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HomeMy WebLinkAbout2.0 BOCC Staff Report 04.15.1996BOCC 4/15/96 PROJECT INFORMATION AND STAFF COMMENTS REQUEST; An exemption from the definition of subdivision. APPLICANT: Robert & Barbara Eanes LOCATION: A tract of land located in Section 25, T5S, R91W of the 6th P.M.; approximately 1.5 miles northwest of New Castle, along County Road 245. SITE DATA: 40 Acres WATER: Well SEWER: Individual sewage disposal systems ACCESS' County Road 245; easements EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located within District A - New Castle Urban Area of Influence and District F - River/Floodplain Severe Environmental Constraints, as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981). II. DESCRIPTION OF THE PROPOSAL A. Site Description: This 40 acre tract is located approximately 1.5 miles northwest of New Castle, along County Road 245. Main lt easternand cornerEast ofElk the property through the tract and confluence near the sou Vegetation on the tract generally consists of pasture grasses in the meadows, which transitions to pinion and juniper occupying the steeper slopes of the southwestern corner. Aside from the southwestern corner, the slope on the majority of the tract is relatively gentle. There is an existing residence and associated agricultural ildings located in the northeastern corner of the tract. See vicinity map, page • B. Adjacent Land Uses: Adjacent land uses consist largely of single family residences and agricultural tracts. C. Proposal: The applicants propose to divide, by exemption, the 40 acre tract into two (2) parcels of 3.9 and 36.1 acres. The smael would be devler parcel ld elopedist of the as a single family g structures and staff assumes the large parc homesite. See sketch map, page do III. MAJOR ISSUES41iND CONCERNS A. Subdivision Regulations: Section 8:52 of the Garfield County Subdivision Regulations states that "No more than a total of four (4) lots, parcels, interests or dwelling units will be created, from any parcel, as that parcel was described in the records of the Garfield County Clerk and Recorder's Office on January 1, 1973, and is not a part of a recorded subdivision; however, any parcel to be divided by exemption that is split by a public right-qf-way (State or Federal highway, County road or railroad) or natural feature, preventing, joint use of the proposed tracts, and the division occurs along the public right-of-way or natural, feature, such parcels thereby created may, in the discretion of the Board, not be considered to have been created by exemption with regard to the four (4) lot, parcel, interest or dwelling unit limitation otherwise applicable;" A deed submitted with the application (attached, page • '' ) indicates the petitioners obtained the tract in 1978, and are making this exemption request based on the 'natural feature' criteria of Section 8:52 (A) of the Subdivision Regulations. As stated, East Elk Creek flows through the northeastern portion of the tract, effectively dividing the tract into two (2) parcels. The proposed division does occur along the natural feature and, in the discretion of the Board, it could be considered to prevent joint use of the tract. B. Zoning: The tract is within the A/R/RD zone district and both proposed parcels are in excess of the two (2) acre minimum lot size requirement. C. Water: The existing home is currently served by an exempt, domestic well and, apparently, was approved by the Division of Water Resources as th only well on a 40 acre tract of land. See well permit # 112299, pages g • 7 . For this application, the petitioners applied to the Division for a new, exempt domestic well that would be located on the 36 acre tract and requested that the existing domestic well still be permitted for the historical uses including use in up to three (3) single family dwellings, etc. See narrative, page / b . The Division reviewed the well permit application (page • 1 ) and found that, since the original well permit (#112299) was approved as the only well for the entire 40 acre tract, they could not issue an additional well permit for any new lots that would be created, due to the Division's determination that a new well would deprive senior vested water rights and other related reasons. See letter from the State Engineer's Office, pages la • 1, • Therefore, the SEO amended the original well permit to allow the well to be a water supply for up to three (3) single family dwellings. If this well is intended