HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning Department
108 8th Street, Suite 201
Glenwood Springs, Colorado 81601
Telephone: 970.945.8212 Facsimile: 970.384 .3470
www. qarfield-countv. com
Exemption from the Definition of Subdivision
GENERAL INFORMATION
ffo be completed by the applicant.)
LocationofPropertyl Rt'l - ?t? Corrnty Roarr,) Street Address / General
New Castle- C0
F Legal Description of Parent Property:See Attached Exhibit A
P Size of Property (in acres) as of January 1, 1973:47.27
Current Size of Property to be Subdivided (in acres):47 .27
Number of Tracts / Lots Created lncluding remainder of Parent Property: 2
Proposed size of Tracts / Lots to be Created lncluding remainder of Parent Property:
o Lot#: A containing 42'0gacres
o Lot#: B containing 5'iBacres
o Lot #: containing acres
o Lot #: _ containing _ acres
o Lot#:containing acres
) Property's Zone District:
Ron Rogers
Name of Propertv Owner (Applicant):
Address: lB75 Century Park
City:LA State: cA Zip Code: 90061 FAX:$Z_*!j2_
) Name of Owner's Representative. if anv (Planner. Attornev):
Mark E Ham'i lton, Esq; Caloia, Houpt & Hami lton, PC
c/o Ron Ro
East,Ste 310-552-6922
Address: 1204 Grand Ave Telephone' 97 0 -9 45 - 6067
61ry. Glenwood SPri ngs State:CO Zip Code: 81 6 0 1 FAX: 9 45-6292
STAFF USE ONLY
) Doc. No.:Date Submitted:- TC Date:
ngt& Lisa Specht L'iv
Cerom,lHlouPt t HaruurroN, P.C.
ATTOR.NEYSAT N-AW
SHERRYA. CALOIA
trEFFERSON V. HOUPT
MARKE, HAMILTON
MARY ELIZABETH GEIGER
CYNTHIA F. FLEMING
I2o4GRANDAVENUE TELEPHONE (970)945-6067
GLENwooD SPRINGS, coLoRADo 81601 FACSIMILE (970)945-6292
Sende r's e mail : mham@s oP ris.ne t
April6, 2005
Fred Jarman
Mark Bean
Garfield County Planning Department
108 8th Street, Suite 201
Glenwood Springs, CO 81601
RE: Rogers Subdivision Exemption
Dear Fred and Mark:
Enclosed please find an Application for an Exemption from the Definition of
Subdivision, which we submit, along with this letter and the enclosed notebook, on behalf of our
client, the Ron Rogers and Lisa Specht Living Trust.
The following serves to address the Application Submittal Requirements, and is
numbered consistent with the information requested on page 2 of the Application under such
heading.
l. Narrative. My client wishes to split off a 5.18 parcel from a 47 .27 acre property
known as Govemment Lot 2, located on his ranch south of New Castle. The original ranch
residence is located on the parcel, and it currently serves as the residence of the ranch manager.
No fuither development is contemplated at this time, nor is my client proposing any changes
from the current methods of sewage, water or public and private road usage. The remainder of
my client's property will continue to be part of a historical ranching operation.
2. Sketch Map. A Map, at a minimum scale of l":200' showing the legal
description of the property, dimension area, and legal description of all proposed lots or separate
interests to be created, access to a public right of way, and any proposed easement for drainage,
irrigation, access or utilities, is included in the enclosed notebook. Please note that the title of the
plat map will be changed to "Rogers Subdivision Exemption of Government Lot 2" and will
appear as such at all subsequent stages of the exemption application process.
3. Vicinity Map. A vicinity map, at a minimum scale of 1":2000' showing the
general topographic and geographic relation of the proposed exemption to the surrounding area
within two (2) miles, is included in the notebook.
ROGERS-exemption application
FNI
CALoIA, Houpr & HAMILToN, P.C.
Garfield County Building & Planning Dept.
April 6, 2005
Rogers Subdivision Exemption
Page 2
4. Deed. A copy of the Quit Claim Deed evidencing ownership by the Ron Rogers
and Lisa Specht Living Trust is included in the notebook. This deed was recorded on April 6,
2005 at Reception No. L a \ ??Y
5. Names and Addresses.
a. Owners of Record of land adjoining or within 200 feet of property:
(l) Bureau of Land Management, Glenwood Springs Field Office,
50629 Hwys 6 &24 Glenwood Springs, CO 81601
(2) Richard D. and Kay D, Morgan, 0293 County Road 313, Silt, CO
81652.
(3) Michael W. and Kenda R. Spaulding,l60l County Road 313, New
Castle, CO 81647.
b. Mineral owners and lessees of mineral owners of record of the property to
be exempted:
Stephen Arthur, P.O. Box 55, Rangely, Colorado 81640.
c. Tenants of any structure proposed for conversion: N/A
6. Evidence and Characteristics of Soil Types. Please refer to Exhibit E in the
attached notebook.
7 . Source of Domestic Water. See Well Permit No. 251 I I l, Exhibit F in attached
notebook.
8. Sewage Disposal. The sewage disposal method will be ISDS.
9. Fire District Letter. Based upon conversations with Brit Mclin, the Fire Chief
for the Burning Mountain Fire District, which serves the parcel at issue, it is my understanding
that subsequent to the submittal of this initial application, and not before, we should solicit a
letter of approval from the district.
10. Community or Municipal Water Supply. N/A (the property will be served by a
well and a private sewer system).
I l. Existence of Parcel on January 1, 1973. The chain of title evidencing that the
legal description existing on January l, 1973 matches the legal description of the property owned
by Mr. Rogers, is as follows:
ROG ERS-exemption application
FN-I
Cal,ora, HoUPT & HAMILTON, P.C.
Carfield County Building & Planning Dept.
April6, 2005
Rogers Subdivision Exemption
Page 3
a. In 1946, Government Lot 2 was owned
Arthur, evidenced by a Deed recorded
Garfield County real estate records;
Loren W. Arthur and Mary E.
Book 219 at Page 261 of the
by
in
b. By Deed recorded in the Garfield County real estate records in Book 452
at Page 267 on October 23, 1973, Loren W. Arthur and Mary E. Arthur
conveyed to James D. Peterson and Heather M. Peterson property
including Government Lot 2.
By Warranty Deed recorded in the Garfield County real estate records in
Book 750 at Page 545 on March 13, 1989, Heather McFarlin Peterson
conveyed to Ronald J. Rogers and Lisa Specht property including
GovernmentLot2:
d. By Quit Claim Deed, recorded in the Garfield County real estate records at
Reception \6.b+l1?Ysn April 6,2005, Ronald J. Roger and Lisa Specht
conveyed to the Ron Rogers and Lisa Specht Living Trust Govemment
Lot2.
t2.Base Fee. The $300.00 base fee is included with this submittal.
