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HomeMy WebLinkAbout2.0 BOCC Staff Report 09.09.1996 & 12.16.1996• • BOCC 9/9/96 12/16/96 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: An exemption from the definition of subdivision. APPLICANT: George McCune LOCATION: A tract of land located in Section 4, T6S, R92W of the 6th P.M.; on the west side of County Road 231. SITE DATA: 6.34 Acres WATER: Well SEWER: Individual Sewage Disposal Systems (ISDS) ACCESS: Direct access to CR 231(First Street) EXISTING ZONING: A/R/RD ADJACENT ZONING: A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject tract is located in District A - Silt Urban Area of Influence, as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981). II. DESCRIPTION OF THE PROPOSAL A. Site Description: This 6.34 acre tract is located northwest of the Town of Silt, on the west side of First Street (CR 231), south of Harness Lane (CR 236). The tract is reasonably level, with a small pond located on the northern portion. There is an existing building that is home to the Loubend Coal facility and there are a number of vehi4les and assorted pieces of equipment located on the site. See vicinity map, page B. Adjacent Land Uses: The subject tract is in an area of transitioning land uses, with residential uses south and east of the tract and agricultural and commercial north and west. • • C. Proposal: The applicant proposes to subdivided, by exemption, the 6.34 acre tract into two (2) parcels of 3.0 and 3.34 acres each. Staff would presume that both parcels would eventually be developed as single family homesites. See sketch map, page M. MAJOR ISSUES AND 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-of-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;" The subject tract was created by resolution of the Board, as an exempt parcel, in 1978, when t o p rcels of 25.14 and 6.34 acres were created. See Resolution 78- 124, pages �—F. The applicant obtained the tract in February, 1995, Book 933 Page 235, and it appears no further subdivision action has occurred since 1978. See Warranty Deed, pages /0 +/i►. Therefore, it appears this request is in compliance with Section 8:52 (A) of the Subdivision Regulations. (This application was received prior to the recent changes in the exemption criteria and is being considered under the previous criteria.) B. Zoning: The subject tract is zoned A/R/RD and both proposed lots are in excess of the two (2) acre minimum lot size requirement. There are no slope issues associated with this tract; however, portions of the tract are impacted by the 100 -year flood lain of what is known as the "First Street Basin." See floodplain map, page It would appear that, if this request is approved, there would be sufficient area to construct dwellings; however, staff recommends a plat note that indicates the presence of the identified floodplain. Given the existing structure on the tract, the new property boundaries would be required to be designated in a way that does not violate mandatory setbacks within the A/R/RD zone district. C. Water Supply: The petitioner is proposing a shared well that would provide water to the individual lots. The well has been drilled and pump -tested at a minimum of 14 gpm, which howed no drawdown during the test. See Construction and Test Report, page / . This well was originally permitted as an individual well; however, the petitioner has obtained a West Divide water allotment contract, which should allow the Division of Water Resources to permit the well for its intended use. The -2- West Divide contract and the amended well permit application are attached on pages /S • 1 7 . Staff suggests that prior to final approval, the applicants receive the appropriate well permit from the State and have the water quality tested for nitrate, nitrite and fecal coliform bacteria. D. Sewer/Soils: The proposed method of waste water treatment for both lots would be the use of individual sewage