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HomeMy WebLinkAbout2.0 Staff Report PC 05.11.05PROJECT INFORMATION AND STAFF COMMENTS F<- -BO€e 0flru05 FJ Preliminary Plan review of the Story Subdivision Kevin and Sandra Story 0193 Sweetwater Road (CR 150) immediately to the west of the county line of Eagle and Garfield Counties. lndividual Wells Individual Sewage Disposal Systems (ISDS) CR 150 (Sweetwater Road) A/R/RD A/R/RD and OS REOUEST APPLICANT LOCATION WATER SEWER ACCESS EXISTING ZONING ADJACENT ZONING The photograph above was taken from the south of the property looking in a north easterly view showing the existing single-family dwelling and general propere layout. ffi I. PROJBCT INFORMATION A. Site Desuiption The subject property is presently improved with a single-family dwelling and various horticultural out-buildings. The Applicant has recently installed a pond immediately to the south of the residence. The Gannon Ditch traverses the property from west to east, and is located north of the residence and all existing improvements. No improvements are proposed north of the ditch. Along side the ditch is a well-defined road used for the purpose of ditch maintenance. The property contains significant slopes in excess of 4OtTo on the north and east portions of the property sloping in a southerly direction. These slopes become much less severe towards the west and southern portions of the property. There are two very distinct gullies that pass through the property; one gully being located above l-ot 1 and the other gully being located between Lots 2 and 3. Currently, access to the property (l-ot- 2) is via a gravel drive off of County Road 105 (Sweetwater Road). The Applicant proposes each lot to have its own access directly from CR 150. B. Development Proposal The Applicant proposes to subdivide the lS-acre property into three lots which all access from CR 150 resulting in the following configuration: The agricultural uses on the property will consist of uses such at gardens, greenhouses, nursery, and orchards which are uses that are allowed by right in the A/R/RD zone district. C. Adjacent Land Uses The following land uses surround the subject site: BLM Vacant, however, associated with the development across Sweetwater Road. West: Single family residence North: Associated with the private property to the west. II. REVIEW AGENCY AND OTHER COMMENTS Staff sent the application to the following agencies and departments for comment. Their specific comments are attached as well as incorporated within the text of this memorandum. East: South: A. B. C. D. E. F. Eaqle RE - 50 School District: No Comments Received Colorado State Forest Service: (Exhibit N) Colorado Division of Wildlife: (Exhibit Q) Garfield County Vegetation Manasement: (Exhibit I) Sheriff Department: (Exhibit R) Colorado Division of Water Resources: (Exhibit J) G. H. L J. Colorado Geologic Survey: (Exhibit H) Garfield County Road and Bridge: (Exhibit K) Resource Engineerins: (Exhibit P) Eagle County Plannine Department: (Exhibits L and M) III. STAFF COMMENTS The following is an analysis of the proposal that includes referral comments provided from the entities listed above and a review of the proposal against the County's Zoning Resolution, Subdivision Regulations, and Comprehensive Plan. A. Comprehensive Plan Section 4:33 of the subdivision regulations requires the Board shall make its decision regarding a Preliminary Plan based on the recommendation of the Planning Commission and on the conformity or compatibility of the proposed subdivision wittr the Comprehensive Plan. The Comprehensive Plan is consists of two main components: 1) the plan map and 2) goals and objectives. l) Studv Area 4 The property is located in Study Area 4 which consists of almost r/ath of the total county land area, located in the northern and eastern most regions of Garfield County. It contains approximately 665 square miles (22Vo of the County), and all but approximately 60 squa.re miles are located on the White River and Routt National Forests. Approximately one third of the remaining land area is under BLM management. As a result, privately owned lands that are currently zoned as something other than O/S (Open Space) total only about 40 square miles, or six percent of the Study Area. 2) The Plan Map The map for Study Area 4 does not contain specifically proposed densities; however, the underlying zoning minimum lot size of two acres per lot (dwelling unit) shall serve as the default density calculation for a property. In this case, the proposed density is approximately 3.0 acres per dwelling unit which is less dense than the 2-acres per dwelling unit required by zoning. Therefore, this proposal is not only consistent with the required density of the area but also with the land use of residential and agricultural uses and therefore conforms to and is compatible with the Comprehensive Plan. B. Zonins The zoning map to the right shows (black box) the general location of the property in the Sweetwater area. As explained above, the Applicant proposes to subdivide the property into 3 (three) lots designated for single-family dwellings. A single family dwelling is a use by right in the A/R/RD zone district. The proposed lot sizes comply with the minimum lot size (2 acres) for single family units. The minimum lot size / density of the A/R/RD zone district is 2 acres a dwelling unit. The proposed project includes lot sizes that range from 4 to 8.8 acres with an average overall density of 3.0 acres per dwelling unit (which includes 3 ADUs). In addition, the Applicant proposes building envelopes on all of the lots which are more restrictive than the A/R/RD setbacks. In some cases, the building envelopes only cover a portion of the lot. The proposal complies with the uses and dimensional requirements of the A/R/RD zone district. ADUs The Applicant proposes to obtain the right to develop ADUs on all three lots as part of the subdivision review. In order to do so, each lot needs to be at least 4 acres containing a building site of at least 2 acres with slopes less than 4OVo.However, due to the significant debris flow hazards and slopes that exists on Lot 3, Staff suggests that no ADUs be allowed on this lot. Otherwise, it appears that the proposed site plan meets these requirements and a plat note shall be provided on the final plat that indicates the ability to construct an ADU on Lots 1 and 2 so long as they meet the following requirements pursuant to Section 5.03.02I of the Zoning Resolution of 1978, as amended: (1) The gross floor area for residential use occupancy shall not exceed 1,500 sq. ft. (2) Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facility. (3) Only leasehold interests in the dwelling units are allowed. (4) That all construction complies with the appropriate County building code requirements. C. Water The Applicant plans to provide domestic (potable) water to each of the lots via individual wells (Story Wells 1-3) supported by an approved augmentation plan including two on-site ponds (Story Ponds) and by releases from Wolford Mountain Reservoir and Reudi Reservoir pursuant to a contract with the Colorado River Water Conservation District. The decree does not allow for any outside irrigation use from any of the three wells. The Division of Water Resources reviewed the proposal and determined that according to the decree in Case No.03CW247,"Well permits issued pursuant to Section 37-90-13l(2), 10 C.R.S (2003) and the augmentation plan must be obtained prior to the construction and /or operation of the Story Wells...No such well permits shall be issued until the Story Ponds Nos. 1 and/ or 2 have been constructed and filled with adequate replacement water and written notice shall include an as-built stage capacity table and estimate of the active capacity of the pond(s), and confirmation that a permanent power supply and permanent pump system have been installed for making the augmentation releases." Three well permit applications were filed with the State Engineer's office; however, since no proof that notification was provided indicating that the above-mentioned work had been completed, the applications were returned to the Applicant. The Division Engineer states that based on the production of the existing well (on proposed Lot 2) and the proximity of the well to the alluvium of Sweetwater Creek; it appears that the plan will be physically adequate. However, because well permits have not been issued and the plan for augmentation has not operated as decreed, the Division Engineer stated that the proposed water supply will cause material injury to decreed water rights. Staff contacted the Division Engineer on the issue and the Engineer explained that once well permits have been issued to the Applicants, the water supply plan will not cause material injury and would be approved by the Division of Water Resources. Regarding irrigation water supply, Section 9:51 of the Subdivision Regulations require that an adequate irrigation water supply shall be available to all lots within the subdivisir:n. In this case, the individual wells do not include the provision of outside water usage which includes irrigation water. The Applicant was granted a decree (Case No. 03CW247) which included conditional water rights that included raw irrigation water from two ponds (Story Ponds 1 and 2) and the Gannon Ditch (Story Enlargement). In this way, irrigation water rights are to be provided through these conditional water rights to the parent property; however, it remains unclear how these rights are to be transferred to each new lot in order to satisfy Section 9:51 above. Resource Engineering Comments Resource Engineering reviewed the water plan and stated that "a new well permit for Lot 2 will be required pursuant to the decree in Case No. 03CW247 along with permits for Lots 1 and 3. Well permit applications for these wells were submitted in December 2004." In addition, the "the submittal does not address the requirements of Section 4.9I.a or for 4.91.d regarding evidence of a water supply sufficient in terms of quality, quantity and dependability. However, the existing well has a reported yield of 15 gpm and the property is in close proximity to Sweetwater Creek." D. Wastewater The existing dwelling on proposed Lot 2 presently uses a conventional septic tank and leach-field system. The Applicant proposes that the same Individual Sewage Disposal Systems (ISDS) will be utilized for each lot. The HP Geotech report indicates that the soils on l,ots 1 and 3 are suitable for such systems; however, site specific percolation tests shall be required for appropriate design of the ISDS at the time of building permits. The Applicant did provide an adequate ISDS Operation and Maintenance Plan that shall be required to be incorporated in the protective covenants for the subdivision. E. Soils/ Geolosy/ Radioactivitv A substantial portion of the property contains steep slopes well in excess of 407o- Garfield County prohibits development on slopes of 407o or steeper. Associated with the slopes are three debris fans where debris flows are a potential threat to life and property in certain areas. The Applicant provided a report prepared by HP Geotech (HP) containing an analysis of the soils and geology present on the subject property. This report specifically indicates that the property does contain certain geologic conditions that shou,ld be considered in project planning and design which include potential debris flow hazards, moisture sensitive soils, construction related slope instability, radiation, and earthqual,les. Debris Flow: According to the HP report, there are two relatively large drainage basins that are tributary to the project site that have deeply incised debris flow channels that run into the property from the north. Parts of Lots 1 - 3 could be affected by debris flows on Fans F4, F5, and F6. The repoft goes on to state that given the regional setting, debris flow recurrence in the project area is probably in the range of 50 to 100 years. A debris flow could result in damage to buildings and possibly harm to their occupants= If this risk is not acceptable. then feasibility of mitigation should bg considered as part of the stormwater runoff and drainage plan for the subdivision. The stormwater runoff and drainage control plan prepared by Gamba & Associates should also include an evaluation of the existing diversion structures on the site to determine if they have the capacity to convey potential debris flows and if the channels will be stable during future debris flow events. Moisture Sensitive Soils: Due to expansive and hydro-compressive soils, the HP report suggests when building sites have been determined, it is recommended that site specific soil and foundation studies at the proposed building sites be conducted to evaluate the settlement / heave potential of the foundation soils and to develop appropriate design recommendations. Construction Related Slope Instability: When building sites have been determined, it is recommended that a geotech engineer evaluate the