HomeMy WebLinkAbout1.0 ApplicationGARFIELD COUNTY
Building & Planning DePartment
108 8th Street, Suite 201
Glenwood SPrings, Colorado 81601
Telep ho ne: gZO.-9+S. 821 2 Facsi m i le : 97 0'384'347 0
www. qarfield-countv. com
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Special Use Permit
GENERAL INFORMATION
(To be completed by the applicant')
Street Address / General Location of PropertV: ? t Afi H,qhn b*ea
Existing Use & Size of Property in acres:
DeSCriptiOn of SpeCial USe RequeSted: Ac(€asoR"? oa-C'uJr\X, f Lc)(' CT"STRLtAo'\'\
I Zone District: ftna{)
Name of ProPertv Owner:
Address: ?tq T&Auru..R TQI+L Telephone: 9?o 9'{<- cl6Sz- u'^'
City: Crtew",ro ShryvC"< State: ZipCode:*l{)1 FAX:9)09'ls'73'7
) Address' {+r.r TelePhone:
P City:State:Zip Code:FAX:
STAFF USE ONLY
Date Submitted:- TC Date:
) Legal DescriPtion:
c. The site shall be posted such that the notice is clearly and conspicuously visible
from a public right-of-way, with notice signs provided by the Planning Department'
The posting must take place at least thirty (30) but not lgre than sixty (60) days
prior to the hearing date and is the sole responsibility of the applicant to post the
notice, and ensure that it remains posted untii and during the date of the hearing'
4. The Applicant is required to appear before the Board of county commissioners at the time
and date of the public hearing at which time the Board will consider the request- ln addition,
the Applicant snlit provide pr6of, at the hearing, that proper notice was provided'
5. Once the Board makes a decision regarding the special Use request, Staff will provide the
Applicant with a signed resolution m6motialiring the action taken by the Board' Following
the Board,s approval, this office will issue the Special Use Permit to the applicant' lf the
Board,s approval includes specific conditions of approval to be met, this office will not issue
the official Special Use permit certificate until the applicant has satisfied all conditions of
approval. The Special Use permit approvat is not finalized until this office has issued the
Official Special Use Permit certificate signed by the Chairman of the Board of County
Commissioners.
I have read the statements above and have provided the required attached information
which is correct and accurate to the best of my knowledge'
Last Revised: 1 1 107 12002(Signature of aPPlicanUowner)
SPECIAL T]Str PE,RMIT _ ACCESORY DWELLING
IwoULDLIKE,ToCONSTRUCTANACCE,SSORYDWE,LLINGoN
TI#,SUBJECTPARCEL.THEAPPROXIMATEDURATIONoFTHE
PROJE,CTWILLBE,60-90DAYS.oNANYGIVENDAYUPTo3oR4
CONSTRUCTION VE,HICLES WILL BE, oN SITE WORKING DTJRING
REGULARBUSINE,SSHOURSONLY.tPLANToHAVE,PowER
SUPPLIE,D TO THE SITE FROM XCE'L E'NE'RGY' WHO IS
CURRENTLYDEVELOPINGAPLANSUFFICIENTFORTFIE
PROJECTSUSE.TF{ESEPTICANDINFILTRATIONSYSTEMWILL
BEINSTALLEDSUFFICIENTToSUPPORTTHEDWELLINGAFTER
ANACCE,PTABLE.PERCOLATIONTESTISPERFORMED.THE
DOMESTICWATERSUPPLYISCOMINGFROMTHEENCLOSED
WATERAUGMENTATIONPLANCURRENTLYSUBMITTEDTOTFIE
MANAGINGAUTHoRITIES.ALSOPARToFTHEPROJECTWILL
BEINSTALLEDAPUMPHOUSEToADEQUATE,LYSUPPLYALL
PROPoSE,DUSESFoRTHEpnopgnTYWITHDOMESTICWATER.
THIS PROJECT WTIT- HAVE LIMITED VISUAL IMPACT ON ALL
ADJOININGPROPERTYowNERSWITHADDITIONALTREES,
SHRUBSANDLANDSCAPINGToBE,COMPLE,TE,DWITI]INTHE
SAME,PERIODoFCONSTRUCTION.COMPLETIONAND
IMPROVEMENToFTFIEEXISTINGDTVEWAYWILLALSOBE
PERFORMEDDURINGTHECONSTRUCTIONPERIODoRPRIOR.
AF.q I tt ?[ili3
*:ffi'*.E'HF$$iffilo
,
,
GARFIELD COT]NTY BUTLDING AND PLANNING DEPARTMENT
AGREEMENT FOR PAYMENT FORM
(Shall be submitted with application)
GARFIELD COTINTY (hereinafter COTNTY) and Dourro Zsae(
(hereinafter APPLICANT) agree as follows:
1. APPLICANT has submitted-to COTINTY an applicatign foi._--
nosr rr,u*ro r""'R,e^**co
"ri,5o-
&...1r t *z (hereinafter, THE PRoJEcr)'
z. AppLICANT understands and agrees that Garfield County Resolution No' 98-09' as amended'
establishes a fee schedule for each type of subdiision or landuse review applications, and the guidelines for the
adnrinistration of the fee structure'
3. A,'LICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it is not possible at this time to-asJ"rtui, th: lr11 extent of the costs involved in processing the
application. APPLICANT agrees to make n'**t 91-t1t n"e Fee' established for the PROJECT' and to
thereafter permit additional iosts to be biied to AppLICANT. APPLICANT agrees to make additional
payments upon notification by the COI-INTY when they are necessary as costs are incurred'
4. The Base Fee shall be in addition to and exclusive of any cost for publication or cost of
consulting service d,elerrnined ,re".rruty il,1fr" go*d of County Cqornissiongrs for the cqnsil gration of an
application or additional corrNTy staff time or expense not covlred by the Base Fee. If actual recorded costs
exceed the initial Base Fee, AppLICANT shall pay-additional billings to cotrNry to reirnburse the cotrNTY
for the processing of the PRoJECT mentioned utor". nppitceNf acknowledges that all billing shall be paid
prior to the fina' consideration by the colrNTy of any land use permit, zoning amendment, or subdivision
plan.
APPLICANT
o*et llrclol
?orvto Zse'l€(L
Print Name
O REcEr\mD
Maiting Address: -5W < Aex R*u-" GuUt.tolg,,o 36tutS (0
6t6at
RECEIVED
i 1r',!1rir-'i' liril
GARFIELD COUNTY
mlLomc & PtAllNlNG
March 10,2003
To whom it maY concem:
with regard to my accessory dwelling permit request I wanted to address several items of
informaltion critical to my application approval'
The cabin I ptan to construct on each of the 4+ aqeparcels are approximately 920 sq ft' I
am having percolation test performed in the locations where the cabins are to be placed
sufficient to allow "a"q""r"
sewage disposal systems installed at each site' In addition'
the water augmentafion plan in the latei stages of approval will provide an adequate
source for domestic water for each parcel's-cabin. The accessory dwellings will be built
to at least the U.B.C. standards of ctnstruction along with any other pertinent code
requirements within the county guidelines'
I am not part of any HOA and these parcels reside in AARD zoning' The ownership of
.u"t, ottUe parcels is feg slmple with no leaseholds'
A detailed search at the county assessor's office indicated no mineral rights of record on
either of the two Parce1s.
I hope this adequately explained the details of my request to yow satisfaction' If you
have any other questions, please don't hesitate to call'
RespectfullY,ffi
31053 HighwaY 6 &,24
Rifle, CO 81650
PUBLIC NOTICE
TAKE NOTICE that Donald zieglerhas applied to the Board of county commissioners' Garfield
county, State of colorado, to request u rp".iut.rre permit, pursuant to sections 3 '02'03 and 5'03'21
of the Garfield c"""ty Z"rirg ILsohtion of 197g, as amended, in connection with the following
described property situated in the County of Garfield, State of Colorado; to-wit:
Legal DescriPtion: see attached
Practical Description: The property is located at 31054 Highways 6 &z4'Rifle' colorado'
Request Description: The special use permit would allow the construction of an accessory dwelling
uniion subject property referred to as Parcel 1'
All persons affected by the proposed special use ale invited to appear and state their views'
protests or support. Iiyou can not appear personally at such hearing, then you are urged to state
your views by letter, u, th" Board of County Commissioners will give consideration to the
comments of surrounding property owners and others affected in deciding whether to grant or
deny the request fo, tfr" Ip""iuf use. The application may be reviewed at the office of the Building
and Ptanning Departmenilocated at 108 8th Street, Suite 201, Garfield County PlazaBuilding'
Glenwood Springs, colorado between the hours of 8:30 a.m. and 5:00 p.m', Monday through
Friday.
The public hearing on the application has been set for the 4th day of August' 2003' at 1:15 p'm.,
in the County Comirissior.r, Chu*bers, Garfield County PlazaBuilding, Suite 100, 108 8th Street'
Glenwood SPrings, Colorado.
Planning DePartment
Garfield CountY
PUBLIC NOTICE
TAKE NOTICE that Donald Ziegler has applied to the Board of Colnty Commissioners, Garfieldcounty, State of colorado, to request a special use permit, pursuant to Sections 3.02.03 and 5.03.21of the Garfield County Zontng Resolution of l97ti, as arnended, in connection with the followingdescribed property situated in the county of Garfield, State of colorado; to-wit:
Legal Description: see attached
Practical Description: The property is located at 31054 Highways 6 &z4,Rifle, Colorado.
Request Description: The special use permit would allow the construction of an accessory dwellingunit on subject property referred to as parcel 2.
All persons affected !1the proposed special use are invited to appear and state their views,protests or support. Ifyou can not appear personally at such hearing, then you are urged to stateyour views by letter, as the Board of County Commissioners will give consideration to thecomments of surrounding property owners and others affected in deciding whether to grant ordeny the request for the special use. Theapplication may be reviewed at the office of the Buildingand Planning Department located at 108 8th Street, Suite z0t, Garfield County plazaBuilding,
Glenwood Springs, Colorado between the hours of 8:30 a.m. and 5:00 p.m., Monday throughFriday.
The public hearing on the application has been set for the 4th day ofAugustr 2003, at l:15 p.m.,in the County Commissioners Chambers, Garfield County plazaBuilding, Suite 100, igi i.iil;;;;Glenwood Springs, Colorado.
Planning Department
Garfield County
JoHN A. THULSoN
EDWARD MULHALL, JR
Scorr BALCoMB
L-a.wRENcE R. GREEN
TrMorHY A. THULSoN
DAVro C. HALLFoRD
CHR|SToPHER L. GEIcER
ANNE MARIE McPHEE
AMANoA N. MAURER
DEBoRaH DAVts*
DAVro P. JoNES
' Aeso eourreo ro EucrrcE
NEw YoFx aNo MissouFr
El.l.r,coMB & GnrcPrv, P.C.
ATTORNEYS A.f LAW
P. O. DR.{}IER 790
818 COI,ORADO A\/ENUE
GLENIVOOD SPRTNGS, COLOR\DO ar602
'TELEPHoTYE: 97O.945.6546
FACSTMTT,E: 970.945.8902
www.balcombgreen.com
OF CoUNSEL:
KENNETH BALCoMB
ltt 0 1 2003 December 1'2003
Hand Deliaeru+
Don and Annette Ziegler
544 N. Traver Trail
Glenwood Springs, CO 81601
Rr: Ar,PrTCerION OF DONETP AND ANNETTE ZIEGLER/ CASE NO. O2CW35O
Dear Don:
I am pleased to confirm that the Water Referee has entered the Ruling of Referee
as we proposed in your case granting the Application. The Ruling provides for a legally
reliable supply for the four single-family residences and related irrigation involved in.your
property d*.top..,ent. A copy of the Ruling is enclosed. It was dated November 25'h and
mailed to us on November 26'h. Consequently, any protest to this Ruling must be filed in
the Water Court on or before December 1,6,2003. If no protest is filed, the Water Judge
should confum the Ruling as the Judgment and Decree of the Court.
Notwithstanding the 20-day protest period, the Ruling provides, at page 12,that
the Ruling became effective upon fiii.g with the Water Clerk
We will, of course, keep you apprised of the Court's final approval of the Ruling.
Sincerely,
BALCOMB & GREEN, P.C.
DCF{,4P
Enclosure
E:\WP-Docs\David Halltbrd\C'lientsVeiglers\Client letter re Ret'eree Ruling l2--01-03.wpd
.l!:,y.lr}r:!: ,
Dtsrzucr CouRt, Werpn DtvtstoN 5, CoLoReoo
Genrrelo CouNrv CouRrnouse
109 8ru SrRret, Sutre 104
Gr,eNwooo SpRlNGs, CO 81601
(970) e4s-3862
COURT USE ONLY
CoxcrnNtNc THE APPLICATIoN FoR WnruR
Rrcnrs or DoNaro R. ZInclER AND Al{NrrrB
Ztrctsx
rN GARFIELD, EAGLE, PITKIN,INO S{IMMIT
CouNurs, CoI-oReoo
Ce,se NuutsBn: 02CW350
WarenDtvtstoN 5
RuuNc op Re ruRBe
This matter came before the Court upon the Application of Donald R. Ziegler and
Annette Ziegler for Storage Water Rights, Surface Water Right, Change of Water Right and
Approvd of Plan for Augmentation.
The Water Judge referred the Application to the undersigned as Water Referee for Water
Division 5, State of Colorado, in accoidance with Article 92 of Title 37, Colorado Revised
Statutes 1973, known as the Water Riglrt Determination and Administration Act of 1969.
The undersigned Referee has made such investigations as are necessary to determine
whether or not the statements in the Apptication are true, has become fully advised with respect
to the subject matter of the Application and has consulted with the Division Engineer for Water
Division 5. The Referee hereby makes the following determination and ruling as the Referee in
this matter.
1. Applicants are Donald R. Ziegler and Annett e Ziegler, whose address is 544 Traver Trail,
Glenwood Springs, CO 81601. Applicants' attorneys are Balcomb & Green, P.C., whose
address is P.O. Drawer 790, Glenwood Springs, CO 81602'
Z. Applicants filed an Application for Storage Water fughts, Surface Water Right, Change
of Water Right and Approval of Plan for Augmentation on December 20,2002.
3. The Application was properly published. All notices required by law have been made,
' and thi Court tras juriiaiciion over the Application and over all of the parties in this case.
All publication costs have been paid by the Applicants.
i!
4.The Southeastern Colorado Water Conservancy District filed a timely Statement of
Opposition. Said Objector has consented to entry of this decree by way of stipulation on
file with the Court. No other Statements of Opposition were filed. The time for filing
such statements has expired.
CLAIM FOR STORAGE WATER RIGHTS
5. Name of reservoir: Mallory Pond
A. Legal description: Located in the SWl/4 of SW1/4 of Section 5, Township 6
South, Range 92 West, of the 6th P.M. The western embankment of the dam is
located approximately 500 feet east of the west section line and 705 feet north of
the south section line of Section 5.
B. Source: Natural runoff and drainage and irrigation retum flows tributary to
Mallory Gulch.
C. Date of appropriation: Prior to May 19, 1956
1) How appropriation was initiated: By construction of pond, storage of
water and application to beneficial use.
2) Date water applied to beneficial use: Prior to May 19, 1956
D. Amount Claimed: 1.374 acre feet, absolute
E. Use: Stock water, piscatorial, wildlife habitat and recreation. The wildlife and
recreation uses occur in place and adjacent to the pond. Overflow from the Pond
is to the Mallory Pond Ditch, which was adjudicated in Case No. W-610 for
irrigation, with an appropriation date of May 1956.
F. Surface area of high water line: 0.243 acre
1) Maximum height of dam: 10 feet to the top of the dam, 9 feet to the
normal water level.
rli :I;'li z)'''Len6iofdam:Tsfeet "" ' '''"i
G. Total capacity of reservoir: 1 .374 acre feet
1) Active capacity: 1.273 acre feet
2) Dead storage: 0.101 acre feet
Name of Reservoir: Ziegler PondNo. 16.
Cesr No. 02CW350 -2-RulrNc on Rerrneg
'a
t rr
A.
B.
D.
E.
F.
7.
C.
r .. ,i i CLAIM FOR SURFACE WATER RIGIIT
Name of structure: Ziegler Spring
A.
Legal Description: Located in the SW % of SW % of Section 5, Township 6
South, Range 92 West, of the 6th P.M. The western embankment of the dam is
located appioximat ely 770 feet east of the west section line and 47 5 feet north of
the South section line.
