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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: 2737283-00-009 DATE RCVD: 10/26/2006 "'MIES:IF3 CASE NO P246-16
CASE NAME: Black Diamond Land Development Activity Envelope Planners Ezt
PROJ ADDR: 10 Popcorn Ln S-T-R 28-10-84
OWWAPP: Black Diamond Land ADR �CISIZ: PHN:REP: Rick Magill ADR: 56 Cinnamon Ct. C/S2: Aspen, CO 81611 PHN:9
Email Addr: ALLOCATED HOURS: 6
FEES DUE: 51,946 FEES RCVD:51,946#22808 %OVER: Z2
REFERRALS East Aspen Caucus, Enviromental Health/Natural Resources(Warren)
i4
0 REF: 11/14/2006 BY bj DUE: 12/8/2006
MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: 2/27/2007
Administr No � 8OCC Reso: �--
BOCC Ord:
REMARKS no vesting PZ:
HRG OFF:
CLOSED: 3/9/2007 B, bj HO INDEX:
ADMIN: 012-2007#534957
PLAT RECORDED 13/20107 PLAT IBK,PG): 682 P97#535583 ADMIN INDEX: 2007
VR APPROVAL DATE:� VR EXPIRES:7-
CASE TYP: jActivity Envelope CASE TYP5:
CASE TYP2: CASE TYPE:
CASE TYP3: CASE TYP7:
CASE TYPO: IDate Scanned: 11/16/10
File Location: FF Box#254
ADMINISTRATIVE DETERMINATION OF THE COMMUNITY DEVELOPMENT DIRECTOR
PITKIN COUNTY,COLORADO,GRANTING BLACK DIAMOND LAND DEVELOPMENT
CORPORATION ACTIVITY ENVELOPE APPROVAL FOR A WATER DIVERSION STRUCTURE
Administrative Decision No IZ-2007
RECITALS
I. Black Diamond Land Development Corporation (hereafter referred to as "Applicant') has applied to the
Community Development Director of Pitkin County ("Director") for Activity Envelope approval to
locate a water diversion structure adjacent to Popcorn Lane and the Roaring Fork River.
2. The parcel is located on Popcorn Lane,and is more specifically described in Exhibit A.
3. The parcel received 1041 Hazard and Scenic Review approval pursuant to Hearing Officer
Determination No. 38 2006.
4. The Director finds this request is consistent with the requirements of the Land Use Code.
APPROVED by the Director, subject to the following conditions:
1. The Applicant shall adhere to all material representations made in the current or prior applications or in
public meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2. The Applicant shall comply with the provisions of Hearing Officer Determination No. 38-2006, unless
otherwise replaced or amended by the conditions of this or said approvals.
3. Prior to submission of any future building permit applications, 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 2.1.1. The above referenced
approvals shall be a condition precedent to finalization and recordation.
4. The Applicant shall submit a earthmoving permit for review and approval for the water diversion
structure.
5. Prior to the issuance of a earthmoving permit, the Applicant shall submit an erosion control and
drainage plan to be reviewed and approved by the Planning Engineer.
6. Prior to the issuance of a earthmoving permit, the Applicant shall submit a Floodplain Development
Permit to be reviewed and approved by the Pitkin County Natural Resource Specialist.
7. Prior to the issuance of a earthmoving permit, the Applicant shall submit landscape plan for review and
approval by Community Development and the Pitkin County Natural Resource Specialist. The Plan
shall include mitigation for the 3 cottonwood trees and other riparian vegetation.
8. No development shall occur outside the approved activity envelope.
9. 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 building envelope. The fencing shall remain in place until completion of the project
and remediation of the area.
534957
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10. All areas disturbed by construction shall be re-vegetated with native shrubs and grasses within one
growing season of the project's completion.
11. 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 this property, or vested rights associated with this
property.
APPROVED(( by th`ee Director, this )74, day of , 2007.
Cindy Houben
Community Development Director
PIN 273728300009 II
P246-06 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a 0490
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Exhibit A
LEGAL DESCRIPTION OF THE PROPERTY
A tract of land situated in the Southwest N of the Southwest ?,8 of Section 28, Township
10 South, Range 84 West of the 6th Principal Meridian, Pitkin County, Colorado, more
particularly described as follows:
Beginning_ at a point whence the southwest Section Corner of Section 28 monumented
with a 1978 BLM Brass Cap bears S 45°40'58" W a distance of 943.48 feet; thence N 05=43,01"
W a distance of 20.09 feet; thence 70.25 feet along the arc of a tangent curve to the right having
a radius of 150.00 feet, an included angle of 26°49'55", and the chord bears N 07°41'57" E a
distance of 69,61 feet; thence N 21°06'54" E a distance of 35.12 feet; thence S 89°21'21" E a
distance of 129.13 feet; thence N 00°30'38" E a distance of 199.93 feet: thence N 89=58'37" W a
distance of 613.14 feet to a point on the east line of a tract of land described in a Deed at
Reception #107531 in the Piddri County Clerk and Recorder's Office; thence N 89°58'37" W a
distance of 30.96 feet; thence 3.87 feet along the arc of a non tangent curve to the right having a
radius of 100.00 feet, an included angle of 02°12'58", and the chord bears N 03°51'18" E a
distance of 3,87 feet; thence N 04057'46" E a distance of 85.48 feet; thence 37.69 feet alone the
arc of a tangent curve to the left having a radius of 130.00 feet, an included angle of 14°23'51",
and the chord 'bears N 02`14'09" W a distance of 37.59 feet, thence N 09°2605" W a distance of
79.54 feet: thence 119.63 feet along the arc of a tangent curve to the right having a radius of
75.00 feet, an included angle of 91`23'36", and the chord bears N 36°15'44" E a distance of
107.35 feet; thence 108.94 feet along the arc of a tangent curve to the right having a radius of
150.00 feet, an included angle of 41°36'39", and the chord bears S 77`14'09" E a distance of
106.56 feet; thence 115.55 feet along the are of a tangent curve to the left having a radius of
350.00 feet, an included angle of 18`54'58", and the chord bears S 65°53'18" E a distance of
115.03 feet; thence S 75°20'47" E a distance of 120.81 feet; thence 32.61 feet along the arc of a
tangent curve to the right having a radius of 200.00 feet, an included angle of 09°20'31", and the
chord bears S 70°40'31" E a distance of 32.57 feet; thence S 66°00'16"E a distance of 50.39 feet;
thence 26.00 feet along the arc of a tangent curve to the left having a radius of 200.00 feet, an
included angle of 072659", and the chord bears S 69°43'45"E a distance of 25.99 feet; thence S
73°27'15" E a distance of 65.11 feet; thence 46.90 feet along the arc of a non tangent curve to the
right having a radius of 70.00 feet, an included angle of 38°23'09", and the chard bears N
53°40'10" E a distance of 46.02 feet; thence N 72°51'45" E a distance of 26.54 feet to the
intersection with the boundary of the White River National Forest, United States Department of
Agriculture; thence along,the boundary of the White River National Forest as shown in Plat
Book 437 at Page 420 in the Pid:in County.Clerk and Recorder's Office for the following six (6)
courses:
1. S 07'14'00" E a distance of 0.75 feet;
2. thence S I1'04'00" E a distance of 106.22 feet;
3. thence N 89°00'00" E a distance of 24.98 feet;
4. thence S 009558" W a distance of 347.47 feet to a 1/1024 corner of said Section 28;
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5. thence N 89=10'1P a distance of 494.36 feet to a C-9 v 1164 comer of said f
Sec ion 28 mor,umented loth 1978 BLM Brass Cap;
6. thence S 00032'25" W a distance of 4099 feet;
thence _v' 8905945" W a distance of 650.99 feet along the north line of the jvi�t Tract
described at Reception=396645 in the Pirkin County Clerk and Recorder's Office to the point of
beginning containing 173,507.79 square feet or 3.983 acres.
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MEMORANDUM
TO: Cindy Houben, Pitkin County Community Development Director
FROM: Ezra Louthis, Planner
RE: Black Diamond Land Development Corporation Activity Envelope
DATE: February 15, 2007
SUMMARY: The Applicant is requesting Activity Envelope Review approval for a water diversion structure
located between Popcorn Lane and the Roaring Fork River, and adjacent to the existing bridge of the River. The
diversion structure, known as Black Diamond Ditch, was approved by the State Water Court pursuant to a decree
in case No. 02CW232.
The structure, which is approximately 150 square feet in size, will be located along the road and adjacent to the
river. The water to be extracted from the river will then be piped in Popcorn Lane to an existing pond located up
the hill.
APPLICANT: Black Diamond Land Development Corporation
REPRESENTATIVE: Rick Magill
LOCATION: Popcom Lane(east of Aspen)
ZONING: AR-10
REFERRAL COMMENTS: Comments were received from Environmental Health and Natural Resources and
are outlined as conditions in the attached Administrative Decision.
STAFF COMMENTS:
ACTIVITY ENVELOPE, and SITE PLAN REVIEW(7-10-50):
Request for an Activity Envelope must comply with the provisions and policies of Chapter 7.
SECTION 7-20-20: SITE PREPARATION AND GRADING:
Response: The proposed development will occur within the activity envelope, as well as any clearing, grubbing
and vegetation removal. The Applicant has committed to retaining excavated soil onsite for use as topsoil during
revegetation of any disturbed areas. The Applicant will also be required to revegetate the disturbed area within
one year of completion, and the revegetation should in part follow the recommendations made in Rocky Mountain
Ecological Services, Inc. (located in the application). The Applicant will also be required to mitigate for 3 mature
cottonwood trees that are being removed as part of the structure's construction. This should be addressed in a
landscape plan that will be required as part of the building permit submittal.
SECTION 7-20-30: WATER COURSES AND DRAINAGE:
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Response: The proposal will have limited impacts on drainage and will not affect groundwater or irrigated areas.
The Applicant will be required to provide accepted erosion control techniques as part of a Drainage and Erosion
Control Plan that will be reviewed by the Land Use Engineer and Environmental Health and Natural Resources.
SECTION 7-20-40: FLOODPLAIN
Response: The diversion structure itself will be located outside of the 100-year floodplain, however there will be a
pipe that will be located in the floodplain. Natural Resources has required that the Applicant obtain a Floodplain
Development Permit.
SECTION 7-20-80: RIVER AND STREAM CORRIDORS AND WETLANDS
Response: The proposed envelope and structure are located within the Riparian Buffer setback of 100', with the
structure being approximately 10' from the high water mark. Water diversion facilities are considered an
"Exception" to this buffer and are allowed if there is no other location. Staff feels that the proposed location is the
most suitable due to the proximity to an existing road and bridge. The construction of the structure will have
limited impacts as any machinery can remain on the road during construction.
RECOMMENDATION: Staff recommends approval of the Black Diamond Land Development Corporation
Activity Envelope subject to the conditions of the attached Administrative Decision.
ATTACHMENTS:
A. Environmental Health and Natural Resources comments
00090, 1.
MEMORANDUM
To: Ezra Louthis, Community Development Department
From: Warren C. Rider, Pitkin County Environmental Health & Natural Resources
Department
Date: December 4, 2006
Re: Black Diamond Land Development Activity Envelope (PID 2737-283-00-009;
Case P246-06)
The Pitkin County Environmental Health & Natural Resources Department has reviewed the
details of the Black Diamond Land Development Activity Envelope application under the
authority of the Pitkin County Land Use Code and has the following comments.
