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HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY Building & Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Telephone: 970.945.8212 Facsimile: 970.384.3470 www.aarfield-county.com Special Use Permit GENERAL INFORMATION (To be completed by the applicant.) > Street Address / General Location of Property: 0200 Oct tlam I 2 P VeA-bkrIL UL- ' L 1C�, • _ > Legal Description: SecCCY\ 35 -- owes \F CQ sdu*k R-ar�Ac., 'NzA Nrve \- cc- Cs P.M CThafEle,g aw-k9 1k 2_1 cf ;t1r\e- weS-• n\‘_. ' ,Zky\ h %v,bis.vlscY\- > Existing Use & Size of Property in acres: > Description of Special Use Requested: �� S Cr1c 3.c\.\LIC2,_ (.. 01-\2ar r'e.1S �r4 C a.rC\e \ P1/2 itnt 1 . ___avOiL. skaw e, 'p2.Yt \i-- t Ute. 2 Yz11_? 1__&. > Zone District: i -./r)I,_ ' „,,a(2- \\A > Name of Property Owner (Applicant): x to C�e��a ).--)CUa n cr1 > Address: C )-A \nj 82 pots cNCd \ Telephone: (277 C 72f/ > City: Get-\vvC,08 vnj nCiS State: C-0 Zip Code: & U I FAX: g371 > Name of Owner's Representative, if any (Attorney, Planner, etc): ,pr3 E ns\ `, r'e -Y1 N i l„C ) > Address: (2 k._ _a . icIS l .nS Telephone: cc r O3\ i > City: C_?s.6D aY�7),Ae) State: Cry Zip Code: (6(2J FAX:.41- n3 4.1,.t a(44i41 I. STAFF USE ONLY > Doc. No.: Date Submitted: TC Date: > Planner: Hearing Date: RECEIVED JUN 0 1 2005 GARFIELD COUNTY BUILDING & PLANNING May 2, 2005 Mark Gould Gould Construction 6874 Hwy 82 Glenwood Springs, CO 81601 RE: Proposed Garfield County Special Use Permit Application for Tailwater Ditch Improvement Work in the 100 -yr Floodplain - Construction Recommendations at the Gould Residence Lot 21, Westbank Ranch Subdivision, Garfield County, CO SE Job No. 23194.02 Dear Mark: Pursuant to your request, Sopris Engineering, LLC (SE) has evaluated the feasibility of constructing tailwater stream channels/water features with appropriate bank stabilization at the above referenced site. All proposed work will occur above the mean high water line (MHW) without any encroachment or disturbance below the MHW or placement of additional fill in the floodplain. Therefore the work does not require a US Army Corps of Engineers Permit. Additionally the work will involve the construction of 2 ditches across the lot that will route adjudicated tailwater diversions from the Robertson ditch system to the two selected discharge locations on the existing Lot 21 river embankment. The diverted water from the historic return flow channel that exists through the subject property near the upstream property line will be put to beneficial use as a water feature on the site. No ponds or other evaporative surfaces will be including in the proposed water feature, therefore no consumptive use will occur. The existing ditch water that currently flows into the river will simply be split in additional lined open channel streams. The outfall locations of these streams at the river embankment will be above the MHW line and constructed with select soil replacement material and embedded rip rap. The minor cuts into the existing embankment will be limited to an adequate area for the construction and maintenance of the stream channel. The portion of the embankment below the MHW line is well compacted and armored in it's natural state and will be left undisturbed. The absolute maximum flow through the proposed stream channel will be 1 cfs and 2 cfs on the west channel and east channel respectively. The attached exhibit map delineates the proposed channel and existing conditions at the site. Additional information and recommendations in regard to the proposed construction and water feature is presented below and on the attached plan. Our recommendations are in regard to current floodplain information, existing conditions and regulatory issues. We have reviewed the floodplain information and County Special Use Application guidelines and have created an exhibit sketch and details using the 1986 flood plain and pertinent current existing conditions information. The attached sketch delineates the existing conditions and floodplain information from the survey mapping. We have delineated the two outfall locations where the bank will be stabilized above the mean high water line. The typical section detail is based on existing bank conditions and delineates a stepped boulder rip rap revetment (armored bank) placed with an approximate 3:1 slope at a location that will not result in disturbance below the MHW line, result in a net decrease in the floodway conveyance area or cause any erosion to occur within the flood plain. We have attached the submittal package with the required supporting information. The Garfield County process for obtaining a special use permit is not administrative but rather per staff review with approval by the BOCC at a public hearing. Therefore a notice needs to be made by publication, mail and posting per the Special Use Permit Application procedural requirements. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants Mark Gould SE. JOB 23194.02 May 2, 2005 Page 2 You need to submit 2 copies of the completed and signed application with the required submittal documents along with the application fee. If you have any questions please call. Sincerely, SOPRIS ENGINEERING, LLC ,E.'R itledge Debia7� Pnainel' w8;' 0t cap . y Applicant: Mark Gould SE Job No. 23194.02 May 2, 2005 Page 5 APPENDICES The following documents are appended hereto: Appendix "A" —Exhibit A - Site plan and Details Appendix "B" — Vicinity Map Appendix "C" — Exhibit c -1982 Flood Study Map Appendix "D" — Assessor's Map Appendix "E" — Deed Appendix "F" — List of Adjacent Property Owners Appendix "G" — Water Court documents VICINITY MAP OF. LOT 21 OF WEST BANK RANCH SUBDIVISION A TRACT OF LAND SITUATED IN OF SECTION 35, TOWNSHIP 6 SOUTH, RANGE 89 WEST OF THE 6TH P.M., COUNTY OF GARFIELD, STATE OF COLORADO. • • • • i -•• -1r Vi,: / 4141 a .'