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HomeMy WebLinkAboutpitkin.planning.273504300008 (2009)., El if ~~PJl \ 8 YJ~~~~ v ° TFIIS FILL 14~AY C3R lE'IAT' NOTt CONTi AIN AL~r E}F TIIE INTF ~R14IATl I®N LIS'I'~- &~LOFV:' IN TIIL POLLO~+'ING OI2I~LR Su~rexar,~ Sheet ~e6oin~tiec~ for the ~C}CC a~d(or g~~ EQrdinance for the ~Q~CC and/or P~~ I9etercninatio~ for the ~Ieari~eg OfFaeer Adccsiuaistrative I2eterlini~ation Staff 1VIe~o App4icatiom Pnbiic Notice, Acceptance Letter, IZeferrai(s) Letter Site Plan 1VlisceIlaneo~xs Plat(s) Parcel ID: 2735-04-3-00-008 Application Date: 6/2/09 Case No: PO56-09 Description: Planner: Mike Kraemer # Copies: 5 Allocated Hours: 12 Project Address: 2298 OWL CREEK RD, ASPEN, CO 81611 % Over Hours: 4.4 Property Owner: WASHBURN JOHN A Owner's REP: ALAN RICHMAN REP's Email: arichman@sopris.net Address: 0222 N LASALLE ST CHICAGO, IL 60601 Address: PO BOX 3613 ASPEN, CO 81612 Owner Phone: REP's Phone: (970) 920-1125 Referrals: PLANNING ENGINEER REFERRAL Other Referrals: Owl Creek Caucus None CDOW ALL OTHER REFERRALS Comments Due Date: 08/12/2009 Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? yes Notice Date: 07/12/2009 Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 068-2009 #562857 Other Information: VR Approval Date: 09/03/2009 Plat Recorded Date: 10/21/2009 VR Expires Date: 09/03/2012 Plat (Bk, PG): B92 P21-22 #563783 Remarks: Org Admin 068-2009 #562591 #562785 Application Type: Activity Envelope Site Plan gECEPTION#: 562785. 09!1512009 at 09:48:12 AM, 1 Od= 3, R $O.DO Dac Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ,IMUNITY DEVELOPMENT DD2ECTOR OF PITIQN __ ~ _, -~ _ __.....,...i. ~. vr.~S)FIBURNBLUMENTHAI, ACTIVITY ENVELOPE AND SITE PLAN Administrative Decision No.~-2009 ~ RECITALS John Washburn and Amy Blumenthal ("Applicants") have applied to the Community Development Director of Pitkin ~ County, ("Director"), pursuant to the 2006 Pitkin County Land Use Code ("Code"), for Activity Envelope and Site Plan Review for replacement of a 2" domestic water line and for reconstruction of the spring box at the Bernard Stapleton Spring No. 1. ~ ZZq 8 S 1. Four parcels are affected by this application. The subject parcel is located at'2948 Owl Creek Road. This Lot is Tj bordered on the west and south by Lot 1 of the Owl Creek Meadows Subdivision. The proposed pipe is to be °' replaced through the meadow of this lot. The proposed pipe alignment touches a corner of Lot 2 of the Owl v Creek Meadows Subdivision. The fourth Lot is located on the east side of Mandalay Road approximately 1,000' - from the southern property boundary of the subject lot. This lot is identified as Lot 11 of the East Owl Creek '~ ~ Subdivision and the existing spring box for the Bernard Stapleton Spring No. 1 is located on this lot. --r a ~ 2. 2298 Owl Creek Road and Lots 1 and 2 of the Owl Creek Subdivision are zoned LIR - 35. Lot 11 of the East U ~ Owl Creek Subdivision is zoned AR-10 (Legal Description -Attachment A). O ~- 3. The Colorado Division of Wildlife (CDOW), Planning Engineer, and the Owl Creek Caucus all commented on n) E/ the application. All entities were in support of the proposal with some conditions. (\~" 4. The Director fmds that the activity envelope has been placed within constrained areas as defined by Chapter 7 but that exemptions exist within the Land Use Code to allow such development. 5. The Director further finds that pursuant to section 7-20-80(c) utility lines and water diversion devices can be permitted within the 100' stream setback because no feasible alternative locations are available and any adverse impacts will be mitigated. 6. Public notice was published in the Aspen Times Newspaper on July 12, 2009. The Applicant mailed the public notice to the adjacent property owners on July 24, 2009. No formal objections were received. APPROVED by the Director, subject to the following conditions: 1. The Applicants shall adhere to all material representations made during the application process. 2. All previous land use approvals aze still applicable. 3. Prior to submission of any future earthmoving permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope and Site Plan in accordance with Land Use Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Applicants shall make the following changes to the site plan: a. Reduce the width of the activity envelope to 20'within the sensitive wetlands/riparian areas within and near Owl Creek. 4. Construction of the spring box and digging for the water pipe shall incorporate specific measures designed to a reduce erosion and prohibit sedimentation. Construction shall not increase stream sedimentation and r RECEPTION#: 562857, 0 911 712 0 0 9 at RECEPTION#: 562591, 0 910 912 0 0 9 at 12:44:4d PM, Page 1 oj2 09:19:29 AM, t ol= 3, R $0.00 Doc Code ADMIN 1 OF 3, R $0.00 Doc Code ADMIN DECISION DECISION Janice K. Vos Caudill, Pitkin County, CO Janice K. Vos Caudill, Pitkin County, CO suspension loads. Removal or disturbance of vegetation in riparian and wetland buffer areas shall be avoided to the maximum extent practicable. A detailed construction management plan shall be submitted for review and approval prior to commencement of work. 5. The Applicants shall submit for an earthmoving permit that includes an extensive revegetation plan that implements best management practices to ensure full revegetation of the disturbed area. If riparian grasses/wetlands are disturbed, the revegetation plan shall include replacement of such vegetation and be implemented as quickly as possible, but in no event later than one Bowing season following conclusion of construction activities. 6. Any necessary federal or state permits shall be obtained prior to commencement of work. 7. The Applicants shall adhere to the alignment shown on the recorded site plan which avoids significant trees and vegetation. Due to unforeseen below grade impediments such as rocks and/or roots, the alignment may change to another area within the approved activity envelope. A note shall be included on the site plan that identifies this requirement. 8. Because of the close proximity to sensitive elk habitat, dogs aze prohibited during construction. 9. Any tree(s) 6" d.b.h. or greater that are removed shall be mitigated for pursuant to Section 7-20-10 of the Code. 10. The Applicants shall document the water right for the Bernard Stapleton Spring No. 1 at the earthmoving permit submittal. The Applicants shall also obtain consent from the owners or managers of the Wengner Ditch for work within the Ditch, if needed. This shall also be documented at the earthmoving permit submittal. 11. No development shall occur outside the approved envelope. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until the completion of the project. 13. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on September ~_ , 2012. PUBLISIIED AF~ER ADOPTION FOR VESTED REAL PROPERTY RIGH'T'S in the Aspen Times Weekly on the day of~~ {, , 2009. APPROVED by the Director, this 1L day of S -~.e 2009. _~~i n.~e u.M4 _ .~C1~ Cindy 14ouben, Community Development Director PIDtt2735-043-00-008 P056-09 Page 2 oj2 atr-'28'2085 15:14 FFtpyr110LLgryp 8 14~T 1~~e Iaetllp~+~1^e11 g94~i'1~Ii1iI5 fA~~iiryl'ip~~I 70:3122363241 P.4~6 I """ ~ 'u. MIINO as/?3~ZOaa a9:iZF SJLV(R OPVtf P77R1N COINTV LO p i6.~ a ~.~ EX$IBTT A REAL PROPERTY p$SCRIPTION A tract of land being pact of Loib 9, 10, 13 wd 14 ,end the Wept 1/2 of the gE 1l4, in Section 4, Township 10 South, Range 85 West of the 6th P,M., more Pully daxtibad as follows: Beginning at a point on the South fence of Owl Crock Rosd from which the Eaat 1/4 comer of said Sel;tion 4 bears North 89°01' 1 !" Ean 2,634.176 fact; thence South 09°58'25" Eqpt 72.40 feet; thence South 09°IS'Sl" West 139.90 feat; thence South it°11'35" West 237.65 feet; theme North 89°59'55" West 349.75 feat; thence North 01°32'34" Last 455.73 Rtt to the South fence of said pw1 Creek Road; theaca South 89.5747" East 166.98 Peet aiong the South fence of Owl Crcek Road; thence South 89°35'53" East 1$9.$8 feet Along the South fence of Awl Crcek Road; thanes North 76°21'41" Bast 37.18 feet along the South fence of Owl Creek Road to the point of beginning; 3111077„1.Dn(; UU/ ~~~ / RECEPTION#: 562785. 0 9/1 512 0 0 9 at 09:48:12 AM, 1 OF 3, R $0.00 Dac Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO ,~,IUNITPDEVELOPMENTDII2ECTOROFPITHIN __- .._,....,,, ~~..~, ..ASHBiJRN/BLUMENTIiiALACTIVITYENVELOPEAND STYE PLAN Administrative Decision No.~-2009 C RECITALS ~ John Washburn and Amy Blumenthal ("Applicants") have applied to the Community Development Director of Pitkin vi County, ("Director"), pursuant to the 2006 Pitkin County Land Use Code ("Code"), for Activity Envelope and Site ~ Plan Review for replacement of a 2" domestic water line and for reconstruction of the spring box at the Bernard ~ ~ Stapleton Spring No. 1. 6 ZZq g S 1. Four parcels are affected by this application. The subject parcel is located aY2998 Owl Creek Road. This Lot is ~j bordered on the west and south by Lot 1 of the Owl Creek Meadows Subdivision. The proposed pipe is to be o_' replaced through the meadow of this lot. The proposed pipe alignment touches a corner of Lot 2 of the Owl p Creek Meadows Subdivision. The fourth Lot is located on the east side of Mandalay Road approximately 1,000' U - from the southern property boundary of the subject lot. This lot is identified as Lot 11 of the East Owl Creek ~ --t- 6 Subdivision and the existing spring box for the Bernard Stapleton Spring No. 1 is located on this lot. a ~ ~ 2. 2298 Owl Creek Road and Lots 1 and 2 of the Owl Creek Subdivision are zoned LIIt - 35. Lot 11 of the East _ U Z Owl Creek Subdivision is zoned AR-10 (Legal Description -Attachment A). O ~- 3. The Colorado Division of Wildlife (CDOW), Planning Engineer, and the Owl Creek Caucus all commented on n' (~ ~ the application. All entities were in support of the proposal with some conditions. ` 4. The Director fmds that the activity envelope has been placed within constrained areas as defined by Chapter 7 but that exemptions exist within the Land Use Code to allow such development. 5. The Director further finds that pursuant to section 7-20-80(c) utility lines and water diversion devices can be permitted within the 100' stream setback because no feasible alternative locations are available and any adverse impacts will be mitigated. 6. Public notice was published in the Aspen Times Newspaper on July 12, 2009. The Applicant mailed the public notice to the adjacent property owners on July 24, 2009. No formal objections were received. APPROVED by the Director, subject to the following conditions: 1. The Applicants shall adhere to all material representations made during the application process. 2. All previous land use approvals are still applicable. 3. Prior to submission of any future earthmoving permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope and Site Plan in accordance with Land Use Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Applicants shall make the following changes to the site plan: a. Reduce the width of the activity envelope to 20'within the sensitive wetlands/riparian areas within and neaz Owl Creek. 4. Construction of the spring box and digging for the water pipe shall incorporate specific measures designed to reduce erosion and prohibit sedimentation. Constrnction shall not increase stream sedimentation and RECEPTION#: 562591, 09!0912009 at Page I ojl 09:19:29 AM, 1 of 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO suspension loads. Removal or disturbance of vegetation in riparian and wetland buffer areas shall be avoided to the maximum extent practicable. A detailed construction management plan shall be submitted for review "° °' and approval prior to commencement of work. 5. The Applicants shall submit for an earthmoving permit that includes an extensive revegetation plan that implements best management practices to ensure full revegetation of the disturbed area. If riparian grasses/wetlands aze disturbed, the revegetation plan shall include replacement of such vegetation and be implemented as quickly as possible, but in no event later than one growing season following conclusion of construction activities. 6. Any necessary federal or state permits shall be obtained prior to commencement of work. 7. The Applicants shall adhere to the alignment shown on the recorded site plan which avoids significant trees and vegetation. Due to unforeseen below grade impediments such as rocks and/or roots, the alignment may change to another area within the approved activity envelope. A note shall be included on the site plan that identifies this requirement. 8. Because of the close proximity to sensitive elk habitat, dogs are prohibited during construction. 9. Any tree(s) 6" d.b.h. or greater that are removed shall be mitigated for pursuant to Section 7-20-10 of the Code. 10. The Applicants shall document the water right for the Bernard Stapleton Spring No. I at the earthmoving permit submittal. The Applicants shall also obtain consent from the owners or managers of the Wengner Ditch for work within the Ditch, if needed. This shall also be documented at the earthmoving permit submittal. 11. No development shall occur outside the approved envelope. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until the completion of the project. 13. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associated with this property. 14. Statutory vested rights for the approval contained herein aze granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on September _~_, 2012. PUBLISHED AF~ER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Asoen Times Weekly on the' day of ~_, 2009. APPROVED by the Director, this ~'L day of S ~ ~.e 2009. Cindy I4ouben, Community Development Director PID# 2735-043-00-008 P056-09 Page 2 of 2 Attachment A Legal Description Subdivision: M/B OWL CREEK Section: 4 Township: 10 Range: 85 A TRACT BEING PART OF LOTS 9 10 13 14 IN W2SE4 OF SEC 4-10-85 BGNNG AT A PT ON THE S FENCE OF OWL CRK RD FROM WH THE E4 COR OF SEC 4 BEARS N 89 DEG 01'11 "E 2634.66 FT TH S 09 DEG 58'25"E 72. ADMIIYISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DD2ECTOR OF PITlial COUNTY, COLORADO, APPROVING THE WASHBURNBLUMENTIIALACTIVlTY ENVELOPE AND SITE PLAN Administrative Decision No.~-2[109 RECITAIS John Washburn and Amy Blumenthal ("Applicartts'~ have applied to the Community Developmerrt Director of Pitkin County, ("Directo~~, pursuam to the 2006 Pitkin County Land Use Code ("Code"), for Activity Envelope and Site Plan Review for replacement of a 2" domestic water line and for reconstruction of the spring box at the Bernard Stapleton Spring No. 1. 1. Four parcels are affected by this application. The subject parcel is located at 2998 Owl Creek Road. This Lot is bordered on the west and south by Lot 1 of the Owl Creek Meadows Subdivision. The proposed pipe is to be replaced through the meadow of this lot. The proposed pipe alignment touches a corner of Lot 2 of the Owl Creek Meadows Subdivision. The fourth Lot is located on the east side of Mandalay Road approximately 1,000' from the southern property boundary of the subject lot This lot is identified as Lot 1 ] of the East Owl Creek Subdivision and the existing spring box for the Bernard Stapleton Spring No. 1 is located on this lot. 2. 