13. Two Copies of Submittal Documents. This letter, the attached application form
and the materials in the notebook are being submitted in duplicate.
Please do not hesitate to call me with any questions or comments or to request further
information. My understanding is a planner will review this submittal within fifteen (15) working
days for technical completeness, at which point we will be contacted regarding the status of the
application. I look forward to hearing from you. Thank you for your time and assistance.
Sincerely,
MEH/cff
Enclosures
cc: Ron Rogers, w/enc.
ROGERS-exemption application
FN.I
CALOIA, H AMILTON, P.C.
Mark
(e._".*.J_ .l f uIos
B-sk- \ 6"G
QUIT CLAIM DEED Oeqpt*- tl
RONALD J. ROGERS and LISA SPECHT, whose address is c/o Rogers &
Associates, 1875 Century Park East, Suite 300, Los Angeles, CA 90067 (hereinafter
"Grantors"), for and in consideration of ten dollars and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, hereby selI
and quitclaim to THE RoN ROGERS AND LISA SPECHT LIVING TRUST, whose
address is c/o Rogers & Associates, 1875 Century Park East, Suite 300, Los Angeles, CA
90067 (hereinafter "Grantee"), its successors and assigns, forever, all of Grantors' right,
title and interest in and to the following described property, together with improvements,
if any, located in Garfield County, Colorado, to wit:
GOVERNMENT LOT 2, SECTION 18, TOWNSHIP 7 SOUTH, RANGE
91 WEST OF THE 6rH P.M., more particularly described as follows:
BEGINNING AT THE NWl/16 CORNE,R OF SECTION 18,
TOWNSHIP 7 SOUTH, RANGE 9I WEST OF THE 6TH PRTNCIPAL
MERIDIAN, A BRASS BLM CAP WHICH IS ALSO THE TRUE
POINT OF BEGINNING: THENCE S00 DEGREES 3J'18"8 1317.97
FEET TO A BLM BRASS CAP, THE W1/16 CORNER OF SAID
SECTION 18, TOWNSHIP 7 SOUTH, RANGE 9I WEST OF THE 6TH
PRINCIPAL MERIDIAN; THENCE N89 DEGREES 53'25"W 1566.33
FEET TO A BRASS BLM CAP BEING THE W % CORNER OF
SECTION 18, TOWNSHIP 7 SOUTH, RANGE 9I WEST OF THE 6TH
PRINCIPAL MERIDIAN; THENCE N00 DEGREES 09'18"E 104.15
FEET TO A BLM BRASS CAP; THENCE N00 DEGREES 04'18"W
1215.82 FEET TO THE Nl/16 oF SAID SECTION 18; THENCE S89
DEGREES 48'45"8 1553,27 FEET TO THE TRUE POINT OF
BEGINNING. SAID PROPERTY CONTAINING 47.22 PLUS OR
MINUS ACRES AS DESCzuBED.
TO HAVE AND TO HOLD the same, together with all appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate,
right, title, interest and claim whatsoever, of the Grantors, either in law or equity, to the
only proper use and benefit of the Grantee, its successors and assigns forever.J
- IN WITNESS WHEREOF, Grantors have executed this deed on this )) day of -ts!--,2oos.
FOR TITLE PURPOSES ONLY-NO CONSIDERATION REQUIMNG REVENUE
(ay 4<b
u+r+Y
ROGERS-QCD-Govemment Lot 2
FNI
Afler recording, please relum to'.
Mark E. Hamilton, Esq.
CALoIA, HoUPT & HAMILTON, P.C.
1204 Grand Ave.
Glenwood Springs, CO 81601
Quit Claim Deed
Rogers/Specht
Page 2 of 2
STATE OF )
) ss.
)CoLTNTY Or LoE hyuLcs
Acknowledged, subscribed, and swom
by RonaldJ*qes
-'i,i; i7e,dh gnt'
WITNESS mY hand and official seal.
My Commission Expires: 't ( fn [og
srArE wLl&> )
coLrNrY ou ht &.ylal"
Acknowledged, subscribed, and sworn
by ffirt. Pa*u( 7 R''frrch/
WITNESS my hand and official seal.
My Commission ExPires: /o'f-ob
to before me this )t- day of fuL; 2005,
ConmuonI ItAl3TE
Notory Rrbilc' Cctflfotnlo
Los AngFb6 County
My Comm. ExPtes APr 6, 2008
to before me this )>4 Auy ot&-, 20A5,
Notary Public
ROGERS-QCD-Govemment Lot 2
FNI
AJier recordirtg, ltlease retwtr to"
Mark E. Hamilton, Esq.
CALotA, HoUPT & HAMILToN, P.C.
I 204 Grand Ave.
Glenwood Springs, CO 81601
ELLIOfi J. FILS
Gommission# 1323047 z
NoLrry Public - Caiiiur$ia *
Lss Angeles Csunty
My Co$m. Elglircs (}{i li, 2C05'
1
NiFLE AF=,A., CCLORADO
56-To r;'i o rth enis-Cain oo rih i C s"H c cit c ut*rcp c o i'ir-
piex, sieep. This broadly definerj unii consists of ex-
posed sandsione and shale bedrock, lccse siones, and
soiis thai are shailor,v to cjeep over sandsione and shale
bedrock ancj stony basaiiic aiiu';ium. Thls co;"nplex
occurs throughcut the su,'vey area. The sciis anci out-
crops are mocjeraiely steep to very sieep. Slope rang=s
from 15 io 70 percent.
Torricrihents make up abcui 45 pei'ceni of ihe cci-,r-
plex, Cambcrihids make up 20 psrcent, ano Rock out-
crop makes up 15 perceni. The Tori'ionhenis ai'e on
foothills and mouniainsides below Rock ouicrcp. The
moderaiely steep Camborihids are on lowei' toe slopes
and concave open areas on fooihills and mountainsides.
Torrioi-thenis are shallow to moderately deep. They
are generally clayey to loamy and contain variable
amounts of gravel, cobbles, and stones. The surface is
normally covered with stones weaihered from the higher-
lying Rock ouicrop. South of the Coloi'ado Ritrei', basaltic
siones and cobbles are on ihe surface.
Camborthids are shallow to deep. They are generally
clayey to loarny and have slightly more clay in the sub-
soil than in the surface layer. The surface layer is light
colored. The profile is normally free of stones, but scat-
iered basalt stones, cobbles, and sandstone fragments
a:'e on the surface.
The Rock outcrop is mainly lt/esa Verde sancistone
and \A/asatch shale. Some areas are covered wiih basai-
tic boulders and stcnes. Small areas of limes'ione out-
crops and exposed gypsum are in the easiern parl of the
survey area"
lnctucled in mapping ai'e snrall, isclateC areas of lide-
fcnso, Lazear, Ansai'i, Begay, Heift, anC Dolia;'ci soils.