Source: Natural runoff and drainage and irrigation retum flows tributary to
Mallory Gulch.
Date of appropriation: October 16,2002
1) How appropriation was initiated: Field investigation with engineering
consultant and formation of intent to appropriate. A pond had been on the
site formerly, but is in a state of disrepair. Applicant plans to reconstruct
the pond.
2) Date water applied to beneficial use: N/A
Amount claimed: 2.24 AF, conditional
1) Use: Stock water, piscatorial, wildlife habitat and recreational. The
wildlife and recreation uses occtu in place and adjacent to the pond'
Surface area of high water line: Not to exceed 0.30 acre (13,190 square feet)
1) Maximum height of dam: 9 feet
2) Length of dam: 55 feet
Total capacity of reservoit: 2.24 acre feet
1) Active capacitY: 1.979 acre feet
2) Dead storage: 0.261 AF
B.
Legal description: The intake is located in the sw % of SW % of Section 5,
Toivnship 6 South, Range 92 West, of the 6'h P.M. The spring is located
approximately 565 feet east of the west section line and 770 feet north of the
south section line.
Source: Spring tributary to Mallory Gulch, tributary to Colorado River' The
spring is i near-surface structure, not a well, as defined in c.R.S. 5 37-92'
CASE No. 02CW350 -l-RIJLING OF REFEREE
l!
103(14Xb), being a spring collection box that is less than ten feet deep and is
within fifty feet of the spring discharge point.
C. Date of initiation of appropriation: January 1977 as to absolute uses; October 16,
2002 as to conditional uses.
1) How appropriation was initiated: As to absolute uses, diversions of water
and application to beneficial use; as to conditional uses, field investigation
with engineering consultant and formation of intent to appropriate.
2) Date water applied to beneficial use: January 1977 x to absolute uses;
N/A as to conditional uses.
D. Amount claimed: 4.0 gpm, absolute, 15.0 gpm, conditional
E. Use or proposed use: Domestic, stock water and irrigation. The domestic use
will be for service to four residences, of which one has been in existence since at
least 1977. The other residences have not yet been constructed.
t) If irrigation:
Number of acres historically irrigated: Approximately 1,000 square feet
Number of acres proposed to be irrigated: 500 square feet of lawn and garden for
each residence, for a total irrigated area of2,000 square feet.
Legal description of acreage: See Exhibit A attached hereto, which is
incorporated herein by this reference.
2) If non-inigation, describe purpose fully. Domestic and stock water
F. A map depicting the location of the structures is attached as Exhibit B hereto and
incorporated herein by this reference.
r,,+,i,;.i*.i,...:,,:., .; ,,i.i,.r,"i. "r , CLATMTORCY-I{T'GEoFWATERYGTTJ ., I
8. Decreed Name of Structure For Which Changes is Sought: Avalanche Canal and Siphon
9. lnformation From Original Decree:
A. Date Entered: June 20, 1958
Case No.: C.A. 4613
Court: Garfield County District Court
B. Decreed Points of Diversion:
Clsa No. 02CW350 Rur-rNc or Rrnrn-ep
I . t,
-4-
Headgate No. 1 being the initial point of diversion of said Avalanche
Canal and Siphon is located on the right bank of the Crystal River at a
point whence the witness corner of the SW comer of Section 9, Township
10 South, Range 88 West of the 6'h P.M. bears North 3o9' West 546 feet.
Said point is located 4,'730 feet from the North Section line and 50 feet
from the West Section line of said Section 9 and is located in the
SW%SW% of said Section in Pitkin County, Colorado.
Headgate No. 2 being the second point of diversion of said Avalanche
Canal and Siphon is located on the right bank of Avalanche Creek at a
point whence the W7+ Corner of Section 28, Township 9 South, Range 88
West of the 6th P.M. bears North 67o15' West a distance of 4,538.1 feet.
Said point is located 4,570 feet from the North Section line and 4,200 feet
from the West Section line of said Section 28 and is located in the
SE1/+SE1/c of said Section in Pitkin County, Colorado'
C. Sowce: Crystal River
D. AppropriationDate: ApilZ2,1957
E. Amount: 830 c.f.s.
F. Historical Use: generation of electric energy, domestic, municipal, and industrial
purposes including but not limited to the production of oil from shale, irrigation
purposes, and stock watering purposes
Proposed Change:
The Avalanche Canal and Siphon water right described above is owned by the
West Divide Water Conservancy District (WDWCD). Pursuant to a water supply
contract with the WDCWD, Applicants propose alternate points of diversion for
the Avalanche Canal and Siphon water right at the Ziegler Spring and the Zieglet
Pond No. 1. The portion of the water right so changed is equal to the diversion
; Fate for the Ziegler Spring and the Ziegler Pond No, I.
Pursuant to Stipulation with Objector Southeastern Colorado Water Conservancy
District, in order to avoid injury to other water rights, the alternate points of
diversion for the Avalanche Canal and Siphon shall not place any upstream call
on the Colorado fuver, Roaring Fork River and their tributaries, except for the
Crystal fuver and Avalanche Creek. When Avalanche Canal and Siphon is not in
priority, depletions must be replaced by release of Applicants' water stored in
Ruedi and/or Green Mountain Reservoirs, pursuant to the Applicants' contract
with the West Divide Water Conservancy District.
1)
2)
i0.
A.
B.
Cese No. 02CW350 -5-RULING OF REFEREE
11.Operation of the said alternate points of diversion of the Avalanche Canal and Siphon as
described herein will not result in injury to any vested or decreed conditional water
rights.
CLAIM FOR APPROVAL OF PLA}[ FOR AUGMENTATION
Names of structures to be augmented: Ziegler Spring, Mallory Pond and Ziegler Pond
No. 1.
Water rights to be used for augmentation: Applicant has a water supply contract with the
West Divide Water Conservancy District in the amount of 1.5 acre feet to augment the
Ziegler Spring and Ziegler Pond No. 1. Augmentation sources that may be available
pursuant to the contract with West Divide are Ruedi Reservoir and Green Mountain
Reservoir, the decretal information for which is as follows:
A. lnformation from previous decree for Ruedi Reservoir:
1) Source: Frying Pan River, tributary of Colorado River
2) An on-channel reservoir located in Sections 7 , 8, 9, I I , and 14 throughl8,
Township 8 South, Range 84 West of the 6th P.M. The reservoir is
located in portions of Eagle and Pitkin Counties.
3) AdjudicationDate: June 20, 1958
4) Appropriation Date: lvly 29, L957
5) Case No.: C.A. 4613
6) Court: Garfield County District Court
7) Decreed Amount: 1,02,369 acre feet (Origrnally decreed for 140,697.3
acre feet; reduced to 102,369 acre feet in Case No. W-789-76)
8) Decreed Uses: generation of electric energy, domestic, municipal,
, industrial, irrigatiog and stock watering
,r'r '$.., i ilj , : i : . ... .r.;1-, ,j :d , .(i , i!
9) By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was
decreed a refill right in the amount of 101,280 acre feet, conditional. In
Water Court Case No. 95CW95, 44,509 acre feet was made absolute.
B. lnformation from previous decree for Green Mountain Reservoir:
1) Source: Blue River, tributary of Colorado River
2) Located approximately 16 miles Southeast of the Town of Kremmling in
Summit County, Colorado, and more particularly in all or parts of Sections
tz.
13.
Cese No. 02CW350 -6 RULING or RtrEner
ll,12, 13, 14, 15, and 24 of Township 2 South, Range 80 West, and in
Sections 17, 18, 19,20,21,28,29, and 34, Township 2 South, Range 79
West of the 6th P.M.
Adjudication Date: October 12, 1955
AppropriationDate: August 1, 1935
CaseNo.: 2782,5016, and 5017
Court: United States District Court, District of Colorado
Decreed Amount: 154,645 acre feet
Decreed Uses: In accordance with paragraph 5(a), (b), and (c) of the
section entitled "Manner of Operation of Project Facilities and Auxiliary
Facilities" in Senate Document 80.
14. Statement of Plan for Augmentation:
Applicants seek to adjudicate this augmentation plan to provide a legally viable water
supply to serve the domestic needs for four single-family residences, irrigation of up to 2,000
square feet of associated lawn and garden irrigation, and livestock watering. The augmentation
witl also include replacement of out-of-priority evaporative losses from the Mallory Pond and
Ziegler Pond }.lo. l.
A. Water Demands and Depletions:
Each of the residences is contemplated to house 3.5 persons, each requiring 100 gallons
per capita per day of in-house use. The total in-house water diversion demand is projected at
1.568 acre feet annually, with a resultant consumptive use of approximately 0.235 acre foot
annually. Wastewater treatment will be septic tank leach field, with an estimated depletion rate
of l5'/o of the in-housedomestic diversion resulting in an annual consumptive use of 0.235 acre
foot. Ziegler Spring will also irrigate up to 2,000 square feet of lawn and gardens to be
augmented under this plan: Irrigation is proposed to be sprinkler systems with an irrigation
efficiency of 80%. Annual irriga{ion diversions are projected to be 0.134 acre foot, with a
resultant consumptive use of 0.107 acre foot. The annual net irrigation water demand of 2.33
acre feet per acre was calculated using the Blaney Criddle methodology and fufle climatic data.
The plan augments water service for four head of stock, each requiring an estimated i0
gallons per day. This use is considered 100% consumptive, and the livestock demands and
depletions are therefore projected at 0.045 acre foot per year.
The augmentation water demand for Ziegler Pond No. i consists of evaporative loss
replacement to maintain the water surface level. Pond evaporation replacement is a function of
the water surface area and unit net evaporation. The net evaporation replacement requirement
3)
4)
s)
6)
7)
8)
CeseNo.02CW350 -7 -Rur-rNc or RerEnre
was calculated using procedures developed by the Colorado Division of Water Resources and
totals 3.32 teet per year. The surface area of the Ziegler Pond No. 1 is 0.303 acres resulting in an
annual evaporation replacement of 1.006 acre feet (0.303 acre x 3.32 feet).
The augmentation water demand for Mallory Pond consists also of evaporative loss after
the initial annual filling to maintain the water surface level. This pond evaporation also is a
function of the water surface area and unit net evaporation, and the net evaporation replacement
requirement was calculated as for the Ziegler Pond No. 1. The surface area of the Mallory Pond
is 0.243 acre resulting in an annual evaporation replacement of 0.809 acre foot (0.243 acre x3.3?
feet).
Annual diversions under the subject augmentation plan are projected to be 2.753 acre
feet. Annual water consumption for all demands to be augmented when not in priority totalZ.2}l
acre feet as summarized as follows:
Month
January
February
March
April
May
June
July
August
September
October
November
December
Total:
Consumption
0.062
0.073
0.114
0.1 95
0.274
0.340
0.339
0.298
0.220
0.144
0.083
0.0s9
2.201
B. Augmentation Deliveries.
Augmentation is required only when the Ziegler Spring, Mallory Pond and Ziegler Pond
No. 1 are out-of-priority. The Mallory Pond is entitled to some augmentation replacement based
upon Green Mountain Reservoir Historical User Pool benefits as described in subparagraph 17 D
bblow. " Also, it is anticipated that the Applicants' diversions will be in-priority and not require
augmentation during the following time periods and in the following amounts: November
through March - 100%; April - 50%; May - 100%; and June - 75%. Using those estimates, and
subject to the requirement that all out of priority depletions must be replaced or diversions
curtailed, the anticipated annual augmentation requirement, including 10o/o for transit losses in
the delivery of augmentation reservoir releases, is 1.302 acre feet.
A proposed augmentation schedule based on those estimates and the resulting calculated
out-of-priority depletions and transit loss additions in augmentation deliveries is attached as
Exhibit C and incorporated herein by this reference.
C,a.se No. 02CW350 8-RulrNc op R:rEREg
C. Non-injury.
The Applicants'property and the augmented structures are located within "Area A" of the
West Divide Water Conservancy District. That Area A is directly tributary to the Colorado
River without local side tributary water rights calls affecting the augmented skuctures. No senior
water right diversions are located between the augmented structures and the Colorado River.
The subject augmentation plan will operate to prevent injury to any vested or decreed conditional
water rights.
Historical User Pool Entitlement.
Applicants' claimed Green Mountain Reservoir Historical User Pool entitlement for the
evaporation depletions from the Mallory Pond. Applicants' entitlement to HIJP releases for the
Mallory Pond is limited to those required for one annual filling of the pond for stock watering
use and for the water bypassed to the Mallory Pond Ditch water right for irrigation purposes
pursuant to the decree in case W-610. Therefore, Applicants' claim for this entitlement has been
modified and out-of-priority evaporation not entitled to Historical User Pool replacement has
been incorporated into the depletions identified in subparagraphs 17,{ and 178 above.
15. The water to be provided for augmentation is of a quality and quantity so as to meet the
requirements for which the water has been used by senior downstream appropriators, and
therefore meets the requirements of C.R.S. $ 37-92-305(5).
II. CONCLUSIONS OF LAW
16. The foregoing Findings of Fact are incorporated herein to the extent that they include
legal conclusions.
1,7. All notices required by law have been properly made, including as required under C,R.S.
$ 37-92-302(3). The Court has jurisdiction over the Application and over all persons or
entities who had standing to appear, even though they did not do so.
18. The Application is complete, covering all applicable matters required pursuant to the
Water Right Determination and Administration Act of 1969, C.R.S. $$ 37-92-101
through Q02.
', ,i ,1,.," iqiri , , ,rirt:, , ;t I' r,. . -' ,! ;tr n: : i '
19. The Court has given due consideration to the Division Engineer's Summary of
Consultation dated October 2,2003. See C.R.S. 537-92-302(4). A copy of the Summary
of Consultation was properly served on the Objector in this case.
20. Applicants have fulfilled all legal requirements for a decree for the requested water
rights, including C.R.S. $$ 37-92-302 and37-92-305.
have fulfilled all legal requirements for a decree for the requested change of
including C.R.S. $$ 37-92-302 and37-92-305.
21. Applicants
water right,
Cesn No. 02CW350 -9-Rurnvc or RgrrnEe
I
24.
22.
23.
25.
26.
27.
28.
The change of water right described herein will not injuriously affect the owner of or
persons entitled to use water under a vested water right or a decreed conditional water
right.
Applicants have fulfilled all legal requirements for a decree for the requested plan for
augmentation, including C.R.S. $ $ 37-92-3 02 and 37 -92-305.
Pursuant to C.R.S. 5 37-92-305(8), the plan for augmentation is sufficient to permit the
continuation of diversions when curtailment would othenvise be required to meet a valid
senior call for water, because the Applicants will provide adequate replacement water
necessary to meet the lawful requirements of a senior diverter at the time and location
and to the extent that the senior would be deprived of his or her lawful entitlement by the
Applicants' diversion.
The Court hereby concludes the Applicants have established that water can and will be
diverted under the subject conditional water rights and will be beneficially used, and that
this water supply project can and will be completed with diligence and within a
reasonable time.
The conditional water rights decreed herein are individual components of Applicants'
integrated water supply system. Consequently, in subsequent diligence pro6eedings,
work on any one feature of Applicants' supply system shall be considered in finding that
reasonable diligence has been shown in the development of water rights for all features of
Applicants' water supply system, See C.R.S. I 37 -92-301(4Xb).
If operated in accordance with the terms and conditions of this decree, the plan for
augmentation described herein will prevent injury to senior vested or decreed conditional
water rights.
The subject Application is in accordance with Colorado larv. Applicants have fulfilled all
legal requirements for entry of a decree in this case.
III. JUDGMENT AI\D DECREE
The foregoing Findings of Fact and Conclusions of Law are incorporated herein.
,,;.,-,],..'.:.".i.j',.,''.'...,'l','.i,
The Court hereby confirms and decrees an absolute water right for the Mallory Pond and
a conditional water right for the Ziegler Pond No. 1, described herein.
The Court hereby confirms and decrees the water right for Ziegler Spring in the amount
of,4.0 gpm, absolute, and 15.0 gpm, conditional, described herein.
The Court hereby approves and decrees the change of water right for the Avalanche
Canal and Siphon as described herein.
The Court hereby decrees and approves the plan for augmentation described herein.
29.
,,;. ";
30.
31.
32.
JJ.