WATER COURSES AND DRAINAGE: Section 7-20-30:
Applicant proposes to install and operate a water diversion structure on the Roaring Fork River
that has the potential to impair water quality through the discharge of sediment to waters of the
state. Control of sediment during and after construction shall be carried out by applicant to
prevent any discharges of sediment. Applicant shall submit a Drainage and Erosion Control
plan to the Pitkin County Planning Engineer for review and approval as a condition of approval
of this activity envelope, and prior to the commencement of any work. Additional information
may be requested by the Pitkin County Planning Engineer following review of this plan.
FLOODPLAIN HAZARDS: Section 7-20-40:
Applicant proposes installation of a 4-inch pipe to the Roaring Fork River. Applicant shall
submit a Floodplain Development Permit Application and all applicable information required by
said permit to the Pitkin County Natural Resource Specialist and shall obtain such permit as a
condition of approval of this activity envelope, and prior to construction of the proposed
diversion structure. Obtainment of this permit is also a requirement of the FEMA National Flood
Insurance Program.
RIVER AND STREAM CORRIDORS AND WETLANDS: Section 7-20-80:
Applicant proposes to remove riparian vegetation (including three cottonwoods that help shade
habitat and stabilize the bank), excavate within the 100-foot setback from streams and rivers,
and revegetate (within one growing season of project completion) with appropriate native plant
materials (including shrubby species to mitigate for the loss of shading). Applicant shall
conduct its work in a manner that minimizes the impact to riparian vegetation and may be
required to submit a revegetation plan for its work in the floodplain as part of its Floodplain
Development Permit application.
6
000002 ��
Application for Activity Envelope
Submitted to. Pitkin County Community Development Dept.
130 South Galena Street
Aspen, Colorado 81611
Submitted by: Black Diamond Land Development Corp.
PID#273728300009
Submission date: October 25, 2006
Prepared by: Magill & Associates, Inc.
56 Cinnamon Court
Aspen, Colorado 81611
970/920-6966
rjmagill@comcast.net
Contents
General Description of Request &
Responses to Land Use Code Sections
Exhibits:
A Letter regarding water rights with decree
(Resource Engineering)
B Cross-Section of Diversion Structure
C Stream, Wetland, Riparian Area Setback
Analysis (Eric Pettersen)
D Proof of Ownership
E Draft Activity Envelope Plan
with Vicinity Map (24"x36")
000000
rpDpc oZt� ( t't , ap /a
Par
General Description of Request
Black Diamond Land Development Corporation (BDLDC) hereinafter"the
Applicant", is requesting Pitkin County approval of an Activity Envelope for a
water diversion structure. The location of the diversion structure, referred to as
the Black Diamond Ditch, was approved by the State Water Court pursuant to a
decree in Case No. 02CW232 on May 23,2005 (please refer to Exhibit A).
The subject parcel is located to the west of the Roaring Fork River;
approximately 3.5 miles east of Aspen, Colorado (refer to the attached Plan with
Vicinity Map Exhibit E).
Responses to Relevant Code Sections of the County Land Use Code
Section 2-30-20g.3. Activity Envelope
Applicant's Response: The Applicant wishes to establish an activity
envelope separately from approval of a Site Plan. The proposed activity
envelope (see Exhibit E) has been designed so as to accommodate the entire
water diversion structure within its boundaries.
The Activity Envelope shall comply with the standards and criteria established in
Section 7-10-50 below.
Section 7-10-50 Site Plan and Activity Envelope
Sec. 7-10-50 (a)
Applicant's Response. The proposed location of the activity envelope is
consistent with the general provisions of the Land Use Code and the East of
Aspen Master Plan. The proposed envelope location is not within any significant
"constrained sites", other than a limited portion the riparian buffer zone of the
Roaring Fork River. This issue is discussed further in the body of this
application.
Sec. 7-10-50 (b)
Applicant's Response: The Applicant believes that the proposed location of
the Activity Envelope is optimal because it is outside of all major"constrained
sites" , and it is adjacent to an existing road which will limit disturbance to the
onf,."� I
riparian buffer zone during construction and normal maintenance. Any other
location within the "decreed area" would require significant disturbance to install
the diversion structure in the riparian buffer zone.
Sec. 7-10-50 (c)
Applicant's Response: The proposed Activity Envelope is approximately 150
square feet in size and has been designed to be large enough to accommodate
the structure, but small enough to limit disturbance to the riparian buffer. Please
refer to Exhibit B for a cross section of the diversion stgructure. All construction
materials and equipment will be staged on the existing roads.
Sec. 7-10-50 (d)
Applicant's Response: The excavation for the diversion structure will not
exceed 50 cubic yards of material. The location of the Envelope, relative to the
River and State Highway 82, is such that it will not be visible from the Highway.
The structure, once installed, will not even be visible from the adjacent roads or
developments.
Sec. 7-10-50 (e)
Applicant's Response: All disturbances will be limited to the designated
Activity Envelope. The Envelope will be fenced until completion of construction.
Section 7-20-10 Site Preparation and Grading
Section 7-20-10 (a)
Applicant's Response: All grading will occur within the designated Activity
Envelope. The excavation will not exceed 50 cubic yards.
Section 7-20-10 (b)
Applicant's Response: All disturbances will be confined to the designated
Activity Envelope.
nnnnnq
Section 7-20-10 (c)
Applicant's Response: There are 3 cottonwood trees within the proposed
Activity Envelope that will be removed. These trees will mitigated onsite under
the requirements of this Section.
Section 7-20-10 (d)(1)
Applicant's Response: The Applicant will commit to the revegetation the
disturbed areas with native or similar plant materials, such as those
recommended by Eric Pettersen of Rocky Mountain Ecological Services, Inc.
(Exhibit C).
Section 7-20-10 (d)(2)
Applicant's Response: Excavated topsoil will be saved for revegetation
purposes.
Section 7-20-10 (d)(3)
Applicant's Response: Weed prevention and management will be employed
as suggested by this Code Section and Mr. Pettersen's report.
Section 7-20-10 (d)(4)
Applicant's Response: The water diversion is in itself a utility installation and
is will be located and installed in a manner which minimizes damage to the
natural environment and scenic quality.
Section 7-20-10 (d)(5)(a-b)
Applicant's Response: The Applicant proposes to utilize accepted erosion
control techniques such as silt fences, straw bales and revegetation, to minimize
any negative impacts to the River, or surrounding slopes and existing
vegetation.
Section 7-20-20 Steep and Potentially Unstable Slopes
Applicant's Response: The proposed Activity Envelope is located on slopes
of less than 10%, as evidenced on the Activity Envelope Plan .
000003
Section 7-20-30 Water Courses and Drainage
Section 7-20-30 (a-i)
Applicant's Response: The proposed Activity Envelope is located outside of
designated wetlands. The proposed Envelope is also outside of the 100-year
floodplain of the Roaring Fork River. There will be one 4" pipeline from the River
to one of the concrete man holes. There will be no encroachment or channeling
of the River as a result of the proposed diversion structure. Historic drainage
and runoff patterns will not be impacted by the development. The disturbed
areas will be revegetated according to the applicable standards and provisions
of the County Landscaping Guidelines.
Section 7-20-40 Floodplain Hazards
Applicant's Response: The proposed Activity Envelope is located outside of
the 100-year floodplain of the River. A 4" pipeline will be required to pull water
from the river but the disturbance will be minimal.
Section 7-20-80 River and Stream Corridors and Wetlands
Applicant's Response: The proposed water diversion structure qualifies as
an "Exception" to the minimum setback requirements for the River, and
associated riparian buffer zone, under subsection 7-20-80(c). See Applicant
responses below.
Section 7-20-80(c) Exceptions
Applicant's Response: The diversion facility is being proposed in a location
previously-approved by a decree in the State Water Court, Case No.02CW232.
The Applicant feels that there is no other feasible alternative location. In
particular, the proximity of the Envelope to an existing private road will clearly
minimize construction-related disturbance to the riparian area of the River. All
disturbances within the Envelope will be adequately mitigated, as required by
subsection 7-20-80(d). See below.
Section 7-20-80(d) (1-12) Mitigation Standards
Applicant's Response: The proposed Activity Envelope is located at the
outside edge of the riparian buffer in between a private road and the River.
There will be no need for an "access road" given its proximity to the existing
private road. There will not be a so-called "utility corridor" given the location of
000004
the proposed Envelope. Specific measures will be utilized to reduce erosion and
prevent sedimentation. The proposed water diversion facility qualifies as an
exception to the setback requirements of Section 7-20-30 Table 5-1., as
discussed previously. The proposed Envelope has been designed to be as small
as practicable to accommodate the diversion structure, while preserving
vegetation to the maximum extent possible. Eric Pettersen points out that "the
pipeline footprint is below the threshold where permitting from the ACOE would
be required". The disturbed areas will be revegetated no later than one growing
of project completion. There will be no negative impacts to the channel of the
River as a result of this development.
Summary
The Applicant is requesting Pitkin County approval of an Activity Envelope
adjacent to the Roaring Fork River for construction of a water diversion
structure. The Activity Envelope is at the outside edge of the riparian zone, is
located outside of the 100-year floodplain of the River, and does not significantly
impact jurisdictional wetlands. The diversion structure qualifies under the Code
as an "Exception" to the typically-required River and Riparian Buffer setbacks.
The only disturbance to the wetlands and the 100-year floodplain will be one 4"
pipe which runs from the River into one of the concrete man hole structures.
Attachments:
1. Pre-Application Conference Summary Form
2. Consent from owners to process and represent
000005
PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff DATE: 9/8/06
PHONE: (970) 920-5093 E-MAIL: suzannew(raco.pitkin.co.us
LOCATION: Popcom Lane
PARCEL ID#: 273728300009 ZONE: AR-10
OWNERIAPPLICANT: Black Diamond Land Development
REPRESENTATIVE: Rick Magill EMAIL: omagill@comcast.net
Type of Application: Activity Envelope
Description of Project/Development: Applicants propose to establish a new activity envelope for
a water diversion and pipeline to bring water from the Roaring Fork River to an augmentation pond
pursuant to the Augmentation Plan approved by the State. The property is within the Rural Area.
Type of Application: Activity Envelope
Land Use Code Sections to address in letter of request/application:
• 2-30-20.g.3,Activity Envelope Criteria for Approval;
• 7-10-50,Activity Envelope;
• 7-20-10, Site Preparation and Grading;
• 7-20-20, Steep and Potentially Unstable Slopes?
• 7-2030, Water Courses and Drainage;
• 7-20-40, Floodplain;
• 7-20-80: River and Stream Corridors and Wetlands;
Staff will refer to: East Aspen Caucus, Natural Resources
Review by: Community Development Director
Public Hearing? NO
FEES: $1,946 (make check payable to "Pitkin County Treasurer")
➢ $1,386 Planning flat fee (non-refundable; based on 6 hours of staff time; if staff review time
exceeds 7.2 hours, the Applicant will be charged for additional time at a rate of$231/hour)
➢ $560 Natural Resources referral
To apply, submit 3 copies of the following information, unless noted otherwise:
1. Letter of request, addressing Code Sections listed above.
2. 24"x W'Activity Envelope Plan as designated in Section 2.1.1 of the Pitkin County Land
Use Application Manual (attached);
3. Technical Reports as designated in Section 2.1.1 of the Application Manual: Geologic or
Engineering Report (floodplain); Stream, Wetland and Riparian Area Setback Analysis
(attached)
000006
4. Parcel description, including legal description and vicinity map
5. Application fee;
6. Proof of ownership;
7. Consent from owners)to process application and authorizing the representative(1 copy)
8. Copy of this pre-app form (1 copy)
9. Agreement for Payment form (1 copy).
NOTES:
➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE
APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OF ALL REMAINING COPIES
OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL /Ds SHOULD BE INCLUDED
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 staffs interpretations based upon representations of the applicant. Additional
information may be required upon a complete review of the application.