disposal systems (ISDS). According to the Soil Conservation Service, soils on-site are considered to have slight to severe constraints to building site development and when used for ISDS placement the constraints range from moderate to severe. Staff recommends a plat note to address these limitations. E. Access: It appears that both proposed lots would be accessed from County Road 231, which runs adjacent to the eastern boundary of the tract. Staff contemplates no significant issues with this access; however, staff recommends the applicant consult with Road and Bridge and receive additional driveway permits, if necessary. F Fire Protection: The Burning Mountains Fire Protection District has submitted a letter stating the subject tract • within its district and that they do provide fire protection. See letter, page. Staff recommends the inclusion of a plat note to address wildfire mitigation. G. Easements: All required easements for access, utilities, water supply, etc.,will be required to be shown on an exemption plat. H. School Impact Fees: The applicant will be required to pay the S200 school impact fee for the creation of the exemption parcel. Potential Road Impact Fees: Upon adoption of a road impact fee by the County, 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. 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. •3- • V. RECOMMENDATION Staff recommends APPROVAL of the petition, 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 in School Impact Fees, for the creation of the exemption parcel. 5. That the following plat notes be included: "Portions of this property lie within the designated, 100 -year floodplain of the First Street Basin. If any development is proposed for the area within the designated floodplain, it will be subject to applicable County, State and Federal review and permitting." "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." "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 "Determining Safety Zone Dimensions, Wildfire Safety Guidelines for Rural Homeowners," (Colorado State Forest Service) 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 lots created by this exemption shall be subject to paying the fees, paid at time of building permit application, paid by the building permit applicant." "The individual lot owners shall be responsible for the control of noxious weeds." • hi • • 6. That, prior to the authorization of an exemption plat, the applicants consult with and receive an approved driveway permit(s) for the proposed access, from the Garfield County Road and Bridge Department, if required by Road and Bridge. 7. That all well permits be issued by the State Engineer's Office, the water quality be tested for nitrate/nitrite and fecal coliform bacteria and a water sharing declaration be recorded, prior to the authorization of an exemption plat . 8. That the recording fees for the exemption plat and all associated documents be paid to the County Clerk and Recorder prior to the signing of a Final Plat by the Board of County Commissioners and a copy of the receipt be provided to the Planning Department. 9. That the exemption plat submittal include a copy of a computer disk of the plat data, formatted for use on the County Assessor's CAD system. 10. That both lots shall conform to all provisions of the Garfield County Zoning Resolution of 1978, as amended, and in effect at the time of authorization of an exemption plat. 11. That the following provisions be included in the protective covenants governing the exemption parcels: One (1) dog will be allowed for each residential unit within an exemption and the dog shall be required to be confined within the owner's property boundaries, with enforcement provisions allowing for the removal of a dog from the area as a final remedy in worst cases. No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. 5 Satc,c 2 c 00 t • .04:2J-;-• . •I - / tin- • • • 1_127, I ! ••••,, 1••• = ' — 11( :-• ,•••,,,, . z-- \\ - - , 1.c\--,-----7.,_,‘, t • ./) / ,-- ,,,„__,„,H.:_.