Loading...
HomeMy WebLinkAboutpitkin.planning.264315100006 (2)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) a:,, '. 4.. Parcel ID: 2643-15-1-00-006 Application Date: 6/11/10 Case No: P044-1( Description: Delise Minor Amendment to a Development Permit Planner: Mike Kraemer # Copies: Allocated Hours: 3 Project Address: 1574 WOODY CREEK RD, WOODY CREEK, CO 81656 % Over Hours: 3.2 Property Owner: DELISE Address: PO BOX 345 WOODY CREEK, CO 81656 Owner Phone: (970) 379-3474 Owner's REP: DONALD L DELISE REP's Email: delise@rof.net Address: PO BOX 345 WOODY CREEK, CO 81656 REP's Phone: (970) 379-3474 Referrals: CDOW Comments Due Date: Meetings: 1st Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Other Referrals: 2nd Meeting: 3rd Meeting: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 038-2010 #571756 Other Information: VR Approval Date: Plat Recorded Date: 07/01/2010 VR Expires Date: Plat (Bk, PG): B94 P11 #571758 Remarks: no vesting Application Type: Minor Amendment to a Development Permit RECEPTION#: 571756, 07/0112010 at 08;56:40 AM, 7 OF 3, R $0.00 Doc Code ADMIN DECISION Janice F(. Vos Caudill, Pitkin County, CO ADMINISTRATIVE DECISION OF THE PTTI~NN COUNTY, COLORADO, COMMUNITY DEVELOPMENT DIItECTOR GRANTING APPROVAL FOR THE DELISE MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision No.~~--2010 RECITALS Don Delise (hereafter referred to as "Applicant") has applied to the Community Development Director of Pitkin County, Colorado ("Director") for a minor amendment to a development permit for construction of an augmentation pond. 1. 'The Lot is located at 1574 Woody Creek Road and is legally described in (Attachment A). PID#: 2643-151-00-006. 2. The Lot is approximately 13 acres, is in the RS-20 zone district, and is non-conforming in size. 3. The Lot is currently developed with numerous structures that gained approval via an Activity Envelope, Site Plan, and GMQS Exemption approved at Administrative Decision No. 17-2010 (567985). The Site Plan was recorded BK 93 PG 85 (569109). 4. The Applicant states that the augmentation pond is a requirement by the State Engineer's Office to supplement water lost by the existing pond. The Applicant has also proposed an envelope for the pond that avoids constrained areas as defined in Chapter 7. The envelope has avoided steep slopes and is outside the 100' setback of Woody Creek. 5. The Colorado Division of Wildlife has commented on the application and has provided some conditions. 6. The Director further fords that the Applicant has addressed Section 2-20-150(b) of the Code and has shown compliance with these standards. APPROVED by the Director, subject to the following conditions: I. The Applicant shall adhere to all material representations made during the application process. 2. All conditions of previous approvals shall remain in effect. 3. If the pond is lined, a minimum of 18" of topsoil shall be placed on top of the liner so deer/elk can get out. 4. Sideslope of the pond shall be at least 3:1 and if possible 5:1 on some portions of the pond so big game can get out of the pond if they enter it. 5. Prior to submission of the future earthmoving permit application, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 6. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to the Lot, or vested rights associated with the Lot. Page 1 of 2 APPROVED by the Director, this ~~b, day of ~,,~ , 2010. ~, Cti*n,.,c l ~~! C~ Cindy Houben, Community Development Director PID# 2643-151-00-006 P044-10 Page 2 of 2 Attachment A Legal Description Subd siivi on: M/B WOODY CREEK Section: 1 S Township: 9 Range: 8S A TRACT IN LOTS 8 & 13 OF SEC 15-9-85 LYING SOUTHWESTERLY OF A COUNTY ROAD AS ,CONSTRUCTED AND IN PLACE AND NORTHEASTERLY OF THE CENTER OF WOODY CREEK SAID PARCEL DESC BY M/B BK 3S6 PG 832 FROM GEORGE STRANAHAN A TRACT IN SEC 15-9-85 ...DESC BY BK S83 PG 4S7 DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P&Z Ordinance for the BOCC and/or P&Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat(s) ~~;~ Parcel ID: 2643-15-1-00-006 Application Date: 6/11/10 Case No: P044-1( Description: Delise Minor Amendment to a Development Permit Planner: Mike Kraemer # Copies: Allocated Hours: 3 Project Address: 1574 WOODY CREEK RD, WOODY CREEK, CO 81656 % Over Hours: 3.2 Property Owner: DELISE Address: PO BOX 345 Owner Phone: (970) 379-3474 WOODY CREEK, CO 81656 Owner's REP: DONALD L DELISE Address: PO BOX 345 REP's Phone: (970) 379-3474 WOODY CREEK, CO 81656 REP's Email: delise@rof.net Referrals: CDOW Other Referrals: Comments Due Date: Meetings: 1st Meeting: 2nd Meeting: 3rd Meeting: Meeting Date: Review Body: admin Public Hearing? no Notice Date: Meeting Notes: Approvals: BOCC Resolution #: P&Z Determination #: BOCC Ordinance #: HO Determination #: Admin Determination #: 038-2010 #571756 Other Information: VR Approval Date: Plat Recorded Date: 07/01/2010 VR Expires Date: Plat (Bk, PG): 694 P11 #571758 Remarks: no vesting Application Type: Minor Amendment to a Development Permit ~: A 1 ,~~t f PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY i.ul:A'1'lU1V: 1574 Woody Creek Road ZONING: RS-20 OWNER: Don Delise REPRESENTATIVE: Self DATE: June 3, 2010 PHONE and EMAIL: 379-3474, PID# 2643-151-00-006 LOT SIZE: 13.3 acres delise @ rof.net PLANNER: Mike Kraemer. 920.5482 Type of Application: Minor Amendment to a Development Permit Description of Project/Development: The Applicant is requesting an amendment to a previously approved activity envelope for construct ion of a pond. Land Use Code Sections to be addressed in letter of request (application)• Sec. 2-20-150: Minor Amendments to a Development Permit Staff will refer the application to the following agencies: None. Review by: Community Development Director Public Hearing: No. FFES: ~9(l (make check<p~ta~le to "Pitkin County Treasurer") ^ Planning Office flat fee: ~$936)(non-refundable; based on 3 hours of staff time for review); if staff review time exceeds 3.2 hours, the Applicant will be charged for aal time above 3 hours at a rate of $321/hour) o Web Technology Fe : $25 To apply, submit 1 couy 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. Previous Land Use Approvals (if applicable); 3. 