000007
Activity Envelope Plan: An Activity Envelope Plan showing existing conditions, the proposed
activity envelope location and configuration and the proposed driveway alignment is required.
This drawing must also show preliminary grading for the access drive alignment demonstrating
that the driveway can be done in conformance with the Driveway Standards contained in the
Pitkin County Asset Management Plan. This shall be a neat, legible drawing prepared on a
twenty-four inch (24") by thirty-six inch (36") format sheet. The drawing shall show all pertinent
dimensions and be clearly labeled. The Activity Envelope Plan must contain the following
information:
A. Title identifying type of review and the name of the project or property;
B. Vicinity map at a scale of no smaller than one inch equals two thousand feet (2,000')
and a size of no less than five inch (5") by five inch (5") showing commonly known
landmarks and the relationship of the parcel to proximate roads;
C. Boundaries of the parcel;
D. North directional arrow;
E. Date;
F. Existing water courses, drainage ways, wetlands or other surface water features, if any;
G. Scale: The Activity Envelope and access drive shall be depicted at a scale of not
smaller than one inch equals fifty feet (50');
H. Legal description of parcel;
I. Location and dimensions of activity envelope setbacks from property lines;
J. Disclaimer stating: "environmental hazard areas exist that might affect the property, any
improvements and occupancy thereof;"
K. Community Development Director signature block;
L. Owner signature block;
M. Topographic information depicting two foot(2") contour intervals within the proposed
Activity Envelope and along the proposed access, and extending at least ten feet (10')
beyond the envelope and access; additional topographic information may be required
on a site specific basis upon further review;
N. Slope analysis: Slopes shall be delineated within the Activity Envelope with two-foot
contour intervals. Slopes between each two foot (2') contour in each of the following
categories shall be designated by a distinct graphic pattern:
1) Slopes that are fifteen (15) percent or greater, but less than thirty (30) percent;
2) Slopes that are thirty (30) percent or greater, but less than forty-five (45)
percent;
3) Slopes that are forty-five (45) percent or greater;
O. Where the Activity Envelope contains any portion of a 100-year floodplain as depicted
on the FEMA Flood Insurance Rate Maps or as determined by an independent
floodplain study conducted by a Colorado-Registered engineer, or as determined by
the Pitkin County F000dplain Administrator, the floodplain shall be shown on the Activity
Envelope Plan. Where there is a perennial stream (identified by a blue line on U.S.
Geological Survey maps); intermittent stream or streambed known or apparent from
field study (excluding man-made waterways such as ditches and water features);
000008
isolated, natural wetland, and associated riparian area within the proposed Activity
Envelope the "existing high water mark' shall be shown on the Plan;
Technical Reports: Where the Activity Envelope includes any areas of physical
constraints that can not be avoided, due to the nature or extent of the constraints,
additional information will be required.
A. Geologic or Engineering Report- Where the constraints include geologic hazards,
steep slopes, potentially unstable soils, floodplain or significant drainage channels, the
application must include a geologic or engineering report providing an analysis of the
hazard and recommended mitigation measures pursuant to the applicable requirements
contained in Development Standards Chapter (Chapter 7) of the Pitkin County Land
Use Code. These reports must be prepared by a qualified professional geologist or an
engineer registered and licensed in the State of Colorado.
D. Stream, Wetland and Riparian Area Setback Analysis-Where an applicant is seeking
a reduction from the required stream, wetland and riparian area buffer the application
must include an analysis demonstrating the following:
1) The land eliminated from the required buffer area does not include any areas of
slopes greater than 30 percent;
2) The land eliminated from the required buffer area does not include highly
erodible soils and/or the streambank along the stretch of river where the
variance is requested is not unstable;
3) The proposed use of the property does not present a special hazard to water
quality or wetlands (e.g. storage or handling of hazardous or toxic materials);
4) The 100-year or intermediate regional flood zone does not exceed the minimum
50-foot required setback;
5) The proposed reduction in buffer area would not jeopardize any existing trees,
shrubs or other natural features that contribute to streambank stability, habitat
enhancement for aquatic species or riparian area protection;
6) The proposed reduction to the required buffer area would not adversely affect
any habitat for plant, animal or other wildlife species listed as threatened or
endangered by the United States Fish and Wildlife Service;
7) The proposed reduction to the required buffer area would not adversely affect
any habitat for plant, animal or other wildlife species listed by the State of
Colorado as rare, threatened, or endangered, species of special concern, or
species of undetermined status;
8) The land eliminated from the required buffer area is not does not provide storm
and flood water storage capacity needed to prevent or minimize flood damage;
9) The proposed reduction to the required buffer area would not adversely affect
fish spawning, breeding, nursery or feeding grounds;
10) The land eliminated from the required buffer area is not needed to preserve
areas of special recreational, historical, archeological, scenic, or scientific
interest.
000009
To Whom It May Concern:
Black Diamond Land Development Corporation hereby authorizes Magill & Associates,
Inc. to submit and process any land use application on its behalf with respect to the parcel
of property (PID#273728300009)it owns in Pitkin County, Colorado, located on Popcorn
Lane, east of the city of Aspen Colorado.
Black Diamond Land Dev n Corporation
By:
Jonathan . Thomas,
Agent for Blac mond evelopment Corporation
000010
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY)and E
(hereinafter APPLICANT)AGREE AS FOLLOW&
1. APPLICANT has submitted to COUNTY an application for A Ae- y!4
t 1 0 ,�Pe" (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 011-2005 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 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 APPLICANT
Cindy Houben Print Name
Community Development Director
Signature
Date: Z5i-,L-
Mailing Address:
Effective 5/25/05
Gxomty\admin\rotms\age rut to pay
Mull
ATTACHMENT A
DECREE 02CW232
®RESOURCE
000012
DISTRICT COURT,WATER DIVISION 5,COLORADO
109 EIGHTH STREET,SUITE 104
GLENWOOD SPRINGS,CO 81601
PHONE NUMBER:(970) 945-5075
COURT USE ONLY
CONCERNING THE APPLICATION FOR WATER RIGHTS OF: Case No:02CW232
BLACK DIAMOND HOLDING COMPANY, LLC AND
MCFARLAND HoLDiNcs,LLC WATER DIVISION 5
IN PrrKiN CouNTY,COLORADO.
FINDINGS OF FACT,CONCLUSIONS OF LAW AND JUDGMENT AND DECREE
THIS MATTER came before the Court upon the Application of Black Diamond
Holding Company, LLC and McFarland Holdings, LLC, by and through its attorneys
requesting an order confirming the appropriations. The above entitled Application was
filed on August 30, 2002, 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 Referee entered the Ruling In this
matter on August 26, 2003. The State and Division Engineer for Water Division 5 filed a
timely Protest to the Ruling of the Referee on September 16, 2003.
And the Court 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 Findings of Fact, Conclusions of Law and judgment and Decree in this matter.
FINDINGS OF FACT
1. Applicants filed an Application for Water Rights on August 30, 2002.
?. The Application was properly published in the resume for Water Division No. 5.
All notices required by law have been made, and the Court has jurisdiction over
the Application and over all of the parties in this case.
000013
3. The Court finds that the relief requested herein is consistent with the relief
originally requested in the Application and for which public notice was provided.
4. No Statements of Opposition to the Application were flied. The time for filing
such statements has expired. The State and Division for Water Division 5 filed a
timely Protest to the Ruling of Referee on September 16, 2003. Said protest was
settled by Stipulation and Agreement dated May 2, 2005. on file with the Court.
5. The statements in the Application are true.
6. Name,address and telephone number of Applicant:
Black Diamond Holding Company, LLC
McFarland Holdings.LLC
c/o Balcomb&Green.P.C.
818 Colorado Avenue
P.O. Drawer 790
Glenwood Springs,CO 81602
FIRST CLAIM - SURFACE RIGHT
7. Name of structure: McFarland Ditch.
8. Description of Conditional Water Right:
A. Point of diversion: A diversion point in the SW A of Section 28,Township
10 South, Range 84 West, 61 P.M., Pitkin County. Colorado whence the
southwest comer of said Section 28 bears S 39'51'23' W for a distance of
1229.80 feet and whence the west 1/16 corner of said Section 28 and
Section 33 bears S 29'20'48" E for a distance of 1084.83 feet.
B. Source: Roaring Fork River.
C. Appropriation date: July 24, 2002.
D. Amount and Use or Proposed Uses: 0.15 cfs, conditional, for irrigation of
up to 5.94 acres cumulative with the Black Diamond Ditch: and 2.0 cfs,
conditional, cumulative with the irrigation diversions for fire protection,
stock watering, and the filling of the Vulcan Pond System, for subsequent
uses of piscatorial which includes wildlife usage of pond areas. recreation,
irrigation, fire protection, stock watering, and augmentation with the right
OsE NO.02CW232 -2- FINDINCS OF FACT,CONCLUSIONS OF LAw
ANDIt MMENT A%D DECREE
000014
to fill and refill when in priority. Augmentation is limited to that described
in Case No. 03CW324.
9. Legal description and acreage of land to be Irrigated:
Up to 5.94 acres located generally within the legal description, attached as Exhibit
"A," and as illustrated on the parcel map, attached as Exhibit "B" and the
landscaping design attached as Exhibit "C."
10. The name and address of the owner of the land upon which the point of
diversion is located: McFarland Holdings, LLC, clo Otten, Johnson, Robinson,
Neff&Ragonetti,P.C., 112 North i"Street,Suite C,Aspen,Colorado 81611.
II. The name and address of the owner of the land upon which the place of use of
the water is or will be is: McFarland Holdings and Black Diamond Holding
Company, LLC, both do Otten,Johnson,Robinson,Neff&Ragonetti, P.C.,
112 North 1"Street,Suite C,Aspen, Colorado, 81611.
12. If clam to make absolute,date, use and amount of water applied to beneficial use:
N/A.
SECOND CLAIM - SURFACE RIGHT
13. Name of structure: Black Diamond Ditch.
14. Description of Conditional Water Right:
A. Point of Diversion: A diversion point in the SW 1/4 of Section 28,
Township 10 South, Range 84 West, 6' P.M., Pitkin County, Colorado
whence the southwest corner of said Section 28 bears S 34'42'43" W for a
distance of 1337.73 feet and whence the west 1/16 corner of said Section 28
and Section 33 bears S 26'52'25" E for a distance of 1234.52 feet.
B. Source: Roaring Fork River.
C. Appropriation date: July 24. 2002.
Amount: 2.0 cfs, conditional.
D. Amount and Use or Proposed Uses: 0.15 cfs, conditional, for irrigation of
up to 5.94 acres. cumulative with the McFarland Ditch: and 2.0 cfs,
conditional, cumulative with the irrigation diversions for fire protection,
C%sF No.02CW232 -3- FINDINGS OF FACT,CONCLUSIONS OF LAW
AND JUDCMENT AND DECREE
000015
stock watering, and the filling of the Vulcan Pond System, for subsequent
uses of piscatorial which includes wildlife usage of pond areas, recreation,
irrigation, fire protection, stock watering, and augmentation, with the
right to fill and refill when in priority. Augmentation is limited to that
described in Case No. 03CW324.