proposed grading and develop appropriate design criteria recommendations as pafi of the soil and foundation studies for the nelv homes. Radiation: No radiation hazards, but the property is in an area where radon gas could be expected. Testing for radon could be done when the dwellings have been constructed. Also, new residential dwellings could be designed with provisions for appropriate ventilation of lower enclosed areas to mitigate the levels. related ground shaking. Occupied structures should be designed to withstand moderately strong ground shaking with little or no damage and not to collapse under stronger ground shaking. The region is in the 1997 Uniform Building Code Seismic Risk Zone l. As required in the 19917 UBC and 2003 IBC, all construction already contemplates designe<l specifications to meet the Seismic Zone I or the Seismic Category B. Colorado Geologic Survey (CGS) Comments Regarding debris flow, CGS makes the following points regarding debris fans where: they indicate that debris fans indicate disperse, unpredictable pathways and flows that trarrsport rock, mud, and water. Construction in these areas could cause serious damage to improvements. More specifically, CGS states: 1. On Lot 1, home construction would be feasible, but the access and leach field would be in the (debris) fan; and There is no area on Lot 3 that is both less than 407o slopes and not within ra debris fan area. Debris flow mitigation could be designed to increase the sizr: of acceptable building envelopes / sites; and If it is decided to allow future lot purchasers to address the debris flow problem, a plat note should state that homes on Lots 1 and 3 would require ;a debris flow mitigation Plan. Obtaining a building permit should be contingent on the preparation of an acceptable plan, and a County Engineer shoulj confirm the correct implementation of this plan; The peak flows presented by Gamba & Associates for the drainages should b,: checked by the County Engineer; 5. Drainage report should include an evaluation of stability of channels during future debris flow events; 6. Any new culverts under CR 150 should be designed with a bulking factor for debris. Regarding soils on the property, the CGS analysis concurs with the HP report indicating that due to expansive and hydro-compressive soils, the HP report suggests when building sites have been determined, it is recommended that site specific soil and foundation studies at the proposed building sites be conducted to evaluate the settlement / heave potential of the foundation soils and to develop appropriate design recommendations. In addition, ISDS can be accommodated on the lots and their functioning should not be jeopardized by future debris flow. In summary, CGS states that the primary concern at the property is the drainages that convey debris flows. Future construction would require debris flow mitigation on Lot 3 and part of Lot 1. 2. a 4. Resource En gineerin g Comments The proposed subdivision is subject to debris flow (as indicated in the drainage analysis), and hydro-compactive and expansive soils. Site specific soil and foundation studies at the proposed building sites should be conducted to evaluate the settlement / heave potential of the foundation soils. A plat note should be included on the final plat that requires such a study for residential development on Lots 1 and 3 to be conducted by a professional engineer licensed to practice in the State of Colorado. Staff finds that due to the significant debris flow hazards and slopes that exists on Lot 3, no ADUs shall be allowed on this lot. F. Drainase / Floodplain Issues The property is not located within any regulated / mapped floodplain areas. There are two drainages located on the property which are discussed in the HP Geotech report, by Gamba and Associates (the Gamba report), CGS, and by Resource Engineering. The Gamba report concludes the "proposed improvements on the site will have no measurable impact on downstream property owners in the form of increased runoff. However, care must be taken with positioning of new buildings which will be occupied. Ideally, the location should avoid debris flow completely, otherwise mitieation can be desiened. The report suggests examples of mitigation to include a robust wall which would deflect the debris flow. Alternatively, integrating a heavy reinforced concrete wall into the exposed face of the building and ensuring there are no openings (windows / doors) which would allow a mudflow to enter. Lastly, during the development stage of the lots, the location of any occupied buildings be optimized and, if needed, specific mitigation be designed by an engineered registered in Colorado as part of the detailed preparation of building plans." Resource Engineering reviewed the report and agrees with the analysis and states that the debris flow areas identified by the Gamba report and an appropriate note should be added to the final plat to disclose the debris flow hazard and that mitigation shall be required as a part of the building permit process. Resource Engineering also states that the drainage report examines only the 100 year event and concludes that the culvert under CR 150 is not adequate. The analysis actually needs to include a 25 year event analysis to determine if the culvert is adequate to pass the 25 year flood without overtopping the road. G. Internal Road /Access The property presently has one access from CR 150 to provide access to the existing improvements on proposed Lot 2. The Applicant proposes to provide separate access to Lots 1 and 3 via separate driveways from CR 150. The Applicant did not submit a traffic study with the application; however, it can be assumed that the entire project (3 single- family dwellings and 3 ADUs would generate approximately 57 average daily trips. As a practical matter, the approximate trip generation may be somewhat lower due to the remote location of the lots to urban areas. The 2OO2 traffic counts collected by the County indicate that 215 average daily vehicles were counted at the intersection of CR 150 and the county line. If fully built out with ADUs, the resulting 57 ADT would constitute a277o increase to that road. Because the Applicant proposes separate access points to all three lots and the fact that they would serve as shared access to two dwelling units, they shall be designed to the "primitive residential" standard which requires a 30 foot right-of-way with a 12 foot driving lane of natural material (gravel or dit). County Road and Bridge Department Comments The County Road and Bridge Department conducted a site visit to the property and provide the following comment: 1. All culverts beneath access points should be of Corrugated Steel Pipe. 2. All culverts should extend beyond the edge of the access roadway sfficiently to prevent sloughfrom congesting the inlet or outlet. All culverts should be 12 inches or larger. All culverts should have a minimum cover equal to half the diameter of the pipe. i.e. an 18 inch culvert would require nine inches of cover to finish grade. All culverts should have a minimum of 17o Jlow. All ditches entering to and exiting from culverts should be chased to daylight in order to facilitate flow. Access' should be constructed with a compacted sub-grade, then filled with a compacted six inch lrft of three inch minus, then topped with at least a three inch layer of compacted 3A road base (class 6) material. Compaction should test at not less than 957o of modified proctor. 8. Access' should be flared where they meet the counQ road and should be of sfficient width to conform with sub-division standards. 9. All areas of county road which encroach into or pass through private property should have right of way deeded to the county at 30 foot from centerline. 10. Stop signs should be placed where the subdivision accesses the county road. 11. AU accesses should be graded to follow 27o slope from crown, to a point at or beyond the location of the culvert. Were super-elevation is used the access grade shall be at 27o from edge of road to a point at or beyond the culvert. 12. Access' should provide a minimum of 200 feet visibility in either direction, from a point l0feet backfrom the edge ofthe county road. 13. Access' should meet the county road at a 90 degree angle for a minimum distance of 30feet. 14. Access' should b.e inspected by Road and Bridge for compliance upon completion. Lastly, it has been noted by the Road and Bridge Department that the motorcycle atop the mailbox represents a hazard to proper sight distance and suggests that it be removed to eliminate that risk. 5. 6. 7. 3. 4. Pursuant to Section 4.94 of the Subdivision Regulations, a part of the County's Capital Improvement Plan, the Board has established traffic study areas. The subject property lies within Traffic Study Area 12 of the Capital Improvements Plan. Since a base road cost per average daily trips for Study Area 12 has not been established, the Applicant will not be subject to road impact fees for this project. Note, future lot owners shall be responsible for obtaining the proper driveway permits from the Road and Bridge Department at the time building permits are sought for Lots 1 and 3. H. Fire Protection The subject property is not located within any fire protection district in Garfield County. Wright Water Engineers' (WWE) submitted a letter on behalf of the Applicants dated January 20,2005letter, which states that the 40,000 gallons of storage in the pond system om the property can also be reserved for fire protection. The water decree also requires that a pump and'permanent power supply be located at the pond which will aid in fire suppression. The WWE letter also references the Glenwood Springs Fire Department Wild Land Fire Guidelines. The application also includes a "Petition for Inclusion" where the Applicant has requested to be annexed into the Gypsum Fire Protection District. As of the drafting of this memorandum, no affirmative response was received indicating that the District has annexed the property. Resource Engineering stated that "the fire protection plan should be consistent with the International Fire Code (IFC) adopted by the County, incorporated into the covenants to be developed for the subdivision, and referenced on a plat note." As you may not be aware, the County Commissioners have recently discussed delegating enforcement of the IFC to the County Sheriff's Office and the Building and Planning Department. However, this delegation of duties has not been officially implemented. Ultimately, the 40,000 gallon pond with a permanent power supply and pump can function as fire flow supply rrvhich, according to WWE, is much more than many isolated residential homes. Colorado State Forest Service Comments The property has been mapped as "moderatehazard" on Garfield County's Wildfire Hazard Maps contained in the Comprehensive Plan based on predominant vegetation on the property which includes a mix of pinyon-juniper woodland, oakbrush, and cottonwood vegetation as well as slopes that average l5-207o in the proposed building envelopes. The Forest Service states that "The overall wildfire hazard has been reduced signiflcantly by the clearing and thinning of vegetation below the existing structure and greenhouse operations. The existing dwelling is a wood-framed, 2-story house with a non-flammable metal roof. As a result, the Forest Service rates the wildfire hazard low to moderate for this property." Understanding that the property is currently outside of a fire protection district and the fact that emergency response and the time involved could be an issue in the event of a wildfire, several water sources exist on the property that potentially mitigate wildfire hazard so long as a dry hydrant is constructed to provide direct access to fire department vehicles. t0 Th State Forest Service specifically recommendations to further mitigate wildfire hazard on this proposal, the Applicant should enhance the defensible space zone around the existing dwelling by thinning the pinyon-juniper woodland to an average 10 foot clearance between tree crowns in order to break up the tree canopy on the west side of the structure. Additional structures built on the property should incorporate defensible space clearing and thinning as outlined in Colorado State Forest Service publication 6.302, "Creating Wildfire Defensible Zones ". I. Vegetation / Weed Management The County Vegetation Manager reviewed the proposal and has requested the Applicant submit a noxious weed inventory and a weed management plan that would address any noxious weeds detected on the property. In addition, the revegetation issues mentioned in the memo by the Vegetation Manager do not need to be addressed as this project appears to be a "lot-split" and there are no surface disturbance issues (at least now) that would require revegetation. J. Wildtife The application contains a Division of Wildlife WRIS checklist prepared by the County IT Department which indicates that the property lies within Black Bear, Elk Winter, Severe Winter, and Overall Range, and Mule Deer Winter, Summer, and Overall Range. The Applicant states that the potential development of the three lots will have a near zero or no significant impact on the local wildlife or big game. The Division of Wildlife (DOW) reviewed the proposal and stated that the property lies within deer and elk winter range. As a result, fencing should be planned to facilitate wildlife movements, optimize habitat availability and reduce wildlife mortality. The DOW can provide additional information on wildlife friendly fencing. Due to bear and mountain lions in the area, the DOW suggests that proper trash containers are essential to reduce bear issues as well as problems with raccoons, skunks, and other small mammals. K. Additional Comments Comments were received from Cliff Simonton of the Eagle County Community Development Department. Mr. Simonton noted that "lacking improvements to Sweetwater Road, we would prefer to not increase traffic on this rural travel route by any significant amount. It would appear, however, that impacts from a project of this scale should be minimal. Pursuant to our earlier comments listed below, we trust that your office will work with the Applicant to protect wildlife, the riparian corridor and water quality in the stream as they move towards final plat." The memo from Eagle County during sketch plan provided the following points: 1. The ability of Sweetwater Road to adequately and safely handle the trffic anticipated from the proposed development. 