2298 Owl Creek Road and Lots 1 and 2 of the Owl Creek Subdivision are caned LIR - 35. Lot 11 of the East Owl Creek Subdivision is tuned AR-10 (Legal Description -Attachment A). 3. The Colorado Division of Wildlife (CROW), Planning Engineer, and the Owl Creek Caucus all commented on the application. All entities were in support of the proposal with some conditions. 4. The Director finds that the activity envelope has been placed within constrained areas as defined by Chapter 7 but that exemptions exist within the Land Use Code to allow such development 5. The Director further fords that pursuant to section 7-20-80(c) utility lines and water diversion devices can be permitted within the 100' stream setback because no feasible alternative locations are available and any adverse impacts will be mitigated. 6. Public notice was published in the Aspen Times Newspaper on July 12, 2009. The Applicant mailed the public notice to the adjacent property owners on Iuly 24, 2009. No formal objections were received. APPROVED by the Director, subject to the following conditions: 1. The Applicants shall adhere to all material representations made during the application process. 2. All previous land use approvals are still applicable. 3. Prior to submission of any future earthntoving permit applications, the Applicant shall be required tc submit for approval by the County Attorney and Community Development an Activity Envelope and Site Plan in accordance with Land Use Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Applicants shall make the following changes tc the site plan: a. Reduce the width of the activity envelope to 20'within the sensitive wetlands/riparian areas within and neaz Owi Creek. 4. Construction of the spring box and digging for the water pipe shall incorporate specific measures designed to reduce erosion and prohibit sedimentation. Construction shall not increase stream sedimentation and RECEPTIONM: 562591, 09/09/2009 at Page r oj2 09:19:29 AM, 1 OF 3, R $0.00 Doc Code ADMIN bECISION Janice K. Vos Cautlill, Pitkin County, CO suspension loads. Removal or disturbance of vegetation in riparian and wetland buffer areas shall be avoided to the maximum extent practicable. A detailed constmction management plan shall be submitted for review and approval prior to commencement of work. The Applicants shall submit for an eardrmoving permit that includes an extensive revegetation plan that implements best management practices to ensure full revegetation of the disturbed area. if riparian grasseslwetlands are disturbed, the revegetation plan shall include replacement of such vegetation and be implemented as quickly as possible, but in no event later than one growing season following conclusion of constmction activities. 6. Any necessary federal or state permits shall be obtained prior to commencement of work. 7. The Applicants shall adhere to the alignment shown on the recorded site plan which avoids significant trees and vegetation. Due to unforeseen below grade impediments such as rocks and/or roots, the alignment may change to another area within the approved activity envelope. A note shall be included on the site plan that identifies this requirement. 8. Because of the close proximity to sensitive elk habitat, dogs are prohibited during construction. 9. Any tree(s) 6" d.b.h. or greater that are removed shall be mitigated for pursuant to Section 7-20-10 of the Code. 10. The Applicants shall doctunent the water right for the Bernard Stapleton Spring No. 1 at the earthmoving permit submittal. The Applicants shall also obtain consent from the owners or managers of the Wengner Ditch for work within the Ditch, if needed. This shall also be documented at the earthmoving permit submittal. 11. No development shall occur outside the approved envelope. No structures shall be permitted outside of the approved activity envelope. Applicant shall be required to obtain an Earthmoving Permit for any work outside the approved envelope. 12. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the comers of the activity envelope and install constmction fencing around the constmction site within the perimeter of the activity envelope. The fencing shall remain in place until the completion of the project. 13. Failure to comply with these conditions of approval may result in revocation of this permit or any subsequent permits related to this property or vested rights associazed with this property. 14. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on September _~, 2012. PUBLISHED AF~ER ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on the day of~. , 2009. APPROVED by the Director, this _°a:~ day of _ ~~~~ 2009. ~~ Cindy ouben, Community Development Director PIDH 2735-043-00-008 P056-09 Page 2 oft Attachment A Legal Description _. . _._ Subdivision: M/B OWL CREEK Section: 4 Township: 10 Range: 85 A TRACT BEING PART OF LOTS 9 10 13 14 IN W2SE4 OF SEC ___ 4-10-85 BGNNG AT A PT ON THE S FENCE OF OWL CRK RD _...__ FROM WH THE E4 COR OF SEC 4 BEARS N 89 DEG 01'I I "E 2634.66 FT TH S 09 DEG 58'25"E 72. MEMORANDUM TO: Pitkin County Community Dev lopment Director FROM: Mike Kraemer, Planner DATE: September 3, 2009 RE: WashburnlBlumenthal Activity Envelope and Site Plan Review SUMMARY OF REQUEST: The Applicants are requesting Activity Envelope and Site Plan Review for replacement of the spring box at the Bernard Stapleton Spring No. 1 and pipe for domestic, potable water that services an existing residence. APPLICANTS: Amy Blumenthal and John Washburn REPRESENTATIVE: Alan Richman LOCATION: 2298 Owl Creek Road. PID#: 2735-043-00-008 2005 AERIAL PHOTOGRAPHY: The subject Lot is identified as 2998 Owl Creek Road with the three other lots affected by this proposal also identified and highlighted in green. The approximate location of the activity envelope is highlighted in red with the Bernard Stapleton Spring No. 1 and spring box also identified. __ J 0 S45 290 5EE'i 870 1, Fe~ C~~~ ~i~C;~.~ .~,y 's. - -. ;t. ~3' °'~ ~, t.•..,,. ~ _! i 2998 Owl Creek Road ,~, ~ o-.=._ ;•~; -Subject Lot- Y r , . y + : ~ 'IAN. +': ,.,. ~ . ~ { -^,}.,"7..} Legend .. ~ - _ :,,~. _ '~~ - ~~~ ~- ~ ~~j• Road. ..y~';~ . ' `~ LoY 1 of the Owl Creek + • ~ ~ ~ ` ~~.' i, `' }~ .~R i~M ' ~ Meadows Subdivision • ~ `, ~.~ _ ~ ~,~ •- '~~ is ; .', ~ Y ~.. a.. ~..r. t ~` ~ ~ ' ~, - ~ ~ ~~ :~+~~' • Lot 2 of the Owl Creek ,+ ~ ) •~•~ ~ ~ ti~ ; ~~ ,~ ''h ~ f"ieadows Subdivision ~ ~ '~~~ Sprinclbox lacafion - ~ s' t t ~ J~ .~ ~ .~.. ~ . ~~~,r a . ~~ ~ ~. Lot 11 of the East • a ?R ~ #+~ ' } _ - Owl Creek Subdivision ~ - ,r - - - - Page I of 4 I ZONING: 2998 Owl Creek Road and Lots 1 and 2 of the Owl Creek Subdivision are zoned LIR - 35. Lot 11 of the East Owl Creek Subdivision is zoned AR-10. BACKGROUND and SPECIFIC REQUEST: Four separate lots aze affected by this proposal. The subject lot is located at 2998 Owl Creek Road. This Lot is bordered on the west and south by Lot 1 of the Owl Creek Meadows Subdivision. The proposed pipe is to be replaced through the meadow of this lot. The proposed pipe alignment also touches a corner of Lot 2 of the Owl Creek Meadows Subdivision. Finally the fourth Lot is located on the east side of Mandalay Road approximately 1,000' from the southern property boundary of the subject lot. This lot is identified as Lot 11 of the East Owl Creek Subdivision and the existing spring box for the Bernard Stapleton Spring No. 1 is located on this lot. The Applicants are requesting approval to establish an envelope for the purpose of replacing a 2" domestic water pipe that runs from the Bernard Stapleton Spring No. 1 across Mandalay Road to the subject property. The Spring is located within Owl Creek. An easement for repair and replacement of the pipe and spring box has been established. The picture belo~~ illustrates this spring box: STAFF COMMENTS: Staff has determined that Activity Envelope and Site Plan review is applicable to this development proposal. Below are the criteria for review. Page 2 of 4 2 REFERRAL COMMENTS: The Colorado Division of Wildlife (CDOW), Owl Creek Caucus, and the Planning Engineer were referred on the application. Comments were received from all. ACTIVITY ENVELOPE (7-10-501: Site Preparation and Grading: Land Use Code Sec. 7-10-20 addresses standards for preparing a site for development. Staff Response: The standazd states that if any trees 6" d.b.h. or greater are removed, mitigation shall occur. The Applicants have stated that one 8" d.b.h. tree is located within the activity envelope but will not be disturbed. Steep and potentially unstable slopes: Land Use Code Sec. 7-20-20 addresses standards for development on potentially unstable slopes; Staff Response: The proposal illustrates that no slopes > 30% will be disturbed. Water Courses and Drainage: Section 7-20-30 addresses standazds for development in water resources. Staff Response: The water pipe will draw water from the Spring located within Owl Creek. The Applicants have stated that burial of the new pipe will not violate any standards within this section. Staff has no other reason to believe that the project will violate this section. The Applicants are proposing to divert Owl Creek this fall during low flows so that work can occur. Once the pipe is replaced, the diversion will cease and reclamation of the disturbed areas will occur. The Applicants have stated that the channel of Owl Creek will not be changed for the purpose of this project. Fooodplain Hazards: Section 7-20-40 regulates development within a floodplain. Staff Response: The proposed activity envelope has been placed within the floodplain of Owl Creek. Because the proposed development activity is replacement of 2" domestic water pipe, the impacts listed at 7-20-40(b) will not be an issue. A floodplain permit will be required however. Wildlife Habitat Areas: Section 7-20-70 regulates and establishes standards for development in wildlife habitat areas. Staff Response: Colorado Division of Wildlife (CDOW) resource mapping indicates that the water pipe alignment is adjacent to elk production areas. The Applicants have obtained a wildlife report from Colorado Wildlife Science, LLC that states that the proposed alignment is away from the production area and that although it is not considered production habitat, there is still a chance that elk will calve there. Even with this statement the letter indicates the proposed replacement of the water line and spring box will not impact elk calving aeeas. The CDOW commented on the proposal and concurs with the wildlife report (Attachment A). Because of the close proximity to the production area, the CDOW asked that no construction dogs be allowed on site. River and Stream Corridors and Wetlands: Land Use Code Section 7-20-80 establishes setbacks from rivers and streams. Staff Response: The proposed site plan shows placement of the envelope within the 100' ripazian/wetland setback of Owl Creek. Typically development is prohibited within this setback. Pursuant to Section 7-20-80(c) utility lines and irrigation devices may be permitted within the 100' stream setback upon a finding that no alternative locations are available and that adverse impacts will be adequately mitigated pursuant to subsection (d) in that section. Staff feels that there is no alternative location to locate the spring box and water line because the Bernard Stapleton Spring No. 1 is basically located within the Creek. In effort to limit disturbance Staff will implement subsection (d) as conditions in the Administrative Decision. Page 3 of 4 3 The Applicants have submitted a wetland delineation report that indicates some jurisdictional wetlands of high quality will be disturbed if the spring box is reconstructed. The report also indicates that the proposed alignment of the pipeline from Owl Creek will not encroach into jurisdictional wetlands. Staff feels that a wetlands mitigation plan should be submitted and reviewed for approval with an earthmoving permit for the wetland near the spring box that will be disturbed. The Applicants are also required to obtain any appropriate Army Corps of Engineers permit(s). The Applicants show an activity envelope that is 30' wide on the east side of Mandalay Road within Owl Creek. Staff inquired with the Applicants about the width of the envelope in this sensitive area. It has been represented that the envelope follows the easement for the spring box and water line. It seems that the proposed improvements could be accomplished with a lesser sized envelope. In order to minimize disturbance, Staff feels that the envelope should be reduced in this area to 20'. In addition to a wetland mitigation plan, the Applicants should be required to minimize disturbance to wetlands by using best management practices during construction. Staff has brought this issue to the attention of the Applicants. The Applicants have documented using the smallest machinery possible to limit disturbance when digging the 9' hole for the new spring box. The Planning Engineer commented on the application (Attachment B) and would like to see a detailed construction management plan submitted with the earthmoving permit, a water right for the spring, and approval from the Wenger Ditch Company to replace the pipe near the ditch. SITE PLAN REVIEW DEVELOPMENT WITHIN AN ACTIVITY ENVELOPE: The Applicants have proposed a site plan that illustrates all development within an activity envelope. SCENIC REVIEW (SECTION 7-20-120): The subject lot is located along Owl Creek Road, a scenic corridor. However the location of the new spring box and pipeline will not be visible from the Road. Pursuant to Section 7-20-120(c)(4)(a) this development is exempt from scenic review. LANDSCAPING AND VEGETATION PROTECTION (SECTION 7-20.130) AND TREE MITIGATION (SECTION 7-10.10(C) Land Use Code Sec. 7-20-130 is intended to preserve existing vegetation on a development site to the maximum extent possible. Staff Response: The site plan shows an alignment that avoids significant vegetation. Removal will be minimal for burial of the pipeline and construction of the new spring box. A detailed revegetation plan will be required to be submitted for review and approval. CAUCUS COMMENTS The Owl Creek Caucus verbally commented on the application and had no concerns. RECOMMENDATION: Staff recommends that the Community Development Director approve the Washburn/Blumenthal Activity Envelope and Site Plan for replacement of a spring box and domestic water line subject to the attached draft Decision. ATTACHMENTS: A. CDOW comments B. Planning Engineer comments Page 4 of 4 y STATE OF COLORADO Bill Ritter, Jr., Governor DEPARTMENT OF NATURAL RESOURCES DIVISION OF WILDLIFE AN EQUAL OPPORTUNITY EMPLOYER Thomas E. Remington, Director 6060 Broadway Denver, Colorado 80216 Telephone: (303)297-1192 wildlife. state. co. us July 7, 2009 Pitkin County Community Development 130 S. Galena Aspen, CO 81611 1tE: Washburn/Blumeuthal Activity Envelope Deaz Mike: For Wildlrfe- ForPeople The Division concurs with Colorado Wildlife Science's evaluation of the proposed replacement pipeline and spring box. There should not be any significant negative impacts to wildlife by replacing and upgrading the existing line along the proposed alignment. Since the site is immediately adjacent to elk production azea and migration corridor, contractors should not be allowed to bring dogs on site. The Division