These intermiiieni areas make up 10 io 20 percent of
this map unit.
This ccnrplex is useC fcr grazing. lvliciife habiiai, and
recreat;cn.
The stones on the surface anci th-' steep slopes make
this complex unsuiiable fcr crops. Some ateas can be
reseeded io pas'iure by broaclcast seeding. Otnei' plant-
ing rneihocs are rnacle difficuli by ihe sicnes anci sicpes.
The naiive vegeiaiion incluCe.s v.rheaigi'a.sses, biue-
Eiasses, Indian r!cegrass, neeCiegrasses, bi'iieibrush,
rnouniainrnahogan'r-, sage:i'ush, and an c.vei-='iory of
plnye6 anci juniPe;'.
The vaiue of Ei'azing is fair. The veg=taiion sl-':cul'J be
n":anaged :o najntain wocd pi'ocuciion and liinilsii graz'
ing. Selec'iively'ihinn:ng ihe pin,von anC junirei' iirigroves
gi'azing and provides firewood and pcsis. Steep siopes,
mode:'aie io ssvere erosicn hazai'i, and slow reg;'owih
oi irees affeci hai'vesiing and rnanagemeni.
tv'losi of ihis ccmplex is a pi'ime v,riniei'ing aiea fo;
deer. Rabbits, ccyote, and a few elk alsc iind fcod and
ccveron ihis complex.
Building is lirrited by sieep slopes anC sioniness.
These lirnita'iions can be overcome b'i appropliale
design and consil,-tc:icn.
This compiex is in capai:iiiiy subclass Vile, ncnli'rigat-
^)
I
Form No
GWS.25
OFFICE OF THE STATE ENGINEER
COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman SL, Denver, Colorado 80203
(303) 866-3s81
ri;' grE,i'gr= I j: gr , =m L lalut:
1 095
]SSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material lnjury to existing water rights. The issuance of this 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 lnstallation
3) ffi:1:ffJ:::::':H::il#"il[.)0rxA) as the onry we, on a kact or rand or 43.63 acres, note sec. r e is an
inegular"WIDE section (45.45 acres less County Road 313 ROW of 1.82 acres) described as the SW 1/4 of the NW 1/4'
Sec. 18, Twp. 7 South, Rng. 92 West, 6th P.M., Garfield County. Further identified as 1088 County Road 313, New Castle,
co 81647.
4) The use of ground water from this well is lirnited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the inigation of not more than one (1) acre of home gardens and lawns, and the watering
of domestic animals.
:The maximum pumping rate of this well shatl not exceed 15 GPM'
The return flow from the use of this 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 ls located-
This well shall be constructed not more than 200 feet from the location specifled on this permit-
NOTICE: This permit has been approved for the location and legal description as noted as noted above. The correct
Range is 91 West NOT 92 West as origlnally submitted. Adciiiionally Sec. 18 is an irregular *WiDE" seciion approximaiely
5430feetEaswVesl Thustheswl/4oftheNWl/4,Sec.lsisapproximately{g.4Sre.Youareherebynotifiedthatyou
have the right to appeal the issuance of this permit, by filing a written request with this office withln sixty (60) days of the date
of issuance, pursuant to the Stal.e Administrative Procedures Act. (See Section 24-4'104 through 106, C.R'S')
APPLICANT
RON ROGERS
0811 COUNW ROAD 313
NEW CASTLE, CO 81647.
(s7o) 876-224s
WELL
NOTE: Parcel ldentification Number (PlN): 23'2399'192-00-003
NOTE: Assessor Tax Schedule Numben R023376 (totaling 633'67)
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 114 NW 114 Section'18
Township 7 S Range 91 W Sixth P.M.
DISTANCES FROM SECTION LINES
2350 Ft. from North Section Line
1300 Ft. from West Section Line
UTM COORDTNATES
Northing: Easting:
zF-*-,- >-
a 6/74aa3
s)
6)
7)
APPROVED
DMW ll
State Engineer
No.9501 DA'UED
WELL PERMIT NUMBER
DIV, 5 WD 45
251111
DES. BASIN MD
RTCEIVED TIMIt DEC, 5, 10:05Alt4
06-1 7-DATE 06-
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Caronq.,Il[oupr t Hnnnm"roN, P.C.
ATTOIdNEYS,AT N-AW
SFIERRYA. CALOIA
]IEFtrERSON V, FIOUPT
MARK E. HAMILTON
MARY ELIZ,ABETH GEIGER
CYb{THIA tr. FX-EMING
June 7, 2005
TELEPHONE (970) 945-6067
FACSTMILE (970)945-6292
Sender's email : mhom@sopris.net
I2O4 GRAND AVENUE
GLENWOOD SPRINGS. COLORADO 8160I
Mark Bean, Director
Garfield County Building & Planning
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
Re:
Dear Mark:
Rt'fcr-Vflm
^ruN
0 7 2005
eurrori[?piffif,vJ
GA&,=.* --vJ
ruliD/ri;?Cyriryry
Rogers Subdivision Exemption Applicrttion
Per your request, enclosed are five more copies of the application materials conceming
the above-referenced subdivision exemption application. To the extent that you will be
preparing a staff report, I would appreciate receiving a copy. Also, should you receive any
comments from neighbors or referral agencies, I would appreciate having an opportunity to
review them before the hearing. Please contact me with any questions.
Very truly yours,
lx,
MEH/bb
Enclosures
cc: Ron Rogers, w/o encl.
ROGERS-Bean-ltr-1
FN1
CALOIA, HOUPI AMILTON,P.C.
Please Send Application to the Following Referral Agencies
Application Name:
Date Application Sent:
Mt. Sopris Soil Conservation District
Bookcliff Soil Conservation District
Town of DeBeque
City of tufle
Town of Basalt
Town of Carbondale
City of Glenwood Springs
Town of New Castie
^^i.I own oI 51lt
Town of Parachute
Eagle County Planning Department
Rio Blanco County Planning Department
Pitkin County Planning Department
Mesa County Planning Department
Burning Mtn. Fire District
Towa of Silt Fire Department
Rifle Fire Protection District
Grand Valley Fire Protection District
Carbondale Fire Protection District
Glenwood Springs & Rural Fire
RE-l School District
RE-2 School District
School District 16
Carbondale Sanitation District
Battlement Mesa Water & Sanitation
Spring Valley Sanitation District
West Glenwood Sanitation District
Mid-Valiey Metropolitan Sanitation District
Roaring Fork Water and Sanitation Distnct
Holy Cross Elecric (Roaring Fork, S. of Co. fuver west)
Public Service Company Q.{ of Co. River west)
KN Energy (S. of Co. River, Roaring Fork )
Western Slope Gas Company
US West Communications (G.S. & C'dale area)
US West Communications (N.C., Silt, fufle)
US West Communications (Rifle, B.M., Parachute)
AT&T Cable Service
Colorado State Forest Service
Colorado Department of Transportation
Colorado Division of Wildlife (GWS Office)
Colorado Division of Wildiife (GJ office)
Colorado Dept. of Public Health & Environment
Colorado Division of Water Resources
Colcrado Geological Survsy
Colorado Water Conservancy Board
Colorado Mined Land Reclamation Board.