to serve the lot that would be created, it will be subject to a four (4) hour pump test and additional water supply criteria, to be presented prior to the authorization of an exemption plat. D. Sewer/Soils: The applicants propose to serve the larger parcel with an individual sewage disposal system for waste water treatment. According to the Soil Conservation Service, soils on-site where future building would likely occur, are considered to be of two (2) different classes. The soil upstream of the confluence of the creeks is designated as Chilton channery loam, a generally deep, well-drained soil with moderately rapid permeability. The soil found in and near the creeks is classified as a Torrifluvent, generally a deep well-drained to somewhat poorly-drained soil found on floodplains. When used for building site development and the location of ISD systems, the Chilton soil is considered to have slight constraints. On the other hand, since the Torrifluvents are associated with floodplains, the SCS gives no constraint analysis and recommends an "on-site investigation" when proposed for "community development." E. Floodplain of East Elk and Main Elk Creeks: The designated, 100-year floodplains of East Elk and Main Elk Creeks have been mapped and do occur on portions of the tract. See floodplain map, page' it • . Staff recommends a plat note be included to address the limitations caused by the floodplain. F Access: Although it is not specifically stated by the applicants, it would appear that access to both parcels would be from an existing, 20 foot access easement, across an adjacent (Huber) property, to CR 245. See easement, page /q . This easement has been recorded with the deed to the property and staff sees no special problems associated with the increased ingress and egress uses of the easement as the volume of access is not stipulated. It would be necessary for the applicants to designate, on an exemption plat, an easement across the smaller parcel to the larger parcel and record the easement at time of final approval. G. Fire Protection: The Silt -New Castle Volunteer Fire Protection District has responded, indicating the property is with the District's response area and that they would continue to provide protection to the parcels. See letter, page 40 Staff recommends a plat note to address wildfire mitigation. H. Easements: Any required easements for drainage, utilities, access, irrigation ditches, water supply, etc., will be required to be shown on the exemption plat. School Impact Fees: The applicant will be required to pay school impact fees of $200, for each lot created by this exemption. J. Potential Road Impact Fees: Upon adoption of a road impact fee, the lots created by this exemption will be subject to paying that fee; paid at time of building permit application, paid by the building permit applicant. This provision shall be included as a plat note. IV. SUGGESTED FINDINGS 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed exemption is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION If, in the discretion of the Board, the Board feels that East Elk Creek creates a sufficient impediment to joint use of the tract, staff would recommend APPROVAL of the application, pursuant to the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval. 2. A Final Exemption Plat shall be submitted, indicating the legal description of the property, dimension and area of the proposed lots, access to a public right-of-way, and any proposed easements for setbacks, drainage, irrigation, access or utilities. 3. That the applicant shall have 120 days to present a plat to the Commissioners for signature, from the date of approval of the exemption. The Board may grant extensions of up to one (1) year from the original date of approval. 4. That the applicant shall submit $200.00, per lot, in School Impact Fees for the creation of the exemption parcel. That the following plat notes be included: "The minimum defensible space distance shall be 30 feet on level terrain, plus appropriate modification to recognize the increased rate of fire spread at sloped sites. The methodology described in "Protection of Life and Property From Wildfire, 1991 edition," (National Fire Protection Association) shall be used to determine defensible space requirements for the required defensible space within building envelopes in areas exceeding five (5) percent grade." "Upon adoption of road impact fees by the Board of County Commissioners, the new lot