section 5-301 of the LUDC provides the review process
and responsibilities of the Applicant relative to submittal requirements and demonstration of
· compliance with minimum standards.
History
Planning staff has been meeting with the Applicants since 2009 regarding their request to subdivide the
site. Pre-application conferences were held relative to requests for Exemption from Subdivision as
contained in the Unified Land Use Resolution of 2008. At that time the Comprehensive Plan of 2000
designated the site as being located within Study Area 1, Residential Medium Density which
recommended density of 6 to less than 10 acres per dwelling units. The site did not comply with this
designation and therefore the Applicants did not move forward at that time. Upon adoption of the
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Request for Call-up -Morton Juhl Minor Subdivision
BOCC 11/18/13
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Comprehensive Plan 2030, on November 10, 2010, the site density was compliant and an application for
Exemption was submitted.
Initial review of the Exemption application indicated that the site did not comply with the criteria for an
exemption which requires "Division of land by which no more than 2 parcels (one new and one
remainder parcel), will be split from any parcel that was described in the records of the County Clerk and
Recorder's Office as of January 1, 1973, regardless of size, so long as the resulting parcels meet the
minimum lot size for the underlying zone district." The Applicant was unable to demonstrate that the
site met this requirement and significant research by planning staff did not yield additional information
to indicate compliance with the criteria for Exemption.
Subsequent to their submittal of a Minor Exemption, the new Minor Subdivision process was being
considered in code amendments that were in-process at the time so the Applicant was advised to
'convert' their application from a request for "Exemption" to a request for "Minor Subdivision" because
the Applicant failed to demonstrate that they were eligible for an exemption. The submittal
requirements and review process were similar and an Administrative Review resulted in the issuance of
the Director decision of approval with conditions. Additional details regarding the property and the
proposed subdivision are included in a staff report contained in Exhibit 9.
Ill. BASIS FOR THE CALL-UP
The approval issued by the Director includes the following conditions:
1. That all representations made by the Applicant in the application, correspondence, and
meetings with county staff, shall be considered conditions of approval unless otherwise
amended or changed by the Director.
2. The Applicant has 90 days from the date of this decision, until December 16, 2013, to satisfy
all conditions of approval and to submit a signed mylar compliant with this approval. The
signatures required on the submitted mylar include the owners (notarized), mortgagee, title
company, surveyor, and treasurer.
3. Prior to the signing of the Minor Subdivision plat, the following amendments are required:
A. All easements necessary for provision of utilities shall be described on the plat.
B. The plat shall be amended as itemized in the staff review letter dated August 271
"
and
attached as Exhibit N, with the exception of Items 8 and 9.
C. A note must be on the plat regarding the second driveway which will be utilized solely
for emergency access.
D. A note must be on the plat that 'The two wells located within this subdivision are
subject to a contract for Water Augmentation that must be maintained for the life of the
two wells.'
4. Prior to the signing of the Minor Subdivision plat the Applicant shall submit an inventory of
County listed Noxious Weeds and a Weed Management Plan for the site which shall be
reviewed and determined sufficient by the County Vegetation Manager.
5. Prior to the signing of the plat the Applicant shall provide proof that a contract for water
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Request for Call-up -Morton Juhl Minor Subdivision
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augmentation has been executed and is in place to satisfy the requirement of the Division of
Water Resources to mitigate a finding of "Material Injury". This plan shall be required to be
maintained for the life of the wells on the parcels and shall be compliant with Division of
Water Resources requirements.
6. Prior to signing of the plat the Applicant must submit all required documentation for the
required Boundary Line Adjustment (BLA) so that all documentation may be recorded in the
correct order at concurrent times.
The call-up process is provided so that the Board may reconsider a Director decision issued through an
Administrative Review process. The request for call-up in this particular case results from Condition 5.
which requires the Applicants contract for water augmentation to avoid the potential for material injury
to existing water rights.
This condition was crafted from a letter provided by the Division of Water Resources, an agency that is
required by State Statute to review subdivision applications. Specifically the Division states:
We have reviewed the above-referenced preliminary plan to subdivide a parcel of
approximately 4.72 acres into two residential lots. Lot 1 would be 2.334 acres and would have one
single family dwelling and Lot 2 would be 2.367 acres and would have two single family dwellings.
The applicant proposes to provide water to each lot through existing wells. The well on Lot 1 would
have permit no. 152042 and the well on Lot 2 would have Permit No. 280605-A. Sewage disposal is
to be provided through two individual systems. The information provided indicates that the intent is to
continue to use water from the wells in accordance with their current permits.
The well on Lot 1 with Permit No. 152042 was issued pursuant to CRS 37-92-602(3)(b)(ll)(a)
on August 18, 1988 as the only well on a residential site of 5 ± acres. The permitted use of
groundwater from this well is limited to ordinary household purposes inside a single family dwelling
and the watering of the user's noncommercial domestic animals.
The well on Lot 2 with Permit No. 280605-A was issued pursuant to CRS 37-92-602(3)(c)
on May 8, 2009 as a replacement and relocatlon of an existing well with Permit No. 280605 issued
pursuant to CRS 37-92-602(5). The permitted use of ground water from this well is limited to fire
protection, ordinary household purposes inside not more than two (2) single family dwelling(s), 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. These uses represent the historic uses In
place prior to May 8, 1972.
Section 37-92-602(3)(b)(lll), C.R.S., requires that the cumulative effect of .ill wells in a
subdivision be considered when evaluating material injury to decreed water rights. The source of
the proposed water supply would be from, or tributary to, the Colorado River. This area of the
Colorado River is over-appropriated; therefore, an augmentation plan is required to offset
depletions caused by the pumping of any wells. If the applicant intends to use the existing wells,
currently permitted under permit no's. 152042 & 280605-A, to supply any portion of the
subdivision, a new well permit issued pursuant to a decreed plan for augmentation will be required.
