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HomeMy WebLinkAboutpitkin.planning.290919401001 (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 copies (11x17) Parcel ID: 2909- 19 -4 -01 -001 Application Date: 9/12/12 Case No: P090 -12 Description: Crystal LLC Activity Envelope Planner: Suzanne Wolff # Copies: 1 Allocated Hours: 4 Project Address: 9669 CASTLE CREEK RD, ASPEN, CO 81611 % Over Hours: 4.8 Property Owner: CRYSTAL LLC Owner's REP: TOM NEWLAND REP's Email: tomn @sopris.net Address: 315 E HYMAN AVE ASPEN, CO 81611 Address: 417 ORIGINAL RD BASALT. CO 81621 Referrals: PLANNING ENGINEER REFERRAL Other Referrals: Comments Due Date: 10/05/2012 Owner Phone: REP's Phone: (970) 618 -9922 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 #: 078 -2012 #593328 Other Information: VR Approval Date: Plat Recorded Date: 10/25/2012 VR Expires Date: Plat (Bk, PG): B100 P88 #593402 Remarks: no vesting Application Type: Activity Envelope ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE CRYSTAL LLC ACTIVITY ENVELOPE AND MINOR AMENDMENT TO A DEVELOPMENT PERMIT Administrative Decision NOL -2012 RECITALS Crystal LLC ( "Applicant") has applied to the Community Development Director of Pitkin County ( "Director ") to establish an activity envelope around the existing ponds in order to dredge the ponds and improve the dams for the ponds. Sediment has accumulated in the ponds so they no longer support a fish population, and the existing dams are inadequate in height and width and are compromised by willow scrub growth. The improvement work is described in a Pond Restoration Study prepared by Steven M. Lee dated August 13, 2012, and includes: A. Cutting of existing willow bushes along the dams and placing the cut willows 10 -15 feet below the dams of each pond. B. Dredge silted material from the bottom of the ponds using hydraulic dredging equipment. The dredged material will be placed between the existing dams and the stacked willows and incorporated into the existing dams in order to widen and stabilize the dams. C. Native wetland grasses will be planted on the dredged material and dams to revegetate the exposed fill. 2. The parcel contains 21.5 acres and is conforming in size within the AR -10 zone district. 3. The parcel is located at 9669 Castle Creek Road, and is described as Parcel A, WTS Cabin Partners Ltd./McEuen Subdivision Exemption Lot Line Adjustment Plan recorded in Plat Book 40 at Page 8. 4. The Hearing Officer granted 1041 hazard review approval for a building envelope in 1996; the site plan is recorded in Plat Book 40 at Page 7. The Community Development Director then approved a lot line adjustment to convey 5 acres on the east side of Castle Creek Road to merge with a separate parcel; the lot line adjustment plat was recorded in Plat Book 40 at Page 8. The house was originally built in 1997 and then expanded in 2004; a barn and caretaker dwelling unit were also constructed at that time (2004). 5. The Community Development Director approved an activity envelope around the existing residence, caretaker dwelling unit, driveway and other improvements, and established an additional activity envelope to extend a fiber optic line to connect to neighboring parcels and to accommodate revegetation of disturbed areas and future landscaping, pursuant to Administrative Decision No. 17 -2009. The Activity Envelope Plan has not been recorded. 6. The ponds and foot paths around the ponds were legally created, and the ponds are all decreed by the State for piscatorial, wildlife propagation, recreation, creation of wildlife habitat and irrigation uses. 7. The Director finds that the proposed activity envelope is consistent with the applicable requirements of the Code, as follows: A. The ponds are isolated from a perennial or intermittent stream. The ponds are fed by influent ground water flow and pond to pond overflows. B. The ponds are within a delineated riparian area; improvements to the ponds may occur within the riparian area, as long as any adverse impacts are mitigated RECEPTION #: 593328, 10/24/2012 at 09:31:20 AM, 1 OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO Administrative Decision NO o -2012 Page 2 C. The dredging operations will not impact historical flow patterns; will not impede the flow of water through the ponds; and will not introduce contaminants into the ground water. D. The improvements to the ponds will avoid the delineated wetland areas adjacent to the ponds. APPROVED by the Director, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicants shall adhere to all material representations made during the application process. 