24" by 36" and 11" by 17" Amended Activity Envelope and Site Plan as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 4. Proof of ownership of subject property; 5. Parcel description, including legal description and vicinity map; 6. Total fee for review of the application; 7. Signed fee agreement (1 copy); 8. Consent from owner(s) to process application and NOTES: - PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMA/NING COP/ES OF YO UR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHO ULD BE INCL UDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. - 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 on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 1 0'^P a ~- . .~~ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PTI'KIN COUNTY (hereinafter "COUNTY") and (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 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 the 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 Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration 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 $ which is based on _ 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°Io, 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. PITKIN COUNTY ("APPLICANT") Cindy Houben Community Development Director By: Print Name and Title (if applicable) Date• Mailing Address: Z Page 1 of 2 Don DeLise From: "Michael Kraemer" <Michael.Kraemer@co.pitkin.co.us> To: "Glenn Horn" <ghorn@rof.net> Cc: "Don DeLise" <delise@rof.net> Sent: Thursday, June 03, 2010 3:09 PM Attach: Delise_minoramendment.doc Subject: RE: DeLise Pre-App My error. See attached. Mike From: Glenn Horn [mailto:ghorn@rof.net] Sent: Thursday, June 03, 2010 3:06 PM To: Michael Kraemer Subject: DeLise Pre-App Mike: You have not asked Don to address any Code section. No Minor Amendment to a Development Permit standards. Is this correct or did you make an error? Glenn Davis Horn Incorporated Glenn Horn AICP 970-925-6587 From: Don DeLise [mailto:delise@rof.net] Sent: Thursday, June 03, 2010 2:51 PM To: Glenn Horn Subject: Fw: pre-app Glen FYI -----Original Message ----- From:Michael Kraemer To: Don DeLise Sent: Thursday, June 03, 2010 2:08 PM Subject: pre-app Got your message. Here is the pre-app. Thanks again for the eggs. Mike Mike Kraemer 6/4/2010 Page 2 of 2 Planner Community Development Department Pitkin County 130 S. Galena Street Aspen, CO 81611 970.920.5526(phoneJ 970.920.5439(faxJ michaelkraemer@co.pitkin.co.us 6/4/2010 Donald L. DeLise P.O. Box 345 (970) 379-3474 Cell 1574 Woody Creek Road (970) 923-3474 Home Woody Creek, Colorado 81656 (970) 923-5569 Fax June 11, 2010 Pitkin County Community Development Department Michael Kraemer 130 S. Galena Street Aspen, CO 81611 Dear Mike, Enclosed please find my application for a Minor Amendment to a Development Permit. The original administrative decision granting approval is 17-2010 and the DeLise Activity Envelope and Site Plan is in Plat Book 93, Page 85. The purpose of this Minor Amendment is to establish an activity envelope encompassing the proposed augmentation pond and fill area. The construction of the augmentation pond is required by the Colorado Division of Water Resources Judgment and Decree, case number 04CW154 and well permit number 67408- F. I am required to complete construction of the augmentation pond by August 13, 2010. Enclosed is the Office of the State Engineer Division of Water Resources Notice of Intent to Construct a Water Improvement Structure. Also enclosed is the Pitkin County Earth moving permit and project summary. Land Use Code Section sec. 2-20-150: (1) Is consistent with action(s) taken during previous development approvals for the property; and Yes, the plan is consistent with action(s) taken during the previous development approvals. (2) Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and There are no changes proposed between categories. Donald L. DeLise P.O. Box 345 (970) 379-3474 Cell 1574 Woody Creek Road (970) 923-3474 Home Woody Creek, Colorado 81656 (970) 923-5569 Fax (3) Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and There will not be a significant change in the character or visual appearance of the property. (4) Does not constitute a new land development activity; and The primary land use activity approved for the site will not change as a result of the amendment application. (5) Does not increase off-site impacts in the surrounding neighborhood; and The proposed amendment will not have any impact on the surrounding neighborhood. (6) Does not endanger the public health, safety or welfare; and The proposed amendment will not affect the public health safety and welfare. (7) Does not violate any Land Use Code standard; and The proposed amendment does not violate any Land Use Code standard. (8) Does not substantially increase the need for on-site parking or utilities, or affect affordable housing generation; and There will not be any increase in on-site parking or utilities resulting from the proposed amendment. The demand for affordable housing will not be increased. (9) Does no increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. The amendment does not increase floor area or decrease the open space on the site by more than five (5) percent. CO Donald L. DeLise P.O. Box 345 (970) 379-3474 Cell 1574 Woody Creek Road (970) 923-3474 Home Woody Creek, Colorado 81656 (970) 923-5569 Fax Also enclosed is: 1) Certificate of Ownership 2) Parcel description, legal description and vicinity map are included 3) Fee for review -Check # 2916 for $936.00 to Pitkin County Treasurer 4) Signed fee agreement Sincerely, ,,~~~ Don DeLise DONALD LEE DELISE 1574 Woody Creek Rd. P O Box 345 Woody Creek, CO 81656 P~Yto the order o 2916 82-340/1021 ~' Date A ~ 936. ~ w ~ SecuN~y ~.~,° °° 'K/ Dollars ~ `°"°'°' ~°°. ~!'~ Alpine Bank 600 E~It Hopkins,. 8u1H 001 Mpsn, CO 61811 ~® (870) 020.1800 • Alpine IMOd1M (670) 046.4188 For ~rc~ll~ ~r,..DwrGs~ ~(~ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PTTKIN COUNTY (hereinafter "COUNTY") and 17o~/.a ~ h L Tj[-L~ s~ (hereinafter "APPLICANT") AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for Zli.yoit ~s•.r~~ ~ tr~/T ,~,~~~,~:~~p~ygjyr P~i~~, , -r (hereinafter, the "PROJECT"). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a fee structure for land use applications and.tb~e payment of afl 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 the 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 Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration 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 $_ which is based on ~ 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. PITKIN COUNTY Cindy Houben Community Development Director ("APPL CANT") sy: Print Name and Title (if applicable) Date:~.y-~P /~ 2 O ~ D Mailing A dress: f~:c~. ~~ 3 ~l~ ~rJd~~ c/2 t~z~i, to ~'l~L!s'~c~- CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that Donald L. Delise are the owner's in fee simple of the following described property: A tract of Land situated in Lots 8 & 13 of Section 15, Township 9 South, Range 85 West of the 6th Principal Meridian, lying Southwesterly of a County Road as constructed and in place and Northeasterly of the center of Wood Creek. Described as follows: Beginning at a point on the Southwesterly line of said road whence the East-Quarter Corner of said Section 15 bears South 74°08'56" East 1804.27 feet; Thence South 41 °43' East 425.00 feet along the Southeasterly line of said road; Thence South 50°00'08" West 450.57 feet to a point in the center of said Creek; Thence along the center of said Creek the following courses & distances; North 17°14' West 80.00 feet; North 62°45'10" West 155.89 feet; North 73°30" West 122.20 feet; Thence departing from said Creek North 38°51' East 544.90 feet to a point on the Southwesterly line of said road, the point of beginning. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: 1574 Woody Creek Road, Woody Creek, CO 81656 This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. BY: BRANDI JEPSON ESCROW/TITLE ASSISTANT authorized signature CERTIFIED TO: June 8, 2010 @ 8:OOAM Job No. PCT22228L ~~ Form No. OFFICE OF THE STATE ENIGIIVEER ~ws-25 COLORADO DIVISION OF WAl°ER RESOURCES 818 Centennial Bldg„ 1313 Sherman St., Denver, Colorado 80203 (303} 866-3581 WELL PERMIT NUMBER 67408 - F APPLICANT (I DIV. 5 WD 38 DES, BASIN MD APPROVED WELL LOCATION PITKIN COUNTY NW 1/4 SE 1/4 Section 15 DONALD DELISE Township 9 S Range 85 W Sixth P.M. C/0 PATRICK MILLER & KROPF PC DISTANCES FROM SECTION LINES 730 E DURANT AVE STE 200 2450 Ft. from South Section Line ASPEN, CO 81611- 2100 Ft, from East Section Line (970) 920-1028 UTM COORDINATES (Meters,Zone:13,NAD83) PERMIT TO CONSTRUCT A WELL Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOl'~ CONFER A WATER RIGHT CQNDiTIONS OF APPROVAL 1) This well shall be used in such away as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury wi!I occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this weft shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contract between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, and under an approved plan for augmentation as described in Case No. 04CW154. BWCD contract #450. 4) The use of ground water from this well is limited to aesthetic, recreation, piscatorial and fire protection as described in Case No. 04CW154. All use of this well will be curtailed unless the water allotment contract or the plan for augmentation is in effect. This well is known as DELISE POND WELL. 5) The average annual amount of ground water to be appropriated shalt not exceed 1.485 acre-feet with the total surface area of the proposed ground water pond limited to 0.482 acres as described in Case No. 04CW154. 6) The owner shall mark the well in a conspicuous place with we(I permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 7) This pond well shall be constructed not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed in the same aquifer, that is not owned by the applicant. 8} A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner. (recorded at least annually) and submitted to the Division Engineer upon request. 9) Pursuant to Rule.17.1.4 of the Water Well Construction Rules, the owner shall submit, after initiation of construction, site plan and cross section drawings on 8-1/2" x 11" paper showing the extent of intended excavation, the maximum depth of the pond, and the initial static water level. The owner shall also provide the initial date of ground water exposure in the pond'L--f ~ ~l3fadw8 Permit E~xj~p`iration [3ate Extended to Augr~st 13, 2t71t3 AOT 8-~E-09 APPROVED ~ State Engineer 3y 0 DA I E ISSLiED 08-13-2008 Ef Pih,A IIiCJt ~ DATE 03-13-2009 ' %~ O FFfCE 1F THE iTATE Etd~iNEEA DPVPikEfl of Water Resourceo DipiPtftiQtlt ~ I<1itUril Resources 1313 3Pt+itmin Street Raom 898 %' [3anvor, Cotorido t10Z03 " Phoni 303-8813631 FAX 303-888-368E hitp:~luvwdv.wst+~.~.er~.ua 7~~ TT 1~ ~ A 1~~t3ov Jr Harms D. 8h Well Permit Ntunber: ~ ~ `~~ ~ . ~ ~ a s~`>sa ~,~ Your request for an extension of time to construct the well and/or install pumping equipment has been received and reviewed. 'You are hereby given notice that the State Engineer has approved an extension of year . to kS~S ~' (~ ' 2 a (o . A copy of the amended well permit is enclosed. Please be advised that pursuant to ' Colorado Revised Statues 37-90-137(3)(a)(I)(B}, additional extensions cannot be ' ' • approved. Proof ~of well construction and pump installation must be submitted to this office prior to the expiration date of the permit. Contractors are required to submit their res •, reports affrmirig construction of the well and installation ofpump~g equipment ve . Forms for reporting construction and pump installation are available from the Division of Water Resources offices or online at ww_w.water state co'L pubs/wellfor,~ns These forms are: GS W-31 -Well Construction and Test Report GWS-32--Pump Installation and Test Report. If you have any questions, please contac# the Ground Water Information Desk at (303) $66-3587 between the hours of 9:('A A1~ and 4:CC PFvi Ii~iST ~yonday through 1~riday. Send to owner on ~ • ~' - ~ ~ BY~_ ~2 Form No. OFFICE OF THE S°f"Al'E ENGINEER ~ws-25 COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203 (303) 866-3581 APPLICANT I Ir. WELL PERMIT NUMBER 674Q8 - F DIV, 5 WD 38 DES. BASIN MD APPROVED WELL LOCATION PITKIN COUNTY NW 1/4 SE 1/4 Section 15 DONALD DELISE Township 9 S Range 85 W Sixth P.M. C/0 PATRICK MILLER & KROPF PC DISTANCES FROM SECTION LINES 730 E DURANT AVE STE 200 2450 Ft, from South Section Line ASPEN, CO 81611- 2100 Ft. from East Section Line. (970) 920-1028 _UTM COORDINATES (Meters Zone:13 NAD83) f TO CONSTRUCT A WELL _ Easting: Northing: ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This well shall be used in such away as to cause no material injury to existing water rights. The issuance of this permit does not ensure that no injury wi!I occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action. 