has had problems with construction worker dogs chasing wildlife. Thank you for the opportunity to comment. If you have any questions, please contact DWM Kevin Wright. Sincere ,/" Perry Will Area Wildlife Manager Cc: R. Velarde, K. Wright, file DEPARTMENT OF NATURAL RESOURCES, Hams D. Sherman, Executive Director WILDLIFE COMMISSION, Brad Coors, Chair • Tim Glenn, Vce Chair • Dennis Buechler, Secretary Members,Jeftrey Crawford • Dorothea Fartis • Roy McAnally • John Singletary • Mark Smith • Robert Streeter Ex Officio Members, Hams Sherman and John Stulp PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Mike Kraemer FROM: Catherine Berg, Planning Engineer Re: WashburnBlumenthal Activity Envelope and Site Plan DATE: July 28, 2009 After reviewing the application I propose the following conditions: - A detailed revegetation plan will be required. Plan shall be reviewed and approved by Pitkin County Community Development. The plan shall speak specifically to revegetation methods for riparian areas. - A detailed drainage and erosion control plan shall be submitted with each development permit. If the development disturbs one (1) acre or more a State Stormwater Permit shall be applied for and obtained. All historical drainage patterns shall be maintained. - The applicant shall obtain an approved Earthmoving, Clearing and Grubbing Permit. The application shall include: o Documentation of adequate water rights. o Approval from the Wenger Ditch company. - The applicant shall apply for and obtain any and all required Army Corps Permits for work along Owl Creek. - A Floodplain Permit shall be applied for and obtained or the applicant may demonstrate that a permit is not required. - The applicant shall submit a detailed Construction Management Plan that addresses all phases of construction. The plan shall speak specifically to truck staging, access to the project and how Owl Creek will be temporazily rerouted during construction. Other comments: The applicant has proposed a 40' Activity Envelope, is it necessary to have this width? Could the applicant work within a 25' envelope? PITI4N COUNTY COMMUNITY DEVELOPMENT DEPAR'T'MENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and John Washburn and Amv Blumenthal. (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Acfiviri Envelooe/Site Plan Review hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 022-2006 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Couunission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required fmdings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideraflon of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $3,572 which is based on 12 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITI~IN COUNTY APPLICANT: Cindy Houben Community Development Director r G. _ ~j~ Jo '' asbburu ~Y° ~ tua • i~ Amy M. ~ mnenthal Mailing Address: Gould & Ratner LLP 222 N. LaSalle Street Chicago, IL 60601 OOU001 0-~9~ SUNSHINE RANCH WATER LINE REPLACEMENT APPLICATION FOR DESIGNATION OF ACTIVITY ENVELOPE AND SITE PLAN REVIEW SUBMITTED BY ALAN RICHMAN PLANNING SERVICES BOX 3613 ASPEN, COLORADO 81612 920-1125 JUNE, 2009 i~uU~02 TABLE OF CONTENTS PAGE IV PROJECT DESCRIPTION ....................................... 1 A. Application Request ...................................... 1 B. Property Description ...................................... 2 STANDARDS FOR DESIGNATION OF ACTIVITYENVELOPE ............. 4 A. Site Preparation and Grading ............................... 4 B. Steep and Potentially Unstable Slopes ........................ 5 C. Water Courses and Drainage ............................... 6 D. Floodplain Hazards ......................................7 E. Wildlife Habitat Areas ..................................... 8 F. River and Stream Corridors and Wetlands ..................... 11 G. Scenic View Protection ................................... 14 H. Landscaping and Vegetation Protection ...................... 17 VESTED RIGHTS ............................................18 CONCLUSION ..............................................18 EXHIBITS #1. Quit Claim Deeds #2. Letter Authorizing Submission of Application #3. Pre-Application Conference Summary #4. Resource Engineering Letter to U.S. Army Corps of Engineers #5. Wildlife Report by Jonathan Lowsky #8. List of Adjacent Owners MAPS AND DRAWINGS Vicinity Map Proposed Activity Envelope/Site Plan ~~UO3 I. PROJECT DESCRIPTION A. Application Request This is an application to replace an existing diversion structure and domestic water line that serves the Crown residence in the Owl Creek valley. The existing 2" water line, which is approximately 1,500 feet in length, is leaking because it was buried at too shallow of a depth. It has also become unreliable due to its age. This line will be replaced with a new 2" domestic water line that will follow essentially the same alignment as the existing line, consistent with the easement for same. The applicants also propose to replace the existing spring box with a modern spring box. This work needs to be accomplished because the existing spring box has deteriorated to the point that it can no longer function properly and because its cover is missing, creating the potential for the collected water to become contaminated. The Crown residence is located on the Sunshine Ranch, a metes and bounds parcel of land with the street address 2298 Owl Creek Road. The property's parcel ID# is 273504300008. The application is being submitted by John Washburn and Amy Blumenthal (hereinafter, "the applicants"). Mr. Washburn and Ms. Blumenthal are the owners of the Sunshine Ranch, together with an easement for the installation, repair, replacement and maintenance of a water line from a spring located on two adjoining properties. Proof that the applicants are the owners of the subject property and the easement is provided in the Deeds, attached hereto as Exhibit #1. The applicants are being represented by Alan Richman Planning Services and Holland & Hart LLP for purposes of this application. A letter from the applicants confirming this arrangement is attached as Exhibit #2. A pre-application conference was held with members of the Community Development Department. The Pre-Application Conference Summary issued by the staff (see Exhibit #3) states that the review procedures applicable to this proposal are as follows: Designation of an Activity Envelope and Approval of a Site Plan; and Vested Rights for the Proposed Development. The Pre-Application Conference Summary lists the following sections of the Pitkin County Land Use Code that should be addressed by the applicants to designate an Activity Envelope and obtain Site Plan approval: Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 1 100 ~/ * Section 7-20-10: * Section 7-20-20: * Section 7-20-30: * Section 7-20-40: * Section 7-20-70: * Section 7-20-80: * Section 7-20-120 * Section 7-20-130 Site Preparation and Grading; Steep and Potentially Unstable Slopes; Water Courses and Drainage; Floodplain Hazards; Wildlife Habitat Areas; River and Stream Corridors and Wetlands; Scenic View Protection Areas; and Landscaping and Vegetation Protection. The following sections of this application identify the Code provisions applicable to these procedures and provide responses to the applicable County standards. First, however, a brief description of the property is presented below. B. Property Description The Sunshine Ranch is an irregularly shaped parcel of land that is approximately 4.0165 acres in size. The property is zoned AR-10, a zone district with a minimum lot size of 10 acres. Therefore, the property is anon-conforming sized parcel of record. It is improved with asingle-family residence that was constructed several years ago. The vicinity map shows that this property is located along Owl Creek Road, just over two miles west of its intersection with State Highway 82. The vicinity maps also shows that this property is surrounded by three larger ranch properties, these being Owl Creek Ranch, East Owl Creek Ranch, and Mandalay Ranch (also known as Owl Creek Meadows). East Owl Creek Ranch consists of relatively large houses on lots that are generally similar in size to the subject property, plus a large open space area. Owl Creek Ranch also contains large homes, but lot sizes in this PUD are correspondingly quite large. Mandalay Ranch is large ranch property composed of lots that are all in excess of 35 acres, but with just a single principal residence on the entire property. The Sunshine Ranch is a relatively flat parcel of land. Elevations rise by only approximately 20' from the front to the rear of the property, over a distance of over 450 linear feet. Therefore, slopes on the Sunshine Ranch are less than 5%. Owl Creek traverses the southeastern portion of the property, and there are wetland and riparian areas associated with the Creek. The Sunshine Ranch obtains its domestic water supply from a spring that is located on Lot 11 of the East Owl Creek PUD, in the riparian area along Owl Creek. There is an existing water line that emerges from the spring box, crosses under Owl Creek, traverses Lot 1 and Lot 2 of Owl Creek Meadows and then crosses into the Sunshine Ranch. With the exception of the Creek crossing, the water line alignment generally traverses open, relatively flat agricultural meadows. Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 2 ~UU05 The locations of the spring box and water line are depicted on the site plan prepared by Sopris Engineering that accompanies this application. More detailed drawings showing how the pipeline and spring box will be replaced have been prepared by Resource Engineering, Inc. and accompany its letter to the U.S. Army Corps of Engineers (see Exhibit #4). This letter states that the project may proceed under Nationwide Permit #3 (NWP #3, Maintenance) because it will replace an existing, serviceable structure. Sunshine Ranch Water Line Replacement ActivityEnvelope and Site Plan Review Page 3 li lu li V "'I'°''06 II. STANDARDS FOR ACTIVITY ENVELOPE/SITE PLAN REVIEW Chapter 7 of the Land Use Code establishes the standards related to the quality of development in Pitkin County. Following are the applicants' responses to the applicable standards of that chapter, as specified in the pre-application summary form. A. Site Preparation and Grading (Sec. 7-20-10) (a) Grading and Fill Placement. The applicants agree that all grading and filling associated with this project will take place within the designated activity envelope. (b) Clearing, Grubbing and Vegetation Remova/. The applicants agree that all clearing, grubbing and vegetation removal associated with this project will take place within the activity envelope depicted on the site plan. (c) Tree Removal and Mitigation. No trees that are 6" or larger D.B.H will be removed as a result of this project. There is one 8" pine tree that is located within the proposed activity envelope, near Owl Creek. However, the applicants will ensure that the pipeline skirts this tree so it will not be removed as a result of this project. (d) Protection of Natural Terrain. The applicants agree to follow those design and construction techniques that may be recommended by the County Planning Engineer or the Community Development Director to mitigate any physical or visual damage from the proposed development. This shall include, but not be limited to: • Revegetation of the areas disturbed by the installation of the proposed water line and spring box. Disturbed areas will be re-vegetated within thirty (30) days after completion of construction by applying native seed mixes and fertilizerto disturbed areas and by mulching seeded areas with straw as necessary. Any riparian vegetation that is removed will be replaced with similar types of riparian species. • Removing and saving topsoil prior to any mass grading or excavation, and replacing it following construction; • Employment of appropriate weed prevention techniques that are consistent with the provisions of the 2006 Revised Pitkin County Weed Management Plan; and • Following the County's adopted erosion and sedimentation control and stormwater management standards. Sediment barriers will be placed on-site as necessary to control the impacts of soil disturbing activities (see Section II.C, below). Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 4 B. Steep and Potentially Unstable Slopes (Sec. 7-20-20) Section 7-20-20 of the Land Use Code provides standards for development on slopes of 15% to 30%, 30% to 45%, and 45% and greater. The proposed site plan depicts topography along the water line alignment, illustrated as two foot (2') contours. A desk-top analysis of the slopes along the alignment demonstrates that the entire alignment crosses relativelygentlystopes, none of which are in excess of 30%. Therefore, all proposed development will occur on slopes of less than 30%, as permitted by Sec. 7-20-20 (d) of the Land Use Code. No development is proposed on slopes in excess of 30%on the subject property. Therefore, no further response to the provisions of Sec. 7-20-20 (b), (c), or (e) of the Code is required. Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 5 ~€~t~~08 C. Water Courses and Drainage (Sec. 7-20-30) (b) Encroachment or Channeling. There will be a temporary alteration of the stream channel to divert the stream flow while the crossing is accomplished. This work will be conducted during the low flow period of late summer/early fall using temporary fill materials that divert the flow into a flexible pipe. Once the pipeline crossing is completed the original channel conditions will be re-established. (c) Drainage. Installation of the water line will not alter drainage characteristics in any manner. The alignment will be filled and graded back to its pre-construction conditions and will be properly re-vegetated to ensure that there is no change to existing runoff volumes or flow patterns. (d) Groundwater. No activities are proposed that would interfere with groundwater recharge or pollute groundwater. No contaminants will be introduced to groundwater as a result of the proposed development. (e) Irrigated Areas. The proposal will have no affect on water supplies available for irrigation or any water rights. (f) Irrigation Ditches. The pipeline will cross the Wenger Ditch. The ditch channel will be restored to current conditions following installation of the pipeline. (g) Sedimentation. The applicants will comply with the County's standards for controlling sedimentation. A plan will be prepared as part of the earth moving permit application package that locates and describes the erosion and sedimentation control measures that will be installed during construction. Sediment barriers, to include straw bales, silt fences and similar filtering devices will be placed on-site as necessary. Disturbed areas will be re-vegetated within thirty (30) days after completion of construction by applying native seed mixes and fertilizer to disturbed areas and mulching seeded areas with straw as necessary. (h) Water Quality. Section 7-20-80 (c) (1) provides an exception from the buffer standards for utility crossings and water diversion facilities. The proposed mitigation measures for locating the facilities within the buffer are described in Section II.Fof this application. The applicants agree to comply with any federal or state statutes concerning the protection or enhancement of water quality that apply to the proposed development. This includes the submission of required applications for permits or determinations of exemptions from the U.S. Army Corps of Engineers (see Exhibit #4) and State of Colorado. (i) Efficient Water Use. The applicants will comply with this standard. Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 6 O~li'~09 D. Floodplain Hazards (Sec. 7-20-40) The review standards for development in floodplain hazard areas are found in Section 7- 20-40 (b) (2) of the Code. Following are the applicants responses to these standards. (1) All activity and development is prohibited within the 100 year floodplain except as specifically permitted in this subsection (b) or by subsections (c), (d), or (e), below. Response: Sopris Engineering has reviewed the FEMA floodplain hazard maps. They have determined that this portion of Owl Creek is not designated as being within the mapped 100 year floodplain hazard area. Therefore, none of the proposed development activities would occur within the 100 year floodplain. (2) Within the 100 yearfloodplain, no use, fill, construction, excavation, embankment, or alteration on or over any portion of the floodplain shall be permitted that would result in any of the following: (a) The storage or processing of materials thatin times of flooding are buoyant, flammable, explosive, or otherwise potentially injurious to human, animal or plant life. (b) The disposal of garbage or other solid waste materials. (c) The human occupation of structures, either fixed or mobile, permanent or temporary. (d) Substantial solid debris being carried downstream by flood waters. (e) Any obstruction which would impair the flow or storage capacity of a floodplain so as to cause foreseeable damage to others either within or outside of floodplain boundaries. (f) A substantial increase in sedimentation or erosion. (g) The infiltration of floodwaters into on-site water supply and wastewater disposal systems which would impair their functioning or pollute the stream. (h) Damage to or destruction of aquatic ecosystems, including but not limited to, wetlands and riparian habitat areas. Response: The proposed development will not cause any of the above-listed impacts. Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 7 ~Utl 10 E. Wildlife Habitat Areas (Sec. 7-20-70) According to the pre-application conference summary, the property is located within or adjacent to an elk production area. Section 7-20-70 (d) (7) of the Code requires a 1,320 foot (1/4 mile) buffer between any building or structure and a production area. Since the applicants do not propose to develop any structures, this buffer would not appear to apply. Section 7-20-70 (f) (4) establishes the County's standards for development within production areas. Development is prohibited in these areas unless there is no portion of the site. The applicants contacted the staff to clarify the mapping for the property and was informed that the development area is mapped as being adjacent to, not within, an elk production area. The applicants have also obtained a letter from Jonathan Lowsky of Colorado Wildlife Science, LLC stating that the proposed activity envelope lies to the north of mapped CDOW elk production habitat (see Exhibit #6). Mr. Lowsky also notes that the proximity of the activity envelope to the residential development in the East Owl Creek PUD makes this an area that is unsuitable for elk calving activity. The applicants have also addressed the general standards of the Land Use Code for wildlife habitat areas as stated in Section 7-20-70 (c) of the Code. Following are the applicants' responses to these standards. 1. When existing native vegetation must be altered within the Activity Envelope, the applicant maybe required to prepare a habitat mitigation plan acceptable to the County. Such mitigation plan may substitute (in a nearby area on the subject property) vegetation equal in type and quantity to that being removed to mitigate effects on wildlife species. Should there be no opportunity on the property for habitat mitigation or restoration, off-site mitigation benefitting the same species may be required, or financial mitigation may be paid into a County habitat mitigation fund should such a fund be established in the future. Response: The letter prepared by Resource Engineering explains that there will be minor temporary disturbance to 0.020 acres of wetland vegetation due to the construction and permanent disturbance to 0.0005 acres of wetland vegetation due to the larger spring box. The applicants agree to replace any wetland vegetation that is removed with similar types of wetland vegetation. The applicants will submit a landscape plan with the earth moving permit application that illustrates the replacement vegetation that will be planted, if so required by the County. 2. Manipulation of vegetation outside of the Activity Envelope is prohibited. Response: The applicants will comply with this requirement. Sunshine Ranch Water Line Replacement ActivityEnvelope and Site Plan Review Page 8 ~i)U 11 3. Mesh or woven wire fences are prohibited outside of the Activity Envelope. Response: The applicants will comply with this requirement. 4. Wood rail fencing shall employ three rails or less, be the round or split rail type, shall not exceed fifty-four(54) inches in height above ground level and 12 inches in width (top view) and shall have at least eighteen (18) inches between two of the rails. Response: Not applicable to this application. 5. Wire fencing must be Three strand or less. The top wire shall be twelve point five (12.5) gauge twisted barbless Type at a maximum height of forty-two (42) inches. The middle strands (which maybe barbed) should be located a minimum twelve (12) inches apart and from the top wire preventing entanglement when mule deer jump over. The bottom strand should be sixteen (16) inches from the ground. Response: Not applicable to this application. 6. Tall, overly mature trees and sfanding dead trees (snags) should be retained at the rate of two (2) to five (5) per acre whenever possible as nesting or perching habitats. Response: The applicants will comply with this requirement. 7. In areas of high black bear activity, fruit bearing trees and shrubs shall be prohibited within the Activity Envelope. This does not include pre-existing native trees and shrubs. Response: No fruit bearing trees or shrubs will be planted on this property. 8. Development shall be clustered to the maximum extent possible to minimize impacts on wildlife. Response: Not applicable to this application. 9. Access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife. Response: The applicants will comply with this requirement. 10. Trash/garbage shall be kept in an approved bear resistant container or enclosure. Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 9 Response: The applicants will comply with this requirement. 11. Bird feeders, including hummingbird feeders, shall be hung away from any deck or window, and be at least ten (10) feet from the ground suspended between two (2) trees or posts. All seed feeders shall include a seed catchment pan to catch discarded seeds. 12. Horse grains, pellets, and cookies shall be stored in bear resistant containers or enclosure. 13. Pet food shall not be left outside. Response: The applicants will comply with each of these requirements. Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 10 i~~u~~13 F. Riparian and Wetland Areas and Buffers (Sec. 7-20-80) Section 7-20-80 (c)(1) of the Land Use Code establishes an exception from the County's 100' riparian area/wetland buffer for certain types of infrastructure including "bridges, roads, paved and gravel trails, utility crossings, existing overhead utility lines, irrigation devices, waterdiversion facilities, culverts, flood control structures and otherstructures... The proposed replacement of the water line and spring box quality for this exception. The section goes on to state that the exception may be granted "upon a finding that there is no feasible alternative location and that any adverse impacts will be adequately mitigated as required by subsection (d) below". There is no feasible alternative location for the proposed water line crossing and spring box replacement as these must be accomplished within the easement and water source that have been granted to the applicants and must be consistent with the terms and conditions of the decree for the water rights from the spring. The applicants' responses to the mitigation standards of subsection (d) follow below. (1) Utility corridors in buffer areas shall be located at the outside edge of the buffer. Response: The utility corridor has been located within the legal easementgranted to Ms. Crown. (2) Access roads for utility maintenance shall be located outside the buffer area. Response: Mandalay Road provides access to the spring box. No changes to this road are proposed. (3) Access for utility maintenance in buffer areas should be at specific points rather than parallel to the utility corridor. Response: The access is at a specific point that is not parallel to the utility corridor. (4) Development shall incorporate specific measures designed to reduce erosion and prohibit sedimentation; no development that will increase stream sedimentation and suspension loads shall be permitted. Response: Sediment barriers, to include straw bales, silt fences and similar filtering devices will be placed on-site as necessary. Disturbed areas will be re-vegetated within thirty (30) days after completion of construction by applying native seed mixes and fertilizerto disturbed areas and by mulching seeded areas with straw as necessary. Any riparian vegetation that is removed will be replaced with similar types of riparian species. Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 11 ,~ 1 't; i/I,i ;A~q (5) Development shall comply with Sec. 7-20-30and those stream setbacks contained in Table 5-1. Response: The applicants have demonstrated compliance with Sec. 7-20-30 in Section II.C of this application. As explained above, the proposed activities qualify for an exception from the stream setback standards. (6) Removal or disturbance of vegetation in riparian and wetland bufferareas shall be avoided to the maximum extent practicable. Response: The applicants agree to comply with this requirement. This has been demonstrated in the application letter to the Corps of Engineers that is attached as Exhibit #4, which indicates that the permanent disturbance to wetland vegetation will be approximately 0.0005 acres (approximately 20-25 sq. ft.) due to the new, larger spring box. The applicants also agree to flag wetland areas prior to construction and to ensure that temporary fill is not placed on wetlands during construction. (7) Areas where vegetation in wetland or riparian bufferareas is disturbed or removed shall be revegetated as quickly as possible, but in no event later than one growing season following conclusion of construction activities in the area. Response: The applicants agree to comply with this requirement. (8) Channelization of stream is prohibited; development shall be designed to fit the channel rather than allowing changes in the channel in order to fit the development. Response: No changes will be made to the stream channel. The water line will be installed below the channel of Owl Creek. (9) Perennial stream channels shall be bridged whenever possible; when this is not practicable culverts shall be designed to avoid plugging and prevent washouts. Response: The water line will be installed below the channel of Owl Creek. (10) Development shall not result in the raising of water temperatures. Response: There will be no change to water temperatures as a result of this project. (11) Alterations to stream channels shall be prohibited unless it has been satisfactorily demonstrated that ... Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 12 J~3U"~15 Response: There will be a temporary alteration of the stream channel to divert the stream flow while the crossing is accomplished. This work will be conducted during the low flow/dry period of late summer/early fall using temporary fill materials that divert the flow into a flexible pipe. Once the pipeline crossing is completed the original channel conditions will be re-established, ensuring that there is no permanent alteration of the stream channel. Sunshine Ranch Water Line Replacement ActivityEnvelope and Site Plan Review Page 13 e/a~U>16 G. Scenic View Protection (Sec. 7-20-120) 1. Theproposeddevelopmentshallutilizeexistingtopographyandnaturalvegetation, such as ridges, hills and existing trees, to screen buildings to the maximum extent practicable. Response: No buildings are proposed. The water line will be installed under ground and the disturbed area will be re-vegetated, so there should be no long term scenic impacts from the proposed development. 2. The proposed development shall avoid the location of structures within the Scenic View Protection Areas and shall avoid the location of structures within any Viewplane identified in the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan, if possible. If location outside of the Scenic View Protection Area and defined viewplanes is not practicable, then the proposed development shall not be located on the highest ground or most visible portion of the site as viewed from those corridors listed above. 3. The proposed development's height and bulk shall be designed to avoid, to the maximum extent practicable, the visibility of buildings from those corridors listed above. This may include, but shall not be limited to, breaking the mass of the building down into a series of smaller forms, articulation of the building facades to avoid a wall or row effect, and staggering rooflines to avoid a long unbroken plane. 4. The proposed structure shall be placed so that it does not project above a ridgeline such that a structure silhouettes against the sky when viewed from those corridors listed above, unless there are no alternate building sites on the lot or parcel. Response: No structures are proposed. 5. The proposed development shall be designed to compliment the natural topography of the land through the use of techniques such as earth sheltered design, the use of natural materials and coloring, the use of low-reflectance materials, or clustering of structures on the least visible portions of the site. When a building is proposed near a ridgeline, then its form (particularly its roof form) shall replicate, parallel or compliment the natural form of the ridgeline so that it appears to be an element of the natural ridgeline. Response: The water line will be buried. 6. The proposed development shall preserve natural vegetation and avoid Sunshine Ranch Water Line Replacement ActivityEnvelope and Site Plan Review Page 14 ~~~1 l'd development within irrigated meadows to the maximum extent practicable. Response: The alignment traverses the irrigated meadows on Lots 1 and 2 of Owl Creek Meadows. These meadows will be temporarily disturbed but will be re-vegetated within thirty (30) days after completion of construction by applying native seed mixes and fertilizer to disturbed areas and by mulching seeded areas with straw as necessary. 