2. The conditions of Administrative Decision No. 17-2009 shall remain in full force and effect. 3. Prior to submission of an Earthmoving/Clearing/Grubbing Permit application for the pond work, the Applicant shall be required to submit for approval by the County Attorney and Community Development an Activity Envelope Plan 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. The plan shall be revised as follows, prior to submission: A. Include the delineated wetland and riparian areas. B. Include a note on the Activity Envelope Plan explaining the purpose of the Activity Envelope around the ponds. C. Change the title to: Crystal LLC Activity Envelope for Pond Improvements. D. Add a legal description. E. Under the Community Development Director signature block and the Acceptance for Recording, change "Site Plan/Activity Envelope Plan" to "Activity Envelope Plan" 4. The Applicant shall submit an Earthmoving/Clearing/Grubbing Permit application for the pond work. The work shall be substantially consistent with the work described in the Pond Restoration Study prepared by Steven M. Lee dated August 13, 2012. The application shall include the following: A. A site specific drainage and erosion control plan for review and approval by Planning/Zoning. B. A Construction Management Plan C. A landscaping/revegetation plan. D. A tree mitigation plan if any trees larger than 6 inch DBH are to be removed. E. A copy of the State Stormwater Permit, if more than one acre is disturbed by the work. 5. All wetland areas within the activity envelope shall be fenced with construction fencing for the duration of the project. 6. No chemicals shall be used in this process. 7. No development shall occur outside of the approved activity envelope. 8. Prior to commencement of any earthmoving activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until work is completed. 9. All areas disturbed by construction shall be re- vegetated with native grasses and wetland /riparian species within one growing season of the project's completion. Administrative Decision No. :�M- 2012 Page 3 10. 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 the Director, this 17 hday of 2012. Cindy Houben, Community Development Director PID #290919401001 Case #P090 -12 PO. Box 4815 417 Original Road, Una B Basalt,CA 81621 Phone (970) 927 4645 Fax (970) 927 01% tomn@sopnsnet September 12, 2012 Suzanne Wolff Pitkin County Community Development Department 130 South Galena Street Aspen, CO 81611 RE: REQUEST FOR AN ACTIVITY ENVELOPE WITHOUT A VESTED RIGHT PARCEL ID #290919401001 Dear Suzanne: Please accept this letter as my clients' request to obtain an Activity Envelope without a vested right for their property at 9669 Castle Creek Road. According to the Land Use Code ( "Code ") we must provide a summary letter explaining the request, background information on prior approvals and permits, and must address compliance with the Code Sections listed within the Pre - application Conference Summary. BACKGROUND INFORMATION The subject property for this request for land use approval is a 21.5 -acre parcel of land located approximately 9.7 miles from Aspen on Castle Creek Road. Crystal, LLC (hereinafter the "applicant ") seeks approval of an Activity Envelope for dredging existing ponds on the property. There are six small recreational ponds located on the property. A network of foot paths connect the ponds. The ponds and trails were created by a previous property owner and were in existence when the property was purchased by Crystal, LLC in 2007. Attached is a copy of a letter from Patrick, Miller and Kropf regarding the water rights for the ponds (Exhibit 7). The dredging will be done using the low- impact methods described within the attached Pond Restoration Study (Exhibit 8) and can be summarized as follows: • Existing willow bushes along the dams will be cut and placed about 10 -15 -feet below the dams of each pond. • Silted material from the bottom of the ponds will be dredged using hydraulic dredging equipment and placed between the dams