The URL can be used to link to this page

Browse Search

Home My WebLink About20021447.tiff OFFICE OF THE STATE ENGINEER 25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg.. 1313 Sherman St., Denver,Colorado 80203 (303)866-3581 698 WELL PERMIT NUMBER 238499 - - APPLICANT DIV. 1 WD2 DES. BASIN MD APPROVED WELL LOCATION WELD COUNTY SW 1/4 NE 1/4 Section 31 WILLIAM M WARD Township 3 N Range 66 W Sixth P.M. 12524 WCR 251/2 DISTANCES FROM SECTION LINES FT LUPTON, CO 80621- 2400 Ft. from North Section Line 2200 Ft. from East Section Line (303) 907-6662 UTM COORDINATES PERMIT TO CONSTRUCT A WELL Northing: Easting: t ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-92-602(3)(b)(I) and the policy of the State Engineer for appropriation of ground water tributary to the South Platte River system. 4) Approved as the only well on a tract of land of 3.25 acre(s)described as Lot-A of county exemption No. 1211-31-1-RE2235, Weld County, reference attached exhibit"A". 5) The use of ground water from this well is limited to drinking and sanitary facilities as described in CRS 37-92-602(1)(c), fora commercial business,Aspen Campers Incorporated. Water from this well shall not be used for lawn or landscape irrigation or for any other purpose outside the business building structure. 6) The maximum pumping rate of this well shall not exceed 15 GPM. 7) The maximum annual amount of ground water to be diverted by this well shall not exceed 1/3 acre-foot(108,600 gallons). 8) The total depth of the well shall not exceed 55 feet or the depth to the first confining clay/shale series,whichever conies first. 9) The return flow from the use of this well must be through an individual waste water disposal system of the non-evaporative type where the water is returned to the same stream system in which the well is located. 10) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all —diversionsuwst-be-maintai least-annually 'sion Engineerupon request. 11) This well shall be constructed not more than 200 feet from the location specified on this permit. 12) The use of this permit hereby cancels previously issued permit no. 210981 and 210981-A. 13) The old well registered as well permit no.210981 must be plugged in accordance with Rule 16 of the Water Well Construction Rules within ninety(90)days of completion of the new well. The enclosed Well Abandonment Report form must be completed and submitted to affirm that the old well was plugged. EXHIBIT 2002-1447 LC) APPROVED A KGR ILC a • • Receipt No. 0485220 State Engineer DATE ISSUED Q 7 By XPIRATION DATE 1AN 2004 -.. ..... ASPEN RV 12524�'4'.C.R.25 1;2 ............. .. ...... . ..... ... . ........................ FT. LC,PTON,CO 80621 Phone r 303)d59-5572 Fax(303)659_5751 www.hallmarkrv.com February 13,2002 To Whem It May Concern: The use by special review of apiculture land for commercial purposes other then agricultural related business,require that the well weather it is the existing,or a newly drilled well he classified as commercial. As per the office of the State of Colorado Engineer Division of Water Resources (see accompanying document)the well would be classified as"commercial exempt'.That is for drinking and sanitary purpose only, and not for above ground water. Following the recommendation from the office of the State of Colorado Engineer Division of Water Resources. We(Aspen Camper)have retained TZA Water Engineers Inc.to obtain the water augmentation plan necessary to water above ground to maintain the landscaping required by .-. the use by special review. Sincerely, / / iu Bill Tar • era a Toroth Aspen Campers Nov 14 01 01 : 03p T Water Engineers, Inc. 30x971 -0077 p. 2 )2 00 W.Cioxs Dr.