Ce.se No. 02Cw350 - l0-RULTNG op RernRre
I
34.ln consideration of the specific findings and conclusions -made herein, and in
conformance with C.R.S. 5 37-92-304(6) (1990), as amended, the change of water right
and plan for augmentation decreed herein shall be subject to reconsideration by the Water
Judge on the question of injury to the vested water rights of others for a period of five
years after the plan for augmentation becomes operational. If no petition for
reconsideration is filed within said five years, retention of jurisdiction for this purpose
shall automatically expire. Any party who wants the Court to reconsider the question of
injury must file a verified petition with the Court, setting forth the facts that cause such
injury and explaining the claimed injury. The party filing the petition shall have the
burden of going forward to establish the prima facie facts alleged in the petition. If the
Court finds those facts to be established, the Applicants shall thereupon bear the burden
of proof to show (a) that any modification sought by the Applicants will avoid injury to
othir water rights, or (b) that any modification sought by the petitioner is not required to
avoid injury 1o other water rights, or (c) that any term or condition proposed by
Applicants in response to the petition does avoid inj,.ry to other water rights.
ln conformance with Colo. Rev. Stat. 5 37-92-305(8), the State Engineer shall curtail all
out-of-priority diversions, the depletions from which are not so replaced as to prevent
injury to vested water rights.
The Applicants shall install measuring devices, provide accounting, and suppty
calculaiions regarding the timing of depletions as required by the Division Engineer for
the operation of this plan. The Applicants shall also file an annual report with the
Division Engineer by November 15th following each preceding irrigation year
(November 1 through October 31) summarizing diversions and replacements made under
this plan.
The conditional water rights decreed herein shall be in full force and effect until
ffi :8ffi ,, y'f:,fi :lli#' il H I "[, # i,ill'] ill' r il'H[: H::
before that date, or make a showing on or before then that the conditional water rights
have become absolute water rights by reason of the completion of the appropriations.
Review of determinations made by the Division Engineer or the State Engineer in
admiqistration of the subject watef rights is a "water matter" over which the Water Court
has exclusivejurisdiction. H '':
Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions, upon
the sale or other transfer of the conditional Ziegler Pond No. 1 and Ziegler Spring rights,
the transferee shall file with the Division 5 Water Court a notice of transfer which shall
state:
A. The title and case number of this Case No' 02CW350.
B. The description of the conditional water right transferred;
35.
36.
Jt.
38.
39.
Cese No. 02CWl50 RULTNG or RrrPRee- lt-
ar
: ., 1...1t,.
C. The name of the transferor;
D. The name and mailing address of the transferee;
E. A copy of the recorded deed-
The owner of the said conditional water rights shall also notify the Clerk of the Division
5 Water Court of any change in mailing address. The Clerk shall place any notice of transfer or
change of address in the case file of this Case No. 02CW350 and in the case file (if any) in which
the Court first made a finding of reasonable diligence.
*****
It is accordingly ordered that this ruling of Referee and judgment and decree shall be
filed with the Water Clerk and shall become effective upon such filing, subject to judicial review
pursuant to C.R.S. $ 37-92-304, as amended.
It is further ordered that a copy of this ruling of Referee and judgment and decree shall be
filed with the State Engineer and the Division Engineer for Water Division 5.
, Done at the City of Glenwood Springs,
,2003.
Cooy of tre fpregoing mailed to alC,axrr/ 1
of itecordy'Water R![cree, Div. Engince {
and State enginecl6ate-ilLlie o 'L
Colorado, this &ilu day of
n."ntv emn ffrit PU n U
+b^Atr*d t]il*'
XIo proteSt'was filed in this matter. The foregoing Ruling of the Referee is confirmed and
approved, and is made the Judgment and Decree of this Court.
Done this day of
' i.i,, r'ii
2003.
1., I
BY THE COI.IRT:
Thomas W. Ossola, Water Judge
\\Station 22\wp-docs\David Hallford\ClientsVeiglersViegter Decree.Rerision3 02CW350.doc
EY TFIN REFEREE:
Cese No. 02CWl50 12-RULTNG oF REI.EREE
PARCEL 1
A parcel of land previously described in Book 662, Page 77O. o! the .Garfield county clerk and
Recorde/s oflicesiiuate in tne sw1/4SW 1t4 of Section 5, Towrrship 6 South, Range 92 west of the 6th
p.M., County of Garfield, State of Colorado, said Parcel of land being more particularly described as
follows:
cornmencing at the southwest corner of section 5, Township 6 South, Range 92 West of the 6th P'M"
cor-rnty of Garfield, state of colorado, and aluminurn cap LS 13238 in place; thence North 89'40'5cr
East along tne souirrerty iin. of said Section 5.777.10 feet to a rebar and cap LS No' 36572 set in place
the TRUE potNT oF EiEGINNING; thence departing said southerly line- N_orth 31"56'23" west 187'95
feet a rebar and op ;S No. illegibie found in place; thence North 51"40'23" West 423'90 feet a rebar
u].,J *p LS No. sgi3 Found in place; thence lriorth 66"43'37" East 440.69 feet to a point on an existing
fence line a rebar and cap Ls tto. 36572 set in place; thence continuing along said fence line the
fotlowing six courses:
1. South 20"ZA,OI' East 19.58 feet to a rebarand cap LS No. 36572se1in place;
,. $;ih 52'26'0'1" East 83.68 feet to'a rebar and cap LS No. 36572 set in place;
i. iortft 23"41.18' West 114.21feet to a rebar and cap LS No- 36572 set in place;
+ soutn 35"14'22. East 283.50 feet to a rebar and cap LS No. 36572 set in place:
;. S;;ih g6.+e;3+" East 224.50 feet to a point on th;fot'therly right of yay of Highwav 6' a rebar and
;;Ls uo. eoszz set in place; thence South 86o20'57" west along said right of way 165-15 feet to a
;;ir, ;; gre-ioutnertv lirl" or said section 5, (whence a concrete right of way rnarker bears south
83.3g'0g, west g.61'feet); thence departing said right of way south 89"40'50" west along said
soutnerly line 133.42 feet to the TRUE POINT OF BEGINNING.
ExHtetr A
lofz
Case No.02CW350
J
A parcel of land previously described in Book 662, Page 7?O and Book 509, Page 669 of the Garfield CounVClerk and Recorder's Office situate in the SW1/4SW1/4 of Section 5, Townsnif O South, Range 92 West ofthe 6th P.M., County of Garfield, State of Colorado, lying between those documents recordedr:n book 1125,Page 997, Book 686, Page 564, Boolt 1212, Page 522, and Book 709, Page 646 all of the Garfield CounyClerk and Recorder's Office, said parcel of land being more parlicularly oescribed as follows:
Cornmencing at the Southwest Corner of .Section 5, Township 6 South, Range g2 West of the 6th p.M-.
County of Garfietd, State of Colorado, an aluminurn cap LS No. 13238 in placef thence North 05"37'23. Ea;i346- 03 feet to the Southwesterly Corner of a tract of land described in Book 1125, page gg1, a rebar anO .apLS No. 13933 found in place; thence North 66'58'13" East along said tract of tinO aOO.gg feet to theSoutheasterly Corner of said tract of land an iron rod found in place; thence continuing along fl.re Easterly lineof said tract and along the Easterly line of a tract of land described in Book 686, paje 564] North 31.3i,SgiWest'181.99 feet; thence continuing along Easterly line of said tract of land in Boo[ 6g6,'page 564, North3'l "3 7'58" west 1 81 .99 feet: thence continuing along said Easterly line of said tract of tand in g&f OaO. eige564, North 47"0O"l7" West 104-48 feet; thence continuing along said Easterly line North OZ"Z5,32" West ZZ.6gfeet to a point the southerly line of a tract of land described in Book 1212, Page S22; thence Jeparting saidtract of land in Book 686, Page 564 and along said tract of land in Book 1212,-page SZ2 the fottowing Iu""n(7) courses:
1 . South 89'05'13" East 265.55 feet;
2. North 33"1847" East 137-75 feet;
3. North 30"364r East 325.40 feet;
4. North 32"31t13"West 109.91 feet;
5. North 63"29'26" West t 27.O4 feet,
6. North 86"57'53" West 35.83 feet;
7. North 68"13'22^ West 63-20 feet; thence departing said tract of land in Book 1212, page 522 North89'2459i East 335-68 feet to Northwesterly Comer of itract of land described in book ZOS, eaie 646 from awhich a rebar and cap l-S No. 5447 bears South 25"18"17" West 0.53 feet; thence along the Westerly line ofsaid tract of land the following four (4) courses:
1. South 00'49'28" West 165.24 feet;
2. South 18'37'27" West 209.69 feet;
3. South 00"50'58" East 141.67 feet;
4. North 7832'A2* East 44.36 feet: thence departing said tract of land described in Book 709, page 646,South 't6"42'09" East along an existing fence line 192.97 feet to a rebar and cap LS No. 36112set in placerlthence departing said fence line South 66'43'37" West 440.6g feet a rebar and cap LS No. 5g33 found inplace, thence South 70o26'07" West 330-90 feet a rebar LS No. 5g33 found in placeithence North 01.11,15,East 28.47feet to tne fFUE POINT oT
PEGtNf ltrtC ., , , , _, , r ., ,,
EXCEPT any portion of said property lying Northerly of cactus vailey Ditch.
fOGETHER WITH the following described water and water rights, ditches and ditch rights of way; tile towhich is NOT included in the warranties contained herern:
Adjud icated spring water at 64 gallons per minute, Septemb er 11 .1g72, District Court in and for WaterDivrsion #5, State of Colorado, No. W-610.
fxHrnrr A
2 ot2
Case No. 02CW350
a r ll
JAN-05-04
rlOrf, A. tlruE6{
EowaFo MuLti^Ll', .JR.
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Lrwnglsg F. Qaeex
TrxonY A, T{grsoil
Devro C. HallfoRo
SHRI$TOFHER L. CoYLE
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Axxe M^A|E McPirea
A;ers N, Mauia
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D^vlO P, JsEstM^&iloEryqri
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ALCOMB & GREEN, P.C.
AttOnNDYg .r'T Iri\l{/
P. O. Drr^.ryEE ?El(,
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December A*,?nll
T-378 ? 02/94 Job-142
Oz qouxsrLi
KExNcrH Blucoxs
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Donaid A, Ziegler
544 N. Traver Trail
Glenwood Springs, CO 81601
RE: Zlscr.sn AppLrcATroN, CAsE No.02CW3E0
Dear Don:
Endosed are the pages 11 and 12 of the Ruiing of Referee showing the execudon
by the Water Judge making that Ruling the Judgrnent and Decree of the Court. Because
there was no Protest to the Ruling of Referee, this Desee is final and not appealable.
Please let me know if you have any questions regarding the terms and conditions
of the Decree or its irnplementation, or if you need any explanation of the items tdendflect
in my prior explanatory mernorandum. Note the December 2009 diligence deadline stated
in paragraph 37 at page 11, We will calendar that deadline in order to remind you about it.
We are, of course, pleased to have findly concluded this matter on your behalf,
and we wish you well in completing your property development.
Sirrcerely,
BALCOMB & GREEN, P.C.
David C. Hallford
DCFUIp
Enclosirre
JAN-05-04 ll:21 Fron:
I
T-378 P 03/04 Jqb-14?
34. In conaideration of thc specific findiugs and oonclusions made herein, and in
conformance witlr C.R.S, $ 37-92-30(6) (1990), as arnendd, the change of water rieht
and plao for rugmentatiou decrecd herein shall be subject to reconsideration by the Water
Judge on the qucstion of mjury to the vested watsr rights of othero for a pe,riod of fivc
years aft€f, the plan for augmentation becomes operational. If no petition for
reconsideration is filed withh eaid five years, reteilion of jruisdiction for this purpose
shall outomatically expire. Any party who wants the Court to reconsider the question of
injury must Ele a verified petition with the Cour( setting forth the facts that cause suchi"ju.y and explaining the claiqed iajury. Thc party filing thc petition shall have the
brlrdcn_of going forward to establish lhe primo fscie facts alleged in the petitioa. If tlre
Cor:rt finds those facts to be establirhed, the Appiicants shall thereupon bcu the burdcn
of proof to show (a) that any modification sought by the Applicants will avoid injury to
other water .ights, or (b) that any modification sought by the petitioner is not required ro
avoid iajwy to other wator righte, or (o) that any tcrEa or condition proposetl by
Applicarrs in response to the petition does avoid injury to other water rights,
35. In couformanco with Colo. Rev, Stat. $ 3?-92-305(8), the State Engineer shall curteil all
out-of-priority_divcrsious, the depletioru from which are not so replaced as to prevent
injury to vested water rights.
36- The Applicaotc shell inatall moasuring devices, provlde accounting, and supply
calculations regarding the timiag of depletions as required by the Division Engineeiior
the operation of this plan- The Applicants shall also file an annual report with the
Division Engineer by November lsth following esch preceding irigotion year
(November I through October 3l) summarizing diversions and replacemeirts made rrnder
this ptut.
The condirional wuer rlghts decreed herein shall be h full force and effect until
nncm,+nnR - . 2009. If the Applicants wish to maintain the conditional warer
rights thereafrer they shall file 8D application for a finding of reasonable diligence on or
betirre tbet dete, or mako e ehowing on or boforc'tberr that ths conditioral water rlghts
have become absolute water rights by rea.sou of the completion of the appropriations.
Review of deterrrinations made by tho Division Engineer or thc Statc Engineer in
administation of the srrbject water rights is a "water matter" over which the Water Court
has exclruive juisdiction"
Pursuant to Rule g of the Uniform Local Rulcs fqr All Sntc Warer Courr Divisions, upon
the sale or other transfer of the c,onditional Ziegler Pond No. t and Ziegler Sprilg rights,
the aansferee shall Iile with ttre Division 5 Water Court a notice of tansfer'*Uiitr iUt
state:
A. Tbe title and case numbsr of thie Caso No. 02CV/350.
B. The dcscription of thc oonditional water right trarsferred;
3?.
38.
39.
CrsrNo. o2cw350 - ll -Rur..ero oF RtrEnl!
JAt{.O5.
/
04 ll:21 From:a
C. The name of the trausferor;
D. The na.me and mailiug address of the transferee;
E. A copy ofthe recorded deed,
.n)
T-378 P 04/04 Job-142
f
The owner of the said conditionrl water rights shall also notiff thc Clerk of the Division
5 Watcr Court of any change in mailing address. The Clerk shall place any notice of husfer or
change of address in the case file of this Case No. 02CW350 and iD the case file (if any) in which
the Court first made e finding of reasonable diligence.
*ltt't
It is accordiugly ordered that this ruling of Refcree and judgment and dacree shall be
filed with ths Wator Clcrk and shall becomc cffcctivc upon such filing, subject to judicial review
pursuiult to c,R.s. $ 37-92-304, as amended.
It is fi,uther ordered that a copy of this ruling of Referee and judgment and decree shall be
tiled with the State Eryinccr and the Division Engineer for Water Division 5,
. t Donq at &e City of Glenwood Springs,
Naen r-lt**, .ZOol.
Colorado, tlus #Uu ary of
The foregoing Ruling of the Referce is confirrned ald
BY THE REFEREE:
Cow o{thr lOrceting mdlo<t b alCcrrxl 1
ot il'ocorqffia-r Rgfrm' Div. En€mrr
epproved, and is made the Judgment and Dectee of this Court.
ooneu,@Qary or,4ZR- .roor.
\\Satisn Z?\wp{oce\David HallfordEliarte\Zeiglcrr\Ziegler Dccrec.Rcvilion3 02CW350.doc
CeseNo.02CwlSO
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:i,r:yof the tol4oingmallcdballCounse; _-. iracott!/'. :rit. ilita.Qo, DlV, Engineeftz-
and Shte k'ir':.':a( i'i', /S'24'0 I
oaBdy elE kr't ilr' l+t d l t ,-
-r.L $ ,,. ^, - (( t{+,1-\Jrc\LLt \
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BY THE COTIRT:
- t, -RULING OF REFEi.EE
P 0l/04 Job-I41
FAX COVER SHEET
Alpine Professional Building
817 Colorado Ave. 2nd Floor
Glenwood Springs, CO 81601
Phone number: 970-928-710 I
Fsxnumber: 970-928-7315
FrNp ro ['nou
JAN-05-04 I I :0I
JAN-05-04 ll:09 From:
't
34. In considerati^E 9f tbe epecific findings and conclusions made hsrein, and iD
conformance with c.R.s. $ 37-92-304(6) (1990), as am€odd, the chauge of water right
aod plau &r augmentation decreed herein ehall bc subject to reconsideration by the Waler
Judge oo the question of iqiury to ttre vested watef, rights of othEre for e period of fivcyears after thc. nlan for augmentation becomes operational, If no petition for
rcconsideratiou is filed within said five years, retention of jurisdiction for ihi. porpo*
shall automali-callV exp_ire. Any party who wurts the Court to reconsider the que.tiou of
injury must file a verificd petitiou with the Court, setting forth the facts that cause suchinju{y urd explaining the claimed inju.ry. The perty tting Uc pcrition shall have the
btudon of going forward to esablish the prima facie face atgua' in the petition. If theCourt fin& thosc facts to be established, the Applicants shall thereupon bsar the burden
of proof to show G) {at any modification soug[t by the Applicants will avoid injgry to
other watcr rights, or (b) that auy modification sougbt by &e-pelitioner is not req*irei to' \' avoid injury to otha water rights, or (c) that any tcrm or condirion proposecl byApplicants in response to the petirion does avoid injury to other water rights,'
35' In conforrnance with Colo. Rev. Stat. $ 37-92-305(8), ttre State Engineer shall currail allout-of-priorirydiversions, the depletions from which are not so replaced as to prevent
injury to vested water rights.