„-----......„,.._ , (--i-----z.,, / 7 ,..; " t'•R 92..:V1-.. /,-.---------. \ ---- ---- ' -. , •V‘,.. ,_, .._„''az-lc.4.. • ,7-----7— „.....,--- ;,----, ,-, ,.(-,. ' .7..,........_.2,‘, „ ,--- • .--.., • , r -..., • (----- ° t r • r• • ---. .9, \ ,-.... . , 0 7 t Mi.. r., ... .... ...1.1... .s., ",, \ ..... ‘.... ....'-....--........: 'A 1. .. c'-`, 0) / . • .:. i ..4,,L....,........ r.".\.1..,,,.... ' !--7. • ,..`-'7"..." 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A> IXI3LV\, IUC./SCARICW AND WALKER Suite 204 Remington Square Rifle, Co. , 81650 A\ parcel of land situaterlin the SLS SU% Section 4, Tc»in.ship 6 :Ruth, Range 92 c..est of the Si:cth Principal P'erirtian lying Southerly of the :'cutherly Pinht-of-May Of County Reception 13. tS"";7ird-i!..:.L- Elia Stephens, Recorder `ter .BEFORE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO F.ESOLUTION NO. 78 -4)4 aunx 520 Nui%09 • WHEREAS, Kay R. Larson has petitioned the Board of County Commissioners of Garfield County, Colorado, for an exemption under C.R.S. 1973, 30-28-101 (10) (a) -(d) as amended, and the Subdivision Regulations of Garfield County, Colorado, adopted September 1, 1972 and amended April 14, 1975, Sections 1.02.17 (d) and 3.02.01, for the division of a 25.14 acre tract into two (2) tracts of approximately 18.8 acres (hereinafter tract "A") and 6.34 acres (hereinafter tract "B"), more or less, and said 25.14 acre tract and tract "B" are more particularly described as follows: 25.14 acre tract All that portion of SEkSE'-c of Section 4, Township 6 South, Range 92 West of the 6th Principal Meridian, lying Northerly of the Lower Cactus Valley Ditch (Grand River Ditch), Westerly of County Road No. 231 and Southerly of County Road No. 236, with the exception of those parcels of land as described in Document Numbers 212291, 186210, and 216256 of the Garfield County records. Tract "8" A parcel of land situated in the SEkSEk of Section 4, Township 6 South, Range 92 West of the Sixth Principal Meridian lying Southerly of the Southerly line of County Road No. 236; Westerly of the Westerly line of County Road No. 231; Northerly and Westerly of those parcels of land as described on Document Numbers 216256, 186210 and 212291 as recorded in the Clerk and Recorders office, Garfield County, Colorado; and Easterly of a fence as constructed and in place mire particularly described as follows: Beginning at the section corner common to Sections 3, 4, 9 and 10, Township 6 South, Range 92 West of the Sixth Principal Meridian, said corner located' near the intersection of 1st Street and Grand Avenue to the town of Silt, Colorado; thence N 49049'50" W 444,75 feet to the True Point of Beginning, said point being on that line as described by metes and bounds on Documents No. 186210 and No. 177983; thence leaving said line and alongside a fence as constructed and in place N 00°43'16" W 999.22 feet to a point on the Southerly right-of- way line of County Road No. 236; thence along said Southerly right-of- way line S 89°30'24" E 310.00 feet to a point on the Westerly right-of- way line of County Road No. 231; thence along said Westerly right -of -:ray line S 00°31'04" E 746.00 feet to a point on the Northerly line of Document No. 216256; thence along said Northerly line S 89°22'00" W 50.00 feet; thence alongside a fence S 00°49'CO" E 100.81 feet to a point on the Northerly line of Document No. 186210 and No. 212291; thence along said Northerly line N 89°22'00" W 138.77 feet; thence along side a fence S 00°37'10" E 192.56 feet to that line as described on Document No. 177883 and No. 186210; thence along said line N 59° 07'00" W 34.38 feet; thence N 74°51'00" W 92.64 feet to the True Point of Beginning. Said parcel of land contains 6.34 acres more or less. There is reserved a 17.5 foot strip of ground lying Northerly and adjoining that line as described on Document No. 177883 and No. 