Bureau of Land Management
Department of Energy - Westem Area Power Admin.
Bureau of Reciamation - Western Colorado Area Office
US Corps of Engineers
Northwest Options of Long Terrn Care
Roaring Fork Transportation Authority
Garfield County Road & Bridge
Garfield County Vegetation (Steve Anthony)
Garfield County Housing Authority
Garfield County Engineer (Jeff Nelson)
Garfield County Oil and Gas Auditor (Doug Dennison)
Garfreld County Sheriff Department
Carom, Houetr * HanrnroN, P.C.
ATTORNEYSATI-AW
SHERRYA. CALOIA
IEFFERSON V. HOUPT
MARKE. HAMILTON
MARY ELIZABETH GEIGER
CYNTHIA F. F'LEMING
I204GRANDAVENUE TELEPHONE (970)94s-6067
GLENWOOD SPRTNGS, COLORADO 81601 FACSTMTLE (970)945-6292
Sender's email : mham@Sopris.net
June 12,2006
VIA HAND DELIVERY
Fred Jarman, Assistant Director
Garfield County Building & Planning
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
Re: Rogers Subdivision Exemption Application
Dear Fred:
RECEIVED
JUN I 2 2006
GARt-:i[ j f--: fr.,r ,r,.rr.
BUTLDU{.,,$,U^l[iNd
As you and I have discussed on the phone several times recently, my clients, Ron Rogers
and Lisa Specht, have continued to move forward with finalizing the subdivision exemption
application that was filed in the name of their trust last year. Although last fall the county
extended our final plat deadline until June 13, 2006, and we have completed most of the
requirements, we have run into an unexpected issue concerning the shared well which is the
proposed water supply. Although we recently hired Samuelson Pump Co. to pump test the well
and obtain a water quality sample, the pump test was inconclusive. Likewise, while a water
quality sample was taken by Samuelson and sent via overnight mail to Grand Junction for lab
testing, apparently the sample arrived at the lab more than 24 hours after it was taken, thereby
invalidating the test results. We are now working with Zancanella & Associates to correct these
deficiencies, and hope to be in place to provide you with more information in about 30 to 60
days.
Also, although the proposed subdivision exemption is for estate planning purposes and
therefore involves no planned new roads or homes at this time, the county has requested a weed
management plan. If necessary, we would request that we be allowed about the same timeline to
complete this task. Please contact me to discuss this issue.
As to the other conditions of approval, I am pleased to report as follows:
l. Additional plat notes.
A new draft plat is affached. It includes all plat notes requested.
ROGERS-Jarman-ltr-l
FN.I
CALoIA, HoupT & HAMILTON, P.C.
Fred Jarman
June 12,2006
Page 2 of 2
2. lYell sharing sgreement.
A draft Declaration of Covenants Re: Well Sharing is attached.
3. Fire district approvul.
A letter dated May 4, 2006 from the Buming Mountain Fire District is attached indicating
that their requirements have been met.
4. Payment of School Site Acquisition Fees.
My client stands ready to pay all school fees upon final plat approval. Please provide me
with an updated total. Since we are creating two lots out of a larger parcel of about 40 acres, I
understand that the charge will be $200.00 about for each new parcel.
5. Noxious Weeds.
See above request.
6. ConJirmation of a water supply.
Additional well permit documentation is attached which confirms that, from a legal
standpoint, an exempt well permit for the proposed shared well is in full force and effect. As to
quantity/quality, see above extension request.
In sum, while we are very close, I would respectfully request that my client be allowed
another 60-90 days to wrap up this approval process. Please confirm.
Ver; truly yours,
CALOIA,& +rAMrLTON, P.C.
....>
Mark E,. Hafrrilton
MEH/
enclosures
cc: Ron Rogers & Lisa Specht, w/o encl.
ROGERS-Jarman-ltr- I
FN.I
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRTCTIONS FOR
THE ROGERS SUBDryISION EXEMPTION
0E/-ptr
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTzuCTIONS FOR
THE ROGERS SUBDIVISION EXEMPTION, INCLUDING WELL SHARING
AGREEMENT, (hereinafter the "Declaration") is made this _ day of June, 2006, by Ron
Rogers and Lisa Specht as Trustees of the Ron Rogers and Lisa Specht Living Trust dated
August 11, 1989, as amended from time to time (hereinafter collectively referred to as
"Declarant"), current owner of the property described below, which property is located in
Garfi eld County, Colorado.
WHEREAS, Declarant is the sole owner of certain real property located in Garfield
County, Colorado, described as Parcels A & B of the Rogers Subdivision Exemption, as depicted
on a Final Plat recorded in the Garfield County real property records on 2006,
ReceptionNo.-(whichpropertiesaregenerallysituatedintheSw%
NW % of Section 18Jf. -/ S. R 91 W of the 6th p.ivf., Carneld County); and
WHEREAS, a well ("Shared Well") is located upon Parcel B at a point approximately
2350 feet from the N. Sec. Line, and 1300 ft. from the W Sec. Line, of Sec. 18, T. 7 S., R. 91 W.,
6'h P.M., Garfield County; and
WHEREAS, Declarant is the sole owner of Parcels A & B and the Shared Well; and
WHEREAS, the Colorado Division of Water Resources has issued Well Permit Number
25111,1 for the Shared Well, which permit allows use of water from the well for fire protection,
ordinary household purposes inside three (3) single family dwellings, the irrigation of not more
than one acre of homes, gardens and lawns, and the watering of domestic animals; and
V/HEREAS, Declarant intends that the Shared Well will continue to serve as the source
of potable water for domestic use on Parcels A & B, in the proportions and amounts set forth
below;
NOW, THEREFORE, Declarant hereby declares that Parcels A & B and the Shared Well
shall be held, sold and conveyed subject to the following restrictions, covenants and conditions,
which are for the purpose of protecting the value and desirability of this property, and which
shall run with title to the Shared Well and Parcels A & B, and be binding upon all parties having
any right, title or interest in these properties, or any part thereof, their heirs, successors and
assigns, and shall inure to the benefit of each owner thereof.
l. Potable Water Supply. The potable water supply for Parcels A & B shall be the
Shared Well, as operated pursuant to Well Permit No. 251 1 I I issued by the Colorado Division
of Water Resources. The owner(s) of Parcels A & B shall be jointly responsible for meeting all
obligations set forth in such Well Permit.