36. The Applicants ehall instEll m"y3nlc. deviccs, provide accowrling, and supplycalculations regT{lg the timing of depletions a" requir*d by the Division Eneineei iorthe opcratiou of this plan. The Applicants shall aiso file-an annual report with theDivision Engineer by Noveraber l5th following each preceding irrigation yeEr(Novernber I through Octobcr 3l) summuiziug divenions arrd replac#renteLade under
this plur.
T-376 P 03/04 Job-141
17.
38.
39.
Tbe eonditional water rights decrced herein shatl be rn full force and effect
IrFOr']*nnn , 2009. If the Applicants wish to maintain the cond"itioagl
until
water
I4rc thereafter they shall file an appiiiatiou for a. fiading of rcasonable diligeace on orbefore that date. or make a showing on or bofore'then tliat the conditional water rights
have become absolute water rights by reason of the completion of the appropriations.
Review of deternrinations made by thc Division Eogineer or the Sate Enginesr inadminioEation of the subject watcr rights is a "water mitter" over which the Waier Court
has ex clusive jurisdiction.
Pusuant to Rule 9 of the Uniform Local Rules forAll Statc Watcr Coun Divisions, upon
the sde or other tranefer of the conditional Ziegler Pond No. I and Ziegler Spring rights,the transferee shall file with the Division 5 Witer Court a noricc of tansfer'wtriitr stratt
state:
A. The title and case number ofthis Case No. O2CW35O.
B. The deccription of tho conditional wator right transferred;
CessNo.02CWl50 Rut+ro orR.c,rertr
o
- ll -
t'
JAN-05'04 ll:00 From:T-376 P 04/04 Job-141
'a
C. The narae of the transferor;
D. Thq name and mailing address of the transferee;
E. A copyofthe recorded deed.
The owuer of the said conditional water rights shall also notiff the Clerk of the Division
5 Water Court of any change in mailing address. The Clerk shalt place ury notice of hqnsfer or
change of address in the case 6le of this Ce.se No. 02CW350 and in tho caso filo (if any) in wiuch
the Court first made a finding of reasonable diligence.
ir+++
It is accordingly ordered that this ruling of Referee and judgmcnt and decree shalt be
6led with tho V/atcr Clork arrd shall bccomc cffective upon such filing, subjecr to judicial review
pwsuant to C.R.S. $ 37-92-304, as amended.
It is further ordered that a copy of tNs ruling of Refsrec and judgment and decree shall be
filed with the State Engineer and the Division Engineer for Water Division 5.
, Doue at the City of Glcnwood Springs,
Nan' l* ,- ,2003'
CmYolholPngofig md€d b ilCdtrd 1
or h'ecorAf{vator Rghno' Oiv' En5irr<
ool.nrtttts#&gday ot
'r'o
Colorado, rttrs ]$tt, day of
and Stab
Wp"l $elr-
I(o protest was filed in this matter. The foregoing Ruling of the Referee is confirsred and
approved, and is made the Judgment and Decree of ttris Cout.
2003.
\\srlion 22\wp-docs\Da!id Hrllford\Clicntr\Zcrgl*r\Zicglcr Dscrcc.&ovirioni 02CW350.doc
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BY THE REFEREE:
BY THE COURT:
- t2-RUtINo OP RISESIE
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DISTzuCT COURT, WATER DIVISION
NO. 5, COLORADO
Court Address:
Garfi eld County Courthouse
109 8th Street, Suite 104
Glenwood Springs, CO 81601
(970) e4s-3862
COURT USE ONLY
Applicants: DONALD R. ZIEGLER and
ANNETTE ZIEGLER
In GARFIELD, EAGLE, PITzuN AND
SIJMMIT Counties, Coloradcr
Scott Balcomb, Atty. Reg. #1376
BALCOMB & GREEN, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Phone Number: (970) 945-6546
Fax Number: (970) 945-8902
E-mail: scott@balcombgreen.com
Case Number: 02CW:E)
Water Division No. 5
APPLICATION FOR STONACN WATER RIGHTS, SURFACE WATER RIGHT,
CHANGE OF WATER RIGHT AND APPROVAL OF PLAN FOR AUGMENTATION
Name and address of applicants:
Donald R. Ziegler
Annette Ziegler
544 North Traver Trail
Glenwood Springs, CO 81601
c/o Scott Balcomb
Balcomb & Green, P.C.
P.O. Drawer 790
Glenwood Springs, CO 81602
Pli: (970) 94s-6s46
Case No. 02CW_
Applicants: Donald R. Ziegler and Annette Ziegler
Applicationfor Storage llater Rights, Surfuce Water Right, Change of Water Right and
Approval of Planfor Augmentation
Page2
CLAIM FOR STORAGE WATER RIGHTS
2. Name of reservoir: Mallory Pond
A. Legal description: Located in the SWl/4 of SWl/4 of Section 5, Township 6
South, Range 92 West, of the 6th P.M. The western embankment of the dam is located
approximately-500 feet east of the west section line and 705 feet north of the south section line of
said Section 5.
B. Source: Natural runoff and drainage and inigation return flows tributary to
Mallory Gulch.
C. Date of appropriation: Prior to May lg, 1956
(1) How appropriation was initiated: By construction of pond, storage of
water and application to beneficial use.
(2) Date water applied to beneficial use: Prior to May 19, 1956
D. Amount Claimed: 1.374 acre feet, absolute
E. Use: Stock water, piscatorial, wildlife habitat and recreation. Overflow from the
Pond is to the Mallory Pond Ditch, which was adjudicated in Case No. W-610 for irrigation, with
an appropriation date of May 1956.
F. Surface area of high water line: 0.243 acres
(l) Maximum height of dam: 10 feet to the top of the dam, 9 feet to the
normal water level.
(2) Length of dam: 7 5 feet
O., Total capacity of reservoir: 1.374 acre feet
(1) Active capacity: 1.273 acre feet
(2) Dead storage: 0.101 acre feet
Case No. 02CW-
Applicants: Donald R. Ziegler and Annette Ziegler
Applicationfor Storage Water Rights, Surface llater Right, Change of llater Right and
Approval of Planfor Augmentotion
Page 3
3. Name of Reservoir: Ziegler PondNo. 1
A. Legal Description: Located in the SW % of SW % of Section 5, Township 6
South, Range 92 West, of the 6th P.M. The western embankment of the dam is located
approximately 770 feet east of the west section line and 475 feet north of the South section line.
B. Source: Natural runoff and drainage and inigation return flows tributary to
Mallory Gulch.
C. Date of appropriation: October 16,2002
(l) How appropriation was initiated: Field investigation with engineering
consultant and formation of intent to appropriate. A pond had been on the site formerly,
but is in a state of disrepair. Applicant plans to reconstruct the pond.
(2) Date water applied to beneficial use: N/A
D. Amount claimed: 2.24 AF, conditional
E. Use: Stock water, piscatorial, wildlife habitat and recreational.
H. Surface area of high water line: Not to exceed 0.30 acres (13,190 square feet)
(1) Maximum height of dam: 9 feet
(2) Lengthof dam: 55 feet
I. Total capacity of reservoir: 2.24 acre feet
(1) Active capacity: 1.979 acre feet
(2) Dead storage: 0.261 AF
3. Name and address of owner or reputed owner of lands on which structures are located
and beneficial use will occur: Applicants
CLAIM FOR SURFACE WATER RIGHT
4. Name of structure: Ziegler Spring
Case No. 02CW-
Applicants; Donald R. Ziegler and Annette Ziegler
Applicationfor storage llater Rights, surface LYater Right, change of water Right and
Approval of Planfor Augmentotion
Page 4
A. Legal description: The intake is located in the SW % of SW % of Section 5,
Township 6 South, Range 92 West, of the 6th P.M. The spring is located approximately 565 feet
east of the west section line and77O feet north of the south section line.
B. Source: Spring tributary to Mallory Gulch, tributary to Colorado River. The
spring is a near-surface structure, not a well, as defined in C.R'S. 5 37-92-103(14)(b)'
C. Date of initiation of appropriation: January 1977 asto absolute uses; October 16,
2002 as to conditional uses.
(1) How appropriation was initiated: As to absolute uses, diversions of water
and appiication to beneficial use; as to conditional uses, field investigation with
engineering consultant and formation of intent to appropriate'
(2) Date water applied to beneficial use: January 1977 as to absolute uses,
N/A as to conditional uses.
D.
E.
Amount claimed: 4.0 gpm, absolute, 15'0 gpm, conditional
Use or proposed use: Domestic, stock water and irrigation' The domestic use ,k
will be for service to fouriesidences, of which one has been in existence since at least 1977. The
other residences have not yet been constructed.
(1) If irrigation:
Number of acres historically irrigated: Approximately 1,000 square feet
Number of acres proposed to be inigated: 500 square feet of lawn and
garden for each residence, for a total irrigated area of2,000 square feet.
Legal description of acreage: See Exhibit A hereto, which is incorporated
herein by this reference.
(2) If non-inigation, describe purpose fully. Domestic and stock water
5. Nhme and address of owner or reputed owner of lands on which structure is located and
beneficial use will occur: Applicants
6. A map depicting the location of the structures is Exhibit B hereto and incorporated herein
by this reference.
7.
8.
Case No. 02CW_
Applicants: Donald R. Ziegler snd Annette Ziegler
Applicationfor Storage llater Rights, Surface Water Right, Change of Water Right and
Approval of Planfor Augmentation
Page 5
CLAIM FOR CHANGE OF WATER RIGHT
Decreed Name of Structure For Which Changes is Sought: Avalanche Canal and Siphon
Information From Original Decree:
A. Date Entered: June 20,1958
Case No.: C.A.4613
Court: Garfield County District Court
B. Decreed Points of Diversion:
(1) Headgate No. I being the initial point of diversion of said Avalanche
Canal and Siphon is located on the right bank of the Crystal River at a point whence the
witness corner of the SW corner of Section 9, Township 10 South, Range 88 West of the
6ft P.M. bears North 3o9' West 546 feet. Said point is located 4,730 feet from the North
Section line and 50 feet from the West Section line of said Section 9 and is located in the
SW%SW% of said Section in Pitkin County, Colorado.
(2) Headgate No. 2 being the second point of diversion of said Avalanche
Canal and Siphon is located on the right bank of Avalanche Creek at a point whence the
W1/q Corner of Section 28, Township 9 South, Range 88 West of the 6ft P.M. bears North
67"15'West a distance of 4,538.1 feet. Said point is located 4,570 feet from the North
Section line and 4,200 feet from the West Section line of said Section 28 and is located in
the SE%SE% of said Section in Pitkin County, Colorado..
C. Source: Crystal River
D. AppropriationDate: AprtlZ2,7957
E. Amount: 830 cfs
F. Historic Use: generation of electric energy, domestic, municipal, and industrial
purposes including but not limited to the production of oil from shale, inigation purposes, and
stock watering purposes
9. Proposed Change:
12.
Case No. 02CW-
Applicanrs; Donald R. Ziegler and Annette Ziegler
Appticationfor storage rtrate, Rights, surfoce'**#;!j;f,'#ffr{{:;:;r\:::,'rilX
Page 6
A. Applicants request an alternate point of diversion at the Ziegler Spring- -and
Ziegler Pond No-. 1. Appiicant will apply iot " contract with the West Divide Water
Coriservancy District, the owner of the avdanche Canal and Siphon water right. The Zieglet
pond and Ziegler Spring may be alternate points of diversion of the Avalanche Canal and Siphon
under the contract with West Divide.
10. Name and address of owner of Avalanche Canal and Siphon Water Right: West Divide
Water Conservancy District, c/o Ed Olszewski, Esq., P.O' Box 460654, Denver, CO 80246-
0654. Owner of lands where place of use will occur (under the water right as changed):
Applicants
I l. Operation of the said alternate point of diversion of the Avalanche Canal and Siphon will
not resuliin injury to any senior vested or decreed conditional water rights.
CLAIMFoRAPPROVALoFPLANFORAUGMENTATION
Names of structures to be augmented Zieglet Spring and Ziegler Pond No' i '
Are there other water rights diverted from this structure(s)? No
13.. Water rights to be used for augmentation: Applicant will apply for a contract with the
West Divide Water Conservancy Distiict to augment the Ziegler Spring and Ziegler Pond No' 1'.
Augmentation sources that may be available pursuant to the contract with West Divide are Ruedi
Reservoir and Green Mountain Reservoir, the decretal information for which is as follows:
(1)
(2)
Township
Eagle and
Frying Pan River, tributary of Colorado River
Date: July 29,1957
(s)Case No.: C.A.4613
A.
An on-channel reservoir locdted in Sections 7 ,8,9,1 1, and 14 throughl S,
8 South, Range 84 West of the 6th P.M. The reservoir is located in portions of
Pitkin Counties.
Adjudication Date: June 20, 1958(3)
, (4)
(6) Court: Garfield County District Court
Case No. 02CW-
Applicants: Donald R. Ziegler and Annette Ziegler
Applicationfor Storage Water Rights, Surface l{ater Right, Change of Water Right and
Approval of Planfor Augmentation
Page 7
(7) Decreed Amount: 102,369 acre feet (Originally decreed for 140,697 .3
acre feet; reduced to 102,369 acre feet in Case No. W-789-76)
(8) Decreed Uses: generation of electric energy, domestic, municipal,
industrial, irrigation and stock watering
(9) By decree of the Water Court in Case No. 81CW34, Ruedi Reservoir was
decreed a refill right in the amount of 101 ,280 acl.e feet, conditional. In Water Court
Case No. 95CW95, 44,509 acre feet was made absolute.
B. Information from previous decree for Green Mountain Reservoir:
(1) Source: Blue River, tributary of Colorado River
(2) Located approximately i6 miles Southeast of the Town of Kremmling in
Summit County, Colorado, and more particularly in all or parts of Sections 17, 72, 13, 14;
15, and 24 of Township 2 South, Range 80 West, and in Sections 17,18,19,20,27,28,
29, and 34, Township 2 South, Range 79 West of the 6th P.M.
(3) Adjudication Date: October 12,7955
(4) Appropriation Date: August 1, 1935
(5) Case No.: 2782,5016, and 5017
(6) Court: United States District Court, District of Colorado
(7) Decreed Amount: 154,645 acre feet
(8) Decreed Uses: in accordance with paragraph 5(a), (b), and (c) of the
section entitled "Manner of Operation of Project Facilities and Auxiliary Facilities" in
Senate Document 80.