186210. WHEREAS, the Petitioner has demonstrated to the satisfaction of the Beard of County Commissioners of Garfield County, Colorado, that he desires said (-) 0 Br 520 PA!;E2IO 4/ exemption for the p, -ops- of resale of said tract "B" into single-family 1111 residential acreage, and; WHEREAS, the Petitioner has demonstrated to the satisfaction of the Board of County Commissioners of Garfield County, Colorado,that there is a reasonable probability of locating domestic water on each of said tracts "A" and "B", that there is adequate ingress and egress to said tracts, that the location of septic tanks will be perrnitt,d by the Colorado Department of Health, that the requested division .s in accordance with the general purposes and intent of the Subdivision Regulat_ons of the State of Colorado and the County of Garfield, and should, therefore, be exempted from the definition of the terms "subdivision" and "subdivided land" as set forth in C.R.S. 1973, 30-28-101 (101) (a) -(d) as amended; NOW, THEREFORE, upo-1 the motion of Richard C. Jolley, seconded by Eleven J. Cerise, and carried, said 25.14 acre tract of land is hereby exempted from such definitions and said tract may be divided into two (2) tracts of 18.8 and 6.34 acres, more or less, all as is more fully described above, and said divided tract may be conveyed in the form of such smaller tracts without further compliance with the aforesaid subdivision statutes and regulations. Further, this exemption is granted on the condition and w'`h the express understanding and agreement of the Petitioner that no further exemptions be granted on said tract "B". A copy of the instrument or instruments of conveyance when recorded shall be filed with this Resolution. Dated this 1 th day' of November, A.D., 1978 13� Attest: Deputy eof the B.:rd of Coun Commissioners Garfield County, Colrcado THE BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, COLORADO By: -2- s ues, Chai.�ran f.. 575047 8-933 P-235 03/02/95 04:00P PG 1 OF 3 M112I ALSDOPF-GARFIEIDOad:TY CLEFT AND RECORDF3t I • 1• n led ret Y 735 OARF IL1.D --- - --- CAIIBONDALE. CO 11623 .. M or r C•..7 d °A/LT! LIS r 5r.r M COLORADO VIT POMETR. T1s tbe vara. C.. r U ....tern.. .f o,. ..r et good and .■1Y•D1• consideration and tan DOLLMS or tsar r rdklamr of e•1d Y bra6y r.•w.wrI ... pee., arsa•a•l. m141 r d•'.✓. W by dawn para der Pr. brpr. W. er..7 r se.M10. •t.Y. pts, 1Y Yea r ro far. ar. N W r •.•.s, haver .V amerve.raria. N err, saws. Ara .N be. it r 4 Car, M OAAIILLD r 1.d. M Celertee dr+' -' u (0100: HE EXHIBIT •A• l • •f TOCITHT2 w r r r.1 •••••••.• r r..re.. —.eller r ...teres.. rte, err W orb real. r el dr err. Mr. We. rat. dr r did Nr ewer d W veer. rem . N or ern... e W to era. sawn truer power, web dr Wedowee r .•.rater . . TT) HAVE AMD TO )HMD rer r ptr.e... bap 4 r debt, .web 0• Neto+. r W par• r am r r.•a. fennel Ar W L.at. fee brawl( . be Si. or/ treed wormer.. der es..•r . pr. Winos. r ear r W YO Wer erre km torr twos J. r d. ear M U. wool err r).rr armor per.. 6. •r..0 ad d dr prover err rarer. r Pd. re. dries. Wort r =so .4 'armor. As S . r fon ter.., or bat or Asst. ti prr r Yt/S tarn re rt. Bros. sal or wary J. r r rarer or bow he Maerd. r re. O• r re — r dt Rt J Isar W eraer per.. •.At. raw. Imo. We.imemes.h. r.a.Jrr r rrrSS•d ./ Now ter Or e. rawer. drrl real property a.• for the year 1995. not rat due or p.yabt.. and Cho.. 1tea• •• •.t forth on .•hiblt 'B' attached hereto and rad. • part Mreot • TY ..err er1 r M walU AMTY AND FORME DEFFID W rroorrowd Ar In J. reel W pert p creed d W 0.10. hos Year rood. Yr el or or) pram er ewer Wert) dry J• aWo of w pen Orr. The .pr.t 41.11 wire W pore. W pre W mgrs. W W r M en roes r.R b Nitre•. r ..1 sorra M WI TIKSI sal:MEM W in.., 11•1•140.01 err dr ...Me r fan! .es... •h' TRANCES J. SLACX "n777rft R: GEORGE RCCIINE 775 GARFIEID CARBONDAIZ. CO 8167] a. 4,+1`'.. .: ::2 l• :wawa ', t'�C sap.. L•;,i}i t _ c • d 1,4,44 on. w.aun. ,- �..,. IPAnCF.s .1. 