7. The proposed development shall install utilities in locations and through procedures that minimize visual impacts to the maximum extent practicable. Response: The proposed utility line will be buried. 8. All satellite dishes in the proposed development shall be located to minimize visibility from those rights-of--way listed above and shall use earth tone colors and/or screening to minimize their visual impact. Response: Not applicable. 9. The proposed development shall not utilize earth moving and berms as the primary means of compliance with these regulations, but earth moving maybe utilized in conjunction with other techniques fo comply with the standards of this section. Where earth moving techniques are necessary, man-made forms should be undulating and natural in appearance. Response: Earth moving and berms are not proposed as the means of complying with these regulations. 10. In the Rural Area only, development shall be located so that activities and development occur in at least one of the locations specified in subsection (f) as they may apply to the particular property. Response: Not applicable. 11. The exteriorof all development shall be built or painted with indigenous earth tone materials or colors. Response: Not applicable. 12. All roofs shall have anon-reflective color or composition. Reflective roof materials shall not be used unless the materials are treated prior to installation to eliminate reflection, with the exception of materials associated with solar or photovoltaic equipment. Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 15 ~~(.3;18 Response: Not applicable. 13. Lands disturbed by earth moving or berms should be revegetated using native species that are already growing on or near the site. Topsoil shall be stockpiled and placed on disturbed areas. Irrigation shall be provided to the revegetated areas if it is necessary to ensure the survival of planted native species. Response: The applicants will comply with these requirements. 14. To the maximum extentpracticable, roads and driveways shall be located to skirt the edge of avoid dividing meadows and pastures and to avoid major road cuts. Roads and driveways should take advantage of the screening potential of natural topography and existing vegetation. Existing roads and driveways shall be used where practical. To enhance screening, a row of trees maybe planted along the roads or driveways. To the maximum extent practicable, roads and driveways located around the edge of or in meadows shall be laid out with soft, curving edges and shall avoid straightline corridors thatare incongruous with the natural setting. Response: Not applicable. Sunshine Ranch Water Line Replacement Activity Envelope and Site Plan Review Page 16 H. Landscaping and Vegetation Protection (Sec. 7-20-130) Following are the applicants' responses to each of the standards in this section: (b) General Provisions 1. Protection of Natural Vegetation. The applicants will preserve natural vegetation, except for that vegetation within the activity envelope that must be disturbed to install the water line and spring box. As described elsewhere, disturbed areas will be re-vegetated by applying a native grass seed mix. Any riparian vegetation that is removed will be replaced with similar types of riparian species. 2. Conformance With Wildfire Regulations. There is no conflict between the County's wildfire regulations and the requirement to protect natural vegetation on this site. 3. Berms. A berm is not proposed for this site. 4. Landscape Enclosures. Landscaping is not proposed to be used to enclose the boundary of the parcel. 5. Visibility Clearance. No landscaping is proposed where it would inhibit the visibility of drivers. 6. Utility Easements. Landscaping will not be installed over a utility easement. 7. Financial Security. The applicants request that no financial security be required for this project. 8. Maintenance. If the native grass seed does not take or the riparian vegetation that is planted does not survive, the applicants will re-seed the appropriate areas or will replace materials that have not survived with healthy plants. (c) Required Landscaping in Rural Areas 1. None of the purposes for which landscaping is required in the Rural Area apply to this proposal. 2. The proposed re-vegetation plan does not propose that trees or shrubs be installed and instead relies primarily on native grass mixes and riparian species. Sunshine Ranch Water Line Replacement ActivltyEnvelope and Site Plan Review Page 17 t~ t lS :. c i) III. VESTED RIGHTS Pursuant to Section 2-20-170 of the Pitkin County Land Use Code, the applicants hereby request that this development, including the designation of the Activity Envelope and approval of the Site Plan, be granted vested rights status. IV. CONCLUSION The applicants have responded to all applicable criteria of the Pitkin County Land Use Code, pursuant to direction given during the pre-application conference. Sufficient evidence has been provided of the project's compliance with said criteria, and commitments have been made to insure that the proposed development will mitigate its development impacts. The applicants will respond in a timely manner to requests by any reviewing agency for additional information, or clarification of the statements made herein. Sunshine Ranch Water Line Replacement ActivityEnvelope and Site Plan Review Page 18 u~iJ~ZI EXHIBITS ut:'i~;22 EXHIBIT #1 NO CONSIDERATION CONVEYANCE. RECORDING REQUESTED BY: AFTER RECORDING, RETURN Tb: K.O. MEEI-IAAi Gould & Ratner 222 N. Lasalle St. Suite 800 Chicago, Il 60607 I~I~III III ~II66II~~~I~~~~~~N~'I~~IIII 50880 6 01:i6P SILYIA DNVIS PITNIN COtlNTY CO R 11.00 ~ 0.00 COLORADO -QUITCLAIM DEED Recorded at _ Reception No. o'clock ,_M., Recorder. Qultctaim Deed This deed, Made this 1~` day of February, 2005, between Susan Crown whose address is 222 N. LaSalle Street, Suite 2000, City of Chicago, County of Cook and State of Illinois, grantor, and John A. Washburn, whose address is 222 N. LaSalle Street, Suite $00, City of Chicago, County of Cook and State of Illinois,. grantee; Witness, that the-grantor, for and inconsideration of the sum of Ten and no/100 Dollars ($] 0.00), the receipt and sufficiency of which is hereby .acknowledged, has granted, bargained, sold aad conveyed, and by these presents does, quitclaim to the grantee, his successors and and assigns fortver, atl the right title and interest which the grantor has. in and to the coal property, together with improvements, if any, situate, lying and being in the County of Pitkin and State of Colorado, described as follows: A tract of land being part of Lots 9, 10,.13 and 14, and the West %x of the SE'/,, in Section 4, Township 10 South, Range 85 West. of the 6s' P.M., more fully described as follows: Beginning at a point on the South fence of Owl Creek Road from which the East'/. comer of said Section 4 bears North 89°01'11" East 2,b34.66 feet; thence South 09°58'25" East 72,40 feet; thence South 07°!5'51" Wesi 139;90 feet; thence South 11°11'35" West 257.65 feet; thence North 89°59'55" West 349.75 fcet; thence North 07°32'35" East 455.73 feet to the South fence of said Owl Creek Road; thence South 89°5747" East 166:98 feet along the South fence of Owl Creek Road; thence South 89°35'55" East 189.88 feet. along the South fence of Ow! Creek Road; thence North 76°21'41 "East 37.18 feet along the South fence of Owl Creek Road to the point of beginning. TOGETHER with an easement for the construction, installation, repair, replacement and maintenance of a pipe-line across said Lot 14 and the Easterly portion of Lot 13, in said ~.: 1.31i,'J In Section 4, from said spring and in a Northerly direction to the South line of the above described tract, as granted in Deed recorded September 29; 1967 in Book 229 at Page 466; with all its appurtenances; also known by street and number as 2298 Owl Creek Road, 5nowmass Vil}age, Colorado, parcel number: 273504300408. Together with al l the hereditaments and appurtenances thereunto belonging, thereof, and all the estate, right, title, interest and claim whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises. To have and to hold the said premises above bargained and described, with the appurtenances, unto the grantee, his successors and assigns forever. The singular number shall include the plural, the plum[ the singular, and the use of any gender shall be applicable to all genders. In witness whereof the grantor has executed this deed on the date set forth above. ~~ Susan Crown } ss. J STATE OFtLLINOIS ) IIIIp~~~~~~I~~I~III~11~1~~II~~ 5~.S8a 0 03:4aP COUNTY OF COOK ~ SILVIA DRVIS PIMIN CON37Y CO R 11 .aE O 0. a0 The foregoing instrument was acknowledged before me this 1st day of February, 2005, by Susan Crown. Witness my hand and. official seal. OFFICIAL SEAL KAREN OSIECKt 1tEEHAN NC/rARY PUBIiG, STATE Or:aLIN01S NYCOttW413SX)N EXPoFES 227.2307 MY commission expires _~ ?/ 2v07 Notary Public SUS-29-2085 15:.14 FROM:HOt_LRNp & fgRT 9709259415 70:3122363241 I~'~uu1 'I~~ 1 I Iryp,~ i~'iIi~ tuu~,~fi P.2 6 ~I~~II "ff1 ~N7,I1~~~Nl ~~~~~1 ~z3200,509-12f SILVIgDgVld. P[TKTN CPUNTY CO R t6.00 D 0.00 COLORADt) - d tT LAlM DEED This deed, made as of the 1st day of February, 2005, between Susan Crown, whose address is 222 North GaSape Streel, Suite 2000,. City of Chicago, County of Cook and State of ltlinois, .grantor, and John A. Washburn., whose address is 222 North T aSalle Street, Suite 800, City of Chicago,. County of Cook and State of lllinais, grantee. Witness, that the grantor, far and in coasideratian of the sum of 'fen and no/100 Dollars (510.00), the receipt and sufFicien~y of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by those presents does,quitc-aim to the grantee, his successors and assigns foreveq all the right, title and interest which the grantor has in and to all water rights appurtenant to or historically used in connection with the property described on Exhibit A attached hereto and made a part hereof by this reference, including, without limitation, the following specifically described water Tights: {a) 0.25 cfs of rite Willow and Owl Ditch, Priority No. 160, decreed by the Ciurfield County District Court for 13 cfsfor lrrlgativn purposes with an appropriation date of July 20, 1886, the source of which is Wil}ow and pw1 Creeks; {b) the Ecrnard Stapleton Spring No. I, decreed by the District Court in and for Water Division No. 5 in Casa No. W-1517, for .09 ofs, for domestic, swck water and other beneficial uses, with nn appropriation data of July 1, 1943, the Point of diversion being located an Lot t4, 8ecrion 4, T. 10 S., R. 85 W., 6th P.M. at a point from which the Witnesx Corntr to the South Quarter corner of suid Section 4 bears S. OS°37'05" E. a distance of 753,85 foci; And together with an easement !'or consiruetion, installation, repair, replacement, and maintenance of a pipeline acrosx said Lot 14 and the F„asterly portion of T,ot 13 in said Section 4 from said $ernard Stapleton Spring No. i and in a Northerly direction to the South line of the trees described in Exhibit A with all its appurtenances Togetltet with ail the hereditaments and appurtenances thereunto belonging, thereof, and al) rite estate, right, title, interest and claim whatsoever of the grantor, either in !aw or equity, of, in and to the above bargained premises. To have and to hold the said premises above bargained and described, with the appurtenances, unto the grantee, his successors and assigns forever. :;i1~~t25 JUL~28-2005 15:14 FROM:t93_LgF~ g HART 9709259415 Ttl:3122363291 ~ P.3 6 !~'I~Ii~I~~~~~I~~I~II11~I~ 5~3 Z33' SILVIP OAV[5 PIiKIN CWNTY CO 08/22/2005 09:IZf R 16.00 D0.@@ The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. is wetness whereof the grantor has executed this deed as of the data set forth above. ~`-~-'s-~~J Susan Crown STATE OH /t~ia,~~/5 ) I SS. COUNTY OF c~,~oie ) The foregoing insrrurnent was acknowledged Ixforo me this /7rh day of August, 2005, by Susan Crown. Witness my hand and official seal. My commission expires: Z/Z//~7 OFFICIAL SEAL -~~f~i*~2c,/ KAREN OSIECKI IA££NAN iVotary Public )gTMt PUSUC SLATE ~ IWNa3 MYGCMIOSSION ErPIRE32.21.2007 •~ r JUL-29-2085 15:14 FR(]M:HOL!_RMt3 8 HRRT 9704259415 70:3122363241 1 ~'uI IIry'I ~lt~/' /I~'tIp'~rgf ~I P. 4~6 II~I~~~~~NIIN~IIII~IIIII„IIII~IIIIi'N 0893 2005 09 12f SSL41R 6gVf8 PITXIN COIRtrTT CO p 16.00 0 0.00 EXHIBIT A REAL PROPERTY TSESCRIPTION A tract of land being part of Lots 9, lA, 13 and I4 ,and the West I (2 of the SE 1l4, in Section 4, Township 10 South, Range 85 West of the 6th P.h4., more fully described as follows: Beginning at a point on the South fence of Owl Greek Road from which the East 114 corner of said Section 4 bears North 89°t) t' I !"East 2,634.66 feet; thence South {)9°58`25" East '72.40 feet; thCACC SOUth OT°15'Sl•' West 139.90 feet; thence South 1 L°11'35" West 257.65 feet; thence North 89°59'55" West 349.75 feet; thence North t)I °J2'3S" Last455.73 1'tet to the South fence of said pwl Creek Road; thence South 89°57'47" East 166.98 feet along the South fence of pwl Creek Road; thence South 89°35'55" East 1$9.8$ feet along the South fence of OwI Crcek !toad; thence North T6°21'41" East 37.18 feet along the South fcnoe of Owl Creek Road to the point of beginning; 311 t077_1.D0(,; U l3V JG~ RECEPTIONM: 551232, 07/18/2008 at 03:19;36 PM, 1 OF 3, R $16.00 OF $660.46 Janice K. Vos Caudill, Pitkin County, CO RECORDING REQUESTED $Y: AFTER RECORDING, RETURN TO: K.O. MEEHAN Gould & Ratner 222 N. Lasalle St. Suite 800 Chicago,ll 60601 COLORADO -QUITCLAIM DEED Rewrded at _ Reception No. o'clock _M., Recorder. Quitclaim Deed This deed, made as of this 1 St° day of July, 2006, between John A. W ashbum whose address is 222 N. LaSalle Street, Suite 800, City of Chicago, County of Cook and State of Illinois, grantor, and Amy M. Blumenthal whose address is 222 N. LaSalle Street, Suite 800, City of Chicago, County of Cook and State of Illinois, grantee: Witness, that. the grantor, .for and in consideration of the sum of Ten. aad no/100 Dollars ($ ] 0.00), the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by those presents does, quitclaim to the grantee, his successors and aasigos forever, a 25.546% tenancy in common interest in and to the real property, together with improvements, if any, situate, lying and being in the County of Piddn and State of Colorado, described as follows: PARCEL I: A tract of land being part of Lots 9, ] 0, 13 and 14, and the West h of the SE '/+, In Section 4, Township 10 South, Range 85 WesYOf the b'" P.M., more fully described as follows: Beginning at a palm onthe South fence oFOwl Creek Road from which the East '!, comer of said Section 4 bears North 89°01'11" East 2,634,66 feet; thence South 09°58'25" East 72.40 feet; thence South 07°15'51" West'139.90 feet; thence South 1 I°11"35" West 257.65 feet; thence North 89°59'SS" West 349.75 feet; thence North 01°32'35" East 455.73 feet to the South fence of.said Owl Creek Read; thence South 89°5747" East 166.98 feet along the South fence of Owl Crcek Road; thence South 89°35'55" East 1$9.88 feet along the South fence oFOwl Creek Road; thence North 76°21'41 "East 37.18 feet along the South Fence of Owl Creek Road to the point of beginning. TOGETHER with an easement for the constnution, installation, repair, replacement and maintenance of apipe-line across said Lot 14 and. tho Easterly portion of Lot 13, in said 9°1141.1 011°0.011 RECEPTION#: 551232, 07/18/2009 at 03:19:36 PM, 2 OF 3, Janice K. Vos Caudill, Pitkin County, CO Section 4, from said spring and in a Northerly direction to the South line of the above described tract, as granted in Deed. recorded September29, 1967 in Book 229 at Page 466; with all its appurtenances; PARCEL 2: All water rights appurtenant to or historically used in connection with the property described on Exhibit "A", attached, including, without limitation, the following specifically described water rights: a. D.25 cfs of the Willow and owl Ditch, Priority No. 160, decreed by the Garfield County District Court for 13 cfs for irrigation purposes with an appropriation date of July 20, 1886, Ehe solace of which is Willow and Owl Creeks; b, the Bernard Stapleton Spring No. 1, decreed by the District Court in and fox Water Division Na. 5 in Csse No. W-1517, for .09 cfs, for domestic, stock water and other beneficial uses, with an appropriation date of July 1, 1943, the point of diversion being located on I,ot 14, Section 4, T. 10 S, R.85 W., 6i° P.O. at a point from which the Witness Corner to the South Quarter comer of said Section 4 bears S. 05°37'05" E. a diskance of 753.85 feet; And together with. an easement for constnretion, installation, repair, replacement and maintenance of a pipe-line across said Lot 14 and the Easterly portion of Lot 13 in said Section 4 from said Hemard Stapleton Spring No. I and in a northerly direction to the. south tine of the tract described in as follows; A tract of land being part of Lots 9, t0, 13 and l4 and the West '/~ of the SE t!4 , in Section 4, Township 10 South, Range 85 West of the 6a' P,M, more fully described as follows: Beginning at a point on the South fence of Owl Creek Road from which the East '/, corner of said Section bears North 89 degrees 01 minutes 11 sceonds East 2,534.66 feet, thence South 09 degrees 58minutes 25 secwxis East 72.40 feet; thence South 07 degrces 15 minutes. 