created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." "This exemption was approved based on the use of a central well and shared water e a system. There is no assumption that a householdof and that was createdi by b hi e pe endabptiolen water supply. Any purchaser of a parcel reserves the right to use the proposed central water supply." "It is recommended that the shared well system approved for this exemption should have either an individual water storage tank, minimum capacity of 1000 gallons, be installed at each lot or a central storage tank, the sizing shall be aminimum of ld be 1000don gallons per lot created and served by the central water system. This e at time of building permit application at the expense of the building permit applicant." "Soil conditions on the site may require engineered septic systems and building foundations. Site specific percolation tests at the time of building permit submittal shall determine specific ISDS needs on the site." 6. The control of noxious weeds shall be the responsibility of the landowner. 7. The applicant shall receive any necessary driveway permits, for each lot created, from the County Road and Bridge Department, prior to signing of an exemption plat. 8. That, if the water supply is to be shared, the applicant shall demonstrate that an adequate supply in both quantity and quality exists for the lots to be created. Criteria for demonstrating the quality, quantity and dependability of a well or a shared well system: a) A 4 hour pump test shall be performed on the well; b) The applicant supply, to the Planning Department, the well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the 4 hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge shall be submitted to the Planning Department; d) A written opinion of the personconducting number of roposedst lot andthis be submitted be adequate to supply water to t p to the Planning Department; e) An assumption of an average of no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; fl If the well is to be shared, it isrecommended 1000that the gallons for each for lot water storage tanks of no less (required at time of building permit application); g) A discussion of the mechanical components of the shared well system to include the pump, water supply line, storage tank and other components (for shared well systems); h) A legal, well sharing agreement which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs and how assessments will be made (for shared well systems); i) The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. 4r/61i/6P 14c / 5 IIS �ti� 4463 11 NE (DEEP CREEK POINT) • I i'p ILS 0 (•(' \I �1. ) I r fili )) ) • 113 ii 111 1t. 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Rcaepuun A'„_. 2 H.7)( 1,2). 1 iteeOrdr,lt.7_.------"'clo,k ../7 .\I., THIS I) ED, Made this 151:11 19 78 ,hetween SIDNEY HILLER day of May `.7/4LSrt:.,7 Cerin der. 1 '318 CJJU,K) 32 of the County of Garfield and Stale of Colorado, of the first part. and ROBERT C. LANES and BARBARA 1.. LANES whose legal addrossi, 7325 Flower Street, Arvada, CO. 80005 Ill 1 ()1111 Lit S S'F A.l lr $lldl POL51,i[ii1P.if6 F[E '1 bo x Ca11x yfAlan l.'p'. oak x11 ttr3l:x tut totn::clrarl:t. of the second part: \VITN l SS1:T11, that the said part y of the fine part, for and in consideration of the suns of Ten dollars and other good and valuable consideration XIOI;TelEi (. to the said part y of the firm part in hand paid by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents do es grant., bargain, sell, convey and confirn, 111110 the said parties of the second purl. their heirs and assigns forever, not in tenancy in common but in joint tenancy, all the following described lot or parcel of lana, situate, lying and being in the County of Cert. field a rid State o(Colorado, to sc it: The parcel of land described on EXHIBIT ONE annexed hereto and incorporated herein by tills reference. also known ns street and number no at rootdumber (vacant land) . TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part y of 1),r first part, either in law or equity, of, In and to the otiose bol gained premises, will, i 111 hereditaments anti r.;lpu: teoar.80,. TO HAVE ANI) TO IIOLD the said premises above bargained and described, with the appurtenances, unto the said parties of the second part, their heirs and assigns forever. And the said part v of the first part, for It int self , h1S heirs, executors, arid administrators do es covenant, grant, bargain and agree to and with the said parties of the second port, their heirs rind assigns, that at the limn: of the ensealing and delivery of these presents he is well seized of the premises above conveyed. as of good, sure, perfect, absolute and indefeasible estate of Inheritance, in law, in fee simple, and haS good right, full power and lawful authority to grant, bargain. seri and convey the some in manner and form aforesaid, and that the sante are free and clear from all former and other g.rnnts, bargains, soles, liens, laves, assessment and encumbrances of w ,ak• er kind ar nature soe- er, _Sob ect to buildingand zoning regulations• general taxes for i.