I
Ro gers Sub div is io n Exemp tion
Declaration of Covenants re l{tell Sharing
Page 2
2. Water System Easements. The owner(s) of Parcels A & B shall have a non-
exclusive easement to access the Shared Well and all pumphouses, storage tanks, pipelines, and
other workings associated with the delivery of potable water to either parcel (collectively
referred to as the "Potable Water System"), for reasonable operation and maintenance purposes.
Such easement shall include a right to free and unrestricted access for such purposes and shall be
twenty (20) feet in width surrounding all parts of the Potable Water System. In the event that
any gates, well houses, or other parts of the Potable Water System are locked for security
purposes, all owners shall immediately be provided with a key and shall not otherwise be
restricted from accessing the Potable Water System. The easements declared and confirmed
herein shall be for the benefit of both Parcels A & B. The location of all parts of the Potable
Water System shall be determined by cooperation and in a manner which interferes the least with
existing structures including but not limited to houses, outbuildings, and roads.
3. Ownership of the Shared Well. The owner(s) of Parcels A & B shall each own
an undivided 50Yo interest in the Shared Well. No interest in the Shared Well or Potable Water
System may not be transferred apart from Parcels A & B. The owners of Parcels A & B shall be
mutually responsible for the Shared Well and to operate, maintain, repair, replace and improve
the Shared Well, pumps and any other appurtenant facilities for their joint benefit. The Well
Permit shall be put in the joint name of both owners upon the request of either party and the
presentation of this document to the Division of Water Resources. The owner(s) of Parcel B shall
be designated as the lot owner to receive all mail and documentation relating to the Shared Well
and Water System. Copies of all such mail and documentation shall be promptly provided to the
owner(s) of Parcel A, or made available for review at the convenience of the owner(s) of Parcel
A.
4. Uses of the Shared Well; water treatment obligations. The well shall not be
used for outdoor irrigation purposes, including lawn and garden irrigation, of more than a total of
one (l) acre of area. The owner(s) of Parcels A & B shall agree to how to allocate this irrigated
area-but in the absence of agreement neither owner shall irrigate more than one-half (%) acre.
Use of water for domestic animals is allowable however such use shall be accomplished in a
conservationist manner (e.g.water shall not be allowed to run continuously). Upon connection of
both Parcels A & B to the shared well, each owner shall install a flow-restrictor valve on their
water supply line from the Shared Well to ensure that the maximum draw is not more than one-
half (ll2) of the total production from the well. The restrictor should be placed on the line
running into each owner's storage tank (described below in Paragraph 7). Lot owners shall be
aware that well water is not subject to state water treatment regulations, and therefore use of
water is at each lot owner's risk. Any treatment shall be at the option of each individual lot
owner. The owners may jointly elect to construct a treatment facility, in which case the costs of
such facility and operation and maintenance thereof shall also be shared 50/50.
5. Emergency Repair of Water System. ln the event that the lot owners are unable
to agree upon any maintenance, repair replacement or improvement necessary to continue
potable or irrigation water service, any of the lot owners shall be entitled to undertake any
maintenance, repair, replacement or improvement necessary and essential to allow continued
ROGERS-Declaration of Covenants re Well Sharing-l
FN-1
Rogers Subdivision Exentptio n
Declaration of Covenants re Well Sharing
Page 3
water service. ln the event that any lot owner(s) decide to undertake any such work absent the
consent of the other lot owner(s), he or she shall notify the other lot owner(s) in writing. The lot
owner(s) undertaking the work shall, upon completion, provide the other owner(s) with a written
statement of the work performed and an allocation of the other lot owner(s)' share of the costs. In
the event that emergency repairs are required, before undertaking any such work each lot owner
will attempt to contact the other lot owner(s) by phone prior to incurring any expenses for such
repairs. Bills for emergency repairs shall be allocated among the two lot owners in the manner
set forth below in Paragraphs 9 and 10 for payment ofjoint expenses associated with the Potable
Water System.
6. In-house uses preferredl no waste. ln-house use of water from the Shared Well
shall take precedence over use of water for domestic animals or irrigation. In the event of a
shortage, all lot owners shall cooperate and shall reduce their uses accordingly to conserve water.
No lot owner shall be entitled to waste water, and each owner shall exercise prudence and
conservation in the use of water in order to allow for the efficient and beneficial use of the
Shared Well.
7. Storage. At the time that a residence is constructed on Parcel A, the owner(s) of
both Parcels A & B shall each install a water storage tank not less than 500 gallons in size at
such lot owner(s)' sole cost and expense. Such storage tanks shall also be buried at such lot
owners' expense where it can intercept all water for the lot from the well and be plumbed into
the residence to ensure that there is an adequate supply of water for the residence in the event
that the instantaneous pumping rate of the well is inadequate to meet demand. Each Iot owner
shall also install a booster pump from each storage tank to help meet peak water demands.
8. No Other Wells. No other exempt wells may be drilled upon Parcel A or Parcel
B unless the drilling of any such well does not jeopardize the status of the Well Permit for the
Shared Well which is exempt from administration under the prior appropriation system pursuant
to Colo. Rev. Stat. Section 37-92-602(3XbXIIXA). No other wells may be drilled on Parcel A or
Parcel B absent the unanimous written consent of both lot owner(s) and a valid well permit
issued by the Colorado Division of Water Resources. In the event that any lot owner(s)
discontinue use of the Shared Well with the consent of the other lot owner(s) pursuant to this
Paragraph 8, such discontinuing lot owner(s) interest in the Shared Well shall revert to the owner
of Parcel B, upon which the Shared Well is located.
9. Operation and Maintenance Expenses. Unless otherwise agreed, the owner(s)
of each lot shall be entitled to use an undivided one-half (%)) of the water produced by the
Shared Well. The withdrawal of water from the Shared Well shall be for domestic purposes
inside up to three (3) single family dwellings, for irrigation of up to one (l) acre of lawns and
gardens, and for limited domestic watering of animals as permitted by the State of Colorado. The
owner(s) of each lot served by the Shared Well shall pay one-half (%) of the costs of
maintenance, operation, electricity, repair, and replacement of the Shared Well, pump(s) and
appurtenant facilities, and the costs of common water lines or other common water facilities. To
the extent practicable, the use of electricity shall be monitored via an "hour meter" to be affached
ROGERS-Declaration of Covenants re Well Sharing-l
FN-I
Rogers Subdivision Exemption
Declaration of Covenants re Well Sharing
Page 4
to the electrical line to the well pump. Such meter will allow records to be kept of electrjcal
consumption each year. If either Parcel A or Parcel B is not hooked onto the Shared Well, the
owner(s) of such lot shall not be obligated to contribute toward operation and maintenallce
expenses. If any lot is hooked on but has not yet commenced service, no electricity costs shall be
assessed against the owner(s) of such lot. ln addition, the owner(s) of each individual lot shall be
exclusively responsible for the costs of installation, operation, repair or replacement of iury
facilities used solely by that lot, including individual service lines and any individual stor;tge
tanks.