C. Name and address of owner or reputed owner of lands on which Ruedi Reservoir
and Green Mountain Reservoir are located:
United States Bureau of Reclamation
Eastern Colorado Area Office
11056 West County Road 188
Loveland, CO 80537-97 1l
Case No. 02c1ry-
Applicants: Donald R' Ziegler and Annette Ziegler
Applicationfor Storage lltater Rights,'Su'qo" Woter Right' Change of LYater Right and
Approval of Planfor Augmentation
Page 8
14. Statement of Plan for Augmentation:
Applicants seek to adjudicate this augmentation- plan to provide a legally viable water
supply to serve the domestic needs for four slngle-family residences, irrigation of up to 2'000
square feet of associated lawn and garden irrigition, and. livestock watering for four head' The
augmentation will also include replracem.rr, oi ouGof-priority evaporative losse-s from the ziegler
Pond No. 1. Applicants claim that by virtue of actual use prior to October 16, 1977 ' the Mallory
Pond is a preferred beneficiary of releases from the Green Mountain Reservoir "historic users'
pool," in accordance with the Act of August 9,1937,50 Stat' 564'
Each of the residences is contemplated to house 3.5 persons, each requiring 100 gallons
per capita per day of in-house use. The iotal in-house water diversion demand is projected at
1.568 acre feet annually, with a resultant consumptive use_of approximately 0'294 acre feet
annually. Wastewater treatment will be septic tark leach field, with an estimated depletion rate
of llo/oof the in-house domestic diversion resulting in an annual consumptive use of 0'235 acre
feet. Ziegler Spring will also irrigate up to 2,000 square feet of lawn and gardens to be
augmentJd,rnd"r,1ir pt*. trrigo:tion is proposed to be.sprinkler systems with an irrigation
efficiency of 80%. arrn rat irrig-ation diversions are projected to be 0.134 acre feet, with a
resultant consumptive use of 0107 acre feet. The annual net irrigation water demand of 233
acre feet per acre was calculated using the Blaney Criddle methodology and Rifle climatic data'
The plan augments water service for four head of stock, each requiring an estimated 1 1
gpm per day. This ise is considered lO0% consumptive, and the livestock demands and
alpt"tiot. are therefore projected at 0'045 acre feet per year'
The augmentation water demand for Ziegler Pond No. 1 consists of evaporative loss
replacement to maintain the water surface level. Pond evaporation replacement is a function of
the water surface area and unit net evaporation. The net evaporation replacement requirement
was calculated using procedures devel-oped by the Colorado Division of Water Resources and
totals 3.32 feetp., i#. The surfac. *Lu of itre Ziegler Pond No. 1 is 0'303 acres resulting in an
annual "ruporuiion
,eplacement of 1.006 acre feet (0.303 acres x 3'32 feet)'
Annual diversions under the subject augmentation plan are projected to be 2.753 acre
feet. Annual water consumption for all de**d. to be augmented under the West Divide
contract total 1.395 acre feet as summarized as follows:
Case No' 02CW-
Applicants: Donald R' Ziegler and Annette Ziegler
Application for Storage llater Rights,
'Surfo", Water Right, Chiy-,3 of ^Ilater
Right and
Approval of Planfor Augmentation
Page 9
Month
January
February
March
April
May
June
July
August
September
October
November
December
Total:
Consumption
0.045
0.050
0.074
0.122
0.171
0.209
0.209
0.i84
0.13 8
0.093
0.056
0.044
1.395
AugmentationisrequiredonlywhenlheZie{rerspringandZie{,erPondNo'lareout-
of-priority, however. The contract with west Divide will include an amount sufficient to replace
transit losses of a maximum of r0%o for the augmentation reservoir releases, which Applicants
submit is more than adequate to replace those losses'
AproposedaugmentationscheduleissetforthasExhibitChereofandincorporated
herein by this reference.
The subject property is within "Area A" of the west Divide water conservancy District'
No senior water rights are iocated between the subject water rights and the Colorado fuver' The
subject augmentation plan will operate to prevent injury to anyvested or decreed conditional
water rights.
The total annual historic evaporation historic depletions from the Mallory Pond, *h'1h^
^
are entitled to rereases from the Green Mountain Reservoir HUp when out-of-priority, are 0'809
acre feet annually, and distributed by month as follows:
Month
January' February
March
April
May
June
Consumption
0.017
0.023
0.040
0.073
0.1 03
0.131
July
August
September
October
November
December
Total:
Case No' 02CW-
Applicants: Donald R' Ziegler and Annette Ziegler
Applicationfor storage water Righrs, k"rqo"" Llater Right, Change of water Right and
Approval of Planfor Augmentation
Page 10
0.13 1
0.i15
0.082
0.051
0.027
0.0i6
0.809
WHEREFORE, Applicants reouest a decree which:
A. confirms and approves the water rights for the Mallory Pond, ziegler Pond No' I
and Ziegler Spring described herein;
B.ConfirmsandapprovesthechangeofwaterrightclaimfortheAvalancheCanal
and Siphon described herein;
C. Approves the plan for augmentation described herein, including all assumptions
in connection therewith;
D.FindsthatasaresultoftheApplicants'augmentationplanandchangeofwater
right there will be no injury to any owner of
-or
persons entitled to use water under a vested water
right or decreed conditional water right;
E. Confirms the entitlement to Green Mountain Reservoir releases for augmentation
of the Mallory Pond; and
F. Grants such other relief as the Court deems just and proper'
Dated this 4O daY of December, 2002'
BALCOMB & GREEN, P.C.
5,By
Scott Balcomb, #13
Attorneys for APPlicants
Case No. 02CW-
Applicants: Donald R' Ziegler and Annette Ziegler
Applicationfor Storage Water Rights,3"fo"" Water Right' Change of Water Right and
Approval of Plan for Augmentation
Page 1l
VERIFICATION
STATE OF COLORADO )
) ss.
COLINTY OF GARIIELD }
I, Christopher Manera, P.E., of colorado River Engineering, Inc', being first duly swom'
upon oath, depose and say that I have read ttre foregoing, k'o* the contents thereof' and that the
same are true to the best or*y information, knowledge and belief'
() "i,lt /'
Chris6Pher Manera, P.E'
Subscribed under oath bef9,1g;gp,pm$gt*SdsB)r' & o'' ] ootr-
o1/09/200e
My commission exPires:
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EXHIBIT C
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EXHIBIT "A.'
PARCEL 1
A parcel of land previously o:::li?,"j in Book 662, Page 770 ol the Garfield County Clerk and
Recorder's Office situate in ine SW1/4SWil+ ot section s' i9y'n1n1o 9 S11:1'ng" 92 West of the 6th
p.M., county of Garfierd, state of cororado, said parcer of rand being more particurady described as
follows:
commencing at the southwest corner of section s, Township 6 south, Range 92 west of the 6th P'M"
county of Garfierd, state of cororado, and aruminum "up Js 1323g in ptale; thence North 89'40'50"
East arong the southerly rine oJ:1d seciion s.T77.1ofeet toi rebar and'cap Ls No' 36572 set in place
the TRUE PoINT oF EiEGINNING; tn"n"" Jeparting saia ioui["Jy ri"e ry-"11 31"56'23" West 187'95
feet a rebar and cap LS No. iilegibre t r^o , 'prr..Irn.n"u No.tn b1"4}',23" West 423'90 feet a rebar
and cap LS No. sgig ilund in pLce;-t;;; r.ttrtn oo"ae'ai'i East 440.69 feet to a point on an existing
fence rine a rebar and cap LS rrro. gesze set in prace; in"n.. continuing arong said fence rine the
following six courses:
1. South 20,28'09' East 19.58 feet to a rebar and cap L! No' 36572 set in place;
2. South SZ"ZO'O[' East 83.68 feet to a rebar and cap LS No' 36572 set in place;
3. South 23"41'.18" West 114.21feet tO a rebar and cap LS No' 36572 set in place;
4. South 35"14'22' East 283.50 feet to a rebar and cap LS No' 36572Set in plaCe:
5. South 36.48;34.' Easr 224.50 feet to-' prnior l!9-LqTh;rly right of .ryay of Highwav 6' a-rebar and
cap LS No. 36s72 set in prace: thence sJrln g6020,57" w"it ,ro-ng said right of way 165'15 feet to a
point on tne soutrliti rirl"-"i'"aiJ section 5, (whence , "o""*tJ right ol way marker bears south
83.38'08'west 9.61 feet); thence o.pr.ti"g:To-l'gT "f ;;t soitn 89"40;50'west along said
Sortn"rfy line 133.i2f""t to'tf'" TRUE POINT OF BEGINNING'
EXHIBIT ''A"
A parcel of land previously described in Book G62, Page 770 and Book 509, Page- 6^69 of the Garfield County
Clerk and Recorder's Offrce situate in the SW1/4SW1/4 of Section 5, Township 6 South, Range 92 West of
the 6th p.M., County of Garfietd, State of Colorado, lying between those documents recorded in book 1175'
irg" ggz, Book 685, page 564, Bool< 1212, Page 522, and Book 709, Page 646 all of the Garfield County
Cle-rf and Recorder's Office, said parcel of land being more particularly described as follows:
commencing at the Southwest comer of section 5, Township 6 South, Range 92 West of th9 6th P.M-'
County or cirfieto. State of Colorado, an aluminum cap LS No. 13238 in place; thence North 05'37'23'East
S+0.05 feet to the Southwesterly Comer of a tract of land described in Book 1175, Page 997, a rebar and cap
LS No. 13933 found in place; thence North 66"58'13" East along said tract of land 306.30 feet to the
Southeasterly Corner of said tract of land an iron rod found in place; thence continuing along the Easterly line
of said tract and atong the Easterty line of a tract of land described in Book 686, Page 564, North 31o37'58'
West 1g1.gg feet; thJnce continuing atong Easterly line of said tract of land in Book 6E6, Page 564, North
31"37'bg" West 1g1 .g9 feet; thence continuing along said Easterly line of said tract of land in Book 686. Page
564, North 47"oo'17" West 104.48 feet; thence continuing along said Easterly,line North A2"25'32'West 22.99
feet to a point the Southerty tine of a tract of land described in Book 1212, Pagg $22, thence- departing said
tract of tand in Book 6g6, Page 564 and along said tract of land in Book 1Z1Z,Page522lhe following seven
(7) courses:
1. South 89"05'13" East 265.55 feet;
2. North 33"18'47" East 137.75 feet;
3. Nodh 30'36'47- East 325.40 feet;
4. North 32"31'13" West 109.91 feet;
5. North 63"29'26" West 127 .04feel;
6. North 86"57'53" West 35.83 feet;
7. North 6g"13'22" West 63.20 feet: thence departing said tract of land in Book 1212, Page 522 North
gg"24.Sg. East 335-68 feet to Northwesterly Corner of a tract of land described in book 709. Page 646 from a
which a rebar and cap LS No. 5447 bears South 25"18'17'West 0.53 feet; thence along the Westerly line of
said tract of land the following four (4) courses:
1. South 00'49'28" West 165.24 feet;
2. South 18"37'27" West 209.69 feet;
3. South 00"50'58" East 141.67 feet;
4. North T8"32'02" East 44.36 feet; thence departing said tract of land described in Book 709, Page 646,
South 16"42,09" East along an existing fence line 192.97 feetto a rebarand cap LS No. 36572 set in place:
thence departing said fenCe line South 66"43'37" West 440.69 feet a rebar and cap LS No. 5933 found in
place; thence South 70'260T" West 330.90 feet a rebar LS No.5933 found in place; thence North 01o11'15"
EASI 28.47 fCCt tO thc TRUE POINT OF BEGINNING.
EXCEPT any portion of said property lying Northerly of Cactus Valley Ditch-
TOGETHER WITH the following described water and water rights, ditches and ditch rights of way;title to
which is NOT irrcluded in the warranties contained herein:
Adjudicated spring water at 64 gallons per minute, Septernber 11, 1972, District Court in and for Water
Division #5, State of Colorado, No. W-610.
85,000
112,120
197,120
85,000
112,120
197,120
7,780
10,260
18,040
7,780
10,260
18,040
200301 06001
020
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4.140
4.140
18,040
18,040
SECTJWN"RNG:5-6-92 DESC:TR lN THE SWSW BK:0492
pc:oiot BK:1416 PG:650 RECPT:616558 BK:1385 PG:655
ECPT:6'10532 BK:0888 PG:0225 BK:0662 PG:0769
EGLER, DONALD R & ANNETTE R
544 N TRAVER TRAIL
GLENWOOD SPRINGS, CO 81601
031053 HIGHWAY 6 &24
srLT81652
lmprovements
E
Garfield CountY
Account: R200053 AccountTYPe:
Tax Year: 2003 Version:
Parcel: 217905300007 Area ID:
Mill Levy: 55.453000 APR District:
Estimated Tax: 1,000.37 Status:
* This Mill Levy is from the most recent tax roll
Name and Address lnformation Legal Description
Property Location
Land
Total
Land
Actual Assessed SQUARE FEET Taxable
Total
Year:20A2
Moees wl
o Gul^v-oe) 6zE8-re?-008- ttuor'r{ra^P'l i
't^
Patty Clark
PO Box 185
Silt, co 81650-0185
lRebe""u Tedrow
I 9+ Cou,ltY Road 227
I Rifl., co 81650
L,".b"n & Ada wagstrorn
| rczCountY Road 227
I nifle. co 8 l650
I *,0" & Netti Miller
I po Box 897
I::::::: Pt
I r+oo Grand Ave'
I sitt. co 8 t6s2
I **,* ro;;*"iL'o'Irghor,e
I Rin", co 8l6so
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HEPWORTH . PAWLAK GEOTECHNICAL
oHeprl'ortFl,awlak Geotechnicai' Inc.
5Oi0 Counrv Road 154
Glenwood Springs, Colorado 81601
Phone' 970-945-7988
Fax:970-945.8454
email' hpgeo@hpgeotech.com
SUBSOIL STI.IDY
FOR FOLNDATION DESIGN
PROPOSED RESIDENCES AND CABINS
T}YO PARCELS OF LAND AT
WEST OF SILT,31053 HIGHWAY 6
GARFIELD CO UNTY, COLORADO
JOB NO. 703 L27
FEBRUARY 2I,2OO3
PREPARED FOR:
PEREGRINE DEVELOPMENT
ATTN: DON ZIEGLER
P.O. BOX 849
GLENWOOD SPRINGS, COLORADO 81602
parker 303-84t-7llg . Coiorado Springs 719-633-5567 ' Silverrhorne 970-468-1989
4
4
5
5
6.
TABLE OF CONTENTS
PURPOSE AND SCOPE OF STI.IDY
PROPOSED CONSTRUCTION
SITE CONDITIONS
FIELD EXPLORATION
SUBSURFACE CONDMONS
FOUNDATION BEARING CONDITIONS
DESIGN RECOMMENDATIONS
FOUNDATIONS
FLOOR SLABS
SURFACEDRAINAGE...
LTMITATIONS
FIGURE 1 - LOCATION OF EXPLORATORY BORINGS
FIGURE 2 - LOGS OF EXPLORATORY BORINGS
FIGURE 3 - LEGEND AND NOTES
' FIGURES 4 through 7 - SWELL-CONSOLIDATION TEST RESULTS
TABLE 1- SUMMARY OF LABORATORY TEST RESULTS
Job # 103 127 ce&ec+r
1
2
)
J
PURPOSE AND SCOPE OF STUDY
This report Presents the results of a subsoii study for nvo proposed residences and two
cabins to be located on two parcels of land at 31053 Highway 6, Garfield County,
Colorado. The project site is shown on Fig. 1. The purpose of the study was to develop
recommendations for the foundation design. The study was conducted in accordance
with our agreement for geotechnical engineering services to Peregrine Development
dated January ?2,2043-
A field exploration program consisting of exploratory borings was conducted to obtain
information on subsurface conditions. Samples of the subsoils obtained during the field
exploration were tested in the laboratory to determine their classification,
compressibility or swell and other engineering characteristics. The results of the field
exploration and laboratory testing were analy zed to develop recommendations for
foundation types, depths and allorvable pressures for the proposed building foundation'
This report summarizes the data obtained during this study and presentS our
conclusions, design recommendations and other geotechnical engineering
considerations based on the proposed construction and the subsoil conditions
encountered.
PROPOSED CONSTRUCTION
The proposed residences will be two story wood frame structures with attached garages'
Ground floor will be structural over crawlspace for the residences and slab-on-grade for
the garages. The proposed cabins will be single story structures over crawlspaces' The
cabins will be 20 by 30 feet in size. Grading for the structures is assumed to be
relativeiy minor with cut depths of about 3 to 4 feet. We assume relatively light
foundation loadings, typical of the proposed types of construction.
c,ts5tecrrJob # 103 127
If building ioadin,es, Iocation
above, we shouid be notified
-z-
or grading plans change significantly from those described
to re-evaluate the recommendations contained in this rePort.
SITE CONDMONS
The site is a small ranch with an existing single stor,v residence. The existing residence
is a single story wood frame strucrure. Several sheds are located on the property. The
sites of the proposed structures is relatively flat with gentle slopes down to the south. A
gully with a small creek is located through the center of the proPerty approximately
between Parcels L and 2. The guliy is approximately 15 to 20 feet deep. An existing
pond is located in the northern portion of Parcel 2. An existing wetlands is located in
the northeast portion of Parcel 1. Some minor cuts and fills for construction of the
existing driveway and the pond are located on the property. Vegetation consists of
scattered cottonwood trees, brush, sagebrush, grass and weeds.