•Ste 150 .]tiet or, L c:oradi, 80113 TeleptiFaniA, a: 302-971 0tclii (77 Persia il« 3G�-971-OC.i7 TZA Water Engineers, Inc. I:aJ.,Izr.).a.e,c,m Nov:inher14,2_00I Cali E. Floreth lialhuark Mfg.,Inc. 115G Brighton Road Brighton. CO g060I Re: Proposal for Water Resources Engineering Services Dear Craig: I enjoyed the opportunity to talk to you about your water supply issues. TZA Water Engineers, hnc. (TZA) is pleased to submit this proposal for providing water rights engineering services associated with obtaining a water supply for your new facility near Platteville. A description of the proposed scope of work, a budget estimate,and anticipated schedule is provided below. Scope of Work As we discussed over the telephone, we think that the most efficient way to meet your water augmentation needs would be through the plan administered by Central Colorado `.Mater Conservancy District (Central). We will begun by exploring that option. If Central cannot accept your well for some reason, it will be necessary to develop an independent augmentation plan. Based on our current understanding of the project,we propose to perletm the following scope of work. A. Identify the water requirements at your new facility. B. Discuss your water needs with Central representatives and determine if your well can be included in their plan. C. Provide assistance in identifying water rights that can be purchased for augmentation purposes. D. Assist in obtaining a new well permit and z water court decree for the well,and for an augmentation plan(:f necessary). Assist in obtaining permits from Weld County as recessary. E. Provide other consultation as requested by Hallmark. Budget Fees for the professional services provided by TZA will be charged in accordance with our standard rate schedule. A copy of our current rate schedule is attached. Invoices will be submitted monthly for the time and expenses incurred during the previous billing period. Payment is due within thiny days of the invoice date. Nov 14 01 01 : 04p TLER Water Engineers, Inc. 303-971 -0077 p. 3 TZA Water Engineers,Inc. • Rate Schedule Professional Services Hourly Rate Clerical $33.00 Draftsman/Technician 544.00 Assi start Engineer $58.00 Engineer $72.00 Senior Engineer $88.00 Principal Engineer $110.00 Expert Teslimony Hourly rate plus$25.00 per hour Reimbursable Expenses Mileage: Automobile $ 0.35/mile Off-road vehicle $ 0.45/mile Direct costs including subsistence, Actual Cost telephone,subcontract expense, transportation, equipment rental, and other miscellaneous job-related expenses Special equipment usage and maintenance Per Quotation hi-house computer time $10.00/hour FAX $0.50/page In-house reproduction charges $0.15'page Terms Invoices will he submitted monthly. Payment is due within thirty days of the invoice date. A late charge of 1-1/2 percent per month may be charged to accounts with balances overdue in excess of 30 days. Services may be discontinued if pavmen for any previous invoice is not received within 45 days of the invoice date,unless prior arrangements have been made. Ei'leclive 12.99 Nov 14 01 01 : 04p -2,4 Water Engineers, Inc. 303-971 -0077 p. 4 November 14,2001 Page 2 It is difficult to estimate in advance the amount of et7on that will he required en projects involving acquisition and approval of water rights changes. The level of effort required will depend on whether or not you need to develop an independent augmentation plan. the level of opposition to any needed water court applications, and the number of meetings and hearings we need to attend. Based on our experience with similar projects, we estimate that our-fees to complete the above described scope of work will be in the range of S4,000 to$6,000 if an agreement with Central can be reached. If such an agreement cannot be reached and it is necessary to obtain an independent plan for augmentation, our fees will likely he in the range of S8,000 to S 12,000. Changes to the scope of work may require an adjustment to this budget. Schedule TZA will initiate work on this project upon receiving authorization to proceed. We anticipate that a will take one to two years to complete the permitting and water court process. We are hopeful that an agreement with Central can result in relatively quick resolution of the well augmentation issue. TZA will not be responsible for delays caused by circumstances beyond its control. We appreciate the opportunity to submit this proposed agreement and look forward to working with you. You may indicate your acceptance of this proposal and provide authorization to proceed by signing a copy and returning it to us for our files. Please call if you have any questions,comments. or suggested changes to the scope of work. Sincerely, 6 7EI'TEI)BYi _ -- Bruce E. Kroeker,P-P. ]h 4f nc. President BEK,�edl tie anacl-mnent - — !