The well test report by l&M Pump, Inc. dated March 11, 2013 indicates that the well operating
under permit no. 152042 produced an average of 14.5 gallons per minute over a 4 hour period. The
well operating under permit no. 280605-A produced an average of 15 gallons per minute over a 4
hour period. The water supply should be physically adequate to supply three dwellings. Please
note that the long term adequacy of any ground water source may be subject to fluctuation due to
hydrological and climatic trends.
Pursuant to Section 30-28·136(1)(h)(1), C.R.S., the State Engineer offers the opinion that
due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the
well, the proposed water supply plan will cause material injury to existing water rights and is
inadequate. If you or the applicant has any questions concerning this matter, please contact Ivan
Franco of this office for assistance.
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Request for Call-up -Morton Juhl Minor Subdivision
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The LUDC, Section 7-104, requires that all applications shall have an "Adequate, reliable, physical, "long-
term, and legal water supply to serve the use". Further, Section 7-104 (B)(2). includes that "A letter from
the State engineer commenting on the documentation provided in the Water Supply Plan per section 4-
203.M." shall be used in Board consideration of a determination of "adequate water supply''. The letter
from the State Engineer clearly states that the water supply associated with the subdivision is
inadequate.
The State Engineer's Office (SEO) administers a system for issuing groundwater well permits that allow
for drilling, construction and use of a well however the SEO recognizes the priority system in place in
Colorado to protect water rights. The use of augmentation is a process that assures protection of water
rights while allowing issuance of a well permit for groundwater use in priority basins. The well permit
holder, as opposed to the water rights holder, purchases water from a District that has stored water that
can be released in the same basin to offset out of priority depletions. Water critical basins are those
areas that may be subject to depletions that result in a "call" that requires all but senior water rights
holders to cease use of their water. The purchase of water, known as augmentation, is a process that
allows for the release of water to 'augment' the depleted stream flows. Augmentation is available
through West Divide Water Conservation District or other entities that can contract with individuals to
purchase water that allows continued use of their wells.
The Applicant states in their request for call-up that the Minor Subdivision process " ... resulted in our
having to buy augmented water even though we have two established functioning wells ... " The
currently issued well permits allow for the use of the groundwater and include a replacement of a
'historic use' well that was established prior to 1973 that is permitted to served two dwelling units, and
for a well permitted as the only well on a S ±-acre parcel for household use to serve one dwelling unit.
IV. SUGGESTED FINDINGS
Should the Board determine to uphold the conditional approval issued by the Director of Community
Development, staff would suggest incorporation of the following findings:
1. That proper public notice was provided as required for the hearing before the Board of County
Commissioners.
2. That the hearing before the Board of County Commissioners was extensive and complete, that
all pertinent facts, matters and issues were submitted or could be submitted and that all
interested parties were heard at that meeting.
3. That for the above stated and other reasons and subject to the conditions of approval, the
request for a Minor Subdivision requested by G. Thomas Morton and Dwight Juhl is in the best
interest of the health, safety, convenience, order, prosperity and welfare of the citizens of
Garfield County.
4. That, upon compliance with conditions of approval, the application is in general conformance
with the 2030 Comprehensive Plan, as amended.
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Request for Call-up -Morton Juhl Minor Subdivision
BOCC 11/18/13
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5. That, upon compliance with conditions of approval, the application has adequately met the
requirements of the Garfield County 2013 Land Use and Development Code.
V. BOARD DECISION
The Board has three options in this call-up process:
1. Uphold the Director decision;
Upholding the Director decision would allow for a finding of an adequate water supply based
upon a requirement for water augmentation.
2. Modify the Director decision;
Modification of the Director decision, as requested by the Applicant, would require removal of
the Condition requiring augmentation and issuance of a waiver. To do so the Board must
consider the letter from the State Engineer, and ultimately make a determination that the
existing water supply is adequate, despite the SEO statement of material injury. The Borad of
County Commissioners should be aware that moving forward in this manner will allow for the
minpr subdivision but may jeopardize the Applicant's ability to convert or change these well
permits in the future as this determination of adequate water supply by the Board would not
affect the ability of the SEO to administer the requirements of their office.
Modification of the Director decision could also occur with modification to the water condition
that the applicant considers hook-up to the public water supply that currently exists in CR 117.
This water supply by a municipal entity would allow the Board to make a determination of an
adequate water supply for the lots within the proposed subdivision.
3. Reverse the Director decision.
A reversal of the Director decision would result in a denial of the application for the Minor
Subdivision.
6
September 16, 2013
Dwight Juhl
1487 CR 117
Glenwood Springs, CO 81601
Dwight@amsbasalt.com
Garfield County
Community Development ·
108 8th Street, Suite 401, Glenwood Springs, CO 81601
Office: 970-945-8212 Fax: 970-384-3470
DIRECTOR DETERMINATION-Morton Juhl Minor Subdivision
Garfield County File Number MISA7583
Dear Dwight,
EXHIBlli
I 5
This letter is provided to you, as the authorized representative of the application for a
minor subdivision of property located at 1761 and 1501 CR 117. The request to
subdivide the 5. 72-acre site into two parcels has been reviewed and the Director hereby
issues a determination conditionally approving the request. The conditions of approval
are as follows:
1. That all representations made by the Applicant in the application,
correspondence, and meetings with county staff, shall be considered
conditions of approval unless otherwise amended or changed by the Director.
2. The Applicant has 90 days from the date of this decision, until December 16,
2013, to satisfy all conditions of approval and to submit a signed mylar
compliant with this approval. The signatures required on the submitted mylar
include the owners (notarized), mortgagee, title company, surveyor, and
treasurer.
3. Prior to the signing of the Minor Subdivision plat, the following amendments
are required:
A. All easements necessary for provision of utilities shall be described on the
plat.
B. The plat shall be amended as itemized in the staff review letter dated
August 27th and attached as Exhibit N, with the exception of Items 8 and
9.
C. A note must be on the plat regarding the second driveway which will be
utilized solely for emergency access.