2. Safe sight distance requirements at the intersection of the proposed driveway and Sweetwater Road. 3. A requirement for engineered septic systems, given the apparent proximity of the project to Sweetwater Creek. II The response time of the Gypsum Fire Department to the site, and the nee:d for both an on-site fire fightiny water supply, and the application of sitinSl and construction practices designed to minimize wildfire hazard. Impacts to wildlife, and that fact that Eagle County Master Plan map intlicate this area as deer and elk winter rang,e, elk severe winter range, and a likely locationfor Golden Eagle nest sites. The general compatibility of the project with adjacent dwelling unit den,sities, and the possibly setting of precedence for similar development along Sweetwater Creek. IV. RECOMMENDED FINDINGS 1. That proper publication, public notice, and posting was provided as required by law for the hearings before the Planning Commission. 2. That the hearing before the Planning Commission was extensive and complete; all pertinent facts, matters and issues were submitted; and that all interested parties were heard at those hearings. 3. That the application is in compliance with the standards set forth in Section 4:00 of the Garfield County Subdivision Regulations of 1984, as amended. 4. That the proposed subdivision of land is in compliance with the recommendations set forth in the Comprehensive Plan of 2000 for the unincorporated areas of the County. 5. The proposed subdivision of land conforms to the Garfield County Zoning Resolution of 1978, as amended. 6. The proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. STAFFRECOMMENDATION Staff recommends the Planning Commission forward a recommendation of approrral to the Board of County Commissioners for the Preliminary Plan of the Story Subdivision with conditions. VI. PLANNING COMMISSION RECOMMENDATION The Planning Commission recommends the Board of County Commissioners approve the proposed Preliminary Plan with the following conditions: 1. That all representations made by the applicant in the application and as testimony provided at the public hearing before the Planning Commission shall be considered conditions of approval, unless specifically altered by the Board of County Commissioners. 2. The following notes shall be placed on the final plat as well as be includod in the protective covenants: 4. 5. 6. t2 a. b. One ( 1) dog will be allowed for each residential unit and the dog shall be required to be confined within the owners' property boundaries. No open hearth solid-fuel fireplaces will be allowed anywhere within the subdivision. One (l ) new solid-fuel burning stove as defied by C.R.S. 25-7-401, et. sew., 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 will be the minimum amount necessary and all exterior lighting will be directed inward and downward, towards the interictr of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. d. No further divisions of land within the Subdivision will be allowed. Colorado is a "Right-to-Farm" State pursuant to C.fi.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, ntud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non-negligent agricultural operations. All owners of land, whether ranch or residence, have obligations under ,State law and CounQ regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with loning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale AgricultLtre" put out by the Colorado State University Extension Office in Garfield Counry. ,, One Accessory Dwelling Unit (ADU) may be constructed on Lots I and 2 of the / Story Subdivision so long as they meet the following requirements pursuant to p/ Section 5.03.021 of the Zoning Resolution of 1978, as amended: ( 1) The gross floor area for residential use occupancy shall not exceed 1,500 sq. f"t. (2) Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facility. c. e. f. o6' l3 (3) Only leasehold interests in the dwelling units are allowed. t. (4) That all construction complies with the appropriate County building code requirements. Foundations and Individual Sewage Disposal Systems for all new re:sidential structures on Lots I - 3 of the Story Subdivision shall be engineered by a Professional Registered Engineer licensed to practice within the State of Colorado. The engineered design shall be submitted with any building permit application. Site specific percolation tests shall be required for appropriate design of the ISDS at the time of building permits. j. Individual driveways for Lots I - j of the Story Subdivision shall be improved to the primitive residential standard pursuant to Section 9:35 of the Subdivision Regulations of 1984, as amended. Lots I - 3 of the Story Subdivision are not located within an establis'hed Fire Protection District. l. All residential development on Lots I and 3 shall require the submittal oJ'a Debris Flow Mitigation Plan prepared by a Professional Engineer licensed in th,g State of Colorado and qualffied to prepare such a plan. This plan shall be submitted as part of building permit applications. wells that are to tre dril ater Resources in public hearin issioners, Once proper approved well permits have been issued, and prior to the signing of the final plat, all physical water supplies shall demonstrate the following: a) That a four (4) hour pump test be performed on the well to be used; b) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; c) The results of the four (4) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and recharge; d) A written opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; 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; f) If the well is to be shared, a legal, well sharing declaration which discusses all easements and costs associated with the operation and maintenance of the system and who will be responsible for paying these costs ancl how assessments will be made for these costs; h. / t/ 14 4. 5. g) The water quality be tested by an independent testing laboratory and meet State guidelines concerning bacteria and nitrates. The Applicant shall incorporate the ISDS Operation and Maintenance Plan in the covenants which shall be submitted with the final plat documents. Based on the geotech I drainage analyses conducted by HP Geotech, Gamba & Associates, and the Colorado Geologic Survey, Lots 1 and 3 containssiggificafifiebris flow issues. As a result, the Applicant shall delin is flow areas on a newly submitted Preliminary Plan so on those lots so that be determined and delineated 6. 1. is restrlFd from being located in the debris flow areas. This information shall be submitted to Staff prior to scheduling the hearing before the Board of County Commissioners. The drainage report submitted by Gamba & Associates examines only the 100 year event and concludes that the culvert under CR 150 is not adequate. The Applicant shall submit a 25 year event analysis to determine if the culvert is adequate to pass the 25 year flood without overtopping CR 150. Due to the fact that wildlife does travel through the area, all fencing should be constructed to be consistent with wildlife friendly fencing standards used by the Division of Wildlife which includes, but is not limited to, the following: For wire fencing, a maximum height of 48" with no more than 4 strands and a 12" kickspace between the top two strands is sufficient. Rail fencing should be held to a maximum height of 42" with at least 18" between two of the rails. c. Mesh fencing is strongly discouraged, as it significantly impairs wildlife movement. 8. The Applicant should incorporate the following items in the protective covenants: a. Dogs should not be allowed to roam and homeowners should also be advised that dogs chasing wildlife is illegal and can lead to legal action. The Colorado Division of Wildlife will issue fines for dogs harassing or chasing wildlife. If a dog is observed chasing or harassing wildlife it may be shot. b. Bear/human conflicts have the potential to be a reoccurring problem in this area. As a result, all homeowner shall use an approved bear-proof container for storing all trash/garbage; 9. The Applicant shall remove the motorcycle fixed atop the mailbox to facilitate sight distance prior to final plat. a. b. l5 10. The Applicant shall provide the Garfield County Vegetation Manager the following items for approval as part of the final plat submittal application to the Building and Planning Department: a. A map and inventory of noxious weeds for the property using the Garfield County noxious weeds list. b. A weed management plan for the inventoried noxious weeds. 11.The Applicant shall submit a fire protection plan that demonstrates compliance with the applicable provisions of the 2003 Intemational Fire Code (FC) adopted by the County. This plan shall be included within the protective covenants to be developed for the subdivision. This plan shall be submitted to the Planning Department for review prior to scheduling the hearing before the Board of County Commissioners. I2.T-he Applicant shall construct a dry hydrant to be connected to the 40,000 pond that is properly designed to specifications of the Gypsum Fire Protection District. This hydrant shall be constructed prior to final plat. 13. The Applicant shall include the Colorado State Forest Service publication 6.302, "Creating Wildfire Defensible Zones" in the protective covenants of the subdivision. 14. The Applicant was granted a decree (Case No. 03CW247) which included conditional water rights that included raw irrigation water from two ponds (Story Ponds 1 and 2) and the Gannon Ditch (Story Enlargement). In this way, irrigation water rights are to be provided through these conditional water rights to the parent property; however, it remains unclear how these rights are to be transferred to each new lot. The Applicant shall demonstrate to the Planning Staff how irrigation water is to be provided to the three lots prior to the hearing before the Board of County Commissioners. 