_ G// Date prgwsard Ialhna6Ul-I.doc Nov 14 O1 O1 : O3p TZA Water Engineers, Inc. 3O3-871 -OO77 p.• 9200 W_Cross Dr) S:e 230 /1/4141\Y\ Colston, Co3O3-971-0030 O3.9 90023 '1'ZA Water Engineers, Inc. Facsimile :TA 9 i 1-0077 Facsimile: :TA 97 I-0U^; Fax Transmittal Date: November 14, 2001 From: Bruce Kroeker To: Craig Fioreth No. of Pages: 4 (w/cover) Faro 303-659-5754 Original to Yes, by mail Follow: Re: Copy To: Fax: Comments: Ibis'acsinvle transmission contains information heicnging to the sender which is con:ide:ria and intended only -�r the individual or entity to which it was sent as indicated above. If you have received Lois facsimile in error,please nctit'the office immediately by collect call and destroy this copy. Thank VOL. Feb 08 02 09: 52a T774 Water Engineers, Inc. 303-971 -0077 p. 2 1?/26/2001 10:00 30365 54 HALLMAPk .MFG PAGE 95 nNN/- -2021 11i.09 ,_Q11� WA 7E17 AE�/'n Tar E5 JL',. abc ±i7� -. _ ___ __ STATE OF COLORADO OfftCF OF THE STATE ENGINEER C;.4.06 of Wife,Resources e<eeaman,of hMu9l ReWUKe. I `S I,l ,$1,4*Mond Street.RO'n din •'4.. Oep: r., .Colorado 90703 •Q1 noon q03,de6-?Shc -- M),X.)19664569 rr owe,. xw`w.IM AI.4.,n on,*1.,, November 20, 2001 'L'egf "`foe, ill',$..e Crooner h.l u ..o.r.r..rt Gang Floreth SENT BY FACSIMILE NOVEMBER 20, 2001 s,.,,<e. .. Bm ward 1150 Brighton Road Brighton, CO 80601 RE• Permit No. 210981-A and Commercial Well Permit Requirement Dear Mr. Floreth and Mr.Ward. The objective of the letter is to document the actions that have been taken on your current well permits end to clarify the alternatives you have with the State Engineer's Office. Your wet,permit no. 210981 was registered with this ofttce on June 26, 1998 pursuant to C R S. 3T-92.802(5)for its historic uses. At That time. based on the field inspection,the historic uses were understood to Include use in one single-lamity dwelling,fire protection.watering of domestic anima's an pourtry,and the irrigation of not more than Y, acre of home gardens end lawns. Please note that these uses are associated with a residential dwelling. not oommercial. On June 4.200t we received an application torn ypu to replace the well. On June 8, 2001 this replacement well permit was issued for the same uses es allowed on the previous permit. As a replacement well It was limited to the Malone uses. You have been pursuing an action with Weld County to allow special use on your property. As a result of that, you requested that we amend the replacement permit to include use m a separate residential building that has been there end in use since prior to 1972. Atter an additional field inspection we amended the permit accorongy on October 25. 2001. This was cased on our understanding that the residents were not using the additional building for commercial purposes, rather for'hobby"type work At this time, we understand from both you anC Weld County that, as pan of this action you must obtain a well permit that states that the well may be used for commercial purposes. Neither the current late registration nor the unused replacement well permit can be amended to satisfy this need The existing well was registered as a well with residential uses only. To accomplish the objective o1 obtaining a well permit for'commercial' uses I recommend that you consider the following alternatives. If you wish to continue to use the existing well: t if the existing well has actually been used for the residential and coinnlercial purposes since 1872.then the well may be late registered 6$ a'commercial exempt' wall. Using this alternative you would first need to provide proof to the water commissioner that a commercial operation has taken place on the site since prior to May 8, 1972. The well would be limited to drinking and sanitary purposes only— ne outside uces_perrnitted. This exclusion would preclude any taws or garden Feb 08 02 09: 53a TZR Water Engineers, Inc. 303-971 -0077 p. 3 11/76/2881 1©:0© 3936 '54 HALLMARK MFG pA5 a6 "J-.r-aT- 0t 16;30 .