2) The construction of this welt shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation Contractors in accordance with Rule 18. 3) Approved pursuant to CRS 37-90-137(2) for the construction of a well, appropriating ground water tributary to the Roaring Fork River, on the condition that the well shall be operated only when the Basalt Water Conservancy District's substitute water supply plan, approved by the State Engineer, is in effect and when a water allotment contrac# between the well owner and the Basalt Water Conservancy District for the release of replacement water from Ruedi Reservoir is in effect, and under an approved plan for augmentation as described in Case No. 04CW154. BWCD contract #450. 4) The use of ground water from this well is limited to aesthetic, recreation, piscatorial and fire protection as described in Case No. 04CW154. All use of this well will be curtailed unless the water allotment contract or the plan for augmentation is in effect. This well is known as DELISE POND WELL. 5) The average annual amount of ground water to be appropriated shalt not exceed 1.485 acre-feet with the total surface area of the proposed ground water pond limited to 0.482 acres as described in Case No. 04CW154. ti) The owner shall mark the welt in a conspicuous place with well permit number(s), name of the aquifer, and court case number(s) as appropriate. The owner shall take necessary means and precautions to preserve these markings. 7) This pond well shall be constructed not more than 200 feet from the location specified on this permit and at least 600 feet from any existing well, completed In the same aquifer, that is not owned by the applicant. 8) A totalizing flow meter must be installed on this well and maintained in good working order. Permanent records of all diversions must be maintained by the well owner (recorded at least annually) and submitted to the Division Engineer upon request. 9} Pursuant to Rule.17.1.4 of the Water Well Construction Rules, the owner shalt submit, after initiation of construction, site plan and cross section drawings on 8-1/2" x 11" paper showing the extent of intended excavation, the maximum depth of the pond, and the initial static water level. The owner shall also provide the initial date of ground water exposure in the Permit Expiration E3a~e Expended ~~ August i3, 20if3 AOT $-4-(39 APPROVED ~ State Sngfn`eer ey -____-- D~, T E ISSLJt~D 08-13-2003 E~PiRA lllOitl uATE hftp:l, water. tt~.co, raa l~ ~ A 1~~r3ow~ Jr. H~Hs D, sfs~ Well Permit Number: ~ ~ ~o ~ ~ ~° ~a Oir Your request for an extension of time to construct the well and/or in s~ P equipment has been received and reviewed. st~l pumPjng You are hereby given notice that the State Engineer has approved an extension of year . to~~cs~s~ fro Z ~ ~® A copy of the amended well permit is enclosed. Please be advised that pursuant to Colorado Revised Statues 37-90-137(3)(axi}(B}, additional extensions cannot be • • • approved. Proof of well construction and pump installation must be submitted to this offence prior to the expiration date of the perrrmit. Contractors are required to submit their res ~; reports affirming constrvction of the well and installation of pumping equipment ve . Forms for reporting construction and pump installation are available from the Division of Water Resources offices or online at www.wate state co'us/pubs/wellforms asn These forms are: GSW-31 -Well Construction and Test Report GWS-32--Pump Installation and Test Report. If you have any questions, please contact the Ground Water Information Desk at (303} $~6-3587 between the hours of 9:C0 All+i snd 4:0€1 Phi ~i3T m'v~onday through >~riday. Send to owner on ~ • '~ P r~ ~ By: ~ ~~ ,...,, ;~ DISTRICT COURT, WATER DIVISION 5, COLORADO Garfield County Courthouse 109 8~' Street, Suite 104 Glenwood Springs;. CO 81601 970/945-5075 CONCERNIlVG THE APPLICATION FOR WATER RIGHTS FOR DONALD DELISE IN PITKIN COUNTY .COURT USE ONLY® Attorneys: Kevin L. Patrick, #9124 Paul L. Noto, #34074 Case Number: Patrick, Miller & Kropf, P.C. 04CW154 730 E. Durant, Suite 200 Aspen, CO 81611 Division Courtroom Phone Number: 970/920-1028 E-Mail: patrick@waterlaw.com FAX Number: 970/925-6847 noto@waterlaw.com RULING OF REFEREE The above-entitled Application was filed on September 30, 2004 and was referred to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court in accordance with Article 92 of Title 37, Colorado Revised Statutes 1973, known as The Water Right Determination and Administration Act of 1969. The undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the Application are true and having become fully advised with respect to the subject matter of the Application does hereby make the following determination and Ruling as the Referee in this matter: FINDINGS OF FACT l . The statements in the Application are true. IS District Court, Water Division 5 Case No. 04CWI54 Ruling of Referee Page 2 2. Name and address of Applicant: Donald Delise c/o~Patrick, lVliller & Knopf, P.C. 730 East Durant, Suite 200 Aspen, CO 81611 (970)920-1028 FIl2ST CLAIM: FOR UNDERGROUND WATER RIGIiT 3. Name of well: Delise Pond Well. 4. Legal description of well: The Delise Pond Well is located in the NW 1/a of the SE '/, Section I5, Township 9 South, Range 85' West of the. 6~' P.M., at a point approximately 2450 feet North of the South Line and 2100 feet West of the East Line. 5. A. Source: Groundwater tributary to Woody Creek, at tributary of the Roaring Fork River. B. Depth: Approximately 8 feet. C. Date of Appropriation: September 15, 2002. D. How appropriation was initiated: By formulation of intent to appropriate and uutial design of the Pond. E. Date water applied to beneficial use: N/A, conditional. 