11. Covenants to Run. These covenants and restrictions shall run with all lots within
the Property and shall bind the owners thereof, their successors and assigns.
12. Enforcement. This document may be enforced by any lot owner(s) or any
governmental agency having jurisdiction over the matter, by an action for damages or for
injunctive relief to restrain or mandate any action required by this document. The interpretatlon
of this document shall be govemed by Colorado law. Unless the parties to any dispute aris ing
with regard to this document agree to an alternate form of dispute resolution, venue for zmy
dispute arising with regard to this document shall be in the courts of Garfield County, ColoraCo.
The prevailing party in any legal action to enforce this document shall be entitled to reasonable
attorneys' fees and costs.
13. Amendments. This document shall be recorded in the real estate records of
Garfield County, Colorado. This document may only be amended by the unanimous written
consent of the owner(s) of both Parcel A and Parcel B. No amendment shall be effective until an
instrument setting forth such amendment, signed by all lot owners, is recorded in the real estate
records of Garfield County, Colorado.
14. Severabitity. Should any provision of this document be declared invalid or
unenforceable by a Court of competent jurisdiction, such decision shall not affect that validity of
any other provisions, which shall remain in full force and effect.
DATED:
ROGERS-Declaration of Covenants re Well Sharing-l
FN.I
DECLARANT:
Ronald J. Rogers, as Trustee of the Ron Rogers artd
Lisa Specht Living Trust dated August 11, 1989, rls
amended from time to time
Lisa Specht, as Trustee of the Ron Rogers and Lisa
Specht Living Trust dated August 11, 1989, as
amended from time to time
2006.
Rogers Subdivision Exemption
Declqration of Covenants re Llell Sharing
Page 5
STATE OF
COUNTY OF
The foregoing Declaration was subscribed and sworn to before me this _day of __.
2006, by Ronald J. Rogers as Trustee of the Ron Rogers and Lisa Specht Living Truust dated
August 11, 1989, as amended from time to time.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF
COIINTY OF
The foregoing Declaration was subscribed and sworn to before me this _ day of __
2006,by Ronald J. Rogers as Trustee of the Ron Rogers and Lisa Specht Living Truust dated
August 11, 1989, as amended from time to time.
WITNESS my hand and official seal.
My commission expires:
Notary Public
ROGERS-Declaration of Covenants re Well Sharing-l
FN.I
)
) ss.
)
)
) ss.
)
BT]RNING MOT]NTAINS FIRE PROTECTION DISTRICT
Brit C. Mclin
Chief
6l I Main St.
P.O. Box 2
Silt, CO. 81652
Phone: (970)87C5738
Fax: (970) 876-2774
E-Mail : burningmountainschief@msn. oom
4May 2006
Rob Gawell
Caloia, Houpt, & Hamilton, P.C.
l2M Grand Ave.
Glenwood Springs CO 81601
Per our conversation today and a review of the documents that you provided, I
find no zubstantive change in either use or occupancy as a result of the proposed
subdivision. Therefore there are no additional requirements to be met for this agency.
Pleases ask your clients to noti$ us if there is an address change due to the parcel split.
Yours truly,
Brit C. Mclin
Form No.
GWS-25
APPROyED wELL LOCATIoN
GARFIELD COUNTY
aw 1A Nw 114 section 18
iownshiP 7 S Range 91 W Sixth P'M'
D lsrANcES F RoM sEcrJoN' Lll'lESRON ROGERS
0811 COUNTY ROAD 313
NEW CASTLE, CO 81647-North Section Line
West Section Line
f; [tF.f;ff*{i',"?.r}*p't'ieF$iiffi
EsouRcEs
(303) 86G3581
APPLICANT
2350 Ft. from
1300 Ft. from
WELL pERMtT NUMBER 2511'11 '-'-
DIV. 5 WD45 DES. BASIN MD
UTM COORDINATES
Easting:p7q876'2249 Northing:
1)
2)
3)
4)
s)
6)
7\
itffioEs Nor co.nen A wArER RlcHr
@
This welr sha, be used in such a way as to cause no materiat injury to existing water rights' The issuance of this permit
does nor assure the appticant that ": l"ily.Jl':::urto anotnei vesteo watelrighiot ;t""r'oe another owner of a vestod
H:*IJ:[;f[l';:11":ff;"1:'ff1[:with the waterwerr construction Rures 2 ccR 402-2' unress approvar
of a variance has been ;;iloy,n; state Board oi Eorin"o of water we, construction and pump lnstallation
;;n:n:::fH:::'I;Hli;1tflf '"s
rhe onry we, on a tract or rand or 43 63 acres' note sec' 18 is an
inesutar,wtDE" section iis.+i"r"" ii;;-+:,"I R*o iri Row of ,, 'e' ;"J dtscribed as the sw 1/4 or tho Nw 1/4'
sec. .tB, Twp.7 South, Rng.92 West,6th p.nr., *rr,JJ coun'y' Further ic"-ititi"o ,, 1088 County Road 313' New castle'
co 81647.
The use of ground water from this we, is rimited_to fire protection, ord'1narv household purposes inside not more than
three (3) single famiry *"u*.n", in"lrigation of not more than one tr r acre'oinome gardens and rawns' and the watering
of domestic animals'
The maximum pumping rate of this well shall not exceed 15 GPM'
Theretumflowfromlheuseofthiswellmustbethroughanindividua|wastewaterdisposalsystemofthe
non-evaporatir. tvp" *nllJ,n" *r,", is retumed to *tl ""'" srream system in which the well is located'
Thiswellshallbeconstructednotmorothan200feetfrornthalocationspecifiedonthispermit.
NoacE: This permit has been approved for the.location and regar description as noted as noted above' The @nect
Rangeisgl wesrNoaeid;"il-sorigina,y",l9*itt.o Additionarys"".'rg'ir"ilrregurar'wtDE"sec'tionapproximatelv
s4B0 feet East/west. -ir" ,r.," Jw ,iot tne *w ,io, s"". .rB is ajproxim"i"v +i'+sio"s' y-ou are hereby notified that you
have the right to appear the issuance of this permit, by f*ing a written ,"qr"ri *tn this office within sixty (60) days of the date
ofissuance,ou,",,n...n"St,t"no,nini"trativeproceou,"uR"t.(SeeSection244-1o4through106,c'R.S.)