15. The stormwater runoff and drainage control plan prepared by Gamba & Associates should alsb include an evaluation of the existing diversion structures on the site to determine if they have the capacity to convey potential debris flows and if the channels will be stable during future debris flow events. This analysis shall be provided to the Planning Staff prior to the hearing before the Board of County Commissioners. \ "J o*h L rla n;;?tL, \u-4lo) *'l n'l7l''u L 11 -* tul J,.B,l,l hn ,*a] l6 COLORADO GEOLOGICAL SURVEY Division of Minerals & Geology Department of Natural Resources 1313 Sherman Street, Room 71 5 Denver, Colorado 80203 Phone (303) 866-261 1 FAX (s03) 866-2461 Aprrl25,2005 swNw24 T3S R87W DEPARTMENT OF NATURAL RESOURCES Bussell George Executive Director Ronald W. Cattany Division Director Vincent Matthews State Geologist Bill Owens Governor Mr. Fred Jarman Garfield County Planning 108 8th St Suite 201 Glenwood Springs, CO 81601 Re:Sweetwater Perennials CGS Review No. GA-05-0006 Dear Mr. Jarman: In response to your request and in accordance with Senate Bill 35 (1972) I visited this property to review the plat. The Preliminary Plan application included a Preliminary Geologic Review prepared by HP Geotech (4120104), a Percolation Testing report prepared by HP Geotech (5128104) and a Drainage Report prepared by Gamba & Associates (4/22/04). The site consists of 18 acres to be divided into 3 lots. Debris flows. The site is crossed by two incised drainages. The western drainage is aboutl0 ft deep where it enters the site from the north. Debris ranging to boulder size can be observed on the sides of the drainage. Boulders are also present on the south side of Sweetwater Rd, where previous flows from the southern drainage onto the road have been bulldozed. HP states after flows leave the defined channels (on lots 1 and 3, this would be about the location of the ditch), they disperse to debris fans. They estimated a thickness of 20 ft of debris fan deposits. The cache of boulders on Sweetwater Rd suggests that flows occur more frequently than the 50 yr recurrence period mentioned in the report. Gamba outlined the debris fans on the drainage analysis plan that accompanied the drainage report. Their map shows that all of the area below the ditch on lot 3 is fan deposit. Lot I contains about 16,000 sf below the ditch that is not covered with debris fan material (this would be in the vicinity of the existing cold frames). Debris fans indicate disperse, unpredictable pathways and flows that transport rock, mud, and water. Construction in these areas could cause serious damage to improvements. On lot 1, home construction would be feasible, but the access and leach field would be within the fan. There is no area on lot 3 that is both less than 40 percent slopes and not within a debris fan area. Debris flow mitigation could be designed to increase the size of acceptable building sites. If it is decided to allow future lot buyers to address the debris flow problem, a plat note should state that homes on lots 1 and 3 would require a debris flow mitigation plan. Obtaining a building permit should be contingent on the preparation of an Sweetwater Perennials, p. I acceptable plan. and a county engineer should confirm the correct implementation of this plan. Under no circumstances should a plan create or increase the magnitude of a problem associated with debris flows to adjacent property. The peak flows presented by Gamba (20,24 cfs) for the drainages should be checked by the county engineer. HP mentions that the drainage report should include an evaluation of stability of the channels during future debris flow events. We agree with that recommendation. Any new culverts under Sweetwater Rd should be designed with a bulking factor for debris. Soil. Debris flow/fans material is deposited quickly and often the resultant sediment contains a low density structure after it dries. This material could be subject to collapse (hydrocompaction) when loaded and wetted. For new construction, the subsurface soils from the building envelope should be sampled and tested for geotechnical characteristics so that foundations could be designed appropriately. Mitigation of hydrocompactive soils for foundations and flatwork could be to presoak and load the soils, or to overexcavate and recompact the soil. Hydrocompactive soils require strict management of surface and subsurface water. Grading should provide good positive slope and downspouts should not discharge close to structures. A subsurface drainage system that daylights should be included with any subgrade construction. Large cobbles and boulders should be removed from the building envelope because of the difficulty in achieving uniform compaction. ISDS. The soil percolation rates are suitable for standard wastewater disposal systems. ISDS design should be coordinated with the Garfield County Health Department. With continuing development near Sweetwater Creek, the health department might consider engineered systems desirable. Regardless of the design of the systems, their functioning should not be jeopardized by future debris flows. Erosion. After grading and earth movement at the site has stabilized, bare areas should be seeded to limit erosion and sedimentation. In summary, the chief concern at the site is the drainages that convey debris flows. Future construction would require debris flow mitigation on lot 3 and part of lot 1. Please call me if there are any questions. Yours truly, Celia Greenman Geologist Sweetwater Perennials, p. 2 exHtglr --1 Fred Jarman From: Santhony1029@aol.com Sent: Tuesday, April 26, 2005 10:58 PM To: Fred Jarman Subject: sweetwater perennials Fred, my apologies for getting this to you in email format. My home computer is having "issues" doing Word at the moment. ln my memo of 5128103, which is in the submitted prelim plan, I requested a noxious weed inventory and a weed mgt. plan that would address any noxious weeds detected. This still needs to be done. lf the applicant feels they don't have any noxious weeds, they need to state that. The revegetation issues that I mentioned in the same memo don't need to be addressed as this project appears to be a "lot-split" and there are no surface disturbance issues (at least now) that would require revegetation. Steve 4t28t2005 EXHIBITs OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1 3 1 3 Sherman Street, Room 81 B Denver, Colorado 80203 Phone (303) 866-358.1 FAX (303) 866-3s89 STA|E OF CO RECEIVED APR I I 2005 iiARFiELD COUNTY BUILDING & PLANNING April6,2005 Fred Jarman Garfield County Planning Dept 108 8th St Ste 201 Glenwood Springs CO 81601 Re:Story Subdivision Pretiminary Plan Section 24, T3S, R87W, 6TH PM W. Division 5, W. District 53 Dear Mr. Jarman: We have reviewed the above-referenced proposal to subdivide a parcel of approximately 18.203 acres into 3 residential lots with one single-family dwelling and one accessory dwelling unit on each lot. An existing residence on the property is currently supplied by an existing exempt well (Permit No. 158441). The applicants propose the construction of two new wells to supply water for domestic uses to the residences on the new lots. Sewage disposal is to be through individual septic systems. lrrigation water will be provided through conditional water rights as decreed in Water Court Case No. 03CW247. Review of the decree in Case No. 03CW247 shows that the applicants were granted an absolute water right for the existing well (Story Well No. 1), in the amount of 15 gpm, for domestic use in a single-family dwelling. Conditional rights were granted as follows: for the Story Well No. 1, 15 gpm for domestic use in an accessory dwelling; for the Story Well Nos. 2 and 3, 15 gpm (each well) for domestic use in a single-family dwelling and an accessory dwelling unit; for the Story Pond Nos. 1 and 2, a total surface area (all ponds) of 1 .1 acres and total storage capacity (all ponds) of 4.0 acre-feet for supplemental and new irrigation of 7 acres, augmentation, aesthetic purposes and stockwater; and for the Gannon Ditch Story Enlargement, 1.0 cfs for supplemental and new irrigation of 7 acres and fill and refill rights for the Story Ponds. Note that the decree does not allow any outside uses (e.9., irrigation)for water from the wells. The decree also approved a plan for augmentation, under which the Story Well Nos. 1-3 will be augmented by the Story Ponds, and by releases from Wolford Mountain Reservoir and Ruedi Reservoir pursuant to a contract with the Colorado River Water Conservation District for 0"3 acre-feet of annual augmentation and exchange releases. An approved copy of the contract was included with the submittal package. According to the decree in Case No. 03CW247,"\Nell permits issued pursuant to $37- 90-137(2).10 C.R.S. (2003) and this plan for augmentation must be obtained prior to the construction and/or operation of the Story Well Nos. 1 , 2 and 3 pursuant to this plan for augmentation...No such well permits shall be issued untilthe Story Pond Nos. 1 and/or 2have been constructed and filled with adequate replacement water and written notice has been provided to the Division Engineer. Such notice shall include an as-built stage capacity table and estimate of the active capacity of the pond(s), and confirmation that a permanent power Bill Owens Covernor Russell Ceorge Executive Director Hai D. Simpson, PE. State Engineer Fred Jarman Story Page 2 April 6, 2005 supply and permanent pump system have been installed for making the augmentation releases." Three well permit applications were received by the Division 5 office on December 1, 2004, but were returned to the applicants on March 24" 2005. The lack of the above-referenced notification was cited as the reason for the return, and the applicants were advised to supply this information to the Division 5 office by May 24,2005 to retain active status of the applications. Based on production information in our records for the existing exempt well and the proximity of the subdivision to the alluvium of Sweetwater Creek, it appears that the plan will be physically adequate. Based on the above, and pursuant to CRS 30-28-136(1XhXl), it is our opinion that the proposed water supply will cause material injury to decreed water rights, unless the applicants obtain and maintain valid well permits and the plan for augmentation is operated according to its decreed terms and conditions. lf you or the applicant has anv questions concerning this matter, please contact me. CMUCJUstory.doc cc: Alan Martellaro, Division Engineer, Division 5 Frank Schaffner, Water Commissioner, District 53 Sincerely, Water Resource Engineer EXHIBIT !.ooa Garfield County Road and Bridge, District I 7300 Hwy 82, Glenwood Springs, CO 81601 970-945-1223 ph' 945-1318 fax Date: 05-27-03 To: Tamara Pregl Building and Planning From: Bobby Branham Road and Bridge Dist. 1 Re: SweetwaterPerennials Please take into consideration the following conditions. 1. All culverts beneath access points should be of Comrgated Steel Pipe. 2. All culverts should extend beyond the edge of the access roadway sufficiently to prevent slough from congesting the inlet or outlet. 3. All culverts should be 12 inches or larger. 4. All culverts should have a minimum cover equal to half the diameter of the pipe. i.e. an l8 inch culvert would require nine inches of cover to finish grade. 5. A11 culverts should have a minimum of loZ flow. 6. All ditches entering to and exiting from culverts should be chased to daylight in order to facilitate flow. 7. Access' should be constructed with a compacted sub-grade, then filled with a compacted six inch lift of three inch minus, then topped with at least a three inch layer of compactedt/n road base (class 6) material. Compaction should test at not less than95Yo of modified proctor. 8. Access' should be flared where they meet the county road and should be of sufficient width to conform with sub-division standards. 9. All areas of county road which encroach into or pass through private property should have right of way deeded to the county at 30 foot from centerline. 10. Stop signs should be placed where the subdivision accesses the county road. 1 l. All accesses should be graded to follow 2Yo slope from crown, to a point at or beyond the location of the culvert. Where super-elevation is used the access grade shall be at2o/o from edge of road to a point at or beyond the culvert. 12. Access' should provide a minimum of 200 feet visibility in either direction, from a point 10 feet back from the edge of the county road. 13. Access' should meet the county road at a 90 degree angle for a minimum distance of 30 feet. 14. Access' should be inspected by Road and Bridge for compliance upon completion. With regards to this particular sub-division the motorcycle atop the mailbox will need to be removed to facilitate sight distance. Bobby Branham Dist. 1 Road and Bridge EXHIBIT L l^oA-bc Mr. Fred Jarman Garfield County Planning Department 108 Sth Street, Suite 201 Glenwood Springs, CO 81601 April25,2005 RESPONSE BY E-MAIL w/ attachment Re: Proposed Sweetwater Perennial (Story) Subdivision Preliminary Plan Dear Fred, Thank you for the opportunity to comment on the proposed Preliminary Plan for Sweetwater Perennials, which would subdivide an 18.2 acre property located just west of Eagle County - Garfield County line on Sweetwater Road. We have noted that the current proposal is essentially the same as that we reviewed at Sketch Plan. As such, we would offer the same response comments that were sent to you in our letter of May 23,2003 (also attached). Lacking improvements to Sweetwater Road, we would prefer to not increase traffic on this rural travel route by any significant amount. It would appear, however, that impacts from a project of this scale should be minimal. Pursuant to our earlier comments, we trust that your office will work with the applicant to protect wildlife, the riparian corridor and water quality in the stream as they move towards final plat. Should you have any questions, please don't hesitate to contact me at (970) 328-815I. Sincerely, Cliff Simonton, AICP Senior Planner filexc: EXHIBIT Ms. Tamera Pregl Garfield County Planning Department 108 8th Sffeet, Suite 201 Glenwood Springs, CO 81601 }lf.ay 23,2003 Re: Proposed Sweetwater Perennial Subdivision Sketch Plan Dear Tamera, Please be advised that Eagle County, as an adjacent property owner, is in receipt of a referral regarding the development of a18.2 acre property located on Sweetwater Road just west of the Eagle County - Garfield County line. The property currently accommodates a single family residence and agricultural uses. The applicants, Sweetwater Perennials, propose to subdivide the property into three lots ranging in size from four (4) to nine (9) acres, which is consistent with present Garfield County zoning, and which would allow for the construction of two additional dwelling units. Present Garfield zoning also allows accessory dwelling units, bringing the total potential density for the development to six units. The property has agricultural water rights, and historic agricultural uses are proposed to continue, to include greenhouses. No commercial uses are proposed. Access to the property originates in Eagle County via Sweetwater Road, and the three lots would be connected to this road by a single driveway. Domestic water would be provided by private wells, sewage disposal would be by ISDS. Lands to the east of this site in Eagle County are presently zoned Resource, allowing for lots of 35 acres or larger. Eagle County's Master Plan Future Land Use Map (FLUM), indicates a designation for this area of "Rural", which also contemplates densities no greater than 1 unit (+ 1 accessory unit) per 35 acres. However, the "Rural" designation does provide for "small concentrations of homes surrounded by relatively large tracts of undeveloped lands". As such, Eagle County would ask that the following be considered during the review of this proposal: l 1) The ability of Sweetwater Road, in its present condition, to adequately and safely handle the traffic anticipated from the proposed development. 