` :ti,, ♦fix.• S \ • • r. e ' r 54•3.5 r R:• 1 yri - a , . , • ,1' f a l: '• f• , • 1 1. , s• - 1— d k a a • ,_ •,� • — -!. _ r:F. -•- ..•— . . i! _%_• ._ " — __ •1....�-�.••.ii. ... .�:ur>,•t "'�+• � ^-,..� , _ k .• c Nit 11 ( :ti.•",� 1".i-1.'-.,., i.1. . t - t '� i=• i' { }' z• y • ‘� -- • ! wA • • { ;' .. }. •.. 6f 1• f SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 SCALE 1"=2000' / BIT h 23194 01/18/05 lot 21 quod.OL�4'G�^, K,_ TO MAP 500 -Year Flood Boundary -- 100 -Year Flood Boundary Zone Designations 100 -Year Flood Boundary 100•Ycar Flood Boundary lase Flood Elevation Line Vith Elevation In Fcei** ase Flood Elevation in Feet here Uniform Within Zone** Ievation Reference Mark {one 0 Boundary liver Mite 513— (EL 987) RM7X •M1.5 *Referenced to the National Geodetic Vertical Datum of 1929 1. 2. 3. ZONE • FLOOD. INSURANCE; RATE MAP GARFIELD COUNTY, COLORADO:.: (UNINCORPORATED AREAS) PANEL 1465 0F1J00 (SEE MAP INDEX:OR PANELS NOT PRINTED) COMMUN1TY-PANEL NUMBER 00405 1465 8 iAP REVISED: JANUARY 3,1986 Federal Emergency Management Agency FEMA FLOODI LOT 21, WEST BANK SUBDIVISION GARFIELD COUNTY, CO EXHIBIT C FLOODPLAIN INFORMATION DELINEATED ON THIS iv FEMA FIRM AND FLOODWAY MAPPING, 1/3/86 COMUNNITY-PANEL NUMBER; 080205 1465 B AND FLOODWAY MAPPING, COMUNNITY-PANEL N(' WATER FEATURE SPECIAL USE PERMIT THE FLOOD PLAIN ELEVATIONS ARE BASED ON P. CORRESPOND TO THE CORRECT VERTICAL DATUM THE 100 -YEAR BASE FLOOD ELEVATION AT THE I DES. PER CK. YTN EXISTING FLOOD ELEVATION CROSS SECTION LINE: DR. PER DATE 1 /17/05 FILE NO. SHEET I 23194.02 OF L May 2, 2005 APPLICATION FOR SPECIAL USE PERMIT FOR CONSTRUCTION OF ADJUDICATED WATER FEATURE DISCHARGE IMPROVEMENTS ON A PORTION OF A PARCEL OF LAND WITHIN THE 100 -YEAR FLOOD PLAIN Representative: Sopris Engineering LLC 502 Main Street, Suite A3 Carbondale, Colorado, 81623 Yancy Nichol PE, Principal Property Owner: Mark Gould Gould Construction 6874 Hwy 82 Glenwood Springs, CO 81601 tt!'14111I111/4 Ot o �'F'f/ �s s monao '+�' 4: %' i° fie r�'� � ‹.$zz' *4 Applicant: Mark Gould SE Job No. 23194.02 May 2, 2005 Page 2 APPLICATION FOR SPECIAL USE PERMIT FOR CONSTRUCTION OF ADJUDICATED WATER FEATURE DISCHARGE IMPROVEMENTS ON A PORTION OF A PARCEL OF LAND WITHIN THE 100 -YEAR FLOOD PLAIN Property Owner: Property Location: Mark Gould Gould Construction 6874 Hwy 82 Glenwood Springs, CO 81601 The subject property is located in Section 35, Township 6 south, Range 89 West of the 6th P.M. in Garfield County at Lot 21, of the Westbank Ranch Subdivision. Request for Approval: (a) A Special Use Permit for construction of adjudicated water feature channels and discharge improvements along the Roaring Fork River; (b) Approval of construction in accordance with Garfield County's Supplementary Regulations regarding Special Use Permits and work in flood plains. SUMMARY OF REQUESTS The applicant is requesting a special use permit in order to construct adjudicated tailwater stream channels/water features with appropriate bank stabilization at the above referenced site. All proposed work will occur above the mean high water line (MHW) without any encroachment or disturbance below the MHW or placement of additional fill in the floodplain. The work will involved the construction of 2 lined stream channels that will route adjudicated tailwater diversions from the Robertson Ditch. The diverted water from the historic return flow channel that exist through the subject property near the upstream property line will be put to beneficial use as water features .on the site. The existing ditch water that currently flows into the river will be split and routed through the property in pipelines and lined open channel streams. The outfall locations of these streams at the river embankment will be above the MHW line and constructed with select soil replacement material and embedded rip rap. The minor cuts into the existing embankment will be limited to an adequate area for the construction and maintenance of the stream channel. The portion of the embankment below the MHW line is well compacted and armored in it's natural state and will be left undisturbed. EXISTING CONDITIONS AND FLOODPLAIN The proposed improvements will occur along the left bank along the olorado River hrough the subject property. The existing top of bank, along the proposed east and west stream channel improvement locations, are at approximate elevations of 5872.0 and 5871.0 feet respectively. The 100 -year floodplain elevations at the proposed east and west stream channel improvement locations, are at approximate elevations of 5872.4 and 5871.6 feet respectively according to the Applicant: Mark Gould SE Job No. 23194.02 May 2, 2005 Page 3 1986 FEMA FIRM mapping. The existing mean high water levels, along the proposed east and west stream channel improvement locations, are at approximate elevations of 5867.0 and 5865.0 feet respectively. The existing bank is sloped at 1:1 to 0.5:1 and is currently very stable and amored with naturally occurring boulders and cobbles. The floodplain information has been derived from the FEMA FIRM map, comunnity-panel number; 080205 1465 b, dated 1/3/86. The Regulations with respect to the flood plain only require a special use permit