NOTE: Parcel ldentification Number (PlN):23-2399-192-0&003 tr^ T
NorE: Assessor Tax scireoute Number: R023376 (totalirE 633'67) a 6 / Z/aaC
I
Cnr-ol,t, lFilouPr g H,q.NalrT oN, P"C"
ATTOR.NtrYS AT N-,q.W
SHERRYA. C,{LOIA
JEtrFERSON V. HOUPT
MARKE, HAMILTON
MARY ELIZABETH GEIGER
CYNTHIA F. FLEMING
I2O4 GRAND AVENUE
GLENWOOD SPRINGS, COLORADO 81601
MEH/mh
cc: Ron Rogers
ROGERS R-Bean-ltr-l
trNl
'l'l:il.l:Pl l( )NL (970) 9'15-6067
rrACSIMll.ll (970)915-6292
.\ia r t da r's c il tu i l : m I ru tttt tt) sq)r i s. na I
October 6.2005
Mark Bean, Director
Garfield County Building & Planning
108 Eighth Street, Suite 201
Glenwood Springs, CO 81601
Re: Rogers Subdivision Exemplion
Dear Mark:
As you may recall, on June 13, 2005. the Garfield County Board of Commissioners
approved the request of the Ron Rogers and Lisa Specht Living Trust for a subdivision
exemption of ranch property up East Divide Creek. However, as you may also recall, this
approval was subject to certain conditions. These conditions included: (1) additional plat notes;
(2) creation of a well sharing agreement; (3) obtaining final approval from the Burning Mountain
Fire District; (4) payrnent of school site acquisition fees; (5) preparation of noxious weed
inventory and weed management plan; and (6) confirmation of a water supply. Since June 13,
2OO5.I have yet to have had an opportunity to satisty all these requirements. I am also interested
in sitting down with you to further discuss completion of this matter. As such, I would
respectfully request that you seek approval from the County Commissioners of a 245 day
extinsion of the deadline to satisfu these conditions. My understanding is that, if my request is
granted, the new deadline would be on or before June 13,2006. Please advise rne if you need
anything else to support this request.
AMILTON. P.C.
4lec- / /-
fipV.rrul 'o/''10'
FIFLE At=A, CCLO,-rADO
S 6-To rri o i,ih an ts-Ca:-n oo rth i C s.F c cir cu.i+rcp c o m-piex, -st'eep. This broadly definecj un;i cons;sts of ex-
posed sandstone and shale be,Jrock, locse stones, ancj
soiis that are shallow to cjeep over sandslone and shale
bedrock ancj siony basaiiic aiiu,.;ium. This complex
occurs throughcut the su,'vey area. The sciis ancj out-
crops are mociei'a'iely steep to very steep. Slope ranges
from 15 io 70 percent.
Torriorthents make up abcu'i 45 percen'i of ihe cci-r-
plex, Camborihids make up 20 percent, ancj Rock oui-
crop makes up 15 perceni. The Tori'ionhents ai-e on
foothills and mouniainsides below Hock outcrcp. The
moderately steep Camborihids are on lower toe slopes
and concave open areas on fcoihills and mountainsides.
Torriorihenis are shallow to moderately deep. They
are generaliy clayey to loamy and contain variable
amounts of gravel, cobbles, and stones. The suriace is
normally covered with stones weathered from ihe higher-
lying Rock ouicrop. South of the Coloi.ado Rirrei., basaliic
siones and cobbles are on the surface.
Camborthids are shallow io deep. They are generally
clayey to loarny and have slightly ,-nore clay in the sub-
soil than in the surface layer. The surface layer is light
coloreC. The profile is normally free of stones, but scat-
tered ba.salt stones, cobbles, and sandstone fragments
are on the surface.
The Rock ouicrop is nrainly lVlesa Verde sancistone
and Wasatch shale. Some areas are cor.rered v,rith basai-
tic boulders and stones. Small areas of limestone out-
crcps and exposed gypsum are in the easiern paft of the
survey area.
lncluded in mapping are smalt, isola'ted areas of licJe-
fonso, Lazear, Ansai'i, Begay, Heici, anC Doliai.ci soils.
These intermitieni areas make up 10 io 20 percent of
this map unit.
This ccrnplex is used fcr grazing. v,;iiciifa habiia.i. and
recreatrcn.
The stones on the surface ancl the steep slopes rnake
this complex unsuitable fcr crcps. Sorne areas can be
reseeded ic pas'iure by bi'oadcas't seeding. Oiner plani-
ing methods are rnacJa difficu!t by ihe stcnes anci siopes.
The naiive vegeiaiion includes v.,heaiEra.sses, biue-
Eiasses, lndian ricegrass, neediegrasses, bltieibi"ush,
rnountainmahogan;,, sagebrush, and an c.ve:*.,iory of
pinlron anci junipe;'.
The vaiue of E;'azing is faii. The vegsiai;on si.lould be
rnanaged io na:niain woc,C pi'oauciion ana' liinteii glaz-
ing. Sslec'clvely thinni;rg the pin,von anC junirei. improves
gi'azing and provides firewocd and pcsts, Sreep slopes,
mo.de:'aie tc severe erosicn hazai"i, ancj slor,v regi'o,rr.,-ih
of ii'ees affeci he.rvesting anC rnanagemeni.
Most of this ccmplex is a pi'ime vrinte:'ing a;-ea for
deer. Rabbiis, ccyote, and a fevr elk alsc finc' 'fcod and
cover on ihis complex.
Burilding is lir-niied by siee p slopes and sioniness.
These lirniiaiions can be overccme b:r appropriaie
design and consi;'r,rciici:.
This compiex is in capa!:iiiiy subclass Vlle, ncnirrigat-
^)
5-.l.scalon 'i!n': sa;ci;' loen, 5 i: 1: p3:'cc:ii
sls:;s. This deep, ',0.'ell dia!ned, moCei'ai:i,v sicpi;g io
roiling scii is cir mesas, iei:aces, sicjes-ci r"aile)rs, and
aiiurriil fans. tr!evaiicn i'airges f;'cm 5'000 to 3,500 fs=:'
ihe scil fcii'led in a!lu'.'i'.:;'n 'Jei'ived fro;:r sa'ncisione eiii
shale. The averaEe annual pi'ec:piiaticn is abcu"i '14
inches. the a,,'ei'aEe a.nnual ail' teinperatui'e is about 48
Cegrees F, and 't-he average fiosi-free periocl js abo'':l
120 days.
Typiialiy, ihe sui'face la-vei' is ci'ol'vn fine sai:dy loan
acc'ui s inches'ihick. The iubscil is brc"''rn and yellowish
bi'own sano'1,' clay loan aboui 30 inches ihick. The sur-i-
siraiurn is ';e1r olie bi-c',vn sanciy ciay icam io a de oih of
60 inches.
lncluci=c wiin ihis scil in mapping are srnail ai'eas oi
Cin:y a;':c Pcits soils'thai have siopes of i to 5 perc-'n:'
Peimeacllii; is moderaie, and available waie;' capaciiy"
is mo'Je;'ate. Eiieoiive rociing cjepth is 0C incnss' Su;-
iace iuncii is nieiiui'i:, ani ihe eiosion haza:'ci is mode:-
Tiis scii is useC rnainly fo;' ir:'igateci hay and gastui'e
anci soriie cicDs. Some aieas aj'e usecj ;oi g;'a.ing ani
wiicjiife habiiai.