D. A note must be on the plat that 'The two wells located within this
Morton Juhl Minor Subdivision
September 16, 2013
·subdivision are subject to a contract for Water Augmentation that must be
maintained for the life of the two wells.'
4. Prior to the signing of the Minor Subdivision plat the Applicant shall submit an
inventory of County listed Noxious Weeds and a Weed Management Plan for
the site which shall be reviewed and determined sufficient by the County
Vegetation Manager.
5. Prior to the signing of the plat the Applicant shall provide proof that a contact
for water augmentation has been executed and is in place to satisfy the
requirement of the Division of Water Resources to mitigate a finding of
"Material Injury". This plan shall be required to be maintained for the life of
the wells on the parcels and shall be compliant with Division of Water
Resources requirements.
6. Prior to signing of the plat the Applicant must submit all required
documentation for the required Boundary Line Adjustment (BLA) so that all
documentation may be recorded in the correct order at concurrent times.
Notice of this decision will be provided to the Board of County Commissioners who has
the ability to 'call-up' the application for review at a public hearing. You will be notified
of the Board decision once it is received or upon expiration of the 1 O day notice period
(September 26, 2013).
Feel free to contact myself or Kathy Eastley, the staff planner, If you have any questions
regarding this decision.
Sincerely,
Fred A. Jarman, ICP
Director of Commu · y Development
Attachment
Cc: BOCC
File
2
EXHIBIT _Cf_
Director Decision, September 16, 2013
Administrative Review Morton Juhl Minor Subdivision
J Letter dated Au ust 22, 2013 from Steve Anthon -Ve etation Mana ement
K Letter dated Au ust 29, 2013 from Me an Sullivan -Division of Water Resources
L Memo dated Se tember 12, 2013 from Scott Aibner, Coun Surve or
M Email dated Se tember 11, 2013, with attachments, from Ton Harrison of CDPHE
N Staff comment letter dated Au ust 27, 2013
REQUEST
APPLICANT
I OWNER
LOCATION
SITE DATA
WATER/SEWER
ACCESS
EXISTING ZONING
STAFF RECOMMENDATION
PROPOSAL
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
EXHIBIT
PROJECT INFORMATION
j E
Minor Subdivision (2 Lots)
Thomas Morton and Dwight Juhl
South of Glenwood Springs on west side of CR
117 at the base of Four Mile Road
5. 72-acres; Parcel No. 2185-272-00-011
Existing Wells and Septic Systems
CR 117, aka Four Mile Road
Residential Suburban
Approval with Conditions
1
The 5.72-acre parcel is
owned by tenants-in-
common who seek to
divide the parcel to
allow for individual
ownership of divided
portions of the site.
Currently there are
three dwelling units, two
wells, two septic
systems and three
driveways located on
the site which would
allow for the two lots
proposed to exist
independently.
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
II REFERRAL COMMENTS
Staff referred the application to the following agencies/County Departments for their review
and comment. Comments received are attached as exhibits and incorporated into the
memorandum where applicable.
a. Road & Bridge: EXHIBIT F
b. County Vegetation: EXHIBIT J
c. Environmental Health: EXHIBIT I
d. Glenwood Springs Fire District: EXHIBIT H
e. City of Glenwood Springs: No comments received
f. Mountain Cross Engineering: EXHIBIT G
g. Division of Water Resources: EXHIBIT K
h. County Surveyor: Exhibit L
i. CDPHE: Exhibit M
Ill RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located within the Urban Growth
Area of the City of Glenwood Springs, as shown right. A
referral was sent to the City but no comments were
received.
The City's Future land Use Plan, below, indicates that this
area is appropriate for low density residential development
Legend
-Hlghw1y
-CltyStrtttl
-County Roods
• Rlvtrt
Downtown 0 Parcel•
* • Conservetlon
qj'S' • Parka Open Space I
Secondary Center Low Dtntlty Resldentlel
il:t City Limit• Slngle.famlly Residential
-Urban Growth Boundary • Mulll·ftmlly RHldential
0 Blue Line • Mlxed·uH "
El Future Study Area • Downtown "'--¢--I r ----
O Downtown Development Authority Boundary • Commercial
//. HUl1ldt Preservauon • lndu1tt1a1
~ Riverlldt Protection 0.1 o 21
I
(
0.1 Milo
2
)"
-··--··-·-
........ .._ -
IV REVIEW CRITERIA
5-301 C. Review Criteria.
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
1. It complies with the requirements of the applicable zone district and this Code.
Staff Comment: The lots proposed to be created by the subdivision of the site
comply with the minimum lot size requirements in the Residential Suburban zone
district but do not comply with other zone district requirements with regard to
setbacks and the number of dwelling units per parcel. Several of these non-
conformities are legal, pre-existing uses and structures while others require some
measure to assure compliance. These measures include an Encroachment
Agreement with County Road & Bridge and a Boundary Line Adjustment with the
neighbor to the east to assure that an existing home is located wholly on property
owned by the applicant and is compliant with setbacks.
Staff is recommending conditions of approval to cure these deficiencies. The
conditions must be satisfied prior to Board signature of the plat.
2. It is in general conformance with the Comprehensive Plan.
Staff Comment: The site, adjacent to the City of Glenwood Springs, is located within
the Urban Growth Boundary as delineated on the Future Land Use Map of the
Garfield County Comprehensive Plan of 2030. The City of Glenwood Springs
Comprehensive Plan envisions this area as Low Density Residential which is
consistent with this proposal.
3. Shows satisfactory evidence of a legal, physical, adequate, and dependable water
supply for each lot.
Staff Comment: Each proposed parcel contains a household-use only well permit
issued by the Division of Water Resources (DWR) and pump tests and water quality
analysis has occurred to demonstrate sufficient legal and physical water to serve
the sites.