51 seconds East 139.90 feet; thence South l I degrees 11 minutes 35 seconds East 257.65 feet; thence South 89 degrees 59 mirttttes SS seconds East 349.75 feet; thence South Oi degrees 32 minutes 35 seconds East 453.73 Feet to the South fence of said Owl Creek Road; thence South 89 degrees 57 minutes 47 seconds East 166.98 feet along the South fence of Owl Creek Road; thence South 89 degrees 35 minutes 55 seconds East 189.88 feet along the South fence of Owl Greek Road; thence South. 76 degrees 21 minutes 37 seconds East 189.88 feet along the South fence of Owl Creek Road to the point of beginning, RECEPTIONk: 551232, 07j18/2008 at 03:19:36 PM, 3 OF 3, Janice K. Yos Caudill, Pitlcin County, CO also known by street and number as 2298 Owl Creels Road, Aspen, Colorado, Parcel number: 273504300008. Together with all the hereditaments and appurtenances thereunto belonging, thereof, and ali the estate, right,. tide, interest and claim whatsoever of the grantor, either in law or equi ty, of, in and to the above bargained premises. To have and tohald the said premises above bargained and described, with the appurtenances, unto the grantee, his successors and assigns forevar. The singular number shall include the pl[us], the plurai the singular: and the use of any gender shall be applicable to all ganders, In witness wbereof the grantor has executed this deed an the date set forth above. ~~L- 4 ~ ~ ohn A. Washburn STATE OF ILLCNOCS ) ss. GOtINTY OF COOK ) The foregoing instrument was acknowledged before me this I5i4 day ofJuly, 2008, by John A. Washburn. Witness my hand and official seal. KAREN ~ plt! MRIIFiAN tWUiRS'P118~l11U6OP 61MIp19 wyr,~tptroa~es.2t~tt 4.l+sst. ~ ' ~...~._.. Notary Public My commission expires j - t/ ~aI i;0il30 EXHIBIT #2 Mr. Michael Kraemer, Planner Pitkin County Community Development Department 130 South Galena Street Aspen, Colorado 81611 RE: ACTMTY ENVELOPE AND SITE PLAN TO REPLACE CROWN WATER UNE Dear Mr. Kraemer, We hereby authorize Alan Richman Planning Services and Holland and Hart LLP to act as our designated representatives with respect to the land use application being submitted to your office to replace the water line that serves our property, Sunshine Ranch, located at 2298 Owl Creek Road in unincorporated Pitkin County. Mr. Richman is authorized to submit an application for activity envelope and site plan review for this activity. Mr. Richman and Mr. Arthur Ferguson are authorized to represent us in meetings with Pitkin County staff and the County's review bodies. Should you have any need to contact us during the course of your review of this application, please do so through Alan Richman Planning Services, whose address and telephone number are included in the land use appliption. Sincerely, ohn A. Washburn and Amy M. Blumenthal Gould i~ Ratner LLP 222 North LaSalle Street Chicago, Illinois 60601 EXHIBIT #3 PITHIN COUNTY PRE-APPLICATION SUMMARY LOCATION: 2298 Owl Creek Road ZONING: LIR-35 OWNER: John Washburn & Amy Blumenthal REPRESENTATIVE: Alan Richman PHONE: 920.1125 DATE: Mayl, 2009 Type of Application: Activity Envelope and Site Plan Review PID#'s: 273 5 -043 -00-008 EMAIL: arichman(a~sooris.net PLANNER: Mike Kraemer, 920.5482 Description of Project/Development: The Applicant is requesting approval of an Activity Envelope and Site Plan Review to replace a water line. It appeazs the alignment of the current pipe is in close proximity to Owl Creek. Land Use Code Sections to be addressed in letter of request taaalicationl: Sec. 2-30-20(g): Activity Envelope Criteria for Approval; Sec. 7-10-50: Activity Envelope/Site Plan; Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-40: Floodplain Hazazds; Sec. 7-20-70: Wildlife Habitat (mapped in or adjacent to elk production azea); Sec. 7-20-80: River and Stream Corridors and Wetlands; Sec. 7-20-120 : Scenic View Protection Sec. 7-20-130 : Landscaping and Vegetation Protection Staff will refer the application to the following agencies: Owl Creek Caucus, EH/NR, Planning Engineer, and CDOW. Review by: Community Development Director Public Hearing: No. However, the Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Administrative Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by certified mail) to all adjacent property owners and mineral estate owners with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Department. FEES: $3,572 (make check payable to "Pitkin County Treasurer") • Planning Office flat fee: $2,994 (non-refundable; based on 12 hours of staff time. If staff review time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $249/hour) o Planning Engineer: $499 o Web Technology Fee: $25 o Public Notice: $54 To apply, submit 5 conies of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above. 2. 24" by 36" and ] 1"17" Activity Envelope as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); ia~ut;3? 4. Proof of ownership of subject property; 5. Pazcel description, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from all owners to process the application and authorizing the representative (1 copy) 9. Proof of water rights; 10. Easement agreement from adjacent property owners; 11. List of all adjacent property owners and mineral estate owners (1 copy) 12. Copies of this pre-app form NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COP}' OF YOUR COMPLETEAPPLICAT/ON PLEASE SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICAT/ON (/F POSSIBLE). THE PARCEL /Ds SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED !N YOUR.4PPLICAT/ON. - ALL MAPS SHALL BE FOLDED. - This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based an current zoning standards and staffs interpretations based upon representations of the applicant. Additional mjormatian may be required upon a complete review of the application. u ~i)33 EXHIBIT #4 ~~~ I~l L.... ~ V ~ 1~1 V L.~ Ilt~~ >~~sna~ ~~~ E N G I N E E g I N 6 I N C Mark Gilfillan May 27, 2009 Project Manager/Tribal Liaison U.S. Army Engineer District, Sacramento Corps of Engineers Colorado/Gunnison Basin, Regulatory Office 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 RE: Bernard Stapleton Spring No. 1 Pre-Construction Notification (PCN) Nationwide 12 Permit Dear Mark: The purpose of this letter is to provide your office with Pre-Construction Notification (PCN) of planned construction activities associated with the replacement of the existing spring box and pipeline at the Bernard Stapleton Spring No. 1 (Project), in Pitkin County, Colorado. The Project is proposed to occur during the summer and fall of 2009. The Project planned activities include the replacement of an existing spring collection box and water pipeline that supplies water for domestic uses to the residence of Susan Crown (Owner). The Owner is seeking approval to implement this project from the U.S. Army Corps of Engineers (USAGE) under a Nationwide Permit #3 (NWP #3, Maintenance). We believe this Project may proceed under a NWP #3 because it will replace an existing, currently serviceable structure. Furthermore, the replaced spring box and pipeline will continue to supply water for domestic uses to Susan Crown's residence. The existing spring box needs to be replaced because its condition has deteriorated to a point where it can no longer function in an efficient manner. In addition, the spring box cover is missing and thus the collected water may be easily contaminated (please see Photo No 1). The existing water line consists of approximately 1,500 feet of shallow-buried 2-inch stele pipeline. The pipeline is damaged (leaks) and inadequate for the continuation of domestic water supply (please see Photo No 2). A wetlands delineation associated with the proposed Project has been completed by Andrew Antipas Ecological and Environmental Consulting, LLC and Resource Engineering, Inc. (RESOURCE). The study indicates that the proposed activities would have the potential to temporarily disturb approximately 0.020 acre of wetlands. The permanent wetland disturbance would be approximately 0.0005 acre due to a larger spring box. The pipeline that conveys water from the spring box to the Owner's residence crosses Owl Creek. The proposed activities would temporarily disturb approximately 0.003 acre of streambed. No permanent disturbance to the streambed will occur as a consequence of this Project. RESOURCE has prepared a PCN form and several figures to assist in your review. These documents and the associated Wetland Delineation Report are enclosed. Please note that temporary fills will only consist on a temporary embankment to divert flows in Owl Creek around the construction site. Once the pipeline crossing of Owl Creek is replaced and pre- existing channel conditions are re-established, temporary fills will be removed and Owl Creek flows restored. Consulting Engineers and Hydrologists 909 Colorado Avenue ~ Glanwood Springs, 00 59 609 t+ [570] 545-8777 ~ Fax (9701 545-9 9 37 tst~U:;3~s Mark Gilfillan May 27, 2009 Page 2 We look forward to your review of this material. Planned construction activities would not occur unless verification is received from your office that the activities can proceed under the appropriate NWP as identified by your office. Please do not hesitate to contact me with any questions or concerns. Respectfully Submitted: RESOURCE ENGINEERING, INC. Raul Passerini Water Resources Engineer 1208-1.0 gf~aaRESOURCE ~t;'~35 Mark Gilfillan Page 3 note missing lid. 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P- a : z s €k° ~e a ~ t3gg !a w m~~s c@~. '~~c gd § ggg $ a~~e€ ng~ 8'= '~° .gn ~ gg~~ gg~ b °@~°? '~~ .~ a'a."=~ zs a a@a~ ~W . w €ea; ~.$t 3$g €g t tga ~ kh$.e ant ig @~ "s@~ o s~~aan ten g a3a~e tag 3ad'ag 3n w t$E'i ANDREW ANTIPAS Ecofogicaland E~wiroitcsrztctal Cov ' ~ tLG C ~~ October 27, 2008 Raul pasaerini Resource Engineering 909 Colorado Ave Oknwood Springs, CO 81601 Reference: Susan Crown property wetland Delineation pitkin Cornty, CO Dear Mr. pasaerini. ~9FG,~/~ R °~l FU ~o`~ ~n~9i?g~ een~ ~~ On October 8, 2008, I conducted a wetland investigation and delineation on a portion of the Susan Crown property located along Owl Creek, Pitkin County (Sheet 1). The proposed action is to replace a waterline and spring box associated with a spring adjacent to Owl Creek. The proposed disnubance corridor is illustrated on Sheet 2. Jurisdictional wetlands were identified around ffie existing spring box (Sheet 3). Temporary impacts are anticipated to wetlands and waters in the vicinity of the spring box. The majority of the proposed pipeline alignment falls outside of jurisdictional wetlands and waters. Wetland types identified included palustrirn emergent (slope atxi fen wetlands) and palustrine scrublshrub (willow dominated wetland). The May 2006 Interim Regional Supplement to the U3 Army Corps of Engineers WeUa~ Delineation Manual: Western Mountains, Valleys, and Coast Region was utilized to identify and delineate jurisdictional wetla~s within the study area The Army Corps manual utilizes the three parameters of vegetation, sails, and hydrology to identify and delineate wetlands, and requires that these parameters be determined during the growing season. Weber's Colorado Flora of the Western Slope (196'7) was the primary taxonomic reference. and phmt species nomenclature and wetland indicator status follow Reed (1988) for the intermountmn region (Region 8). Bhne pink flags were placed along the wetland boundary within the study area. US Army Corps wetland data shcets arc attached to this letter. A variety of wetland plant species are well established within wetlands and along the riparian zorn of Owl Creek (Table 1). The US Army Corps menus! identifies wetland indicator species as either obligate wetland species (OBE, occur in wetlands 99% of the time), facultative wetland (FACW, occur 6796 of the time or greater), or facultative (FAC, equally likely to occur in wetlands or uplands), facultative uphutd (FACET, occurs in uplands 6796 of the time or greater), upland (CTPL, occurs in uphtnds 9996), or no i~icator (f1I). As can be seen from the following table the majority of the wetland plant species were either FACW or FAC along with some OBL species. NRCS soil survey data indicate Drat the study area consists of Fluvaquent soils on 0 to 10 percent slopes. The Fluvaquent soils are listed as a hydric (wetland) soil found on floodplai~. My soil testing indicated that hydric soils are well developed in wetland and riparian auras. Soil testing revealed low chrome wlors with wetl-0efined mottles. Oxidized rhizashperes (root charnels) and redurxd iron were common in most samples. Soil testing also revealed histic epipedons (organic soil layer) near the existing spring box. V: 970.963.8297 • M:970.948.3446• F:970.704.0305 0285 Crystal Circle • Carbondale, CO 81623 U~t~;;4? Carex aquarilus (water sedge) is a plant species associated with organic soil formation and was founded along with Cardarnine cordifoda (bittercress) in shaded fen life and slope type wetlands (Sheet 3). These wetlands are con.4idered high quality by the Anny Corps of Engineers, and impacts should be avoided or minimized to the greatest extent possible. Wetlands shown in the vicinity of the spring box appear to be Formed in a side channel of Owl Creek. It appears Drat this channei carries