FIELD EXPLORATION
The field exploration for the project was conducted on January 28 and 29, 2003. Four
exploratory borings were drilled at the locations shown on Figure L to evaluate the
subsurface conditions. The borings were advanced with 4 inch diameter continuous
flight augers powered by a truck mounted CME-458 drill rig. The borings were logged
by a representative of Hepworth-Pawlak Geotechnical, Inc'
Samples of the subsoils were taken with a 2 inch I.D. spoon sampler. The sampler was
driven into the subsoils at various depths with blows from a L40 pound hammer falling
30 inches. This test is similar to the standard penetration test described by ASTM
Method D-1586. The penetration resistance values are an indication of the relative
I
Oensiry or consistency of the subsoils. Depths at which the samples were taken and the
penetration resistance values are shown on the Logs of Exploratory Borings, Figure 2-
cE5tecrrJob # 103 127
-J-
The samples were returned to our laboratory for review by the project engineer and testing-
SUBSURTACE CONDITIONS
Graphic logs of the subsurface conditions encountered at the site are shown on Figure 2.
The subsoils consist of about lzto L foot of topsoil overlying medium stiff to stiff,
stratified, sandy to very sandy silt and clay. Relativeiy dense, silry sand and gravel
containing cobbies and boulders was encountered beneath the silt and clay in Boring 4
at a depth of 401/z feet. Drilling in the dense gravel with auger equipment was difficult
due to the cobbles and boulders and drilling refusal was encountered in the deposit.
Laboratory testing performed on samples obtained from the borings included natural
moisture contsnt, density. Atterberg limits and finer than sand size gradation analyses-
Results of swell-consolidation testing performed on relatively undisturbed drive
sarnples of the silt and clay, presented on Figures 4 and 5, indicate low compressibility
under existing moisture conditions and light loading. The samples generally showed a
minor to low collapse potential (settlement under constant load) when wetted. The clay
samples from BoringZ at5 feet and 15 feet showed a low expansion potential when
wetted under a constant light surcharge. The laboratory testing is surnmarized in
Table 1.
Groundwater was encountered in Boring 4 at a depth of 39 feet at the time of drilling.
No free water was encountered in the other borings at the time of drllling and the
subsoils were typically slightly moist to moist.
FOUNDATION BEARING CONDITIONS
I
fne iitt and clay subsoils at the site possess low bearing capacity and generally low to
moderate settlement potential. Spread footings bearing on these soils should be feasible
for foundation support of the residences with some risk of settlement. The risk of
settiement is primarily if the bearing soils become wetted- Sources of potential wetting
Job # 103 '127 cE&ecrr
2)
3)
4)
-4-
include surface water ponding, excessive irrigation
evaluations of the bearing soils should be made for
observation of the foundation excavations'
and utility line leaks. Site specific
the individual building such as
DESIGN REC OMMENDATIONS
FOUNDATIONS
Considering the subsoil conditions encountered in the exploratory borings and the
nature of the proposed construction, we recommend the building be founded with
spread footings bearing on the natural subsoils.
The design and construction criteria presented below should be observed for a spread
footing foundation system.
1)Footings placed on the undisturbed natural subsoils should be designed
for an allowable bearing pressure of 1,500 psf. Based on experience, we
expect settlement of footings designed and constructed as discussed in
this section will be about 1 inch or less. There could be some additional
movement if the bearing soils become wetted.
The footings should have a minimum width of 18 inches for continuous
walls and 2 feet for isolated Pads.
Exterior footings and footings beneath unheated areas should be provided
with adequate soil cover above their bearing elevation for frost
protection. Placement of foundations at least 36 inches below exterior
grade is typically used in this area.
Continuous foundation walls should be reinforced top and bottom to span
local anomalies such as by assuming an unsuPPorted length of at least
L2 feel. Foundation walls acting as retaining structures should also be
c5&ea-rIob # 103 127
6)
-5-
designed to resist a lateral earth Pressure corresponding to an equivalent
fluid unit weight of 50 pcf.
The topsoil and any loose or disturbed soils should be removed and the
footing bearing ievel extended down to the firm natural subsoils. The
exposed soils in footing area should then be moistened and compacted.
A representative of the geotechnical engineer should observe all footin*e
excavations prior to concrete placement to evaluate bearing conditions.
FLOOR SLABS
The natural on-site soils, exclusive of topsoil, are suitable to support lightly loaded slab-
on-grade construction. The subgrade should be evaluated for settlementlheave potential
at the time of construction. To reduce the effects of some differential movement, floor
slabs should be separated from atl bearing walls and columns with expansion joints
which allow unrestrained vertical movement. Fioor slab control joints should be used
to reduce damage due to shrinkage cracking. The requirements for joint spacing and
slab reinforcement should be established by the designer based on experience and the
intended slab use. A minimum 4 inch layer of sand and gravel should be placed
beneath slabs-on-grade for subgrade support. This material should consist of minus 2
inch aggregate with at least 50Vo retained on the No. 4 sieve and less tban lTVo passing
the No. 200 sieve.
AII fill materials for support of floor siabs should be compacted to at least 95Vo of
maximum standard Proctor density at a moisture content near optimum. Required fill
can consist of the on-site soils devoid of vegetation and topsoil.
SURFACE DRAINAGE
The following drainage precautions should be observed during construction and
maintainEd at all times after the residences and cabins have been completed:
Job # 103 127 c5Stecrr
s)
Inundation of the foundation excavations and underslab areas should be
avoided during construction.
Exterior backfill should be adjusted to near optimum moisture and
compacted to at least 95Vo of. the maximum standard Proctor density in
pavement and slab areas and to at least 90% of the maximum standard
Proctor density in landscape areas.
The ground surface surrounding the exterior of the building should be
sloped to drain away from the foundation in all directions. We
recommend a minimum slope of 6 ilches in the first 10 feet in unpaved
areas and a minimum slope of 3 inches in the first 10 feet in paved areas.
Roof downspouts and drains should discharge well beyond the limits of
ail bacldill.
Landscaping which requires regular heavy irrigation, such as sod, should
be located at least 5 feet from foundation walls.
LIMITATIONS
This study has been conducted in accordance with generally accepted geotechnical
engineering principles and practices in this area at this iime. We make no rvarranty
either express or irnplied. The conclusions and recommendations submitted in this
report are based upon the data obtained from the exploratory borings drilled at the
locations indicated on Figure L, the proposed types of construction and our experience
in the area. Our findings include interpolation and extrapolation of the subsurface
conditions identified at the exploratory borings and variations in the subsurface
conditions may not become evident until excavation is performed. H conditions
encountered during construction appear different from those described in this rePort, we
should be notified so that re-evaluation of the recommendations may be made.
t
This report has been prepared for the exclusive use by our client for design purposes.
We are not responsible for technical interpretations by others of our information- As
1)
2)
3)
4)
s)
Job#103127 cE&ecrr
O -6-
-7 -
the project evolves, lve should provide continued consultation and field services during
construction to review and monitor the implementation of our recommendations, and to
verify that the recommendations have been appropriately interpreted. Significant design
changes may require additional analysis or modifications to the recommendations
presented herein. We recommend on-site observation of excavations and foundation
bearing strata and testing of structural fill by a representative of the geotechnical
engineer.
Respectively Submitted,
HEPWORTH - PAWLAK GEOTECHNICAL, Inc.
Jordy Z. Adamson,
Reviewed by:
JZAlksw
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9 / zezoz F
ffi;tk#
Hardin, P.E.
Job#103127 e&Etecn
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BORING 1
PRoPoSED oABIN)
BORING 2
o
(PROPOSED
RESIDENCE)
PARCEL 2
-ut--a
PARCEL 1
TO MILLER LANE
(couNTY ROAD 227)
,/
ROPERTY UNE / '1\
BORING 4\\.
(PRoPosED - i...OABIN) 'r\
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APPROXIMATE SCALE
1" = 100'
\_
HIGHWAY 6
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EXISTING GRAVEL \\
DRIVE 1\
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LOCATION OF EXPLORATORY BORINGSHEPWORTH_PAWLAK
GEOTECHNICAL, INC.103 127
\ \ BoRtNG 3\\ o
BORING 1 BORING 2 BORING 3 ORING 4
1212
WC=5.3
DD-101
-200=43
LL-25
Pl=10
13/12
WG=5.5
0D=98
8/12 5/12
WC-l1.4
DD-109
7 /12
WC=5.3
DD-104
-2O0-36
7 /12
13/12
WC=I1.6
DD-117
-200=80
10/12
8/12
y1e=7.1
DD=109
-200=59
8/12
WC=8.4
DD=9a
10
10 17 /12
15
15 17 /12 e/12
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20 14/12 10/12 13/12 17 /'.12
20
25
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30 30
3535
4o 40
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Note: Explonotion of sYmbols is shown on Figure 3.
45 45
Figure 2LOGS OF EXPLORATORY BORINGSH EF WORTH _PAWLAK
GEOTECHNICAL, INC.
0
0
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LEGI
a
n
W
F
ToPSolL; sondy silty cloy, orgonic, soft to medium stiff, moist, dork brown.
SILT AND CLAY (ML-CL); sondy to very sondy, sond loyers, strotified, medium stiff to stiff' slightly
moist to moist, brown, slightly porous, tiigi,tii porous,'slightly colcoreous, low plosticity'
SAND AND GRAVEL (SM-GM); silty, with cobbles ond boulders, dense, wet, brown'
Relotively undisturbed drive somple; 2-inch l.D. Colifornio liner somple'
Drive somple blow count; indicotes thot 17 blows of o 140 pound hommer folling 30 inches were
iequired tb drive the Colifornio sompler 12 inches'
Free woter level in boring of the time of drilling'
Depth ot which boring hod coved following drilling'
Procticol drilling refusol.
17 /12
-:;r,
1. Explorotory borings were drilled on Jonuory 28 ond 29, 2003 with o 4-inch diometer continuous flight
Povver ouger'
2. Locotions of explorotory borings lYere determined in the field by the client'
3. Elevotions of explorotory borings were not meosured ond the logs of explorotory borings ore drown to
depth.
4. The explorotory boring locotions should be considered occurote only to the degree implied by the
method used.
S. The lines between moteriols shown on the explorotory boring logs represent the opproximote boundories
Uetween moteriol types ond tronsitions moy be groduol'
6. Woter level reodings shown on the logs were mode of the time ond under the conditions indicoted'
Fluctuotions in woter- level moy occur with time'
7. Loborotory Testing Results:
WC=WoterContent(%)
DD = Dry Density ( pcf )
-200 = Percent possing No' 200 sieve.
LL=LiquidLimit(Z)
Pl = Plosticity lndex ( % )
Figure 3LEGEND AND NOTESHEP WORTH _ PAWLAK
GEOTECHNICAL, INC.
Moisture Content = 5.5 Percent
Dry Density = 98 Pcf
Somple of: SondY Silt
From:Boringl ot5Feet
.Compression
uPon
wetting
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APPLIED PRESSURE - ksf
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APPLIED PRESSURE - ksf
Moisture Content = 11.6 Percent
Dry Density = 117 Pcf
Somple of: SondY CloY
From:Boring2ot5Feet
\r \\
Expohsion
uPOn
wetting
t
0.1
100
SWELL CONSOLIDATION TEST RESULTSHEPWORTH-PAWLAK
GEOTECHNICAL, INC.103 127
t-
10010
APPLIED PRESSURE - ksf
1.0
Moisture Content = 12.9 Percent
Dry Density = 109 Pcf
Somple of: SondY CtcY
From: Boring 2 of 15 Feet
ll
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103 27 HEPWOR TH _ PAWLAK
GEOTECHNICAL, INC.SWELL CONSOLIDATION TEST RESULTS Figure 5
Moisture Content = 7.7 Percent
Dry Density = 109 Pcf
Somple of: VerY SondY CloY
From: Boring 3 of 5 Feet
Compression
'upon
wetting
1.0 10
APPLIED PRESSURE - ksf
10b
0.1
o
1
2
3
4
5
6
7
8 1001.0 10
APPLIED PRESSURE - ksf
Moisture Content = 8.4 Percent
Dry Density = 94 Pcf
Somple of: SondY SiltY CloY
From: Boring 3 ot 10 Feet
\
\Compression
upon
wetting
\
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0.1
Figure 6SWELL CONSOLIDATION TEST RESULTSHEPWORTH-PAWLAK
GEOTECHNICAL, INC.
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Moisture Content = 11 '4 Percent
Dry DensitY = 109 Pcf
Somple of: SondY SiltY CloY
From: Boring 4 of 2 Feet
-Compression
uPOn
wetting\
0.1 1.0 10
APPLIED PRESSURE - ksf
o
1
2
3
4
1.0 't0
APPLIED PRESSURE - ksf
100
Moisture Content = 5'3 Percent
Dry DensitY = 104 Pcf
Somple of: CloYeY Sond
From: Boring 4 of 5 Feet
-Compressionupon
wetting
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Eookctrll Sw.y ScNiccs. lnc.
136 E 3rd Stc.l
Rinc, CO 81650
(970) 625-1330
WARRANTY DEED
THIS DEED, made this 1Oth day of September,2O02
STUARTJ. DYKSTRA AND KATHLEEN R. DYKSTRABetween
of the
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' County of Garfleld , and State of CO, grantor, and
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WITNESSETH, That the grantor for and in consideration of the sum of $240,000.00 DoLLARS, the receipt and sufficiency of
which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain' sell and
convey and confirm unto the grantee, his heirs ani assigns forever, all the real property together with improvements, if any, situate'
lying and being in the County ot Garfleld and State of Colorado described as follows'
) -.-''t /"\' J .-+-.-. /'tz</ Ur,l, tE
Kathleen R. Dykstra - /
See Attached Exhibit "A"
as known by street and number as: 31053 Highway 6 Rifle CO
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the
reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim
and demand whatsoever of the grantor either in law or equity, of, in and to the above bargained premises, with the hereditaments
and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his
heirs and assigns forever. And the Grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and
agree to and with the Grantee, his heirs and assigns,'that at the time of the ensealing and delivery of these presents' he is well
seized of the premises above conveyed, has goJd, "rr", perfect, absolute and indefeasible estate of inheritance, in law, in fee
simple, and has good right, full power and lafrul authority to grant, bargain, sell and convey the same in manner and form as
aforesaid, and that the iame are free and clear from alt former and oiher grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except general taxes and assessments for the year 2002 and
subsequent years and all those specific exceptions described by reference 1o recorded documents as reflected in commonwealth
Title Company's Commitment No. 0208030-R
The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable
possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part
thereof. The singular number shall include the plural,-the plural the singular, and the use of gender shall be applicable to all genders'
lN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
DONALD R. ZIEGLER AND ANNETTE R. ZIEGLER'
as joint tenants with full rights of survivorship
whose legataddress is: 544 N. Traver Trail, Glenwood springs, co, 81601
of the County of Garfield and State of CO, grantee:
STATE OF COLORADO
COUNTY OF GARFIELD
Theforegoing instrument was acknowledged before me on September 10, 2oo2,by stuart J. Dykstra and Kathleen R. Dykstra
My commission expires:
DENNA ROOF
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires 0912712005
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Commonwealth File No. 020803O-R
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61655Elol 2
liit ilillt lilill llt illlll lllll|.Ill uttufll'tir\liibsC"oz;ile B1416 P650 t'l RLSDoRF
N_TT.OO $ O.OO GRRFIELD COUNTY CO
Rcturn to:
J. Dykstra
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File No.0208030-R
EXHIBIT ''A"
PARCEL 1
A parcel of land previously described in Book 662' Page 77O 'o'f
the Garfield county clerk and
Recorder,s office iir"t" in the sw1/4SW riq otsection i]ro*nrnip 6. south, Range 92 west of the
6th p.M., county of Garfierd, State ot'doroiaoo, said parcer of rand being moi" parti"ularly described
as follows:
commencing at the southwest corner of section 5, Township o s9l!h: R1n9e 92 west of the 6th P'M"
county of Garfietd, State of colorado,-and alumi'IT,"^"; Lbf ;.s. ii qi!"', thence North 89"40'50'
East atong the southerly line- gf^:3.,i s;"tion s, 777 'loieet to a rebar and cap LS No' 36572 set in
prace the TRUE pijir.ri'or eecrNNrNG; tnence departrn"i saiJsoutnerly line North 31"56'23" west
j87.9s feet a rebar and cap Ls No. iir"Litir" tluno i" nrT"ir**+*n 51'40'23" west 423'90 feet a
rebar and cap Ls No. 593i Founo i" p]r""; thelce |"rth'&';3137" East 440'09 feet to a point on an
existing fence rine a rebarand cap rs'r.r".-iosTzselin'prJJ";'tnence continuing along said fence line
the following six courses:
1.South2o.28,o9..East19.5Bfeettoarebarandcap!9No36572setinplace'
2. south 52"26'O;*Erit eg.og feet to ; ;;;rno ""p LS No' 36572 set in place;
3. South 23"4i,1d,,W"-riff a.Zt feeito a ienar and cap LS No' 36572 set in place;
4. south 35'14'2;" Eaii zag.so t"etio-. reJ"i "no
cap LS No' 36572 set in place:
5. South 36"48;34,' Easr224.5o teet iol n"rt *11"L.rortn.rr, right of way of Highway 6' arebar and
cap Ls No. 36572 set in prace; tn"n." ilrth g6"20'57i'"w".i'rio"ng said nght of way 165'15 feet to a
point on the southerry rine of said Section 5, (whence , "on"r"t"
right oi way marker bears south
83"38,08', West 9.61 feet); theng""O-+rrti;ei t-'9-19;i "r-*'V So;tn ag"ao;S." West along said
Southerly tine tgslaz teetto the TRUE POINT OF BEGINNING'
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FAX COYER SHEETJAN 0 5 200\
Alpinc Profcssional Building
817 Colorado Ave, 2"o Floor
Clenwood Springs, CO 81601
Phone number: 9'l 0-92E-7 I 0 I
Pax numbcr: S1W3E!
iEND TO ROM
Don Ziegler
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Civil Engineering
tWater Rights, Augmentation Plans t Groundwater, W.ell Permitting
tHydrol6gy, Ftood Plain Analysls rCanals, Pipelines, Dams
GENERAL LOCATION
MAP
FICURE NO.