2) Safe sight distance requirements at the intersection of the proposed driveway and Sweetwater Road. 3) A requirement for engineered septic systems, given the apparent proximity of the project to Sweetwater Creek. 4) The response time of the Gypsum Fire Department to this site, and the need for both an on-site fire fighting water supply, and the application of siting and construction practices designed to minimize wildfire hazards. 5) Impacts to wildlife, and the fact that Eagle County Master Plan maps indicate this area as deer and elk winter range, elk severe winter range, and a likely location for Golden Eagle nest sites. 6) The general compatibility of the project with adjacent dwelling unit densities, and the possible setting of precedence for similar development along Sweetwater Creek. Thank you for the opportunity to review and comment on the referenced proposal. Should you have any questions, please don't hesitate to contact me at (910) 328-8751. Sincerely, Cliff Simonton Planner xc: file EXHIBIT ",i?f",::"::.Hii;f(970) 248-7325 April 5, 2005 Fred Jarman Garfield County Building and Planning Department 108 8th st., Suite 201 Glenwood Springs, CO 81601 RE: Sweetwater Perennials/ Story Subdivision Fred, I have read the Preliminary Plan submitted for the Story property, and visited the site on April 5, 2005. Kevin Story was present during my site review of the property. I have the following comments regarding wildfire hazard on this proposal: The property has been mapped as "moderate hazard" on Garfield County's Wildfire Hazard Maps. The property is covered by a mix of pinyon-juniperwoodland, oakbrush, and cottonwood vegetation. Slopes average 15-20o/o in the proposed building envelopes. Most of the vegetation on the property covered by this proposal has been modified significantly by various past activities such as terracing, driveway construction, pond construction, and placement of greenhouses. Overallwildfire hazard has been reduced significantly by the clearing and thinning of vegetation below the existing structure and greenhouse operations. The existing dwelling is a wood-framed, 2-story house with a non-flammable metal roof. Currently, I would rate the wildfire hazard low to moderate for this property. This property is currently outside of a fire protection district. Emergency response and the time involved could be an issue in the event of a wildfire. However, several water sources occur on the property that potentially mitigate wildfire hazard. A large pond has been constructed directly below the existing structure, and the applicant has stated that, once completed, the pond will be accessible by a dry hydrant to fire department vehicles. ln addition, an irrigation ditch runs directly above and to the north of the structure. Several small ditches also provide water that supports the groMh of cottonwoods and other riparian vegetation directly to the west of the structure. During summer, this cottonwood vegetation would act as an effective fuelbreak to limit fire spread. My specific recommendations to further mitigate wildfire hazard on this proposal would be to enhance the defensible space zone around the existing dwelling bythinning the pinyon-juniperwoodland to an average 10 foot clearance between tree crowns, in order to break up the tree canopy on the west side of the structure. Additional structures built on the property should incorporate defensible space clearing and thinning as outlined in Colo;'ado State Forest Service publication 6.302, "Creating V/ildfire Deferrsibie Zones". A copy of this publication was left with the applicant. Thanks forthe opportunity to review this proposal. Please call me with any questions. Sincerely,{fi2-G- Kelly Rogers District Forester Cc: Kevin Story RECUIVED APR 0 7 2005 GARFiELO COUNTY BUILDING & PLANNiNG EXHIBITto Fred Jarman From: Lis, Craig [Craig.Lis@dwr.state.co.us] Sent: Thursday, April 14, 2005 7:50 AM To: Fred Jarman Subiect RE: Story Subdivision Letter Fred. That's correct - we were a bit wordy with that one. Craig ---Original Message----- From : Fred Ja rma n I ma i lto : f redja rman@ ga rfield -cou nty.com] Sent: Wednesday, April 13, 2005 6:19 PM To: Lis, Craig Subject: Story Subdivision Letter Hi Craig, am I to understand you correctly, in that, if they get new well permits pursuant to the court decree, there will be no material injury?? Thanks. Fred A. Jarman, AICP Assistant Planning Director Garfield County Building and Planning Department 108 8th Street, Suite 201 Glenwood Springs, Colorado 81601 970.945.8212 www. ga rfield-cou nty. com 411412005 IT'EIIITIIITIIIIIIIIITITT FIESOUFICE ENGINEEFIING Mr. Fred Jarman Garfield County Building and Planning Department 108 Eighth Street, Suite 201 Glenwood Springs CO 81601 EXHIBIT*P 'ffCEIvED APR 2 I 2005 GARFIELD COUNTY BUILDING & PLANNING April27,2005 RE: Review of the Preliminary PIan Submittal for the Story Subdivision Dear Fred: At the request of Garfield County, Resource Engineering, lnc. (RESOURCE) has reviewed the preliminary plan submittal forthe proposed Story Subdivision located at 0193 Sweetwater Road. The submittal includes a package with cover letter dated March 25, 2005. We reviewed the technical issues related to water rights and water supply, wastewater, drainage, geology/soils, wetlands and road. Our comments are presented below. WATER RIGHTS AND WATER SUPPLY The project is proposed to be served by individual wells on each of the three lots. The decree in Water Court Case No. 03CW247 provides for three wells and two ponds on the property. The case includes a plan for augmentation which provides for in-house potable uses for up to 6 dwelling units. lrrigation within the project will be with existing irrigation rights in the Gannon Ditch. The plan for augmentation relies on 0.3 acre feet of contract water from the Colorado River Water Conservation District and releases from one or both of the proposed ponds. An existing house with an existing well is located on Lot 2. A new well permit for Lot 2 will be required pursuant to the decree in Case No. 03CW247 along with permits for Lots 1 and 3. Well permit applications for these wells were submitted in December 2004. The submittal does not address the requirements of Section 4.91.a or for 4.91.d regarding evidence of a water supply sufficient in terms of quality, quantity and dependability. However, the existing well has a reported yield of 15 gpm and the property is in close proximity to Sweetwater Creek. The Story property is not located within a fire protection district. According to the Wright Water Engineers' (\ A//E) January 20, 2005 letter, 40,000 gallons of storage in the pond system will be reserved for fire protection. The \AME letter also references the Glenwood Springs Fire Department Wild Land Fire Guidelines. The fire protection plan should be consistent with the lnternational Fire Code adopted by the County, incorporated into the covenants to be developed for the subdivision, and referenced on a plat note. WASTEWATER ISDS systems are proposed for the subdivision. The existing house on Lot 2 utilizes a conventional septic tank leachfield system. The HP Geotech analysis indicates that the soils are appropriate for a conventional infiltration disposal system on Lots 1 and 3. Site specific percolation tests will be required for appropriate design of the ISDS system at building permit. An appropriate ISDS operation and maintenance plan has been included in the submittal. The ISDS operation and maintenance plan should be incorporated into the covenants. DRAINAGE Two smalldrainages are located within the subdivision which convey off-site and on-site drainage to Sweetwater Creek. These drainage features are subject to debris flow as indicated in the Gamba and Associates April 22, 2004 drainage report. The Gamba report recommends that Consulting Engineens and Hydnologists 9OS Colonado Avenue I Glenwood Spnings, CO A1 601 I (97O) 945-6777 a Fax [97O) 945-1137 Mr. Fred Jarman Page 2 April27,2005 buildings be located outside of the designated debris flow area or otherwise shall require debris flow mitigation designed by a Colorado Registered Professional Engineer. The debris flow area and appropriate plat note should be added to the final plat. The drainage report analyzes only the 100 year event and concludes that the existing County Road culvert is not adequate. The analysis should include the 25 year storm event to assess whether the culvert is adequate to pass the 25 year flood without overtopping the road. SOILS/GEOLOGY The proposed subdivision is subject to debris flow (as indicated in the drainage analysis), hydro- compressive soils, and expansive soils. Due to the potential for relatively large differential settlement or heave, site specific soil and foundation studies at proposed building sites are recommended. The standard county plat note requiring a s:ite specific geotechnical investigation to be submitted with the building permit application should be added to the final plat. WETLANDS There does not appear to be any Section 404 permitting issues for this project. TRAFFIC/ROADS We did not find a traffic study in the submittal. Since the subdivision consists of two new lots, the impacts are assumed to be minimal. The road impact fee will be based on a residential vehicle trip generation of 9.57 ADT per unit. This equates to 48 vehicle trips per day for 5 new units. The staff report for the Sketch Plan meeting indicates that there will be only one access point onto Sweetwater Road. A shared access road and easement must be shown on the plat. Such road must be designed in accordance with County Road standards in Section 9.35 of the subdivision regulations. Please call if you have any questions or need additional information. Sincerely, RESOURCE ENGINEERING, INC. .4r:' .u -.a .---ru'//4:.22"-' tvlichaei.l. €rion, P.f. 4 Water Resource Engineer MJE/mmm 885-29.0 E:\Client\885$ story prelim plan 885.doc :!!i: R ESO U RC EaaallIIIIIE N G N E E R I N G I N C STATE OF COLORADO Bill Owens, Govemor DEPARTiJIENT OF NATURAL RESOURCES ForWldlife- For People APR 2 7 2005 GARFIELD COUNTY BUILDING & PLANNING Garfield County Building and Planning 1Og 8th Street, Suite 201 Glenwood Springs, CO 81601 RE: Sweetwater Perennials/Story Subdivision Dear Mr. Jarman: The Division of Wildlife has reviewed this proposal and offers the following comments and recommendations for your consideration. 'After reviewing the application, the Division of Wildlife understands there currently is no plan for development of the lots and therefore the application does not delineate actual dwellings on the iots. Ho*ever, we would like to bring the following to your attention for future use if needed. The Sweetwater area is mapped as deer and elk winter range. The DOW continues to document the use of this area by both deer'and elk during our seasonal age and sex ratio flights during the winter months. Big gam-e animals can be expected to be in this area. For this reason, fencing should be ptanned to tlititate wildlife movemenis, optimize habjtat availability and reduce wildlife mortality' The bOOW can provide additional information on wildlife friendly fencing if needed. The area has experienced both bear and mountain lion conflicts in the past. The Division has much information on how to reduce or prevent these problems and can provide them if needed. We would suggest that proper trash containers are esseniial to reduce bear issues as well as problems with raccoons, skunks and other small mammals as well. Thank you for the opportunity to comment. Please contact District Wildlife Manager Sonia Mazec at (970) 947-2934 if you need additional information. Sincere{y, ldul_.