6. Amount claimed: 1.5 acre feet, conditional, with total annual evaporative losses of 1.485 acre feet from 0.482 acre of surface area. ?. Use: Aesthetic, recreation, piscatorial and fire protection. 8. The name and address of owner upon which any structure is or will be located, upon which water is or will be stored, or upon which water is or will be placed to beneficial use: Applicant. 9. Remarks: The Delise Pond was constructed below the groundwater table; as such, this Ruling decrees the Pond as a well. Applicant will file for a well permit from the State Engineer upon approval of the plan for augmentation applied for herein. lea F-- ~ District Court, Water Division 5 Case No. 04CW 154 Ruling of Referee Page 3 SECOND CLAIM: FOR WATER STORAGE RIGHT 10. Name of Reservoir: Delise Augmentation Pond. 11. A. Legal description of reservoir dam: The Delise Augmentation Pond is located in the NW 1/ of the SE 1/, Section 15, Township 9 South, Range 85 West of the 6tn P.M., at a point approximately 2420 feet North of the South Line and 1920 feet West of the East Line. B. If off-channel reservoir, .name and capacity of ditch or ditches used to fill reservoir, and legal description of each point of diversion: Name of ditch and capacity: The Delise Augmentation Pond is filled from diversions from an unnamed: ditch diverting from Woody Creek, with a capacity of approximately 1 c.f.s., which has a point of diversion located in the NW 1/ of the SE 1/, Section 15, Township 9 South, Range 85 West of the 6`~ P.M., at a point approximately 2310 feet North of the South Line and 1700 feet West of the East Line. 12. Source: Woody Creek, a tributary of the Roaring Fork River. 13. A. Date of Appropriation: June 1, 2004. B. How appropriation was initiated: By formulation of intent to appropriate, field inspection and design of the Pond. C. Date water applied to beneficial use: N/A, the water right is conditional. 14. Amount claimed: A. 0.874 acre feet, conditional. B. Ifoff-channel reservoir, rate of diversion in cfs for filling the reservoir: Approximately 1.0 c.f.s. 15. Uses: Aesthetic and augmentation purposes. 16. Surface area of high water line: 0.175 acre. A. Maximum height of dam: Less than 10 feet. B. Length of dam: Less than 150 feet. 17. Total capacity of reservoir: 0.874 acre feet. Active capacity: 0.874 acre feet. Dead storage: 0 acre feet. 17 District Court, Water Division 5 Case No. 04CW154 Ruling of Referee Page 4 18. Name and address of owner or reputed owner of lands on which structures are located and where beneficial use occurs: Applicant. 19. Remarks: The Delise Augmentation Pond will be lined to prevent interception of groundwater, and will be equipped. with an appropriate outlet structure to allow for the controlled release of augmentation water pursuant to this plan. THIl2D CLAIM: FOR APPROVAL OF PLAN FOR AUGMENTATION 20. Name of structure to be augmented: A. Delise Pond Well. B. Delise Augmentation Pond. 21. Description of water rights to be used for augmentation: (a) Delise Augmentation Pond. (b) Water rights decreed to Ruedi Reservoir, Green Mountain Reservoir, Troy Ditch and Edith Ditch and made available to Applicant pursuant to a Water Allotment Contract with the Basalt Water Conservancy District. These water rights are described as follows: A. Ruedi Reservoir for the benefit of the Basalt Water Conservancy District. Ruedi Reservoir, a component of the Fryingpan-Arkansas Project was originally decreed in C.A. No. 4613, Ga~eld County District Court, on June 20, 1958, with a date of appropriation of July 29, 1957; subsequently in Case No. W-789-76 the decreed storage capacity for this Reservoir was reduced to 102,369 af. Ruedi Reservoir is a component of the Fxyingpan-Arkansas Project, originally authorized for construction by the Act of August 16, 1962 (76 Stat. 389) as amended by the Act of October 27, 1974 (88 Stat. 1486) and the Act of November 3, 1978 (92 Stat. 2492), in substantial accordance with House Doc. No. 187 83`d Cong., 1st Sess., as modified by House Doc. 353, 86th Cong., 2°d Sess., and is subject to the Operatin~ Principles for the Fryingpan-Arkansas project as set forth in House Doc 130, 87t Cong., 1st Sess. The federal reservoir is operated by the U.S. Bureau of Reclamation which has contracted for an allotment of water to the Basalt Water Conservancy District; /~ /' f District Court, Water Division 5 Case No. 04CW154 Ruling of Referee Page 5 B. Green Mountain Reservoir for the benefit of the Basalt Water Conservancy District. Blue River, tributary of the Colorado River is the source for Green Mountain Reservoir, originally decreed in Case Nos.: 2782, 5016, and 5017, United States District Court, District of Colorado on October 12, 1955, with a date of appropriation of August 1, 1935. The decreed storage capacity for this Reservoir is 154,645 af. This federal reservoir is operated in accordance with paragraph 5(a), (b), and (c) of the section entitled pManner of Operation of Project Facilities and Auxiliary Facilitiest? in Senate Document 80. The Basalt Water Conservancy District Contract may include direct flow rights to be used for augmentation, including one or more of the following structures: C. Troy Ditch and Edith Ditch rights as follows: Priority Court N C Adj. Date Appl. Date Decreed Use AMOUNT SOLD, TRANSFERRED OR RESERVED 'AMOUNT REMAINING ctol Sicucture ase o. Amount (cfs) (4) (6) (7) (8) (9) CFS AF (5) Troy Ditch 3082 08/25/1936 05/01/1906 5.10 F 0.000 0.000 0.095 0.064 0.035 4.906 N/A ~'~ 370 Troy Ditch 3082 08/25/1936 05/01/1928 10.80 I 0.000 0.000 0.200 0.134 0.073 10.393 N/A 1st Enlg 427 Troy Ditch 4613 06/20/1958 06/01/1442 6.20 I 0.000 0.000 0.115 0.077 0.042 5.966 N/A 2nd Enlg 669 Edith 3082 08/25/193b 05/01/1904 2.72 I 0.110 0.132 0.050 0.000 0.018 2.410 N/A Ditch 353 Edith 4613 06/20/195$ 07/01/1946 3.23 I 0.000 0.000 0.060 0.000 0.022 3.148 N/A Ditch I st 673 Enlg Troy Ditch Water System aka Lower (2) W-2281 15.50~;~ I,D, M C,P 0.110 0.132 0.520 0.275 0.190 14.273 412.89 Headgate (1) Originally diverted from Miller Creek. All others originally diverted from Frying Pan River. (Z) Alternate point for alI priorities of Troy and Edith Ditches. (3) Combined amount limited to 15.5 cfs and 453 AF of consumptive use, 300 AF of which can be stored. (4) I = Irrigation, D = Domestic, M = Municipal, C =Industrial and P =Piscatorial. (5) Transferred to Edith Ditch Well in Case No. 80CW 1 with 1.0 AF. (6} Transferred to three springs on Cap K Ranch in Case No. 82CW 189 (1.29 AF assumed to be included). (7) Deeded to George Yates with 15.4 AF in 1983. 