for "any use to be developed in the flood plain." Garfield County Zoning Resolution, § 6.08.01. A portion of the Applicants' proposed construction and uses are inside of the mapped 100 -year flood plain. The proposed tailwater stream channel discharge locations are within the 100 year plain; therefore the construction with appropriate stabilization under the Floodplain Regulations may be applicable. USACE PERMITTING The proposed construction involves work associated with adjudicated water rights and will occur above the Mean High Water line. No disturbance of wetlands or existing floodplain conditions is proposed or applicable. Therefore no USACE permitting is required. CONSTRUCTION ACTIVITIES IN THE FLOODPLAIN Section 6.00 of the Zoning Resolution permits construction as discussed herein. Because the site is impacted by the 100 -year flood plain, Applicants herein address the flood plain regulations. The applicable maps do identify that a portion of the property is within the 100 -year flood plain and the existing river embankment is adjacent to the 100 -year floodway. The proposed construction will occur below the 100 -year flood elevation and above the mean high water line. The applicants intends to .erform cut and erosion protection activities in this area along the existing left bank of t Roaring or Riv . nd armor the upper portion of the bank at a re -graded slope without any disturbance to the .xisting armored bank below the MHW line. No fill is proposed to be placed within the flood ay. No construction activities are proposed that will restrict or otherwise adversely impact the urrent flood flow conditions. Section 6.09.01. The proposed east and west cross-sectional cut areas of approximately 65 and 90 square feet along the upper portion of the existing bank, will not result in any adverse effects to the bank stability or flood water flow characteristics within the floodway. The proposed cuts will be above the MHW level elevations on the existing bank. A corresponding cross sectional fill replacement areas of approximately 40 and 60 square feet square feet will consist of partial backfill with boulder rip rap embedded in the cut bank in the selected locations just below the new finish bank surface grades to established a new stream channel outfall bed. The new east and west outfall invert elevations will not encroach below the existing MHW elevations that are approximately 5.4 and 6.6 feet below the 100 -year flood plain elevations respectively. The small net cut areas will have no impact on the overall flow area of the Roaring Fork River during the 100 -year or smaller flood events. Applicant: Mark Gould SE Job No. 23194.02 May 2, 2005 Page 4 Section 6.09.02. The proposed bank and stream channel stabilization riprap wall shall be reasonably safe from the effects of flooding due to the specified size and placement of the rock to be utilized in its construction. This armoring will protect the embankment from possible erosion and scouring of the river embankment. The absolute maximum flow through the proposed stream channel will be 2 cfs and 1 cfs on the east channel and west channel respectively. Section 9.03 The Special Use Permit Application is being submitted in accordance to the requirements and procedures contained in Section 9.03 of the Garfield County Land Use Code. The information contained in this narrative and the attached exhibits and appendices are for use in supporting the application. There will be no hours of operation or additional vehicles accessing the site following the above described improvements. There will be no negavtive impactsto the subdivision and adjacent properties as a result of these beneficial improvements. �XH)B1T 0 i 8 1 11111111111 1E1 11111 11Ig 11111 11111111 11/11fir,1111 642703 12/10/2003 03:58P B1543 P923 fl ALSDORF 1 of I R 6.00 D 27,50 GARFIELD COUNTY CO Filed for record the day of ,A.D. at Reception No. o'clock H. By RECORDER DEPUTY. WARRANTY DEED THIS DEED, Made on this day of December 04, 2003 between MOUNTAIN ViEW BUILDING SPECIALTIES. INC. of the County of GARFIELD and state of Colorado the Grantor(s), and MARK C. GOULD AND MARY A. GOULD whose legal address is : 0041 OAK LANE, GLENWOOD SPRINGS, CO 81601 of the County of CARRED) and State of Colorado the Grantee(s): WITNESS, That the Grantor(s), for and in consideration of the sum of ( 5275.000.00 ." Two Hundred Seventy Five Thousand and 00/100 """ DOLLARS the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee(s), his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of GARFIELD and State of Colorado, described as follows: LOT 21 WESTBANK RANCH SUBDIVISION FILING NO. I COUNTY OF GARFIELD STATE OF COLORADO also known as street number LOT 21 WESTBANK RANCH SUBDIVISION, FILING I, GLENWOOD SPRINGS. CO 81601 TOGETHER with all and singular and hereditaments and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder end remainders, rents, issues and profits thereof; and all the estate, right title interest, claim and demand whatsoever of the Grentor(s), either in law or equity, of, in and to the above bargained premises, with the hereditements end appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described with appurtenances,.unto the Grantee(s), his heirs end assigns forever. The Grantor(s), for himself, his heirs and personal representatives, does covenant, grant, bargain, and agree to and with the Grantee(s), his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and hes good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, soles, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, SUBJECT