FilcName: BascrnaP.dwg Job No: 570 CIicnr
Ziegler Properly
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RIICEIVED
,;T z z 2003
r,.,. ;IELD COUNTY3[II i{G & PTANNING
October 22.2003
Re: ZieglerSpecial Use Permits fbr ADU's on Parcels 1 &'2
To Whom It MaY Concern:
Myplantoabandonthedrivewaybetweenparcels:'&z,pertheconditionsofmy
Special Use Permit is as follows:
Currently, I have installed an irrigation system that will enable me to water and maintain
the grass and revegetated areabetween the properties'
Currently, I have graded the area between the properties to remove the appearance of a
drivewaY.
Inthespringthisareawillbehydro-seededwitlrgrassandothernaturalplants,andthere
*itt U" uOOiiiorrut trees and shrubs planted at that time'
Hopefully, this addresses your concerns as it relates to this condition of my Special Use
Permit'Ifyouhaveanyfurtherquestions,pleaseclon,thesitatetocall'
Thanks.
@
Donald Ziegler
Owner -:tOS: HighwaY 6, Rifle' CO 8i650
RECEIVED
OCI 2 z 2003
GARFIE.i] COUNTY
EUILDING & PLANNING
Application D ate : run U2 00 3
T ermination Date : I I /2 1/2 00 3
District:2
Anplication for Drivewav Permit
Permit Number:127
CountY Road Nuntber: 227
SubContractor:
Permitee: Don Ziggler
Inspeclor: Ted Morgan
Garfield Coun
hereby requests permission and authority from the Board of county commissioners to consfruct a driveway approach (es)
on the right-of-way offof county no"a;Zz]ni;;;;p""y, ua;"".nt to Applicant's proPerty located on the side of road
for the purpos" ofobtaining access to property'
Applicant submits herewith for the consideration and approval of the Board of county commissioners, a sketch of the
orooosed instatlation showing all the necessary specification detail including:
l. Frontage of lot along road'
2. Distanie from centerline of road to properf line'
3. Number of drivewaYs requested
a,. Width of proposed driveways and angle of approach'
5. Distance fuom driveway to ioad intersection, if any.
6. Size and rt"i" oi".*ieparating driveways if morethan one approach.
i. Setback disrz-nce of building(s) and other structure improvements.
g. No unloading of equipment on "ounty
,oud any damage caused to county road w,r be repaired at subdivision
expense.
9. Responsible for two years from the date of completion'
General Provisions
l) The applicant represents all parties in interest, and affrms that the driveway approach (es) is to be constructed by
him for the bona fide purpose "f ;;.G;;!ss to his piop".ty and not foi ttrl puqPose of doing business or
servicing vehicles on the road right of way'
z) The applicant shall furnish all labor and materials, perform all work, and pay all costs in connection with the
construction of the driveway(s). All work shall be completed withinthirty 1io) aays of the permit date'
3) The type of construction shall be as designated andfol approved.by theBoard of county commissioners or their
representative and all materials ur.a.t"ir be ofsatisfaclJry quality and subject to inspection and approval ofthe
Board of County Commissioners or their representative'
4) The traveling public shall be protected during the installation with proper warning signs and signals and the Board
of county commissioners and tt "i, aurv upplin19a ug"ni, and employee shall bJheld harmless against any action
for personal injury or property d";;" ru#in"a by any reason oflhe exercise of the Permit'
5) The Applicant shall assume responsibility for the removal or clearance of snow, ice, or sleet upon any portion of
the driveway approach (es1 even though ieposited on the driveway(s) in the course of the County snow removal
oPerations.
ln the event it becomes n".or|}[o remove any right-of-w1v fen1e., tn" po3n:i ho side of the entrance shall
be surely.brace6 before the fenci is cut to prevent iny slacking of the remaining fence, and all posts and wire
removed shall be turned over to the District Road Supervisor of the Board of County Commissioners'
No revisions or additions strall be made to the driveway(s) or its appurtenances on the right'of-way without wriuen
permission ofthe Board of County Commissioners'
provisions and specifications outlined herein shall apply on all roads under the jurisdiction of the Board of county
commissioners of GarFreld county, colorado, and tirl Specifications, set forth on the attached hereof and
incorporated herein as conditions hereof'
SPeciaJ Conditions:
Construct a 30' wide driveway with a 15" culvert 5e' long'
A Chip Seal pad is required 30'wide X 10' long X 4" thick
No more than a 3% slope away from the County road'
Construct so no drainege tccesses the CountSr Road'
In signing this application and upon receiving authorization and permission to install the driveway approach (es)
described herein the Applicant signifies that he his rea4 understands and accepts the foregoing provisions and conditions
and agees to construct the driveway(s) in accordance with the accompanying specification plan reviewed and approved
6)',
7)
8)
1.
2.
3.
4.
by the Board of County Cornmissioners'
Signed:
Address:
Telephone xr-u"",G1.r-)3? 1- I zlo
permit granted l}nl1}o3.subject to the provisions, specifications and conditions stipulated herein'
For Board of county commissioners' of Garfield county, colorado:
Representative of Garfield county Road and Bridge signature
_f 4Bs r. \rr r
Tamara
From: Steve Anthony
Sent: Monday, October 13, 2003 1:38 PM
To: Tamara Pregl
Subject: Zeigler ADU
Tamara
The Veg Plan is accePtable
(FYl-looks like it was done by Nature Tech)
t011312003
Noxious Weed Management PIan
For
Ziegler Parcel
PREPARED FOR:
Don Ziegler
817 Colorado Ave.
Suite 201
Glenwood SPrings, CO 81601
Garfield County, Colorado
August 2003
,.7
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(-nnrrnnn Nnme Scientific Name Urqency of Contrq!
Centaurea repens HighPrrcciqn Knanweed
Cirsium arvense Hieh
Canada Thistle
Houndsto!que Cynoslossum offi crq4q! g Moderate
Whitetop Cardaria draba High
Musk Thistle Carduus nutans Moderate
Jointed goatgrass Aeoilons cvlindrica High
HiehLeafu Spurge.trrrmhorbia esula
HighTamariskTamarix ramoslssrma
Kochia Kochia scoparia Moderate
Noxious Weed Management Plan
Invasive plant species have been identified as a problem in Garfield county since the early
1980's. However, not all invasive species are piobtematic' For example' numerous annual
species in the mustard family are dependent on disturbed areas in order to maintain themselves.
They are easily controrled una *itt ,r,nJv u"out-competed by more desirable vegetation in the
absence of continued soil disturbance'
In this instance, however, we are most concerned with those species of invasive plants that are
listed as noxious by the state and county weed boards' These species tend J9 form extensive root
systems, produce .opiou, amounts of seed, often have extraordinary seed dispersal mechanisms
and are often resistant to herbicides. These non-natives, free of the pests and ecological balances
present in their place of origin, demonstrate extraordinary ability to out-compete native plant
species. species such as ,pitt.d knapweed and Russian knapweed as well as leafy spurge can
entirely exclude other plant species to form monocultures. others such as canada thistle'
houndstongue and yellow star-thistle *iti J"gruo. wildtife^ habitats, forage values on rangelands
and among crops, and compromise the functtnal value of wetlands. All of the above can be
extremely-diffrcult to control and impossible to eradicate in some cases'
Noxious Weeds of Concern
While very few noxious weeds were fbund on the Zieglet Parcel site, its proximity to weed
vectors such as Highway 6 &24,the Colorado River urd thr irrigation ditch through the parcel
put the area atrisk, particularly since construction activities witi disturb extensive amounts of
soil and create pe#ct conditions ro. inuurrue species to become established. Table I identifies
thosenoxiousweedspeciesofgreatestconcernintheprojectarea.
Other invasive species are also present on the site and witl likely increase in abundance
temporarily during constructiorl but these will also quickly lose ground once construction is
complete, soil disturbance ends and appropriate inigation and typical grounds maintenance
efforts begin. Species such as Lambsquarters, C-urly-cup gumweed' Blue-mustard' purslane'
Tansy-mustard, ,ag*"ed, shepherds-purr. and clasping pepperweed fall into this category'
Table 1: Potential invasive noxious weeds of concern on the ziegler parcel'
The following pages will detail growth habits, adaptations and effective control methods for
each of the potential noxious *."dt listed in Table 1- Monitoring should include close
observation on u..gul* basis for any of the invasive noxious weed species on this list'
Individual plants should be identified and control efforts begun immediately upon identification
of any of these species. control efforts are far more effective against these-species if undertaken
when only individual plants are beginning to establish root systems and before they can begin
producing seed.
It is important to note that in wetlands and on areas adjacent to open water, treatment options
become limited since many herbicides cannot be usedln aquatic environments. some species,
such as knapweed, are almost impossible to contror without use of herbicides. Therefore it will
be vitally important to identiff and eradicate such species early in the infestation before they can
become well-established.
Russian KnaPweed
This species is a perenniar which forms dense colonies via a rhizomatous root system. Stems are
erect, openly branched and stand l g-36 inches tall. The lowermost leaves are deeply lobed and
2-4 inches long. The upper leaves are nalrow with generally smooth margins,.though slight
serrations can be pr.r.ni. The flowerint neads are Ione-shapd"/+to t/'inch in diameter with a
single flower at the end of each stalk. Fiowers are pinkish to purple and occur from June
through September. This plant can produce many ihousands of seeds in a single growing season'
but the root system, which can extend to over S flet in depth, is what makes this species nearly
impossible to eradicate once it is established'
Russian knapweed has proven to be highly resistant to.many herbicide, and its root system makes
mechanical controls ineffective unless the infestation is noticed when only one or two young
plants are becoming established. Since this species can survive a wide variety of site conditions'
including extended inundation, it will be very important to identis any invading individuals and
treat them both mechanically and wrth herbicide prior to creation of the wetlands'
Recommended herbicide application (upland areas) is Tordon ZzKatthe rate of I qt/acre or
Tordon 22KandBanvel mixed at the rie or I ptracreeach. If treating in and around water,2,4'
D amine at the rate of 2lb/acre or Rodeo atl.i pt/acre can be used, but control success is much
reducedwith2,4-DandRodeoascomparedwithTordon22K.
Canada Thistle
This is a colony-forming perennial which forms extensive root systems, both deep underground
and laterally. It is a wet-land-adapted species in its native Eurasian environment' but has
tremendous ability to persist in viry dry sites as well Stems are 14 feet tall, ridged and
branching toward the top. Leaves are alternate, oblong and have irregular lobes each of which
has a spiny tip. Flowers are purple, yzto3/oinches in diameter and when mature, produce seed
heads that are flattened, brownish and with a tuft of white hairs at the top. Flowering occurs in
July and August.
An integrated approach to the control of this species is advised' Techniques such as hand
grubbing und ,ep.ut!a ,unirg could u. ur.J with an optimum interval of t0 days for canada
Thistle. Herbicide o"ut n.r,i*ill enhance success immensely Tqdol 22\::the rate of 1
qt/acre or Escort at the rate of r ozurr.'iJpJ ,p*ving).are both effective' lf treating in and
around water or marshy areas, 2,4-Dut z'lllurr" oi noa.o at 4.5 pt/acre can be used'
Houndstonzue
This is a bienniar species which grows r-4 feet tail and reproduces only by seed' Leaves lack
teeth or lobes, they are alternate, go* rp'o i2 inches long and 3 inchls wide and are covered
by rough hairs. Flowers are reddiih-pu;l;;; t:*iPl; ieeds are tear-drop shaped' but
flattened in cross section and contain #;r;irt'.!go\r" which can attached to nearly any
surface for transport to new locations. s."a uiuuitity is exceptional and germination rates are
very high.
Thisspeciesformsarosetteanddeeptaproot-duringitsfirstyearandthensendsupaflowering
stalkduringthesecondgrowingseason'Itisbestcontrolledduringtherosettestage'
Mechanical treatments are effectir. riit. ,oot is s"u.r.d berow thI soil surface' Herbicides aid
gfeatly in control ,u".".r. If spraying ot"t"' early in the growth stage' Tordon 22K and2'4'D
mixed at the rate of l pt Tordon and r qt 2,4-Dper.acre work well. If spraying later in the
growing season ,^ifr", ."fia .,p roots frun. io*td, increased the Tordon component to 1 qVacre'
This specie, t u, tni*y;i;i. *, *"iiu' r'aty rt'r surface' for this reason it is advisable that a
penetrant or surfactant be used,o u*,u,. .t,u. the chemical is translocated. If the plant has
reached the flowering stage of the t..;;J;;'mechanically severing the root below ground
level is the best control method. sp.;;;tihat grourth stage will not prevent the seeds from
maturing.
WhitetoP
This is an introduced perenniar mustard that grows r-2 feettail and has deep roots' The leaves
are blue-gr.*r, in ,otoi and lance-sd;ffi;frse1aryd edges. The uppermosl leaves clasp the
stem. Flowers are numerous, small ajnd white with four pziur. and oicur at the terminal end of
the stem. It usually becomes established in waste ur"u, unJ disturbed sites, but once established
can compete very well with native vegetation'
Whitetopisbestcontrolledduringearlygrowthstageswithherbicides'Dense'monocultural
stands require I q,acre Tordon. Early"irifestationsian usually be handled with 2'4-D and
Banvel mixed at ihe rate of I pt/acre each'
Musk Thistle
This species is bienniar and may grow up to 6 feet talr. Leaves are dark green with light green
midrib, deeply lobed and with spiney margins. Flowers are terminal, solitary and 1.5 - 3 inches
in diameter. Flowers are often nodding on bent stems and are generally rosy, violet or purple in
color. The flowers are subtended by spiny bracts'
Musk thistle is native to southern Europe and westem Asia. It tends to invade waste areas'
overgtazed pastures, roadsides and theiike, but its aggressive nature allows it to compete with
healthy native vegetation very well. It can form very dense, monocultural stands if left
untreated.
An integrated approach to the control of this species is advised. Hand grubbing and repeated
cutting L upprop.iate for mild infestations. Itis important to cut vegetative growth by mowing
or sever the root crown below the soil surface priorlo seed head development. If it is cut after
seed head development, infestation could be exacerbated as seeds will finish maturing even if
the plant is severid. In large stands, spraying with 1 ptlacre of Transline will provide adequate
kill results. Tordon 22K is also effective at ;/"ptlu"r". In marshy areas, 2,4-D amine at2lblacte
or Rodeo at4.5 ozlacre will suffrce.
Jointed Goatgrass
This species is a winter annual introduced from southem Europe that grows 15-30 inches tall,
with erect stems that branch at the base. Leaves are simple and alternate, with auricles at the
base and hairs on the leaves. The spike is cylindrical and more than l0 times long as it is wide,
usually consisting of two spikelets about %inchlong each and containing I to 3 viable seeds'
Glumes have a keel that extends into a long awn. Spikelets fall intact at maturity and the
spikelets separate on the ground. Flowerinlg and seed production may occur from May through
July.