§t8 due and payable nuary 1, 1979 which parties of the secon part assume and agree to pay; U.S. patent reservations of recon prior recorded resp vaCi ns o- except ns of oil as and other minerals; record6d ditch easements and rights-of-way; oil ani gas le,ise re- corded in Book 473 at page 166 of Garfield County records; and the above bargained premises in the quiet and peaceable possession of the said parties of the second part, their heirs and assigns, against all and every person or persons lawfully clniming or to claim the whole or any part thereof, the said party of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF' the said part y of the fins port ha s hereunto set his hand and seal the day and year first above written. Signed, Sealed and Delivered In the Presence of STATE OF COLORADO ss County of Garf leld Sidney Filler '('Inc foregoing instrument was acknowledged before 11011113 15th ;197✓}by Sidney Miller. ?Sty cu nuuis siunexpire, 8/1. 2/8 1 , 19 . Witness I0y 1,8x1,1 and official seal. (SEAL.] day of May V (SF 41) l'0° c.0 -Lam, 6-(0=-11:" -0 No,.ry rvblir L), , No.921. n'.,1111AN-31' nl:l:n T..J,,0'rT,,,.ne.—nr.A1.,r,11'al.i,.l.i,,n ro na'1le!:I,,,,t8lr,.1,11..11,<r. C,.,nr.J.,-:.13 in 11.11 SEO-0I R 010 5 Application must be complete where applicable. Type or print in BLACK INK. No overstrikes or erasvros unless initialed. FEL:305-945-5065 Hpr 10 96 COLORADO DIVISION OF WATER RESOURCES 101 Columbine Bldg., 1645 Sherman., Denver, Colorado 80203 P-.ERMIT APPLICATION FORM ( )p, PERMIT TO USE GROUND WAT EI; (*) A PERMIT TO CONSTRUCT A WELL PERMIT TO INSTALL A PUMP FOR:) 1A ( ) REPLACEMENT FOR NO. ( ) OTHER (1) APPLICANT - mailing address NAME Robert & Barbara tArnes c o jThbert Mayo STREET New Castle Colorado 816 CITY 8160 (Slate) (ZIP) TELEPHONE NO. _181.4-2737 (2) LOCATIPI OF PROPOSED WELL County 'Garfield Y. of the gld 91 Twp.S v, Rng. Y., Section 2_ 5 -`— tj 6th P.M. (3) WATER USE AND WELL DATA rr++ Proposed maximum pumping rate (gpm) ZJ --- Average annual amount of ground water to be appropriated lacre-teel): Number of acres to be irrigated: none Proposed total depth (feet): Aquifer grlund water is to be obtained from: unknown Owner's well designation detect GROUND WATER T4 BE USED FOR: (4) HOUSEHOLD USE ONLY - no irrigation (0) 2 10:25 No .005 F.02 RECEIVE! DEC 191$7 /ITER 11€§9lIR§P POE ftla)I►FEJI FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN Receipt No- --/I- /.. — — — Basin ---.____ Dist. CONDII IONS OFAPP_(iSZ!/AL This well shall be used in such a way as to cause no material injury to existing water rights. he issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. APPROVED PURSUANT TO CRS 1973, 37-92-602 (3)(b)(II) AS TSE ONLY WELL ON A TRACT OF 35 ACRES OR MORE DESIGNATED AS 4410ACKLS IN NE r/y irlr'-� �,„2 r S S , /2-. 1 te5L. 16./Zf, - — - APPROVkID FOR DOMESTIC USE, INCLUDING TEE IRRIGATION OF NOT OVER ONE ACRE OF HOME GARDENS AND LAWNS. (# I DOMESTIC (1) ( ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL_ (4) ( ) MUNICIPAL (6) ( ) OTHER (9)_ _ (4) DRILLER 11ounta-1 n pry 111 ng Name_:.�-------------- ---- ----- Street—P_oX.-3:.n -.-' ---.— f arrcndhle ('olor'tdo City— 87.623 (71p) Telephone No. _(.)V.—r14-J-d---- t•Ic. No. —697 ,g A Conditions of approval continued on page 2. 9-3 3-4)--/(0 APPLICATION APPROVED PERMIT NUMBER DATE ISSUED x` 1979 EXPIR • DATE v D. ` f, ^� 1 1981 STATE ENGINEER) I.D COUNTY (S) THE LOCATION OF THE PROPOSED WELL and the area on which the water will be used must be indicated on the diagram below. Use the CENTER SECTION (1 section, 640 acres) for the well location. + — _i- .- f— — -1— —1-- -- —I— — { -- + — - 6 I !Al --1 MILE, 51280 FEET --- i`1 1 + y + + I + I I I I NORTH SECTION LINE I. I NORTH `i— tu_ z 0 i^ 0 w - N 0 0 z SOUTH SECTION LINE —i- i The scale of the diagram is 2 inches a 1 mile Each small square represents 40 acres. WATER EQUIVALENTS TABLE (Rounded Figures) An acre-foot covers 1 acre of tend 1 foot deep 1 cubic foot per second (cfs.) . . 