- Pat Tucker Area Wildlife Manager Cc: Ron Velarde, John Bredehoft, Sonia Mazec, file DEPARTMENT OF NATURAL RESOURCES, RussdlGeorge, Executive Director WILDLIFE COMMISSION, Jeffiey Crar,vbrd, chair o Tom Burke, Vice chair. Ken Tones, Secretary Mamherc Rnheri Flrav r Rink Fnqtrnm r Philin .lamec r Claira O'Naal r Richard Rav r Rnhart Shnamaker DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Bruce McCloskey, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303) 297 -1 1 92 April26, 2005 RECEIVED EXHIBIT REFERRAL FORM Garfield County Building and Planning Department 108 Sth Street, Suite 201, Glenwood Springs, CO 81601 (970) 945-8Zl2Fax: (970) 384-3410 Date Sent: Marc Return Req File Name(s)Project Name(s)Type of Application(s) Sweetwater Perennials / Story Subd. I Same Preliminary Plan Staff Planner: Fred Jarman (fredj arman @ garfield-county.com)Phone: (970) 945-8212 Applicant: Sandra N. & Kevin P. Story Phone: (910) 524-1519 Contact Person: Engineer is Wright Water Engineers, Bill Lorah Phone: (970) 945-7755 Location: 0193 Sweetwater Rd. Gypsum, CO. Sec. 24,T 35, R 87W Summary of Request: Request is to subdivide 18.203 acres into 3 lots with all lots requesting ADU's for a total of 6 units. The Garfield County Planning Department has received a land use request as referenced above. Your comments are an important part of the evaluation process. In order to review all appropriate agency comments and incorporatethemintotheStaffReport,werequestyourresponseby@ CARFIEI.D COUNTY (ahml Di Road & Bridee Counw Attomey \hrs)L/'" Y\e.fidF,'{lr3los- FrRE,(oDc.€ds4 .a\b?-{?641 p. 15)l-a15, L\61 Ub,I crttlde Qlnsncct€lS 6, U,q lnntl COLORADO STATE 7 Wafer R RIM Geological Survey (Fee) Health Depanment Forest Service (Fee) Wildlife Division SERVICE DISTRICT 1 Q Wpcr Public Service Holv Cross Electric G-S./Carbondale Fire District SilrtJew Ca-stle/Rifl e Fire District Soil Conservation District Planning Commission BOCC Exhibits for PC 05llll05 Exhibit A Proof of Mail Receipts and Postine B Proof of Publication C Garfield County Zonrng Regulations of 1978, as amended D Garfield County Comprehensive Plan of 2000 E Garfield County Subdivision Regulations of 1984, as amended F Staff Memorandum G Application Materials submitted by the Applicant H Letter from the Colorado Geolosic Survey to B&P dated 4125105 I Email from the County Vegetation Manager dated 4126105 J Letter from the Division of Water Resources to the B&P dated 416105 K Letter from the Road and Bridge Department dated 5/27103 L Letter from Eagle County Community Development Department dated 4125/05 M Letter from Eagle County Community Development Department dated 5123103 N Letter from Colorado State Forest Service dated 4/5105 o Email from the Division of Water Resources dated 4ll4l05 P Letter from Resource Engineering dated 4121lO5 o Letter from the Division of Wildlife dated 4126105 R Referral Form from Sheriff s Department dated 4ll3l05 S Lut- 4r* 4- V,A- l^rtw {l wl ot MAY-r t -05 FR0M-Colo Div of l{atsr Res OFFICE OF THE STATE ENGINEER Dlvisbn of Water Rgsources Dopartmonl of Na!ural Resoulcss 1313 Sherman Streal, Room E18 a----^- A-l--r^ Onr^eugnvclr t ul(Jlduu w4vJ Prone (303) 8E6-3s81 FAx (303) 866-3589 hilP:riffi .unltor,6l6t3- co, uE FAX GOVER SHEET PLEA6E DELIVER TI{E FOLLOWING PAGE$ TO: Fr€d Jarman OFFOE: 5/11'200s FN(: 970-i84€470 T-168 P 00r/003 F-520 ]OLORADOttwW CL C-e^P<l"r Bill OwonB Golarnor Rugssll Geomo 6(eculiv6 Diloclor tral0, Slmp6on. P.E. Slate Engincor TO: DATE: FROM: PHOIIE: 303€663581 FAX: 3m4663509 TOTAL NUMBER OF PAGES hlCtUDlNG COVER SHEET: 3 A Urgent E For Your lntormatlon El Pteass Reply E As Requeeted qrilhla ^t, % lf you do not tGcelyc all oJ the pggcs ar fudlceted orths quallty ls ruacccptablor Ptaa3o call us back aa $oon al poselblo' TeteDhone (3031865.3581 Far number: (300) a66-358s MEISS3AGE: MAY I I 2OO5 3,fffiffP,',:H^I[J IIAY-I l-05 02:58PM FROllt-Colo Div of ltlator Rarources +3038663589 T-168 P 002/003 F-520 STArEOF@ OTTICE Of THT STATE ENGINEER Oivision of Wnrer Resource$ Deporunent of Nalural RPSouIceJ 1 3l I Shcrrnan Streot. Room 8.1E Oenver, Colorado 80203 Plrone (303) 866'35n1 FAX t]03) 86&1589 sm,iw.watel,Stille -co, us Bill owrx Covv,,)o, May 1 1, 2005 R!ssL.ll Cst6r Exccud"e D[o<tor t{il D.shnp5on, ltE. strte Engirccr Fred Jarman Garfield County Planning DePt 108 8th St Ste 201 Glenwood SPrings CO 81601 Re: Story Subdivision Preliminary Plan Section 24, T3S, R87W,6TH PM W. Division 5, W' District 53 Dear Mr. Jarman: We have reviewed the above-referenced proposalto subdivide a parcelof approximately 1g.203 aqres into 3 residentiat lots with one single-family dwelling and one accessory dwelling unit on eaci lot. An existing residence on the profrty is cunently supplied by an existing exempt well ii"irit No. 15M41). ihe appticants propose the construction of two new wslls to supply water ioidomestic uses to ttre resro'ences oh tha new lots. sewage disposal is to be through individual *upt'" systems. lrrigation water will be provided through conditional water rights as decreed in Water Couri Case No. 03CW247. Review of the decree in case No, 03CW247 shows that the appliCants were granted an absolute water right tor ttre exixing woll (story well No. 1 ), in the amounl of 15 gpm, for domestic ,;;il a singte-fa-mily dwelting. Cinditionat riiHs were grante^d as follows: for the Story Well No' i, i5 gd f[r Oorneitic use in an accessory d-welling; for the Story Well Nos' 2 and 3, '15 gpm (eachiel) for aomesiic use in a single-family Owettrirg and-1n.accessory dwelting unit; for the btory ponU Nos. 1 and 2,a total surfice are; (all ponds; of 1.1 acres and total slorage capacity (alr 6onos) of 4.0 acro-feetfor supplemental and new inigatron of 7 acrss, augtnentation' aesthetic p;;[r;;;"U stoitn,,ater; and foi ihe Gannon Ditch Story Enlargement, 1.0 cfs for supplemental lnO ne, irrigation of 7 acres and fill and refill rights for the Story Ponds. Note that the decree does not allow any outside uses (e.g., irrigatiorr] for water frgm lfe wells. The decree also appi.reO a ptan for autmentation, inderlvhichthe Story Welt.Nos. 1-3 witl be augmented by the Siiry ponas, and by re-l"r""s from Wolford Mountain Reservoirand Ruedi Reservoir pursuant to a contract with the (Xtorado River Water Conservation Distric{ for 0.3 acre-feet of annual augmentation and exchange releases. An approved copy of the contracl was inc-luded with the submittal Package. According to the decree in Case No. 03CW247, ''Well permits issued pursuant to $37- g0-137(2). 1O C.R.S. (2003) and this plan for augmentation must be obtained prior to the construaion and/or oieration of the Story We[ Nos. 1, 2 and 3 pursuant to this plan for augmentation...No such well permits shall be issued until the Story Pond Nos. 1 .and/or 2 have UiEn constructed and filled with adequate replacement water and written notice has been provided to the Division Engineer. Such notice shall includa an as-built stage capacity table and estimate of the active Capaclty of the ponct(s), and confirmation that a permanent power llAY-ll-05 02:58PM FROiil-Colo Div ol tlatsr Roaources Fred Jarman Story +303866 3589 T-168 P 003/003 F-520 Page 2 May 1 1, 2005 supply and permanent pump system have been installed for making ihe augmentation r*l'elder.' inree well permit applications were received by the_Division 5 office on December 1, 2094, but were retumdU to tne'dpplicants on March 24,2005. The lack of the above-referenced notification was cited as the reason for the retum, and the applicants were advised to supply this information to the Division 5 office by May 24,2005 to retain sctive status of the applacations. Based on production lnformation in our records for the existing exempt well and ttid proximity of ths subdlvhion to the alluvlum of Sweetwater Creek, it appears that the plan will be physically adequate. Based on th6 above, and pursuant to CRS 3G'2&136(1XhXl), it is our oplnion that the proposed watar supply wlll not cause materlal injury to decreed water rights, so long as the ipdrcants obtain and maintain valid well permits and the planlor augmentation is operated accordirrg to its decreed tarms and conditions. lf you or the applicant has any questiotts concerning this matter, please contact me. CMUCJUSIoT la.doc cc: Alan Martelloro, Division Engineer, Division 5 Frank Schaffner, Water Commissioner, Distrlct 53 Sincerely, Water Rosource Englnear [,!AY-I 1-05 02:58PM FR0M-Colo Div of llatar Rorourcee + 303 866 35 89 T-168 P 002/003 F-520 STATE OF COLOT(ADC OFFICE Of THT STATT ENGINEER Divislon of Water Resoutces Deparunent of Nltural Resourcos 1313 Sherman Strctlt, Room 818 Denver, Colorado 80203 Plronu (303) 866.3581 FAX B0l) 86&1t89 sn A r.watef'fl ile'Co.trs May 1 1, 2005 Bill Ow/tr Covril)oa Rlslell C.sr6? Exscud"€ Dhftlor lral D. Slrnpton, l?f Stue Erqhrcr Fred Jarman Garfreld County Planning DePt 108 8th St Ste 201 Glenwood SPrings CO 81601 Re: StorySubdivisionPreliminaryPlan Section 24. T3S, R87W,6TH PM W. Division 5, W. District 53 Dear Mr. Jarman: We have reviowed the above-referenced propGalto subdivide a parcelof apProximately 1g.203 acres into 3 rosidentiat lots with one singl;family dwelling and one acoessory dwelling unit on eaci lot. An existing residence on tha Proddy is cunently supplied by an -existing exampt well (permit No. 158441). fhe appticants propose the construction ottwo new wells to supply water for domestrc uses to he residences on ths n"* rotr. Sewage disposal is to be ihrough individual septic systems. tgigation water will be provided through conditionalwater rights as decreed in Water Courl Case No. 03CW247. Raview of the decre€ in case No, 03cw247 shows that the appltcants were granted an absolute water right for tne exLstlng well (Story Well No' 1), in the amount of 15 gpm' for domestic use ln a single-famity dwelling. Conditional riifnswerg glgnt"i asfollows: for the Story Well No' i, i5 gd f6rComeitic use in an accessoryawefing; f* q" Story Well Nos' 2 and 3'.15 gpm (each wel) tor aomesii"-ruein a singte-famity Owetting and an.accessory dwelling unit for the blory poni Nos. 1 and 2,a total surface arui 1aU pongsl of 1.1 acres ard totalstorage capacity (all pondS) of 4.0 acre-feet for supplementat and new inigatnn of 7 acr€s, augmentation' aesthetic ourDoses and stockwatei ina toi ine Gannon Ditch story Enlargernent, 1.0 cfs for suppbmental ["i^J* i"i;;tiil; 7 acies and fitt and refill righrs for theStory Ponds. Note that the decree does not allorr any outside usas (e.g., irrigatiorr) forwater fromthe wells. The decree also appi"-,eO a plan f6r augmerrtation, Inder whictrthe Story Well l'.los. 1-3 witl be augnented by the Siiry ponOs, and by re"l"r"us from Wolford Mor.rntain Reservoirand RuediRe-servoir pursuant to a contract with the CoforaUo nfver Water Conservation Oistric{ for 0.3 acre-feet of annual augmentation and erchange releases. An approve d capy of lhe contract was induded wilh the submiti;al package. According to the decree in Case No. 03C:W247, "Well permits issued pursuant to $37- g0-137(2). 1o C.R.S. (2003) and this plan fOr augmentation must be obtained prior to the construction and/or oi,Lt"ti6n of the Story Well Nos. 1, 2 and 3 pursuant.to.this-plan.for "rgment"tlon...No t,i"n *.fi p"rmits snall be issued until the Story Pond Nos' 1 .andlor 2 have Uiin construeJed and fitted with adequate replacement water and Mitten notice has been piovideO to the Division Engineer. Such notice shall includa an as-buih strage capacity table ind estimate of the aAnve &paclty of lhe ponct(s), and confirmation that a permanent power tu MAY-I1-05 0Z:58PM FR0M-Colo Div of $iatsr Rarources +303 866 3589 T-168 P 003/003 F-520 Fred Jarman Story supply and permanent pump system have been installed for making the augmentation releases.' inree well permit applications were received by the Division 5 office on December 1, 2004, but were retumdO to tre'dpplicants on March 24,2OO5. The lack of the above-referenced notification was cited as the reason for the retum, and the applicants were advised to supply this inforrnation to the Division 5 office by May 24,2005 to retain aclive status of the applications. Based on production lnformation in our records for the existing exempt well and dd proximity of the subdlvlsion to the alluvlum of Sweetwaler Craok, it appears that the plan will be physically adequate. Based on the above, and pursuant to CRS 3G'28-136(1XhXl), it is our oplnion that the proposed water supply wlll not cause materhl injury to decreed water rights, so long as the ipplicants obtain and maintain valid well permits and the plan lor augmentation is operated actording to its decreed terms and conditions. lf you or ttrc applicant has any questions concerning this matter, please contad me. CMUcJUStoT ii.doc cc: Alan Martellaro, Division Engineer, Division 5 Frank Schaffner, Water Commissioner, Distrlct 53 Page 2 May 1 1, 2005 Sincerely, Water Resource Englnear + 303 86635 B9 T-?68 P 001/003 F-520 MAY-I 1'05 02:58PM FR0M-Colo Div of tlatsr RrsourcossrArEoF@ "D'Ji"Jffi ; ;ilttural Rosourcos H*iiffif#j.