Coi't'ugaiions are in3 i'nain melhoci oi apriying irrigaiion
wa'iei. Sorinklers aie aiso suitable. Steep siooes causs
ercsion io be more iap:o cn ihis soii ihan on less sioping
Ascaiori soils. ivlinimui'-r: ii!iage, covei ciops, conioui' iii-
iage, an.C glassei waierurlays help io coniroi ei''csion'
Drop sii'uc:ut3s are n=eCed in iri'igalion citc;res'
T,\e native rregetation on ihis soil is mainiy neec-
ieandini'eac, wheaigi'asses, and sagebi'ush.
Whan range ccnii-iion a'eterioi'aies, iorbs and shrucs
increase. \dn1n ihe range is in pcor conciiiioil, undesii'a-
bie weeis anci annual pianis ai€ nurnsious' Prccerlir
i'na;:ag!ng gia.zing nainiair,s al: imo:'oi.'es range condi-
tion. i,eJuiing bii.:slr aiso lmpicires ihe ranEs' Seeiing
ii-;ilrcves ra;lge ii': pcci cc:t'jliicn' Pu5esceni wneai-
grass, wesier,i ruheaigi'ass, and big oluegrass ai'e si:ii-
icte fcr s:eding. P;epai'ing a see'ioeii and d:'iliing ihe
seec aie gccd Praoiices.
Tnis soi-l has pcieniiai as habitat i'cl' co:tcntaii rabbi:,
scuirei, pheasant, rncurning dove, and v/iic turi(eli.
Sieep slcpes anc i'i'osi acilon iimit ccm'-nu;'li1i de'ieloc-
men:. bu:s and iills should be i-ninii-nai, arc orainage is
neecec' i'cr ro=lcs ailc sl:'uci'-:i'=s.
Tnis scil :s in sapabiiiiy sii:c:asses lVe, iri'igatecl, anc
Vl e, nc;'riri'i'Jaied.
4t
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FTI
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o
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Form No.
GWS-25
APPLICANT
OFFICE OF THE S.- .TE ENGINEER
GOLORADO DIVISION OF WATEB BESOURGES
Atatentennlat Bldg., 1313 Sherman St., Denver, Colorado 80203
(303) 86G3581
RON ROGERS
0811 COUNTY ROAD 313
NEW CASTLE, CO 81647-
(97O) 876-224e
1 095
WELL PERMIT NUMBER 251',111 -.
DIV. 5 WD45 DES. BASIN MD
APPROVED WELL LOCATION
GARFIELD COUNTY
SW 114 NW 114 Section 18
Township 7 S Range 91 W Sixth P.M.
prsrANcES tRoM SECTION LINES
2350 Ft. from North Seclion Line
1300 Ft. from West Section Line
UTM COORDINATES
Northing:Easting:
1)
2)
3)
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CON.DITIONS OF APPROVAL
This well shall be used in such a way as to cause no material injury to existing water rights, The issuance of this permit
does not assure the applicant that no injury will ocrur to another vested water right or preclude another owner of a vested
water right from seeking relief in a civil court action.
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 ol Examiners of Water Well Construction and Pump lnstallation
Contractors in accordance with Rule 18.
Approved pursuant to CRS 37-S2-602(3XbXllXA) as the only well on a lract of land of 43.63 acres, nole Sec. 18 is an
inegular "!V1DE" section (45.45 acres less Coun$ Road 313 ROW of 1.82 acres) described as the SW 1/4 of the NW 1/4,
Sec. 18, Twp. 7 South, Rng. 92 West, 6th P,M., Garlleld County. Further identified as '1088 County Road 313, New Castle,
co 8't647.
The use of ground water fmm this well is limited to fire protection, ordinary household purposes inside not more than
three (3) single family dwellings, the irrigation of not more than on6 (1 ) acre of home gardens and lawns, and the watering
of domestic animals.
The maximum pumping rate of this well shall not exceed 15 GPM.
The return flow from the use oI this 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.
This well shall be constructed not more than 200 feet from the location specified on this permit.
NOTICE: This permit has been approved for the location and legal description as noted as noted above. The conect
Range is g1 West NOT 92 West as originally submitted. Additionally Sec. 18 is an irregular'WIDE" section approximately
5480 feet Eastruest. Thus the SW 1/4 of the NW 1/4, Sec. 18 is approximately 45.45 acres. You are hereby notified that you
have the right to appeal the issuanco of this permit, by filing a written request with this oflice within sixty (60) days of the date
of issuance, pursuant to the Stale Administrative Procedures Act. (See Section 244:lO4 through 106, C.R.S.)
4l
7)
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6)
NOTE: Parcel tdentification Number(PlN):23-2399-192-0G003
NOTE: Assessor Tax Schedule Numben R023376 (totaling 633.67)
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WELL CONSTRUCTION AN^ . EST REPORT
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
E USEONLY
HECEIVED
AUG 2 5 2003
IYATERRES(X'RCES
STATEEIIGINEER
a.-/s o/sca
APPRoVAL# CWs314r-03
WELL PERMIT IYIIMBER 2sllll
Owner Name(s): Ron Rogers
Mailing Address: 0811 County Road 313
City, State, Zip : New Castle, Co. 81647
w sw t/4 Nw t/4 Sec: lg rwp: 7 S Range: 9l W
DISTANCES FROM SEC. LINES
2350 ft. from North Sec. line and 1300 ft. from West Sec. line OR Northing: Easting:
SLJBDIVISION: LOT: BLOCK: FILING (UNIT):
cRotiND suRFAcE ELEVATION ft. DRILLING METHOD Air Rotary
DATE COMPLETED: 612512003 TOTAL DEPTH: 160 DEPTH COMPLETION: 160
PERF. CASING: Screen Slot Size
9. Packcr Placement
Type :
Deph :
E. Filtcr Pack
Material :
Size :
Interval :
ll. DISINFECTTON : Ty2e : HTH Amt. Used: 4 oz-
12. WELL TEST DATA : ( ) Check Box If Test Data Is Submitted On Supplemental
TESTING METHOD : Air Compressor
Static Level : 50 ft.
Pumping Level : Total ft.
Test Remarks :
DatelTime Measured 612512003
DatdTimeMeasured 612512003
Production Rate l0 gpm
TestLength: 2hours
r , I hec rctd th€ strlcmcrB mr J' omsitutcs pcrjury ia thc rco
CONTRACTOR :Phone: (970)9274182
Lic. No. 1095P.O. Box 1059
Namc / Titlc (Please Type or Print)
IYayre Shclton / President