449 pillions per minute Igpm) A family of 5 will require approximately 1 acre-foot of water per year. 1 acre-foot 43,500 cubic feet ... 325,900ons.4.42 ecrtrfeat. 1,000 gpm pumped continuously -for one day produces (6) THE WELL MUST BE LOCATED BELOW by distances from section linos. _269n _ ft. from Niatt L , sec. line (north or south) 29110 >^,a s t ft, from _ sec. none LOT BLOCK SUBDIVISION_.JIMA (7) TRACT ON H LOCATED Owner:Rt-art & RaxhRm 0 - ..: Will this be -ries \ (Oast Or west) FILING* a ► . E No, of acres the only well on this tract? 'i I ��) PROPOSED' -CASING PROGRAM Plain Casing `_ _5 iCSCn. from _„i ft. t0 ___in, from ft. to Perforated casing 5 ____ in. from _1.00 _ff. tt . l?O 100 ft ln. from ft. to_ ft. ` ft. (A) FOR REPLAdEMENT WELLS give distance and direction from old well and plans for plugging it: r (10) LAND ON WHICH GIWVND WATER W1LLV_U E_V; Owner(s): Ro ert & Barrara > nes _ • r No- of acres: -- —1Q Legal description- 141 ^ (11) D.LTAIL. 1 _PEsC—al)'T,tQ-N of the use of ground water: FlokAclv,id ',cf nod doroo56c well to be used. 40'46441444 r++vst loci:ecce type of disp:•so: 5y5le••, (12) aTELLELWATER_RIGHTS used on this land, including wells. Used for (purpose) Type or right Description of land on which used (13) THE APPLICANTS) STATE(S) THAT THE INFORMATION SET FORTH HEREON IS 'MA) TO T. E B f OF HIS KNOWLEDGE. SIGNATURE OF APPLICANT(S) Use additional sheets of paper it rnore spare is regvired. SEO-WTP DIV 5 TEL Date: Division of Water Resources Attn: Ground Water Section 1313 Sherman St Room 818 Denver CO 80203 R.:: Request for Permit t 1 12299 Amendment Dear Sir: Apr 10 96 10:27 No . 00> P.06 c= C,EtVFt) NAR1 STATE OIIONEF_R (?k0 We want to amend our well permit #112299 to be used for up to 3 single-family homes and to be used for household and watering of lawn and -garden and some horses, and the well on this permit is on 40 acres. We are going before the 13oard to divide our 40 acres, one 36 acres more or less, and. ane 4 -acres more or less. This well is located on the 4 -acre tract that will he created. We are responding to Policy Memorandum 93-4 dated 12/22/1993 and signed by Hal Simpson, State Engineer. We have also applied for a new well permit (Pending Receipt No. 396309) for the 36 acre -tract that will be created, for use in up to 3 single family dwellings, watering of domestic animals, and irrigation of not more than 1 acre of home gardens and lawns, as outlined on the "New 35+ acre residential" application form. We would appreciate your prompt attention to this matter. Thank you in advance. S incere iy, / --Az) 7 Robert C. lanes and Barbara l,. Eanes 1679 County Road 245 New Castle CO 81647 Phone: (970) 984-2447 ID . - COLORADO m°W1'SION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main; (303) 866-3581 NEW 35 + ACRE RESIDENTIAL Review instructions nor to co ' letin form 1. APP CANT INFORMATION Nemo of applicant Robert C. E<nss & T?arbar?. L. f'6 MaBing Addreee 16"19 County Roar' 7"5 State .. co Telephone Number (include area code) (970) 913A -24 e7 2. TYPE OF APPLICATION Zip code 1647 CONSTRUCT A NEW WELL ON A TRACT OF LAND OF 35 ACRES OR MORE No 3. REFER TO (it a ,Iicebte): Monflotlno hole eckrwwledament * MH- N/A 4. LOCATION OF WELL -county Garfield Townehlp Mor S S ❑ ric Diatoms of well from esetlon fires omencattuonor NE ''114 Renge E or W 91,❑) °mortar FEB 0 996 W'A1ER nEsnunf s STAT El 3,itivi Water Well Permit Application COLO Must ' e come leted in black ink or 6. USE OF WEU. (check a' t ro t 'ate ent or entries) 17A. Ordinary household purposes in up to 3 single-family dwellings, the watering of domestic animals, and the irrigation of not more than one (1) acre of home gardens end lawns El 8. Livestock watering (on formlrenchlrangelpeature) S11 114 P,inolpal Meridian 6 t �l 3505 f fromlaN f3 We(I tooation eddeess; if different from applicant address (lf applicebio) /A 5. TRACT ON WHICH WELL WILL BE LOCATED nom ❑ E n A. ATTACH LEGAL DESCRIPTION FOR tS + ACRE TRACT t Development Name Lot no. Di Other 7. WELL DATA MAXIMUM PRODUCTION RATE OF THE WELL SHALL NOT EXCEED 15 GPM 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM 3cSeptic tank / absorption leach field 0 Central system D)strlct name: ❑ Vautt Looean eewape to be hauled to: ❑ Other (:ttaoh Dopy of enpineodno dee"�'iI Unit 1i APPLICATION DENIEDR EIL SEE TiTT11CTTED g. STATE PARCEL — s--3 O O 7 ID# teptional)_ ,?3 Ia C. # arYea in tract 36.109 9. PROPOSED