15. Legal description and acreage of land to be irrigated
Up to 5.94 acres located generally within the legal description,attached as
Exhibit "A: and as illustrated on the parcel map, attached as Exhibit "B" and the
landscaping design attached as Exhibit"C."
16. The name and address of the owner of the land upon which the point of
diversion is located is: Black Diamond Holding Company, LLC, c/o Cltten,
Johnson, Robinson. Neff& Ragonetti, P.C., 112 North 1" Street, Suite C. Aspen,
Colorado 81611.
IT The name and address of the owner of the land upon which the place of use of
the water is or will be is: McFarland Holdings, LLC and Black Diamond Holding
Company, LLC, both c/o Otten, Johnson, Robinson, Neff & Ragonetti. P.C.. 112
North 1"Street,Suite C,Aspen,Colorado, 81611.
18. If claim to make absolute, date, use and amount of water applied to beneficial
use: N/A.
THIRD CLAIM-STORAGE RIGHT
19. Name of structure(s): Vulcan Pond System.
20. Description of pond system: The Vulcan Pond System Includes one or more
interconnected ponds filled by deliveries from the water rights described in
Claims 1 and 2, above.
A. Legal Description of point of outlet from the downstream limit of the
Vulcan Pond System is attached hereto as Exhibit "A."
B. Source: McFarland Ditch and Black Diamond Ditch as described above.
C. Date of Appropriation: July 24, 2002.
CASE NO 02CW232 -a- FINDINGS OF FACT,CONCLUSIONS OF LAW
AND JUDGMENT AND DECREE
QUDU16
v.
D. Amount: 1.38 acre feet conditional, cumulative, for the entire Vulcan Pond
System with the right to fill and refill when water is physically and legally
available.
E. Uses or proposed uses: Irrigation. fire protection, stock watering,
augmentation, recreation, and piscatorial which includes wildlife usage of
pond areas. Augmentation is limited to that described in Case No.
03CW324.
F. Maximum height of any dams associated with the pond system: Less than
10 feet.
G. Length of dams: Maximum length of any dam is 100 feet.
H. Total capacity of pond system: 1.38 acre-feet.
I. Active capacity of pond system: 1.38 acre-feet.
J. Dead storage: 0 acre-feet.
K. Surface area of pond system combined: 12.000 square feet (0.275 acres).
21. Legal description and acreage of land to be irrigated: Up to 5.94 acres located generally
within the legal description, attached as Exhibit "A,' and as illustrated on the
parcel map, attached as Exhibit "B" and the landscaping design attached as
Exhibit"C."
22. The name and address of the owner of the land upon which the points of
diversion are located and upon which the place of use of the water is or will be is:
McFarland Holdings, LLC and Black Diamond Holding Company, LLC, c/o
Otten, Johnson, Robinson. Neff & Ragonetti, P.C., 112 North I° Street, Suite C.
Aspen,Colorado 81611.
23. The name and address of the owner of the land upon which the place of use of
the water is or will be is: McFarland Holdings, LLC and Black Diamond Holding
Company, LLC both c/o Otten, Johnson, Robinson, Neff & Ragonetti, P.C.. 112
North i"Street, Suite C. Aspen,Colorado,81611.
24. If claim to make absolute, date, use, and amount of water applied to beneficial
use: N:A.
CASE No.02C W232 -5- Fv DINGS OF FACT,CONCLUSIONS OF LAW
AND JCDGNILNT AND DECREE
000017
� .
1.00
25. Remarks: The McFarland Ditch, the Black Diamond Ditch and the Vulcan Pond
System are parts of an integrated water supply for Applicants' property. "When
a project or integrated system is comprised of several features, work on one
feature of the project or system shall be considered in finding that reasonable
diligence has been shown in the development of water rights of the entire project
or system." C.R.S. §37-921-301(4)(b).
CONCLUSIONS OF LAW
26, The foregoing findings of fact are fully incorporated herein to the extent they
contain conclusions of law.
27. This Court has jurisdiction over the subject matter of this Application pursuant to
C.R.S.,§37-92-203.
28. All notices required by law have been properly made, including as required
under C.R.S. §37-92-302(3). The Court has jurisdiction over the Application, and
over all persons or entities who had standing to appear, even though they did
not do so.
29. The Application is complete, covering all applicable matters required pursuant to
the Water Right Determination and Administration Act of 1969, C.R.S. §§ 37-92-
101 through 602.
30. The Court has given due consideration to the Division Engineer's Summary of
Consultation dated November 19,2002.
31. The Court hereby concludes the established that water can and will be diverted
under the subject conditional water and will be beneficially used, and that this
water supply project can and will be completed with diligence and within a
reasonable time.
32. The conditional water rights decreed herein are individual components of
integrated water supply system Consequently, in subsequent diligence
proceedings, work on any one feature of supply system shall be considered in
finding that reasonable diligence has been shown in the development of water
rights for all features of water supply system. see C.R.S. §37-92-301(4)(b).
33. The subject Application is in accordance with Colorado law. Applicants have
fulfilled all legal requirements for entry of a decree in this case.
CASE No.02CW232 -6- FINDINGS of FACT,CONCLUSIONS OP LAW
4ND JUDCkIFNT %ND DECREE
OUOU18
34. The Court finds that with respect to the conditional water rights claimed, the
Applicants have Initiated valid appropriations of water rights, as of the dates
claimed,and has satisfied the applicable requirements for initiation of conditional
water rights, including the requirements of C.R.S. S 37-92.305(9)(b).
JUDGMENT AND DECREE
1. The foregoing Findings of Fact and Conclusions of Law are incorporated herein.
2. The Applicants shall be granted conditional water rights,as follows:
A. McFarland Ditch, in the amount of 2.0 for the purposes of fire protection,
stock watering, irrigation and the filling of the Vulcan Pond System, for
subsequent uses of piscatorial, recreation, irrigation, fire protection, stock
watering. wildlife, and augmentation with the right to fill and refill when
in priority, with an appropriation date of July 24. 2002. Diversions for
irrigation purposes shall be limited to 0.15 cis, cumulative with the Black
Diamond Ditch. Augmentation is limited to that described in Case No.
03CW324.
B. Black Diamond Ditch, in the amount of 2.0 cfs, for the purposes of fire
protection, stock watering, irrigation and the filling of the Vulcan Pond
System, for subsequent uses of piscatortal, recreation, irrigation, fire
protection, stock watering, wildlife, and augmentation, with the right to
fill and refill when in priority, with an appropriation date of July 24, 2002.
Diversions for irrigation purposes shall be limited to 0.15 cfs, cumulative
with the McFarland Ditch. Augmentation is limited to that described in
Case No.03CW324.
C. Vulcan Pond System, In the amount of 1.38 acre feet, for the purposes of
irrigation, fire protection. stock watering, wildlife, augmentation,
recreation, and piscatorial, with an appropriation date of July 24, 2002.
Augmentation is limited to that described in Case No.03CW324.
3. The McFarland Ditch. Black Diamond Ditch and the Vulcan Pond system may be
operated in accordance with this Decree so long as the terms and conditions
herein set forth are fully adhered to throughout the operation of the plan for
augmentation applied for in Case No. 03CW324. Pursuant to Section 37-92-
305(8).C.R.S. (2004),the Division Engineer and State Engineer shall curtail all out-
of-priority diversions. the depletions from which are not so replaced as to
prevent injury to vested water rights.
CASE NO.02CW232 -7. FINDINCSOF FACT,CONCLUSIONS OF LAN'
AND JUDGMENT AND DECREE
000019
4. The Findings of Fact and Conclusions of Law as contained in paragraphs I
through 34, above, are incorporated in the Judgment and Decree as if fully set
forth herein.
5. This Decree shall be filed with the Water Clerk subject to judicial review.
6. A copy of this Decree shall be tiled with the appropriate Division Engineer and
State Engineer.
7. The conditional water herein shall be in full force and effect until
_j*L, 2011. If the Applicants wish to maintain the conditional water
thereafter it shall the an application for a finding of reasonable diligence on or
before that date, or make a showing on or before then that the conditional water
rights have become absolute water rights by reason of the completion of the
appropriations.
8. Review of determinations made by the Division Engineer or the State Engineer in
administration of the subject water rights are "water matters" which the Water
Court has exclusive jurisdiction.
9. Pursuant to Rule 9 of the Uniform Local Rules for All State Water Court Divisions,
upon the sale or other transfer of the conditional rights, the transferee shall file
with the Division 5 Water Court a notice of transfer which shall state:
A. The title and case number of this Case No. 02CW232;
B. The description of the conditional water right transferred;
C. The name of the transferor;
D. The name and mailing address of the transferee;
E. A copy of the recorded deed.
The owner of the said conditional water rights shall also notify the Clerk of the Division
5 Water Court of any change in mailing address. The Clerk shall place any notice of
transfer or change of address in the case file of this Case No. 02CW232 and in the case
file (if any) in which the Court first made a finding of reasonable diligence.
CASE No.02CW232 -8- FINDINGS of FACT,CONCLUSIONS OF LAw
AND JUDGMENT.\ND DECREE
000020
It is accordingly ordered that this ruling of Referee and judgment and decree
shall be filed with the Water Clerk and shall become effective upon such filing, subject
to judicial review pursuant to C.R.S. §37-92-304.as amended.
It is further ordered that a copy of this ruling of Referee and judgment and
decree shall be flied with the State Engineer and the Division Engineer for Water
Division No. 5.
Dated this ay of 2005.
J4on. .Peter C ge
Water Division No. 5
State of Colorado
CASE No.02CW232 9- FINDINGS of FACT,CONCLUSIONS of LAW
AND JUDGMENT AND DECREE
000021
;.„ ,,,,, Exhibit A
! : ' RESOURCE
E N G I N E E R I N G I N C
Rick Magill September 26, 2006
Magill&Associates
56 Cinnamon Court
Aspen, CO 81611
Via First Class Mail and E-mail
RE: Morningstar Preserve
Dear Rick:
Per your request, Resource Engineering, Inc. (RESOURCE) has outlined the purpose and
proposed use for the McFarland and Black Diamond ditches for Morningstar Preserve.
As you are aware, Morningstar Preserve (Preserve) is a small residential community located in
Pitkin County comprised of several parcels including: Bellevue Lodge; Cotheletone Manor;
Wildwood; River Bend; Black Diamond; Black Diamond Guest House; Meadowood; Carney;
and Benson. A vicinity map of the Preserve is shown in Figure 1. The domestic water for this
project will be supplied primarily by individual exempt wells. The water supply for the
Preserve's irrigation and pond systems will originate primarily from the Roaring Fork River and
McFarland Gulch. Both these sources are anticipated to deliver water to the McFarlane and
Wildwood ponds located in the northwest comer of the development.
The Preserve's Roaring Fork River sources are the McFarland Ditch and Black Diamond Ditch
as shown on Figure 2. A third source is McFarland Gulch. The purpose and proposed uses of
all three sources are further discussed in the Water Rights section below. Diversions from
Popcom Creek are also permitted when available as outlined in Case No. 02CW398.