surface water during spring runoff periods. Outside of the spring runoff period soils in the channel appeaz to be supplied by a spring, which is also the water supply for the Susan Crown residence. Table 1. Wetland Plant Species Identified within the Study Area Common Name Scientific Name Rretland Indicator Drummonds willow Sa1ix drummondiana FACW+ Twin bevy lanicera involucrate FAC+ Speckled Alder Alms incana FACW Baltic rush Juncos balhcus FACW Water sedge Carex aquatiluv OBL Torry Rush Juncos torreyi FACW+ Skunk Cabbage Veratrum tenuipetalum FACW Scouring rush F.quisetum lavigatwn FACW Monks hood Acordtum columbianwn FACW ' Blue joint grass Calamagrostis OBL canadensis Bittencress Cardamine cordifolia FACW Evidence of wetland hydrology was also prevalent in wetland areas neaz the existing spring box. Test pits were saturated to the surface. Physical indicators of a seasonally high water table included oxidized root chaaneLv, mangacese concretions, and reduced iron Unfortunately, dry season water table conditions made determining the presence of wetland hydrology along the western side of the dirt drive and Owl Creek difficult to determian. Owl Creek was flowing at low autumn levels and there was no water in soil test pits in areas that support wetland vegetation. Soil in test pits was extremely dry and cnrmbled when handled. However, the proposed pipeline alignment is well outside fire potential wetland aeeas (Sheet 2). The proposed disturbance corridor will utilize the existing buried water supply pipe alignment I do not anticipate impacts to wetlands and waters on the western portion of the study area (west of Owl Creek as shown on Figure 2). Any future disturbance closer to Owl Creek will require examination of wetland hydrology during late spring runoff periods and/or early summer. If you have any questions, or require any additional information, please do not hesitate to contact me. Thank you for allowing me to provide wetland-consulting services for this project Very [Wily yours, ~~ ~~ Andrew Antipas ~ltjii";fir EXHIBIT #5 GQI_QRAD© WILDLIFE SCIENCE, L.LC Ecological Research, Management & Consulting June 1, 2009 Alan Richman Richman Planning Services, LLC 201 N. Mill Street, Suite 108 Aspen, CO 81611 Re: Replacement of Existing Spring Box and Pipeline Dear Alan; I have evaluated the proposed activity envelope for the replacement of an existing spring box and pipeline at Bernard Stapleton Spring No. 1 for potential conflicts with elk production habitat. For mapping purposes, CDOW defines elk production areas as follows: "That part of the overall range of elk occupied by females from May 15 to June 15 for calving (CDOW 2008c).° Seidel (19776, 1977a), studied elk calving habitat at various sites in the White River National Forest. He found that cow elk prepare a distinct birthing bed and, for the most pan, return to that bed each year. All birthing beds examined were in ma[ure aspens with a thick understory of shrubs such as chokecherry and snowberry. All beds were located on southeast-facing slopes within 183m (200 yd) of a water source. I have personally evaluated the subject area on more than one occasion for active and potential elk production habitat. Although the area south of Owl Creek Road does contain active elk production habitat, the vegetational characteristics of the proposed activity envelope combined with its adjacency to relatively dense residential development at the East Owl Creek subdivision results in an area unsuitable for elk calving activity. That is not to say that there has never been or never will be an elk calf born in this area, rather, that it is unlikely that the subject area provides the requisite habitat characteristics to provide cows and their calves sufficient hiding and thermal cover. In addition, the proposed activity envelope lies north of CDOW mapped production habitat. If you need any additional information, please let me know Sincerely, COLORADO WILDLIFE SCIENCE, LLC ~~ ~C~ ~~O~~tthan-I;6wsky Wildlife Biologist/Principal 0100 Elk Run Drive, Ste 126A • Basalt, CO 81621 • Phone: 970.927.4549 • Email: jonathan~~ColoradoWild]ifeScience.com MAPS AND DRAWINGS ~~ii".4~ C O W ~ ~ ~ O ~ z N N j N~~sa ~ i L ~- J. 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Y'Y 2 22 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 222 2 2 2 2 m y y y y y y y m y:, yl yy y m y y a y y j d~ 0 g • 0 9 0 ~ N 9 ~a ~ `i w H G `v G Y n b'OA ~ ~ d ~ m ~' y 0 d N ~ ~ G 0 d b d ~ 4 ~ ta a ~.ab `~~`] b u; ~ `~ 9o O u A ti N c: b q G ~ G ~ O s ` ~In m ~ V m e w ° @ u 2 i m ~ °a o m!a: b 0 0 u w 0 v ~c N q M O O i V 00 w F~ u, -~V r tu ~ 0 ~5 d b u o m b O OH l 1~~ b F a Y O F a Y ~' v O' m 4N h W H 0 ~ h Gi n FIV H ,',y m a O G H g N Y N W 4 b O F~a Y Vm b 4 a Y N ~ E: U \ a a ln nl n y m 2 s s s s x a s i x x x'~Ixa x x ~ y a ? > ,, G A a m Ma a y' ma n s '< a a i s i h .i ~ RECORDING REQUESTED BY: WHEN RECORDED, RETURN TO: Arthur Daily, Esq. Holland & Hart LLP 600 East Main Street Aspen, Colorado 81611 WE HEREBY CERTIFY THIS TD BE A TRUE AtJD CORRECT COPY DF THE ORIGINAL DOCUMENT. PITKIN COUNTY TITLE, INC. BY ~~~-ti~ GENERAL WARRANTY DEED t' J Sunshine Ranch, LLC, as Grantor, for TEN DOLLARS ($10.00) and other good and valuable consideration, in hand paid, hereby sells and conveys to Susan Crown, whose address is 222 North LaSalle, Suite 2000, Chicago, Illinois, 60601, as Grantee, the following real property in the County of Pitlcin, State of Colorado; to wit: A tract of land being part of Lots 9,10,13 and 14, and the West''/Z of the SE'/4, in Section 4, Township 10 South, Range 85 West of the 6`~' P M more fully described as follows: Beginning at a point ou the South fence of Owl Creek Road from which the East'/< corner of said Section 4 bears North 89°01'11" East 2,634.66 feet; thence South 09°58'25" East 72.40 feet; thence South 07°15'51" West 139.90 feet; thence South 11°11'35 West 257.65 feet; thence North 89°59'55" West 349.75 feet; thence North Ol°32'35" East 455.73 feet to the South fence of said Owl Creels Road;~Suu..-~-h thence 89°57'47" East 166.98 feel along the South fence of O\vl Creels Road; thence South 89°35'55" East 189.88 feet along the South fence of Owl Creek Road; thence North 76°21'41" East 37.18 feet along the South fence of Owl Creek Road to the point of beginning. ,,.`TOGETHER with an easement for the construction, installation, repair, replacement and maintenance of apipe-line across said Lot 14 and the Easterly portion of Lot 13, in said Section 4, from said spring and in a Northerly direction to the South line of the above described tract, as granted in Deed recorded September 29,1967 in Book 229 at Page 466. with all its appurtenances and warrants title to the same SUB.IECT TO AND EXCEPTING: Taxes for the year 2002 due and payable in 2003 and all subsequent years not yet due or payable. 2. Inclusion of said real property within any special taxing district. 3. Thnse matters identified on EsL*ihit" `,t" zt*_acl:ed here*.o a~.d i:~carpcrated hcreir. by this reference. Signed this ~ day of September, 2002. SUNSHINE RANCH, LLC By' - - ~ -~~ Name: Sam Georges Title: Manager D:\NRPORTBL\IMANAG E\J ROTHSTEIN\79861 1.DOC O~ EXHIBIT "A" .. ... 1. Right of the proprletor pf a vein or lode to extract or remove his ore .therefrom, should the same be found ~ to penetrate or Intersect the premises hereby granted as reserved In United States Patent recorded March 29, 1699 In Bcok 55 at Page 491, 2, Right of fife proprletor of a vein or lode to extract or remove his ore therefrom, should the same be lound to penetrate or Intersect the premises hereby granted as reserved In United States Patent recorded September 11, 1902 In Book 65 al Page 505. 3. Easement and right of way as granted to The Mountain States Telephone and Telegraph Company In Instrument recorded September 5, 1967 In Book 229 a1 Page 58. 4. Terms, oondltionsj provisions and obllgatlons as set forth In Right of First Refusal Agreement recorded October 21, 1968 In Book 236 at Page 916, Assignment thereto recorded February 11, 1991 In Book 639 at Page 360, Assignmeht thereto recorded April 15, 1991 In Book 644 at Page 70, Right of First Refuel Agreement recorded November 1 B, 1997 as Reception No. 41071q and Amendment (hereto recorded December 30, 1997 as Reception No. 412058. 5 Terms, condltlons, provisions and obllgatlons as set lorth In Easement Agreement recorded November 18, ~ 1997 as Reception No. 410713. r 6.~ Terms, conditions„ provisions and obligations as set forth in Determination of the Hearing Officer of the Comunlry UeveloPmenl Department, Pitkln County recorded March 17, 1998 as Reception No. 414565. 7 , Terms, conditions, provfslons and obligations as set forth in Determination recorded May 9, 2002 as Reception No. 467285. g ,Terms, condltlons, provisions, obllgatlons and all matters as set forth In Resolution of the Beard of County Commissioners oGPi[kin County recorded 8-13-02 as Reception No, 470908 as Resolution No. 121.2002. 2- f '1 ,P CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California fan ~Ie.GV }ss. . 'County of A l On ~ep~embet' q ZC~Z before me, ~'~(i1~ 1 1 • ~ W ~~ ~~ 2 y I"LW~ I ~, Name antl TBe d Ollicer (e.9-. -Jane Ooe, Notary Pu01k~ personally appeared ~JC~r'rl ~,~~rQt°S , Nam¢(s~ol9gner(sl 1~personally known to me -o proved to me on the basis of satisfactory evidence I GALE R. NFJ4L Commisalon#1357280 Notary Public- Califnmta - San Diaga County MY Cann. Expires May 19, 2008 I to be the person(CJ whose name(s'j is/~ subscribed to the within instrument and acknowledged to me that he/s}~/tJ~y executed the same in his/per/t r authorized capacity(i~), and that by his/tr~r/tar signature on the instrument the person(5f, or the entity upon behalf of which the person(af acted, executed the instrument. WITN - my hand and official seal. Signs uro of Notary attic OPTIONAL Though the inlormallon below is not required by law, it may~~rove valuable fo persons relying on the document and could prevent /raudulenl removal and re197r5chmenf o/This lorm to another document. Description of Attached Title or Type of Document Date: Than Named Above: pacity(ies) Claimed by Signer Signer's Name: ^ Guar ' nor Conservator ^ Ot r: ^ Individual ^ Corporate Officer- e(s): _ ^ Partner-^Li -' d ^General O Attorney-in-F ^ Trustee Signer Is Number of Pages: O iB99 National N94ry Asscoalgn • 9350 Oe Solo Ave., P.O. Boa 2102 • pulswo00. CA 91313-2402 • www.Nlianalnalary org Plotl. Na. 590) Rewtlec Call TolbFree 1-000-0>6~602] 3 Y~~ t~~ i1~-,~M- ~~~- 4pU ~` " lLl(/` /1 r~ / I'J ki: nlh:P 'i 4iyf~ is r .~> -NO CONSIDERATION CONVitYANCE NO DOCUMENTARY FEE REQUIRED RECORDING REQUESTED BY: WHEN RECORDED RETURN TO: Arthur Daily, Esq. Holland at Hart, LLP 600 East Main Street Aspen, Colorado 81611 +`E HEREBYCt~iT!~ 7!~ilS 1'0 BE A 1!lUE AND CDRR=CT COPY OF THE ':`«iIGINAL DOCUt~=s!!T. FiTKlN COUNTY TITLE, INC. BARGAIN AND SALE DEED Sunshine Ranch, LLC, whose address is c/o Garfield 8i Hecht, P.C., 601 East Hyman Avenue, Aspen, Colorado 8161 1, attention: Andrew V. Hecht, Esq., hereby sells and conveys to Susan Crown, whose address is 222 North LaSalle, Chicago, Illinois, 60601, the following real property in the County of Pitkin, State of Colorado, to wit: All water rights appurtenant to or historically used in connection with the property described on Exhibit "A", attached, including, without limitation, the following specifically described water rights: a. 0.25 cfs of the Willow and Owl Ditch, Priority No. 160, decreed by the Garfiiefd 'County District Court for 13 cfs for irrigation purposes with an appropriation date ~ ~ of July 20, 1886, the source of which is Willow and Owl Creeks; `I b. the Bernard Stapleton Spring No. 1, decreed by the District Court. in and for Water Division No. 5 in Case No. W-1517, for .09 cfs, for domestic, stock water ~ and other beneficial uses, with an appropriation date of July 1, 1943, the point of ~, diversion being located on Lot l 4, Section 4, T. 10 S., R. 85 W., 6~' P.M. at a ~ point from which the Witness Corner to the South Quarter corner of said Section U 4 bears S. 05°37'05" E. a distance of 753.85 feet; And together with an easement for construction, installation, repair, replacement, and maintenance of a pipe-line across said Lot 14 and the Easterly portion of Lot 13 in said Section 4 from said Bernard Stapleton Spring No. 1 and in a Northerly direction to the south line of the tract described in Exhibit"A". rSIGNED this ~ day of September, 2002. SUNSHINE RANCH, LLC By. _- Name: Sam Georges Title: Manager, Sunshine Ranch, LLC STATE OF ) ss COUNTY OF ) The foregoing Bargain and Sale Deed was acknowledged this ~ day of September, 2002 by Sam Georges, as Manager of Sunshine Ranch, LLC. WITNESS my hand and official seal. My commission expires: ~.a~h~c~ Notary Public D:\NRPORTBL\IMANAG E\J ROTHSTEIN V 9862 l .DOC y __- wxutttl'I' A RF At-PROPER'T'Y I~ESCRIP"ITON • Atract ofland being part of7Jots 9, 10, 13 and 14, and the West 1!2 of the SE L4, in Section 4, Township 10 South, Range 85 West ofthe 6th P-M., more fully descn'bed as follows: ~. Beginning at a point on the South fence of Ow1~G7eek Road from which the East 1/4 comer of said Section 4 bears North 89 degees Ol nitmttrs I1 seconds East 2,634.66 feet; thence South 09 dcgus SS ffinutes 25 seconds East 72.40 feet; thence South 07 degees 15 minutes 51 seconds West 134.90 feet; ' thence Santh 11 degees 11 minutes 35 seconds West 257-65 feet; ~~ theaoe North 89 degees 59 minutes 55 seconds West 349.75 fcct; ' thence North Ol degees 32 moautcs 35 seconds Ease 455.73 feet to the South fence of said Owl Creek Rnad; thence South 84 degreeev 57 minmes 47 seconds East 166.98 feet'along the South fence of Owl GYeekRoad- ' thence Sovth 89 degrees 35 minutes 55 seconds East 189.88 foot along the South fence of Owl Cteok Road; thence Noah 76 degees 21 minutes 4I seconds East 37.18 fcet along the South fence of OwI Creek Read to the point ofbeginning; r~ ,hlrl„ Il ~ r .Ir` - I ~ ' I . ~ I 1. NI ` ~ I l ~ 1 A ( Ir , ;;1~ ~ , ,P _ y • „ l l~r II ~.:. lh~ hr l y,l '_ r 1 11 •. a 11 f~,l~ ' ° - 1 1 ~ .. ~ ~ - 11 t4-, - 1 1 11 X11 ., ~~ ~ l 1 ,II I d, . ~ , 1~t .;: IIIAI - I 9 N al ~- 4.. I . ' _'11 1 YIrl a', I~I~L. a - - I . 41 I 1 n; 1 I lj ( IA : ~ M Iur _ Il Alt it • A ~ ,1 1 r . rk1 7111t :. - A l rr h i:. , i , LLLW.L.'"~ ... ____ I l fl 41 . ;r;t l.~H, IJ 1 :-; ' `.I 1 '.. CALIFORNIA ALL•PURPOSE ACKNOWLEDGMENT State of California ss. : • County of ~_ ~~~~ me, ~/.I.~ P Il . nCQ.