11! -ACX • F.O. SOX 381 SIL"„CO 8165: 1 Y. • 4. ' • 475047 P. P-238 03/02/95 04:00P 90 2 OF 3 A parcel of land situated in the 301/4011/4 Section 4, Tp. 6 South, Rang. 92 meet ..f the Sixth Principal Meridian lying Southerly of the Scuts:.rly lin. of County Road No. 236; • Westerly of the Westerly lin. of County Road Mo. 231; Northerly and westerly of those parcel. of land deecribed on Document Numbers 216236 and 212291 as recorded 1n the Clerk and Recorder Office, Oartl.:d County, Colorado; and Easterly of • !once as con.truct.d and in place more particularly described •. follow, Spinning at the section corner common to Sections 3, 4, 9 and 10, Township 6 South, Range 92 West of the Earth Principal Meridian, . aald corner located near the intersection of 1.t Street and Grand Avenue, to this town of 311t, Colorado; thence N. 49 degree. 49'50• M. 444.'5 feet t0 the True Point of Spinning, said point being on that lin. ■e described by metes and bound on Document Mo. 186210 and No. 177883, 00....'lea.ing said lin. and alongside a fence a• constructed and !n place 9. 00 degree• 43'16. 0. 999.22 feet to a paint on the southerly right of .ay lin. of County Road No 236, thence along said Southerly right of .ay 11n. 3. 89 degree. 30'74' 0. 310.00 feet to • point on the Wester ly right of .ay line of County Road No. 231, thence along maid westerly right 7f .ay line 3. 00 degrees 31'04. 3. 746.00 feet to a point on the Northerly line of Document Mo. 216256; thence along said Northerly line 3. 89 degrees 23'00' W. 30.00 feet; thence 3. 00 degree. 49'00' 3. 100.81 feet to a point on the Northerly line of Oocueent Mo. 212291, thence along said Northerly line N. 89 degrees 22'00' N. 138.77 feet, thence S. 00 degrees 37.10. 0. 192.56 feet to that line as described on Document No. 177883 and No. 186210, thence along sand lin. N. 59 degrees 07.00. 8. 34.38 feet; thence R. 74 degrees 51.00' W. 92.64 feet to the True Point of Beginning. • I • EXHIBIT &-933 P-237 03/02/05 04:00P FG 3 OF 3 Right of that proprietor of ■ vein or lode to extract and rannve his orm therefrom, should the same be found to penetrate or• intersect that premises hereby granted. as reserved in United States patent recorded August 31, 1153 1n Rook 12 at page 244 as Reception No. 16216. Right est way for ditch.. or canal. constructed by the authority of the United States, as reu.rved in United Stat.. Decent recorded August 31. 1153 1n took 12 at 0.ge 244 a Reception No. 14216. t...eent and right of way for salntenance am granted to Mouncaln States Telephone and Telegraph in the instrument recorded in Book S0 at Page 430 ss Reception No. 42632 , 1n Mich the specific location of the easement is not defined. Reservation of an undivided on. -half interest in all oil. . q.. and other mineral rights, as reserved in the Deed to Millar A. ' Alley recorded March 21, 1072. in Book 263 at Dag. 464 as Reception No. 171817. and any and all ..signsent■ thereof. or interests therein. Terme, rendition., obligations and previsions of Resolution No. 71.124 issued by The Board of county Con.aiasieo.rs recorded . December 13. 1571 1n Book 320 at Dag. 300 a■ Reception No. 250727. • I el• X7'11 �I e(71 In= A o nc.NO E a§ y 2 4 2 rr r 9 z §8 _ 2 9 O z a r leg a r • r s c I0 - m r O 0 O -13 N 2 m rnN O s -n r 0 O 0 0 Z —I D m 0061> 2 26 r�z0 0 D O Drm D p0u) G) r 000-1Kz cz z� - N 0 4> o(0 tv0 2cn9 z0 0 E P1 o FORM NO. GWS -32 10/94 - PUMP INSTALLA1•J AND TEST REPORT STATE OF COLORADO, OFFICE OF THE STATE ENGINEER • For Office Use only 1. WELL PERMIT NUMBER / ? / c1 — %t a OWNER Mailing City, Phone NAME(S) Phi ( QJ) G ( ,,t -� Address ,2 ? 