HomeMy WebLinkAbout2.0 PC Staff Report 04.08.1998I.
tr.
PC 4t8t98
PROJECT INFORMATION AND STAFF COMMENTS
REOUEST:
APPLICANT:
ENGINEER:
LOCATION:
SITE DATA:
WATER:
SEWER:
ACCESS:
EXISTING ZONING:
ADJACENT ZONING:
Special Use Permit for a spring water bottling
facility
Lillian Reed, et al
Jerome Gamba & Associates, Inc.
A tract of land located in Section l, T5S,
R91W ofthe 6th P.M.; located approximately
five (5) miles north ofNew Castle.
35 acres +/-
Spring
Engineered Individual Sewage Disposal
System; evaporation pond
County Road 243 ; driveway
A/R/RD
North; West: A/R/RD
South;East: O/S
The subject tract is located in District C - Rural Areas/IVlinor Environmental Constraints asdesignated by the Garfield County Comprehensive Plan's Management Districts Map ( l gg l;1984 Plans).
A' SiIe Descriptiorl: The subject parcel is 35 acres in size, located approximately five (5)
miles (straight line distance) north of New Castle, on the east;ide of County Road243' Main Elk Creek flows through the area, creating the easterly boundary of theparcel. The spring is located at the base of a truncated alluvial fan, west of the Creek.
B.Adjacent Land Uses: Land uses adjacent to and in the vicinity of the subject parcel
are mixed, including agricultural, residential and recreational. The Bureau of Land
Management and the Forest Service administer sizeable tracts in the vicinity. See
vicinity maps, pages
C. Proposal. The applicants are proposing the construction and operation of a spring
water bottling facility that would occupy portions of the ,ouihern corner of the
subject parcel. The plant would be enclosed within a40'X 50'(2000 s.f) metal
structure and is proposed to operate between g:00 a.m. and 4:00 p.m., Monday thru
Friday. A spring collection box and pump station would be placld at the source of
the spring, at the base of the truncated slope, which would purnp water uphill to the
bottling facility The applicants propose bottling up to 2000 gallons of watlr per day,
packaged within 5047,1.5 liter containers. Three times daily, a pick-up truck with
gooseneck trailer would transport the product to a warehouse located in or near Newcastle" Shipping weight of the packaged product is approximately 3 tons. See
application narrative, pages
D' HistorL This proposal was to be considered by the Planning Commission in June,
1997 . Due to concerns for spring development, transportation of the product on
County Roads, structural and aesthetic considerations, and neighbors concerns, the
application was removed from the agenda. The application has since been amended,
and is back for consideration.
MAJOR ISSUES AND CONCERNS
A. Zontng. The subject parcel is zoned A/R/RD, which allows a "Site for extraction,
processing, storage or material handling of natural resources. . ." upon the approval
and issuance of a special use permit. The Zoning Resolution contains the foilowing
definition of extraction'. "to draw out orforth; hence to derive as if by drawing out;
removal of physrcal matter in a solid, liquid or gaseous state from its naturally
occurring location; the tnitial step in utilization o/ a natural resource,. examplis
include petroleum qnd naturql gas wells, shale and coal mines, grwel pits, timber
cutting."
In sta"ffs interpretation, the above definition and examples contemplate more-intensive
land uses than what is being proposed within this application. The interpretation is
still valid and may be used; however, the impact of the proposal does not, in this
reviewer's opinion, constitute an industrial operation. Section 5.03.07 requires the
following elements be considered for industrial operations.
l. Existing lawful use of water through depletion or pollution of surface run-off,
stream flow or ground water.
Diversions from the spring are only proposed when the spring is in priority. If a water
call is placed, diversions from the spring would be curtailed until the cali is canceled.
m.
As long as the proposed evaporation pond is lined with an adequate material, there
should be no pollution to groundwater.
2. Impacts on adjacent landfrom the generation of vapor, dust, smoke, noise, glare,
or vibration or other emanqtions.
All bottling operations would take place within a structure and any vibration or other
emanation resulting from the operation is expected to be slight or nonexistent.
3. Impacts on wildlife and domestic animals through the creation of hazardous
altractions, alteration of existing native vegetation, bloct<ade of migration routes, use
of patterns or other distributions.
The footprint ofthe facility, including parking, would be no greater than 3000 square
feet. The evaporation pond, if built, would increase this footprint by an additional
4000 square feet, which would be completely fenced. There should be no negative
effect to wildlife as this coverage amounts to 0.005% of the 35 acre tract.
4. ffirmatively show the impacts of truck and automobile trffic to andfrom such
uses and their impacts to areos in the County.
The applicants maintain that the use is no more obtrusive than a single family dwelling
or an agricultural use, which is supported by the applicant's engineer. Transportation
ofthe product is proposed to be during "midday hours," typically a time when there
is little traffic on the County Road.
5. That sufficient distqnces shall separate such use from abutting property which
might otherwise be damaged by operations of the proposed use(s).
The nearest residence is approximately 700 feet east of the bottling facility's proposed
location. There should be no odor or noise generated beyond the normal background
emanations or those that would be associated with a customary agricultural use.
6. Mitigation meafltres proposedfor all of the foregoing impacts identified and
for the standards identified in Section 5.03.08 of this Resolution (Industrial
P e rfor m anc e St ondar ds) .
The applicants propose to landscape the facility, which should diminish visual impacts;
animals would be fenced out of the facility
Section 5.03 ofthe ZorungResolution sets forth the requirements that all special uses
must meet, to wit:
l] Utilities adequate to provide water and sqnitation service based on accepted
engineering stqndards and approved by the Environmental Health Officer shall
either be in place or sholl be constructed in conjunctionwith the proposed use;
Water Supply. The applicants propose to divert water from the spring only when
their water right is in priority. However, the applicants have been granted a decree
for surface water rights, storage water rights and a water augmentation plan for a
claim of4.l7 gallons per minute (gpm), or 6005 gallons per day (gpd) See Ruling,
Case No. 96CW277, pages . For the plant to divert out of priority, the
augmentation pond would be required to be built. with water releases compensating
for water diverted from the spring.
The water that would actually be bottled would amount to 2000 gpd, or Il3 the
amount of water subject to the decree. Water utilized for sanitizing the plant is
estimated to be approximately 100 gpd, and water utilized for lavatory purposes is
estimated at 140 gpd. All water would be derived from the spring.
Staffhas visited the location and, although there was no gauging weir installed at or
near the source of the spring, the spring was flowing well in excess of 4.17 gpm.
Staffdoes not know how the flow from the spring is affected by seasonal variaiions
in groundwater hydraulics.
Wastewater Treatment: The method of wastewater treatment would be the use of an
engineered individual sewage disposal system (ISDS), for the bathrooms contained
in the facility and, conceptually, for the water used to sanitize the bottling equipment
and facility. If sanitizing water cannot be entirely disposed of through th; ISD
systenL then a wastewater evaporation pond would be utilized for disposal of water
used for sanitizing the plant. A preliminary design for the pond has been engineered
with a 50% safety factor of 150 gallons per day, seven days per week. The pond
would be lined with bentonite to prevent leakage and would be fenced to prevent
humans and animals from entering.
2l Street improvements adequate to accommodate trffic volume generated by the
proposed use and to provide safe, convenient access to the use shall either be rn
place or shall be constructed in conjunctionwith the proposed use;
Access to the site is from County Road 243, and an existing, unpaved driveway. The
applicants propose that, three times daily, a one ton pick-up truck with a gooseneck
trailer would transport the packaged product to a warehouse in or near New Castle.
Staff has verbally discussed this arrangement with the Road and Bridge Supervisor
who suggests that the more axles and tires the trailer has, the less impaci there would
be to the County Road. Additionally, there is concern for the roadway edge and
shoulder that could be damaged by the expected off-track of the rig as ii enters and
exits the roadway. The applicant proposes to reconstruct the driveway entrance and
intersection to prevent breakdown of the shoulder. Staffhas visited the location and
sight distances along the county Road at this intersection are good.
3) Design of the proposed use is organized to minimize impact on andfrom adjacent
uses of land through installation of screen fences or landscape materials on the
periphery of the lot qnd by location of intensively utilized areqs, access points,
lighting and signs in such a monner as to protect established neighbirhood
character;
The established character of the surrounding area is agricultural and rural residential.
In an effort to maintain this character, the applicants are proposing a bottling plant
structure that would resemble a barn. The contemplated structure would be 40' x 50'
and placed on the bench above the location of the spring, outside of the 1Oo-year
floodplain. Staff suggests that to mitigate adverse visual effects, the structurl be
oriented with its long axis perpendicular to the nearest residential structure, thus
presenting the shortest side toward the residential structure. The applicants propose
to landscape the site to mitigate visual impacts.
Water Quality Requirements. The engineering report contains an analysis of the
source ofthe water flowing from the spring. Based on the testing conducted, Gamba
concludes that the spring is not under direct influence of surface water (Main Elk
Creek). Thus, a groundwater supply would likely not require substantial regulation
by the State health department, which could include disinfection andlor filtration.
(Staffhas tried to confirm State requirements with Colorado Consumer protection,
however, has been unable to do so.) A water quality analysis has been submitted,
indicating the tested water is within allowances for the analyzed, constituents See
report, page
C. Engineering Concerns: This proposal has created opposition from adjacent land-
owners, resulting in a variety of negative opinions presented for consideration. One
of these opinions has been submitted by Chris Manera of Zancanella & Associates,
stating concerns for potentially diminished water supply to senior water rights,
construction ofthe spring box and hydraulic gradient, lack of completion of the water
augmentation plan and water quality. See reports, pages
D. Legal Opinion in Ooposition of the Proposal: As discussed earlier, the applicants
have a decree that is not the senior water right on the spring. Information submitted
by the objector's attorney, Sherry Caloia, suggests that the senior water right owner
has a claim to 2.75 cfs, or 1234 gpm. In fact, the information purported to
demonstrate this claim only decrees 1.0 cfs, or 449 gpm. The most receni letter states
that this use may only be considered if the property is rezoned to Commercial
General, which would allow a plant for processing natural resources into beverages.
Thezorungresolution contains no definition of "beverage," however, webster,, Nry
collegiate Dictionary contains the following guidance.. o liquid for drinking;
especially one that is not water. Thus, it is clear that this application is being
considered in the correct manner, as provided by the underlying zoning. See
correspondence, pages
E. Comments Received: To date, the Planning Department has received the following
comments:
States that since the applicants
have addressed previous concerns, the Hubbells withdraw any previous objections.
B.
See letter, page
States concern
Main Elk Creek and lack of water in portions of the creek
letter, page _--
States concern for .,commercial
operations" within a residential and agricultural area; explains the use of heavy
equipment on their property; notes concerns for traffic and the County Road. See
Ietter, page --
Letter from Daniel & Tamara Moss: States concerns for traffic, wildlife, and waterrights. See letter. page _.
Opposes the project due to concerns for
water rights, decreased property values, physical water supply and traffic. See letter,
pages
States concerns related to traffic,
financial viability of the project and potential increased impact on the rural lifestyle.
See letter, page
Various other letters were submitted when this proposal was initially scheduled for
Plaruring Commission consideration. Staffhur not summarized these comments, buthas attached these letters and the applicant's responses, for review. See
correspondence, pages
F' StaffComments: This application is somewhat unique in that the proposed land use,if operated correctly, would have very little impact o, ,u..ounding land owners andland uses' In staffs opinion, the land .rr" do". not constitute a true industrial
operation, for the very reason that the contemplated impact is not consistent with
impacts caused by the extractive industry, i.e , mining and oil and gas industries, for
which the Zorung Resolution sets forth specific p"rforrnun.e standards.
In fact, one could argue that, as a use-by-right, a "retail establishment for sale ofgoods processed from raw materials produced on the lot" could be operated by the
applicants without any permitting requirement. If one wants to take the industrial
operations argument to the extreme. "extraction" of natural resources, as defined in
the Zoning Resolution, would require a special use permit for the drilling of ahousehold water well.
In terms of impacts, staffsupports a landowners desire and right to extract a living or
a profit from his land, so long as the impacts are mitigated to the point of protecting
adjacent land uses and values. The relative impact of this proposal. ii operated
correctly, would_have significantly less impact than if the landowner was proposing
a residential subdivision.
SUGGESTED FINDINGS
1' That proper publication and public notice was provided as required by law for the
hearing before the planning Commission.
for over-adjudication of
during the summer. See
ry.
2.
J.
That the hearing before the Planning Commission was extensive and complete, that
all pertinent facts, matters and issues were discussed within the Special Use permit
application and the public hearing.
That the application is in compliance with the Garfield County ZorungResolution of
1978, as amended.
4. For the above stated reasons, the proposed land use is in the best interest of the
health, safety, morals, convenience, order, prosperity and welfare of the citizens of
Garfield County.
RECOMMENDATION
Based on this analysis, staffrecommends APPROVAL of the application, for the proposed
spring water bottling facility, pursuant to the following conditions:
1. That all representations of the applicant, either within the application or stated at the
hearing before the Planning Commission, shall be considered conditions of approval.
2. That the operator ofthe facility shall only divert water from the spring consistent with
the findings and provisions of the court approved water uug-"ntution plan, Case
Number 96CW277
"
Ifthe augmentation pond is not constructed and operational, the operator shall only
divert water from the spring when the spring water right is in priority.
That, under this Special Use Permit, the operator shall not bottle more than 2000
gallons ofwater per day. Any expansion of the facility or the bottling operation shall
be considered under a separate Special Use permit application.
The operator shall not transport more than 3 tons of packaged product, per trip and
shall utilize a trailer equipped with at least two (2) axles, and four (a) tiies peiaxle.
The eastem side ofthe bottling facility and appurtenant structures, including the water
evaporation pond, shall be landscaped with appropriate screening vegetation.
Minimum requirements are coniferous trees, with at least three (3finch caliper,
spaced on 50 foot centers.
The driveway intersection with County Road 243 shall be reconstructed and
maintained to ensure the integrity of the pavement edge and shoulder.
All spring construction shall be consistent with standards set forth by Gamba &
Associates, as contained within the application, and shall meet all applicable State of
Colorado regulations.
3.
6.
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Garfield County Planning Department
109 8th Street
Glenwood Springs, Colorado 81601
Re: Special use permit for bottling facility.
Attn: Eric McCafferty:
February 16,1998
Page I
We are requesting a special use permit to build and operate a water bottling facility, in
section 1,T5S,R9lW,6PM which is located on Main Elk Creek. Please refer to attached
drawings prepared by Gamba and Associates.