—TW 4RTER PESJiRCE5 .:b: et': J5nb ..co...„ r irrigation. If you pursue this alternative. you would need to Once again begin the late registration process. 2 If the existing well has not been used for those commercal purposes since May 6, t P72, you may be able to permit this well for uses under today's statutes(that k, forego any consideration of the well's historic use). Again,the well would be limited to drinking and sanitary purposes only-no outside us4s atrmttted. This exclusion would preclude any lawn or garden irrigation. Our office would also need to verify other facts, most notably that the welt is the eniy exempt well on the site. that there is no water supply available from a district or other water supplier, and that the parcel was crested prior to June 1 1972. There wound be Other conditions imposed on this Permit. If you pursue this alternative.you would need to Submit a new well permit appNcaeon 3. If you would like to expand the use of the existing well to include commercial useS, irciudtng commercial irrigation, you may apply for a non-exempt wail permit. However,the evaluation of such an application would require that you neve a plan for augmentation decreed by the water court The augmentation plan would address the means by which you would replace the depletions to the stream system that are caused by the withdrawal of water. I will not go info further detail on that; you should contact a water attorney or water consultant on that matter. It you wish to Wnetruct a new well 4. You may apply to construct a new well for commercial purposes in the some alluvial aquifer in which your existing well Is now completed. That well would have the same raquiremants imposed as in alternatives 2 and 3 above. 5. You may apply to construct a new well for oommerua)purposes in the Laramie-Fox Hills aquifer. This is a Denver Bash agwler. The Leramle-Fox Hipp aquifer in your area has a characteristic known as not nontributary. This means that the withdrawal or ground water from this agLilar would cause significant depletions to the stream system Therefore, a court-approved plan for augmentation would be required before we would be able to evaluate such an application. Again, I will deer to 3 water attorney or water engineer to provide you additional information on that matter In summary, it appears that yo;r alternatives fall into the category of acquiring a well carnet for a commercial exempt well with no outside uses or pursuing a court approved augrnenianon plan The alternatives I have presented are based strictly on the provisions of the Colorado Revised Statutes.rules promulgated by the State Engineer. and Policies of the State Engineer. Should you or anyone eke like to discuss the alternatives in that context. I will be happy b have that discussion. Otherwise, I hope this helot,you in your decision making process. Please Call me if you have additional questions. Sincerely, gdeStrricy4 /4/14.0-2.H Kevin G Rein Water Resource Engineer TO_AL P.©3 firdilimiumiku recreational vehicles To Whom It May Concern: Regarding the watering of landscaping at 12524 W.C.R. 25%. Water will be trucked in from the City of Fort Lupton Public Works to satisfy the limitations of the commercially exempt well. In regards to the state statute regarding notice to mineral estate owners: The property owner, William M. Ward, retains all mineral rights. _Respectfully, k.gytr., IPtraig . Fb4h r hallmark mfg.Inc. • 1 150 brighton road • brighton, co 80601 • (303)659.5672 • fax(303)659-5754 Z0 391yd 934 NJVW11VH b9L96S9E0E 09:Zt ZOOZ/80/50 rri • WELD COUNTY HEALTH DEPARTMENT 1517 16TH AVENUE COURT, GREELEY, CO 80631 (970) 353-0635 EXT 2225 FAX (970) 356-4966 • Statement Of Existing Septic Permit Permit #: SE-9800070 Sec/Twn/Rng: Date : 06/30/1998 Location: 12524 WCR 25 1/2 FT LUPTON CO 80621 Parcel No : 1207 31 Legal Desc : APPLICANT MESSINGER LANCE Phone : (303 ) 550-6699 12524 WCR 25, FT LUPTON CO 80621 OWNER MESSINGER LANCE Phone : (303 ) 550-6699 12524 WCR 25 1/2, FT LUPTON CO 80621 Description: HOUSE/ISDS EVALUATION WAS DONE SEE COMMENTS Town: Number of Persons : Basement Plumbing (Y/N) : N Number of Bedrooms : 2 Bathrooms-> Full : 1 3/4 : 1/2 : ter Public (Y/N) : Utility Name : Water Private (Y/N) : Y Cistern (Y/N) : Well (Y/N) : Y • Water Permit No: • Septic Tank: 2000 gallons Tank Material : CONCRETE Absorption Trench: 800 sq. ft . Absorption Bed: sq. ft . Year Installed: 1954 NOTICE The property owner/agent has certified BY NOTORY SEAL that the above described septic system is in fact installed as described, and exists at this time on the parcel identified above by the parcel number and/or legal description, and further states that the system IS in good working order and to the best of his/her knowledge IS NOT failing to function properly. The property owner/agent further understands that any falsification or misrepresentation may result in the revocation of any permit granted based upon this information hereby submitted and in legal action for perjury as provided by law. The Statement of Existing Record relies on information the property owner or his/her representative provides, under oath, indicating current status of the system and representing to the best of his/her knowledge the system IS NOT failing to function properly. Issuance of the Statement of Existing Permit for any system does not constitute assumption that the site was evaluated or inspected during any phase of construction by this Department to meet regulations. X IPVASIVA4. Environmental Specialist Date OCT-12-2001 FRI 11 19 AM ,.ENVIR0H HEALTH SERVICES 9703046411 P. 02 wti ,OUNTY DEPARTMENT OF PUBLIC SE# • HEAL.H AND ENVIRONMENT ORG PERMIT*1555 N. 17TM AVENUE REPAIR# Ialai GREELEY, COLORADO 80631 LOAN# Ime PHONE: (970)304-6415 iSDs# ` X- c:`r/--. FAX; (970) 304-6411 COLORADO STATEMENT OF EXISTING FOR SEPTIC SYSTEM (PLEASE FILL OUT IN BLACK INK ONLY) PARCEL/0 IQ 0 / 3/ PROPERTY OWNER_ /3� ,1 — PHONE NO. ( ?.)'-1 7 0/- !>EZ MAILING ADDRESS 1.2 C.i '/ !Jaw , _5-9 / 71c 2/ f.Jj��i- r , DESCRIPTION OF BUILDING(ex. o au a obite/modular home hop, thee) St a Zip SITE/LOCATION ADDRESS vi j to cf., LEGAL DESCRIPTION I+T City State Zip PT SECTION TOWNSHIP 5/J/ RANGE eL G/ SUBDIVISION LOT_ BLOCK PILING CENNCUS TRACT LOT SIZE/ACRES -3. .2 S COMIVIERCLAL 1 ES RESIDENTIAL VES NO NUMBER OF PERS• S......;2_(- BASEMENT PLUMBING YES liN BEDROOMS 2 BATHROOMS FULL,,,, _, 3/4__1_ 1/2__/-_- WATER SL Y PUBLIC S N UTILITY PRIVATE YES • CISTERN j 0 WELL E 'Y a WELL PERMIT u w STEM SIZE: Septic tank material is constructed of_Ckr-lr'.7. and has .2.),z'') gallons capacity. LLD: Trench_r/:0„,;., square feet or Bed__ square feet YEAR INSTALLED ion are required to draw a diagram of the system on the reverse side of this form in black ink only and indicate :,cation,length,width,and distance from the dwelling. 'he undersigned property owner hereby certifies that the above described septic system is in fact installed, as escribed,and exists at this time on the parcel of ground identified by the above legal description and further states hat the system is/is not in good working order and to the best of his/her knowledge bus not failing to function roperly. further understand that any falsification or misrepresentation may result in revocatio of any permit granted based pon this information hereby submitted and in legal action for perjury as provided b ' w. -/4/-) / �„_�— ATE OWNER " /`/ VI tbscribed and sworn to before me this 75- day of , , �1g , fitness my hand and official seal. My commission expires " 7 c> C.,2,�/ 1TE .' OTARYPi ICYG ATE1VLENT OF EXISTING REVIEWED BY �// n, ENVIRONMENTAL HEALTH SPECIALIST A .S J ; h I. __________ . , _______________ ,.‘ ,......_i_ !!h J 0 �'' lOty,,c- Hello