#?83""u rN< (so3) 866'358e hirP:rr\rrww.$,ator'datRGo uE FA)( GOVER SHEET PLEA6E DELIVER TI{E FOLLOWTI{G PAGE$ TO: TO: Fred Jarman Brll Owena Go!aftror Rus0etlGeoI0o exocl/llvt Otodor HolO, SlmP6on' P'e' SlalB Enginoor OFFOE: DATE:5/1112005 FAX: 970'3843470 FROM: q/nrhh '-" % PHONE; 303886€581 FAX 3038664589 TOTAL NIJI/IBER OF PAGES hICLUDNG COVER SHEEI: 3 BUrgentDForYourlnforrnattonIPleaseReplyBAsRequested $youdo,,*,*"r,'jl"T".ll,r::f":l'si"iffffiH:H.naocoPtabro' ,r.oll'i.',iffi ;ilEi i"r "'1" -l" r: (303) 866'350e ME$SAGE: MAY I 1 2OO5 GARFIELD COUNTY BUILDING & PLANINING [4AY-Il-05 02:S8Pltl FR0M-Colo Drv of l{atar Rcrourcas +303866358 I T-768 P 002/003 F-520 STATE OF COLOMDO OTFICE OF THE STATE ENGINEER Divislon of Water Resource, Deportment of Natural Resou'cas t3Il Sherman Strl,,ot, Roorn 8'18 Denver, Colorado 80203 Phonc {}03) 866.1581 FAX t303) 06&3589 sn \^i,.watet Sttle -cO.tis May 1 1, 2005 Eill Ou€rb Covio)ot Russcll C.mrEF Exocudve Dkeaor ltal O. Slrnpson, llE SLlre En8h(sr Fred Jarman Garfield County Planning DePt 108 8th St Ste 201 Glenwood Springs CO 81601 Re: StorysubdivisionPreliminaryPlan Section 24, T3S, R87W,6TH PM W. Division 5' W' Distilct 53 Dear Mr. Jarman: We have reviewed the above-referenced proposalto subdivide a parcelof approximately 1g.203 acres into 3 rasidentiallots with one singlB-family dwelling and one accessory dwelling unit on each lot. An existlng residence on the profrty is cunently supplied by an existing exampt Well tpo|lli No. 158441)- fne ippticants propose the construction of two new wslls to supply water for domestic uses to tne resro'ences oh tha new lots. Sewage disposalis to be through individual u"piic systems. rrigation waier will be provided through conditimal water rights as decreed in Water Court Case No. 03CW247. Review of u1e decrea in Case No, 03CW247 shor,rs that the appllcants_were granted an absolute water right for the existing well (Story Well No' 1), in the amounl of 15 gpm' for domestic ,i* fn a single-fa-mity dwelling. CinUitionat riifrts werg grantel as follows: for the Story Well No' i, iS gp, f6rOorneitic use in an accessory Owelling; for tfre Story Well Nos' 2 and 3, 15 gpm (6acnien) for aomesiic use in a single-famity owetting and an.accessory dwelling unit for the btory poni Nos. 1 and 2,a total surflce arei 6n pon{s) of 1.1 ases ard tolal storage capacity iari i"nost of a.0 acre-f*itor supptenrental and new irrigatlon of ? acres, augtnentation. aesthettc irriootlnA stocfn"at"i ana foiine Gannon Dttch Story Enlargement, 1.0 cfs for suppbmental lnf,ne* irrtgation of 7 acies and lill and refill rights for the Story Ponds. Note that the decree does nol allow any outside uses (e.g., inigation) forwater frory-rfhe rnlells' The decree also app.reO a plan f6r argrnlntatioir, inOer-wnicfrthe Story Welt Nos. 1-3 witl be augmented by the 6i6ry ponds, and by re"l".""s from Wolford Mountain Reservoirand RuediResennir pursuant to a contract Wth the Cotorado RivEr Water Conservation District for 0.3 acre-feet of annual augmentation and erchange releases. An approved copy of lhe contrac{ was induded wiltt the submittal Package. According to the decree in Case No. 03Cil/247, "Well permits issued pursuant to $37- g0-137(2), 1O C.h.S. (2003) and this plan for augmentation must be obtained prior lo the consfiuc*ion andlor oieration of the Story Well Nos. 1, 2 and 3 pursuant to this plan for augrnentatfon...No r,iJn wett p"rmits shall be issued until the Story Pond Nos. 1 .andlor 2have beEn construcied and fitted with adequate replacement water and written notice has been provided to the Divislon Engineer. Such notice shal! includa an as-built stage capactty table and estimate of the active capaclty of lhe pond(s), and confirmation that a permanent power IIAY-Il-05 02:58PM FR0M-Colo Div of [/ator Rssources +3038663580 T-168 P 003/003 F-520 Fred Jarman Story May 1 1, supply and permanent pump system have been installed for making the augmentation releases." ihree well permit applications were received by the Division 5 office on December 1, 2004, but were retumdO to tfre.applicants on March 24,2OO5. The lack of the above'referenced notification was cited as the reason for the rehrm, and the applicants were advised to supply this inforrnation to the Division 5 office by May 24,2005 to retain active status of the applications. Based on productbn lnformation in our records for the existing exempt well and tid proximity of the subdlvlsion to the alluvlum of Sweetwater Craok, it appears that the plan will be physically adequate. Based on th6 above, and pursuant to CRS 3&.2&136(1XhXl), it is our oPlnion that the proposed watar supply wlll not cause materlal injury to decreed water rights, so long as the applicants obtain and maintain valid well permits and the planlor augmentatlon is operated according to hs decreed terms and conditions. lf you or the applicant has any questiorts conceming this matter, please contad me. CMUCJUSIoT ii.doc cc: Alan Martellaro, Division Engineer, Division 5 Frank Schaffnar, Water Commissioner, Distrlct 53 Page 2 ,2005 Sincorely. Water Resource Englnear UIAY-I l-05 02:58PM FR0lfi-Colo Div of l{ator Rsrources +303866358S T-168 P 002/003 F-520 STArE oF coLoRADc OTTICE OF THE STATE ENCINEER Division of Water Resources Deponment of Natural ResourcsJ 't 3I I Sherman Strcot. Room 81 I Denvet Colorado 80203 Plrone (3O3) 866'3581 FAX t]03) 86&3589 sn i^,.watef,fl tle.cO.tti Bill Oerri Covi0)oa May 1 1, 2005 Ru$L.ll CsrBF [rccud"e Dheaor llal D. Slrnp5m, [8. Sltre Erqhtcr Fred Jarman Garfield County Planning DePt 108 8th St Ste 201 Glenwood Springs CO 81601 Re: Story Subdivision Prelirnin?{ Plan Section 24, T3S, R87W,6TH PM W. Division 5, W. District 53 Dear Mr. Jarman: We have reviewed the above-refarenced propealto subdivide a parcelof approximately 1g.203 acres into B residential lots with one singlB-family dwelling and one acoessory dwelling unit on eac-h lot. An existing residence on the Property is cunently supplied by an -existing exampt well leermit No. 15M41)- fne appticants propose the construction of two new wells to supply water for domestrc uses to the residences on the new lots. Sewage disposal is to be through individual ""piic systems- lnigation water will be provided through conditionalwater rights as decreed in Water Court Case No. 03CW247- Raview of the decre€ in case No, 03cw247 shors that the applicants were granted an absolute water rightfor the existing woll(Story Well No' 1), in the amount of 15 gpm' for domestic ,i"ln " single-fa;iry dwetting. C&rditionat riglrts were grante^d as fotlows: for the Story Well No' i, f S gpm f6r Oomeitic use i; an accessory awefing; for tfre Story Well Nos' 2 and 3, 15 gpm 1da*lvefll 161 aomeslic use in a singte-famity Owetnlig and-qn.arcessory dwelling unit; for the Story poni Nos. 1 and 2, a total surface arei, latt ponds) of 1.1 acres ard totalstorage capaeity (alr ionos) of +.0 acro-f&tfor supplenrental and new inigatnn of 7 acres, augrnentation. aesthetic ilrfilt5-;"0 itoctnrvater and foi ihe G"nnon Ditch Story Enlargennnt, 1.0 c'fs for suppbmental i[j;e* inigation of 7 acies and fill and refill rights for the Story Ponds. Note that the deoee does nol allow any outside uses (e.g., inigatiorr) forwater frroqrfhe urells' fie decree also ippi"*O a ptan f6r argmernatioi''', inOer urt icfiihe Srory Well Nos. 1'3 will be augmented by the Siiry ponds, and by rei"ors from Wolford Mor.rntain Reservoirand RuediResenoir pursuant to a contract with the botorado River Water Conservation District for 0'3 acre-feet of annual augmentation and erchange releases. An approved copy of lhe contrac{ was inc'luded wilh the suhmital Package. According to the decree in Case No. 03C:W247, "Well permits issued pursuant to $37- g0-137(2). 10 C.R,S. (2003) and this plan for augmentation must be obtained Prior to the construaion andlor oieration of the dtory We1 Nos. 1, 2 and 3 pursuant to this plan.for augmentaflon...No r,icf, wefi p"rmits shill be issued until the Story Pond Nos-. 1 .andlor 2have beEn construeted and fitted with adequate replacement water and wriften notlce has been piovided to the Divislon Engineer. Such notice shall includa an as-built stage capacity table and estimate of the actave clpaclty of the pond(s), and confirmation that a permanent power MAY-I 1-05 02:58PM FROM-Colo Div of $latsr Rosources Fred Jarman Story +30386635 B9 T-168 P 003/003 F-520 Page 2 May 1 1, 2005 supply and permanent pump system have been installed for making the augmentation releaies.' ihree well permit applications were received by the€ivision 5 office on December 1, 20O4, but were retumdO to tne'dpplicants on March 24,2005. The lack of the above-referenced nolification was cited as the reason for the retum, and the applicants were advised to supply this inforrnation to the Division 5 office by May 24,2005 to retain active status of the applications. Based on production lnformation in our records for the existing exempt well and Uid proximity of the subdlvEion to the alluvlum of Sureetwater Craek, it appears ihat the plan will be physically adequale. Based on the above, and pursuant to CRS 3G'2&136(1XhXl), it is our oplnion that the proposed watar supply wlll not cause materlal injury to decreed water rights, so long as the bpdfcants obtain and maintain valid well permits and the plan for augmentation is operated according to its decreed terms and conditions. lf you or $re applicant has any questions conceming this mafter, please contact me. CMUGJUSIoT ti.doc cc: Alan Martellaro, Division Engineer, Division 5 Frank Schaffner, Water Commissionsr, Distrlct 53 Sincorely. Water Rssource Englneer [tlAY-11-05 02:58PM FR0li'l-Colo Div of lilator Rcsourcss +303866358S T-768 P 002/003 F-520 STATE OFCOLOMDC OTTICE Of THT STATC ENGINEER Oivislon of Water Resourcet Deportment of Naluril Resourca'; t313 Sherman Streot, Room 818 Denver, Colorodo 80203 Plrooe (]03) 866.3581 FAX t303' 86F1509 www.wetet'5tlle -co.tr5 May 1 1, 2005 Bill Ownr Covqfr)or Rusrcll C6IBE Excsud"e Dhxror Hi{ D.Sirnprm, liE. Sutte Enghcur Fred Jarman Garftald County Planning DePt 108 8th St Ste 201 Glenwood SPrings CO 81601 Re:Story Subdivision Prelirninary llan Seaion 24, T3S, R87W,6TH PM W. Division 5, W. Distilct 53 Dear Mr. Jarman: we have reviBwed the above-referenced propGalto subdivide a parcelof approximately 1g.zo3 acres into 3 residentiatlots with on" "ingi6-f"'.ily dwelling and one accessory dwelling unit on eacfi lol An exisgng residence on the pr;p"-rty is cunentiy supplied by an -existing exempt well (permit No. 158441)- ihe appticants propose the construction of two new wells to supply water for domestrc uses to the residences on the ""* iott. Sewage disposal is to be through individual septic systems. rnigalion water will be provided through conaitonalwater rights as decreed in Water Court Case No. 03CW247. Raview of the decree in Case No. 03CW247 shouus that the applicants_were granted an absolute water right for the exisfing wen (story wllt No. 1), in the amount of 15 gpm' for domestic use ln a single-family dwelling. Condiiional ,i6m" **t" gtlnt"j as follows: for the Story Well No' i, iS gp, f6r Oomeitic use i; an accessory O;wetting; f* q. Story Well Nos' 2 and 3' '15 gpm (each we1) tor oonreslic-use tn a single-fam1y Owerririg and an.accessory dwelling unit: for the Story Pond Nm. 1 and 2,a total surtlce a# (* ponqs) of 1'1 acres and totalstorage capacity (alt ponds) ot +.0 acrelf*t tor-trppttrnent"i tnJ n"* inigalT of 7 acres, augmentation' aesthetic purposes and stockwafi;a-fffhe C."n1on Oitcfr St"nl Enlargernent, 1'0 c'fs for supplamental ;i;r* irrigation of 7 acies and fill and refill nSlts for nb-Story.eonds' Note that the decree does not allo* any outside usas (e.g., irrigatiorti forwatet fryT.Te wells' fie decree also appro\€d a plan for augn;rrtatioil, InOer-orn't"n'tne Sbry Welt.Nos- 1-3 will be augmented by the Story ponds, and by r"Lr"". from Wolford Mor.rntain Riservoirand Ruedi Reserwir pursuant to a contract wth the cororao" nrver water conservation oistrict for 0.3 acre-feet of annual augmentation and erchange releases. An approved copy of lhe contracl was induded with the suhmittal Package. According to the decree in Case No. 03C1ff247. "Well permits issued pursuant to $37- g0-137(2). ro c.n.s. iToosi'ano this plan for augmentation must be obtained prior to the construction and/or d;"tdilitne Story Well NIos 1, 2 and 3 pursuant to.this-plan.for augmentation...No t,Ln *Jip"rmits snattbeissued untilthe sby l:11 !::]:11o':t 2have Uiin construcied and filted with adequate replacement waler and wrttten notice nas been provided to the Divislon Engineer. Srlch notice shall includa an as-built stage capacrty table ind estimate of the ,.t u" i"prcfty of the ponct(s), and confirmation that a permanent power IIAY-Il-05 02:58PM FR0M-Colo Div sl llator Rorourcss Fred Jarman Story +303 8653589 T-168 P 003/003 F-520 Page ? May 1 1, 2005 supply and permanent pump system have been installed for making the augmentation releases.n Three wel'permiiaiplications were received by the_Division 5 office on December 1, 2O(M, but were returned to the applicants on March 24, ?ri}', The lack of the above-referenced notification was cited as the reaion for the retum, and lhe applicants were advised to supply ini" iniorrrtion to the Division 5 office by May 24,2005 to retain active status of the .ppfi6tiJnr. Based on production tnformation in our records for the existing exempt well and tfJr;rpty of the subdtv6ion to the attuvlum of srreetwater Creek, it appears that the plan will be physicallY adequate. Based on the above, and pursuant to CRS 30-28-136(1XhXl), it is our oplnion that the propofiGtar supply wlll noi *u." materlal injury to decreed urater rights, so long as the Spfii*nts obtain anOhainAin valid well permits and the planfor.augmentation is op.erated a;brAing to its decreed terms and conditions. lf you or the applicant has any questiotts conceming this matter, please contad me. Craig M. Lis, P.E. Water Resource Englnear CMUCJUSIoT ii.doc cc: Alan Martellaro, Division Engineer, Division 5 Frank Schaffner, Water Commissionor, Distrlct 53 Sincorely, 29409 PROOF OF PUBLICATION iTATE OF COLORADO ) lor.]NrY oF EAGLE i tt' ' Kathy Heicher, do solemnly swear that I am a.qualified represent?liv9 of rhe Eagle valley Enterprise,Pltlt same weekly newspaper printed, in rvhole "; i; ;il;; published in tne C"ourty of Eagle, staterf Colorado, and has a geniril circulation therein; tnat jaiJ ,"*rpup.r -has been published continuouslyLnd unintemrptedly in said co-unty of Eagle_for a period;i;;. than fifty-two consecutive weeks nextrrior to the first publication of the annexEd legal ,i"ti.. oiuou.rtisement;'thut .uiJ n.