TO GENERAL TAXES POR THE YEAR 2003; AND EASEMENTS, RESERVATIONS, RESTRICTIONS, COVENANTS AND RIGHTS OP WAY OF RECORD, IF ANY; AND DISTRIBUTION UTILITY EASEMENTS; AND MATTERS NOT SHOWN BY THE PUBLIC RECORDS BUT OF WHICH GRANTEE HAS ACTUAL KNOWLEDGE; AND INCLUSION OF THE PROPERTY WiTHIN ANY SPECIAL TAXING DISTRICT; AND THE BENEFITS AND BURDENS OP ANY DECLARATION AND PARTY WALL AGREEMENTS. IP ANY. The Grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee(s), his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, and the plural the singular, end the use of any gender shall be applicable to all genders. iN WITNESS WHEREOF the Grantor(s) has executed this deed on the date set forth above. STATE OF Colorado )ss. County of GARFIELD MOUNTAIN VIEW BUILDING SPECIALTIES, INC. BY: MARK C. LD, PRESIDENT The foregoing instrument was acknowledged before me on this day of December 04. 2003 by MARK C. GOULD PRESIDENT OF MOUNTAIN VIEW BUILDING SPECIALTIES, INC. My commis Witness ELLEN Ni. LIPSCOMR ion eNOTARY PUBLIC tido tsrftilopADo CornmisswnptyliC Sept. 21,2006 Notary Public Name and Address of Person Creating Newly Created Legal Description ( 38-35-106.5, c.R,S,) Escrow# GW242767 Title# GW242767 When Recorded Return to: MARK C. GOULD AND MARY A. G011L0 0041 OAK LANE Form No. 932 Rev 4-94. WARRANTY DEED (Photographic Record WD1) GLENWOOD SPRINGS, Co 81601 XHi BiT E Applicant: Mark Gould SE Job No. 23194.02 May 2, 2005 Page 6 Appendix "F" Assessor's Map List of Adjacent Property Owners 1. 218535301021 Lynne S. Cantrell P.O. Box 2104 Basalt, CO 81621 2. 218535301022 Sterling & Cristine Page 0235 Oak Lane Glenwood Springs, CO 81601 3. 218535301032 David m. & Rosella Leety 0218 Oak Lane Glenwood Springs, CO 81601 4. 218535301019 Collette L. Barksdale & Teresa L. Peckham P.O. Box 3031 Glenwood Springs, CO 81602 5. 218535301023 R. Gregory Souder P.O. Box 11641 Aspen, CO 81612 6. 218534402008 Marlin, Ltd C/O Carl Linnecke 215 South Monarch, Suite 1 Aspen, CO 81611 7. 218535300019 Eastbank LLC, Cozy Po LP C/O Dunrene Management, Inc. P.O. Box 9220 Aspen, CO 81612 8. 218535300001 LB Rose Ranch, LLC CIO Scott Balcomb P.O. Drawer 790 Glenwood Springs, CO 81602 Applicant: Mark Gould SE Job No. 23194.02 May 2, 2005 Page 7 Appendix "G" WATER RIGHTS DOCUMENTS LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK EDWARD B. OLSZEWSKI Mark and Mary Gould 0041 Oak Lane Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 ebo@lklawfirm.com June 15, 2004 DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) Re: Case No. 03CW118, Water Division No. 5 Application for Water Rights of Mark and Mary Gould Dear Mark and Mary: Enclosed please find a letter from Jefferson Houpt dated June 14, 2004. Please review and contact me regarding a response. Very truly yours, LEAVENWORTH ', P.C. award EBO:ag Enclosure I:'004\ClimuWouIE.1569t4ins\Clirnb614 lir vpd s wski CALOIA, FIOUPT & HAMILTON, P.C. ATTORNEYS AT LAW 1204 GRAND AVENUE GLEN W OOD SPRINGS, COLORADO 81601 SHERRY A. CALOIA JEFFERSON V. HOUPT MARK E. HAMILTON MARY ELIZABETH GEIGER CYNTHIA. F. FLEMING MELODY D. MASSIH June 14, 2004 RECEIVED JUN ;; 2004 LEAVENWORTH & KARP,, P TELEPHONE (970) 945-6067 FACSIMILE (970) 945-6292 Sender's email: jhonpt a(�t1 opris.nel Edward B. Olszewski, Esq. Leavenworth & Karp, P.C. PO Drawer 2030 Glenwood Springs, CO 81602 Re: Case No. 03CW118; Water Rights of Mark and Mary Gould Dear Ed: This is response to your letter to me of May 24, 2004, and the proposed stipulation and ruling accompanying that letter. Before we can properly evaluate those documents, we need to confirm Mark Gould's ultimate water plan. His plans were presented to the Homeowners Association in conceptual form, and it is my understanding that the Association authorized him to proceed on that basis. At that time, the plan was to make some improvements to the tail portion of the Robertson Ditch to create a quasi -waterfall effect and to run a small portion of the water to a fountain in the center of a circular driveway. Would you please confirm that this remains the plan, and provide us with a reasonably detailed description of all plans for raw water use on the property. Once we have that in hand, we will be able to complete our review of the stipulation and proposed ruling. Sincerely, CALOIA, HOUPT & HAMILTON, P.C. JVH:mh cc: clients WESTBANK RANCH HOA -Olszewski -16r-1 FN 12 LEAVENWORTH & KARP, P.C. ATTORNEYS AT LAW LOYAL E. LEAVENWORTH SANDER N. KARP DAVID H. McCONAUGHY JAMES S. NEU JULIE C. BERQUIST-HEATH SUSAN W. LAATSCH NICOLE D. GARRIMONE ANNA S. ITENBERG MICHAEL J. SAWYER TERESA L. HOCK EDWARD B. OLSZEWSKI Mark and Mary Gould 0041 Oak Lane Glenwood Springs, CO 81601 1011 GRAND AVENUE P. O. DRAWER 2030 GLENWOOD SPRINGS, COLORADO 81602 Telephone: (970) 945-2261 Facsimile: (970) 945-7336 ebo@lklawfirm.com June 15, 2004 Re: Case No. 03CW 118, Water Division No. 5 Application for Water Rights of Mark and Mary Gould Dear Mark and Mary: DENVER OFFICE:* WAZEE EXCHANGE BUILDING 1900 WAZEE STREET, STE. 203 DENVER, COLORADO 80202 Telephone: (303) 825-3995 Facsimile: (303) 825-3997 *(Please direct all correspondence to our Glenwood Springs Office) Enclosed is a letter and proposed Stipulation from Scott Balcomb dated June 10, 2004. Please review the terms of the Stipulation and advise me whether it is acceptable. Since you are obtaining a waste water right in the Robertson Ditch, I recommend that you authorize me to execute the proposed Stipulation and resolve the Rose Ranch opposition. Please take some time to review