and the stacked willows. Land Use Planning -Permit Expedition • Project Management • Owner's Representative • Information Management 00 0001 (5,� us The dredged material will be incorporated into the existing dams, widening and stabilizing the dams. Native wetland grasses will be planted on the dredged materials and dams to revegetate the exposed fill. LAND USE CODE SECTIONS TO BE ADDRESSED Attached to this letter as required by the Pre - application Conference Summary (EXHIBIT z) please find the following materials, documents and information: Sec. z- 3o- 2o(g): Activity Envelope Criteria forApproval The requested action by the County is to consider and approve an Activity Envelope without vested rights specific to the dredging operation at the ponds. As evidenced by the contents of this letter and exhibits, we feel that this application complies with the Activity Envelope Criteria as set forth in Section 2- 30- 20(g): EXHIBIT is Pre- Application Conference Summary Sheet. EXHIBIT z: Consent from the owners of the properties for Newland Project Resources, Inc. (NPRI) to represent them and to process the land use application. EXHIBIT 3: Disclosure and proof of ownership of the property complying with Subsection 5- 70- 02o(D) of the Land Use Code and List of Adjacent Property and Mineral Rights Owners. EXHIBIT 4: Street address and parcel description, including legal description, and an 8 -1 /2"x ii" vicinity map locating the subject property within Pitkin County. EXHIBIT 5: Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form. EXHIBIT 6: Letterfrom water attorney regarding water rights forthe ponds. EXHIBIT 7: Pond restoration study describing the dredging and filling methods to be used. EXHIBIT & Wetland and Riparian Delineation Map EXHIBIT g: Draft Activity Envelope, Site Plan, and Lot Line Adjustment Plat CRYSTAL, LLC, ACTIVITY ENVELOPE FOR DREDGING PONDS 2 000002 prepared in accordance with the requirements of Subsections 7-10 - So of the Pitkin County Land Use Code and Section 2.2.1 of the Pitkin County Land Use Application Manual. Section 7- io -5o: Activity Envelope We feel that the Activity Envelope as proposed will allow the activities and development to comply with provisions of the Land Use Code and Comprehensive Plan. The Activity Envelope avoids the "constrained areas" located on the property and is of adequate size to contain all the proposed uses, which is the dredging of the ponds. The Maroon /Castle Creek Master Plan, adopted in 1993, states the following objective regarding Water Quality and Quantity: Objecdw 1 i O 1' • I Id } M i .III 1 Y YI ,q 1 1 „4 wl '1 .IIl� .ild 11 ,II .I V 11 \ 1 •_1111. I 1 n } LLIL.n \II 1 .0 1 1 ,I Id 1.411 IIY ru 1:1 L1. I 1 11.2 ^` ' 4I 1 UI 1 .114 1' .1111 1 In1 • .U6 Q, I 1 41 111111 III 4 hill I ElitAfri I .111 I� 1' - 1 \rl \ 1 li •_ 1 1. 1 I w a ire , 1, 11' I \ IL4 _I 1 1 I M,1 IE Isi 7 - ill.- 1, W 11U Y 1 I 1 The proposed activity envelope is compatible with this objective as it will dredge the ponds using low- impact methods and minimally changing the existing conditions at the property. In their current state, the ponds are stagnate and hard to access. Afterthe dredging operations, the ponds will be returned to their original water depths and will be able to maintain a fiksh population. The dams for the ponds will also be improved, providing adequate widths as required by state standards, and increasing their structural integrity by the removal of existing willows on the dams. Section 7- 20 -10: Site Preparation and Grading (a) Grading and Fill Placement Grading and fill placement is anticipated on the site. The amount of excavation and fill is unknown at this time and is dependent on the amount of dredging needed to bring the water depths in the ponds back to their original state. Dredged materials will be placed just below the existing pond dams and will be incorporated into the dam structure. CRYSTAL, LLC, ACTIVITY ENVELOPE FOR DREDGING PONDS ID #agog -32ao 30 000003 (b) Clearing, Grubbing, and Vegetation Removal All clearing,'grubbing and vegetation removal will occur within the approved Activity Envelope, and will consist of uprooting existing willow bushes on the dams. The removed willows will remain on the site and used to support the #ill of dredged materials against the existing dams. (c) Tree Removal and