During periods when no water right calls have been placed on the Roaring Fork River or the
Colorado River below its confluence with the Roaring Fork River, diversions from the Roaring
Fork River and McFarland Gulch will be routed into and through the various ponds as described
below. Water diverted into the McFarlane and Wildwood ponds will be used to irrigate lawn and
garden areas within the Preserve. It is anticipated that water will be diverted from McFarlane
Pond into an irrigation pump vault and delivered under pressure to the parcels irrigating with the
raw water system.
Water Rights
Case No. 02CW232
The Water Court entered a decree in Case No. 02CW232 on May 23, 2005, granting a 0.15 ds
conditional water right each to the McFarland Ditch and Black Diamond Ditch for irrigation up to
5.94 acres cumulative and 2.0 ds conditional cumulative for filing of the Vulcan Pond System,
fire protection and stock watering. The Vulcan Pond System currently consists of two ponds
known as the McFarlane and Wildwood ponds. The Decree also awarded a storage right to the
Vulcan Pond System in the amount of 1.38 AF conditional cumulative for the entire Vulcan
Pond System with the right to fill and refill when water is physically and legally available for
Consulting Engineers end f- c gusts
909 Colorado Avenue Glen✓ d Springs,CC)81601 (970)945.6777 Fe 19701945-1137
000022
Mr. Rick Magill
September 26, 2006
Page 2 of 2
irrigation, fire protection, stock watering, wildlife propagation, augmentation and exchange,
recreation and piscatorial purposes and a surface area not to exceed 0.275 acres. Attachment
A is a copy of the Decree.
Case No. 03CW324
The McFarland Ditch, Black Diamond Ditch and the Vulcan Pond System are to be operated in
accordance with the plan for augmentation outlined in Case No. 03CW324. Case No.
03CW324 is an application filed on behalf of the Preserve for water rights, change of water
rights, and approval of a plan for augmentation. This application has been amended twice
since its original filing to reflect changes that have occurred in the planning of the development.
In general, Case No. 03CW324 contains claims for storage rights for the Black Diamond Pond,
Meadowood Pond, and the Carney Pond System for fire protection, stock watering,
recreational, piscatorial and direct wild life uses. In addition, there is also a claim for an
underground water right for the only non-exempt domestic well, the Black Diamond Well, for
indoor use only and a claim for the McFarlane Pipeline diverting from the McFariane Gulch in
the amount of 0.5 cfs conditional to fill and refill the McFarlane and Wildwood ponds (part of
Vulcan Pond System) for fire protection, irrigation and augmentation uses, as well as to fill the
Black Diamond, Meadowood and Carney Pond System ponds.
We trust that this is the information you require and look faward to continuing to work with you on
this very important project,
Sincerely,
RESOURCE ENGINEERING, INC.
ey
Eric F. Mangeot, P.E.
Water Resources Engineer
cc: Sara Dunn, Balcomb&Green w/o Attachments
Jonathan Thomas, Black Diamond Holdings, LLC
K%Cil ean0W ra010Iaacsrarm.0 waW 110ft faiiftfte Me .6w
RESOURCE
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000026
Exhibit C
ta-IFE-NEGETATION-WILDFIRE
MOUNTAIN ECOLOGICAL SERVICES INC.
L MITIGATION-WETLANDS-PLANNING
October 25, 2006
Rick Magill
Magill&Associates
0056 Cinnamon Ct.
Aspen CO,81612
RE: Morningstar Water Division Structure- Riparian Setbacks
Dear Mr. Magill
I visited the Morningstar subdivision In Pitkin County, on August 28,2006 with Mr. Rick
Magill,the owner's representative. Mr. Magill is establishing an activity envelope for the
construction of a water diversion structure. Mr. Magill indicated during the site visit that
due to engineering and legal requirements,the location of the water diversion structure on
the Roaring Fork River could only be installed along a very specific area on the river.
Details of these legal and engineering requirements can be referenced in the September
26,2006 letter from Resource Engineering to Rick Magill.
This report is written according to the Pitkn County Land Use Code 7 20-80: River and
Stream Corridors and Wetlands standards for seeking a reduction from the required
stream,wetland and riparian area buffer standards. Additionally,the activities described
by Mr. Magill and the Resource Engineering letter(9-26.2006)indicates that this activity
falls under the regulatory guidance of Section (c) Exceptions of 7-20-80, particularly for
water diversion facilities. Further,the applicant has demonstrated that they have followed
section(d) Mitigation Standards to the extent possible as long as the mitigation measures
presented in this report are followed.
Elements of the Proposed Reduction and Impacts
1. The area proposed for the water diversion structure does not include any areas of
slopes greater than 30%. The bank of the Roaring Fork, (which should not be
impacted by the construction of the water diversion well as it is set back from the
river by approximately 15'), does exceed 30%, but proposed actions should not
occur on this slope. A 4 inch pipe will be placed through this area to the Roaring
Fork River, but this pipeline installation should not cause any slope issues.
2. The area impacted by the installation of the water diversion structure does not
include any significantly erodible soils materials, and avoids significant direct
disturbances to the streambank.
3. The proposed action does not present a special hazard to water quality or
wetlands. As the well and structure will only produce a very small footprint near
the river,this action should produce a very small area which could generate
sediment delivery to the river, as long as erosion control and stormwater runoff
0222 BOBCAT LANE • REDSTONE • COLORADO • 81623
PHONE/FAX: (970) 963-2190 • CELL: (970) 309-4454
EMAIL: ERIC.PETTERSON QSTARBAND.NET
000027
Moemngttar Ribanan Setback A.vaument Oaober 25,2006
BMPs are followed. The proposed action is outside of jurisdictional wetlands(as
delineated by Claffey Ecological Consulting). The pipeline installation footprint is
below the permitable threshold where permitting from ACOE would be required.
4. The proposed action is not within the 100-year floodplain.
5. The proposed action would require the removal of approximately 3 mature
narrowleaf cottonwood(Populus angustifolis)trees. As these trees do likely
provide streambank stabilization, revegetation with suitable plant materials to
ensure bank stability would be necessary. The trees do provide some limited
riparian habitat for birds, etc., but as the generally area is heavily impacted by the
bridge and road system,the habitat effectiveness of these trees is likely limited.
6. The proposed action and reduction in buffer area would not adversely affect any
habitat for plant, animal or other wildlife species listed as Threatened or
Endangered by the US Fish and Wildlife Service. The only T&E species which
may occur in this area is Canada lynx, or possibly bald eagle. There are no known
bald eagle perches in this area. The installation of the diversion structure should
not adversely impact either of these species. Any water depletions and potential
impacts to the four Colorado River Endangered fish species would be covered
under the 1999 Final Programmatic Biological Opinion (USFWS 1999).
7. The proposed actions would likely adversely affect habitats for Colorado River
cutthroat trout habitat in the immediate area of the diversion structure through
removal of shading from the cottonwood trees, However, revegetation with willow
species along this area should mitigate any increase in sunlight and potential water
heating in this area.
8. The land which would contain the diversion structure does not provide storm and
flood water storage capacity, as the vast majority of the area to be affected is
currently a road platform outsloped to the river.
9. The proposed action would not adversely affect fish spawning, breeding, or
nursery or feeding grounds. The removal of the cottonwood trees would further
decrease shading and fish cover in the area, and should be mitigated with
revegetation as soon as possible,but measurable impacts to the above fish
habitats would be insignificant.
10.The area impacted by the proposed action within the riparian buffer area is not
needed to preserve any scientific interest. As the area is mostly dominated by
roads,the bridge, and a very narrow riparian corridor,unique habitats or species
are not known to occur or use this area.
Mitigation Measures
In order for the above determinations to be valid, the following mitigation measures need
to be followed:
1. Standard erosion control and stormwater runoff measures (BMPs) must be
followed during construction and operation of the water diversion structure in order
to prevent sediments from reaching the Roaring Fork River. This may include silt
fencing and more substantial dams/sediment control structures to prevent drilling
materials from reaching the river system.
2. Areas immediately around the diversion structure should be revegetated with
native plant materials. This would include grasses/forts for erosion control, and
EKY MOUNTAIN ECOLOGICAL SERVICES INC 2
000028
Afimnyz Umiax Setback A.ustmrmt Odobrr25.2006
additionally the following shrubby species should be installed in the area of the
cottonwood trees and rivers edge to mitigate for loss of shade to the Roaring Fork
River:
a. Rocky Mountain willow(Salix monficola)
b. Drummond's willow(Salix drummondiane)
c. River birch (Betula fonfinalis)
d. Red osier dogwood(Comus stolonifera)
e. Wood's rose(Rosa woodsio
These plant materials should be at least 3-4 feet tall in order to more rapidly
replace the lost shading and bank stabilization provided by the cottonwood trees.
In addition, understory grasses should be live planted and seeded as soon as
possible in order to provide additional bank stabilization. These understory
grasses should include:
f. Tufted hairgrass(Deschampsia caespitose)
g. Nebraska sedge(Carex nebraskensis)
h. Bluejoint reedgrass(Calamagrostis canadensis)
I. Blue wildrye(Elymus glaucus)
3. Other bank stabilization measures may also need to occur,such as small diameter
riprap, etc., if impacts within the high water mark may occur.
4. The area should be treated for noxious weeds prior to construction, and the
following year after construction.
Thank you for this opportunity to comment on this property,and please feel free to call if you
have any questions.
Sincerely,
Eric Patterson
Rocky Mountain Ecological Services, Inc.
WYMOUNTAIN ECOLOGICAL SERVICES,INC 3
000029
""' RESOURCE
SHONE
SENSE E N G I N E E R I N G I N C
Ezra Louthis February 5, 2007
Pitkin County Planner
130 S. Galena Street
Aspen, CO 81611
Via Hand Delivery
RE: Morningstar Preserve—Black Diamond Ditch Diversion
Dear Mr. Louthis:
It is our understanding that Pitkin County desires to have Morningstar Preserve relocate the
Black Diamond Ditch diversion upstream to avoid several nearby cottonwood trees. The
purpose of this letter is to summarize the basis of our recommendation to keep the diversion at
its decreed location (Case No. 02CW232).
1. Ease of construction. The decreed point of diversion was selected for ease of access
and construction. The roadway near the bridge provides a construction platform to stage
equipment and materials. If the diversion were to be relocated as requested, a greater
area of disturbance could be required for construction access.
2. Desired location for operations, maintenance, and replacement (OM&R). For the
reasons outlined above, the decreed location is an optimal location for OM&R access.
3. Maximize the water availability to the pump intake. There is a small island in the Roaring
Fork River upstream from the bridge. We understand that beaver(s) have historically
built dams between the island and the left bank of the Roaring Fork River causing much
of the streamflow to shift to the opposite bank away from the County's proposed point of
diversion. We do not know what impact, if any, this would have on water availability
during low flow periods. Additional investigation would be required.
4. Avoid additional disturbance of wetlands. We believe that relocating the pump station
could cause additional wetland disturbance based on our familiarization with the site and
a review of aerial photography. A new wetland survey and possible Section 404 permit
would be required to facilitate the requested change in point of diversion.
We trust that this is the information you require. Please contact me should you have any
questions or require further information.
Sincerely,
RESOURCE ENGINEERING, INC.
By
Eric F. Mangeot, P.E.
Water Resources Engineer
cc: Rick Magill, Magill and Associates, Inc.
Sara Dunn, Balcomb&Green, P.C.