the enclosed, and contact me to discuss. Very truly yours, LEAVENTWCR''i,H:& KARP,.P.C. dwa :. Olszewski EBO:ag Enclosures I\2004\CIim6'Guu1d 1565LLeten \ClirntrStip xpd EDWARD MULHALL. JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A. THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER ANNE MARIE MCPHEE DEBORAH DAVIS* SARA M. DUNN • ALSO ronm[o TO PRAcncE IN Nen YORit /NO MISSOURI BALCOMB & GREEN, P.C. ATTORNEYS AT LAN P. O. DRAWER 790 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 81602 Via U.S. Mail Edward B. Olszewski Leavenworth & Karp, P.C. P. O. Drawer 2030 1011 Grand Ave. Glenwood Springs, CO 81601 Telephone: 970.945.6546 Facsimile: 970.945.8902 www.balcombgreen.com June 10, 2004 Re: Case No. 03CW118 - Application of Gould OF COUNSEL: KENNETH BALCOMB JOHN A. THULSON RECEIVED JUN 1 4 2004 LEAVENWORTH & KARP, PC, Dear Ed: Enclosed is a proposed Stipulation and Agreement which contains terms and conditions under which Rose Ranch will agree to stipulate to entry of a decree in this case. Please review the stipulation and contact me to discuss any questions or concerns you may have. If the proposed stipulation is acceptable, please amend the Goulds' proposed decree to conform with these requirements, and return it to us with the proposed Stipulation for execution. CLG/ip Enclosure cc: Mike Staheli Very truly yours, BALCO REEN P.C. By Scott Balch b Christopher L. Geiger DISTRICT COURT, WATER DIVISION NO. 5, COLORADO Garfield County Courthouse 109 8'' St. Suite 104 Glenwood Springs, CO 81601 (970) 945-5056 A COURT USE ONLY A CONCERNING THE APPLICATION OF: MARK AND MARY GOULD, in GARFIELD County, Colorado Attorneys for Applicant Edward B. Olszewski, #24723 LEAVENWORTH & KARP, P.C. 1011 Grand Avenue P.O. Drawer 2030 Glenwood Springs, CO 81602 Phone: (970) 945-2261 Fax: (970) 945-7336 E -Mail: ebona,LKLawfirm.com Case Number: 03 CW 118 Water Division No. 5 STIPULATION AND AGREEMENT The Applicants, MARK AND MARY GOULD ("Gould"), and Objector, LB ROSE RANCH, LLC. ("Rose Ranch"), by and through their undersigned attorneys, hereby Stipulate and Agree as follows: 1. Goulds filed their application for surface water rights on June 26, 2003 and an amendment thereto on February 27, 2004. 2. Rose Ranch timely filed a Statement of Opposition to the Application. 3. Rose Ranch consents to an entry of a decree in this matter which contains terms and conditions at least as restrictive on the Applicants as the proposed decree attached hereto as Exhibit A (the "Decree"), and which specificallyincludes in the following language: The source of water for Applicants' Gould Tail Water Ditch is the tail water from the Robertson Ditch, which is owned in part by Objector, LB Rose Ranch, LLC. As a condition of Rose Ranch's Stipulation, Applicants agree that neither this Decree nor their ownership of the Gould Tail Water Ditch water right decreed herein shall provide them or otherwise establish in them any interest in the Robertson Ditch or the ditch easement for the Robertson Ditch and that Applicants are not entitled to participate in the operation, maintenance, use or enjoyment of the Robertson Ditch. Applicants shall not oppose any case filed to change the Robertson Ditch water rights as that term is defined at C.R.S. § 37-92-103(5), or otherwise attempt to prevent the Robertson Ditch owners from changing the historical operation, maintenance or use of the Robertson Ditch. 4. Gould will provide Rose Ranch copies of future drafts of the Decree which are submitted to the Court. 5. This Stipulation and Agreement shall be binding on the Parties', their successors and assigns, and the Parties shall be responsible for their own attorneys fees and costs in this matter. LEAVENWORTH & KARP, P.C. Attorneys for Applicants, Mark and Mary Gould By: Date: Edward B. Olszewski, #24723 1011 Grand Avenue P.O. Drawer 2030 Glenwood Springs, CO 81602 (970) 945-2261 BALCOMB & GREEN, P.C. Attorneys for Objector LB Rose Ranch, LLC By: Date: Scott Balcomb, #1376 Christopher L. Geiger, #32333 818 Colorado Ave. P.O. Drawer 790 Glenwood Springs, CO 81602 (970) 945-6546 Stipulation and Agreement Case No. 03CWII8 Application of Gould Page 2 Aug -29-2003 10:31am From - Submit original plus three copies T-383 P.002/006 F-042 ❑ District Court Water Division 38 Court Address: 109 8t„ Street Glenwood Springs CO 81601 , Colorado CONCERNING THE APPLICATION FOR WATER RIGHTS OF: Applicant: Mark and Mary Gould IN Garfield COUNTY. FILED GWVMEV,71 JUN 2 6 2003 * COURT USE ONLY A If Represented by an Attorney, Attorney's Name and Address: Phone Number: FAX Number; E-mail: Aty. Reg, #: Case Number; p 3 C (k) l l 5 Division Courtroom APPLICATION FOR WATER RIGHTS (SURFACE) Name, address, telephone number(s) (residence EPA business) of applicant(s): Mark and Mary Gould 0041 Oak Lane Glenwood String CO 81801 2, Name of structure: (ditch, spring) Robertson Ditch — Gould Enlargement 3. Legal description of each point of diversion: (Include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate % Y., section number, township, range and meridian; include map). The location may include UTM coordinates based on Zone 13 and NAD27(CONUS) datum, In urban areas, Include street address, lot, block, and subdivision: Required Description: County Garfield NIN 1/4 of the ...