0.2 cfs and 10.60 cfs was included in Case No. 82CW357 for Ruedi South Shores augmentation plan. (8) Deeded to 3oan Wheeler in 1987 for diversion at the'Troy Ditch 1st and 2nd Enlargement (? 6.9 A~' assumed to be included). (9) Reserved for augmentation of Cap K Ponds with 5,52 AF. Case No. 41CW220. (10) A total of 40.11 AF of the original 453.00 AF has been sold or transferred. /Gy District Court, Water Division 5 Case No. 04CWI54 Ruling of Referee Page 6 In Case No. W-2281, Division 5, the Court decreed that 453 acre feet of annual consumptive-use credits were available to these ditches, and that 300 acre feet could be stored in an unnamed reservoir. The Basalt Water Conservancy District owns 412.89 acre feet of the 453 acre feet, and makes the water rights available to contract allottees for use pursuant to an approved substitute supply plan or decree of Court. The Troy and Edith augmentation water can be delivered to the Frying Pan, Roaring Fork or Colorado Rivers by bypassing water at the headgate on the Frying Pan River. 22. Description of plan for augmentation. The DeLise Pond and DeLise Augmentation Pond have a combined surface area of 0.657 acre. Evaporation from: the Ponds was calculated using the State Engineer's method for lake evaporation for gravel pits.' The calculations for evaporation and the augmentation schedule are set forth in Exhibit "A." The total annual evaporation from the Ponds is approximately 1.975 acre feet, including evaporation from the fill ditch described in Paragraph 12.B. above. During months in which there is a potential for a call between the point of diversion for the fill ditch, described in Paragraph 9.B. above, and the confluence of the Frying Pan and Roaring Fork Rivers (hereinafter "upper reach") (estimated as July 1- October 31), Applicant will release water from the DeLise Augmentation Pond to match out of priority evaporative losses from the IDel.ise Pond Well; as set forth in Exhibit "A", such that the DeLise Pond Well will remain full. During months in which a call will not occur in the upper reach, but a downstream call on the Colorado River may occur (estimated as November 1-June 30), Applicant will augment such depletions with water released pursuant to the Water Allotment Contract with Basalt Water Conservancy District, described above, as shown on the augmentation schedule attached as Exhibit "A." 23. Name and address of the owner or reputed owner of the land in which any new diversion or storage structure or modification to an existing diversion or storage structure is or will be constructed, or upon which water is or will be stored, including any modification to the existing storage pool: Applicant. REMA.RI~S PERTAINING TO ALL CLAIMS 24. A timely Statement of Opposition was filed in this matter by the Colorado Water Conservation Board. Such Statement of Opposition was settled by Stipulation and Agreement, on file with the Court. 25. Applicant acknowledges that in Case No.:~-2935, Mater Di~rision 5, the Colorado Water Conservation Board (the "Board") decreed a minimum instream flow water right on Woody Creek for 6 c.f.s., from the headwaters to the confluence with the Roaring Fork .~~., District Court, Water Division 5 Case No. 04CW154 Ruling of Referee Page 7 r' River. Pursuant to a Stipulation between Applicant and the Board, on file with the Court, Applicant will curtail diversions to the DeLise Pond and DeLise Augmentation Pond, at times when such diversions would cause the flows in Woody Creek to drop below the Board's decreed minimum instream flow of 6 c.f.s. However, Applicant may operate the plan for augmentation decreed herein, so long .as such diversions do not cause injury to the Board's minimum instream flow water. right on Woody Creek. Furthermore, Applicant recognizes that in Case No. SSCW646, Water Division 5, the Board was awarded a Decree for a minimum instream flow for 55 c.f.s. (4/1-9/30) and 30 c.f.s. (10/1-3/31) on the section of the Roaring Fork River from the confluence of Maroon Creek down to the confluence of the Frying Pan River ("Roaring Fork River Instream Flow"). Applicant agrees to either augment by releases from the DeLise Augmentation Pond or curtail out-of-priority diversions to the DeLise Pond Well and DeLise Augmentation Pond to the extent the Board's Roaring Fork River instream flow water right is not met from the confluence of Woody Creek to the confluence of the Fryingpan River. 26. The water rights described in the first and:.second claims above are component parts of an integrated water supply plan for Applicant's property. CONCLUSIONS OF LAW The Referee does therefore conclude that the above-entitled Application should be granted as follows: 27. The Referee finds that a complete statement of the plan for augmentation was provided which adequately described.-all water rights involved herein, was duly published, and adequate notice was provided as required .by law pursuant to C.R.S., §37-92-302. The Referee also fords that tlie`relief requested herein is consistent with the relief originally requested in the Application and for which public notice was provided. The Referee fiirther fords that the award herein is within the scope of a plan for augmentation as defined in C.R.S., §37-92-103(9), in finding that the subject plan for augmentation provides a detailed program to increase the supply of water available for the beneficial use by the development of a new or alternate means or points of diversion. 