1063-1.0\EFM
K1CI,entsklW3 MORNINGSTMR 1 0 Water RignUNirver Drversian Relo iw Memo dm
Consulting Engineers and Hydrologists
909 Colorado Avenue N Glenwood Springs, CC B1 B01 n (970)945-6777 ■ Fax (970)945-11 37
00000
Exhibit D
OTTENIOHNS ® N
RDSINSQN NEFF +RAGONET TI�
March 7,2006 J DART JOHNSON
,7?y44 c636
SART®OTTENJOHNSON COM
VIA HAND DELIVERY
Pitkin County Community Development
Department
Re: Proof of Ownership for Black Diamond Land Development Corporation Property
To Whom it May Concern:
Based upon my review of the title insurance commitment issued by Land Title Guarantee Company dated
December 23, 2005.a copy of which is enclosed with this letter. I have concluded that Black Diamond Land
Development Corporation,a Colorado corporation,is the owner of the property described as Parcel C in the
attached title commitment. Please accept this opinion of title for the purposes of permitting Rick Magill to
process any land use applications on behalf of Black Diamond Land Devel ment Corporation.
Best regar s.
J. Bart Jo n
for the Fi
JBJ/nnlp
681067.1
Enclosures
cc: Jonathan M. Thomas(wlencl.)
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420 E AS MAIN STUEE( SLi TE 210 ASPEN 00.02AOO ei6ii P 910 544 4637 F 370 544 4632 W OTTENJOHNSON COM #
9ENVER P5F 2N ?Tk AMECA1 "Q;NGS
000031
Land Tide Guarantee Company
CUSTOMER DISTRIBUTION
Land Tide
W".TEE ttlYE.,M1
Date: 12-23-200S Our Order Number: Q387486-8
Property Address:
ASPEN, CO 81611
Ifyou have any biqubkes or require farthrr awmance,Please contac7 one of the nu tbas below:
Far Title Aadstaooe: For gooiae Aatlsfar m
Aspen Title DepL Janke L.Johnson
Arm Shoomses SM E HOPKINS#102
533 E HOPKINS 0192 ASPEN, CO 81611
ASPEN,CO 81611 Pbone: M925-IM
Phone:979-925-1678 Fax: 979-925-sm
Fax: 970-VA-6m EMaB: ,johnson®k;c.com
EMaY: adumwveniksc.cem
BANK MIDWEST LAND If LE GUARANTEE COMPANY
2S20 S GRAND AVE#202 533 E HOPKINS 4102
G1ENWOOD SPRINGS,CO 81601 ASPEN,CO 81611
Ado: JEFF KUHLMAN Ago: Carta Johmm
am 970-945-5832 Phone: 9WO25-1678
In: 970-945-5546 In: 970-M-6243
Copks: 1 Copks: 1
EMa9:JhAhwa@dfdw.com EMad:cw*rjohw=V1 c.com
Sat Via EMaa
OTMN IOHNSON ROBINSON NEFF&RAGONEM PC
420 E MAIN ST#219
ASPEN.CO 31611
Ann: FART JOHNSON
Phone: M544-4637
Fan: 979-54EM
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000032
Land Tide Guarantee Company
Date: 12-23-2005
LTd T* Our Order Number: Q3974WS
yyg.ILE LCWVfV
Property Address:
ASPEN, CO 81611
Owner:
POPCORNLAND, LLC. A COLORADO LIMITED LIABILITY COMPANY AS TO PARCEL A
aursarrarasa+ssssr+r«rss+Nsssrr+r+«srrarrass+rrrsssrsrsssssss+ss+
Note: Once an arWoal commitment bus been Wood,any subsequent
modU ationssvvWbe«s phasizedbyu dmikdi+agarorcommentL
+asrassssrsr
Need a or dtrectiom for your u��7 Check out Land Title's web site at www.Itge.com
for dbsW to sf ow Sr1onke
ESTIMATE OF TITLE FEES
Alta Lou PoNcy 10.17-92 (Rdwe Rale) $9,337.00
Deletion of Standard Exception(s) (Lender) $0.00
Tax CerliBcale $80.00
TOTAL $9,417.00
s.e mio�:.c n,xaar 7HAW YOU FOR YOUR ORDM
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000033
Old Republic National Tide Insurance Company
ALTA COMMITMENT
Our Order No. Q3874WB
Scbedsde A Cuss. Ref.:
Property Address:
ASPEN, CO 91611
1. Effective Date: December 19. 2005 at 5:00 P.M.
2. Policy to be Issued,and Proposed Imured:
"ALTA- Loan Policy 10-17-92 $13,000,000.00
Proposed lowed:
BANK MIDWEST, N.A..
3. The estate or Interest in the laud described or referred to in this Commitment and covered herein is:
A Fee Simple
4. Title to the estate or Interest covered herein b at the eRective date hereof vested In:
SEE ATTACHED
5. The land referred to In this Commitment Is described as follows:
SEE ATTACHED PAGE(S)FOR LEGAL DESCRIPTION
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000034
our Order No. Q387496-8
4.Title to do ostato or bwest covered herein is at the effatire date hereof vestd it
POPCORNLAND,LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO PARCEL A
INDEPENDENCE LAND, LLC, A COLORADO LIMITED LIABILITY COMPANY AS TO
PARCEL B
BLACK DIAMOND LAND DEVELOPMENT CORPORATION, A COLORADO CORPORATION AS
TO PARCEL C
MCFARLAND HOLDINGS, LLC,A COLORADO LIMITED LIABILITY COMPANY AS TO
PARCEL D
000035
our Order No: Q387496-8
LEGAL DESCRIPTION
PARCEL A:
A PARCEL OF LAND BEING A PORTION OF A PARCEL DESCRIBED AT RECEPTION # 430209 IN
THE PLI'KIN COUNTY CLERK AND RECORDER'S OFFICE BEING LOCATED IN THE SW 1/4 SW
1/4 OF SECTION 28,TOWNSHIP 10 SOUTH. RANGE 84 WEST, 6TH PRINCIPLE MERIDIAN,
PITKIN COUNTY,COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 236
AT PAGE 326 OF THE PITKIN COUNTY CLERK AND RECORDER'S OFFICE WHENCE THE
SOUTHWEST SECTION CORNER OF SECTION 28 MONUMEIPPED WITH A 1978 BLM BRASS CAP
BEARS S 15 DEGREES 26'27" W A DISTANCE OF 789.46 FEET: THENCE ALONG EAST LINE
OF SAID BOOK 236 AT PAGE 328 N 00 DEGREES 44'48"E A DISTANCE OF 99.13 FEET TO
A POINT ON THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN BOOK 377 AT PAGE 161
IN THE PTTKIN COUNTY CLERK AND RECORDER'S OFFICE:THENCE ALONG SAID SOUTH LINE
OF SAID BOOK 377 AT PAGE 161 S 4b DEGREES 00'00" E A DISTANCE OF 85.35 FEET;
THENCE ALONG THE EAST LINE OF SAID BOOK 377 AT PAGE 161 N 00 DEGREES 44'48" E
A DISTANCE OF 32.49 FEET; THENCE ALONG THE NORTH LINE OF SAID BOOK 377 AT PAGE
161 N 90 DEGREES 00'00" W A DISTANCE OF 95.35 FEET TO THE INTERSECTION WITH
THE EASTERLY LINE OF A TRACT OF LAND DESCRIBED IN A DEED OF PLINE AT RECEPTION
#107531 IN THE PPCKIN COUNTY CLERK AND RECORDER'S OFFICE:THENCE ALONG SAID
EAST LIVE OF SAID TRACT N 00 DEGREES 44'48" E A DISTANCE OF 88.00 FEET;THENCE
S 89 DEGREES 58'37"E A DISTANCE OF 314.98 FEET: THENCE S 00 DEGREES 01'23" W
A DISTANCE OF 197.07 FEET:THENCE S 89 DEGREES 59'59"W A DISTANCE OF 230.31
FEET:THENCE S 00 DEGREES 44'48"W A DISTANCE OF 22.40 FEET: THENCE N 90
DEGREES 00'00"W A DISTANCE OF 87.16 FEET TO THE POINT OF BEGINNING.
PARCEL B:
A PARCEL OF LAND LOCATED IN THE SW 1/4 SW 1/4 OF SECTION 28,TOWNSHIP 10
SOUTH, RANGE 84 WEST, 6TH PRINCIPLE MERIDIAN, PITKIN COUNTY,COLORADO, ALSO
BEING IN THE PARCEL OF LAND DESCRIBED IN RECEPTION NUMBER 112127 OF THE PITKIN
COUNTY CLERK AND RECORDER'S OFFICE BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE WEST SECTION LINE OF SECTION 28 WHENCE THE
SOUTHWEST SECTION CORNER OF SECTION 28 MONUMENTED WITH A 1978 BLM BRASS CAP
BEARS S 00 DEGREES 44'48" W A DISTANCE OF 1191.54 FEET:THENCE ALONG SAID WEST
SECTION LINE OF SAID SECTION 28 N 00 DEGREES 44'48" E A DISTANCE OF 179.22
FEET TO THE S 1/16 CORNER OF SECTION 28 ALSO BEING A 1978 BLM BRASS CAP FOUND
IN PLACE,THIS LINE BEING THE BASIS OF BEARING; THENCE ALONG THE NORTH LINE OF
THE SW 114 SW 1/4 OF SAID SECTION 28 ALSO BEING THE NORTH LINE OF SAID
RECEPTION#112127 N 88 DEGREES 43'40" E A DISTANCE OF 657.73 FEET TO THE C-W-SW
1/64 CORNER ALSO BEING A 1978 BLM BRASS CAP FOUND IN PLACE:THENCE ALONG THE
EAST LINE OF SAID RECEPTION #112127 FOR THE FOLLOWING FOUR(4) COURSES:
1. THENCE S 00 DEGREES 35'53" W A DISTANCE OF 94.71 FEET:
2. THENCE S 68 DEGREES 05'00" E A DISTANCE OF 60.45 FEET;
3.THENCE S 61 DEGREES 29'00" E A DISTANCE OF 48.25 FEET;
i
OHM
Our Order No: Q3974WB
LEGAL MURK=
4. THENCE S 12 DEGREES 45'00" E A DISTANCE OF 23.62 FEET TO THE INTERSECTION
WITH THE BOUNDARY OF THE WHITE RIVER NATIONAL FOREST, UNITED STATES DEPARTMENT
OF AGRICULTURE:
THENCE ALONG SAID WHITE RIVER NATIONAL FOREST BOUNDARY FOR THE FOLLOWING TWO
(2) COURSES:
1. S 12 DEGREES 45'00"E A DISTANCE OF 7.42 FEET;
2.THENCE S 07 DEGREES 34'00" E A DISTANCE OF 78.98 FEET;
THENCE S 72 DEGREES 51'45"W A DISTANCE OF 26.54 FEET;THENCE 46.90 FEET ALONG
THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 70.00 FEET,AN
INCLUDED ANGLE OF 38 DEGREES 23'09",AND THE CHORD BEARS S 53 DEGREES 40'10" W
A DISTANCE OF 46.02 FEET: THENCE N 73 DEGREES 27'15"W A DISTANCE OF 65.11
FEET;THENCE 26.00 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A
RADIUS OF 2W.00 FEET, AN INCLUDED ANGLE OF 07 DEGREES 26'59", AND THE CHORD
BEARS N 69 DEGREES 43'45" W A DISTANCE OF 25.99 FEET; THENCE N 66 DEGREES
00'16" W A DISTANCE OF 50.39 FEET; THENCE 32.61 FEET ALONG THE ARC OF A TANGENT
CURVE TO THE LEFT HAVING A RADIUS OF 200.00 FEET, AN INCLUDED ANGLE OF 09
DEGREES 20'31", AND THE CHORD BEARS N 70 DEGREES 40'31" W A DISTANCE OF 32.57
FEET:THENCE N 75 DEGREES 20'47" W A DISTANCE OF 120.81 FEET;THENCE 115.55
FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 350.00
FEET, AN INCLUDED ANGLE OF 18 DEGREES 54-58". AND THE CHORD BEARS N 65 DEGREES
53'18"W A DISTANCE OF 115.03 FEET;THENCE 108.94 FEET ALONG THE ARC OF A
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET,AN INCLUDED ANGLE OF
41 DEGREES 36'39", AND THE CHORD BEARS N 77 DEGREES 14'09" W A DISTANCE OF
106.56 FEET; THENCE 114.88 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 75.00 FEET, AN INCLUDED ANGLE OF 87 DEGREES 45'51', AND THE
CHORD BEARS S 38 DEGREES 04'36' W A DISTANCE OF 103.98 FEET;THENCE N 89
DEGREES 15'12"W A DISTANCE OF 153.82 FEET TO THE POINT OF BEGINNING.