3 d f / ; t rvq . (3 St. Zip (d i4/>°) Co(c' or -)(‘,S -C) ( '300) Co o2.5- — 6) >a 3 3. WELL LOCATION AS DRILLED: S (� 1/4 5 6--- 1/4, Sec. ( Twp. (2 , Range c) (V C 6 - DISTANCES FROM SEC. LINES: 8 S7 ft. from SO c. 1 Sec. line. and (3-0 ft. from i`4s l Sec. line. FILING(UNIT) , SUBDIVISION: STREET (north or soutfiT (east or west) LOT BLOCK ADDRESS AT WELL LOCATION: 4. PUMP DATA: Type C -c4 Installation Completed 1 - i' --9 (2, Pump Design Pump ADDITIONAL Manufacturer G-ock (mss Pump Model No. (a /- T S Y 2�- GPM / U at RPM 3 Y5-9 , HP /j- , Volts A 3 e) , Fuld Amps ? - Intake Depth 7 / Feet, Drop/Column Pipe Size / r" Inches, Kind . INFORMATION FOR PUMPS GREATER THAT 50 GPM: TURBINE DRIVER TYPE: ❑ Electric ❑ Engine Design Head feet, Number of ❑ Other Stages , Shaft size inches. 5. OTHER EQUIPMENT: 7 . Monitor Tube Installed ❑ Yes ❑ No, Depth ft. Airline Flow Meter Installed ❑ Yes LJ No, Orifice Depth ft. Meter Mfg. Meter Serial No. Readout ❑ Gallons, ❑ Thousand Gallons, n Acre feet, ❑ Beginning Reading . 6. TEST DATA: ❑ Check box if Test data is submitted on Supplemental Form. /,?-1- 7 /o Total Static Date Date Well Depth i L Time / : 3 G IL): hN Level 3 io ` Rate (GPM) / y 9F i,v1 Measured /#2- / - ? G Pumping Lvl, 3 G' 7. DISINFECTION: Type 11 / I-IAmt. Used 3 -0. S - 8. Water Quality analysis available.❑Yes LJ No 9. Remarks r v' tr c.(6'tc S ! !! c/, J, O o 4/ -e I I, Q u` 4 c)so c.� -, w cam. S O c /) r f t1 e L.,w z: 1( i s vt--e-?- A G 5 vt o f b -e r. p -i- 7( o , r¢ 7c i a( ,\.! e • 10. CONTRACTOR Mailing I have [Pursuant degree read the statements made herein and know the contents thereof, and that they are true to my knowledge. to Section 24-4-104 (13)(a) C.R.S., the making of false statements herein constitutes perjury in the second and is punishable as a class 1 misdemeanor.] n cc r v t- (I SO rc tis e (-. Phone ( i g ?- L 3-c7.4 9 tic. No. / as > . Address Name/Title ( (Please type or print) ryk�L 1 SOUt-cUtSt ! �Hi Signature �J/ cr-6,..)---/-e--e/ G Date / 142 -9is l_3 - .14 Contract No. 960912PM (a ) Map ID No. 232 Date Activated 10/17/96 APPLICATION AND DATA FORM TO LEASE WATER FROM WEST DIVIDE WATER CONSERVANCY DISTRICT A. APPLICANT 2//.1. Name Address X73! Telephone Number Authorized Agent /� 1 l_0_11g JO 1-1 . 1 9' 7n / l -v7a or Representative �%��(.016 1-(1\1 STP-bVt o ..0 5 J B. WATER RIGHT OWNED BY APPLICANT Name of Right (.� ).' 7/ Type of Structure or Right LIJz 1/ Location of Pointof Diversion eocto/ TG-P l S SnFf . F,fp„ /‘;,0 Ff • Frory, 1?; Sa_v1 s SE 1/4 Water Court case No. /V //4 Well Permit No. C. INTENDED USE OF LEASED WATER Location of Area of Use (Include description of property on which May be attached as Exhibit A) Xah <c it_/4 Sp f c7,., �f►S� Aiez, complete and accurate legal water right is to be used. Total Acreage 3 Description of Use , h -- Com re Number of Dwelling Units Proposed. Potable Water System (_-0,3g_77 Proposed Waste -Water Treatment System f2A EL /.d , S, Projected Monthly Volume Jan. June. Nov. Annual of Leased Water Needed in Gallons: Feb. Mar. Apr. May July Aug. Sept. Oct. Dec. Total Gallons Acre Feet Maximum Instantaneous Demand gpm D. OTHER REMARK Date 7// /76 Signature Form No. OFFICE OF THE ST ENGINEER GWS.25 COLORADO DMSIMOF WATER RESOURCES • 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT PHIL MCCUNE 2730 HWY 13 RIFLE CO 81650- (970) 625-0703 PERMIT TO CONSTRUCT A WELL 1027 WELL PERMIT NUMBER /9/6/4 DIV. 5 CNTY. 23 WD 39 DES. BASIN MD Lot: Block: Filing: Subdiv: APPROVED WELL LOCATION GARFIELD COUNTY SE 1/4 SE 1/4 Section 4 Twp 6 S RANGE 92 W 6th P.M. DISTANCES FROM SECTION LINES 850 Ft. from South Section Line 150 Ft. from East Section Line ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDf1lONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(c) for the relocation of an existing well, permit no./91/Froe4 roe4 . The old well must be plugged according to the Water Well Construction Rules within ninety (90) days of completion of the new well. The enclosed well plugging report form must be completed affirrning that the old well was plugged. 4) The use of ground water from this well is limited to ordinary household purposes inside one (1) single family dwelling, fire protection, the watering of domestic animals and poultry, and the irrigation of not more than one (1) acre of home gardens and lawns. 