Mitigation There are no trees on the property that are six (6) inches or larger diameter at breast height (D.B.H.). that will be removed. Revegetation of the site will be accomplished by placing riparian /wetland seed mix on the dams after placement of the dredged material. (d) Protection of Natural Terrain The applicant agrees to implement appropriate design and construction techniques to lessen and mitigate the physical and visual damage to the site as follows: (i) REVEGETATION Revegetation efforts will utilize native or similar horticultural material, and will be completed during the first planting season after construction; where vegetation is removed, it will be replaced with vegetation that will reach similar density and height to that removed within two (z) years following conclusion of construction. (z) TOPSOIL No topsoil will be removed. (3) WEED PREVENTION The existing site is relatively weed -free. To prevent possible weed infestation, seed mix used in revegetation efforts will be certified as weed -free and revegetation efforts will be put in place as soon as possible after disturbance. (y) UTILITY INSTALLATION No utility installation will take place. CRYSTAL, LLC, ACTIVITY ENVELOPE FOR DREDGING PONDS ID 02909 -322 0-030 f f' t O Uni (5) EROSION, SEDIMENTATION, AND STORMWATER MANAGEMENT Disturbance of ground vegetation shall be limited to the area immediately below the dams. Stormwater management practices will be utilized placing the dredged material. With respect to grading, the work will conform to the following standards: The original, natural grade within the Activity Envelope shall not be raised or lowered more than four feet; Where grading, excavation or filling is required, slopes of 25% (4:!L) will be placed where practicable and these slopes will not exceed 50% (z:i). Slopes between 25% and 50% will conform to the requirements of Section 7-20 - 2o(e)(4)(c) Section 7-20-20: Steep and Potentially Unstable Slopes The Proposed Activity Envelope does not contain areas where side slopes exceed 30 %. Section 7- 20 -30: Water Courses and Drainage No creeks or other streams flow into the ponds. Groundwater from seeps immediately above the ponds apparently feed water into the ponds. The proposed method to dredge the ponds complies with the following: • No encroachment or channeling of a creek or associated wetland will occur as a result of the dredging operations. • The dredging operations will not impact historical flow patterns; will not impede the flow of water through the ponds, and shall provide adequate drainage for all low points. The dredging operations will not to introduce contamination into the ground water. • Irrigated areas will not adversely affect the adequacy of water supply or the exercise of existing and decreed irrigation water to irrigated fields. • Irrigation ditches are not located adjacent to the Activity Envelope. • Provisions of this section regarding sedimentation shall be followed (sediment control during construction, sedimentation and revegetation). This shall be addressed to the County's satisfaction during earthmoving permit review. • No potential impact to water quality is anticipated. • The dredging operations proposed will not increase the demand or requirements for water at a residence. CRYSTAL, LLC, ACTIVITYENVELOPE FOR DREDGING PONDS ID •2909 -3 -oo-o30 ouiiou5 70- 20 -80: River and Stream Corridors and Wetlands (2) Bank stabilization and npanan restoration work may also be permitted in riparian and wetland buffer areas upon a finding that any adverse itacts well be adequately mitigated, as required by subsection (d) below. The Proposed Activity Envelope around the ponds (see Exhibit 8) does not contain a "Protected Feature" as defined within Section 7- 2o- 8o(a)(i) of the Land Use Code, with the exception of the small streams connecting the ponds. We feel that the work can be classified as an exception under this section of the Code as it consists of bank stabilization work that adequately mitigates any potential adverse impacts to the area. This mitigation is accomplished by using hydrologic dredging and fill placement methods described in Exhibit 7. SUMMARY Based on the information submitted in this letter, we believe that the proposed Activity Envelope is in compliance with all applicable standards of the Land Use