This species can persist on many soil types, but generally becomes established on disturbed'
waste areas and is very competitive on'most winter wheat growing areas in North America, as
well as along roadsides, in alfalfa stands and pastures'
Herbicides effective on this species include Atrazine at 1 lb/acre or Roundup Pro at'/zlblacre'
Leafu Spuree
This species is a perennial growing up to 3 feet tall and forming dense, monocultural stands to
the total exclusion of otherllant tp"Ci"t. It has a vigorous root system over l0 feet deep and
produces a sticky seed whici dispirses by pressurized "explosion" from its own seed pod. seeds
may disperse l5 feet this way *d.un remain viable for over 8 years in the soil- Leaves are
alternate, narrow and l-4 inihes long. Stems are densely clustered. Flowers are yellowish-
gfeen, while the roots are brown, containing many pink "buds" from which new shoots erupt'
The entire plant contains a milky sap. This plant has been reported to cause severe irritation of
the mouth and digestive tract in cattle, and may result in death-
Control of this species is extremely difficult and requires a multi-faceted approach' Repeated
mowing every 7-10 days during the growing season accompanied by a fall application of Tordon
22K at I qilacrer".-, to be effective. Monitoring must continue however, and repeated
treatments of this nature may be necessary for 3 consecutive years to adequately control dense
stands.
Tamarisk
This species is a deciduous shrub or small tree that can reach 25 feet in height. Bark is reddish
brown on saplings, stringy on older trees. Leaves are small and scale-like reminiscent of cedars
(hence its common ru*", Saltcedar). Flowers are small, pink and 5-petalled. Roots extend over
)o feet in depth, with a strong lateral root system a few inches below the soil surface' A single
plant produces 500,000 wind-dispersed seeds annually, making it a very invasive species.
Tamarisk is a phreatophyte, using copious amounts of water to the detriment of more valuable
native vegetation. ft atso increases salinity levels on the soil surface and can tolerate much
higher rutinity than native plants. It is usually found along stream, rivers and irrigation ditches.
The most effective control for this species is a combination of mechanical and chemical, and
several methods have been developed. one method is cut the tops off individual plants during
the growing season, causing the trunks to resprout. This causes the plant to use up stored energy
reserves from the roots. After new sprouts have formed, Tebuthiuron (Spike) should be applied
at the rate of 2.5lblacre. Repeat ffeatments may be necessary to eradicate this species.
A second, highly effective approach is to remove the entire above-ground vegetative component
of the pla-nt to within s cm of tne soil surface and apply Triclopyr (Garlan 3A and Garlan 4)
directly onto the stumps within one minute of cuuing (concentration of 1.5 pt/acre). This should
be done in the fall when the plant is actively storing sugar reseryes in the root system and
preparing for dormancy. Retreatment of any new sprouts should be done in 4-12 months and
monitoring should continue indefinitely to prevent future invasions.
A third approach has been to spray a mix of Arsenal and Roundup, but this can only be done on
dry sites away from oPen water.
Kochia
This species is an annual which grows 1-6 feet tall, is much-branched, slender round stems'
usually soft-hairy with alternate, lance-shaped leaves. Leaves usually have hairs on the fringe
and underside, while the tops are smooth. Flowers are very inconspicuous, set in the axils of the
upper leaves and form short, dense spikes. Seeds are dull brown in color, wedge-shaped and
about 1/16 inch long.
Kochia is a native of Asia, and has spread across North America. It is extremely common in
agricultural areas of Coloiado,.rp.Jiully on waste areas near livestock feeding sites, cultivated
ui.ur, roadsides, gardens and the like. Livestock will readily graze this species, particularly
during the early growth stages.
Kochia is relatively easily controlled with a number of herbicides, including Tordon 22K at I
qt/acre, Banvel at 2 lbl acre or 2, 4-D at 2 lbl aqe.
Conclusion
During multiple site visits during the summer of 2003, only tamarisk, kochia, Russian thistle and
a little cheatgrass was found on ih. zieglu parcel. The tamarisk was in limited quantities in the
gully on the iouthwest corner of parcel i. rochia was found along the roadside on both parcels
ind along the irrigation ditch in parcel 2. Russian thistle was very limited, but did occur on the
southeaslco*., of pu.rel I and adjacent to Malory Pond on Parcel 2. Cheatgrass was limited to
the edges of the driveway on Parcei 2 andalong the Cactus Valley Ditch. However, since
constriction activities will disturb soils on botli parcels and seed vectors are nearby, it is likely
that some of the noxious weeds discussed above will be encountered on the property during the
next two years. Monitoring for these should be a high priority and the treatments presented
above should be enacted immediately. With consistent monitoring and appropriate treatment,
extensive infestations should easily be avoided and new invasions should be cost-effectively
controlled.
Department of TransPortation
Traffic and SafetY Section
222South6ft Street, Room 100
Grand Junction, CO 81501
Attn: Mike Smith
Re: State Highway Access Permit #303196
Dear Mike,
please allow for a Notice to proceed to be issued fbr my property located a 31053
Highway 6, Rifle, CO 8i650. The existing residence has had a developed access to
Highway 6 for many yeafs. As I have been involved with remodeling the home and
imiroving the propeiy, Garfield County requirecl me to gain a state access permit as part
of my permitting Process.
My intention to the existing access is to chip/seal the entrance from Highway 6 to the
.nirun". gate on the propeiy yet this fall. f will also be doing some additional clearing to
give the access greater visiUitity for both entering and exiting the property' This is
mainly the removal of weeds and sage brush'
If there is any.thing else you need from me as it relates to having the Notice of Proceed
issued, please dof t hesitate to call me at (970) 379-1280'
Thank you for your consideration in this matter'
RespectfullY,
September 26,2003
Donald R. Ziegler
Owner-31053 HighwaY 6
p.:r,*1ryilr oF rMG;6milN 9I{T
Resion 3 rrriri. i.Iiori '*'"',.i:^t:y:!-9y srreer, Room r00
tilii!::i:?|:ir'"'
September 12,2003
-ETo: Donald Ziegler
31053 Highway 6
Rifle, CO 81650
Dear Donald Ziegler:
Please review the attached state Highway Access permit (Form #l0r) and all encrosed attachments.If you choose NoT to act on the permit, please retum the permit unsigned.Ifyou-wish to AppEAL the Terms and Cond. .
pages 2 & 3 for an exptanation of the "or"#;Hotl:e
permit, please refer to the attached Form I0l
I^f you ACCEPT *" fg,j:nd its Terms and Conditions. plearorm on the line mari<ed.,.pCRiriii;;1l your signatu.".bnfir. sign and date the Access permitIrsted Terms and conditions. ' t LL r our stgnature confirms your agreem"rtio all the
il:Jffffi:eck or monev order made out to the jurisdiction named on the next rine for the
$ so.oo
_ Return a, co mount Due
c"r;il;;il:i#f,t1Ti#il:'":lt:tffi ,,..'*,::,:!:,Ili1ili,#l3;:li;[:"",.
and return to vou a vatioateJ fjln"o "ro-."""rd;;;il1rour State Highway Access permit.
,'#"T3i#;1ffi:j,,ffi:1",}ffi:ffrff"ffi".ffix",:.,ix,,1"rfl:i:i::dateofthistransmitta,
You must obain a Notice to Proceed. Do NoT begin any work within the state Right_of_way without aJlilff ?,,t:iff J:ffi lfr:,:11*i*xrma,iil:ffi 'l',,no,,r.*.poilu,ionDepa.men,,s
If you have any questions, please call: Mike Smith at g70_24g_7230
Return Access permit and attachments to: Region 3 Traffic Section
222 South 6th Street, Room 100Grand Junction, CO gl50l
. rr! .rqrrJlllltta,,o rFo.p,*., i "i'i;ffi,,";i",Tlr','.'fl i:ill LH
:
Muk. "h."k-iIiiifrIffi ub r" to
CDOT Form #12 2 I t/gg
This Page lntentionallY Left Blank
I
Copy Distribution:
l.Region
2.Appticant
3.StaffAccess Section
Pravtous "aition."ffi CDOT Form #101 B/98
6stoe,"ssfil!ffif,!
,qTATE ttr^r rr., ^ rL, NI\JNYYAY ACCESS PERMIT CDOIpermirFF
303 I 96
Hermit lee
50.00
r-rrghway No/Mp/Sidenn(T\h^/ ^^^,-D, te otliinlil''iiiEi---
_ 09/08/2003 Region/SecrionFZiil
03/02/10
.6du/L
Garfield County
is hereby granted permissio
,j'l,;*I*:[*irfr :iii",-:,ffi *f [#:',f ffi r:ilil.H;*dffilil',',,{trfl d"lf#r*T;uryorpropertydamaiesustainedby;;;;;';jli,L",","i."ot
Donald Ziegler
31053 Highway 6
Rifle, CO 81630
970-379_1280
ner NolofTES
Donald Ziegler
31053 Highway 6
Rifle, CO 81650
9'70-379_1280
Located on the north side of Highway 006D, a distance of 4646rreet east of Rp g6.
Single-Family Detached Housing.........Assessory Dwelling U"it............:.......-.IO ADT'
I ADT
99.00 y"
1.00 0A
Otne r term J anO ionOttr=ois :* see Attached pages 2 and 3 and other Encrosures for Additionar Terms and conditions.
$P 2001
lr
/s
5,r'ivirrCrFAllTv OR C
authority.By
(x)
I+Tdrnitiation. rhe permitteo access ;;;ii;;;#,?X,:Jffi:I:ffi:i!".;,,i^Tff1":l*;m;X*3;T,.,#!I;;.
nh ,f,oelng used.
Tha ^^--le^- ..,v Psil I trt PI l(
il:ffiTl:".i;?ilif:'J,T:1"T"#:TJ:;""".1",nff;it1#;ril1,:f;ililff;1 Ri,e a, e70.62s_2286 at
]Pf :::r_:"ning as.rhe permiflee musr be rhe owno, ^. r^^^, _^-]!-" n9po, sisnins as rhe permilee musr be ,r::;::"
verrulr wrtnrn the state Highway right-of-way
accept rhe o;;-ii I* ,iri"?fllltli"T,i,il,3;ll" o*"", or resar represenrarive or rhrottneproperlyservedbythepermirtedaccessandhavefullaUthorilyto
^^. r:' ' ''
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A,ccBsiManager
LocalAuthority
MTCE Patrot
necessary for:
lnspeclor
Traffic Engineer
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STATE HIGHWAY
lssued to Don Ziegler
o
ACCESS PERMTT #303196 September g, 2003
TERMS AND CONDITIONS
l ' This permitted access is only for the use and purpose stated in the Apprication and perrnit. This permit
::i:,,",:iU:;"'9ffiil'i:nffi*j"":",ii#..fi:r*l), ana r,T,..i'i,iln u,on the inrormation
aspects mav render this permit uoia,.."qui.i.,g u n"*;#i:t[rf,?itft;;:,[::r"T,111fft "
anticipated future conditio" a"v ']iut:qr"ri"*r""",i",'ll"*struction, or modificatrons to the access;#ilT:j;il: ""t0" uoru-"-o' tr"rnl r-"',#"rr;ili:""".s shau be requested for by means ora2.
fl:Tlffi:"j,,,1,r.J:1"jffittflii,:1i,::y*","rproperty, the Highway 6 access shau be crosed3' The traflic limitations listed on the face of this permit shalr be adhered to. The traffic vorumes are risted
in Design Hollr-v.oru*{ronni .,p1o. eu".1s" 6;; ilp. (ADT) where entering the site and;Hi",:::Hffi"Hfit"H*':;;,i:f ;'fi; il"'"'""*; srra, ue ualus,.i'i".,.r,i"res ronger than4'
*il::':"^[,i#r"#:::::Hl;ff:j:j'ginning construction. rhe forrowing items are required
("
8ff::*te of Insurance Liabilitv as per Sectio n2.3(11)(i) of the State Highway Access(2) Traffic control Plan in accordance with Section 2.4(6) of the Access code.s'
E"m;m,:""::t:ffi1ffi;::,'^t::,ih,{l to accommodate the minimum turning radius oflocatlilsdiction. 'er ls grcater' oR curb, gutter, and radii to tl," ."quirements of the6' An l8-inch minimum culvert with protective end treatments ,nuy. T required for this access. Theculvert sha, be kept free "rur""t"i"lo maidain o.r* nr* and drainage.7 ' The access shall
^be
c-onsP"'".d perpendicular to the travel lanes of the State Highway for a minimumdistance of 40 feet from the
"ag" #-"a*"y
". ,t " igir-"ii", rine, whicheu"i i, g."ur"r, and sha,slope down and
lway rt"t tr'""'a.i"""",, pavement .as'" "i" rate of 2o/"g.ua" ro. u-.iini,nu. of 20 feet.
If curb and gutter are present' theilope shall be .i.r?""i r."* pan rine to pan rine. Any revisions tof:ilTlixlffi:'r',iffi#n*ffi".,*"nr review uia uip.o,ur prio*o
"o,,,.n"n"ement orany8' Pursuant to section 4.!0.2of the Access code, the access roadway sha, ndt exceed a8 percent within the highwav;;;;;;"r, as measured 50 feet *Irn9 th" puu",n"niTff:Tr grade of
ff :Hffi ::'l:,ilffi:;#i*jJtt:,:T#X#j,iTpailbedesigri;,"J"",,,-c,edin
9' slopes shall be at a 6: l ratio on the roadway and a 6: I ratio on the approach.l0' The access shall be surfaced in accordanc.e with Section 4.7 of the Access code immediately uponcompletion of earthwork .onrr*",ion inA ,rio. ," ,.".
-
n ir-a"""ss-st att be hard ,u.fu""o in accordancewith Section 4'7 of the et"ttt coJJ"iiri.r- orri*"" "i+i"t rro.n the travered way. where thex1:*tri?::I;};!1il?**x;ii,t"";;;1;5;,nffi#sha,,be,";;";;;;.moye!a
:i"J,:[i:TJ"*,i:n1,H:";if; fjJg.",?,ilTilJTil11;]:fiX'1i1ffi:*1X1",:]i::[?1fi:
I I. Ifthe access has a rr"re.ri ,"r,;ffifft:t lll"lil;tll:::"d'nn' be set back far enough from the highway so that theway when rhe gate is closed. o-- '-r
STATE HIGHWAY ACClssued to Don Ziegler
TERMS AND CONDTTTONS (cont.)
26' No drainage from this site shall enter onto the State Highway travel lanes. The permittee is required todetain all drainage in excess "irri.r".ilin;;;;;;?'#?*"n,rution on site. A, existing drainasestructures shall be extended' mooinei or upgraded, as appticuute, to accommoaut"uit new constructiJnand safetv standards, in ac"o.durc; il,[b;;;;.rl,l'liiro*o speci fi cations.27. When it is necesr
r*at:r[*.$**ll,* "**i'14::::ii*::,*:,ffi *#r.*T**ffi :::Tremoved shall be returned to the Departil;1",.0t"""'t slacking of the remaining r"*". All materials
28' It is the responsibility of the Permittee to-prevent all rivestock from entering the State Highway right-of-;31#Jti:,il:?#1#;,#, ri"""o"[ ,nu, ao", .n,",lt?r,i*r,*ay righror-way sha, be the sore
29' Landscaping shallnot ob:rylt sight distance-at any state Highway access point. In the event theiTl:TJtrn?ffi ;]'l;3';1g;".:':1;'f ;;:i,11'Jf[:fu**Departmentmayrequirethatir
30' on-premise and off-premise signing shall comply with the current colorado outdoor Advertising Act,sections 43-1401 to-.421'c'n'S', "iJ"iirut" ir"a ."gri"iir* pe.taining to outdooi"dvertising. preasecontact (advertising inspector nut" una- n*u"rl r". i"v [1"r"rt1". regarding advertising d.evices.
" ,ud:l-"*letion of the access' the applicant shail notifu the Access Manager by certified mair within
Colorado Department of Transportation
l-"-Sign 3 - Access Manager
222 South 6,h Srreet, Room 100
Grand Junction, Colorado g l50l
o
ESS PERMTT #303196 September g, 2003
a
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DENVER, CO 80230_6928 ii*{6jlL'o'i,,,, anc}lll5locv
PWS ID
FEE STAMP
LA8 106 (07/97)
BY
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