$111/4 Section 18 Township 7 N or S ❑ D. Range 88 Principal Meridian 811 E or W ❑ O Distance from section lines 1800 Feet from G N (section El lines are typically not property lines) S and 1.306 Feet from ❑ E IE W Street Address: Subdivision: Lot Block Optional Additional Description: GPS location information In UTM format Required settings for GPS units are as follows: Format must be UTM; Zone must be 13; Units must be Meters Datum must be NAD27 (CONUS) and; Units must be set to true north. Northing Easting Were points averaged? ❑ YES ❑ NO Source: (tributary and river) Roaring Fork River tributary to the Colorado River, 4. A. Date of initiation of appropriation: May 30, 2003 JDF 225IN R1/02 APPLICATION FOR WATER RIGHTS (SURFACE) Page 1 of 4 Aug -2.8-2003 10:31am From- T-383 P.003/006 F-042 Submit original plus three copies B. How appropriation was Initiated: Formation of intent to divert water and field inspection of glace of use and point 0 diversion. C. Date water applied to beneficial use: N/A 8. Amount claimed: 1.00 cfs 0 Absolute ® Conditional Use or proposed use: Aesthetic water feature A. If irrigation, complete the following; Number of acres historically irrigated NA ' proposed to be Irrigated NA Legal description of acreage: B. If non -Irrigation, describe purpose fully. Aesthetic water feature. 7, Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water is or will be stored, or upon which water Is or will be placed to beneficial use. Aspen Glen Golf, Co., C/O Melrose, Co„ PO Box 21307, Hilton Head SC 29926 8, Remarks: 1. Name of structure: (ditch, spring) Gould Tallwater pitch 2. Legal description of each point of diversion: (include distance and bearing from established government section comer or quarter corner; or distances from section lines, and Indicate '/4 %, section number, township, range and meridian; include map). The location may include UTM coordinates based on Zone 13 and NAD27(CONUS) datum. In urban areas, include street address, lot, block, end subdivision: Required Description: County Garfield 1/4 of the •• SW 114 Section 35 Township 6 Range Bg Principal Meridian 6'" N or S ❑ Q7 E or W ❑ ra Distance from section lines 700 Feet from ❑ N (section © lines are typically not property lines) S and 1,000 Feet from ❑ E 0 W Street Address: Subdivision: Westbank Ranch Planned Subdivision, Filing 1 Lot 21 Block JOF 296W R1/02 APPLICATION FOR WATER RIGHTS (SURFACE) Page 2 of 4 Aug -29-2003 10:32am From - Submit original plus three copies T-383 P.004/006 F-042 3, Optional Additional Description: GPS location information In UTM format Required settings for GPS units are as follows: Format must be UTM; Zone must be 13; Units must be Meters Datum must be NAD27 (CONUS) and' Units must be set to true north. Were points averaged? U YES D NO Northing Easting Source: (tributary and river) Tail water from the Robertson Ditch tributary to the Roaring Fork River. tributary to the Colorado River • 4. A. Date of Initiation of appropriation: June 28. 2002 D, How appropriation was initiated: by construction of water feature and diversion of water E. Date water applied to beneficial use: July 31, 2002 5. Amount claimed: 4.00 cfs Ll Absolute ❑ Conditional Use or proposed use: Aesthetic water feature C. If irrigation, complete the following: Number of acres historically Irrigated NA proposed to be Irrigated NA Legal description of acreage: D. If non -Irrigation, describe purpose fully. Aesthetic flow through water feature. S. Name(s) and address(es) of owner(s) of the land upon which any structure is or will be located, upon which water Is or will be stored, or upon which water Is or will be placed to'beneflcial use. Mountain View Building Specialties 7. Remarks: I, N4 et R14-.. c&utrl) Signature of Applicant (or Attorney) 4 I 0 \K Address of Applicant ,Co S/bOl Telephone No. 9 7 U r q LS -'-'7 30e) verify Its content. state under oath that I have read this application and JDF 298W R1/02 APPLICATION FOR WATER RIGHTS (SURFACE) Page 3 of 4 Aug -2,9-2003 10:32am From- T-383 P.005/008 F-042 Submit original plus three copies Applicant Subscribed and affirmed,r sworn to before me in the County of \(SPI rC.-l..p State of QC: 1o%ob 1 this 6 day of JUdsmss.- 20 O My commission expires: 01 kl�Cx�3 JDF 296W R1/02 APPLICATION FOR WATER RIGHTS (SURFACE) Page 4 of 4 Aug -29-2003 10:32am ' • • From - 7 -383 P 006/006 F-042 7 9 RESOURCE; E. =ma ENGINEERING, INC. Water Right Location. Gould Residence 706-2.0 06123/03 HAPLAND 2003 GARFIELD COUNTY BUILDING AND PLANNING DEPARTMENT AGREEMENT FOR PAYMENT FORM (Shall be submitted with application) GARFIELD COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) agree as follows: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Garfield County Resolution No. 98-09, as amended, establishes a fee schedule for each type of subdivision or land use review applications, and the guidelines for the administration of the fee structure. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it is not possible at this time to ascertain the full extent of the costs involved in processing the application. APPLICANT agrees to make payment of the Base Fee, established for the PROJECT, and to thereafter permit additional costs to be billed to APPLICANT. APPLICANT agrees to make additional payments upon notification by the COUNTY when they are necessary as costs are incurred. 4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of consulting service determined necessary by the Board of County Commissioners for the consideration of an application or additional COUNTY staff time or expense not covered by the Base Fee. If actual recorded costs exceed the initial Base Fee, APPLICANT shall pay additional billings to COUNTY to reimburse the COUNTY for the processing of the PROJECT mentioned above. APPLICANT acknowledges that all billing shall be paid prior to the final consideration by the COUNTY of any land use permit, zoning amendment, or subdivision plan. APPLICANT /-72eid Signature Date: 7/1240.6. j0,'gr MARK Gouc.t Print Name Mailing Address: o Za7 Cfi'IL. Lame Gds gI1,OI Page 4 .:., •i. .5'1. I: ror:l.d ai 10: 34. .;bl,,.l i.. 31.. .a:..-Is'!'3 ,- •1 Cee,q.l ion Xn. Ih•,order. - ,.- 111 -1J1;11,. ]l:e!•.h>.. 2.6t}I d:.:: or UCLuUet•, • in )h.• ear of on I,.h1 a,r• I lr•u:zn d Iiiro' 1111101.-4 :1..•I 1'i.f t� , i•••ticl e'. „I;:;1 r:: •i:.DUilr.(, .1 C. (8.1:x)k:e•wI :La J ol;n 1;. idl ney, Junior uit;rl: Y (alb() ktr•,.n ;ti, lhom-,s 1111 lip itilrn.iy) IVpr 1•oue.t,''.1 thirfiel.d Initi f I 'eloradn,r1.f the first Ito; 1. nod- •- _ .�a0�j Hf.IL1LU L. GMIHitoL •arid Nc.L1:N UI1 N. Y 01.0elii'i GARP f the •L:ulau�' of -• Garfield BUJL DuzN�UJV]'Y r'olnl':id,..,if 11te.ri'e.nd j�urf: • _ i#/' A'`, �ft(r�+ Iv ITN ESSI''I'II,'I'I.:It the said parties of the s1 -a Pall „NC and in coltsideratlon of thenure of !►YJ".V Ten Dollars ana diner good and valuable con::iderations 1006U S. - In Ih. said part itis of the first part In hand Judd hi' the said parties of the second port, the receipt whereof is ; . LeI'el,v •°uf,y:a•d and :et.nuwli'dnrrl, lin ve" srr:mlr.l.1 .1 rain' l.: -old and conveyed, and by Ila•>.' ptrsellls do ••Ned, In:, rs. h.. ::ell. entrrey 1111.1 t•°nliral ludo the ...Id ie:+ of I Iii' en'nnd pall. not III tenivay lu OOIIIIllr4l but in p.in1 lemon, the survivor of them, their assi.ats :.WI the heirs and assigns of such survivor forever. nil the follow - int: dew' Hied lot ci or pored g of fund, situate, lying nod being In no. County of Garfield and Stale of Colorado, to -wit: In sec. 1, Tp. 7 :i., :t. 119 Ji. 6th P. r..: 1Jiat part of Lots 5, 1.3, 15 and 24 lying South and hest of the fol- lowing described lino: beginning at a point on the North. line of said i.bt > wttertce the .iorthwest corner of said .,ec. 1 bears South IA'JJ' 'nest 93.'iI% feet; thence South 22°03' cast 60.4 feet; thence South 16°)i1 cast 126.7 feet; thence South 11^)3' East 542.7 feet; thence South 19°411 atst-969..7 feet; thence south 34°081 bast 283.0 feet; thence South 52°221 East 706.0 feet; thence South 32'58' East 552.6 feet; thence South 44°29' Last 406.0 feet to the East line of said Lot 24: Lots 14 and 25. ]n :Sec. 2, Tp. 7 5., R. 89 W. 6th P. ;d.: Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 19 and 20. In Sec's. 35 and 36, Tp. 6 S., U. 89 W. 6th P. ti.: That part of Lot 3 of said Sec. 36 and that part of Lots 11 and 26 of said Sec. 35, lying Southwesterly of the following described line: Beginning at a point on the South line of said Lot 3 whence the southwest corner of said Sec. 36 hears South 86'33' West 93.88 feet; thence North 2:"031 West )12.7 feet; thence North 46'47' West 545.5 feet; thence North 42'041 east 160.0 feet to the center of the Roaring fork River; thence North 51°4131 west 124.1 feet along the center of the hearing Fork River; thence North 45°57' 'oust 239.8 feet along the center of the Roaring fork River; - thence North 64°33' hest 507.8 feet along the center of the Roaring Fork River; thence }forth 84°521 West 169.6 feet along the Center or the Roaring Fork River to the West line of uaid Lot 26. In sec. 35, 'Ip.. 6 S., R. 89 W. 6th P. M.: That part of Lots 7, 8 and 28 lying :,ouch of the Roaring fork diver. Lots 12, 13, 14, 15 end 27. Together with any and all ditch and water rights belonging to, used upon or in connection with said lands, including, but not exclusively, an undivided two-fifths interest in and to the Robertson Ditch Nu. 47 and its water priorities Noe. 52 and 112 adjudicated thereto by decree o1' t.ne District Court of Garfield County, Colorado, for Water uistrict 3!i, and an undivided seven -ninths interest in and to the Second kal- i:, "°'n.ent of said Robertson Ditch and its water rights. i'itlivlUri: ,d:aaYs, that there is excepted out of this conveyance, and that the par- ties of t. first part herein hereby reserve unto themselves, their heirs and assigns 1.. • '«r, an undivided one-half interest in and to all oil and gas and minerals :tyro •utd being within or under the lands. herein conveyed, and an un- divided' one-. interest in and to the royalties thereof, and an undivided one-half interest in and to all oil rights, gas rights and mineral rights of the lands hereby conveyed, and the further right to go upon said lands and ex- plore, drill, mine, produce and market said oil, gas and minerals upon paying the owner o1' the surface C.or all damages occasioned by such operations. • 10/'.h:I III It ebb MI and siujnlnr the liertilitionvitts aid aleurleir. s thermion' b low:ma, or in ryni,e appertaining, awl l the r •s men n nod rove rvinna rem abater nod rentallidc v rents, sues and pronto thereof, and Hick Il the estate. right, t, title, inter sl, elan n mid .l r nand whatsoever 'of the raid pm l jos of the first part, either InP "--- ion to minify. f in and to the above bel gained prrans, s, with the hr rrdilmoeltr and eppultemneed. ` a' x4T:4a�'rae�..w�.wi_ elletoleenterearberriso.Tf! MW14tMWM4u, .IWMIr.a o- .RYFitta .. • 111JI t 1 `ANO 10 11019 t ha id1 •m t. aloore bargained and dent ileed,'.with .l he nppurtmtnnies, unto the I pat) ..Of the. wood -wire, th t Y r of there, their assigns, and the I`rir% and assigns Of h survivor for - u \ r 1 Litemild I rt les of the [rat part, for them.elves and/ 1515e ez cutory and adrmnistrntora, ih er,v. 1 grail, bargain led nacre to and will' the 'told portion of the nrrvnd pat the sur'ior or thein, their