*spaper has beenrdmitted to the united s^tates.mails as a perioiicat uil;r1d;;;risions oi tr,. e"1j nrarch 3, 1g79, ormy amendments thereof, and that said niwspaper is a *eet iy newspaper duly qualified for publishingegal notices and advertisements within the meaning ortt" ra*s'ofin" s,ut" of colorado. lhat the annexed legal notice or advertisement was published in the regular and entire issue of every tumber of said weekly newspaper for the period of 1 consecutive insertions; and that the first publication rf said notice was in the issue of said newspaper dated March 24 A.D. 2005 and that the Iast publication rf said notice was in the issue of said newspaper dated March 24 A.D. 200s. n witness whereof I have here unto set my hand this 0lst day of April, 2005 , tlst day of April, 2005. My Commission expires: November 1,2007 gu;5***ffi Legal Dscriplion: A psrcel ol tand located in the i!: fr:uit!*,,,r fi .H*:,djt.5.,,1[ l&Te'ft Y.t] s:iT:e:'*I,;',1*,1 il:l','ilpend€nt Fesuryey ot saio Townsnif"a;;;;;d;X l'#,;:'."i,?",'ff .ff ff fn:* :t":i:ili:.::'*i 1) N 49"37'13"W. 395.42': Z; tt SS.tS,at" W. rOO.OO, j *.l1fl :IFL:}fti.,I.iilti'jlii#il$iii me- of said-Southwest Ouarler irf tf," f,forii,il"ie_uarttr of -saction 24; thence atong siio Er.i'iii-", Hi:13-"i?,:i;5::1,J,,::"r.3::.,J:.#::k;"g $i#ll'fixi"trif,lll*:*f,:,*;;$ Ei.li!ll1!""!'"ll. l[",JJi,ff,y t".J:i"ii. ;: il'.Ty"i:!+ff,:? sec,on 2a' Townsh'p as"'ii lii*rl&r=,l,trJl#"rffi*-.il'x'- ['::'-'jifi '!"',::: :*' "l; f '"iiru' # trfll'll',{T{:,Ti#i{*fi:;#ffi i,:,tT lll ryr:"lt aflected by rhe proposed subdtvisionare-rnvited. lo€ppear a,id stat6 tni, ,i"*i, pioil"j. ihilE:?d,fJ, "il,!,. ifr# [.:,:P[;:vt6ws by.telter, as the planning- Co;.ia;;;"r;;tigrve consideralion to lhe comm€-nts of sunounOinoproperty.owners, and orhers "tt..r"o, ln J"".iiii.Xwn-e-rher to grant or d€ny rhe r€quesi, t i iri,i iii:p.osed subdivi*n. The application may be re- :l1y9q ll !!p-olic_e or rhe ptinnins Dep"itr"^t ii_:1lT ar 10^8 8th streer, suite 2o1l rod at|,6iru"i, ;tr:HH5Tffi ,"";:ffi ::.XiT,'fl JX?[iF;5nffi planning Oepartment Gartield County Published in lhe Eagle Valey Enterpilse March a4, j Manager/Publi sher/Editsr 29409 PROOF OF PUBLICATION iTATE OF COLORADO )) ss. loLiNTY OF EAGLE ) , Kathy Heicher, do solemnly swear that I am a qualified representative of The Eagle Valley Enterprise, h^a1t!e same weekly newspaper printed, in whole or in partind published in the iounty of Eagle, Staterf Colorado, and has a general circulation therein; that iaid ne*qpup.r has been published coniinuously rnd unintemrptedly in said County of Eagle for a period of more-thin fifty-two ionsecutive weeks nextrrior to -the first publication of the annexed tegal notice or advertisement; that said newspaper has beenrdmitted to the United States mails as a periodical under the provisions of the Act of Maich 3, 1g79, or rny amendments thereof, and that said newspaper is a weekly newspaper duly qualified for publishing egal notices and advertisements within the meaning of the laws of ilre Staie of CotoiaOo. lhat the annexed legal notice or advertisement was published in the regular and entire issue of every tumber of said weekly newspaper for the period of I consecutive insertions; and that the first publication rf said notice was in the issue of said newspaper dated March 24 A.D. 2005 and that the last publication rf said notice was in the issue of said newspaper dated March 24 A.D. zoos, n witness whereof I have here unto set my hand this 0rst day of April, 2005 ' ,lst day of April, 2005. My Commission expires: November 112007 , eulre truilt,E. IllijloJtgF thar K€vin and Sandra Slory haw 33t'.1il l?",y"", ?ilJIE" i;lll?,..i3l, d,g"x T1_1._9lllo]' 9t,:pqruar ror the pretiminary ptan fora otvtston ot land lo be know as tt e S,ireetwaiel fifl ii1lil::'3?*:y,:o#",f, :n:i,#ji,:i1,.,",",.,iaam.end€d, in connmtion wiriitrre toltowing ielciil 3ffi "'JiEJy":::?:1 jn the countv or -earrLri' !::ii--iT,"A?:H,1,'il:"l""liill,,ffi :..."1",3ffiy1t Nw-_t{1) ot sffrion z+, i"*"i,NJ b't,lJtirlHang€ 87 wsst of th6 sixtr prtncipJ rvre;iii;.Garfield County, Cotorado aftording'i" ih; i;Ap€ndent.Rosuruey ot uta fownstrip"anO ia-njeL 1gpr.oy-eg ry tha Departmeil of lnterior o" A"r;,;21, 1933; (being moie particularty described as"fot.tows): 1) N 49"37'13"W 39s.42': e1 N SS"tS'er"w. too.oo': [.ll]fl ::xril]i:',]: iliiiiii#iljfl [me or said_ Soulhwest Ouarler of ttre ttortfrwesieuarttr of _Section 24: thonce along said East tinosilth 00.19,37" Easl 710.76 t€€t tdths West Cen_rer srxteenlh Corn€r of said Scction 24; thencealong. the. South line of Eaid Southw€st Or"rt", "ff.'.#jJiil::l .?.:3t%.,"1" fnT't1t, ii ;:;jfnmg. Pracli.cal^Location: Th6 property is located onvounry Hoad lS0 (Sweotwatei Road) in rhcuweerwater Ar6a in Section 24, Townshid 3 Soui;and Range 87 Wast .T!e^ nroqg3-ea request truotv€s Bubdividing rhe l1..j^ ..ac..e_ p.rcpg.ry cunenily z6nedAgnilfiurat/Bastdentiaimursl oensity lennOjrn-to- 3 tots^with Lot t hrving 4.004 aci,e;, Loil llll9_.s:314 a.crE6,, and Lor O having'6.054acres.. r ho.Appflcant also roquesta appr6vaf ioi :::f,,t9i_th: have an acceeiory ow"'rrrng-unii(AUU, tor a totsl of two rasld6ndal uniis oneach lot- llL per:ols atected by the proposed subdtvisionare tnvtted to appaar and slate their views, protesisor support. ll you can not appear personally atsu-ch hearing, then you are u;ged to state vourviaws by letter, as ths planning- Corrii.ion,*lligrve consideralion to the cmme;ts of suroundindproperty owners, and others atteaeo, in JrciJiniwn_erner to grant or deny the requesl lor ttre proip-osed subdivision. The appticatoo may be ro_vrswed at the ollice ot the planning Department to_ f99.:!]0^s Brh Srreer. suite 2otl tori etn St,"€i,Erenwood Springs, Colorado betwmn the hours oiu:JU a.m. and 5:00 p.m., Monday thrcugh Friday. l_?lb-11"- h:".ritlg- on rhe pretimtnary pran hss!ffffi! !ii[1i3;X,1?jL 1o0' r08 8th srr€6t' crenwood planning Depsrtment Garrield County ft8l:n"o in rhe Easl€ Valey Enrerprise March a4, Srsx* : PAi'ELAJ. i.. SCHULTZ i ftir*# Schultz, Notary r Complete items 1, 2, urd 3. Also complete item 4 if Restricted Delivery is desired.I Print your name and address on the reverse so that we can r€tum the card to you.I Attach this card to the back of the mailpiece, or on the front if space permits. E Agent El Aodrassee C. Date ot Delivery Yes ENo 7-r! E R€glst€r€d El Retum R€colpt for Merchandlso El lnsured Mail E C.O.D. 1. Article Addressed to:D. ls delfuery address different fom item 1? lf YES, enter delivery address bslow: 2. Artlcle Number (fransferfmm sn biti Rofoers DD}+ Srlee'l"n+<rPet SWorrr Co tlW+3. ServjCeType(e*nn*ua El ExpressMall 4. Restricted Delivery? (Ertm Fee) ?0Br+ e51,0 n0Db B?qh qlsI B. Received by (Printed Name)UJ, {LoL Lr PS Form 381 1, reoruary 2OC4 Dom€stic Return Rece,pt E yes COMPLETE TH'S SECr/ON ON DELIVERY 10259s{2-M-1540 r ComDlete items 1, 2, and 3- Also complete item 4 if Restricted Delivery ls desired' r Print vour name and addr€ss on the reverse so thit we can retum the card to You' r Attach this card to the back of the mailpiece, or on the front if sPace Permits. 1. Article Addr€ssed to: Type 'C"ttmtO ffall E gxPress tvtatt E Registercd E Raum Recelptfor Merchandise EI lnsured Mall E c'o.D. 4. Restricted Delivery4 (E fia fue)E ves tilu-illn u.out u?qb qsbb ll YES, enter delivery address below: .liirir#r, o/ -6r Mplyr\ 3si .Surce*'o d$ fb 6qosrt,'r- oJ ttutt 2. Ardcle Number fratrsletlun sc,tvh PS Form 381 1, feuruary 2oo4 Domestic R€tum Recsipt 10259@-M-1540 COMPLETE THIS SECT'ON ON DELIVERY Dato of Delivery ls delivery frcm item 1?Yes trl No 7 -zz--of r Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired.r Print your name and address on the reverse so that we can retum the card to you.r Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addr€ss€d to: E egent E Addressee C. Date of Delivery D. ls deltuery addrcss diferent ltom item 1? E Y6s lf YES, enter delivery addres below: E No 4. Restricted De,lvery4 (Ex'a fue)EI Yes fultn*.1 orJsnar R.w-ra- 0z; Suee;l''.:d'rR'' 6.1 pSu n^" Co 2. Artlclo Number (fnnsfer from servle w, 3. ServJgeType p4erfifie<t [aa[ tr Express Mall E negbtor€d E RAum Rocelpt lbr Merchandls€ El lnsur€d Mall trl c,O.D. 700r, Est0 boos ozlg rt 173 PS Form 381 1, feUruary 2OO4 DomesUc Retum Recelpt 102595{2-M-1540 COMPLETE IH'S SECI'OA' ON DELIVERY A" Slgnature x l hrut ': ''' "i,,-) PUBLIC NOTICE TAKE NOTICE that Kevin and sandra Story have applied to the planning commission, Garfield Co,nty, State of Colorado, to request u roo-*"ndation of approval for the Preliminary Plan for a division of tand to be known a, trr" s*eet rater perennials / siory suMivision p,rsuant to section 4:00 ofthe subdivisionRegulationsortqta, as amende4 inconnectionwiththe followingdescribed p;;"ny situated in the County of Garfield, State of Colorado; to-wit: Leeal DescriPtion: (See Exhibit A attached) practical Location: The property is located on cotrnty Road 150 (sweetwater Road) in the Sweetwater Area in Section 24, Township 3 South and Range 87 West' The proposed request involves subdividing the 18'2-acre property currently zoned Agricultural / Resiiential / Rural rlensity (ARRD) into_3 lots with Lot t having 4'004 acres, Lotlhaving S}Macr*s, and Lot 3 having bSSl scre!. The Applicant also requests approval for each lot to have an accessory dwerting unit (ADLr) for a total of two residential units on each lot. All persons affected by the proposed subdivision are invited to appear and state their views, protests or support. Ifyou can not appear personally at such hearing, then you are urged to state your views by letter, as the planning iommirsior, *itt give consideration to the comments of surroturding property owners, and otf,ers affected, in deciding whether to grant or deny the request for the p-irr"a subdivision. The application may be reviewed at the office of the Planning Departrnent located at l0g gth Stree! suiie zot, 108 8di Street, Glenwood Springs, Colorado between the hours of 8:30 am. and 5:00 p.m., Monday through.Friday' A public hearing on the Preliminary Plan has Ueen at 6:30 p.M. inthe County Commissioners Chambers, Room 100, 108 8th Street, Glenwood Springs, Colorado. Planning Departrnent Garfield CountY Er\;h{- k PROPERfi DESCRIPT]ON A porcel of lond locoted in the Southwest r.fWf /+) of Section 24, Township 3 South' Gorfield County, Colorodo occording to the Ronge os opproved by the Deportment of porticulorly described os follows): Quorter of the Northwest Quorter (Swtr/+, Ronge 87 West of the Sixth Principol Meridior lndJpendent Resurvey of soid. Township ond lnterior on August 21, 1933; (Oeing more Beginning ot o point on the Northerly-right of 1vo,y boundory line of Sweetwoter Rood o on the South line of soid Soutnweit'Qu6rter of the Northwest Quorter of Section 24 from which soid West Quorter Corner of Section 24 beors: South 88'35'22" West 745'5t feet distont; thence olong soid Northerly right of woy the following two (2) courses: 1) 2) N 49'37'13" W. N 55'19'2',1" W. 395.42'; 100.00'; thence deportinq soid Northerly right of woy North. 00'04'50" West 685'00 feet; thence South 74'43'11" Eost 1032.69 feet" to o point on the Eost line of soid Southwest Quort of the Northwest euorter of Section 24; thence,oiong soid EosJ line south oo19'J7' Eost 710.76 feet to the West Cenlu.li*t"unth Cornei of soid Section 24; thence olonq the South tine of soid southwest 'duo.t". of the Nortnwest ouorter of Section 24 Soutl 88'35'22" West 616.00 feet to the Point of Beginning'