The building will be a 40' x 50' metal structure designed and engineered to meet state and
local building codes. We will landscape the site with trees in order to block view of
building from neighbors and to insure that the location will fit aesthetically with
surrounding area. We will install engineered State approved spring box, leach field andgray water evaporation pond. Please refer to attached drawings prepared by Gamba and
Associates.
our hours of operation will be from g:00 A.M. to 4:00 p.M. five days a week. we will
have one, one ton pickup truck with a gooseneck trailer entering and leaving the site three
times a day, delivering the bottled water to distribution warehouie in New C-astle. The
shipping weight will be approximately 3 tons. There will be two employees at the facilityto bottle and load the water. There will be two employee vehicles that witt access the site
daily.
We will bottle'single- service'bottles only. The single service containers and caps will be
shipped to the plant in sealed sanitary containers, ..udy to bottle without any other
sanitation necessary .This will limit the gray water to the sanitation of bottling equipment
and plant of no more than 100 gal a day. The source of this information is Clarkqlsoq
plant inspector with Colorado Consumer Protection. All bouling will be done under strict
State approved sanitary conditions. Please see attached regulations from the Colorado
Department ofHealth and the Food And Drug Administraiion.
Access will be existing drive way and fork offat the top to the plant see attached
drawings. AII other specifications and questions shouldbe addressed in the attached
documents from Gamba and Associates.
It is our opinion that the bottling facility will be no more obtrusive than a horse or hay
barn, therefore we believe that our facility will be compatible with the surrounding
agricultural setting.
o
page 2
The impact of our pickup and trailer using the county road will not create a traffic
problem. This particular county road is already used daily by gravel trucks, Forest Service
vehicles, State Game and Fish trucks, LIPS trucks, logging trucks, recreational vehicles
such as snowmobilers with trailers, hunters pulling t.ulf".i campers, motor homes, natural
gas trucks, cement trucks, various farm equipment, and other types of vehicles belongingto local residents. Gven the above we do not believe that one more vehicle will cause a
traffic problem for the residences who presently live on Main Elk Creek. We believe that
our plan is compatible with the area and it is not our intent to cause a negative impact to
this beautiful area and it certainly isn't our intent to cause any undue stress on our
neighbors.
We are local residents in this area and our family has lived and engaged in agricultural and
commercial business on Main Elk Creek for over 40 years. We feel that any lction takento deni our permits would be discriminatory to our needs, and force us to act on the use
by right law.
If we are not successful in getting a Special Use Permit we may have to resort to raising
hogs and or sheep. We know that this scenario would be less appealing to the neighbori
and the environment. A much worse scenario, would to be forced into a position whereby
we had to subdivide and sell our property thus influxing more people to our beautiful
valley. However, we would much rather maintain the relative peaceful atmosphere whichpresently exists in our area. We feel the bottling plant will be better for all concerned
rather than having to consider these other options. We want to do the right thing toprotect what open space we have left and the environment. We sincerely-hope tilat the
county will approve our Special use permit application as soon as possible.
Sincerely,
7--;"-{u['
Roy R..d --
Po Box 284
New Castle, Co 81647
We have in fact looked at all the concerns of the neighbors and the Road and BridgeDepartment of Garfield County. Even though there is aiready considerable semi trucktraffic using the county road, we have at ou..*panre, changed our plan to eliminateusing semis in favor of a smaller delivery vehicle with our distribution warehouse locatednear New castle and | 70. This should .ii*inut. all concerns since our delivery truck willbe.no blsser than a pickup with a horsetrailer, this will also make our facility smaller thanoriginally planed as we will not need to store our bottles at the plant site.
Sincerely
Roy Reed
Garfield County Planning Department
109 8th Street
February 25,1998
Glenwood Springs, Colorado 81601
Re: Documents from Sherry A. caloia andzancanella and Associates.
Attention: Eric McCafferty, planning Commission Members,
I am Roy Reed requesting speciar use permit for bottling prant.
Water Rights
Fact #l The measuring device to Brannons ditch has never been properly installed or
maintained, therefore, we have to wonder how they measure the amLunt of water they are
using. Please refer to submitted video. As you can see from the video, the ditch bank will
be hard pressed to survive another high water run-off without major reconstruction
costing several thousand dollars. If the creek destroys the ditch orthe flow of the spring
is altered by beaver, Brannon still has a natural diveriion point from Main Elk Creek to
supply his ditch. As the Main Elk Creek has developed a natural point of diversion to
John Roletto ditch #1.
Fact #2 Information submitted by Brannons attorney Sherry Caloia and engineer Tom
Zancanella states that Brannon has the senior water rights of aclaim to 2.75.]f., o,
l234gpm.In fact, the information in his water decree, to demonstrate this claim only
decrees 1.0 cfs, or 449 gpm.
Fact #3 The amount of water that we have the right to use of 6005 gallons per day is apittance compared to the amount coming out of the spring More than OOOO gal of water
a day flows from the spring directly back into Main Elk Cieek. This is causedly the
diversions made by the beaver dams, causing more water to divert right back to vtain Btt
Creek than we will use, please see video. As you can see from the video, there is more
water coming out of the spring than the Roletto ditch can carry, forcing even more water
to flow directly back to Main Elk Creek before the water reaches Brannons inadequately
installed measuring weir. This makes us believe that the amount of water we have the
right to use will not affect Brannon in any manner.
We would also like to mention that in Brannons field, just south of our property line,
there is water standing in it through out the irrigation season, the ground is wetind soggy
even when there is no water running in Roletto ditch #1. This makes the land nearly
uncultivatable and all that grows in this field is weeds and grass. We would also like topoint out that Main Elk Creek's high water has wiped out a major portion ofthis field. If
something is not done about the runoffcoupled with the land that has not been cultivated
in years, there will be no field to irrigate at all. We feel that if Brannon valued his water, as
much as his lawyer would like to make us believe, that he would be more responsible in
the handling of his land, water and the maintenance of his ditch. As it is, he has to much
unmanageable water in this area and it is ruining his field. His main concern should be
mother nature and the wildlife not us.
In the event of a call on the stream by senior water rights, diversion from the spring shall
be stopped until the call is canceled. During this time, boitling will continue from stored
water at the plant. If calls on the stream become frequent enough to result in unacceptableplant shut downs, the augmentation pond shall be engineered and constructed.
We know the cost of building a pond is expensive. We submit to Brannon that we would
help with the expense of constructing a diversion point from Main Elk Creek. Since all
Y?t9. rights actually come from the main flow ofMain Elk, it shouldn't matter. By doingthis he could solve several problems such as his eroding ditch, wildlife and field erosionproblems. This would also allow him to have complete ease of mind in maintaining his
adjudicated water.ights and he would no longer have to worry about the beavers building
several separate dams in the over ll4 mlle of the spring channel that diverts the springwater back to Main Elk Creek, thus deleting ou..ip.nres of building a pond, saving hisfield, and ditch bank. This would also eliminate the impact on the witame by not having todisturb the beaver dams to keep the ditch flowing, andit would also allow an undisturbedrefuge for other wildlife in the area.
Fact#4 New Castle's water supply comes from East Elk
thus eliminating any need for winter augmentation to New
Re: Water Quality
Creek not Main Elk Creek,
Castle.
Please refer to our submitted water test done by Grand Junction Laboratories and thespring box application done by Gamba and Associates.
Re: Agricultural or Industrial uses Slecial Irse permit Rrrles
We feel that our bottling operation would cause less water, air and noise pollution than ahog farming operation. This is because all of the bottling equipment is driven by electric
motors and will be inside an insulated building that will muin. tn" insignificant"amount of
sound being generated. The only other noise will be from automobiles that already existsin the area, and there will be no smell or contamination of the land or water due to animal
waste.
Re: Vibration
There will be very little vibration if any. Certainly no more than the areas agricultural andcommercial equipment already generate.
Re: Air contamination
The air will be affected less than"a single family residence produces heating their home, aswe will use solar panels and nat-tiral gas to heat our z,ooo sq ft facility
Re: Water Pollution
The sanitizing agent we will use is chlorine, which is used in all public drinking water and
used by single family residences to clean their laundry. Gven this fact, if it is i"ndeed
necessary for the safety of the environment, we will develop a gray water evaporationpond to eliminate any chance of contamination to the waterways and the environment.
We will also have an approved and engineered leach system foithe two employee's wastedisposal. We are also open to suggestions for other sanitizing agents that wouid be saferfor the environment.
r-]L-/
Re: Traffic
Our operation will not add to the traffic any more than a single family residence or any
agricultural business that already exists on Main Elk Creek, as Rick and myself have
traveled the road daily in our pickup trucks from New Castle to work ourranch for the
last 20 years. Our truck will be less obtrusive than the significant amount of commercial
truck traffic already using this Ct Rd. Ours will be a 1 ton pickup with a trailer and will
travel during the hours of lowest traffic use on this road *fri"f, will be the middav hours
when most people will be at work.
Re: Flood Plain
Please see flood plain analysis sheet #4 anddocuments prepared by Gamba and
Associates.
Re: Wildlife
Our spring box is State approved and engineered to eliminate all surface contamination,
please see attached drawing #3. The design will not restrict the flow of the water,
therefore, this will not effect Brannon, the beaver, or any other wildlife in said spring
channel. ln fact we would like to keep our land and the wildlife in its natural staie without
Brannons intrusions on the beaver, in this channel, destroying their ponds that is indeed
refuge for other wildlife.
We feel that all of Sherry Caloia and Tom Zancanella's unsupported statements in their
documents are moot. We believe that we can be an asset to Brannon and the wildlife if
indeed we are allowed to.
9'"""1 ' ('A-Y-t ,L-'"f\Roy6;;- \
vl
)
DISTRICT COURT, WATER DMSTON NO. 5, STATE OF COLORADO
Case No. 96CW277
.:,.;:2.:
RULING OF RETEREE
rN THE MATTER OF THE APPLTCATTON FOR SURFACE WArER RrcHTS, STORAGE
OF:
DARREL L. REED AND LILLIAN REED
TRTBUTARY I$VOLVED: III,AIN EI,K CREEK,
TRIBUTARY TO THE COLORADO RIVER
rN GARFTELD COUNTY, COLORADO
The above ent,itled Application was filed in october of Lgg6,and was referred to the undersi-gned as Water Referee for WaterDivision No. s, state of colorado, by the water Judge of saidcourt, in ascordance with Art.icle gi of chapter 37-, coloradoRevised Statutes L973, known as The Water nighf Determination andAdninistration Act of L969.
and the undersigmed.Referee having made such investigations asare necessary to determine whether or not the statements in theApplication are true and having become fuIIy advised with r.=p""tto ttre. subject matter of the Application does hereby malce thefollowing determination and Ruling as the Referee in tiis mattei,to-wit:
l-. The statements in the Application are true.
2. Name, address and telephone number of Appricants:
Darre1 L. Reed and Lillian Reedc/o Roy ReedP.O. Box 294
New Castle, CO 8L647
( e70 ) 984-2615
Billie c. BurchfieldAttorney for Applicants
8O2 Grand Avenue, Suite 305Glenwood Springs, CO BL6OL(e7o) 94s-88L8
3' The Applicant reguests that the following clairns be awarded:
. /e '
WATER DIVISION 5, c;E NO. g6CW277
PAGE 2
CI,AIU NO. ].
SI'RTACE WATER RTGHT
4. Name of Structure: Reed Spring
5. Legal description of point of diversion:
Reed spring is located in section J-,,To_wnship 5 southr. Range 9J-west of tl. 6th-p.M., at a point iso feet from the northsection line and LBO feet flon the west section line of saidSection L.
6. Source:
The source of the water is from a spring tributary toMain Elk creek; tributary t; irr"-c"rorado R.i.rer.
7. Date of initiation of appropriation: July 26, r.996.
How appropriation was initiated: Field investigation withprofessional engineer, analytical water analysis and an intentto appropriate.
Dated water applied to beneficial use: N,/A
8. Amount claimed: 4.f.7 gl_llons per minute (gpn)or 0.009 c.f.s, conditionlf'
9. use: commercial, domestic, hydro-electric power greneration andfish culture. Applicai,t= inilna to bottle water fordomestic consumplion and raise fish
10. Names and address of owner of land on which structure is
iffi;"a: Applicants 41r-o county noaa 243, r.rew-castre, co
CIAIU NO. 2
SI}PJFACE WAISER RiGHT
Ll-' Name of structure: clinetop Ditch, Reed Enlargement
1-2. Legal description of point of diversion:
The headgate is rocated- on the north bank of Middre Erk creekat a point from which the usl.Mllns-i+ bears south 41. z't East236i,-9 feet. The Divi.sion {ngi.nee-r taburates the point ofdiversion as leing in the swtrwiirrT of secti on 26, Township aSouth, Range gL West of the 6th p-.M.
Page 2 Case No. T6CWZZZ Reed
D t7o
wArER DrVrSroN,'5, Co NO. g6evt277
PAGE 3 -13. source: The source of the water is from Main Erk creek,tributary to the Colorado River.
L4.
15.
16.
L7.
l-8.
Date of initiatlon of appropriation:' July 26, r.996.
How-appropriation was lnitlated: Fierd investigation withprofessional engineer and an intent to appropriit".
Date water applled to beneficial use: N,/A
Amount claimed: 0.5 c. f . s. , conditj-onal
use: storage for Reed pond, commerciar, fish curture, hydro-electric power generation exchange and augmentation.
Names and addreEs of owner of land on which structure is1g:?!"a: Appllcants 4L1o County Road 243, New Castle, Co81,647 .
CI,LIU NO. 3
STORAGE WArER, RTGHT
Name of Structure: Reed pond.
storage:
located in Section 1, Township6th P.M., at a point tOO feet100 feet from the r+est section
source: The aource of the water to filr said pond ls viaclinetop Ditch from Main EIk creek; ;;i;"tary to the cororadoRiver.
Date of approprlatlon: July 26,1996.
How appropriation was initiated: Field investigation withprofessicnal engineer and an intent, to--appropriat,e.
Date water applied to beneficial use: N,/A
Amount craftned: 5.0 Acre Feet (AF), conditionar with theright to fiII and refill in prioriiy.--'
use: commercial, donestic, {i:l curture, hydro-erectric powergeneration and augmentation
19.
20.
2t.
22.
23.
24.
Legal description of niu." of
The center of said pond lwif f Ue5 South, Range 9L Wegt of thefrom the north sectlon line andIine of said Section 1.
Page 3 Case No. }6CW2Z7 Reed
o lal .
wArER DrvrsroN s , tu *o. g6cw217
PAGE 4
25. Surface area of high water line: 0.5 acre
Maximum height of dam in feet: 15
Length of dam in feet: 250
26. Total capacity of pond in acre feet: 5 AFActj-ve storage: 5 AF Dead storage: O
27. Name and address of owner of land on which structure islocated: Applicant 4LL0 County Road 243, New Castle, CO
81-647
CIAIIIT NO. 4
PIAN FOR AUGI{ENTATION
2a. Applicantsr Engineer has determined that the net evaporationlosses from the surface of said pond is expected to be 37.23inches per year. The evaporation from the surface of the 0.5surface acre Reed Pond is calculated to be as follows:
Month
January
February
MarchApril
May
JuneJuIy
August
September
October
November
December
TotaI
Net Evaporation( Acre Feet)
L.56 AF
0.03
0.04
0.08
0. L4
o. 20
0. 25
o. 29
o.22o.t6
0. L0
0.05
0.03
fnches
o.72
0.95
r,.9L
3.34
4.77
5.96
6.20
5.25
3.82
2.39
1.19
0.72
37.22
The monthly consumptive use associated with the water bottlingoperation is calculated to be 2.24 acre feet per year (0.187
AFlmonth at the rate of 4.17 gpn) based on a daily bottling of 2000gallons. The depletion to the stream will be 1008.