assigns riud the heirs mrd `laminas of suer, mutivnr, that at the time of the caseating and delivery of these p t enlci . they are well scald of the premises above conveyed, as Of gond, may, perfect, absolute and indv- fensible estate of in)ierilmree. is law, in foe simple, mrd ha es good right, full prover and lawful authority to grant, bargain, moll and convey the smite in manner not form aforesaid, mrd that the stone are free mod dear frau All former nod other grants, bargains, soles, liens, taxes, assessments and incumbnnw.en of whatever kind or nature, looter, - except a lease to Ed Koenig, which expires March 1, 19511 and the above bargained premises it, the quiet and peaceable possession of the mild parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all nod every person or persons lawfully elniminlr or to claim the wide or any port thereof, the said parties of the first part shalt and will WARRANT AND FOREVER DEFEND, IN WITNESS WHEREOF, the said parties of the first pmt have hereunto set their hand s unit seal s the day and year first above written. Signed, Sealed and Delivered in the Presence of ISE An junior) 668665 ISI:ALI also Imoim as Thompfi Phi;, p Rigney) STATE. OF COLORADO "t'Y rill �' 'County of Garfield ISA. TH ♦ tiRhe : . •A Instrument was acknowledged before me this 26 day of October 'A ND ii1t'\ 6y1JOHN C. ItIGNtY, JR. (also known as John C. Rignoy, junior) and PHIL T. IB38E88 plsd:knoln as Thomas Philip Higney) �'•'".J(lcadfo?tion expires July 30, 1953. :;,,,./....yava?,tihand and official seal. , %orrnoeurtdao e�����:. Neter/Tonne. .It by attars' tenon or Aron. here Insert name or names: If by panne real r In reprelenwtwe or Sendai capacity or momr>- afasciiiomieerer Igen, a person as the pinldenior ther statenlof 'sob carwnter:l. emaiing Red°tion:nbomnr of corporation. flim menet,neinn hitm r: r1' it m !tit I MM'f.MMtTTNY' fai ^C.411*at� rrrOt to ;;i,:►n, 1' v'nevrwn s,• .m a=moi A`' acn,a..M +ars `' ca 10Iii • r_iuP,; c V r DEPARTMENT OF THE ARMY -•U S r, AMY ENGINEER DISTRICT, SACP.AMENTO CORPS OF ENGINEERS 1325 ,,REET SACRAMENTO, CALIFORNIA 95814-2922 OCT 2 1 2005 REPLY TO ATTENTION OF •-•!i ; I' Y 3UILLj G & PLF;NNING October 20, 2005 Regulatory Branch (200575591) Mr. Richard Wheeler Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 Dear Mr. Wheeler: I am responding to your August 17, 2005, request for comments on the Westbank Ranch Subdivision, tailwater ditch improvements project. This project is located at Latitude 39° 28' 48.4", Longitude 107° 18' 2.41", Section 35, Township 6 South, Range 89 West, in Garfield County, Colorado. Your request is for a County issued Floodplain Special Use Permit. The Corps of Engineers' jurisdiction within the study area is under the authority of Section 404 of the Clean Water Act for the discharge of dredged or fill material into waters of the United States. Waters of the United States include, but are not limited to, rivers, perennial, ephemeral or intermittent streams, lakes, ponds, wetlands, vernal pools, marshes, wet meadows, and seeps. Project features that result in the discharge of dredged or fill material into waters of the United States will require Department of the Army authorization prior to starting work. To ascertain the extent of waters on the project site, the applicant should prepare a wetland delineation, in accordance with the "Minimum Standards for Acceptance of Preliminary Wetland Delineations", under "Jurisdiction" on our website at the address below, and submit it to this office for verification. A list of consultants that prepare wetland delineations and permit application documents is also available on our website at the same location. The range of alternatives considered for this project should include alternatives that avoid impacts to wetlands or other waters of the United States. Every effort should be made to avoid project features which require the discharge of dredged or fill material into waters of the United States. In the event it can be clearly demonstrated there are no practicable alternatives to filling waters of the United States, mitigation plans should be developed to compensate for the unavoidable losses resulting from project implementation. Please refer to identification number 200575591 in correspondence concerning this project. If you have any questions, please contact me at the address below, email Mark.A.Gilfillan@usace.army.mil, or telephone 970-243-1199, extension 15. You may also use our website: www.spk.usace. army.mil/regulatory.html. Sincerely, 1))64,! 3ke Mark Gilfill�l Biologist, Colorado/Gunnison Basin Regulatory Office 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 Copy furnished: Mr. Mark Bean, Garfield County, 108 8th Street, Suite 201, Glenwood Springs, Colorado 81601 S 'EAMate_1, tea.. yihCF"i le ti` �„ sM ��r, OUTF SITE AA . ;_ E'er OODFRINGE 00--YRFLOODPLAIN•":;i. 00 -YR FLOODWAY / DGE OF RIVER , CHANNEL NEW CHANNE 4 olq H.',..6 A _ 1.1141 — ;- =_ 00 -YR FLOOD EL. 'OSS SECTION i. 2. 3. THE CORRESPOND FLOODPLAIN AND THE EXISTING FLOOD FLOODWAY 100 FEMA FLOODPLAIN INFORMATION FIRM PLAIN ELEVATIONS ARE BASED ON THE 1929 DATUM. THE COUNTOUR ELEVATIONS ON THIS MAP TO THE CORRECT VERTICAL DATUM USED IN THE FEMA FLOODPLAIN STUDY AND MAPPING. INFORMATION DELINEATED ON THIS MAP BY SOPRIS ENGINEERING, LLC. IS BASED ON THE FEMA MAPPING, COMUNNITY-PANEL NUMBER; 080205 1465 B, DATED 1/3/86. -YEAR BASE FLOOD ELEVATION AT THE EXISTING HOUSE IS BASED ON INTERPOLATION BETWEEN THE FLOOD ELEVATION CROSS SECTION LINES DELINEATED ON THE FEMA MAPPING. .