PARCEL C:
A TRACT OF LAND SITUATED IN THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION
28,TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6TH PRINCIPAL MERIDIAN, PTTKIN
COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT WHENCE THE SOUTHWEST SECTION CORNER OF SECTION 28
MONUMENTED WITH A 1978 BLM BRASS CAP BEARS S 45 DEGREES 40'58" W A DISTANCE OF
943.48 FEET; THENCE N 05 DEGREES 43'01" W A DISTANCE OF 20.09 FEET;THENCE
70.25 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
150.00 FEET, AN INCLUDED ANGLE OF 26 DEGREES 49'55",AND THE CHORD BEARS N 07
DEGREES 41'57"E A DISTANCE OF 69.61 FEET;THENCE N 21 DEGREES 06'54" E A
DISTANCE OF 35.12 FEET; THENCE S 89 DEGREES 21'21" E A DISTANCE OF 129.13
FEET;THENCE N 00 DEGREES 30'38" E A DISTANCE OF 199,93 FEET;THENCE N 89
DEGREES 58'37"W A DISTANCE OF 613.14 FEET TO A POINT ON THE EAST LINE OF A
TRACT OF LAND DESCRIBED IN A DEED AT RECEPTION#107531 IN THE PTTKIN COUNTY
CLERK AND RECORDER'S OFFICE.THENCE N 89 DECREES 58'37"W A DISTANCE OF 30.96
FEET;THENCE 3.87 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT
000037
Our Order No: Q397486-8
LEGAL DESCRW"
HAVING A RADIUS OF 100.00 FEET, AN INCLUDED ANGLE OF 02 DEGREES 12'58", AND
THE CHORD BEARS N 03 DEGREES 51'18"E A DISTANCE OF 3,97 FEET:THENCE N 04
DEGREES 57'46" E A DISTANCE OF 85.48 FEET; THENCE 37.69 FEET ALONG THE ARC OF
A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 150.00 FEET.AN INCLUDED ANGLE
OF 14 DEGREES 23'51",AND THE CHORD BEARS N 02 DEGREES 14'09' W A DISTANCE OF
37.59 FEET; THENCE N 09 DEGREES 26'05' W A DISTANCE OF 79.54 FEET;THENCE
119.63 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF
75.00 FEET, AN INCLUDED ANGLE OF 91 DEGREES 23-38", AND THE CHORD BEARS N 36
DEGREES 15'44" E A DISTANCE OF 107.35 FEET: THENCE 108.94 FEET ALONG THE ARC
OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 150.00 FEET, AN INCLUDED
ANGLE OF 41 DEGREES 36'39", AND THE CHORD BEARS S 77 DEGREES 14'09" E A
DISTANCE OF 106.56 FEET;THENCE 115.55 FEET ALONG THE ARC OF A TANGENT CURVE TO
THE LEFT HAVING A RADIUS OF 350.00 FEET, AN INCLUDED ANGLE OF 18 DEGREES
54'58",AND THE CHORD BEARS S 65 DEGREES 53'18"E A DISTANCE OF 115.03 FEET:
THENCE S 75 DEGREES 20'47'E A DISTANCE OF 120.81 FEET:THENCE 32.61 FEET
ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET,
AN INCLUDED ANGLE OF 09 DEGREES 20'31".AND THE CHORD BEARS S 70 DEGREES 40,31"
E A DISTANCE OF 32.57 FEET;THENCE S 66 DEGREES 00'16" E A DISTANCE OF 50.39
FEET;THENCE 26.00 FEET ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 200.00 FEET.AN INCLUDED ANGLE OF 07 DEGREES 26'59".AND THE CHORD
BEARS S 69 DEGREES 43'45" E A DISTANCE OF 25.99 FEET:THENCE S 73 DEGREES
27'15" E A DISTANCE OF 65.11 FEET; THENCE 46.90 FEET ALONG THE ARC OF A NON
TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 70.00 FEET, AN INCLUDED ANGLE OF
38 DEGREES 23'09".AND THE CHORD BEARS N 53 DEGREES 40'10" E A DISTANCE OF
46.02 FEET:THENCE N 72 DEGREES 51'45" E A DISTANCE OF 26.54 FEET TO THE
INTERSECTION WITH THE BOUNDARY OF THE WHITE RIVER NATIONAL FOREST, UNITED
STATES DEPARTMENT OF AGRICULTURE:THENCE ALONG THE BOUNDARY OF THE WHITE RIVER
NATIONAL FOREST AS SHOWN IN PLAT BOOK 437 AT PAGE 420 IN THE PITKIN COUNTY
CLERK AND RECORDER'S OFFICE FOR THE FOLLOWING SDC WCOURSES:
1. S 07 DEGREES 34'00" E A DISTANCE OF 0.75 FEET;
2.THENCE S 11 DEGREES 04'00" E A DISTANCE OF 106.22 FEET:
3. THENCE N 89 DEGREES 00'00" E A DISTANCE OF 24.99 FEET;
4. THENCE S 00 DEGREES 35'58'W A DISTANCE OF 347.47 FEET TO A 1/1024 CORNER OF
SAID SECTION 28;
S.THENCE N 89 DEGREES 20'18'E A DISTANCE OF 494.36 FEET TO A C-S-SW 1/64
CORNER OF SAID SECTION 28 MONUMENTFD WITH 1978 BLM BRASS CAP;
6.THENCE S 00 DEGREES 32'25"W A DISTANCE OF 40.99 FEET;
THENCE N 89 DEGREES 59'45" W A DISTANCE OF 650.99 FEET ALONG THE NORTH LINE OF
THE WIGHT TRACT DESCRIBED AT RECEPTION #396645 IN THE PITKIN COUNTY CLERK AND
RECORDER'S OFFICE TO THE POINT OF BEGINNING.
PARCEL D:
A PARCEL OF LAND LOCATED IN THE SW 1/4 SW 1/4 OF SECTION 28,TOWNSHIP 10
SOUTH, RANGE 94 WEST, 6TH PRINCIPLE MERIDIAN. PITKIN COUNTY, COLORADO, ALSO
BEING IN THE PARCELS OF LAND DESCRIBED IN RECEPTION NUMBERS 107531 AND 112127
OF THE PTPKIN COUNTY CLERK AND RECORDER'S OFFICE BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST SECTION LINE OF SECTION Z8,ALSO BEING ON THE
(1(1(1 fl'2 Q
Our Order No: Q387486-8
LEGAL DESCRIPTION
WEST LINE OF SAID PARCEL OF LAND DESCRIBED IN RECEPTION #107531 WHENCE THE
SOUTHWEST SECTION CORNER OF SECTION 28 MONUMENTED WITH A 1979 BLM BRASS CAP
BEARS S 00 DEGREES 44'48"W A DISTANCE OF 871.20 FEET; THENCE N 00 DEGREES
44'48' E FOR A DISTANCE OF 320.34 FEET ALONG THE WEST SECTION LINE OF SAID
SECTION 28 ALSO BEING THE WEST LINE OF SAID PARCEL OF LAND DESCRIBED IN
RECEPTION#107531, THIS LINE BEING THE BASIS OF BEARING: THENCE DEPARTING SAID
WEST SECTION LINE S 89 DEGREES 15'12" E A DISTANCE OF 159.82 FEET;THENCE 4.75
FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 75.00
FEET,AN INCLUDED ANGLE OF 03 DEGREES 37'45",AND THE CHORD BEARS S 07 DEGREES
37'12" E A DISTANCE OF 4.75 FEET: THENCE S 00 DEGREES 26'05" E A DISTANCE OF
79.54 FEET;THENCE 37.69 FEET ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT
HAVING A RADIUS OF 150.00 FEET. AN INCLUDED ANGLE OF 14 DEGREES 23'51", AND THE
CHORD BEARS S 02 DEGREES 14'09" E A DISTANCE OF 37.59 FEET;THENCE S 04 DEGREES
57'46"W A DISTANCE OF 95.48 FEET;THENCE 3.97 FEET ALONG THE ARC OF A TANGENT
CURVE TO THE LEFT HAYING A RADIUS OF IW.00 FEET. AN INCLUDED ANGLE OF 02
DEGREES 12'58", AND THE CHORD BEARS S 03 DEGREES 51'18'W A DISTANCE OF 3.97
FEET;THENCE S 89 DEGREES 58'37" E A DISTANCE OF 30.96 FEET TO A POINT ON THE
EAST LINE OF A TRACT OF LAND DESCRIBED IN A DEED AT RECEPTION#107531 IN THE
PITKIN COUNTY CLERK AND RECORDER'S OFFICE;THENCE ALONG SAID EAST LINE OF SAID
TRACT S 00 DEGREES 44'48" W A DISTANCE OF 89.00 FEET TO THE INTERSECTION WITH
THE NORTH LINE OF A PARCEL OF LAND DESCRIBED AT BOOK 377 AT PAGE 161 IN THE
PTTKIN COUNTY CLERK AND RECORDER'S OFFICE;THENCE ALONG SAID NORTH LINE OF SAID
BOOK 377 AT PACE 161 N 90 DEGREES 00'00" E A DISTANCE OF 95.35 FEET;THENCE
ALONG THE EAST LINE OF SAID BOOK 377 AT PAGE 161 S 00 DEGREES 44'48" W A
DISTANCE OF 32.49 FEET;THENCE ALONG THE SOUTH LINE OF SAID BOOK 377 AT PAGE
161 N 90 DEGREES 00'00" W A DISTANCE OF 85.35 FEET TO A POINT ON THE EAST LINE
OF A PARCEL OF LAND DESCRIBED IN BOOK 236 AT PAGE 328 IN THE PITKIN COUNTY
CLERK AND RECORDER'S OFFICE:THENCE N 00 DEGREES 44'48" E A DISTANCE OF 10.64
FEET;THENCE N 89 DEGREES 36'36" W A DISTANCE OF 200.00 FEET TO THE POINT OF
BEGINNING.