SOURCE OF AUGUENTATION WATER
Reed Pond
Page 4 Case No. 96CW277 Reed
t) l5-
*ATER DrvrsroN 5, "} *o. g6cw27i
PAGE 5
At such times as there is a valid trcalltt on Main EIk Creek orthe colorado River.by holders of senior vested water rj-ghts,releases of water will be made from Reed pond into the dralnagechannel of Reed spring to compensate for the depletions caused 6ythe evaporation fron the surface of Reed pond and the waterbottling operation. Diversions into Reed pond wilI be subject t;curtailment when there is a I'ca1lrron Main E1k creek due to thecolorado water conservation Boardrs appropriation for a minirnumstream flow
The Ref er-ee, having exarnined the inf ormation subrnitted by theApplicant, ang ha,ving completed the investigations necessary tomake a determination in this matter, does therefore conclude thatthe claims in the above entitled Application should be granted asShOWN AbOVE, SUBJECT, HOWEVER TO EI,T, EARLTER PRIORITY RIGHTS OFoTHERS and to
- the . in!,egration and taburation by the DivisionEngineer of such priorities in accordance with Lavi.
. Application for a Finding of Reasonable Diligence shal1 befiled in the same month as the decree herein is entLrea every sixyears after !h" entry of the decree herein so rong as Applicantdesires to maintain the conditional water rights herJin awarded, oruntil a determination has been made that such conditio"ui iidni=are made absorute by reason of the compretion of theappropriations, or are otherwise disposed of.
The Plan for Augrmentation requested wilI not injuriouslyaffect the owners of or persons entittea to use water under avested water right or a decreed conditional water right, and theplan for augrmentation should be approved in accordancJwitn c.R.s.37-e2-30s(3). ":
Pursuant to c.R-s. 37-92-305(8), The state Engineer and the
PiY+=ion Engineer rnay Iawfully be iequiied under the terms of thisRuIing to curtail ou.t-of-priority ciivlrsions from Appticantrs ditchand pond at 3ny time when the consumptive use l'ssociated withApplicant's diversions exceed the net ainount. of replacement wateravailable under this plan for augrmentation.
Applicants shalI deverop a mcnthly accounting formsatisfactory to the Division nigineer and shall keep a monthlyaccounting of diversions and aepldtions as required by the DivisionEngineer.
rt is according^Iy ORDERED that this Ruling shall be filed withthe Water Clerk subject to Judicial review.
rt is further ORDERED that a copy of this Ruring shaIl befiled with the appropriate oivision Engineer ""a the stateEngineer.
Page 5 Case No. 96CW277 Reed
e lL-
WATEI{ DIVISIOii 5 , EASE NO. 96CW21 I
PAGE O
Dated
CopY of th€ foroq
Dated
'.!,r,;':i:x###::,", r,
State Engi noer-4Date T?:T
,
7-7
Water Referee
Water Division No. 5
State of Colorado
No protest was filed in this matter, and accordingly the
foregoinj Ruling is confirmed and approved, and is made the
Juag;ent and Oe6ree of this Court; provided however, that the
appiovat of this PLan for Augimentalion sha1l be subject to
illonsiaeration by the Water JudgL on the.question of injury to the
""=t"a rights of -others during any hearing commencing 1n the two
calendar years succeeding tha y6ar in which this decision is
rENdETEd. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OF
REASONABLE DILIGENCE SHALL BE I'.IANCU TOOT
inaer*Date
Page 6 Case No. 96CW277
OITO
J.HN ". CrnRT & co.
JUNIIION LABORAT!RIIS
AVENUE ' PHONE 242-7618 '
6
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435 NORTH
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P.O. Box 19OB
10O5 Cooper Ave-
Glenwood Springs,
co 81602
(s70) 945-s7O0
(97O) 945-1253 Fax
Enorrggnt f{6 Cof{ gttLrAtrtg
April 2, 1998
Mr. Eric McCafferty
Garfield County Planning Department
109 - 8th Street, Suite 303
Glenwood Springs, CO 81601
APR O2 li!$
GAF*r:ie,*U ,Oou:iy
Via Hand Delivery
RE: Reed special Use permit Application - water Botfling plant
Dear Eric:
Zancanella & Associates, lnc. has been reqr.rested to investigate potential impacts from theproposed water bottling operations to the irrigation water rig-nts uiitizeO by James Brannanwho neighbors the. Reed property to the south. We have also prepared some generalcomments related to water quality issues surrounding the project. irrir t"tt"r should beconsidered supplemental to our previous review.
The Brannan property currently utilizes irrigation water rights in the John Roletto Ditch No.1 to flood irrigate pasture grass crops along the valley floor of Main Elk Creek. The waterrights total 2'75 9f.9 1nd are split 3mong two priorities which were both supplementaladjudications on Elk Creek. The ditch rights are somewhat unique for a irrigation waterright of this magnitude in that their decreed source of supply is providedentirely by a springw!!ch discharges adjacent to Elk Creek. This is the same spring which is proposed to beutilized in the Reed application. The advantage of having a largJspring fed irrigation waterright is not having to rely on the construttion and haint6nance -of cosly diversionstructures and headgates within the main stream channel. The disadvantage of theserights is that the physical flow to the ditch is supported entirely by the physical productionrate of the spring and can not be supplementeo by creek diversions.
Both Warren Wailes, the current irrigator of the Brannan property, and historic diversionrecords of the ditch have indicated thlt a maiority of each year the spring flows are tessthan the decreed flow amounts for the John notettb Ditch No. 1 rights. ln order to preventinjury to the John Roletto Ditch No. 1 water rights, we believe it iJ imperative that; (1) Noconstruction activities be compteted which gouto physically reduce tne spring productionrate; (2) Any diversions from the spring under the RLed iunior watei ,ight ,t',ortd be fulyaugmented to the spring during periods of administrative water right .illr.
Phvsical Supply
we have reviewed-the design drawings prepared by Jerome Gamba and Associates datedJanuary 9, 1998. A perforated manhote'spiing collector is proposed to be constructed intothe hillside approximately 50 feet abov" tJ spring uischarge,r"r. in" collector wiltgravity feed to a 500 gallon storage tank to be loiated jusi above the existing spring
Page -1-
ZaxcarELLA Atro Assoctar6, r{c.
discharge area. The proposed design does not require the placement of any fill in the
spring discharge area. We believe this should be a condition of any construction activities
to insure that the spring production rate is not reduced and the 10b-year floodplain is not
effected.
The installation of the storage tank should also be above the water table level to prevent
blocking of the spring flow paths, floating of the tank, and the possible back flow
contamination from the exposed surface of the spring discharge area. Under the current
configuration, a relatively steep ground water table would be required at low water level
conditions to gravity feed a storage tank constructed above the water line. The top of the
tank needs to be lower than the supply line from the spring collector. As an example, if a
4-foot high tank is installed above the water table, then the water table would have io have
a slope of approximately 8% (4-foot rise over 50 feet length) back to the spring for the
proposed system to flow by gravity.
We believe the water table will be relatively flat due to the high permeability of the alluvial
deposits along the valley floor. The water table level above the spring should be confirmed
to support the ability to construct the proposed collection and storage system. We are
concerned that if a low water table level is encountered significant additional construction
to develop the spring will be necessary. This could resuit in injury to the Brannan water
rights. Without more data on water table tevels the construction pians are premature.
lf a gravity system can not be developed then pumps would have to be installed to develop
the physical supply. Pumps installed in the spring box would change the classification of
the spring to a well and would require a new water right filing.
Water Rights
ln the recent application, the Reed's propose to not construct the augmentation pond which
was decreed in Case No. 96CW277 to replace spring diversions. fne Reed's represent
that they will rely on the 1996 junior Reed Spring water right of 4.17 gallons per minute.
Under this proposed operation, the Reed Spring right would not be entitteO to divert the
entire irrigation season (April to October) when the John Roletto Ditch No. 1 would bediverting. Historic diversion records indicate that during high runoff years a short period
of around two to three weeks exist when physical flowJof the spring are high enough to
support the decreed entitlement of the irrigation rights. However, during thesL periodi thefeed Spring rights would still be subject to otherdownstream senior water right calls on
Elk Creek or from the Colorado River.
The reliance on a 1996 junior water right makes this commercial use very limited. For
water supply planning purposes we typically plan for providing a year round augmentation
supply. Augmentation is required for irrigation rights locally and to the Colorado River
during the growing season and also during the non-irrigation season to protect against
Page -2-
administrative curtailment from development of numerous conditional rights on the
Colorado River and from Colorado Water Conservation Board in-stream flow rights. We
believe the bottling operation will require future construction of the pond to provide a
reliable supply. The pond design should be included with the special use permit review
even if the applicant elects to postpone the construction of such a structure.
Water Qualitv
We understand the water supply will require treatment to meet state water quality
standards based on discussions with the Colorado Department of Public Health of
Environment (CDPHE). Commercial water producers are regulated by the CDPHE
consumer protection division and also by the Food and Drug Administration (FDA). Clark
Wilson of the consumer protection division indicates the water quality requirements of the
bottled water operations are similar to state standards for community water systems.
Disinfection will be required. Disinfection by most municipal water providers is done with
chlorine. We understand that chlorine is not the preferred alternative by bottled water
sellers due to residual chlorine which can be the tasted in the water. We understand that
water bottling plants typically utilize other technologies such as ozone or ultraviolet
radiation for disinfection. Community water systems require operation by a licensed
operator.
A future particulate test will also be required from the spring to determine if it is under the
influence of surface water. Surface waters would require filtration treatment of the supply.
!f multiple structures are required for treatment facilities, then they should be included on
the application. We are currently assuming that all water treatment facilities would be
housed in the proposed water bottling plant building. Based on water quality requirements,
substantial treatment facilities could be required for this project.
lf you have any questions, or require additional information, please call our office at (970)
945-5700,
Very truly yours,
Zancane!!a & Associates, lnc.
CM:cmcc: Mr. Jim Brannan
Ms. Sherry Caloia
\\Gateway 48650\f\974 1 4\McCafferty2.wpd
Christophbr Manera, P.E.
Page -3-
" P.O. Box 1908
1O05 Cooper Ave.
Glenwood Springs,
co 81602 ZaxcaxELLA AttrD Assoctars, trr(.
Err o rr ggnr a <r (ofr gur;rAtrts
June 5, 1997
Mr. Eric McCafferty
Garfield County Planning Department
109 - 8th Street, Suite 303
Glenwood Springs, CO 81601
i5a,.1 *i t.i cif1ft;'-r
Via Hand Delivery
RE: Reed Special Use Permit Application - Water Bottling Plant
Dear Eric:
Zancanella & Associates, tnc. has been requested to investigate potential impacts to
water rights utilized by my Mr. Jim Brannan who is the adjacent property owner (south)
of the RLed property along Main Elk Creek. We understand that the Reed's are
requesting a special use permit to allow for the development of a water bottling
operation. The proposed business includes the development of an existing spring
which is located adjacent to Main Elk Creek and a bottling plant proposed to be
constructed within a 50'x 100' building. We have concerns that the proposed
operations could injuriously affect the water rights owned by Mr. Brannan. In addition
to concerns over water rights, we believe there exists water quality concerns
associated with the use of the spring and from any waste water flows generated at the
site. We have summarized our concerns in this letter.
Water Rights
We understand that Mr. Brannan owns the irrigation water rights in the John Rolletto
Ditch No.1 totaling2.75 cubic feet per second. These rights have historically been
used to irrigate the Brannan property to the extent that water has been physically
available. tne Oitcn is located adjacent to the creek but does not have any diversion
structures constructed into the stream. The ditch is rather somewhat unique among
irrigation rights in that the decreed and physically available water are supplied entirely
from flows from the spring. We believe that the spring proposed for use by the Reeds
is the same source of water which has historically provided the supply to the John
Rolletto Ditch No.1. Reed's proposed diversions from the spring would reduce flows
physically available to the ditch. The approximate location of the spring, ditch, and
property owners are shown on the attached general Location map (Figure 1).
The spring discharges is in a channel that parallels the creek for a distance of
approximately 200 feet. The spring area appears to be a section of older stream
channelwhich is supplied by streamflow in Main Elk Creek and is therefore dependent
on water levels in the creek. Based on inspection of available diversion records and
discussions with the current irrigator, the physicalflow in the spring is typically less
$ii",+-
Page -l-
than the decreed flow rates of the John Rolletto Ditch No.1. lt is expected that other
than periods of peak flow on the creek (spring runoff), the John Rolletto Ditch will be
placing a call against any junior rights in the spring during the irrigation season.
ln Case No. 96CW277 , lhe Reed's developed junior water rights for a spring, pond,
pond feeder ditch, and a plan for augmentation to replace out of priority diversions.
The augmentation plan allows the diversion of the junior Reed Spring right when
replacement water can be substituted from the proposed Reed Pond to satisfy
downstream rights. The Reed Pond is to be filled from a junior right in the Cline Top
Ditch No.1. The augmentation plan proposes to make releases from the pond to satisfy
any out of priority spring diversions. We believe the augmentation plan correctly
identifies that the pond should replace diversions to the spring channel. The
augmentation plan limits the use of the spring for bottling water at a maximum of 2,000
gallons per day or 2.24 acre feet per year.
We believe the current plan could replace the bottled water uses if a properly operating
augmentation pond, delivery pipes, and measuring devices were constructed. We
have not seen any proposed design details related to the augmentation system. Prior
to construction of such a system the diversions from the spring would be curtailed a
majority of the year either from the John Rolletto Ditch or downstream senior rights.
We believe an engineered system including a lined pond will be required to insure
proper operation and protection against Brannan's water rights.
The "Plans for Proposed Use" submitted to the Garfield County Planning Department
identifies the development of bottling facilities within the proposed building. No
employee estimates were identified but the traffic estimate of 6 personal vehicles per
day was provided. The plant will require a water supply to provide restroom facilities
and process water for equipment cleaning. The employee and plant water use was
estimated in the application to be 100 gallons per day. We believe this estimate to be
low assuming the employee demands by themselves would be approximately 95
gallons per day (6 employees x 15 gallons/day). The source of supply for these uses is
not identified in the application or in the augmentation plan. We believe that if process
water for equipment cleaning is higher than the current estimate, the water demands for
the operation could exceed the limits of the current Reed Spring rights and
augmentation plan.
Water Quality
Health department rules will require a determination if the source is classified as either
"groundwated' or is influenced by "surface waters". This test is based on a particulate
analysis of the spring flows. Based on the close proximity of the spring to the creek
Page -2-
and the ponding area around the spring and ditch we believe it is probable that the
spring will be influenced by surface waters. lf the source is surface influenced, the
health department could require filtration and disinfection of all diversions. Based on
our experience, filtration costs can greatly affect the feasibility of small potable water
systems.
Spring box construction typically requires isolation ditches, drains, and impermeable
caps around the structure to prevent surface contamination. Fencing around the spring
area will also be required to protect against human or wildlife contamination. Attached
is a portion the Colorado Department of Public Health Design Criteria for Potable
Water Systems (March 31 ,1997) covering requirements for spring development. Based
on the topography of the spring location, we do not believe the spring will meet health
department requirements unless considerable construction activities are undertaken.
We believe the construction of any of these items (drains and cover fill) would
adversely affect the springs water production rates and thereby reduce the flows
available to the John Rolletto Ditch No.1.
We request that any spring box construction be engineered to meet Department of
Health criteria and designed to insure that any construction activities do not affect
(reduce) the underlying hydraulic production capabilities of the spring which is
currently available to the ditch. For example, an impermeable cap placed over the area
around the spring box could force the spring water to discharge in other locations away
from the ditch. Further, we believe the spring is located within the 1OO-year flood plain
and will require that installation of any structures or fill will not adversely affect
upstream or downstream properties.
Summary
Under the current plan for augmentation we believe the water rights owned and
historically utilized by Mr. Brannan can be adequately protected if the augmentation
system is properly functioning. We believe an engineered pond and delivery system
should be required to provide this assurance. The source of water supply for employee
and process water uses has not been identified in the augmentation plan or in the
county. We would like to see a detailed estimate of these water demands if they are to
be diverted from the spring, in particular process water requirements.
The health department requires a number of protection barriers around the area of
spring development. We are skeptical that the health department criteria can be met
without reducing the flows historically available to Mr. Brannan's water rights or
by adversely affecting the floodplain. We believe engineering analysis will be required
to examine these issues and demonstrate the development potential of the spring.
Page -3-
lf you have any questions, or require additional information, please call our office at
(e70) e45-5700.
Very truly yours,
Zancanella & Associates, lnc.
Chri Manera, P.E.
CM:cm
Encl.cc: Mr. Jim Brannan
Ms. Sherry Caloia
L : \9741 4WcCafferty.wpd
Page -4-
ill W
Spring
ChannelffiNS
S
John Rolletto Ditch #1
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Generol Locotion Mop
PCr ffIrC€ 8d re6 - t006 @m AVrruE
Mr. Jim Bronnon
Moin Elk Creek
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STATE OF COLORADO
DESIGN CRITERIA
rCR
POTABLE WATER SYSTEMS
C,olomdo Deparment
of PublicHealth
andEnviron*ent
WATER QUALITY CONTROL DIVISION
a
Revised March 31, 'i 997
Price: $5.00
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PART 2 - GROUND WATER SOURCES
Thib section applies to source water that is to be classified as a ground water source.
2.1 GENERAL WELL CONSTRUCTION
2.1.1 All wells shall be constructed in accordance with the latest edition of The Rules and
Reoulations of Colorado's State Board of Water Well and Pump lnstallation
Contraclors
2.1.2 Wells shall not be constructed in close proimity of a watenray or in a geological
formation which would allow direcl intrusion of surface water.
2-1.3 'A microscopic particulate analysis of the product water may be required on a case-
by-case basis depending upon the well log information and the hydrogeologic
conditions-
2.1.4 Wells should not be construcied within the 100 year flood plain. Wells within the 100
year flood plain shall be designed to prevent damage or contamination by the 100
year flood eveni.
2.1.5 All wells shall be protected from surface contamination through use of a sanitary
seal.
2.1.6 Sanitary seals shall be designed to prevent the entrance of liquids and solids, and
shall include a water tight port for electrical connection.
2.1.7 Vents shall be covered with 24 mesh, corrosion resislant screen.
2.1.8 The ground level grading must be such that any surface water will be diverted away
trom the well for a distance of 20 feet. Wells with a static water level of less than 100
u.n' feet from the surface, should have a four-foot diameter (minimum) concrete pad
.-- poured around the well casing.
2.1.9 No well shall be located doser than one hundred (100) feet horizontally to any source
of contamination. Potential sources of contamination include septic tanks, sewer
lines, storm sewer lines, petroleum tanks, etc. A system may request a variance
prepared by a professional engineer or a professional geologist based on hydro-
geologic information.
2.1.10 Well vaults are not permitted unless a variance is granted based on positive gravity
, drainage of the vault through a floor drain to daylight.
2.2 $PRUIq CONSTRUCTToN
2.2.1 Springs should not be constructed within the 100 year flood plain or in areas subjecl
to flooding. Springs within the 100 year flood plain shall be protecled against
damage or contamination by the 100 year flood event.
MEc! 31, 1997
f,
2,.2.2 Springs shall not be constructed in an area where eithei under ground or surface
contamination can impact such water source.
2.2.g' Springs shall be enclosed by reinforced concrete walls and cover, or other durable
"na
ti"t"ttight material.
2-2.4 Spring boxes shall have an overlapping, lockable, water tight access cover'
2.2.5 Water from springs shall be canied by gravity flow directly into storage or the
distribution tyit"m. Pumping is altowed only from. a sump or other storage'
2.2.6 A rnicroscopic particulate analysis will be performed on the project water following
to this Department forfina! determination of the source as a surface or ground water'
Thor" "phnjt J"i"*in"a to be influenced by surface water must meet all surface
water filtration requirements.
Spring Design will include:
2.2.7 screened drain pipe with exterior valve;
2.2-g overflow pipe just below maximum water level elevation protected by 24 mesh
screen;
2.2.g suppfy outlet from spring will be located 6 inctres above drain outlet and be protected
',. by 24 mesh screen;
2.2.1O perforated collection pipe - see infiltration gallery requirement Seclion 2'3:
2.2.11 an earth cover, natural or filt, of at depth least 5 feet should be provided over the
rnrater Uearing-J;ta and shouid extend at least 50 feet on a radius from the point of
out-crop. ftlf,afon or similarwater proof fabric maybe required as a seepage banie6
2.2.12 a surface water drainage ditch shall be ldcated approximately 25 feet uphill from the
source so as to intercLpt surface water runoff and carry it away from the source;
2.2.19 a fence should be constructed to prevent entry of unauthorized persons and all but
smalt animals. This fence shali be uphill oi the drainage ditch and completely
sunound the collection area.
INFILTRATION GALLERI ES
2.g.1 A microscopic particulate anatysis will be Performed on the Productwater'following
completion of the infiltration gallery. .These results wilt be submitted to this
Department ior finat determinJtion of the source as a surface or ground water'
Those innftliion galieries determined to be influenced by surface water must meet
all surface water filtration requirements'
.2.g.2 tnfiltration galleries should not be constructed within the 100 year flood plain'
- tnfittratio. ;;iffi;; constructed within the 100 year flood plain shall be protected' 'igainst dariage or contamination by the 100 year flood event.
T
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2.3
iir
MErfi 31. 1997
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SHERRY A. CALOIA
JEFFERSON V. HOUP|
BARBARA P KOZELKA
Hand Delivery
C,l.r,orl r Hourr, P.C.
ATTORNEYS AT LAW
I2O4 GRAND AVENUE
GLENWOOD SPRINGS. COLORADO 8I601
Apil2,1998
TELEPHONE: (97 0) 945'ffi61
FACSIMILE: (97 0) 945 -6292
E-mail: caloia&houpt@soPris.net
APR 0 e liri$
%-,...-J
OAFIFILLDCX;;:rI/
Mr. Eric McCafferry
Garfield County Regulatory Office
and Personnel
Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Application of Reeds for Water Bottling Plant on Elk Creek
Objector: Jim Brannan
I would like to supplement my previous response to the Reeds application in light of the
changes that were made to the bottling plant application and have the following comments. I
now understand that the Reeds are not only applying for the right to extract water from the
ground and treat it but to also have a bottling plant and to bottle the water for retail sale.
Zoning.
The use does not comply with the zoning of this property.. This area is zoned A/R/RD.
A beverage bottling plant located in this area is classified as a commercial use which is not
permitted in the District at all.
The revised application submitted by the Reeds request the right to construct a
spring/well, to withdraw water from the spring, construct a processing and bottling plant, to
process that water, to treat the water, bring in and sterilize bottles, bottle and label the water for
sale in retail establishments. This activity is a commercial use permitted only in the
Commercial/General zone district.
The extraction of a natural resource, processing it and hauling it off the property is an
industrial use permitted by Special Use Permit in the A/R/RD Zone District. The Reeds are
engaging in this activity and then taking this one step further, and treating the water, processing
it and bottling the water for retail sales. This is a commercial use, no different than if this was a
brewery, soda factory, tomato bottling plant, etc.
If you will review the specifies of the Garfield County Code which identiff uses
permitted in the CommerciaVGeneral area, you will note that under "gsss-$pscial" in Section
BRANNAN-McCafferty-ltr- I
Car,oll r Hourr, P.C.
Mr. Eric McCafferty
Page2
April2, 1998
3'08.03, it specifies that a special use in the C/G District is allowed subject to conditions listed
hereunder;
"plant for processing natural resources and agricultural materials
into food and beverages"
This is exactly what the Reeds are seeking to do.
In my previous letter, I discussed that extracting and processing of water is an industrial
use permitted by special use within the AIR/RD zone district. Such uses are defined in Section
3.02.03 of the Code as
"site for extraction, processing, storage or material handling of
natural resources."
While this section does apply to the extraction of water from the ground and hauling it off
the property (even though it actually is intended to apply to the extraction of sand and graiel, oilor natural gas and other mining activities on the property), it does not apply to a bottling piant.
When a building must be installed, a treatment plant installed, bottling opeiation with continualtraffic to and from the property to bring bottles and labor in, and to haulihe finished product to
market, a different use arises.
The designation as an agricultural use does not fit at all. Agricultural uses are defined inthe Statutes and the Garfield County Code as farms, gardens, greenhouses, nursery, orchard,
ranch or small animal farm for the production of poultry, fish, fur bearing or other small animals
and customary accessory uses, (see also, C.R.S. $ 35-1-102(1) where agri-culture is defined as the
science and art of production of plants and animals useful io *un...1';. Agricultural requiresgrowing plants and/or animals on the property. Such does not encompass the extraction of waterfrom a spring, processing it, bottling it and bringing it to market.
The only categoization of the use that is within the guidelines of the Garfield County
Zoning Code is that it is a special use in the CommerciaVGeneral zorre district. The Reeds must
apply for a rezoning in order to effectuate this particular use as they have now defined it.
Water Concems.
The revised submittal that the Reeds have made significantly expands the amount ofwater and processing to be done on the site and from the spring. The previous application
requested the right to extract about 2,000 gallons a day from thJspring ior pro.r.ring. Thecurrent request is for 6,000 gallons per day. This proposed use is threl tirnes ur 1*g. as it-was inthe past. It is wholly outside the confines of the *ut.i augmentation plan that was decreed by the
Reeds for this use on the property in Case No. 96CW277.
BRANNAN-McCafferty-lh- I
Calom r Hourr, P.C.
Mr. Eric McCafferty
Page 3
April2, 1998
The water augmentation plan decreed by the Reeds in Case No. 96CW277 was decreed
by Danell and Lillian Reed for this property and this purpose specifically.
The augmentation plan contemplates the extraction of 4.17 gallons per minute as a
maximum flow. This flow right is further limited by the augmentation plan that was decreed
therreafter. Tt e augmentation plan states that the operation is calculated touse 2.24 acre feet per
year (0.187 acre foot per month or 2,000 gallons per day) at a rate of 4.17 gallons per minute. If
diversions are made 24 hours per day, the extraction could physically be increased to 6,000
gallons per day. However this is not authorizedby water court.
The augmentation pond that is to be built is to built to a capacity of 5 acre feet. When
you calculate the amount of net evaporation from the pond (calculated to be 1.56 acre feet) and
the need to have available 2.24 acre feet per year such amount is 3.80 acre feet. With additional
seepage losses, the 5 acre foot pond is about right for this use. If they are seeking to divert three
times as much water, they will need a pond that is at least three times as big. There is no
augmentation plan in effect for additional usage and such cannot be authorized. Another
augmentation application must be filed and decreed.
The Reeds state in their application that rather than build a pond and comply with the
augmentation plan, they will simply curtail diversions in times of a call. According to our
engineer and the Division Engineer's offrce, there will be a call on Elk Creek from the Ware and
hinds Ditch at most times of the irrigation season (with the exception of May, June and July
when runoff provides sufficient water for senior water rights.). There is usually a call on for the
Colorado River commencing in July. There is also a call on the Colorado River before runoff
starts in most years in April and/or early May. Thus, the Reeds will not be able to operate in
April and July through October of most years. This will prevent the Reeds from diverting and
bottling in most months without the augmentation plan being fully in operation. Most
importantly, my client owns rights from this spring and he has the right to demand all2.75 c.f.s.
be delivered to him. Since he has not gotten his full entitlement he will call out the entire spring
during most or all of the irrigation season, from May to October.
Additionally, there are significant rights adjudicated for hydropower at Cameo that are
wintertime rights, as well as instream flow rights that were applied for in 1995 that will be senior
to the Reeds' rights. His claim that he will simply forego diversion ignores the fact that this will
put him out of priority during most times of the year and will render his plant useless.
The augmentation plan that was decreed was decreed for a reason. Its strict adherence
will be absolutely necessary and the Reeds need to do the following in order to go ahead with
this application:
BRANNAN-McCafterty-lE- t
Car,orl c Hourr, P.C.
Mr. Eric McCafferty
Page 4
April2, 1998
1. Amend their augmentation plan to increase the proposed uses from 2,000 to
6,000 gallons per day This must include all processing water that will be 100% consumptive as
well as the water that will be bottled. Thus, the amount of processing water to be used must be
calculated. If the Reeds are attempting to use the 2,000 gallons as partially for processing and
partially for bottling, this will leave them with a minimal operation. The processing water could
take substantial amounts of that 2,000 gallons per day. Without an amendment to the
augmentation plan, his project not does appear to be viable.
2. The augmentation pond must be built before operation commences. This means
building the pond and making sure that it can hold water. The pond must be lined and built to
hold the amount of water that is necessary will be expensive and cost estimates should be
provided in order to provide for security.
3. My client does own senior water rights to the John Roletto Ditch in the total
amount of 2.7 5. There are two decrees for this ditch. The first being for t c.f.s and the second
being for 1.75 c.f.s. At times when the creek drops the ditch is either on call or does not have
enough water for its diversions. Therefore, the claims made in the Reeds' application are not
correct from a water administration standpoint.
4. The construction of the Spring box could be classified as a well if it is constructed
more than l0 feet deep. If such occurs, a well permit will need to be applied for and a change of
water right will also be necessary. Such is to evaluate the long term effects of pumping on the
aquifer. While development of a spring does not always constitute a well, according to Chris
Manera, the development of this spring in the manner as sought may not yield sufficient water
and therefore the construction of a different structure might be necessary. This should be fully
evaluated before this application is further reviewed.
Water Availability.
There is no statement as to the availability of water from the spring/well box as it will be
constructed. In all subdivision applications, proof of water availability is necessary. According
to Chris Manera, an engineer with Zancanella & Associates, the construction methods to be
employed here may not produce the water sought. Further engineering on the structure
contemplated is necessary. My client derives his water from this spring. Construction on the
spring may affect the flow. We need to be fully advised of the extent of any construction and be
provided with the drawings and design for review in order to make sure there is no injury.
Water Quality Concerns.
Meeting the strict guidelines of the Department of Health regarding water quality is also a
necessity for this operation. Chris Manera has researched the necessary requirements to extract,
bottle and sell water in the State of Colorado. Those include fully treating the water as required
BRANNAN-McCafferty-ltr- I
Caror.t * Houer, P.C.
Mr. Eric McCafferty
Page 5
April2, 1998
to meet drinking water standards. Such treatment will necessitate the construction and operation
of a water treatment plant or ozination system. No such plant is listed in the application. It must
be a requirement of any approval that all Department of Health requirements be identified and
built before this application can be approved.
Road Concems.
In any industrial special use permit, the adequacy of the County roads must be evaluated.
It is my understanding that parts of the road accessing this property are nanow and dangerous.
Even industrial review does include the review of roads and such must be accomplished. That
has not been done and the road is not capable of handling commercial type traffic in this area.
We ask that you deny this Application for the above cited reasons.
Sincerely,
CALOIA & HOUPT, P.C.
SAC:nll
cc: James Brannan
Chris Manera
BRANNAN-McCafferty-ltr- I
SHERRY A. CALOIA
JEFFERSON V. HOUPT
TRAVIS S. THORNTON
Mr. Eric McCafferty
Garfield County Regulatory Office
and Personnel
Department of Development
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
Cu,orl * Hourt, P.C.
ATTORNEYS AT LAW
June 5, 1997
I2O4 GRAND AVENI.JE
GLENWOOD SPRJNGS, COLORADO E160r
TELEPHONE : (97 0\ 945-6067
FACSIMILE: (970) 945-6292
L+1..r'l
Re:Application of Reed for Water Bottling Plant on Elk Creek
Dear Eric:
I represent James Brannan, who owns property located directly south of the property
owned by the Reeds and that is the subject of an application for a bottling plant. See attached
map showing Jim's property. My client owns water rights in and to the spring that is the
subject of this application. He has hired a water rights engineer, Chris Manera of Zancanella
& Associates, to examine the physical siruation. Under separate cover, Chris Manera will
send a letter with his analysis.
We do object to the development of the property for a water bottling plant on several
grounds. I would like to go through those objections for you and the Board.
Water Rights
First of all, my client does own the senior water rights in and to the spring that is the
subject matter of this case. This spring was adjudicated as a source for the John Roletto Ditch
No. 1. I enclose herein copies of my client's water rights decrees for the John Roletto Ditch.
It is undisputed that the spring source for the bottling plant and the John Roletto Ditch is the
same. While we recognize that the Reeds did obtain a water court decree and an augmentation
plan to use the spring for bottling purposes, I still find significant problems such that this
matter cannot go forward.
It is understood that my client has the first priority out of the spring source for the John
Roletto Ditch. When the creek runoff ceases, my client does have the ability to take all of the
water from the spring. The augmentation plan that was adjudicated by the Reeds allow them
to take water from the spring source, out-of-priority up to 4.17 g.p.m., if they replace that
BRANNAN-McCafferty-ltr- 1
$uN 0 s teeT
Mr. Eric McCafferty
Page 2
June 5, 1997
amount taken in time, place and amount to the John Roletto Ditch. We recogntze the validity
of the decree, but question whether the scope of the decree is wide enough to cover the entire
application as applied for here. The claim for bottling water from the spring does not appear
to be broad enough to cover any processing uses of water, restroom and commercial facilities
or other commercial uses that the Applicant is applying for and will need, along with this
application. This would mean that an amended augmentation plan must be filed and
adjudicated to achieve this result. Such, of course, must be done before the Board can rule on
this matter, because there will be objection and whether or not a final decree will enter is
questionable.
Additionally, there is nothing in the augmentation plan that talks about excavation,
containment, or alteration of the spring. Any significant work to the spring could result in a
change in flow. The Applicant cannot alter the flow of the spring to the detriment of Mr.
Brannan's rights, as he is the senior owner. They are only seeking 4.17 gallons, the balance
of the flow right to the John Roletto Ditch (which is this spring or 2.75 c.f.s., which is
approximately 1,200 g.p.m.), must remain intact and not interfered with. We are very
worried that any construction required to meet water quality guidelines may affect my client's
flow rate adversely. See, Chris Manera's letter. They do not have the right to adversely affect
the flow of the spring.
The pond that is to replace for water taken from the spring out-of-priority must be built
to a certain size and be operational to be able to deliver the water to Mr. Brannan to make sure
this plan works. A pond must be built to cover all uses and there must be an ability to release
water to my client's ditch in the amount as is taken out from the spring at the same time. This
will mean that a dam must be built and approved, and the pond must be lined in order to
ensure that water does not leak out but can be stored. In order to store sufficient water to
augment my client's water rights they must store water in the early season and have it
available, accounting for seepage losses and evaporation throughout the entire irrigation
season. Since ponds are frequently leaky, this necessarily means that the pond must be lined.
Construction and operation of ponds is expensive. We anticipate that construction and
operation of this pond will be in the multiple thousands of dollars. Plans for augmentation are
always subject to reconsideration by the courts if they are not working or are not administered
properly.
Security to make sure that the pond is built and operational must be in place. We are
very concerned about the commencement of construction without having these items in place.
Any special use permit that is granted for this purpose should require the Applicant to bond for
the construction and have such inspected by the recipients of such to make sure that it is
operational.
BRAN NAN-McCafferty-ltr- I
'J'd'rdooH ry vIo'IvJ
Cuon * HouPr, P.C.
Mr. Eric McCafferty
Page 3
June 5, 1997
While Mr. Brannan only has an irrigation right, there are winter rights lower on Elk
Creek. In order to use the water through the winter, augmentation releases must be made to
lower Elk Creek entities such as New Castle. New Castle has a year-round water supply on
Elk Creek. Thus, the pond will have to be able to release in the wintertime to make sure that
augmentation is met. Since the pond wili be frozen in the winter, whether releases can be
made in the winter is doubtful. This is an additional concern that must be addressed in the
construction of the pond.
Water Oualitv
More importantly, water quality concerns must be addressed more fully. As set forth
in Chris Manera's letter, the spring is directly connected to the river and is in an old river
channel. No full-blown water quality test has been performed. A full-blown water quality test
to determine whether it is a groundwater or surface water must be done. The classification of
this right as groundwater is not correct or appropriate. Classifications are different for the
Department of Health and the Division of Water Resources. The Department of Health
requires treatment of water to varying degrees depending on whether it is groundwater or
surface water. Additionally, groundwater that is under the influence of surface water is treated
as surface water. The Department of Health does treat most springs as being under the
influence of surface water because of their proximity to the surface and easy access to
contamination. Therefore, the Applicants claim that this will be treated as groundwater is not
realistic. Obviously, the protection of the public's health is important and fulI compliance with
the Department of Health's regulations must be required before the Applicants should be issued
a special use permit. Compliance should predate the Application because of the uncertainty
that such regulations can be met. The County should not consider or no less approve this
application if it cannot be developed.
Agricultural or Industrial Uses/Special Use Permit Rules
Under the Agricultural Residential Rural Density ("A/R/RD") zone district, this use
can be permitted as a special use. We believe that this use is industrial in nature. Extraction,
processing and storage of material handling of natural resources and classified as an industrial
operation as under Section 2.02.31of the Garfield County Code. This fits the definition of
extraction and processing under that section. All industrial operations must conform to the
industrial performance standards of the special use permit code under Section 5.03.08.
This interpretation is based on the definitions in the Code. To treat this use as
agricultural as an agriculturally related business is not in conformance with the Code.
Agricultural land is defined in Section 2.02.02 as ". . . raising crops . . animals, or animal
husbandry." IJnder Section 2.02.015, any related business is to sell products agricultural in
BRANNAN-McCafferty-ltr- I
Calota t Hourr, P.C.
Mr. Eric McCafferty
Page 4
June 5, 1997
nature. It does not fit into an agricultural category. This use is the extraction, processing and
bottling of food and should be an industrial use.
All of the industrial standards involving water, air, and noise pollution are then
applicable and evidence of such shall be submitted. See, Section 5.03.07 (attached).
Specifically, evidence of the volume of sound to be generated must be submitted. Vibrations
that might be generated must be submitted, admissions of smoke and particulate matter from
trucks, admission of heat glare, radiation, etc. also must be submitted. Additionally, all
applicable county, state and federal regulations must be considered and complied with.
Industrial operations must be analyzed based on all of the items in Section 5.03.07,
including water usage, impacts on adjacent land of noise, smoke, vibration, etc., impacts on
wildlife, truck and automobile traffic to and from such uses and the impacts to areas on the
county. Litigation matters, distances from other property lines, and permits for adequate
mitigation must be submitted. These standards are fairly strict and are geared to protect the
neighboring property owners. I do not believe that the application as submitted complies with
these regulations. Since the Applicant must submit these before he can be considered, the
Application cannot go forward.
Flood Plain
The area may be within the 100-year flood plain according to Chris
Development of the spring must consider flood plain issues. Water quality will be
This has not been addressed and no flood plain permit submitted.
Wildlife
Wildlife impacts to the quality of the water in the spring must be factored in.
which are prominent in the area, are known carriers of contamination and should
access to the spring. This has not been addressed.
Manera.
affected.
Beavers,
not have
Road and Traffic
Traffic generated as a result of large trucks coming and going from the plant, as well as
employees to and from the plant will not be compatible with the neighborhood. Additionally,
the County road is not wide enough nor in good enough shape to accommodate such vehicles.
Large trucks will impact the county road adversely.
Noise
No noise study has been submitted and noise has not been addressed as is required.
BRANNAN-McCafferty-ltr- I
Cnl,oIl a Houpr, P.C.
Mr. Eric McCafferty
Page 5
June 5, 1997
The use is an industrial type use and is not compatible with this rural residential areas.
We ask that the Application be denied.
Sincerely,
CALOIA & HOUPT, P.C.
fud&h^-
Sherry A. Caloia
SAC:lln
Enclosures
cc: James Brannan, w/enc.
Chris Manera, w/enc.
BRANNAN-McCafferry-ltr- I
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Es&d *2t55 -'r.*?' r' -lqars't-:g
BE<7d,6 ^..2j921!-.-- -_=EE-s
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36q1'421
laSe 58]
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it
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ol tlr
dth.firdF lld
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c, lr.
Dr.a, x.a. rri r8tb
?3A\iE A. sRAlgr "r
&rd Au5arst .P71,
BIEDIE V. SB,\XZT
Au6 i B 1971
;i -t:r;I.tl E
Llegiat r !q aaYvbo
rld ,rqi-u t56a3r Ed !,!
.d Cix 6t!s ts! ..164 h ltt
61L
..
cav or
.Carf
lcLd Dd 6!'tt d cclcnd+
JAI€S P. BBAlNrx
Cal ifornia-
c*!El .{ !-os Angelee .' slr!' ef)Gisls'o' d t}'!-tC
i.rn{EssEtrl 7!.t r.h. Bu D.n lcs ot'L' rr'. FrL torEd t-Tf"u- lt i-T I - *f.o'iioff"* eod orhcr good t"d valuabl'e coasl'd€rsEloor
l. tf. Bld P.n1€3 of 6' fira Frt! b LEd P'id tr' t!' Eid ft.! y d tb' t@o1'D"r"& tGtDt vha<{ b
b.rbt @dc-.d.ra xrood"aJfpt ve gruto4 bcrri!'4 ptird eonrt{ uitt ur uo puo &
trutr b.tE!i!i Ell' @EJ gll tlitto *t t'bc rrld prn ] ot t5o rDd Fr! blt
h.ln pd sisu forc' dl t}. tolrrn'g deib'd to' or D{rcl^ ---'
* ritl r+ Itias '!' b'i'5 i' .t5.
C"*tr. a Grrf icld .'!d EEL c! Ccionl.' rxtl'
,, : :
... t;rc 4 of sccrloa t aod r'oc 1,'sElNEt' s'*Lx':e!: Iv$Et.sDd r!'
" 'Gfsot,-secttoa 2, TovnshlP 5 so'ch' Raaga 9l iJegc of rllo
.'iJ;:i.;-;;;;;;G-t;6";'.';'; -." o, i.,'-
Excc?t the ProPGrq/ herctofore coaveyed l" 9":l A*":lt"
by Qufr Claio Deed recordcd !o Ehe off lce "f -*: :-:1
"nd'n".o.d.r of Grrflcld CouEEy, Cotorado &s DoclrDl
No. U9?L9 is BooL 16I at ?agc 90 thcreof cosEai'o'1n8'
10.87 acre., src or lcsa'
| ^*"- o-"uoa d" ?rotrcrtry h"tttofor" "oo"y"d Eo Jessc S'
I ;""b;or.-1."a.r".a t r^'itt'"ty Deed recorded la thc offlcc
I ;;-ilc cicrk ard Fccorder of carfleld couotry' DocrEsoB lio'
I UaroT t! BooL 2I7 .E PaSe 534, coalllnlaa 55 ecreg' rcrr
I or leer.
II To8e:hcr vlth arry ,^A all dlEch 8nd varer rl'6h!s b:\os1"8 tD'
I ;il;"-Jt-ro-'.o"*cELon vlEb *: o}"u.d:"-"t}1.d-rTit:
;:i;;;,-;". ""i-.'" r""rvclv, a1l rire. rletrli
-
Ef :I ::f ^3:'*";-;;f';:.;t;"-;; ;L rtrsc parc 1-a 'od Eo lhe Joha ts["tt
Dltcb No. L
Rcaenrlag, bot,cvcr, la uodlvlded oae-half of ell o11' q::
=I:I^1",or o\ro.a-Uy ftrlr Psral.ct 1a end under Ehe rbovc dclclLbc<l ProPerE '
TOCLTBE! nU .ll rDd r'*r,rr tLr bcFditasotr Ed rD'urt'@
rprnriaias. rri i.h. nmlor rad r:iniou' TT'odo - :::1:l-:l
th. sul4 ric[L L$.. l5LEt 'lAir ud dcud rbr!r6" o'l 6' Bid D'dle'
q xul(f..J. !i Ed b tL rLsE 9*BiE viu t'L' Ladit@rr pd r
o
n, : 't
a'
r ra-.. -t
Bntltlocl nlRtter coralng on io ilo lraut( by thfl corurtf D6t,1t10nel aD- ,
pecflng ln pol8on and. Dy A.I,.DerritaIE/r Ufleltlr.o, h at Uortloy I Bnd 1t
appea(,1n6 to the Court,nn( the .Cr)ru I Bo I,J.,l(I.r, r illst
8nd l,luoa of tho hoeltl\f heleln raF dlrly .iorvod. llnon
tI$C. to nut1c6 l:y rttre Dlrhlloe,Ciolr an4 frortlr,g W
Jl:rr.(lcRl (tayR 01' tlro NQvau?,e:: .r).Ig'lWferrr ojl rrn
oord'tnoo wlth ths ]rror-1s1onn of 'thn fltrrtllto ln r:rrolr
vlrlnrtr an(t ilnt no onn AIrn€BlR to raslet tho nppltca
'--,-
clll:8.
ono of the 36g1116s
Crttu:t, 0l'lo AhgVO
l,1ce o{' tho llhe
all frartlan antl:-
of Cort:t ln ao-
o rua(c and plg-
l.on of tho nala
oJrr WhelotrDon 1t
or, John Ro1otto,
uri,, B.L/2 1t.tt.L/41
l" li 9,, ll. 01 w.
n F_o-1-e-!_!.o, l)l bch
rnrl th6 John Fo-
t 60 u.orog of
'.d John [o!el,!o
urr.hJoot t'o :Jr1-
l!(,. 1 Wn!i hnglrn
l,r\lctlon !hexcof
1I tlre oomplotlon
.
art
by
pol, 1t1on6t, alihough dtlly aarrro,l/na Afolonrrlrl .
llon comoa thre tost,lnony srrtu,fitte(l Iry lhe f,ot1t1
at.pc{i}6, (rld tho 0oru.t to fi.ncls, that tho F,\1d Dott?
olir,.t'ra !o bo tha owne.r. of t,ill A, Saelttrtr Ir I,o! I, ir,
ii.w.I/4 s.Jl.L/4 a?rrl )i.ll.l/,,t s.:t. L/4 Bdei lon z, ell
oth J.'.t{., 1n 0a!f1el4 County, oololu(o, lnd of, tho J
-ll..r. I, tatrj,n,l; rvRre! ft(,ln fl feerter. ,rplgl{i .g{.x,Lh ore
l$r,to !lgl, i{9-._?, r;;s-;;., *o,, Dr.ri crask, End
gar.<t lan(s 1to rurrtor rrnd s*l)J.ct to lrrluurlon r:rorJ
Dllclr No. 1, nnrt 60 gotos of sa1d. Isnd,s I1o undar st
ga1;1,)n by na10 .tohn Rolotto Ilttch llo. a. ,lu0fhat ilro oonstrilctlon of RR1(t John l.lolotto l)tto
on tnc Soth day of oot ol)or, 1008, artrt tno worx of
'ty,l..t ?trcaonf-tol. DlonRclltcd rlth roarotlalrla rllllganoo
thereof,,, that sa14 (1tch 1a oapahle of lna har th,
,-!y16i.to Eo aores of, 0c,1d lande, an4 \raler nr6.brcn
1 )''.^, r/3'r-' I \'r ntrFh ir 1A. .t. i n;,1._!,y_.--
-- -.r,
!{ov on thla
oapeolty !6, r..' ,l"'''.
HTl< UE'
4sti\1.i.'.r , ;: ''lt Rutfro.r Rl?l)Fsl'rl to tno Cor13g en(t Iiro Cr)rLIt
!tor\4[ni,o of ,J..r1C dttlch t.B sLtlralo nt rr i'oorlnr sprl
vrlrlolr FaJ.([ aprttrg crl,rl dl.t clr tlorlvoll 1t n srr1r1:Iy of
Dsnk of Be,1(t orook, at n polnt ln BBld Lot Ir sootl
<-<...@EF=w.cffi-_p,-;tt., ihonco ihc Noi.t,hoast cotnEr of snld soo
tlr,ht ra'urberad
r,A.D.Io06r
1on 2 heRra N. 41'
4?, li, C70 fcot,
That th6 constrttotlon o1' snta ,rohll nolot,to D1
on tlrn E!I_*ry: 9r i-!?#1,.1q0c, uhrl tlro wor,k o1'
tlta::eafter p:co0eqittod wlth too.Bohnhlrr rtlllgonoo ttrr
tlrnteof , tlrai gald dltoh 1o orrDal:Io rlf nrrd has tho
1t'r'1gilte 60 ac::en of satct IRndEt an( lr,a,t,al' hns 'l:co
upon nr.rld 50 'aoraB thr('\rBh sa14 r11 tch fot. 1::'r.1uat1
lfor srrtd yrRto]r D1F t,rl.ot l{o. it0, wl,t}r PI10r!l.y rJ,ti}r
s(iJ.(1 (leo'r'onr r drtf,:lnz ,'1.(rr,l th0 I6lll (1.0y of Af)l'1.1 | A
It l\llrt,!1o1t nit!)euln t o tlto (r,ntll, sFd 1, llo Cr)!U't
'rithor,'ofola, It 1s 3ldore4, A,t[\$c.e,a eJd Deoto
tlle ,I01,!N RoLlmI0 DI[(,,I ]'10. L Do, and tlre srlr,ro hore
1n r. lls Doeloon of thls Co\trt fo! \'rat(u Dtst:..lct llcl
lra nlloworl to flow ln?o sald dl.uoh tubnt na1d.
lor lxr'1gs,tlon prrpoEer upon th6 1and.i cle1m6( l.y
oublo foot. of ratat pcr aeoonct of ttuo. wlth l,l'lot
lt,,n: tha J,gIh,,.1r.{ ?f ootobo-I,. A.D.tq,o5r 1q sal(
, JoHl{ BOIJItIO DftCH NO. 2 ber and ?h6 remo horcDy
th6 l)ocreos of thta Corr5j fof tTqLor Dlstrlot No.
(e)
llo. 2 wu$ boglln
tt,ltctilon' t)ro1;eog rrl.t
I lilre oornnltltlon
arrYlng capacLty to
Dcnof,lolully upDl+oa
UtrIoRon, 14/ :!oason,
who:rrrcrf nR14 dr,toh ..rholr.ltl lrc munbel.o a/Of,/.i(4." t l)0oa6of, of tilre CgtlJt
hca(tgFte of nAlrL dlton l,n slltttatn on tholl,sat trolrl<l' l''l.ll 0r:oe)(, froDl
yrhlclr nt:.e,.nr nalrl (1toh dorlvea 1.tn orr:')pIy of wt\t , at A lrolnt \Yh€noe
. Otlr P.i,l.. l)oarstho Nrn,tlroast cornot o1' Soctlolr 2, t. 6 s,, Jl. 01
;l . rlo aa'.',, o7rg f,ost.Il$.1.
^rr:ttnuod//l0E t,
D, l.rJ 06 .
f0 fJ.n(fl thoi tho
}y tho cortlt, ?ha.t
ts ntnntrnre d /A{A/
:{0r (n(t thnt tltore
rnrlng 01' lDIk creol'.r
rtltloncr. :ONE (I )-,
-*=a-iy No. /ililirr*
oa; r,nd tha,E th.
rntrr)rorod (4{4{^'
, hn.t thal th6t6 bo
4t
of' l,:Il( Ct'ool( frou Jl- - .)
l er r on tho weEt q€6u
---1'-?r'I .6 S.r R. 81 \'
i
'floy
gnd for
thefot o.
It ls fllJtho} orcttlod. Bll(1 AAJ\l(tU66 hy t'lla colrr'
he l,ukan nnd ltolrt tE sut,lnot' to rrlL tlro prorrlsl0ns
oontalno( ln ihe dsoloo ontorotl 1n Ulrlrt cuttJf on
ilttlattrrg w&t,el :itghtl gono::nlIy l'hro\U('lor[t 'cn14 v/EI
anrl tnat tlus docl(:6 l)a tckcn an'.t l\Hlrt RB sltl)Je()i
oRtr:rtxllilttsrthe(t6oteeforrhlohhadbo{'Ilo'lll'('}
t)r,. ,ir'.,t,o ul' tho 1l1I1n6 of lll'! pet'J't1on |toleJ'nr oll
A.:).lt)'Lllr {\hd tnRt tne lrr'rt1t1t)nar p8y the cOntn of
Dorre 1n olton ooltrgt
IV thc Cr,lll't,:
ilrore 1n,
tlle rlRo
BIl6J.'eftom anrl
Rnd honoflt of
F rucrt.$lalltltlcB o-Trrt,oJl tO
tlrnroth::otltlh fo:P tlra
tlle Da::tY o]. neTtler
tl.no Ro s
Do R:.I0rr6d
r{orasat<l
6nt tt I0d,I.lY,'J\tI1Y
I
I tlu\i, tlrts tlocroc
f n 86natnl. natulo
11ih, IB8o, ad:lu-
j)lstItot No. 39 r
aII uelor: u(tttd1-
fcrtu Yan::R Prj,or ,to
()-rrtt ) DnoaFlbfil' othr
iltene I)trlco,)dlngs.
I
Stste of Coloraio, )( ae.
CorrutY of Oerfleld, )
Joltu ', ilhuiuate,
tlrot tho above
copY of 'hb,e
ourt 1n Bsla
Clorlr of
y of Oarflelfl'
I, Ohas, Il. E
the Dlglrrict Court, vlthlu anO for tltct C
ls the Stete aforosat&. do b'oroby cortlfy
and loregolrg lc a full , couplete e.ni tru
deorce ms(o asd €!,tcred by satd Dlrtrtct
eatltl.ed oauEe oa tbe lOth EoY of J , a.. D. r9I4.
Witnpps trY hesa eaa the goBI of d Dlglrrlot
Court thlE 10'bh d'a,Y of Juao '
2912
\
(r'
nPB_gql98 E8!A5RN CRLOIR &lF1F-ftrrt' " ' -HouPT, .P. C.o(
"a
l,r!r'.'ftll vt" Crll0linDo )) so.
uoqliry or oAlurlillir)
Il'. i'iiri DISi'Iit:,.)OEilt
. !i0. 545 ,
tsil: duy ct' Junor ,t.), L9r.2 ' iitrl'!Lri rt! to tlrrr
entzr'o: tti r.el(t cauccr r'.ll,.I cil 9r-lJ r,i,uLo Ly o
$,;,I,ti.:s rrlt )tu,J ti,:efOtCJ'nn?,,:il)uot,td ln liltlp
cguso ucc I,ogulgrly cDrrt,lnu'Jd untIl tho 24tlr
:..i,'. 1.,'4? r rE I0 o lcIocI'. i.-l: .1 n t, rrirlctt '91:rl r
ceC tsktr:5; ll:e tog!Luen./ ..[:: Li.lc ,tBu.is i E:lE!
oI' !cgilurony 'i,uc ccntinuo( I'rolr Llno !o Lll.:o
lld2 unL lI wocurai.rcr ll r LV 42 , rrhorr Lhc taI:I n
!,'rrs c g!rpleio.'. urfl satrl, :i.l-a J tr(r Io6riIr:f Ir" ':r
t :i:,r rgEo :r,rf (:)i,r ;;f oporuLlr.r;l 'uy L):l uLltrr:r:
l.jgr.,Ji\ (.jLr ru'u:rll,r:,iOrl Liir);',:,it' 9r';i:u JoulL.
.{il - irt)'r, .rrr t!i j. I lIt):
u:aLLer, cirnliJE (rr: t..l,llat'I1 l".rt' crrlr::L.i*t'rUl'':t1,
oi'(lJr 1.1' Uur:rl, ,i't:,-ilii i'r.l'l .r.irtr-' I ol' tt.Sf lng
anJi, Lvc\ irll,i -$gl'ori go prei,ttr'cu tl.y- :,atr'r tiLL
)l$vlng oorr:: Iairrci: tlto f r',t'r ailti 'son!cutu t./i
!i*r :'8g:ir!r!i i.rrn- J'!i,;s lt'JrcIn r o-q YrcIi l,g'Ll:
ti'^ t/ar:.rr\rlt :.r,r';i.tto irlro ,r:tjiur\:,: itt Lltl,, rjc
//-2€-4ts
o<K Ct,*-l
gc rArl"' '' 4
Or,1r/;' "'j+i4
y t,lt,t1,l,, a, , !tf,
, ll""t.,!,."'t.,Ltl'.: ?'1'h""'1''', ' ',"
' ' Dlir )'lrt' ':/'L
lirtrrr e't,,,,Jrt, 1/.'.'
r.t.': j.r':Li cn Luo
ol'gr.)r' )rorotof ot'o
trrlr":IE <rf sII
prrceodlBdr tlro
rluy cf /ruguet
ti:t Ucttt ooruaon-
'lho gu'trsrteslon
iur'lng tho year
oI' tooltaony
;:g !n'*'Jd unt ll
lr,rr',olf, uJ' o
,z:i. ,'ll'l <.'
prlrs',renb Eu ttre
ui":Joc?J.onn, lf
': cJ . 'r:lte ..j ,ur U
:J.s clocrso, atrtl
l.rlLlnonl' 6f
?, $ni bolng rtot:
-1.r
nl
"ii ;.,.'1*,jj!0f' liil'Jlll'i'Y i{IOlIrS t'.r I:!-:: [Sd Ult ) '.ii,'ilri-' eltt?fc,i.jj '!iu L./iiTr.lfi u:: flu ADJ'0LIunt:^oii) ,'",,.'."--Y,t0f' liil'Jlll'i'Y i{IOlIrS t'.r I:!-:: [Sd Ult )'.ii"ilzi-' eltt?
i.Irirrll i'Uit LtRIullrTIrrtl Iil ,,ifill ) ',i"t.tt -o te
i)rsT.RIi? lio, 35, rii Ttxl sli:Tl Ji,'| ) c''l4,'| -'-'ljsLul.(u*O. ) ,'r"?tli\lt -,.tc
) C o rcr y''otu-,.r'
r)rsr.lfi? lio, 35, rii Ttxl slj:Tl ;tt' i "l:'1"7_21,ljsLul.(u*o. ) ;trr"?tli\lt -,.tc.
) f :.:,'il, if,:,' ;,',: 1
,.:,j..:,,: .,:. ,..r. !, .' ,,i. i':.11;i;ii';; i'1.:,
)'eIl';l:,,i!,.i .]. I ...,.,.] t
,',1
A*.rt)q:'
Llrlo
f;PR A8
ot' blra
cub lc
datlnr)'
vbtuo
I
eublo fect of lsicr Dor rocoEd of ltrs r ll lro
sh4 ua6oDl1t1onrl,
It lc frrnttror oldbrod, e<lJurtrge{ rnrt
oourt tbe! ttro lotal a.Eouat of riten Bo rtrlotr
at Droe€nt ealltlod ta eorputed sl I,? oubtc.l
Buconc oJ'itn6
sald dlDcb lu.anrnborca 1O0A . ., Un4e
Couct '1i, bsr,,bccu rreldctl lrlortEy,,l{o.
foot of ,rlrtcr Dor sGoorxi ot.' tlao rcl,g,tla
fnuur ibr SOth chy of OsioboTr /..D. Ig06
of orlglaal oooltruotloi.,
Eatd dltsh,ta,undorr tblr 4oorac €aEI
lo' 9SOD for 1,?5 oublo,fset of 'st.D Don teo
Iotln6 beolr to rirri arthg fnu tbo crlr dBy of
urdo! and by ytrtue of tbo riitr.ot nulii,gbudnt.
tbe olelEaat oi'ualrr dltolr b !,., II.
dttoh Is uscd for lrrlgatloq purDolos and to
of !a:6r frrn itllt Crcekr b Orr.I,lcl.d Courrlyr,
hecd,Barc ro toqrrec on"hh.T;;*GA or, .oro
--et a polat froa strlob lbs SouHrrosg Cornol of
rl!d,.ptlortl, rlglit rDd velrtDe cf llltor lrr]dod';". , i't'aeid prlon deero.o brvc tt aLl tlaoe L,ecu Uonafl
u,r
5 $outb, tlau6e Sl trost boerr goull a0o65t iicct
Inro tastluony ln tbla cloo ccDabllcho
f wnet Ccslpcr'.
' ,! ",uadot. oadrby
r'edoi lhc
otlong t 'lvg,
.O foet,
ao ogtebllshlng
llronoby slcrdrdt.
appltorl Ln rcqordacoo utt!, tillt to8tac of ttlo
ths e B.uDr uill sald doorco arrd Lha g,,lontly rl6lr
are , hereby, rottf lc<l rad cool,Lnco(.
-le -
r_j--.,,...?.
JIE t
1tE owply
HTK E'U
L..i.
IE, ls furbpo! oEdfry-dr SETI 6
tbore bc,slloced, to flou lnco oqld dltoh frcur r fd BIk Oroc:a'
portJ'oo on-f or' tbc uso alorcsstd and I'or thc bonsf lb 'of
Eltlorl thoro?o, urrdot' raA by vlnuuo oi' fUe op
Flrq I Enllrg,ruroa! , Prlortty No ' E20D ' f on .1'?5
ratir Dor seoond of tlle relatlng bsok to Etlti.
4tU gaY ol !(uoh, A.D. l02r l
iE ie firr'llpr o!'-4919'L-1gl}*gp-{-!!!'t'
aald ?rtorlEl'Ilo. 4SOD boroi'r-Y urerrlu0r Lo llt':l;unt of Lt/6
cublc lcot cf uotor por saoood of i!=c' lc
anrl uresootlllloEFl. I
. It Ir furtlror oldererlr ad'Jud6cd eitd
courD t\.t thd total .Dount of .lrlior to vhlclr
Bt pret6aE cablttod 13 oollPuBorl at g'?5 oublo
coqond of tlEa.
laEIoE bY
..,i'
tbr9
eld rlj,tsh'to
ost of vetol Por
or 3 cublo fdct
by vlrtuo 9.f
tled, to .Irlorlly
cJ' i!tuu rolatlng
.i. U. I92l',, .unrlor
bbo Cou.rt'
cf Yitsl
utre l6tb
orlgl!.eI
5ut0 dlbcll !a :ursborod l8' Eausr f
lt hlo bEcn rsrrded ?rlortty llo' Iil
DsF looopl of 'ttEs roLsllnt brolr lo
{oy of lreDruar;i, A.D. 108', uldor
o oEs truc tloa.
Sald rtltoh tr unrlon !bls rf eoroo eEi
lio.3?0Itl'ce2stl'utoioo?ofiJatorpor6uoclltr
lracIEoarIIuouur&l'I'otuih6{l'lrcioyol'llrrroltr
sacl by vlrtuc of ihe l.'lnr! jnlargouont'
lbc olqlgluto Pl arld dtEob,rtc led
rnd goDlrl,lr llydoa. Saiq.atrotr 1g ucod for 1r'r
end,takca l!o. gtr9pl, of riter fnou lllk, Creot{
Co'Icrdo. llbr troldgrlr lc loortotl .oc tbr
xtddlc Bl}c Crrrlc sn a Deln! lro rbloh bb
gocltba 9, Ilonsablp 5 Soucb' itaago gI llclt
tiost 2O09.0 f cot.
Gatf lgl.d. goUDtI;r r,' '-( , i." -.
.,
rrul ,gf: .tgf+. :, . .,/1rr;"i
' r!-, :lh,rcotOornolr :.'
Soutb lec }'l,t ;
;,ffi;''::;-E
-2O-
'rg?t o(., "1
ttog tuoa thb ,. l
by EDr .
5.03.05
5.03.06
5.03.065
5.03.07
o
ditional and Speciul Uses
Airnort. Iltility: Such airport shall be approved
Administration.
Airnort, Air Carrier: Suctr airport shall be approved
Administration.
Veterinary Clinic:
(1) All kenneland stablefacilitkiesattachecJ to a
all standards of a kennel and riding stable. (A.
5.03.01
the Federal Aviation
the Federal Aviation
inic shall comply with
r 48)
traction, processing,
disposal, storage,
shall be permitted,
ns shall prepare and
pact statement on the
nstruction schedule,
One (1) copy of the
issioners by the
the following:
pollution of surface
vapor, dust, smoke,
obile trafllc to and
,:)
I nd ustria I Clfrera tio n s : Industrial Operatio ns, incl udin g
fabrication, industrial support facilities, mineral wi
,-t
:>r
sanitary landlill, salvage yard, access routes and utility li
provided:
(D) Affirmarively show the impacts ol rruck an<j aut
from such uses and their impacts to areas in the Count
(1) The applicant for a permit lor industrial opera
submit to the Planning Director ten (10) copies of an ir
proposed use describing its location, scof)e, design and
including an explanation of its operational characteristi
impact statement shall be filed with the County
Planning Director. The impact stalement shall addr
(A) Existing lawful use of warer through <tepletion
run-off, stream flow or ground water;
(B) Impacts on adjacent land flronr the generirtion o
noise, glare or vibration, or other ent:.rnations;
hazardous atlractions, alteration of existing native
migration routes, use patterns or other disruptions;
(C) Impacts on wildlife ancl domestic animals th the creation of
tation, blockade of
(E) That suff'icient distirncer- shall separate such use [r
which might otherwise be dlmagetl by operations o[
(F) Mitigation measures proposecl for all of rhe forego
and for the standards identilled in Section 5.0i.0g of thi
(2) Permits may be granted for those uses with
adequate mitigation for the following:
64
m abutting property
proposed use(s);
g impacts identified
Resolution
isions that provide
.:
fbnditional and Special
o
Uses
(A) A plan for site
Commissioners belore a
5.03.08
rehabilitation must be ap roved by the
permit lor conditional or s ial use will be
(B) The County Commissioners may require secu ty before a permit for
special or conditional use is issued, if required.applicant shall furnish
evidence of a b:rnk commitment of cre.dit, bond,ified check or other
security deemed acceptable by the County Commi ioners in the amount
calculated by the County Comnrissi,rners to secure execution of the site
rehabilitation plan in workrnanlike manner and i accordance with the
or approved by the
check shall be paryable
specifications antl constnrction schedule establis
County Commissioners. Such commitments, bonds
to and held by the County Commissioners;
(C) Impacts set
standards contained
lorth in tlre irnpact st:rtement cornpliance with the
in Section 5.03.08 o{ this Resolu ion. (A.93-061)
Industrial Perform;rnce S(andards: All industrial o in the County
shall comply with applicable County, State, and Feder re gulations regulatin g
water, air and noise pollution and shall not be ucted in a manner
constituting a public nuisance or hazard. Operati shall be conducted in
such a manner as to minimize heat, dust, smoke, vibra
all other undesirable environmental effects beyond
n, glare and odor and
property in which such uses are located, in
standards;
with the following
(l) Volume of sound generated shallcomply with standards set forth in
the Colorado Revised Statutes at the time any new a
061)
ication is made. (A.93-
(2) Vibration generated: every use shall be so o ted that the ground
vibration inherently and recurrently generated is
5.03.01
County
issued;
the boundaries of the
,1 i,:i.I
'*.i:);/
instruments, at any point of any boundary line of
use is located;
t perceptible, without
prop€rty on which the
(3) Emissions olsmoke and particulate matter: eve use shall be operated
so as to comply with all Federal, State and County air
and standards;
uality laws, regu latio ns
(4) Emission of heat, glare, radiation and fumes every use shall be so
tion or fumes which
ing property or which
operated that it does not emit heat, glare, radi
, aircraft warning
signals, reflective painting oI storage tanks, or other uch operations which
may be required by law as salety or air pollution
exempted from this provision;
trol measures shall be
substantially interfere with the existing use oI adjoi:
constitutes a public nuis:rnce or hazard. Flaring oI
65
.,. ,, .,,1
Apfr 0 ! tflI&,i
qAtrieLD trci.tt-lTY
& CONNIE HUBBELL
8L623
431- HWY 133
,co
h 27 t l_998
Mr. Eric Mccafferty
Garfield County Planning Department
109 8th Street
Glenwood Springs, CO 81601
RE: Application for Special Use permit oo 243 Road by Lillian Reed, et al.
Dear Eric:
As it appears that the
regarding semi traffic and
agricultural area, we will
spring water bottling p1ant.
has our concerns
commercial
letter in ition to the
Sincerely,
Ralph and ie Hubbell
Reed family
an obtrusive
withdraw our
facility in a rural
o
Phorr EI3
s{-2190
*-T
RED GLEN RANCH
TBDTndCHARLES RYDEN
62I C,ounty Ro.d 216
NEW CASTLE, COLORADO 81647
;
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RE: Darret & Lillian Rced Spcciel Usc Pcrmit
Attention: Eric McCeffcrty, Plenuing Commission Membcn'
We are Dave and Denisc Doolcn, and erc edjeccnt
Spccial Ure Permit. Setting prtccdencc for commertiel operat
which ir prcdominetely rcridcntieUegnculturel' conccrnt ut t
like to cleer up the misinformrtion Roy gavc. We wcrc unlw,
businerces, we do not have en cxcrvation burincrs. Thc dump
Our conccms liled in regerds to thig permit lert year stend, Wewould
wc hed co mrny
is a small onc
do build single
to the Recd
up thc crcck,
deflI.
property
is here for our
rimple fect thet
there hdf out of
g there ic e lot
trallic
ure. We weru surprised at ell the commerciel burinessct thet crme up with.
Meybe Roy does not know becausc he too docr not livc up llhcre are
commerciel logging truckr thet use this roed but to detc thrt not been sn all
we kecp simply to hrul gravel rs necdcd for our driveway' lY
femily homeg for pcople, The badrhoe is dro used mostly for
mrintenrnce but somctimcg on jobs. It is oldcr end thcrcfore
summer process. Due to their siz, it bar impectcd our roed in
you don'l rrtrt to bc on it wheu they ere bcceuse they urudly
the middle. As you can 3Ge fiom Roy's lctter in rcponre to
of tmflic on this roed in pert duc to rccrcrtionel end hunting
accecsing thc Whitc River Netiond Forcil- Logging is r bad
the roed end hunting $earon is wor:e yet, We ene esking you
ofycar to be on
to place additional
burdens on the neridcnts by edding I commencid opcntion
year long
would operate all
Ar we statcd beforc the weter in the creek doer go end doeg not
sqrfecc egein until below thc spring. It would be cxtrcmcly to pump water
our well, whichfrorn e dry croek bed to upPly our wrtericr. It ir supplicd
atlows us to wetcr livcstock and an ecrc of ground. Thc waterier is located on thc
fence lurc bo'tween our otbor ncighbon end us to cut coct urd bcncfit both"
We do not objcct to evcrything md it is unfornrnetc rgein thrt Roy lecks the
fectg. R,E: The objcction to thc trrilcru hc refcrrcd to- If hc hed looked bedc in the
public records hc would hlvc teen thet we rigned a temporery pcrmit for them to
movc e treilcr in while thcy wcrr building but the thcn county commissioners
gnrntcd pcrrnrncnt permits. Thc betdc enrucd ouly to stnightcn up the error.
Wc stifi fccl it odd to gnant e Spcciel Usc Permit on 35 icnes in the middle of
thc ranch es a whole. It concerns us thet onco thic pcrmlt ls grentcd what does it
open the door for in the future. Pleerc givc thir ctrefirl thought bcfore coming to a
conclusion.
Thenk-You
Drvc & Denise Doolen
GAFTTELD LIOUTITY
H
I.';n
t.
02/04 '98 13:26 '-':::ff.".
475 County
New CaeEIe,
Ps.02/02
Oamara MOES
Road 243
co 81547
April 2, 1998
[46{rr{s,}f" fn
&pH 0 2 1.,?8
Erlc Mccafferty
CounEY Planner
Dear Mr. Mccafferty:
Gra.rf,rc,uD aXlur.fry
We would like to eapress our concernB reEarding ehe proposed.
special uee permit for a waEer Bot,lling Planu on Main EIk creek
by Roy, Rick and Monte Reed.
This area is a reEid.ent,ial,/agricultural based area wieh trafflc
already buay enough wit,h ghe acceea co the National Forest.
Add.ing a commercial eiEe along tshie road would add eo tshe trafflc
ae weII a6 seEtsing a precedenCe for corutercialism in one Of Ehe
few areas left untouched by d'evelopment.
Not only will thle ctrange the loca1 area but the environmental
factors need co be consldered. lhis area is habitat for a
variery of wilillife and a corurercial sice would disrupt the
normal ftow of nacure.
we are also concerned that there 1g questionB about Ehe acEual
ownership of t,he water righte and do noE f,eel the permie should
even be considered if thie ieEue is aot segEled firet,' what use
would. the building be if they do noE have legal owzrerehip to the
water Uhey plan Eo use?
As d,ownsEream regidents we are aleo cOncerned with regard Eo
having a commercial planL cloae Eo a liwe st,rean that provtdes
waeer for many people and wildlife. There are laws to protecE
etre environmenE but wilt Ehev be enforced with a commercial
site go f,ar out of Ehe populaged area.