5) The maximum pumping rate shall not exceed 15 GPM. 6) The average annual amount of ground water to be withdrawn shall not exceed 1.5 acre-feet. 7) This well shall be constructed not more than 200 feet from the location specified on this permit. n (7) OWNH } APPROVED JD2 Receipt No. State Engineer 0391910B DATE ISSUED DEC 1 4 1995 By EXPIRATION DATE 'DEC 1 4 . 1997 G - /6 COLORADO DIVISION OF WAIKR RESOURCES DEPARTMENT OF NATURAL glrOURCES 1313 SHERMAN ST., RM. 818, DENVER CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 RESIDENTIAL (Note: You may also use this form to apply for Review instructions prior to completing form 1. APPLICANT INFORMATION 6. USE OF WELL (check appropriate entry or entries) Name of applicant 1'1(iig)(er,-(oe Mailing Address �U 1 Sjvc:.t, City State zip code Telephone Number (include area code) 2. TYPE OF APPLICATION (checpp)icable box(es)) See instructions to determine use(s) for which you may qualify — O A. Ordinary household use in one single-family dwelling (NO outside use) I72" B. Ordinary household use in 1 to 3 single-family dwellings: Numper of dwellings: 0,2 Home garden/lawn irrigation, not to exceed 1 acre: area irrigated `� 0 sq. ft. 0 acre VIDI Domestic animal watering — (non-commercial) O C. Livestock watering (on farm/ranch/range/pasture) O Construct new well Use existing well O Replace existing well 0 Change / Increase Use O Change (source) aquifer 0 Reapplication(exired permrt) O Other: 7. WELL DATA Meumtrn ptmping rate / 5J gpm :were sawn: w :.... i;,hdn.:n acre-feet 3. REFER TO (if app(icable)0 Total depth 1 feet Aquifer C fGi � t 1 5 Water court case 1 Permit 1 / /C,/ A 8. TYPE OF RESIDENTIAL SEWAGE SYSTEM Verbal 1 -VE- Monitoring hole acknowledgment 1 MH - Well name or 1 4. LOCATION OF WELL (vSeptic tank / absorption (each field O Central system // District name: W / / C c Yt r : ki ! c1 C—C4 % ? d O Vault CUCc u'.17 j� c.c !rS 1 r 1 , Location sewage to be hauled to: O Other (attach copy of engineering design) County Quarter/quarter /� /4 Quarter S /37- 3/4 9. PROPOSED WELL DRILLER (optional) Section y Township N or S ❑ E] Range E or W V ❑ ta'" Principal Merw,an Nan, OC err (/ Sa Lace,s< r.m t er 10. SIGNATURE of applicant(s) or authorized agent Distance of well from section lines 4'5-0 ft. from El N'3J' S %()0 ft. from 0 W Wel lo.atron address. rf drffesett from applicant address rit applicable) 32COt.tA .)3 1 For replacement wells only - distance arta dire tion from old well to new weir N4- feet. direction 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 they are true to my knowledge. 5. TRACT ON WHICH WELL WILL BE LOCATED Must be ariAnal signature A. You must check one of the following - see instructions O Subdivision: Name Lot qo. Block no. Filing/Unit County exemption (attach copy of county approval & Name/no. Tract no. O Mining claim (attach copy of deed or survey) NarDe/no. survey) /Other (attach legal description to application) L xewgOj!i1.-r /u'74. -a/t'Let/. Title Date OPTIONAL INFORMATION USGS map name DWR map no. Enface elev. B. STATE PARCEL ID# (optional): C. # acres in tract 3'1 D. _Aree you the owner of this property? L�'YES 0 NO (if no - see instructions( E.�Will this be the only well on this tract? GK.'S tS ❑ NO (if other wells are on this tract- see instructions) Office Use Only DIV CO WD BA USE MD livestock watering) Water Well Permit Application Must be completed in black ink or typed Form GWS -44 (11/95) 11 • Burning Mountains Fire protection District Box 236 Silt, CO 81652 Board Ross Talbott - Chairman Joe Montover Sean Mello Tom Voight Gordon Witzke June 21, 1996 To Whom It May Concern: Don Zordel - Chief Stu Cerise - Assist. Chief This is to inform you that the property located at T6S, R92W on the corner of 236 Road and 231 Road is in the Burning Mountains Fire Protection District and we do provide fire protection to same. Sincerely, Donald L. Zordel, Chief Burning Mtn. FPD -/8