000039
PITKIN COUNT,,, COMMUNITY DEVELOPMENT 1 -.?ARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX4 (970) 920-5439
November 14, 2006
Rick Magill
56 Cinnamon Ct.
Aspen, CO 81611
Re: Black Diamond Land Development Activity Envelope
(CASE P246-06; PID 2737-283-00-009)
Dear Mr. Magill:
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 Ezra Louthis,the planner assigned to your case, at 920-5092.
Sincerely,
Bonnie Wacchtler
Administrative Assistant
l�
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: East of Aspen Caucus
Environmental Health & Natural Resources
FROM: Ezra Louthis, Community Development Department
Re: Black Diamond Land Development Activity Envelope
(PID 2737-283-00-009; Case P246-06)
DATE: November 14,2006
Attached for your review and comments are materials for an application submitted by
Black Diamond Land Development Corp. The Pitkin County Community Development
Director will review the application.
Please return your comments to me by Friday, December 8, 2006.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
V
l
f } uuo
CA4 WNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970)920-5526
Pitkin County
Land Use:
172 Board of Adjustment
159 County Land Use Code
174 Flat Fee f T
162 Zoning and Sign
169 Public Notice
160 planning Enforcement 1
175 Hearing officer }
Referral Fees: II
210 Airport i!
LUCOI County Clerk
211 County Engineer
194 Environmental Health
208 Historic
198 Housing I
190 Land Management
209 Redstone HPC
206 Wildlife officer
{
Building Fees:
170 Board of Appeals
105 Building Permit !
120 Electrical Permit {
195 Energy Code Review i
115 Mechanical Permit
150 Plan Check
110 Plumbing Permit
130 Reinspection 9
152 AVFD Fire Marshal
158 BFD Fire Marshal
Other Fees:
155 Use Tax
165 Copy
PZ005 Master Plan Copy !
185 Park Dedication
IS GIS Requirements
161 Housing Impact Fee
B1202 Road Impact Fee
I
B1203 School Impact Fee {
5
TOTAL
i
i
NAME:
ADDRESS/PROJECT:
PHONE:
CHECK#
CASE/PERMIT#:
DATE: INITIAL:
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PID#273728300009
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black Diamond Laud Development Cnrpuratinta LaE DBh3/tiflfintA
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'r: tract of land situated in the Svutitivcsi '�<ui tlte 'ioutitwest '%,of Section 28,"lowttshp
\ lU South, Range 8k West of 6'h Principal Ivleridian, Pitkin Couttt�', Colorado,trtare
1t
j
.......... _.^,,,�. •`* ' � i. � i /F particularly d�criih>tl as follows.
\
> r a
, /, E3ebinnhtfZ at a point whence the saAutllwest Section f.'onncr of Section 28 rrlrnunt€:nti.d
1 tY / • / r 1 x.. t t I a\. 1
., � ,,,,i /�, r with a 197b 131 M F9ra�tn Cap 1x.aret S 4S'4Q 58 t>4 a distance oY`943 48 feat; thelace N
;r a distance of 20.09 feet:thence 7f}.2 s feet atotlb the arc ofa tangent curve
. "f having .adios of 1 SU.OU feet, an included angle"of26°49'S 5" attd fhe chord
j
) 3QI' W
tx:arSV N 07t°41'S7 I a distance a>i'69.{il feet thence. N 2 £�'S4" t"" a distance of 35,1'F
,.*,. `';�'a,<,..... ��w•" /'.,,.. w' '. ✓',;? t• 11 > 0 1� 11
"t ?♦ t .: t ...., ',l ,...,.. ,, r 7 �, 1 ,, ,/' \ A o� 7T li a) �t( e of
, S
.. > 1 � \ •. 1 t � t # '�.. � ' ,i ` `r "' ..__....»......_,/ `� \,, r .'�'� ~; �` Nf l feet;tktence S 8) �.l ..I 1,a dixtancc: of 12. . t 3 fer:t;thence N ( ) 30.sit 1 a dtttanc
? 1 p f t i \ `` •., , ,_ <' ..w ' ! 199,93 feet; thence N 89°58 37' W a distance of 613.14 f€;et to a point on the east line of
,mot* / n !
a tract c fund described in a t)ste€1 at Rc€a tion#107531 in thaw 1 itkin C;oultt "Clerk and
',,.. i i I t t i I ( f �\ y ,'• 1 : \ `...,, w �;„ .... /'' / I' YI
.^...^.M ` r 'w I along
% /� t,; ' { Recorder's{)!lice; thence N 89"58 37 W a distance of 30.961iet; thclu c 3.87 feet a1€ut
wwt ,,, w ,,,. ,., ..,a ,, ! i i t i t a ., '`; ,_✓ `t , �.`, _... �,t ,� \ , t the are of a non tangent curve to the rd�sltt having a radius of I£tU.UU fvct, an included
c 1 "n u 1 ,
f y } angle of 02 12 S1t , and the chord hears N 0.3"51 18' ii a distance ut`3.87 feet; thence N
1.
w, { t '• i,./ '4 .... . .C ; . lsl 'd.l. r G 1 " 3 > 'tAi....,Eft 'nl'V€: (t
.''-- .- -.- -. -1, / a, y 04 57 46 l: a distance of 85,48 teet: thence .-7.69 feet along the are o f a is L�c € t
6.. .a`'r .., ; ,. the left having a radius of 150.00 feet,an included angle of 14 23 51 , altd the chard
.1 ' &'"8. . ./i•u a1 K .1, kS.'`+ - o ,i . ? G u
_. �„ h 1 't •, 1 bars Al U2 I.>(U9 W a distance of 37,59 feet;thence N U9 2605 W a distance €>f79,54
! 'w. ��„ a along tangent> 1<
} t t feet; thence ! 1 ).63 feet aloe the are of�, ta,t rant curve to the right having a radius of
;; •al• 1 ."'" `t f' / /' t ? e's 'r o '1 s
i % '/ \ #. .� ? SAO feet, an included angle of91 23'.36',and the chard bears N 36°l5'44' F a distance
pp
Ac
:.. , ..: w, � try 1 i � � ';: `•, _ It :, `, /-, - �..,, I [ t t, r" �. t`: ^; ': t of 10'7.35 feet: thence 108.94 feet a3olt�*the are of a tangent carve to tits:right having a
t'. ,. `, w'`., 4 '1 i % `' \ ,.... '�I. • F ,t �. gy' I ,w ".,-w, ,'i / ,..,,, I ! > ti 1' i 9 .r awl t " 'e
l r t E t I'{�,(' , �.t,c ,� r / % yp ( radius of 1.50.00 feat, an includccl angle of'4[ .�(,33 , and the eltord liars S 77°14{)9 F.:
CR.\. 'w f .,.r CA ( I 1 1
+ f
t t # `'? a distance of 106.56 feet; thence 1 15,551eet along the arc of tangent curve to the 1011
I 1T1t � � '�..
' V IX1, � 11V, COr' 1 111 rt t i
I 1r \ I I p r'' ; / t g t j having x radio of 350.00 fect,an included angle off8°54'58". and the chord !wars s
a, \ _� V V i 1 F� " r i r' j t 65053'18" Fa distance e of 115.03 feet;thence ` 7S°2()'17" ii a distaru'c of 120.81 feet;
L+ \ i C, j / i s t ?? t 1
\ yryry`1 �y �y g q 1 f thence 32.61 fi>et along the arc of a tangent curve to the: right having a radius of200,00
\, \ i f / t i i \ •`,, Flo Al g'� � a 1 i l Er , ss r
t i J 1 I t t # 1 i",... / / ) \ 't,N " I . / �I $i 'Rf / f 1 i feet, an included angle of U9 2U 31 , and.the chord bears S 7014051 I` a distance of
i I t VI
; % E•' I t t t 32.57 k-et; theme S 661(N)'16" E; a distance of 50.39 feet theme 26.00 feet aloe the are
�' � '1 , 1�
S t it \ 7 f ; , # l� 1 t: 1 i, `s �,.. j I 1 l i J 1 •\ t`. t of a tangent Curve to the left having a radius !).('200.00 1000'1, an Iti€'1Uded ari�lf ti 1''
, t / 1 lw t a 07°26'59", and the c11ctA'd bean S 69°43'45° E a distance of2S.99 tact; tltetlev S 73"'27 lj'�
1 \ I \, t j i j < ( \ F a distance of 65.11 feet; thence 46A0 feet along the arc of a non tangent curve.to the
t
„
;} ; right having a radius of 7t).0{) tcszt, an included ank lr 01`38°w3't} and the chard hears V
} t a. t ` 1 I1 Q 1 41
', '•,w <{ �t t � ? t � / / > `t 'w 1 ! t ''�,. `,,w `'w. ``'ww ',.w � � `t 1 t% � `tz� \+a, 53 4010 1?, a distance of 46.02 feel; thence 1vt 72 S t 4'� F a distance of26.54 feet to the
It - \ t4\\ `t,A intersection with the boundary of the White River National Forest, United States
fw I'i I t ! z -' -• .- ' - ' '+ '\.- 1 1 �`+ t t ! ''t ;i :k w Departnvitt of Agriculture,thence along the boundary of the White Diver National Forest
as shown in Plat Book 437 at Page 420 in the Pitkin County Clerk and Recorder's Office
f .,.^:..,"\.. i l 3 4Y, } .„ , !t , .} `\ .. ;.. .fr r.., ' for the f6ilowing six(6)courses!
3 ,Li
G1n '1. S 07 34 0U E a distance of 0.75 feet;
i
2. t1wice S i l"(W00" f a distance of 1U6.22 feet;
;
?:
j l
✓?t 8i)°UO'UU" E distance ok`24.98 feet:
{{ 4 t , I
., I tt. t y , , t , 's ; ,., ,, �.. `sw ? tiJf rs tl ., a
# 4. thence S 00 35'58 W a distance of 347.47 feet to a 1/1024 corner of said Section
111 S. theme N 89°2()'18" E a dista.rlcu ui'494.35 feet to a C;-S-SW 1r64 curmr ot`saud
Section 28 rnonumented with 1978 BLM Brass Cap;
6. theme S 00132'25" W a distance of40.99 teet;
theme N 89`59'4+" W a distance of`650.99 feet along the north line of`the Wight Tract
described at Reception#396645 in the Pitkin County Clerk and Recorder's Office to the
This Activity Envelope Plan for a Water Diversion Structure is hereby approved this 27th day of February, point of beginning containing 173,SQ7.78 square tbet or 3.983 acres.
2007, subject to the terms and conditions of Administrative Decision No. 012-2007, recorded as Reception
No. 534957.
Gdw c N " %s b. et►bSat�r►4. a
Cindy Houben, Nt`lle'-
Community Development Director
Case No. P246-06 II I I II II I III II II I II III IIIII II II Page:583 11:46
:AWILL PITKIN COUNTY CO R 11.00 n 0.00
Environmental hazards exist that might affect the property, any improvements and occupancy thereof.
The Applicant shall comply with all the provisions of Hearing Officer Determination No. 38-2006, unless This Activity Envelope Plan has been accepted for filing in the office
Prepared by: Magill & Associates,lnc otherwise replac a conditions of this and said approvals.
of the Clerk and Recorder of Pitkin County, Colorado, on this 6 day of1 �►aC��-.
2007, in Plat Book at Page as Reception No. ,T ; "
Plaming and Landscape Architecture Accepted by:
970/920-6966 d=gill@corncast.net
Date: October 20, 2006 wide omDi
""Pitkinant Clerk and Recorder
reside ack Diamond Land Development Corporation
Revisions: