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HomeMy WebLinkAbout5.0 PC Staff Report 06.12.1996REQUEST: PROJECT INFORMATION AND STAFF COMMENTS Sierra Bluffs Filing #2 Subdivision Preliminary Plan Wayne & Wanda Cooley High Country Engineering APPLICANTS: ENGINEERS/PLANNERS: LOCATION: SITE DATA: WATER: SEWER: ACCESS: EXISTING ZONING: ADJACENT ZONING: PC 6/12/96 Located in a portion of Section 22 and 22 T6S. R92W; located approximately three (3) miles south of the Town of Silt. 38.54 acres Community System I.S.D.S. County Road 331 and private access easements platted with the Sierra Vista Ranch. A/R/RD A/R/RD I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject property is located partially in District C - Rural Areas/Minor Environmental Constraints as shown on the Garfield County Comprehensive Plan Management Districts Map. II. DESCRIPTION OF THE PROPOSAL A. Site Description: The property is located south of Silt, in the lower reaches of Dry Hollow Creek, south of Weible Peak. Elevations range from 5600 to 5800 feet. The site is undeveloped, and in native vegetation. A vicinity map is shown on the enclosed plan map. B. Project Description: The proposed subdivision is a "resubdivision" of Lot 11 of the Sierra Vista Subdivision, approved in 1980, and amended in 1983. The 1983 amendments did not affect this portion of Sierra Vista Ranch subdivision. All parcels created in 1980 exceeded 35 acres in size, and did not require any subdivision review. A sketch plan was submitted to the Planning Commission in September of 1994 and a Preliminary Plan was submitted to the Planning • • Commission in June of 1995 and withdrawn after the Planning Commission completed their review to resolve water problems. It is proposed to split the 38.58 acre site into four (4) single-family lots ranging in size from 9.094 to 9.786 acres in size. The community water supply system from the adjoining Sierra Pinon subdivision will be used to serve lots in the proposed subdivision, with the addition of a 6000 gallon storage tank. Sewage disposal will be treated through conventional ISDS. Access will be provided at two points from Alta Vista Road, which was platted as a part of the 1980 Sierra Vista plat. All roads will be designed to meet the Garfield County Subdivision Regulation semi -primitive road standard, which was established for developments with 2 to 10 dwellings. A blue -line of the Preliminary Plan of the proposed subdivision included with this report. IV_ REVIEW AGENCY COMMENTS 1. Division of Water Resources: The Division responded to the original application for individual wells and had a positive response, based on the use of domestic wells. The Division has never responded to the Sierra Pinon subdivision water system as a part of the subdivision review process. They were a part of the review of the augmentation plan that was approved for the Sierra Pinon subdivision. 2. South Side Soil Conservation District: The District has responded to the previously to the application, and his concerns regarding revegetation and wildlife impacts (see letter on page Gb ). 3. Colorado Department of Health: The Department of Health has not responded to the application. 4. Colorado State Geologist: The State Geologist had the following comments during the previous application: (See pg. 7 ) A. The Wasatch formation, which underlays the entire site, is highly erodible, and on steeper slopes, subject to mass slope movements(i.e. landslides, slumps and rockfall). B. Each lot should have an engineering geologist review and prepare recommendations prior to construction. Engineered ISDS may also be necessary. IV. MAJOR ISSUES AND CONCERNS A. Comprehensive Plan/Zoning Compliance The 1984 Comprehensive Plan gives little guidance regarding subdivision design in rural areas. The proposed layout includes large -lot design, consistent with the rural character of the are and absence of central sewer. All of the lots meet the two (2) acre minimum lot size of the A/R/RD zone district. • • B. Soils/Topography: The applicant has provided a summary of geologic constraints in the site, including "steep slopes, expansive soils and structurally weak soils". As a part of that application the applicant has suggested the following plat note: "A site specific geotechnical report, prepared by a registered engineer licensed by the State of Colorado, is required for all structures, including sewage disposal systems, prior to the issuance of a building permit or an individual sewage disposal system permit." Staff would suggest that this be a condition of approval. C. Road/Access: The project proposes two (2) points of access from Alta Vista road, platted in 1980 and connecting to County Road 331 (Dry Hollow). road profiles call for a 50' ROW with the semi -primitive road design with two (2) eight foot aggregate surfaced lanes. Staff notes that the soils on the property make road access and maintenance difficult on the site. In addition, staff would suggest that the 60' ROW remain, due to the potential for further resubdivision of lots that could utilize the same access. Road B needs to have a more different name for addressing purposes, to avoid confusion in the future with other roads in the County. D. Fire Protection: No letter has been provided by the Silt Fire Department. E. Water: As noted previously, the proposed water supply is a community water system developed initially for the adjacent Sierra Pinon subdivision. As a part of the final plat approval for the Sierra Pinon subdivision, an augmentation plan and pump test were submitted as a part of the application. (See enclosed pgs. _ 15 •_1_,) The augmentation plan was approved for 18 dwellings, along with other water uses. The Sierra Pinon subdivision has 14 platted lots, leaving the remaining four (4) lots available for the Sierra Bluffs #2 subdivision. The applicant's engineer has submitted documentation regarding the physical c n-a}'ility of the existing system to meet the needs of this subdivision. (See pgs. Z. z There is no proposed method of combining responsibility for ownership and maintenance of the system between the present owners in the Sierra Pinon subdivision and the future owners of the lots in the Sierra Bluffs #2 subdivision. Staff would suggest that the lots in the Sierra Bluffs #2 subdivision become members of the Sierra Pinons homeowners association, at least in terms of the ownership, maintenance and repair of the water system. F. Wastewater: Sewage disposal will be handled by ISDS. Section 4.92 requires that evidence of the result of soil percolation tests and produce excavations to determine maximum seasonal ground water level and depth to bedrock shall be provided." The original application included percolation tests on lots 1, 2 and 4. Two of these tests exceeded 60 minutes per inch, requiring engineered systems. Staff would suggest a plat note requiring engineered ISDS for all lots. G. Adjacent Property Owners: A letter of oppositionass bmitted during the last preliminary plan review and is included on page ,3. • • H. Town of Silt: The Town of Silt has responded to the application previously and had concerns regarding the County's plans regarding road conditions. (See pg. 1�1 VI. SUGGESTED FINDINGS A. That the proper publication, public notice and posting were provided as required by law for the hearing before the County Planning Commission; and B. That the hearing before the County Planning Commission was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that hearing; and C. That the proposed subdivision of land is in general compliance with the recommendations set forth in the Comprehensive Plan for the unincorporated area of the County; and D. That the proposed subdivision of land conforms to the Garfield County Zoning Resolution; and E. That all data, surveys, analyses, studies, plans and designs as are required by the State of Colorado, and Garfield County, have been submitted and, in addition, have been found to meet all requirements of the Garfield County Subdivision Regulations. IV. RecommendMlinn That the Planning Commission recommend approval, subject to the following conditions of approval: 1. All representations of the applicant, either within the application or stated at the public hearing with the Planning Commission, be considered conditions of approval. 2. The applicants shall either establish a Homeowners Association and shall be incorporated in accordance with the requirements of Colorado Revised Statutes that is a part of the Sierra Pinons Subdivision homeowners association or create a homeowners association that has a legally binding relationship with the Sierra Pinons subdivision for the provision of water to the lots in the Sierra Bluffs #2 subdivision, prior to Final Plat approval. Additionally the Homeowner's Association shall be responsible for water contract, well maintenance, road maintenance and snow removal. The articles of incorporation and restrictive covenants shall be reviewed by County Staff prior to the approval of a Final Plat. 3. The applicants shall prepare and submit a Subdivision Improvements Agreement, addressing all improvements, prior to recording a final plat. 4. The applicants shall submit improvement plans for all road, drainage and utility improvements prior to the approval of a final plat, including a different road name for the road known as "Road B". 5. All cut slopes created during construction shall be revegetated with native grasses using certified weed -free seed. 7. The applicants shall pay $200 per lot in school impact fees prior to approval of the final plat. 8. All roadways shall be designed and constructed in conformance with design standards set forth in the Subdivision Regulations and in place at the time of final plat. 9. Only one (1) dog will be allowed for each dwelling unit to protect adjacent agricultural uses. Kennels shall be required, and language ensuring compliance shall be enforced through the covenants. 10. The plat include the following plat notes: A. No open hearth solid fuel burning devices will be allowed within the Sierra Pinon Subdivision; B. All dwelling units will be allowed an unrestricted number of natural- gas burning fireplaces or appliances; C. All dwelling units will be allowed not more than one (1) new wood burning stove as defined by C.R.S. 25-7-401, et. seq. and the regulations promulgated thereunder. D. A site specific geotechnical report, prepared by a registered engineer licensed by the State of Colorado, is required for all structures, including sewage disposal systems, prior to the issuance of a building permit or an individual sewage disposal permit. E. All property in this subdivision are subject to oil and gas leases that may result in oil and/or gas drilling activity on the property at a future date. F. All construction should be consistent with the Colorado State Forest Service guidelines for construction to minimize damage from wildfire. 11. That a deed restriction be developed that prohibits further subdivision of the lots in this subdivision. • • SOUTH SIDE SOI I, CONSERVA'T'ION DISTRICT P.O. BOX 1302 GLENWOOD SPRINGS, CO 81601 August 29, 1994 Dave Michaelson Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Dear Sir, At the regular monthly meeting of the South Side Soil Conservation District, the Board reviewed the application and plan for the Sierra Bluffs Subdivision and have the following comments and concerns about the project. Any cuts for roads or construction should be revegetated to prevent erosion. Weed free seed and mulch should he used for any reseeding of the area. Monitoring of all seeding should be done to see if the grass is establishing or if weeds are becoming a problem. Reseeding or weed control practices should be implemented if a problem is noticed. The board is always concerned about animal control in an area where there is the potential for conflict between wildlife or domestic livestock and does from the subdivision. Dogs running in packs of two or more can maim or kill domestic livestock and wildlife. The District reco►nmends animal control regulations be adopted in the covenants for the subdivision and that they be enforced. Sincerely, J John Sample, President South Side Soil. Conservation District COIORAI)() (;1 O1 O(;ICAI SIM VI Y I )1k ',hull 111 f.luu•I.II•. mid I ,,11n);v I ),11.111111,111 1 d '1,11111.11 I:,•.1111It 111 1 '1111'1 111011 .l •t 1:1,11111 !I'. 11.11\,,1, 1 111111.111.i 711'11 1' 111111, 1 11) 41 :1111, .' 11 1 I 1 \\ ( It) 1) 11111 .' 11,1 • ST/\TE OF LOLOKADO - j , \-\i/ -F-71 — -\ -I March 31, 1995 GA -95-0009 Mr. Dave Michaelson Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, Colorado 81601 () NATURAI 1ZESOURCE IZt,' I<tntit•r (.1 1\9.1111,, ',mit, S. 11)111111'4d 1 >"1 uhvt' 1)ir1.4( 111/ MI( it t 11 1t,ltl; 1 )trlv11n 1)11(.1 for Vu kt 1 n•.\drl ',1.114, 1, •1 t11ogy.1 .11111 I )ur, 1111 Re: Proposed Sierra Bluffs Subdivision -- Ca. 3/4 Mi South of the Intersection of C.R. 311 and C.R. 331, Nr. Silt, Garfield County Dear Mr. Michaelson: At your request and in accordance witgh S.11. 35 (1972), we have reviewed the materials submitted for and made a field inspection of the site of the proposed residential subdivision indicated above. '1 he following comments summarize our findings. (1) The geologic conditions in this subdivision area are essentially identical to those in the Sierra 1'Inon subdivision to the north of this one, the proposal for which we reviewed in our correspondence of March 8 (copy attached). The recommendations made in the earlier review apply equally to this parcel as the lot sizes are comparable as are the geologic constraints to development. (2) The significant geology -related differences between this proposed subdivision and the comparison case are mostly related to slope and slope (in)stability. Parts of proposed Lots 5, 6, and 7, are very steep and will present difficult access and/or construction problems for these lots. Construction costs are apt to be relatively high for these Tots compared to those for other Tots in this subdivision or the comparison case. We recommend that you approve this subdivision only if the recommendations made in the referenced prior correspondence are made conditions of approval of it. Sincerely, Imes M. Soule Engineering Geologist encl. • • DISTRICT COURT, WATER DIVISION NO. 5, STATE OF COLO Case No. 95CW057 1 JAN RULING OF REFEREE IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF: BARTON PORTER IN GARFIELD COUNTY, COLORADO The above -entitled Application was filed on March 30, 1995, amended and referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court, in accordance with Article 92 of Chapter 37, Colorado Revised Statues 1993, known as the Water Rights Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Amended Application are true and having become fully advised with respect to the subject matter of the Amended Application does hereby make the following determination and Ruling as the Referee in this matter, to wit: 1. The statements in the Amended Application are true. 2. Name, address and telephone number of Applicant: Barton Porter 2571 Road 314 New Castle, CO 81647 (303) 984-2790 c/o Billie Burchfield - #19325 Attorney for Applicant 802 Grand Avenue, Suite 305 Glenwood Springs, CO 81601 (303) 945-8818 3. No Statements of Opposition have been filed in this the Statutory time for filing Statements of Opposition has 4. Applicant has requested that the following claims be by the Court: Case and expired. approved • • FIRST CLAIM 1. Name of structure: Sierra Pinyon Well No. 1 2. Legal description of point of diversion: Said well is located in the NE% NA of Section 22, Township 6 South, Range 92 West of the 6th P.M., at a point 1202 feet from the North section line and 1563 feet from the West Section line of said Section 22. Said location of well being more particularly described as follows: commencing at the north quarter corner of said Section 22, a brass cap in place; Thence South 41° 15' 16" West 1606.27 feet to Well No. 1. 3. Source: A. Said well is tributary to Dry hollow Creek, tributary to the Colorado River. B. Depth: 120 feet 4. A. Date of appropriation: June 9, 1994. B. How appropriation was initiated: By intent to develop subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 15 gpm (0.033 c.f.s.), conditional 6. Well Permit No. 178797 was issued as an exempt well. New well permit has been applied for which will replace No. 178797. Sierra Pinyon Well No. 1 has received Denial No. AD -13695 from the Office of the Colorado State Engineer. 7. Proposed use: In conjunction with other wells, domestic in -house use in eighteen (18) single family dwellings, the watering of 54 head of livestock and the irrigation of 2.4 acres of home lawns and gardens. 8. Name and address of owner of land on which well is located: Applicant Page 2 Case No. 95CW57 Porter • • SECOND CLAIM 1. Name of Structure: Sierra Pinyon Well No. 2. 2. Legal description of point of diversion: Said well is located in the NEWW% of Section 22, Township 6 South, Range 92 West of the 6th P.M., at a point 977 feet from the North Section line and 2503 feet from the West section line of said Section 22. Said location of well being more particularly described as follows: Commencing at the north quarter corner of said Section 22, a brass cap in place; Thence South 07° 04' 56" West 984.20 feet to Well No. 2. 3. A. Source: The source of the water is tributary to Dry Hollow Creek, tributary to the Colorado River. B. Depth: 150 feet 4. A. Date of appropriation: June 9, 1994. B. How appropriation was initiated: By intent to develop subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 30 gpm (0.066 c.f.s.), conditional 6. Well permit No. 178789 was issued as an exempt well. New well permit has been applied for which will replace 178798. Sierra Pinyon Well No. 2 has received Denial No. AD -13696 from the Office of the Colorado State Engineer. 7. Proposed use: In conjunction with other wells, domestic in -house use in eighteen (18) single family dwellings, the watering of 54 head of livestock and the irrigation of 2.4 acres of home lawns and gardens. 8. Name and address of owner of land on which well is located: Applicant. Page 3 Case No. 95CW57 Porter -/0 • • • THIRD CLAIM 1. Name of Structure: Sierra Pinyon Well No. 3. 2. Legal description of point of diversion: Said well is located in the SW; SW'-, of Section 15, Township 6 South, Range 92 West of the 6th P.M., at a point 230 feet from the South Section line and 4400 feet from the East Section line of said Section 15. 3. A. Source: Said well is tributary to Dry Hollow Creek, tributary to the Colorado River. B. Depth: 150 feet 4. A. Date of appropriation: June 9, 1994. B. How appropriation was initiated: By intent to develop subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 15 gpm (0.033 c.f.s.), conditional 6. Well Permit No. 176762 was issued as an exempt well. New well permit has been applied for which will replace 176762. Sierra Pinyon Well No. 3 has received Denial No. AD -13697 from the Office of the Colorado State Engineer. 7. Proposed use: In conjunction with other wells, domestic in -house use in eighteen (18) single family dwellings, the watering of 54 head of livestock, and the irrigation of 2.4 acres of home lawns and gardens. 8. Name and address of owner of land on which well is located: Applicant. Page 4 Case No. 95CW57 Porter 1 • FOURTH CLAIM 1. Name of Structure: Sierra Pinyon Ditch, Pump & Pipeline. 2. Legal description of point of diversion: The headgate of said ditch will be located at a point 1500 feet from the west section line and 1150 feet from the North Section line of Section 22, Township 6 South, Range 92 West of the 6th P.M. 3. Source: The source of the water is from Dry Hollow Creek, tributary to the Colorado River. 4. A. Date of appropriation: March 23, 1995. B. How appropriation was initiated: By field investigation with an engineer and an intent to appropriate for storage purposes and to augment well for a subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 1.0 c.f.s., conditional 6. Proposed use: storage, irrigation, piscatorial, livestock watering, wildlife watering, fire protection, augmentation and exchange purposes with the right to fill and refill in priority. 7. Name and address of owner of land on which ditch is located: Applicant. Page 5 Case No. 95CW57 Porter r • • FIFTH CLAIM 1. Name of Structure: Sierra Pinyon Pond No. 1. 2. Legal description of place of storage: The center of said pond will be located at a point 1350 feet from the west section line and 1000 feet from the north section line of Section 22, Township 6 South, Range 92 West of the 6th P.M. 3. Source: The pond is filled from snowmelt and surface runoff and from Dry Hollow Creek via the Sierra Pinyon Ditch, Pump and Pipeline. The water is tributary to Dry Hollow Creek, Tributary to the Colorado River. 4. A. Date of appropriation: March 23, 1995. B. How appropriation was initiated: By field investigation with engineer and an intent to appropriate for storage purposes and to augment wells for subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 7 acre feet (AF), conditional. 6. Proposed use: irrigation, domestic, livestock watering, wildlife watering, piscatorial, fire protection, augmentation and exchange purposes with the right to fill and refill in priority. 7. Surface area of high water line: 1.0 acre Maximum height of dam: 15 feet Length of dam: 250 feet 8. Total capacity of reservoir in acre feet: 7.0 AF 9. Name and owner of land on which structure is located: Applicant Page 6 Case No. 95CW57 • • SIXTH CLAIM 1. Name of structure: Sierra Pinyon Pond No. 2. 2. Legal description of place of storage: The center of said pond will be located at a point 1500 feet from the west section line and 1000 feet from the North Section line of Section 22, Township 6 South, Range 92 West of the 6th P.M. 3. Source: The pond is filled with snowmelt and surface runoff and from Dry Hollow Creek via the Sierra Pinyon Ditch. The water is tributary to Dry Hollow Creek, tributary to the Colorado River. 4. A. Date of appropriation: March 23, 1995. B. How appropriation was initiated: By field investigation with engineer and an intent to appropriate the water for storage purposes and to augment wells for subdivision. C. Date water applied to beneficial use: N/A 5. Amount claimed: 7.0 AF, conditional. 6. Proposed use: Irrigation, domestic, livestock watering, wildlife watering, piscatorial, fire protection, augmentation and exchange purposes with the right to fill and refill in priority. 7. Name and address of owner of land on which pond is located: Applicant and Alice Jungjohann. Page 7 Case No. 95CW57 Porter IP /VIP • • SEVENTH CLAIM PLAN FOR AUGMENTATION STRUCTURES TO BE AUGMENTED: Sierra Pinyon Well Nos. 1 - 3. Sierra Pinyon Ditch, Pump and Pipeline Sierra Pinyon Pond Nos. 1 and 2. USES TO BE AUGMENTED: Applicant's engineer has determined that the annual depletions as a result of the irrigation of 2.4 acres of home lawns and gardens will total 4.152 acre feet based on a consumptive use factor of 1.73 AF/A. The annual evaporation losses from April through October on the surface of the ponds is calculated to be 2.54 ft per surface acre. The domestic consumptive use in eighteen (18) single family residences is calculated to be 0.72 acre feet per year based on an average occupancy of 3.5 persons per dwelling utilizing 100 gallons per day per person and assuming 10% consumptive use through individual septic tank and leach fields. Livestock depletions are based on 10 gallons per day per head and a 100% consumptive use factor. It has been calculated that the depletions resulting from Applicant's diversions will occur according to the following schedule: TABLE 1 All units in Acre Feet (AF) Depletions Month Domestic Irrigation Livestock Pond Evap. Total (18 units) (2.4 Acres) (54 head) (2 surface Acres) Jan 0.063 0.05 0.113 Feb 0.063 0.05 0.113 Mar 0.063 0.05 0.113 Apr 0.063 0.288 0.05 0.352 0.753 May 0.063 0.528 0.05 0.646 1.287 Jun 0.063 0.768 0.05 0.940 1.821 Jul 0.063 1.080 0.05 1.321 2.514 Aug 0.063 0.840 0.05 1.028 1.981 Sep 0.063 0.504 0.05 0.617 1.234 Oct 0.063 0.144 0.05 0.176 0.433 Nov 0.063 0.05 0.113 Dec 0.063 0.05 0.113 Totals 0.756 4.152 0.60 5.080 10.588 Page 8 Case No. 95CW57 Porter 410 • • SOURCES OF AUGMENTATION WATER: Applicant's engineer has determined that Applicant can be expected to fill Sierra Pinyon Pond Nos. 1 and 2 each and every year during the winter and spring run-off season when senior priorities are not "calling" for water. At such times as Applicant's diversions for the uses shown in Table 1 above would be otherwise out -of -priority, Applicant will cause to be released from Sierra Pinyon Pond Nos. 1 or 2 the amounts of water as shown in Table 1 above. 5. The Referee, having examined the information submitted by the Applicant, and having completed the investigations necessary to make a determination in this matter, does therefore conclude that the above entitled Amended Application should be granted and that the above-described claims should be and hereby are approved as requested; SUBJECT, HOWEVER, TO ALL EARLIER PRIORITY RIGHTS OF OTHERS, and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. 6. Application for a Finding of Reasonable Diligence shall be filed in the same month as the decree herein is entered every six years after the entry of the Decree herein so long as Applicant desires to maintain the conditional water right herein awarded, or until a determination has been made that such conditional right has been made absolute by reason of the completion of the appropriation, or is otherwise disposed of. 7. The Plan for Augmentation requested will not injuriously affect the owner of or person entitled to use water under a vested water right or a decreed conditional water right, and the Plan for Augmentation is hereby granted and approved in accordance with C.R.S. 1973, 37-92-305(3) and subject to the Court's retained jurisdiction. 8. Applicant shall install such measuring devices as deemed necessary by the Division Engineer to administer this plan. 9. Once Sierra Pinyon Pond Nos. 1 and 2 are constructed, fully operational, and capable of providing the augmentation water described in this Ruling, the State Engineer shall issue well permits for Sierra Pinyon Well Nos. 1, 2 and 3 as described above and subject to the provisions of this Ruling. 10. Pursuant to C.R.S. 37-92-305(8), The State Engineer and the Division Engineer may lawfully be required under the terms of this Ruling to curtail out -of -priority diversions from Applicant's wells and ponds at any time when the consumptive use associated with Applicant's diversions exceed the net amount of replacement water available under this Plan for Augmentation. Page 9 Case No. 95CW57 Porter • • 11. Applicant shall develop a monthly accounting form satisfactory to the Division Engineer. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State Engineer. Dated l,6 1(1 c °(1.(c. tAk - //-/6 �f. BY TH . F _• E: Water Referee Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court: provided however, that the approval of the Plan for Augmentation shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing prior to 50% build -out of the above described development. The Court shall have continuing jurisdiction for a period of five (5) years up until and after 50% build -out of the above described development. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OF REASONABLE DILIGENCE SHALL BE Dated Water Judge Page 10 Case No. 95CW57 Porter • ttl5 11. Applicant shall develop a monthly accounting form satisfactory to the Division Engineer. It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject to Judicial review. It is further ORDERED that a copy of this Ruling shall be filed with the appropriate Division Engineer and the State 1( Engineer. Dated • l y/,/6 l f Water Referee Water Division No. 5 State of Colorado No protest was filed in this matter. The foregoing Ruling is confirmed and approved, and is made the Judgment and Decree of this Court: provided however, that the approval of the Plan for Augmentation shall be subject to reconsideration by the Water Judge on the question of injury to the vested rights of others during any hearing commencing prior to 50% build -out of the above described development. The Court shall_ have continuing jurisdiction for a period of five (5) years up until and after 50% build -out of the above described development. THE MONTH FOR FILING AN APPLICATION FOR A FINDING OF REASONABLE DILIGENCE SHALL BE `7Oo Z Dated Page 10 Case No. 95CW57 Porter 41/ Water Judge • 1 PRELIMINARY PLAN SUBMITTAL SIERRA BLUFFS - FILING 2 Site Description Sierra Bluffs - Filing 2 is located South of Silt, in the lower reaches of Dry Hollow Creek, south of Weible Peak. Elevations range from 5600 to 5800 feet. The Site is currently undeveloped, and in native vegetation (Please see attached soils report). A vicinity map has been included on the cover sheet of the construction plans. Project Description The proposed subdivision is a "resubdivision" of lot 11 of Sierra Vista Subdivision, approved in 1980, and amended in 1983. The amendment did not affect this portion of the Sierra Vista Ranch subdivision. All parcels created in 1980 exceeded 35 acres in size, and did not require any subdivision review. The sketch plan for Sierra Bluffs was submitted for review to the Planning Commission in September of 1994. Sierra Bluffs was previously submitted and approved as a Preliminary Plan by the planning commission in May, 1995. This previously approved project was the same as the current submittal with the exception of Water System. The project is being resubmitted at the Preliminary Plan stage due to the lengthy time period since the original approval. The subdivision plan proposes splitting the 38.58 acres into 4 (four) single-family Tots ranging in size from 9.09 to 9.99 acres in size. Average lot size will be approximately 9.64 acres. Water Service The project will be served by a community water system. The proposed 6000 gallon tank located on Lot 1 will be supplied via a 4" C900 PVC pipe ran from the existing water system that is supplyingwater for the 14 lots within Sierra Pinyons subdivision. The wells located in y the Sierra Pinyons project have both passed 24 hour well test, and appear to have adequate capacity to accept an additional 4 lots. This change to the water system was recommended by the P&Z commission at the previous approval. Water will be provided to the lots via a 4" C900 pvc water distribution system. The size of the distribution line meets the requirements set forth by the Garfield County regulations. Individual water services will be provided off of the distribution line. • • Sanitary Sewer Service Sanitary sewer service will be provided by Individual Sewage Disposal Systems (ISDS). Individual perc test on each lot will be required for building permit. Soils/Topography Attached please find a copy of the pertinent soils information for the project. We would also suggest that a site specific geotechnical report, prepared by a registered engineer licensed by the State of Colorado be required for all structures, including sewage disposal systems before issuance of a building permit or an individual sewage disposal system permit. Road/Access The project proposes two (2) points of access Alta Mesa Road. The distance between the access points is approximately 1250 I.f. Both access points were existing prior to this resubdivision, and the 60' easements they will utilize were platted with the Sierra Vista subdivision. All roads will be designed to meet the Garfield County Road Standards for Semi -Primitive Roads. Drainage A separate drainage study has been included with this submittal. Electric/Telephone Electric service will be provided by Iloly Cross Electric and phone service will be provided by U.S. West. 420 • /GI -1 OUNTRY NG/NEER/NG • • WATER LINE EASEMENT DESCRIPTION LOT 15, SIERRA VISTA RANCH A 20.00 FOOT WIDE STRIP OF LAND SITUATED IN LOT 15 OF SIERRA VISTA RANCH AS SHOWN ON THE PLAT RECORDED AS RECEPTION NO. 302518 IN THE GARFIELD COUNTY CLERK AND RECORDER'S OFFICE, BEING IN A PORTION OF SECTION 22, TOWNSHIP 6 SOUTH, RANGE 92 WEST OF THE 6th PRINCIPAL MERIDIAN, COUNTY OF GARFIELD, STATE OF COLORADO; SAID STRIP OF LAND BEING 10.00 FEET TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22, AN IRON POST WITH A GARFIELD COUNTY SURVEYOR BRASS CAP FOUND IN PLACE; THENCE S 74°03'58" E 3081.12 FEET TO THE NORTHEAST CORNER OF SAID LOT 15; THENCE S 51°48'49" W 26.64 FEET ALONG THE NORTHERLY LINE OF SAID LOT 15 TO THE TRUE POINT OF BEGINNING; THENCE THE FOLLOWING TEN (10) COURSES ALONG THE CENTERLINE OF SAID 20.00 FOOT WIDE WATER LINE EASEMENT; 1) S 05°51'41" E 107.12 FEET; 2) S 00°00'00" W 440.06 FEET; 3) S 29°41'52" W 149.64 FEET; 4) S 15°28'30" E 89.53 FEET; 5) S 39°18'25" E 69.16 FEET; 6) S 00°34'24" E 135.02 FEET; 7) S 17°22'22" W 74.78 FEET; 8) S 01°11'16" E 201.79 FEET; 9) S 16°27'56" E 81.96 FEET; 10) S 00°00'00" W 98.68 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 15, THE POINT OF TERMINUS (WHENCE THE NORTHWEST CORNER OF SAID SECTION 22 BEARS N 52°31'10" W 3720.87 FEET); SAID STRIP OF LAND CONTAINING 0.665 ACRES, MORE OR LESS. •AO 923 Cooper Avenue • Glenwood Springs, CO 81601 Telephone: (970) 945-8676 • FAX: (970) 945-2555 • 1 "Protect your most valuable possession -WATER" Colorado Water Rights Analyst Registered Professional Engineer RAY D. WALKER, P.E. • 3125 Highway 13 • Rifle, Colorado 81650 • Phone: (970) 625-3260 February 14, 1996 Barton Porter 2571 Road 314 New Castle, CO 81647 Dear Barton, On February 9, 1996, your well system was pumped for 24 hours to determine the quantity of water that can presently be pumped from your two existing wells and stored in your existing storage tank. The two wells involved are Sierra Pinyon Well No. 1 and Sierra Pinyon Well No. 2. Sierra Pinyon Well No. 1 is decreed in Case No. 95CW57 as being in the NE: NW; of Section 22, Township 6 South, Range 92 West of the 6th P.M., at a point 1202 feet from the North Section line and 1563 feet from the West Section line of said Section 22. Sierra Pinyon Well No. 2 is decreed in Case No. 95CW57 as being in the NE1/2 NW ; of Section 22, Township 6 South, Range 92 West of the 6th P.M., at a point 977 feet from the North section line and 2503 feet from the West section line of said Section 22. The storage tank is located in Section 22, Township 6 South, Range 92 West of the 6th P.M., at a point approximately 200 feet from the North section line and 2800 feet from the West section line of said Section 22. The storage tank is located approximately 200 feet in elevation above Sierra Pinyon Well No. 2. The tank is 13 feet in diameter and 33 feet tall with a maximum storage capacity of 32,747 gallons. Beginning at 5:00 P.M. on February 9, 1996, the following measurements and readings were taken: 02/09/96 Time 02/09/96 5:00 PM 11:30 02/10/96 12:05 AM 12:10 Sierra Pinyon Well No. 1 Static Level in feet 7 23.5 7:45 AM 7:52 32.3 2:35 PM 2:40 2:45 4:55 PM 5:00 5:05 34.83 36.33 02/11/96 8:30 AM 7.5 Sierra Pinyon Depth Well No. 2 water Static Level in tank in feet 57 75.83 85.92 93 95 69.17 gallons gallons in tank per minute .67 665 8.5 8434.8 15.5 15381 19 18854 20.25 20095 18.07 15.26 8.27 9.55 As indicated above, Sierra Pinyon Well Nos. 1 and 2 have presently physically provided 19,430 gallons of water in a 24 hour period. Future physical water yields of the system may depend on many factors such as the pumps and aquifer yields. During a normal 24 hour period, the 14 units and the livestock watering would require 5,320 gallons based on an occupancy of 3.5 persons per unit and 100 gallons per person per day. Livestock will require 10 gallons per head per day. A factor of 2.5 times the daily requirements for the in-house domestic use is considered adequate to support a development. The 19,430 gallons that were pumped into storage is adequate for the in-house domestic use in 14 units and the watering of 42 head of livestock. Page 2 • • It is my understanding that the existing system consists of a 1/2 horsepower pump in Sierra Pinyon Well No. 1 and 11/2 horsepower pump in Sierra Pinyon Well No. 2. The existing system will support only minimal outside irrigation. I recommend that meters be installed on all units. Please let me know if I need to clarify any of the above matters. Sincp%ly,�� Ray D. Walker P.E. Page 3 • • flai,:h lb, 1Uut, I'lanni 1 111 i 1 I ir i I II Lim)) I 109 0ti 51 jil , .5111 l.:s03 (-3 ei-mr.1011 :-;pr i Co I orado 11 I HO 1 RE: 1 r 1 Hltiffs We aro nol in tavor of glanting a Proliminary PILin approval for 1,-)i• ra11111.6. 11 .':;111,1 i v i i I; romt 1)11i'm vi) I .1' o r 1 hi73 75.02 ac: re 1.1a(:1 I o1 1 1 1 / 1 1 I I, lam' I 11())11 LI I I ()L.; W 1-1111 (.1 1 I 2...12 I 1 1) 111 11 11 iti 1) I : 1. Hn Ili o nildergronnd wit-( snpply, iti )te smith side of the Colorado haH I11V1.1 Ii ,1:;y LI fiHd good water 11 1 The aroo is yoar round opon spaoo for many speoies of wild life io: deer, hohoals, mountain lions, and coyotes and etc., when IiIit Ii ta(ing thoir spaoo they are going to look for now homo and adapting so Ihoy (!.111 `.:"1.1rViVe? - so they hecomo a "nnis.alloo". The -1 07 roads a ro no 1 1:flig i iloorr,1 for 1111,21i vy ti If , ca i rig saLoty s, driVi ;illy )11 I HI) 1:111111 I I ha t. are po L ed for t, mph spood limit any morning or evening will show the conoern or lho roads capabilities to handel more traffic. Also lho oonnly is having hndgol prohloms providing services wi(hout fnulhor growth. To restate ow- roasons not give ;--) provDI Sierra RI uFf: Subdivision of / singlo lamily lots is (hal. it would make too much of an impact un undorgrinind wator, wildlife, and services. We need Lo have a "limo out" as far -i5 molo siihdivisions are concerned, as it would appear that honsing doo:.: not pay enough taxes to support the :,,ervioos thoy roiniro/wanl. Sincerely, 1,) 0one andtHaly .1;,11.. Hangs 3/19:i (-0 111 t; oy,1 Itt Comm.