28. The Application is complete and covers all applicable matters required under C.R.S. § 37-92-302. 29. This Court has jurisdiction over the subject matter of this Application pursuant to C.R.S., §37-92-203. 3 U, The DeLise Pond Well and DeLise Augmentation Pond, may be operated in accordance with this Ruling, so long as the terms and conditions herein set forth are fully adhered to ~1 ~~~--. District Court, Water Division 5 Case No. 04CW154 Ruling of Referee Page 8 throughout the operation of this plan for augmentation, subject to Section 37-92-305(8), C.R.S., under which the Division Engineer and State Engineer shall curtail all out of priority diversions, the depletions from which are not replaced so as to prevent injury to vested rights. 31. The granting of this Application will not cause injury to any vested water right or decreed conditional water right, :which is tributary to or has as its source of supply the Colorado River; as long as Applicants comply with the terms and conditions of this Ruling. 32. Applicant has given due consideration to the Report of the Division Engineer, Summary of Consultation filed in this matter. JUDGMENT AND DECREE 1. The Findings of Fact and Conclusions of Law as contained in paragraphs 1 through 32 above are incorporated in the Judgment and Decree as if fully set forth herein. 2. The Applicant shall be granted a conditional water right for the DeLise Pond We11 for 1.5 acre feet for aesthetic, recreation, piscatorial and fire protection purposes, with an appropriation date of September 15, 2002, and the same shall remain in full force and effect throughout the ensuing diligence period. 3. The Applicant shall be granted a conditional water right for the DeLise Augmentation Pond for 0.874 acre feet for aesthetic and augmentation purposes, with an appropriation date of June 1, 2004; and the same shall remain in full force and effect throughout the ensuing diligence period. 4. The Applicant is hereby granted a Decree approving the plan for augmentation, as described in the Third Claim herein. 5. In consideration of the specific findings and conclusions made herein and in confornance with C.R.S., §37-92-304(6) (2002), as amended, the approval of the plan for augmentation decreed herein shall be subject to reconsideration by the Water Judge on the question of injury to the vested water rights of others for the period of three years commencing at the time this plan for augmentation becomes operational. This plan for augmentation shall not be considered operational unless the DeLise Augmentation Pond is equipped with appropriate mechanisms to drain the pond, if necessary. The Court, having considered the historic usage and adequacy of the water rights to be used for augmentation, makes the specific determination that the period of retained jurisdiction described herein is adequate. 6. Pursuant to C.R.S., §37-92-502(5), Applicants shall install, maintain, and monitor at Z2. ,~ District Court, Water Division 5 Case No. 04CW154 Ruling of Referee Page 9 locations determined by the Division Engineer, and at Applicants' expense, such measuring devices, implement such accounting procedures, and supply such calculations regarding the timing of depletions, as may be required by the Division Engineer. The State and Division Engineer, or designated agents, shall have access to such measuring devices as needed. The Applicants shall file an annual report with the Division Engineer by November 15 of each year, summarizing diversions and replacements made under this plan for the preceding irrigation year (November 1 through October 31). Z. Upon request by the Division Engineer, the Applicant shall provide the Division Engineer with copies of all records and accounts and other such information requested by the Division Engineer as will. allow for the administration of this plan. This Ruling shall be filed with the Water Clerk subject to judicial review. 9. A copy of this Ruling shall be filed with the appropriate Division Engineer and State Engineer. i 10. Application for a Hexennial Finding of Reasonable Diligence for the remaining conditional portions of the above listed water rights shall be filed in MAY 2012 ,and in every sixth calendar.. year thereafter so long as the claimant desires to maintain these conditional water rights or until a determination has been made that these conditional water rights have become absolute water rights by reason of the completion of the appropriations, SUBJECT HOWEVER TO ALL EARLIER PRIORITY RIGHTS OF OTHERS and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. Dated this, day of ~ 200 ~=€~Y o; the fir~ret.;oiny rnaiie~i to asi Gounse! =.ar Record, vVater Referee, Div. t_ngineer r~nd Slate Engineer Date '° ~. . Depoty Gl~r~ 4~kfa~..r... 4' WATER REFEREE: A. ain Leoniak, Water eferee Water Division No. 5 State of Colorado Z~ District Court, Water Division 5 Case No. 04CW154 Ruling of Referee Page 10 ,~ No protest was filed in this matter, accordingly, the foregoing Ruling is confirmed and approved, ands made the Judgment d acres o thi .Court/ Dated thi of 20~ WATER JUDGE: ~~~~ C y of the taregoin~ mailed to all Counsel of Record, lNater Referee, Di . ~ 9~~,~ end State engineer Cate C-etl;.,~Jater pig. 5 -fir . 7y PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 June 23, 2010 Donald L Delise PO Box 345 Woody Creek, CO 81656 delise@rof.net Re: Delise Minor Amendment to a Development Permit (CASE P044-10; PID 2643-151-00-006) Dear Mr. Delise: 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. If you have any questions, please call Mike Kraemer, the planner assigned to your case, at 920-5482. Sincerely, Bonnie Waechtler Administrative Assistant 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 June 23, 2010 Don Delise 1574 Woody Creek Woody Creek, CO 81656 RE: Augmentation Pond Dear Don: /~°~°~ b N ~~ y,4 ~'OF~ For ~ldlife- ForPeople The proposed augmentation pond which is sited on the bench above the existing pond should not have any negative impacts to wildlife. The following recommendations should help minimize any potential impacts to wildlife which may wonder into the pond: 1. If the pond is lined, a minimum of 18" of topsoil should be placed on top of the liner so deer/elk can get out. Lined ponds become slippery and big game cannot get out unless the pond has topsoil on the liner. 2. Sideslope should be at least 3:1 and if possible 5:1 on some portions of the pond. This allows big game to be able to walk out of the pond and not become trapped by steep sideslopes. Thanks for the opportunity to comment. If you need anything else, please give me a call. Sincerely, Kevin Wright District Wildlife Manager Aspen DEPARTMENT OF NATURAL RESOURCES, Mike King, Executive Director WILDLIFE COMMISSION, Tim Glenn, Chair • Robert Streeter, Vice Chair • Mark Smith, Secretary Members, David R. Brougham • Dennis Buechler • Dorothea Farris • Allan Jones • John Singletary • Dean Wingfield I ~~ I Ex Offiao Members, Mike King and John Stulp PITKIN C'.1NTY COMMUNITY DEVELCIAENT Permit Receipt RECEIPT NUMBER 00029380 Name: Donald Lee Delise Project Address: 1574 WOODY CREEK RD Type: check # 2906 Permit Number Fee Description 0044.2010.PLAN 0044.2010.PLAN Date:6/11 /2010 Amount PP- Flat Fee 936.00 PP-Clerk Tech Fee 25.00 Total: 961.00 I O~ w VICINITY MAP -10 'FF� �s �Oqo pp SI TE -A O DELISE MINOR AMENDMENT TO A DEVELOPMENT PERMIT A TRACT OF LAND SI T UA TED IN SECTION 15, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH. P.M. PITKIN COUNTY, COLORADO A. ,TING R DENTIAL $TRUCTLIRES PRINCIPLE S.F. RESIDENCE SQUARE FEET 2,558 B. TACKLE SHED 288 C. TACKLE STORAGE SHED 16 D. OLD CABIN --SECOND DWELLING 352 E. CARETAKER DWELLING UNIT 1,048 2ND FLOOR ABOVE BARN C'� P F. BROWN GARAGE 528 G. IRRIGATION PUMP HOUSE 100 H. CHICKEN COOP la TOTAL= 5,018 SQ.FT I. TACK ROOM/BARN HAY STORAGE 1,672 J. RED BARN 480 K. PIPE CORRALS 2.11m TOTAL= 4,168 SOFT •� 1 I I ----. AC-nMTY ENVELOPE �EACTIVITY ENVELOPE 1 #5 REBAR 9.45' WIT. COR. Is (j) RED / BROWNBAON GARAGE \ (A) Wj�K \ PRINCIPLE / \ 1 RESIDENCE I ASPHALT DRIVVEWAY i+ I SE --' \ O.W.S. �„ \ \ �8^\ -tel ."_.. �•�• '^- _� _" \ �' �� ACTIVLTY `-ERVVE OWQ \ \ \ \ \ r (E) (K) \ /// C') IRRIGATION PUMP HOUSE A / 100.0, _l STEAM SETBACK `"'7498-._ ^'-•-. / \. / Wp0by cllok 100.0' STREAM SETBACK F GE l x/9500-- .\ PROPOSED � t ' j I RETURN FLOW TO I CREEK (a) WELLHEAD 1 I'I I \��,\ \\ \ (UGMPROP ESTA N'�a� \ x ,\ 30.0' SETBACK POND 1 IOPOSED / PUMP zl SED 53'\ / T \ ' ACI1VIT i 1 \ \\��\\ ENVELOP (FILL EA) 929.59' MEANHIGFI WATER LINE \ PARCEL 13.42 AC± 1s RESAR WIT. COR. OLD CABIN ONO DWELLING FIX"la 7528.97 RECEPTION#: 571758, 07/01/2010 at 09:04:28 AM, 1 OF 1, R $11.00 Janice K. Vos Caudill Pitkin County, CO PLAT BK 94 PG 11 PARCEL ID: 264 31 51 00006 02'5 50 100 V = 50/ NOTES 1) LEGAL DESCRIPTION: A TRACT OF LAND SITUATED IN SECTION 15, TOWNSHIP 9 SOUTH, RANGE 85 WEST OF THE 6TH P.M. AND MORE PARTICULARY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT WHENCE THE EAST -QUARTER CORNER OF SAID SECTION 15 BEARS S74"08'56"E 1804.24 FEET; THENCE 541'43'00"E 425.00 FEET; THENCE S50 00 08"W 450.57 FEET; THENCE S08 30'00"E 94.30 FEET; THENCE S2549'00"E 65.40 FEET; THENCE N72'21'00"E 115.00 FEET; THENCE S31 *25'00"E 55.00 FEET; THENCE S27 24 00"W 146.00 FEET; THENCE S89 23"00"W 929.59 FEET; THENCE N39 21'00"W 14.29 FEET; THENCE N32'27'00"W 158.70 FEET; THENCE N39 53'36"E 553.27 FEET; THENCE S7314'00"E 288.20 FEET; THENCE N38'51'00"E 544.90 FEET TO THE POINT OF BEGINNING. COUNTY OF PITKIN, STATE OF COLORADO. 2) CONTOUR INTERVAL IS TWO (2) FEET. BENCHMARK= 7528.97' AT N.E. PROPERTY CORNER. 3) PURPOSE STATEMENT: THE PURPOSE OF THIS MINOR AMENDMENT IS TO ESTABLISH AN ACTIVITY ENVELOPE ENCOMPASSING THE PROPOSED AUGMENTATION POND AND FILL AREA. 4) THE PROPOSED ACTIVITY WI THIN "CHL AUGMENTATION POND AND FILL AREA ACTIVITY ENVELOPE ARE ON SLOPES LESS THAN 30%. 5) DELISE ACTIVITY ENVELOPE AND SITE PLAN RECORDED IN BOOK 93 AT PAGE 85 AS RECEPTION NO. 569109. LEGEND APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN COUNTY REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS, OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE T E iAFTY OF ANY PROPERTY. OWNER/APPLICANT: D NALD LD LISE ss �iS. CQMMUNITY DEYELQf2MENj DIRECTQE O0 pp� THIS ACTIVITY ENVELOPE SITE PLAN HAS BEEN REVIEWED AND APOVED BY 'THE PITKIN COUNTY COMMUNITY DEVELOPMENT DIR CTOR THISS DAY OF 21SUBJECT TO DETERMINATION NO.L-s0____ RECORDED AS RECEPTION NO. COMMUNITY DEVELOPMENT DIRECTOR �yg ACCEPTANCE FOR RECORDINQ ✓ O THIS ACTIVITY ENVELOPE SITE PLAN HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE p CLERK AND RECOR ER OF THE COUNTY OF PITKIN, STATE OF COLORADO, a`A ATq:&_d{_O'CLOCK,,_M. THIS _, Sr -,DAY OF _ IN PLAT BOOK _ _ AT PAGE. __ ^ AS RECEPTION NUMBER w asp, ,&EAWA RECOF2DE [rocky Mountain Surveying. t „I DATE 9/2008 "VIkVI REVISED: 4/2010, 0/2010 FILE NO: 08544 4173 erV¢n,l SPflM2S rd. I" INDICATES FOUND MONUMENT AS DESCRIBED. o---�--� FENCE LINE (a) WELLHEAD --pMR-- OVERHEAD POWER LINE `Db POWER POLE DECIDUOUS 'TREE EM ELECTRIC METER EVERGREEN TREE C'� P PROPANE TANK APPLICANT ACKNOWLEDGES THAT HE/SHE HAS BEEN INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF ENVIRONMENTAL HAZARD AREAS THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF, THE PROVISIONS OF THE PITKIN COUNTY REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE FREE FROM HAZARDS, OR THAT APPROVED MITIGATION MEASURES WILL GUARANTEE T E iAFTY OF ANY PROPERTY. OWNER/APPLICANT: D NALD LD LISE ss �iS. CQMMUNITY DEYELQf2MENj DIRECTQE O0 pp� THIS ACTIVITY ENVELOPE SITE PLAN HAS BEEN REVIEWED AND APOVED BY 'THE PITKIN COUNTY COMMUNITY DEVELOPMENT DIR CTOR THISS DAY OF 21SUBJECT TO DETERMINATION NO.L-s0____ RECORDED AS RECEPTION NO. COMMUNITY DEVELOPMENT DIRECTOR �yg ACCEPTANCE FOR RECORDINQ ✓ O THIS ACTIVITY ENVELOPE SITE PLAN HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE p CLERK AND RECOR ER OF THE COUNTY OF PITKIN, STATE OF COLORADO, a`A ATq:&_d{_O'CLOCK,,_M. THIS _, Sr -,DAY OF _ IN PLAT BOOK _ _ AT PAGE. __ ^ AS RECEPTION NUMBER w asp, ,&EAWA RECOF2DE [rocky Mountain Surveying. t „I DATE 9/2008 "VIkVI REVISED: 4/2010, 0/2010 FILE NO: 08544 4173 erV¢n,l SPflM2S rd. I"