WELL DRILLER (o , *anal) 0. THIS WILL BE THE ONLY WELL ON THIS TRACT b -FJ Name 10. SIGNATURE of applicant(s) or authorized 1)Ioent The making of false statements herein constitutes perjury In the second degree, which is punishable as a lass 1 mis- demeanor pursuant to G.R.S..VI.4.104(13)(a). I have read the statements herein, know the contents thereof and state that they aro true to m knowled til Moe Vise rdy Noah 3 gg9 /Wel) 1 1>. r 2/8/96 oWR tAa; No. yo F' DIV`I CO WD_ BA USE MD Form GWS -50 (12195) COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 NEW 35+ ACRE RESIDENTIAL Review instructions •rior to com,letin form 1. APPLICANT INFORMATION Name of applicant & parbara I.. l:;,nf.,s Mailing Address 1679 County Roar..t 2nd City Neta Ca s t l e State Telephone Number (include area code) (970) 9ft -7 2. TYPE OF APPLICATION Zip code 0116^7 t' VCO [� 0 l) 1996 Water Well Pet�plack k or t Must be conleted in 6. USE OF WELL (check appropriate entry or entries) IEC1 A. Ordinary household purposes in up to 3 single-family dwellings, the watering of domestic animals, and the irrigation of not more than one (1) acre of home gardens and (awns i1 B Livestock watering (on farm/ranch/range/pasture) CONSTRUCT A NEW WELL ON A TRACT OF LAND OF 35 ACRES OR MORE Monitoring hole acknowledgment # M H - nl / 4. LOCATION OF WELL County riat-{' iF1C Section Township N or S Distance of well Irom section lines Quarter/quarter N E 1/4 Range E or W 91 ❑ El Quarter S W 1/4 Principal Meridian h 7. WELL DATA MAXIMUM PRODUCTION RATE OF THE WELL SHALL NOT EXCEED 15 GPM ?r;0- ft. from n N ❑ S. Well location address. if different from applicant address fit applicable) N A 5. TRACT ON WHICH WELL WILL BE LOCATED A. ATTACH LEGAL DESCRIPTION FOR 35+ ACRE TRACT El Development Name Lot no.__ Unit # Il Other B. STATE PARCEL ID# foptional): 3.3 - _2/2S C. # acres in tract 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM ® Septic tank / absorption leach field ❑ Central system District Horne: _ Vault _----_—_— ❑ Vault Location sewage to be hauled to: __ ❑ Other (attach copy of engineering design) D. THIS WILL BE THE ONLY WELL ON TIIIS TRACT 9. PROPOSED WELL DRILLER (o tional) License number Name /7 10. SIGNATURE of applicant(s) or authorized agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 mis- demeanor pursuant to C.R.S. 24-4-104(13)(a). I have read the statements herein, know the contents thereof and state that ttyy are true to my knowledge;. Title i - Office Use Only 1.,1;� , il.fy,,. t.,`c�,•,�M,riit V.11:At.) t.f n , 1 ;ab. t 1i Date 2/9/96 DWR Map No. DIV CO WD BA USE MD Form GWS -50 (12/95) 5E0 -WTI✓ D1V 5 Post -ft- Fax Note 7671 TEL 7 1313 Sherman Street, Roam 818 Denver, Colorado 110203 Phone 4303) 8(16-1581 FAX 130:11065-35119 Mar 29 96 15:49 No.005 r.u1 RECEIVED MAR 2 9 1996 3TATE OF COLORADO March 20, 1996 Roy Ro,ner () rnor )amct. S. l.ochhca,l Cxcc.,ti..e Dircc,+or Simw.on State Eog4Rer Robert C. and Barbara L. Eanes 1679 County Road 245 New Castle, CO 81647 HE: File No. AD- AIRS-4— Dear Mr. and Mrs. Eanes: sub ect application for a permit to construct nie ed ll has c tion. denied Enclosed is a The j copy of the Findings of the State Engineer and your de pPare entitled to request a hearing you desire such a hearing, you submit you he State Pursuant to Engineer t Revised Statute is37-92-502(3)(e),60 days of noticeyomust the submit before the State Engineer to contest this decision, ithin sixty t a written tothe fileonumber r a i shownaboto ve.a� Statee Engineer. referring In makin inquiries regarding this denial, please contact Jeff Deatherage of this office an d 9 refer to the file number shown above. Sincerely, 4, Fr:::71- David J. Fox Professional Engineer 1l DJFIjd Enclosures cc: Division 5 /Form #0580(9) AEU -ll I k U1V 5 TEL Mar 29 96 15:50 No.005 P.02 FINDINGS OF THE STATE ENGINEER IN THE MATTER OF AN APPLICATION FOR A PERMIT TO CONSTRUCT A WELL IN WATER DIVISION NO. 5, GARFIELD COUNTY, COLORADO APPLICANT: ROBERT C. AND BARBARA L. EANES 4 FILE NO,: AD - In compliance with C.R.S. 37-92-602, Robert C. and Barbara I_. Eanes, (hereinafter "applicant") submitted an application for a permit to construct sources the State Engineer finds asa well. Based on information ed follows: applicant and records of the Division of Water 1. The application was received complete by the State Engineer on February 9, 1996. 2. The proposed well will be located In the NE 1/4 o1 the SW 114 of Section 25, Township 5 South, Range 91 West, 6th Principal Meridian, 3. The proposed location is outside the boundaries of a designated ground water basin. 4. The proposed maximum pumping rate of the well is 15 gallons per minute. 5. The applicant proposes to apply the water diverted r single-family well to the e following ollo ings, the wbeneficial f uses: Ordinary household purposes in up 9 domestic animals and livestock on a farm or ranch, and the irrigation of not more than one acre of home gardens and lawns. 6. At the proposed location, ground water diverted by the well would be hydraulically connected to Elk Creek, which Is a tributary of tho ltmovement of water in thosenatural streams o River System. nersion o f ground water by the well will influence the rate or direction and their alluviums. acre parcel 7. The applicant has proposed to locate ctlon 25his . l on aThe � tie � Vs of the SW described Becton 25 as a portion of the NE V4 of the SW Va of was previously designated by permit no. 112299. Permit no. 112299 was issued on the f 40 acres condition that it would be the only well 8� � arcoI designat©d bynthls application overlapsfied as the NE 1/4 of the V of Section 25. The entire 36.109 parcel the area of the 40 acre parcel designatethe therefore the permit presumptions This as statedl n n C.R.S. ot be the only well on the referenced parcels, application is considered pursuant to the 37-92-602(3)(b)(II)(A) do not apply, and the app provisions of C.R.S. 37-92-602(3)(b)(1). B. Elk Creek, and the Colorado River System are overapproprlated. At some or all times of the year, the water supplies of said stream systems areinsufficient to satisfy all the decreed water rights senior to an appropriation by the app 9. The withdrawal and consumptive use of ground water by the proposed well would deprive senior vested water rights of water to which they would have bean entitled absent the withdrawal by the applicant. SEO-LJTR DIV 5 TEL Mar 29 96 15.51 No.UU5 r.u0 Page 2 Applicant: Roberti a rbara L. Eanes File No.: AD - 10, No plan for augmentation to remedy the injury to vested water rights has been approved by the Division 5 Water Court. Based on the above, the State Engineer finds that the vested water rights of other appro- priators will be materially injured. The application is therefore denied. {L Dated this day of Prepared by: JD 396309.ad/Form #0546(h).mrg 19_1 Hal D. Simpson State Engineer By: David J. Fox Professional Engineer 11 ;AEU-WfR. C1IV 5 TEL.:303--945--5665 offi(: OE 1111 STAT [ ENGINEER Division of Waver KeSOuice5 Department of Nnwral Resources 1313 tihri m.u, Sueet, Kiwm fl1 ft Denver. CoIor,,dn alu!O ('hone 13011 866-3$87 1 nX (30)) fiL6- 3589 ROBERT- C. AND BARBARA L. EANES 1679 COUNTY ROAD 245 NEW CASTLE, CO 01647 Apr/As n 10 9610 :� 'IJJNuo .003 P.05 STATE OF COLORADO March 26, 1996 HE: f errnit no. 112299 Dear Mr. and Mrs. v=anes: Noy N)o ' Govetooi i_inei S. toclhhcad Ecac.aive Ui, lCtn' 1 Ial D. Simpson State rnginecr Enclosed is your amended permit reflecting the use change to Include three single family dwellings. -This change does not affect the size of the parcel originally deslgnat©d by this permit. The condilionS of this permit still require this to be the only well on 40 acres described as the NE 1/4 of the SW 1/4 of Section 25, Twp. 5 South, Rng. 91 West of the 6th P.M. If you have any questions, please contact this office and retoronce this letter and the above permit number. /fid Enclosure(s) It - Sincerely, Jeff Deatherage Engineer SEO -WTR DIV 5 ILL : 3u.5 --945.-1.Joot.; Permit No. 112299 Robert C. and Barbara L. Ernes ripr 10 '�6 10 : _ .:)U3 Page 2 Pursuant to Policy Memorandum 93-4, the conditions of approval of permit no. 112299 are changed to: 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction and Pump Installation Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 17. 3) Approved pursuant to CRS 37-92-602(3)(b)(II)(A) as the only well on a tract of land of 40 acres described as the NE 1/4 of the SW 1/4 of Sec. 25, Twp. 5 South, Rng. 91 West of the 6th P.M., Garfield County. 4) The use of ground water from this well is limited to fire protection, ordinary household purposes inside three (3) single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The return flow from the use of the well must be through an individual waste water disposal system of the non -evaporative type where the water is returned to the same stream system in which the well is located. 7) This well shall be located not more than 200 feet from the location specified on this permit. 