A referral to the DWR resulted in comments found in Exhibit K, which state that
"material injury" will result without augmentation of these wells. This is due to the
fact that the household only status of the wells requires that they serve a 5. 72-acre
parcel -the conversion of the wells to serve a 'subdivision' results in additional
analysis of the use. It is this additional analysis that results in a requirement that an
Augmentation be in place. The Applicant has been referred to Janet Maddock of
the West Divide Water Conservation District to commence this augmentation
process. A condition of approval is recommended requiring this plan be in place
prior to Board signature of the plat.
4. Satisfactory evidence of adequate and legal access has been provided.
3
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
Staff Comment: Road and Bridge was requested to review this application and
provide comments regarding the existing accesses to the site. Comments received
are included as Exhibit F. It appears that proposed Parcel 1 has two existing
driveways, one of which will be utilized for emergency purposes. The driveway to
serve Parcel 2 currently meets Road & Bridge standards.
Staff recommends a condition that requires the second driveway on Parcel 1 to
serve as Emergency access.
5. Any necessary easements including, but not limited to, drainage, irrigation, utility,
road, and water service have been obtained.
Staff Comment: All improvements, including utilities and access, are currently in
place.
6. The proposed Subdivision has the ability to provide an adequate sewage disposal
system.
Staff Comment: Existing sewage disposal systems have been permitted by Garfield
County and appear to be sufficient for the dwellings currently existing on the site.
7. Hazards identified on the property such as, but not limited to, fire, flood, steep
slopes, rockfall and poor soils, shall be mitigated, to the extent practicable.
Staff Comment: There do not appear to be any identified hazards on the property.
8. Information on the estimated probable construction costs and proposed method of
financing for roads, water distribution systems, collection systems, storm drainage
facilities and other such utilities have been provided.
Staff Comment: All infrastructure is currently existing on the sites.
9. All taxes applicable to the land have been paid, as certified by the County
Treasurer's Office.
Staff Comment:
10. All fees, including road impact and school land dedication fees, shall be paid.
Staff Comment: These fees are not applicable to the site as the dwelling units are
currently in existence.
11. The Final Plat meets the requirements per section 5-402.F., Final Plat.
4
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
Staff Comment: Staff has provided requirements for amendment to the proposed
plat, Exhibit N, and these recommended as condition of approval.
V ISSUES AND CONCERNS
A. Correction of Existing Deficiencies -One of the homes on the site does not exist
wholly on the subject parcel and does not comply with required setbacks. Once
structure encroaches into the right-of-way. These deficiencies can be
adequately addressed and corrected to the extent possible with completion of a
Boundary Line Adjustment (BLA) and Encroachment Agreement with Road
&
Bridge.
B. Pre-existing, non-conforming uses and structures due to the fact that three
dwelling units exist on the site, one of which is a single-wide trailer. A plat note
is recommended as a condition of approval to provide notice regarding any
expansion or replacement of these non-conformities.
C. Compliance with water quality and quantity, both legal and physical. The
Division of Water Resources states that ongoing use of the existing permitted
wells on the site will result in "Material Injury" and therefore requires
augmentation. Applicant will be required to demonstrate acquisition of
augmentation as a condition of approval, prior to Board signature on the plat.
D. A noxious weed map and inventory is required to be submitted and if weeds are
present on the site a Weed Management Plan will be required. See Exhibit J for
additional details.
VI. RECOMMENDED FINDINGS
1. That proper notice was provided to adjacent property owners as required by the
Garfield County 2013 Land Use and Development Code;
2. That the administrative review was extensive and complete, that all pertinent facts,
matters and issues were submitted and that adjacent property owners had the
ability to be heard regarding this request;
3. That for the above stated and other reasons, the proposed Minor Subdivision may
be determined to be in the best interest of the health, safety, and welfare of the
citizens of Garfield County if recommended conditions of approval are satisfied;
4. That, upon satisfaction of conditions of approval, the application is in general
conformance with the Comprehensive Plan of 2030, as amended.
5. That, upon satisfaction of conditions of approval, the application has met the
requirements of the Garfield County 2013 Land Use and Development Code.
VI STAFF RECOMMENDATION
Staff finds the proposed Minor Subdivision will comply with the Garfield County 2013 Land
Use and Development Code if conditions of approval are satisfied. Staff recommends that
5
Morton Juhl Minor Subdivision
Administrative Decision -September 16, 2013
the Director of Community Development approve the Morton/Juhl Minor Subdivision
subject to the following conditions:
1. That all representations made by the Applicant in the application,
correspondence, and meetings with county staff, shall be considered conditions
of approval consistent with the Director decision.
2. The Applicant has 90 days to satisfy all conditions of approval and submit a
signed mylar compliant with this approval. The signatures required on the
submitted mylar include the owners (notarized), mortgagee, title company,
surveyor, and treasurer.
3. Prior to the signing of the Minor Subdivision plat, the following amendments are
required:
A. All easements necessary for provision of utilities shall be described on the
plat.
B. The plat shall be amended as itemized in the staff review letter dated August
2?1h and attached as Exhibit N, with the exception of Items 8 and 9.
C. A note must be on the plat regarding the second driveway which will be
utilized solely for emergency access.
D. A note must be on the plat that an Augmentation Plan is in place for the two
wells on the site.
4. Prior to the signing of the Minor Subdivision plat the Applicant shall submit an
inventory of County Listed Noxious Weeds and a Weed Management Plan for
the site which shall be reviewed and determined sufficient by the County
Vegetation Manager.
5. Prior to the signing of the plat the Applicant shall provide proof for a water
augmentation plan that satisfies the requirement of the Division of Water
Resources to mitigate a finding of "Material Injury". This plan shall be required
to be maintained for the life of the wells on the parcels and compliant with
Division of Water Resources requirements.
6. Prior to signing of the plat the applicant must submit all required documentation
for the required Boundary Line Adjustment (BLA) so that all documentation may
be recorded in the correct order at concurrent times.