We would hope aII areas of concern and leSa1 rights are looked
at closely before this Bpeclal use permit is congLdered, we
perBonally see more deficige raeher tshan asseEs to the communiEy
from this proposed permlt.
sincerely,O";"t fl*o
1*-"^^ {Y\""-
r"r! !,;y
oaniel ald Tamara MoBs
4o- F;< i) br"l
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To whom it maY concern,
we are Brian & Linda Harris and live at 3970 243-Road. we have several concerns
regarding the treatment plant proposed for the fleld in front of our house' While we have no
objections to free enterprise we chose this area to live in because it encompassed the agricultral
rather than industrial atmosphere
that we wanted to get awaY from.
We are .on."rn.d that once the plant is allowed to open and operate that it could
potentially be expanded to a much larger operation than proposed'
Also the increased traffic and noise from the plant itself will take away from the quiet, peaceful
enviornment that we come home to now.
with all the choices for botfled water on the market now we are also concerned about the
chance that if the buisness should happen to fail that we would have an abondoned building left
on the land.
The Reed,s have the right to use their land to make a proflt but allowing this plant to open
could open doors for other com-mercial operations to invade our creek, and change the area to
much. lf this is something that we must deal with in our future may we suggest that they pump
the water up to an area closer to their home'
Thank you for Your time
Brian & Linda Harris
't.{r-
--29 437 7A3
o
Pg. OZ/AZ
EA/OA '90 07:29
"r
Daniel and Bamara Moss
476 CountY Road 243
New cagtr€r cQ 8t647
April 8, 1998
Sincerely,
bd*, /)o-
1*,* Tfl,r""Daniel and Tamara Moss
Eric Mccafferty
Countsy Planner
After ePeaking ats
documents, Permlte
that our concerns
gile are in suPPort
Dear Mr, McCaf,fercY:
Thislett,erisinregardsEoourfirstsletstserpertainingEothe
special use perzrit for a water Botseling Plant on Main E1k Creek
by RoY, Rick and MonEe Reed'
Iengtsh wich Roy and reviewing the 1egal
and plana in your office we are confidenE
have been addreeeed-
of the proPosal as Presented'
ffifis:\Y,?r
,APR 0 B 1998
OnfSiriD C4 hr?t iY
{
Garfi eld County Planning Department
109 8th Street
Glenwood Springs, Colorado 81601
Re: Letter from Dave and Denise Doolen.
Attention: Eric McCafferty, Planning Commission Members,
I am Roy Reed, representing Lillian Reed, adjacent land owners to the Doolens. In
regards to their first concern about zoning, our property is zoned A,/R/RD, which allows
our property to be used for extraction, processing, storage or material handling of natural
resources upon approval of the special use permit we are applying for. We believe that we
can use the environmentally friendly natural resource that we have available to make a
living with our land and cause less impact to our neighbors and the environment than a
hog or sheep farming operation. We intend to use the natural resources that we have
u,ruilubl" and will follow all Federal, State, and County regulations in keeping the
environment safe. Our product is environmentally friendly, unlike other agricultural
business's that we could engage in "without permits" . We have taken all these things into
consideration and feel that a bottling facility would have a much less impact on the area
and the environment.
Our hauling water offof Main Elk will not "impact" the maintenance of County Rd
243 or affect the serenity, any differently than the Doolens dump truck with backhoe or
the use of their underrated pickup truck pulling their back hoe on County Road 243- This
road is currently used by semi's hauling hay, cattle, logs, const and farm equipment, and
truck / trailer combinations with horses and rec equipment as well as other traffic.
I used to chase milk cows before and after school on a foot trail that passes through
Doolens living room. Today we have views of Doolens shabby looking horse barn, their
dump truck, backhoe and piles of construction debris stacked along the bank of the creek,
" please see attached pictures and video". We also have to put up with them starting their
smoke machine that sprays insecticide's filling the valley with chemicals.
The Doolens are there now and I have had to accept that fact. We want it to be known
that we have taken their concerns into consideration and moved the building site as far
away from the spring and their house as we feasibly can, when in fact we could build an
agricultural barn any where on our property with out any notice to them, as they have
done. We have alsomade arrangements to rent a storage facility and use a smaller truck to
transport our water offof Main Elk Creek, which will cost us extra money and time'
I myself have had a hard time accepting the groMh in our State, but have had to
realizethat "it is and is going to keep on growing'.' As for the traffic on 7th St in New
Castle, I know first hand as my house is located at 1l 1 north 7th, I see large trucks and
semis navigate the blind curves daily. The Doolens need to "Accept" change as we have
had to ourselves.
I have not had a drink of alcohol in over 10 yrs so I personally took offense to their
grouping me with nothing but partyin g andmaking a mess' Insinuating that the bottling
Ip"ruti* would not be rinituty *ir.n in fact if that ever became the case the State
inspector would shut us down. I am a professional and will maintain any business that I do
in a professional manner.
As for the driveway we are allowing Doolens access through our property' It is not our
responsibility to mainiain it for them, we do not expect anyone to maintain ours nor does
anyone else tn this creek. Again taking Doolens concerns about maintenance on the
driveway into consideration,-we have changed the plan's again and will fork offof the
driveway at the top, therefore causing them no undue stress or any chance of our use
impacting the drivlway access. The entrance and cattle guard has been adequate enough
for their dump truck with backhoe and motor homes for years, therefore, we feel that it
will be more than suitable.
Their concern about the creek drying up in the Sumlner time is of no concern to our
operation as the spring on our land has-never dried up in the 40 years that our family has
resided on Main Elk creek. I went through the proper legal process to obtain the water
rights. If they question our ownership oithe land the records are public knowledge at the
court house.
The Doolens have greatly impacted our serenity and that of others in that they object
to everything. For instance when my mom and dad sold Denise Doolens mom and dad
Gene and Darleen Iseral property, Denice's mon and dad moved in a trailer and lived in it
until they were able,o g"t their house built. when another neighbor wanted to do the
same thing Doolen proLsted to the county that the trailer would lower their property
value.
If one looks at property values Doolen's has quadrupled since they purchased it from
our family. If any tiring is going to lower their property value I would think that it would
be their shabby horse barn.
I would also like to mention the watering devise that the Doolens mentioned in their
letter opposing our operation, was in fact nolhing more than a pump put into Main Elk
Creek. As far as I know you have to have water rights and a legal point of diversion
legally established in order to pump from Main Elk Creek
We believe the proposed cirarges have addressed all material concerns raised by the
Doolens.
Roy Reed
Sincprely
Attention: Eric NlcCaffertl', Planner 6-1-97
Plrrnning Commission Nlembers'
we are Dave & Denise Doolen, rrnd are rrdjacent land orvners to the Reed
specirrl Use Permit. we are quite concerned rvith this permit' It does not seem to
us thirt il cornrnel'cirrl Uperation of this rnirgnitude, irnd rve lealize it lvoulcl rr(rt be
th't big at first nut coitl grorv to a sizable operirtion, lits rvith the surroturding
zoning.
It is primilrily argricul ture lresidential. NIan-'- times rvhen rve herve complirinetl
rrbout the county rorrd maintentnce or cost oi rr phone lve llre told thrrt it is the price
you pay to live in "God's country"' Precisely rvhy rve moved up here rvas to get
irlf irJi from the hustle irnd bustle of city life' and norv it threirtens to move in next
door. It hrrrtlly sccms frrir to rrll thc propcrty o\Yncrs up thc crcck rvho ply
agriculture / resiclentinl tares enjo}]ng p"r"" anrl quite antl then to gr:rnt rr speci:ll
use permit to a commercial opeiaiiori*r.i.r, rvill not increlse their tlres, but rvill
g""*fy charnge the serenity of the atreal' and our lifest'v-les'
On any. gr.,* .fr.y io,, "or. furd bicyclers, horseback riders, joggers' and
rvifullife on the roa{. \\ e also have a llrge influ-r of traffic due to hunting seAson'
but this is seasonarl. There are grazing permits for-liYestock on the roard i-rorn tirne
to tirne. County rorrd 243 ,rlso hls ""iru tight and blind corners thlt are sometimes
hairy rvhen meeting someone. A lvlter noltung plrrnt rvoultl be yeirr round rvith rr
I ll2 tontrrrck ur..ip"r.or-el vehicles dailp' and four semis tr.r'eling it rveekll"
Irrve y.ou looked i"tlo 1r" impact on Nerv Castle? People rvho li'e on 7th street .re
quite unhrrppy lvith the intlu-r of traffic from castle valley' lvhich shottltl lesson once
the byprrss is in. Just as it lessons they-rvill see seluis trirYeling up irnd clorvn!
Trvo verrrs ago the school puUea bus serrice up the creek rrnd rve rvere
required to meet ttri rus at the bottom of the creek' Littte 6id rve l'inolv at the time
lrorv this lvould effect the coulty pl()w'ing of rrur t'oad, but soun ftruncl rve hird ir lUt Uf
trouble rvith ice rula,rp due to being mi.'"d lorver on the prioritl scale' The countl'
even lost ir plolv truck om tn" roild and dolvn over a verl' llrge emblnkment duc to
the pkxv getting caught 0n the ice (the truck rv0uld have nearly landetl in the mitltlle
of the bottting operrr:tion;. The trnflic incrense on this rold greltly conce.ns us'
\\re can,t r."ip t "i feel thlt this rvould greatly tle.'ease the v'lue of our"
property .iust becaui" ,.o orr. lvill lvant to look out of their front door to a
commcrcirrl bottting op""r.tior.. \\Ic rrrc illlarc of thc barn stvlc building' but rvc
ha'e already put rf,-itt the camp grorurd mess thel'ha'e createrl and nulTrerous
plfiies 1nd noise, (ivhich n o. gt"o1fi clelnetl uplhc d1y Eric NIcCaffert-v risited the
site). \\,e believe this sets ur. .,iu-pie of the contlition of the future site bv the
applicants.
we purchased the propefty in 1981 ilnd built il year lilter' our propetty n'its
one of the larst thr.ee p...."i, Reedt sp[t off ft" T.]T homesteird, erncl alt thrrt tfune
the then Cou.ty Commissioners told them they did not *'rnt to see Reed's in lb, ln1'
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GA4T $E L ii i1'1.;'.J'J'[Y
more exemptions from subdirfsion due to the number of parcels they had split off
already.
At present rve basically maintain the entire drivervly urnd have f-rom the start'
when rve first purchased the propertl'from Darrel and Lillian Reed a cotton rvood
tree atrutm".t uri.ig" n u, .o^tructei bJ' Dirrrel R-""1.- one year alter rve built' the
bridge rvas near-ly riashetl out rrntl needed replacecl. The Reed's hat'e an easement
through ir parcel erboYe us to access their propertl'. The,Y never offered to help or
irJp p:r.y t# ttr" Uriag" rebuiltli,g. \\'e ."U..itt the .ew bridge *'it6 co,crete
abutments and a railroacl flat car across, rvhich later rve upgrrrcled to concrete' We
have graveled and plolved it rvith no help from them' s9lYe can only sit back rrnd
lvo'der.1ow lvell it will be rlailtailed b-v thern. The drivelvay also is quite steep
irntl rve fight to keep the rvashborrrds to a minirnun and can only rvonder lvhirt semis
rvill do to it't 'l'he *ttt. guard rvill not rvithstlnd the rveight of these trucks' oh'
there rvirs once :'.r, ,r."ori"rn that the upper cattle gu:rrd neetled cleilnetl Out ilntl Roy
srrid he rvoulcl tlo it (they pasture horses on the propertl'rrnd they rvere getting up on
the rorrd). when t " nru*'tl.ne he 6idn't put the sufpofi hrrck in rvhich was an 8'
ririlroltl tie thrrt lvent tlolvn the middle "tO it lvas nolvhere to be lbuncl' Since the
ctttlc gurrrd lvrs ncvcr built to sprrn thc cntirc distancc rvithout support rvc hrrd to
redohisjob.Wererliditbecauservehtrvetotraveltheroatlallthetirnelntldidn't
rvirnt to see the crrttle guirrd fall aparl. The entrance is also inirdequirte to
accommodate them and rvould need to be greatly altered'
Another concern is that the creek ni. got " underground lnprglmatell' l l/2
mile [boye us arnd doesn't surfirce again till 1/{ mile d-orvnstreirm' This happens
rvhen rve ha'e ha4 a 6ry year lvith iirrclequarte snolvfirll. It hrrs hrrppenecl 70o,/" of the
16 years rve have lived ter", rvhich rve hai to instlll ur rvltering device so our horses
coukl get rvater auring the rvinter. The resurfacing cloes not take plirce till
approximately 300 feet down stream of the so cirlletl "spring"' The durirtion of time
the creek is out varies on the dryness of the yerrr predous' we also are concerned
rviththepotentialimprrcttothervatertrrblerrntlirlsoourwater'nrirdebythebottling
plrrnt. As lhr r.r nya.o-"lectricity is concernecl hzrs ir site fulvestigltion been done to
pro\re the f'easibiliiy tra aho talien into consideration the :rbsence of the creek- The
Clinetop tlitch only runs during the summer, holv tlo thel'purpose to keep fish irliye
rvithout lvirter'? ol rnake electricity?
It seems oal io grant a Splci,rl flse Pe.mit on 35 acres in the rniddle of the
ranch as a rvhole. lt co-ncerns u, that once this permit is granted lvh:rt does it open
the d00r firr dolvn the ftrad say if the pflrperty sells? Is it possible t0 grant this
permit for this project only? o"_fo. a set ieriod of time? Cr1n someone else purchlse
the propelty tlolvnihe roatl antl put in ll'hatever kind of commerciirl operation thel'
desire rvithout reconsideration from the plrrnning and zoning?
\\rc had lJcd into purchlsing thc propcr"ty of 100 or so lrcrcs' but art onc
time it rvas on the mnrket for 650,000-and ,.o t"rt"". Lrrter the price t-ell to 500,000
antl some lvater rvas addetl and never inclucled the "spring"' Reed's htve ahva-r-s
r.alued rvater, u. no"ll they should, but they typically part rvith it rather reluctantll"
LTpon checking rvith the rvater resotlrce aittiion this I'spring" locatetl on their
property hzrs never been filed on or adjudicated by them' if valued so high why rvas
this not filed on years ago? The "spririg" is the heatl rvaters to the John Roletto
ditch #l ancl rvas adjuclicated in 19i-l ,i't i"t the rights to the rvater *'ere retained b1'
the propertv orvner dorvnstream as the onll' meirns of irrigation to his propertl
inclutling an access to maintain it, rvhen the land was purcharsed by Reed's' irnd rve
question if it rvas never filed on because they never orvned it?
As you can see rve have a long running trlck record rvith the Reed's rrnd the
Reed boys irnd a GREAT nurntrer of concerns regirrding this speciirl use permit'
please consitler it very carefully as !'ou can see it ivill nof only impact us but a large
number of others whl use this road. Ple'se protect the-quietness to some degree
tlut we rrorv errjoy, ,.,,a r"""" tlris a firrnrfurg / residential conrrrrurrity.
Thank-You
Dirve & Denise Dooletr