3 -a6 -q' q 6W. t• ni0 rc m o A ap a 9 s a I, t N N w 1 U) go • 1' l8' CEJ 87. (0 cU 5JIU i'AcE 'J3 EXHIBIT ONE l'hc NL;`_1.0, Section 25, Township 5 South, Range 91 West of the Sixch Principal Meridian, concaininl; 40.08 acres, more or less. l'ogeLher wltl, a uciliry easement 20 Leet In 1:10th lying Southerly �f the Westerly boundary line of Garfield Cuuncy, Road Nu. 245 and being 20 leer al 311 puincs Westerly of the East line of rhe 5l o'; of said Secciun 25, said easement being more particularly described as Collows: Beginning at clic Southeast Carer of clic _E11;,PAJI; of said Section 25, thenoo S. 89"11'40" 1:., 10.00 feet along the Southerly line of said SEOW .; Lo a puinc on the centerline of said utilf.cy easement; thence N. 00°02'00" W. 416.62 trier along said centerline 10 a puinc on the WcsLerly righc- ol-u.y line of said Cuuncy (toad. 1'ogerhe r uiLh a strip of land 20 feel in width 10 be used as a road access easement, being 10 feel on each side of rhe following; described centerline: Beginning ar rhe SuuLI uasL Cu Tc, of the 5E'•;1V41, of said Section 25, thence S. 89°11'40" 11. , 10.00 feet aloin; the Southerly line of said 0EIrl144; ru a pmol on clic cenrerl lne of said load casement., being rho cru[ point of beginning of said centerline; (hence N. 00"02'00" 41. 314.25 lett along said ccn1erllnc; [mento N. 37°56'07" 14. 189.33 feel along said centerllno; thence N. 07°14'00 49.00 feel along said eenccrlinc; Lhence N. 19142'00" W. 59.00 fuer along said centerline; [Bence N. 26°25'00" W. 92.00 feet along said cenrecline; thence N. 22°57'00" 0. /6.00 feet, along said centerline; thence N. 37"18'00" W. 91.00 fool along said ceiierline; hence 0. 45°36'00" W. 57.00 feet along said centerline; thence N. 1411)1'00" W, 86.00 feet along said centerline; Lhence N. 06"45'00'1 E.. 82.00 feet alum; said centerline; thence N. 10`33'00" 1J. 86.00 feet along said centerline; thence N. 07°39'00" W. 97.00 feet along said centerline; thence N. 13"50'00" W. 53.00 feet along said centerline; thence N. 15°26'00" 0. 84.00 feel along said centerline; thence 1:. 23°48'00" W. 97.00 feet along said ceucerline; thence N. 10"37'00" W. 32.00 feet along said centerline co a puinc in the eallre1 of an exlsLing lane; cheoce N. 60°06'03" L. 62.00 foot til a point. on the Westerly right--of-way line oC said County Road, whence the North Quarcer corner of said Section 25 bears: N.18157'53" C. 1212,03 foot. Together wlch all eater and eater rights, ditches and diccl: rights appurtenant to u.1 used upon said real prupercy including hoc nor necessarily limited 10 (1) a 2./23.8 share (approximaLeiy 8.5 per cent) of Lhe 0.8 cis out of Priority 11o. 145 A awarded the lleggarty Enlargement of the Curyell. Ditch, and (2) 1.00 is of 1111gaciun uacer out of the Larson Ditch awarded in 'dater Case No. 331 in Water Division Nu. 5, State of Colorado. All water and ditch rights are conveyed wlthou1 covenants of title. TOGETHER WITH an easement for ingress and ('44)0ss over the following described parcel: A scrip of land 20 tees in width co be used as a road access casement sfroaued in rhe SE1/4\W1/4 of Section 25, Township 5 South, Range 91 West_ of the Sixth Principal Meridian, being 10 feet on each side of Clic following described centerline: Beginning ac. rhe Southeast corner of said SEl/4N111/4, thence S 89°11'40" 0, 10.00 leer .[long the Suoncerly line of said S01/4NW1/4 Lo a point on said ccnLer1lnc; (lienee N 00°02'00" 0, 314.25 feet along said center- 11ne; thence N 37"56'07" W, 189.33 leer slung said centerline; Lheucc N 07"14'00" 1.1, 49.00 fuer along said centerline; thence N 19°42'00" W, 59.00 fuer along said centerline; thence ;I 26°25'00" W, 92.00 fuer along said centerline; thence N 22°57'00" 0, 76.00 feet along said centerline; thence N 37°18'00" W, 91.00 feet along said centerline; thence N 45°36'00" W, 57.00 feel along said centerline; thence N 18°51'00" 11, 86.00 feet along said ceorerline; thence N 60°06'03" E, 75.00 foci, urore or less, co a point un rhe Wes telly right-af-way line of County Road No. 245. l9' EANIJS Board Ross Talbott -Chairman Williem Montovcr Sean Mello Cary Schroeder Gordon Witzkc Silt -New Castle Volunteer F.P.D. Box 236 Silt, CO 81652 July 12, I')T) Don Zordel - Chief Stu Cerise - Assist. Chief '1'o Whom i.L May Concern; This is Lo conIi.rm Lha Inc property owned by bob lanes at1679 County [2d. 24'.) is within 13urniny Mountains Loire Di.strict. We do provide fire I.,roteuL_ion LOF same. 'l'lravlk You, Donald 1. 'Loisciel Di_sLri.ct Clrei L ao