6
EXHIBIT
From:
To:
Subject:
Date:
Kathy,
Michael Prehm
Kathy A Eastley
Juhl/Morton Minor Subdivision
Thursday, August 08, 2013 3:00:32 PM
Parcel 1 has a 35' driveway that Is currently being used to access a garage. Vehicles are parking just off
the road and have to back out onto 4-Mlle road, It Is kind of dangerous. Not sure anything can be done
because their Is not much room to alter It. The proposed driveway for parcel 1 Is a single road with a
gate. Not used very often. I can see this would be the only access to the rest of the property. Would
like to see a driveway permit pulled for this one to get It up to code.
Parcel 2 have a driveway that currently meets Road & Bridge Standards. Have no concerns with It.
Mike Prehm
Garfield County Road & Bridge
Foreman/Glenwood District
(970) 945-1223 Office
(970) 945-1318 Fax.
r
August 20, 2013
Ms. Kathy Eastley
Garfield County Planning
108 8111 Stl'eet, Suite 401
Glenwood Springs, CO 81601
RE: Juhl Mol'ton Minor Subdivision: MISA-7583
Dear Kathy:
MOUNT/\IN CROSS
f N<ilNff RIN<i, INC.
Civil and Environmental Consulting and Design
EXHIBIT
&-
This office has performed a review of the documents provided for the Minor Subdivision
Application for the Juhl Morton Subdivision. The submittal was found to be thorough and well
organized. The following comments were generated:
1. The application material provide a septic system permit for only one of the two septic systems.
The Applicant does provided an inspection report for both systems showing that they seem to
be in good condition however, the Applicant should address the adequacy of the second system
size.
2. The application materials did not provide test results for radiological analysis of the wells.
3. The water quality analysis was provided for only one well. The Applicant should address the
water quality of the second well.
4. The water quality results showed some contaminant levels above recommended limits. The
Applicant should address proposed water treatment.
5. No information was included in the application materials for the existing driveway accesses.
The Applicant should coordinate with road and bridge for any permits or conditions that might
be necessary.
Feel free to call if you have any questions or comments.
826 '12 Grand Avenue, Glenwood Springs, CO 81601
P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com
EXHIBIT
J-/
August 20, 2013
To: Kathy Eastley, Garfield County Planner
From: Ron Biggers, Deputy Fire Marshal, Glenwood Springs Fire Department
RE: Project name, Juhl Morton Minor Subdivision, type of application minor subdivision, applicant Juhl
Morton, contact person Dwlgth Juhl, location 1761 and 1487 CR 117, request to subdivide 4.72 acres
Into two 2.3 + /-lots.
Comments:
Because the buildings and emergency assesses on the site are preexisting and the applicant does not
plan on adding new building the staff of the City of Glenwood Springs Fire Department does not have
any comments on this application. However should the Garfield County officials approve this
subdivision, on the subdivision documentation of record it shall state the following:
Coples of plans that are submitted to the Garfield County Planning and or Building Department for
changes to one or both new parcels, they shall also be submitted to the City of Glenwood Springs Fire
Department for review and comments.
101WEST8TH STREET GLENWOOD SPRINGS, COLORADO 81601 970-384-6480 FAX 970-945-8506
·SXHIBIT
I L
From:
To:
Subject:
Date:
Hi Kathy,
Moraan Hill
Kathy A Eastley
Juhl Morton Minor Subdivision
Thursday, August 22, 2013 9:28:28 AM
I don't have many comments for the Juhl Morton Minor Subdivision as It seems there will be no
new structures or land disturbance as a result of the property division. It appears the applicant has
proper documentation for their Onslte Wastewater Treatment Systems and drinking water wells
that will support the existing uses for current residents. Please continue to conduct regular
maintenance and sampling on private drinking water wells that will include annual testing for fecal
coliform bacteria, nitrates/nitrites, and TDS. Septic tanks should also be pumped as needed.
Are there any future construction plans as a result of the subdivision of these two parcels that
would result In new land disturbance?
Thanks,
Mor9a1t HIQQ
Environmental Health Specialist II
Garfield County Public Health
195 W. 14th Street
Rifle, CO 81650
Phone: (970) 665-6383
Email: mhlll@garfleld-county.com
www.garfleld-county.com/envlronmental-health
EXHIBIT
15
Garfield County
August22, 2013
Kathy Eastley
Garfield County Community Development Department
RE: Juhl Minor Subdivision
Dear Kathy,
Thank you for the opportunity to comment on this permit.
Noxloue weeds map & Inventory
Vegetation Manaxement
Staff requests that the applicant provide a noxious weed map and Inventory of all Garfield County fisted noxious weeds.
The current list is attached. Of particular concern on this site are Dalmatian toadflax, and possibly plumeless thistle and
musk thistle.
Weed management plan
Please provide a weed management plan that wlll address the treatment of any Inventoried noxious weeds found on site.
Please let me know If you have any questions.
Sincerely, -··'#~~~ ~~;,/
Steve Anthony
Garfield County Vegetation Manager
0378 County Road 3152, Bldg 2080
Rifle, co 81850 Phone: 970·941'"1377 x 4305 l'ax: 970·826-8939
GARFIELD COUNTY NOXIOUS WEED LIST
Common name
Leafy spurge
Russian knapweed
Yellow starthistle
Plumeless thistle
Houndstongue
Common burdock
Scotch thistle
Canada thistle
Spotted knapweed
Diffuse knapweed
Dalmation toadflax
Yellow toadflax
Hoary cress
Saltcedar
Saltcedar
OxeyeDaisy
Jointed Goatgrass
Chicory
Musk thistle
Purple loosestrife
Russian olive
Scientific name
Euphorbia esula
Acroptilon repens
Centaurea solstitalis
Carduus acanthoides
Cynoglossum off1Cinale
Arctium minus
Onopordum acanthium
Cirsium arvense
Centaurea maculosa
Centaurea diffesa
Linaria dalmatica
Linaria vulgaris
Cardaria draba
Tamarix parviflora
Tamarix ramosissima
Chrysanthemum leucantheum
Aegilops cylindrica
Cichorium intybus
Carduus nutans
Lythrum salicaria
Elaeagnus angustifolia
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
August29, 2013
Kathy Eastley
Garfield County Building and Planning Department
108 8th Street, Suite 401
Glenwood Springs, CO 84601
Dear Mrs. Eastley,
Re: Juhl Morton Minor Subdivision
. Section 27, T6S, R89W, 6th PM
Water Division 5, Water District 38
EXHIBIT
I k-
John W. Hlckcnlooper
Governor
Mike King
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
We have reviewed the above-referenced preliminary plan to subdivide a parcel of
approximately 4.72 acres into two resldentlal lots. Lot 1 would be 2.334 acres and would have one
single family dwelling and Lot 2 would be 2.367 acres and would have two single family dwelllngs.
The applicant proposes to provide water to each lot through existing wells. The well on Lot 1 would
have permit no. 152042 and the well on Lot 2 would have Permit No. 280605-A. Sewage disposal Is
to be provided through two Individual systems. The Information provided Indicates that the Intent Is to
continue to use water from the wells In accordance with their current permits.
The well on Lot 1 with Permit No. 152042 was issued pursuant to CRS 37-92-602(3)(b)(ll)(a)
on August 18, 1988 as the only well on a residential site of 5 ±acres. The permitted use of
groundwater from this well ls limited to ordinary household purposes Inside a single family dwelling
and the watering of the user's noncommercial domestic animals.
The well on Lot 2 with Permit No. 280605-A was Issued pursuant to CRS 37-92-602(3)(c)
on May 8, 2009 as a replacement and relocation of an existing well with Permit No. 280605 issued
pursuant to CRS 37-92-602(5). The permitted use of ground water from this well ls limited to fire
protection, ordinary household purposes Inside not more than two (2) sing le family dwelllng(s), 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. These uses represent the historic uses In
place prior to May 8, 1972.
Section 37-92-602(3)(b)(lll), C.R.S., requires that the cumulative effect of.§!! wells In a
subdivision be considered when evaluating material Injury to decreed water rights. The source of
the proposed water supply would be from, or tributary to, the Colorado River. This area of the
Colorado River Is over-appropriated; therefore, an augmentation plan Is required to offset
depletions caused by the pumping of any wells. If the applicant Intends to use the existing wells,
currently permitted under permit no's. 152042 & 280605-A, to supply any portion of the
subdivision, a new well permit Issued pursuant to a decreed plan for augmentation will be required.
Office of the State Engineer
1313 Sherman Street, Suite 818 • Denver, CO 80203 • Phone: 303·866-3581 • Fax: 303-866-3589
http://water.state.co.us
Juhl Morton Minor Subdivision
August 29, 2013
Page 2 of2
DIVISION OF WATER RESOURCES
The well test report by l&M Pump, Inc. dated March 11, 2013 indicates that the well operating
under permit no. 152042 produced an average of 14.5 gallons per minute over a 4 hour period. The
well operating under permit no. 280605-A produced an average of 15 gallons per minute over a 4
hour period. The water supply should be physically adequate to supply three dwellings. Please
note that the long term adequacy of any ground water source may be subject to fluctuation due to
hydrological and climatic trends.
Pursuant to Section 30-28-136(1)(h)(1), C.R.S., the State Engineer offers the opinion that
due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the
well, the proposed water supply plan will cause material injury to existing water rights and is
inadequate. If you or the applicant has any questions concerning this matter, please contact Ivan
Franco of this office for assistance.
HIF: Juhl Morton Minor Subdivision.docx
cc: Alan Martellaro, Division Engineer
Water Commissioner, District 38
Sincerely,
Megan Sullivan, P.E.
Water Resource Engineer
EXHIBIT
I L--
Garfield County
To:
From:
Subject:
Date:
Scott,
Scott Blackard -Sexton Survey Company
Scott Aibner-Garfield County Surveyor
Plat Review -Morton I Juhl Subdivision Exemption
09/12/2013
SURVEYOR
SCOTT AIBNER, P.L.S
Upon review of the Morton I Juhl Subdivision Exemption plat, I have no comments or corrections to be made
prior to approval for survey content and form.
Once all final comments from the Community Development Department have been completed, the Mylar may
be prepared for recording. The Mylar shall be delivered to the Community Development Department office
with all private party signatures no later than Monday the week prior to the next commissioner meeting day in
order to make that meeting. ·
Sincerely,
Scott Aibner
Garfield County Surveyor
cc Kathy Eastley -Community Development Department
109 8th Stl'eet ,Suite JOOB •Glenwood Spl'ings, C081601 • (970)945-1377 • e·111a//:salhne1@garjle/d-co1111ryco111
From1
TOI
Cc:
Subject:
Date:
Attachmenbl:
Hardsoo -COPHE Tony
Kathy A. Eastley
greeodoo84532@gmail.com
Fwd: FW: Radiochemistry report
Wednesday, September 11, 2013 10:30:32 AM
d45769x pdf
d45769.pdf
EXHIBIT
I 1Vf
Good morning Ms. Eastley. I have reviewed the attached chemistry reports, and find
that none of the results for the regulated analytes exceed their respective Maximum
Contaminant Limits (MCLs) for public water supplies. The labs that did the analyses
(Accutest for the Inorganic analyses and Hazen Research for the radiological
analyses) are certified by the State of Colorado to perform the analyses on drinking
water samples, and have been shown to provide accurate results for the tests in
question.
My understanding from Mr. Juhl Is that the wells in question will not provide water to
more than two households, and therefore would not be regulated (at least by the
State) as public water supplies, so I am not sure why such extensive testing is
required. If Garfield County has It's own drinking water requirements I'd be happy
to compare the results to those limits, If you could provide a link to them.
I hope this satisfies your requirements. If you have any questions or concerns about
any of this Information, or If I can be of service in any other way, please do not
hesitate to contact me.
Best regards,
Tony Harrison, MSPH
Inorganic & Radiochemistry Supervisor
Laboratory Services Division
Colorado Department of Public Health and Environment
8100 Lowry Blvd.
Denver, CO 80230
303-692-3046 I tooy,barrjson@state.co.us
--------·-Forwarded message ----------
From: Dwight Juhl <greendog84532@gmajl.com>
Date: Wed, Sep 11, 2013 at 9:48 AM
Subject: Fwd: FW: Radiochemistry report
To: tony.harrison@state.co.us
HI Tony, Thanks for looking at my water test results from Accutest. The contact
person at Garfield County Planning Is Kathy Eastley, AICP, Senior Planner, Garfield
County Community Development, 108 8TH Street, Glenwood Springs, Co., 81601.
Phone 1-970-945-1377 ext. 1580. Email (keastley@garfield-county.com). My
contact information Is Dwight Juhl, 1761 County Road117 , Glenwood Springs,
Colorado 81601. Phone 1-970-618-2075. I look forward to your response. Thank
You, Dwight Forwarded message ----------
From: Shea Greiner <SheaG@accutest.com>
Date: Tue, Sep 10, 2013 at 12: 10 PM
Subject: FW: Radiochemistry report
To: 11greendog84532@gmajl.com 11 < greendog84532@gmajl.com >
Also attached is your original 1st report.
-----------
From: Shea Greiner
Sent: Tuesday, September 10, 2013 8:58 AM
To: 'dwjght@amsbasalt.com'
Subject: Radiochemistry report
You Radiochemisty report is attached.
Also attached are forms showing any standards for the testing you did. Please
refer to the MCL column on the forms for the regulated standard.
For your other report, any regulated standards that exist are shown on the
report of analysis pages. The column headed MCL (maximum contaminant level)
on the report of analysis pages, shows the state standard for the analyte.
Where there is nothing shown, there is not a regulated standard.
Thanks, Shea
Uilondo~
ofN:ic&kli
....im.-
PWSID:
System Name:
Contact Person:
Comments:
Sample Date:
Radionuclides Certified Laboratory Report Form
WQCD -Drinking Water CAS
4300 Cherry Creek Drive South; Denver, CO 80246-1530
Fax: (303) 758-1398; cdphe.drinkingwater@state.co.us
Section I (Completed by Public Water System) Sedioa Il (Completed by Certified L2bor:atory)
Pablic: W2ter System l•fonmtioa Certified Laberatory laformatiOll
Collector:
Phone#:
Do Samples Need to be
Composited BY THE LAB?
n
ILaboratory ID:
!Laboratory Name:
!contact Person:
!Comments:
!Laboratory Autbori7.cd Signature
Section m (Completed by Public Water System)
Printed Name
!Facility ID (On Schedule): !Sample Pt ID (On Schedule):
Stttio• IV RadioallClicla (Campleted by Certified Laboratory)
Phone#:
Title
Revision 614/131
RAD
Date
Lab Receipt I Lab Analysis
Date Date Lab Sample ID Analyte Name (Code) CASNo. Analytical
Method MCL II.ab MDLI Resu1t
Gross Alpha Including Uranium (4002) 12587-46-1 NIA
Combined Uranium (4006) 7440-61-1
30 ug/L
R.adiwn -226 (4020) 13982-63-3 NIA
R.adiwn -228 (4030) 15262-20-1 NIA
Gross Beta (4100) 12587-47-2 50pCi/L*
Total Dissolved Solids (1930)
NIA
*The MCL for Gross Beta Particle Activity is 4 mrem/year. Since there is no simple conversion between mremlyear and pCi/L EPA considers 50 pCi/L to be the level of concern.
StttioD V Calculated Valllla (Complettd by CDPBE)
Gross Alpha Excluding Uranium (4000)
NIA
Combined Radium {-226 &-228} (4010)
Calculated VaJue 15 pCi/L
Calculated Value
5 pCi/L
NIA
NIA
1111 Mountain States
II ACCLJTESm;
LABORATORIES
Technical Report for
Client
Dwight Juhl
Accutest Job Number: D45769X
Sampling Date: 05/01113
Report to:
1761 COun~ Road 117
Glenwood Springs, CO 81601
ATIN: Dwight Juhl
Total number of pages in report: 13
Test mulls conlalned within this da1a package meet the requirements
of the National Envlronmcnlal Laboratory Accredllallon Conrcrcncc
and/or slate spcclllc cerllflcaUon programs as applicable.
e-Hai·dcopy 2.0
Automated Report
µ~~
Scott Heideman
Laboratory Director
Client Service contact: Renea Jackson 303-425-6021
Cert1ncat1ons: CO (C000049), ID, NE (C000049), ND (R-027). NJ (CO 0007), OK (09942), UT (NELAP C000049),
TX (TI04704511)
This report shall not be reproduced, except In Us enUreiy, without the wrlllen approval of Accutest Laboralorles.
Tesi mulls relalc only to samples analyzed.
Mountain Stales • 4036 Youngfleld SI. • Wheal Ridge, CO 80033-3862 • tel: 303-425-6021 • fax: 303·425·6854 • ht1p://www.accu1cs1.com
I C..'.lA ..... ,...~ •• T1.':=o.8f •• 1 ........ 3: Accutest Lnboratories i~ the ~<)le nuthorily for m1thorizinl! edits or modillcations to lhis ._.._, ,.
document. Urrnulhorizcd modilicution orthi~ repon is stnctly pruhibilcd, 0457110x
Sections:
Table of Contents
-1-
Sectio11 1: Sample Su1n1nary .............................................•..................................................... 3
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Sample Summary
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Job No: D45769X
Dwight Juhl
Sample Collected Matrix Client
Number Date Time By Received Code Type Sample ID
045769-lX 05/01/13 15:30 DJ 05/02/13 OW Drinking Water WELL 280605A
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1111 Mountain States
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EXHIBIT
August 27, 2013
Dwight Juhl
Dwight@amsbasalt.com
Garfield County
Community Development
108 8th Street, Suice 401, Glenwood Springs, CO 81601
Office: 970-945-8212 Fax: 970-384-3470
Reference: Minor Subdivision Application -Garfield County File No. MISA-7583
Dwight;
N
In addition the referral comments that I have forwarded to you please amend the plat as
follows:
1. The title of the Plat should reflect 11Minor Subdivision" rather than Exemption.
2. The plat certificates should be amended pursuant to the attached certificates.
3. A second notary seal should be placed in the Certificate of Dedication and
Ownership in case the two owners don't sign at the same time.
4. Please verify that all standard plat notes, as indicated on the attached
paperwork, are included on this plat.
5. The encroachment of the southern home onto the adjacent property cannot be
shown on the plat. Instead please move the lot line (including required setbacks
from the structures) to which the adjacent owner has agreed, and note "Boundary
Line Adjustment recorded at Reception No. 11
• This BLA must be recorded
along with the plat. I am assuming that the northern BLA will be recorded along
with the plat as well.
6. A plat note must be crafted regarding the second unit on Parcel 2 -that It may
not be replaced, altered or modified without first receiving a Land Use Change
Permit from Garfield County for an Accessory Dwelling Unit.
7. The encroachment of the northern structure into the right-of-way must be
addressed with a plat note holding the County harmless In any damage resulting
from this encroachment. In addition, County Road & Bridge may require an
Encroachment Agreement.
8. Water quality analysis on the well on Parcel 2 does not appear to meet state
standards. This must be addressed -perhaps some water treatment process
could rectify the issue. Please consult with appropriate professionals to address
this situation.
9. The well on Parcel 1 was not tested with regard to water quality. This must be
completed to determine compliance with water quality standards. If this well is
similar to the one on Parcel 2 it may result In a requirement for water treatment .
The Director Decision will be issued on September 161h
therefore these issues need to
be addressed as soon as possible.
Please feel free to contact me with any questions.
CC: File
Scott Blackard via email
EXHIBIT
I I f
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WATER RESOURCES
November 15, 2013
Kathy Eastley
Garfield County Building and Planning Department
108 81h
Street, Suite 401
Glenwood Springs, CO 84601
Dear Ms. Eastley:
Re: Juhl Morton Minor Subdivision
Section 27, T6S, R89W, 6th PM
Water Division 5, Water District 38
John W. Hickenlooper
Governor
Mike King
Executive Director
Dick Wolfe, P.E.
Director/State Engineer
This letter is a follow-up to our letter of August 29, 2013 regarding the proposed Juhl
Morton Minor Subdivision. According to the information from the referral, the proposed water
supply for this two lot minor subdivision are two wells, currently permitted as Permit No. 152042
and Permit No. 280605-A.
Permit No. 152042, which is to be located on proposed Lot 1, was issued pursuant to C.R.S.
§37-92-602(3)(b)(ll)(A) on August 18, 1988 as the only well on a residential site of 5 ±acres. The
permitted use of groundwater from this well is limited to ordinary household purposes inside a single
family dwelling and the watering of the user's noncommercial domestic animals. For wells operating
under permits issued pursuant to CRS §37-92-602(3)(b )(ll)(A), there is a presumption that there will
not be material injury to the vested water rights of others.
The well on Lot 2 with Permit No. 280605-A was issued pursuant to CRS § 37-92-602(3)(c)
on May 8, 2009 as a replacement and relocation of an existing well with Permit No. 280605. The
permitted use of ground water from this well is limited to fire protection, ordinary household
purposes inside not more than two (2) single family dwelling(s), 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. These uses represent the historic uses in place prior to May 8, 1972.
Since, according to information you provided us that this project is not an exemption to
subdivision regulations, the water supply for this proposed subdivision was reviewed under
applicable policies and statutes, including State Engineer's Policy 2011-1 and C.R.S. §37-92-
602(3)(b )(II I).
Pursuant to C.R.S. 37-92-602(3)(b )(111), the State Engineer shall consider the cumulative
effect of all wells which would be located in a subdivision as defined in C.R.S. 30-28-101(10), in
determining injury to decreed water rights. As described in the State Engineer's Policy 2011-1, if the
parcel is subdivided, the presumption under C.R.S. 37-92-602(3)(b)(ll)(A), that there will not be
Office of the State Engineer
1313 Sherman Street, Suite 818 •Denver, CO 80203 •Phone: 303-866-3581 •Fax: 303-866-3589
http://water.state.co.us
DIVISION OF WATER RESOURCES
Kathy Eastley, Garfield County Building and Planning Department
Juhl Morton Minor Subdivision
November 15, 2013
Page 2 of 2
material injury to the vested water rights of others from such well, will no longer apply and that any
well, existing or proposed, in a proposed subdivision will be presumed to cause injury.
The wells in this proposed subdivision withdraw ground water hydraulically connected to the
Colorado River. When operating, the wells remove or deplete a certain amount of water that
normally contributes to the flow in the Colorado River. In terms of administration of the Water Rights
Prior Appropriation System in Colorado, the Colorado River is over-appropriated and many times
during the year, there is insufficient water available to satisfy all water rights in the basin. As such,
during this time only water rights with a senior priority are allowed to appropriate water. When junior
appropriators (such as the wells of this proposed subdivision) operate at times when there is
insufficient water, they are withdrawing water out-of-priority.
Without the presumption of non-injury offered under C.R.S. 37-92-602(3)(b)(ll)(A), and
according to the State Engineer's Policy, the wells of the proposed subdivision will be causing
material injury to senior water rights by diverting out-of-priority. Therefore, an augmentation plan is
required to offset depletions caused by the pumping of all wells within the subdivision boundaries.
If you or the applicant has any questions concerning this matter, please me for assistance.
Juhl Morton Minor Subdivision2.docx
cc: Alan Martellaro, Division Engineer
Water Commissioner, District 38
Sincerely,
Megan Sullivan, P.E.
Water Resource Engineer
-