~ Name e,N Tae of Ollcel (e.g..'Jane Doe. Notary Pud : I l~~ no personally appeared J,~'personally known to me ^ proved to me on the basis of satisfactory evidence Document Other Than Named Above: Tho Description of Att of Ttle ar Type o ocument: - Docu t Date: GALE R. NEAL S Commlulon # 1357260 [ ~ Notnry public - Califamla San ~isga County I'b' Corlrr~ Expires Mey 19, 2006 OPTIONAL ugh the Inlormalion below is not required y law, if may prove valuable to persons relying on fraudulent oval and reaflachmenl of this form to another docurp Capacity(ies) Claimed Signer's Name: ^ Individual ^ Corpor Officer-Tille(s):_ ^ Pa r-^Limited ^General ^ orney-in-Fact ^ Guardian or Conservator ^ Other: Signer Is and could prevent Number of Pages: 01899 Nalio081 NOlary AsdlKialio0 • 9350 ee Solo Ave., P.e. Box 2402 • ChelswoNA, GA 91313-2402 • www.natiaralnolary.mg Prod No. 590) Reorder Cell Toll-Free F000.616-6621 to be the person(gJ whose name(aJ is/p(e subscribed to the within instrument and acknowledged to me that he/isarA/tpey executed the same in his/hdr/thplf authorized capacity(i~5), and that by his/hef/tl~r signaturefrsJ on the instrument the person(s), or the entity upon behalf of which the person(s`j acted, executed the instrument. WIT my hand and official seal. sy.,aw,e al cola u6uc \~ PUBLIC NOTICE NOTICE IS HEREBY GIVEN to the general public that on September 3, 2009, the Pitkin County Community Development Director granted approval for the Approving the Washburn/Blumenthal Activity Envelope and Site Plan Review (Case P056-09; Deter. #68- 2009). The property is located at 2298 Owl Creek Road and is legally described as a tract of land being part of Lots 9, 10, 13, and 14, and the West %z of the SE 1/4 , in Section 4, Township 10 South, Range 85 West of the 6`h P.M. The State Parcel Identification Number for the property is 2735-043-00-008. This site-specific development plan grants a vested property right pursuant to Title 24, Article 68, Colorado Revised Statutes. S/Cindy Houben Community Development Director Pitkin County, Colorado Published in the Asoen Times Weeklv, on September 20, 2009. PUBLIC NOTICE RE: WashburnBlumenthal Activity Envelope and Site Plan Review (Case P056-09) NOTICE IS HEREBY GIVEN that an application has been submitted by John Washburn and Amy Blumenthal (0222 North LaSalle Street, Chicago, IL 60601) requesting approval of an Activity Envelope and Site Plan Review to replace a water line and diversion structure. The property is located at 2298 Owl Creek Road and is legally described as a tract of land being part of Lots 9, 10, 13, and 14, and the West'`/z of the SE 1/4 , in Section 4, Township 10 South, Range 85 West of the 6th P.M. The State Parcel Identification Number for the property is 2735-043-00-008. The application is available for public inspection in the Pitkin County Community Development Department, City Hall, 130 S. Galena St., Aspen, CO 81611. For further information, contact Mike Kraemer at (970) 920-5482. Published in the Aspen Times Weekly on July 12, 2009. Attention Adiacent Property Owners A property owner receiving this public notice shall provide comments or objections to the Pitkin County Community Development, 130 South Galena Street, Aspen, Colorado 81611, By August 12, 2009. If any objections to the development application are received the Community Development Department shall continue the application to a public hearing before the Hearing Officer. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 June 25, 2009 Alan Richman PO Box 3613 Aspen, CO 81612 arichman@sopris.net Re: Washburn/Blumenthal Activity Envelope and Site Plan Review (PID7t2735-043-00-008; Case# P056-09) Dear Mr. Richman: The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete. After a more detailed review of the submittal information, additional information specific to the application may be requested in order to adequately review and process the application. The planner in charge of the review will request the information from you directly. Please note that it is your responsibility to mail notice by certified U.S. Mail to all adjacent property owners with the return address of the Community Development Department (copy of notice will be mailed to you by the Community Development Department) by (15 days out) July 12, 2009. The names and addresses shall be those on the current tax records of Pitkin County as they appeazed no more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing and a photograph of the posted sign as proof of compliance with the Code. A property owner receiving the public notice shall provide comments or objections to the Community Development by (30 days out) 12'" day of August, 2009. If any objections to the development application aze received by this date, the Community Development Department shall continue the application to a public hearing before the Board of County Commissioners. 2 . By posting a sign in a conspicuous place on the subject property (as it could be seen from the neazest public way) on the 26h day of July, 2009, which is at least fifteen (15) days prior to the (30 day out) August 12, 2009. This must be submitted prior to any approvals being granted. If you have questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant Encl: Affidavit Code Section 2-20-100 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Environmental Health and Natural Resources Pitkin County Engineer Colorado Division of Wildlife Owl Creek Caucus FROM: Mike Kraemer, Community Development Department Re: Washburn/Blumenthal Activity Envelope and Site Plan Review (PID 2735-073-00-008; Case P056-09) DATE: June 25, 2009 Attached for your review and comments are materials for an application submitted by John Washburn and Amy Blumenthal. The Pitkin County Community Development Director will review the application. Please return your comments to me by Wednesday, August 12, 2009. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. ON OCTOBER 1sT, 2009 PITKIN COUNTY INTENDS TO GO PAPERLESS WITH ALL FUTURE LAND USE REFERRALS. WE WILL BE SENDING OUT LETTERS TO OBTAIN UP TO DATE CONTACT INFORMATION. PLEASE CHECK OUT THE LINK BELOW FOR THIS LAND USE CASE REFERRAL. httn://www asnenpitkin com/pdfs/depts/7/P056 09 anp ndf If you require a paper copy of this application contact Bonnie Waechtler at bonnie.waechternco oitkin co us or 920-5109. Thank you. County of Pitkin } AFFIDAVIT OF NOTICE & } ss. MAILING PURSUANT TO State of Colorado } PITHIN COUNTY LAND USE CODE SECTION 2-20-100 I, ~~~ ~`~~~ ,being or representing an Applicant to the Pitkin County Development Permit, personally certify that I have complied with the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations in the following manner: By mailing of notice, a copy of which is attached hereto, by certified, postage prepaid U.S. Mail at least 2 weeks prior to the public comment deadline to all owners of property adjacent to the subject property, as indicated on the attached list, on , 2009 (which is 15 days prior to the deadline of , 2009). The names and addresses of the adjacent property owners shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the public comment. By posting a sign in a cons icuous lace on the subject property (as it could be seen from the nearest public way) on the , 2009, which is at least fifteen (15) days prior to the public comment deadline. A photograph of the posted sign is attached hereto. Applicant's name Signature (Attach photograph here) Signed before me this ; ~ day of [__2-tau-4~~ 200gby ~ I C~6t ~C.~1VV1CUl WITNESS MY HAND AND OFFICIAL SEAL My commission expires: cJ f ~`~ f-30 l ~ Notary Public ~`~ ,C.GU Notary Public's Signature trkmunt~9~i~1f~ _ , - "°~?~t .....: '~t~:Isln~~;airt~~Tiak~[Ii~s:~a c~-h ~ 2. ~° N ~ ~ W n n X ~ O_ W T. O 1 Q 3 T 1 ..L N ~ O m D (/1 0 O ~_ 7 ~~r ~ ~~ ~~~~~~r ~~a ~~~ ~~~ FTi -J O ..0 O N O ~V ,.i u- 0 w r 0 y 0 :x fA ~~ w w o°~ t m~ c° m'" ~'~~ _~ m ~~ N ~ ~~ L ~_ o{~} 3rW~TN I - , ~.JN~-TD N, V ~io~OO W A ~p D o ~l n N R1 3 m ,. 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No.; ~ orPO BOZ Na. G :!U~ 1 y ~ \ ~ CifY. Siafa, Z1F.4 -.- ..-.... ~ ... - - -"- --------------------------------. (..~ ~sL6~t ~ s~,m~itrar~r:na•n, vw rnr,RarrxnsT:a.m ~aFr.Tarnarrr.,,~ ° AsPFrr ~ s16i 1 ~ ~~° *~~~ ~ ~ ~ r .~ . P` Postage $ $0.44 Q52$ m ~ certitiea Faa f2.80 ~ ~ 8 r ° Retum Receipt Fee (Entlorsement Required) f2 ~ I~ . • !~ H ~ ° . ^ ^ ° Restricted Delivery Fee E tl R ui d f0 ( n orsement eq re ) . r, ' ° d !. ~ Total Postage 8 Fees $ $5.54 ° U 5 Ir Sent To n-4{ O..J\ L..Le~C 1~o A p ° M1 Street, AP[ No.: ----'-----""--- [--"------l---------------------I-1.-.~.----............... or PO BUx NO._--_ ~ \ ~ - L~ 1- ~+s vt.,1s,~ tN'~r ................................... . i Clty, State. 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Sd ° Q' ant o (~ / 1 .. ~ ~ ~ (~ ~ y \L VKC~SW..f" 1..~~ V~-J\~1~ ` ° ° M1 . -S`fleet,AP[Na----------------------------------------------- .----------.-....-.... ar PO Baz No. S~ ~~ ~p p~(, l,til ~.1~ ~ ~ i -.- --°-------------------------_ Crty, State, ZIP+4 :rr rr. .-..--... ----------_--.-.-.-...-...--. ---.------ C.s l~,( -~ , . . u, M1 m HICRITA K5,b72i u7 m Postage $ ~T (1J Certifietl Fee ~ ~ Retum Receipt Fee (Entlorsement Required) 0 Restricted Delivery Fee p (Endorsement Required) m ~ Total Postage a Fees $ ~ Sent Tort A~ \ ` 1i O ~C V O Street APl Na.-------- \ M1 or PO Bax Na. ~; \n Ciry, State, ZIP+4 ~ `\ (1-I tl4lru-l--t~~ 7' a N SH€LF011 eT ;0641 ..o l`- Postage $ m Certified Fee ~ Retum Receipt Fee ~ (Entlorsement Required) 0 ~ Restricted Deiivery Fee (Endorsement Requiretl) 0 fU Total Postage 8 Fees O Senr To ~ ga~~ ~ Street, Apt Nd.; O orPO Box Ne. ~st r- ~--------------------------- nn., craw 71Padi~ i .n .~ x~., "' i~5 ~~- ~ t.... - Postage $ m CeM1Hied Fee ~ Retum RecelPt Fee nt Required) O (Endorseme O Pestdcled DeliveN Fee nt Requred) (Endorseme o N $ Iota) Postage & Fees A ~ Sant io [}y~ ..--.... 2-Za ~ o .... ...- , - f Nat- sweat, Ap ys ., O or PO Boz Nc. _ _ -----. ~`' rity. S~e• ZIP+4 no~i $0 44 12.80 f0,00 f0,00 f3.24 was ~5 $0.44 f2.80 $Q__~ f0.~ f3.24 v~?~ ~~ rv a Here t,r,.r C~~a -;/1 #k 19 ;: ~~ 10'~ oD ,. ~. - N ~µ'~~~ p qqy ~ F511fi (i 3 ~ A CO B H ~ ~ . a.t , .. ~- M1 m Postage $ $0.44 ~ O Q ` ~ Certified Fee f2 ~ h 2 rt ~ I O p O Return Receipt Fee (Endorsement Required) $Q,~ m ~ era T 1a ' ~ i ° Restricted Delivery Fee (Endorsement Required) f0,~ J~ 1."<~n ~ i G ~, ~ Total Postage & Fees $ $3.24 O T ~• ent a ~ N \~¢ 5~ ,yam S1 ~Co ~V' Siraei, ilPG No.~-----•• -------~-^------------------------------------------------ or PO Bax Na. ZU9 ZA~'{ ~~"~ S'~ GO t` . ------------------------- -----------. .-....-..-------------------------- .._ ------ City, State, ZIP+4 L,y '~\6~l ,.~ .~ o- .r r-a N ~ ~ ~ ~ "_, ° HIAi3T BEACt} fl"315+ .~ ,, ~ . , ~ r` Postage $ $0.44 m O 8 ~ Certifed Fee $O ~ J ~ P ' p i o h vJ. Return Receipt Fee H re $~ -' ~ (Endorsement Required) . r~p ~ Residcted Delivery Fee ~ r'S':97 i d f~ O (Endorsement Requ re ) . Lc,.. ~ Total Postage & Fees $ f3.24 O Sent TO ~92\ ~ /t `I ^ r _` N ~ Street, APL No.; - " or PO Bax Na. ib"LS ~-t1'~+(- ~Or.C U-v~~ '~7-l$ Crty, Slate, ZlPr4 g~., ~At~:~~~ lamas L 3; 1 s LtT m ~ - ~ i#61 .T~f N`f 10621 ~ `; 'w ~,_ ~~ _ . , ~ Postage $ $0.44 m r1 0 8 Certified Fee ~ BD ~ Q f ri} p 'r ~ Return Receipt Fee (Endorsement Required) fQ. Q ~~L ~~ He f ~ Restricted Delivery Fee R i d f0 °"!i O (Entlorsement equ re ) . . M1 ~ Total Postage & Fees $ f3.24 ~ O ~ .-- ent TO' ~iL~~ ~ ~~~~ ~ --^ O Street, ilpt T7o.; ---------' ........................................................... ar PO eox No. ~~ ~ ~'~~ S'~' ~ Sit ~ City, Slate, ZIP+4 -`~a,J - otii~ ~Y (002( :rr rr. PITKIN CC (JNTY COMMUNITY DEVELOPMENT Permit Receipt RECEIPT NUMBER 00027759 Name: William Kunkler Date:6/2/2009 Project Address: 2298 OWL CREEK RD Type: check # 4813 Permit Number Fee Description 0056.2009.PLAN PP- Flat Fee 0056.2009.PLAN PP-Clerk Tech Fee 0056.2009.PLAN PP- Public Notice Fee 0056.2009.PLAN PP- Planning Eng Referral Fee Amount 2,994.00 25.00 54.00 499.00 Total: 3, 572.00 ME WASHBURN/BLUMENTHAL WATER LINE REPLACEMENT ACTIVITY ENVELOPE/SITE PLAN OWL CRLL::K RANCL-1 RLC. NO. 286642 LOT 1 OWL CREEK MEADOWS SUBDIVISION REC. NO. 438,375 FOUND REBAR & CAP L.S. 20151 - (PROJECT BENCHMARK ELEVATION = 8148.83) z FOUND REBAR & CAP s o -i ANuscAPt L,IW 24=arT"l �)okt'I f m, by s A �iip `E' PALL 41 SPETIC ENVELOPE HCF oR BOOK 62 PAGE 41 ui �o FOUND REBAR & CAP �- L.S. 20151 BUILOING & STRUCTURE ENVELOPE >L BOOK 62 PAGE 41 - li ANUSCAPE ENVELOPE BOOK 62 PAGE 41 / I I I ACTIVITY ENVELOPE MOTH VARIES AREA = 1.543 ACRES LOT 2 OWL CREEK MEADOWS SUBDIVISION REC. NO. 4 38.37,5 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN MANDALAY ROAD EXISTING PIPELINE PROPOSED PIPELINE A PARCEL OF LAND SITUATED IN SECTION 4, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO 1EOUND REBAR & CAP L.S. 20151 SHEET 1 OF 2 PARCEL A EA S I OWE CREEK REC. NO. 312911 LOT 14 EAST OWL CREEK REC. NO. 312911 FOUND REBAR & CAP L. S. 20151 LOI 13 EAST OWI CREEK RF -C. NO. 312.911 101 12 1 `;F OWL CREEK REC. NO. 312911 \ FOUND REBAR & CAP L.S. 20151 I I I EAST OWL CREEK REC, NO. 312911 lie SPRING, LOCATED BY CLIENT'S ENGINEER \� ZZZ THIS ACTIVITY ENVEL PE AND SITE PLAN REVIEW HAS BEEN REVIEW D AND APPROVED BY THE COMMUNITY DEVE ENT DI ECTOR THIS ILAIt DAY OF p ______ 2009, AND IS SUBJECT TO ADMINISTRATIVE DETERMINATION NO.- a _ Q RECORDED AS RECEPTION N0.__1. 2 _______-------------- - T DIRECTOR 80 atiT C* . POS-6- PARCEL os'6- OWNER'S ACKNOWLEDGEMENT THE OWNER ACKNOWLEDGES BEING INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF "ENVIRONMENTAL HAZARD AREAS" THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE THEREOF. ----------------------- JOHN WASHBURN, OWNER AMY BLI THAL, GRAPHIC SCALE 100 200 ( IN FEET ) 1 inch = 100 ft. SOPRIS ENGINEERING - LLC CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 VICINITY MAP NJ.& NOTES 1) DATE OF FIELD WORK: MAY, 2009 2) DATE OF PREPARATION: MAY - OCTOBER, 2009 3) BASIS OF SURVEY (RECORDED DOCUMENTS FROM PITKIN COUNTY RECORDS): THE 35 ACRE EXEMPTION PLAT OF OWL CREEK MEADOWS RECORDED DECEMBER 8, 1999 AS RECEPTION NO. 438375, THE 35 ACRE EXEMPTION PLAT OF MANDALY NORTH SUBDIVISION RECORDED JANUARY 7, 1994 AS RECEPTION NO. 365475, THE 1041 HAZARD REVIEW PLAT OF MANDALAY NORTH SUBDIVISION RECORDED JANUARY 7, 1994 AS RECEPTION NO. 365480, THE IMPROVEMENT LOCATION CERTIFICATE BY DREXEL, BARRELL & CO. FOR JEANNE DOREMUS DATED JANUARY 18, 2006 AS JOB NO. 4717-98, THE PLAT OF EAST VILLAGE PLANNED UNIT DEVELOPMENT" RECORDED OCTOBER 14, 1994 AS RECEPTION NO. 375294, THE PLAT OF EAST OWL CREEK P.U.D. RECORDED JUNE 29, 1989 AS RECEPTION NO, 312911, THE FINAL PLAT OF OWL CREEK RANCH P.U,D. RECORDED MARCH 16, 1987 AS RECEPTION NO. 286842, THE LOT SPLIT/FINAL PLAT OF GUBER FAMILY TRUST RECORDED JANUARY 7, 1994 AS RECEPTION NO. 365481, THE GENERAL LAND OFFICE AND BUREAU OF LAND MANAGEMENT PLATS OF TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE SIXTH PRINCIPAL MERIDIAN INCLUDING: THE SUPPLEMENTAL PLAT OF SECTION 8, DATED JANUARY 31, 1999, THE SUPPLEMENTAL PLAT OF SECTION 6, DATED JUNE 26, 1933 AND THE PARTIAL EXTENSION SURVEY AND DEPENDENT RESUREY, DATED DECEMBER 12, 1916, THE IMPROVEMENT SURVEY RECORDED MAY 2, 1997 AS RECEPTION NO. 404034. THE SECOND AMENDED SITE PLAN, SUNNY RANCH, RECORDED NOVEMBER 25, 2008 AS RECEPTION NO. 554570, VARIOUS DOCUMENTS OF RECORD AND THE FOUND MONUMENTS, AS SHOWN. 4) ACCORDING TO F.I.R.M. NUMBER 08097CO200 C, EFFECTIVE DATE OF JUNE 4 1987. THE FEMA MAP INDICATES THE AREA IS NOT WITHIN AN IDENTIFIED FLOOD HAZARD AREA, 5) THE DOCUMENT RECORDED AS RECEPTION NO. 128659 AS BOOK 229 AT PAGE 466 GRANT AN EASEMENT RIGHTS FOR THE EXISTING SPRING AND PIPELINE, AS SHOWN HEREON. RECEPTION#: 563783, 10/21/2009 at 01:24:52 PM, 1 OF 2, R $21.00 Janice K. VOS Cdudill, Pitkin County, CO PLAT BK 92 PG 21 S E A 1, CLERK & RECORDER ACCEPTANCE THIS WATER LINE REPLACEMENT ACTIVITY ENVELOPE/SITE PLAN HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK ,AND RECORDER OF PITKIN COUNTY, COjy0RADO, THIS _ ' DAY OF_ _�1 "C Y--___, 2009, IN PLAT BOOK AT PAGE __µms L____ AS RECEPTION NO, RECORDI Pip z-j35-ou 3-cx CGS2 posco -09