Code. Thank you for considering this request. If you have any questions or requests for additional information, please contact me at 927 -4645 or tomn(a)sopris.net. Sincerely, Tom Newland, Newland Project Resources, Inc. CRYSTAL, LLC, ACTIVITY ENVELOPE FOR DREDGING PONDS fD #2- "9- 3u-oo-o30 EXHIBIT i Pre - Application Conference Summary Sheet PITKIN COUNTY PRE - APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wolff DATE: 8/30/12 PHONE: (970) 920 -5093 E -MAIL: suzanne.wolffna.co.pitkin.co us LOCATION: 9669 Castle Creek Road PID# 290919401001 APPLICANT: Crystal LLC REPRESENTATIVE: Tom Newland ZONE DISTRICT: AR -10 EMAIL: tomn(a)sopris.net PHONE: 618 -9922 Type of Application: Activity Envelope without a Vested Right Description of Project/Development: The Applicant proposed to establish an Activity Envelope in order to dredge and restore the existing ponds. 2- 30- 20(g)(3): Activity Envelope Criteria for Approval 7 -10 -50 & 60: Activity Envelope 7- 20 -10: Site Preparation and Grading 7- 20 -20: Steep and Potentially Unstable Slopes 7- 20 -30:. Water Courses and Drainage 7- 20 -80: River and Stream Corridors and Wetlands Review By: Community Development Director Public Hearing? No. Staff will refer the application to the following agencies: Zoning /Susan Pearson FEES: $1,897 (make check payable to "Pitkin County Treasurer ") $1,248 Planning Office flat fee (non - refundable; based on 4 hours of staff time. If staff review time exceeds 4.8 hours, the Applicant will be charged for additional time above 4 hours at a rate of $312 /hour) $624 Zoning $25 Clerk Technology Fee To apply, submit 1 copy (unbound) of the following information, unless noted otherwise: CRYSTAL, LLC, ACTIVITYENVELOPE FOR DREDGING PONDS ID #2909.322 0 30 UJuU07 I . Summary letter explaining the request, providing background on prior approvals and permits for the property in general and the ponds and trails specifically, and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" x 17" Activity Envelope Plan as designated in Section 2.1.1 of the Pitkin County Land Use Application Manual; 3. Wetland and riparian delineation 4. Restoration plan 5. DisclosuFe and proof of ownership of the property, consisting of a current certificate from a title insurance company or attorney licensed to practice law in the State of Colorado, listing the names of all owners of the property and all mortgagees, judgments, liens, easements, contracts and agreements affecting use and development of the parcel and proof of the owner's right to use the land for the purposes identified in the development application. 6. Street address (if any) and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 7. Consent from the owner of the property for the representative to process the application and represent the owner; 8. Total fee for review of the application; 9. Signed fee agreement (form attached); 10. Copy of this Preapplication Conference Summary form NOTES: Y This Pre- Application Conference Summary Sheet is advisory in nature and not binding on the County. The information provided in this Summary Sheet is based on current zoning standards and the staffs interpretations based upon representations of the applicants. Additional information may be required upon a complete review of the application. r Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section 2- 20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must be received from Applicant prior to approval. The Land Use Code is available on -line at County Code Y The Land Use Application manual is available on -line at CRYSTAL, LLC, ACTIVITYENVELOPE FOR DREDGING PONDS ID *29"-322o 30 BUUUa8 8 EXHIBIT 2 Consent from the owner of the property for the representative named above to process the application and represent the owner ELK MOUNTAIN LODGE LLC 1601 FORUM PLACE, SUITE P -2 WEST PALM BEACH, FL 33401 December 5, 2007 To Whom It May Concern; This letter confirms that Tom Newland of Basalt, Colorado, is authorized to represent Elk Mountain Lodge LLC in all building and planning applications regarding Elk Mountain Lodge, located in Sections 19, 20, 29 and 30, Township 1 I South, Range 84 West, 6' P.M. , Pitkin County, Colorado, The State Parcel Identification Number for the Elk Mountain Lodge is 2909 - 292 -00 -006. Sincerely, William 1. Koch, Manager STATE OF FLORIDA ) ) ss. COUNTY OF PALM BEACH ) This foregoing letter was acknowledged before me this � day of 2007 by William I. Koch, Manager of Elk Mountain Lodge LLC, a Colorado limited liability company. Witness my band and official seal. My Commission expires: Z o r i,J A-L,,J- W. Notary Public t'oElain ersorrtoamt e ' ""` u enurncro.ua CRYSTAL, LLC, ACTIVITY ENVELOPE FOR DREDGING PONDS ID #29" -322 o 30 0"JU039 EXHIBITS Disclosure and Proof of Ownership of the Property Complying with Subsec. S- 70- 02o(D) CRYSTAL, LLC, ACTIVITY ENVELOPE FOR DREDGING PONDS W 02909-322-M"30 UJUU10 10 rn I� l DjUil1 IIIIIIIIIIIIIIIIIIIIiVIII IIIIIIIIIIIIIIIII II IIII 05/24/2007 09:399 JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 1100.00 WARRANTY DEED THIS DEED is dated the 24" day of May 2007, and is made between Pond Property, Ltd., a Texas limited partnership duly organized and existing under and by virtue of the laws of the State of Texas (the "Grantor ") and Crystal, LLC, a Colorado limited liability company, whose legal address is to the attention of: Karen Rowe at Centurion Residence Services, 16o1 Forum Place, Suite 307, West Palm Beach, Florida 33401, (the "Grantee "). WITNESS, that the Grantor, for and in consideration of the sum of Ten and oo /loo U.S. Dollars ($1o.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's successors and assigns forever, all the real property, together with any improvements thereon, located in Pitkin County, Colorado, described as follows: Parcel A: WTS CABIN PARTNERS LTD. / MCEUEN SUBDIVISION EXEMPTION LOT LINE ADJUSTMENT PLAT, according to the Plat thereof recorded August 22, 1996 in Plat Book 40 at Page 8 as Reception No. 396284. also known by street address as: 9669 Castle Creek Road; and, by assessor's schedule or parcel number: 290919401001. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's successors and assigns forever. The Grantor, for itself and its successors and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's successors and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above conveyed; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid; and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except: Right of way for ditches or canals constructed by the authority of the United States as reserved in United States Patent recorded March 31, 1927 in Book 55 at Page 583; Easements, rights of way and all matters 0s disclosed on 1041 Hazard Review Plat of subject property recorded August 22, 1996 inlPlat Book 4o at Page 7 as Reception Retum to: PATRICK MCALLISTER KAUFMAN PETERSON & DISHLER 315 E. HYMAN ASPEN, CO 81611 m m N N m y W K Z 0 J NW N° 00r h Ma tom �IIIIVIIIIIIIII VIIIIIIII VIII VIII IIIIIIII IIIIIII 05g/24/2007 8 0 9:39% JANICE K VOS CAUDILL PITKIN COUNTY CO R 16.00 D 1100.00 WARRANTY DEED Pond Property, Ltd. to Crystal, Lake, LLc No. 396283; Easements, rights of way and all matters as disclosed on Plat of subject property recorded August 22, 1996 in Plat Book 40 at Page 8; Terms, conditions, provisions and obligations as set forth in Allocation Agreement recorded November 16, 2000 as Reception No. 448953; Terms, conditions, provisions and obligations as set forth in Occupancy Deed Restriction recorded July 31, 2002 as Reception No. 470421. And the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the successors and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof. IN WrMESS WHEREOF, the Grantor has caused its company name to be hereunto subscribed by the individual so authorized by the Statement of Authority of even date herewith, on the date set forth above. ATTEST: Pond Property, Ltd. a Texas Limited partnership By Pond Property Trust A By: C,4,1 Charles M. Solomon, Trustee Pond Property, Ltd. a Texas limited partnership By Pond Property Trust B By: ��—- Charles M. Solomon, Trustee State of Texas ) ) ss. County of Dallas ) The foregoing Warranty Deed was duly executed and acknowledged before me this 2.,- day of May 2007, by Charles M. Solomon as the Trustee of Pond Property Trust A, in its capacity as a General Partner of the Grantor, Pond Property, Ltd., a Texas Limited partnership. o.'Jul ai2 Witness my hand and officl l al. My commission expires: 'T /a� 7 erc\ KAREN R HALL !tf'� �. —py PUBLIC �r *} NO r state of Texas Page 2 of 3 NZZZ; E; `Comm Exp. 07 -06 -2007 WARRANTY DEED Pond Property, Ltd. to Crystal, Lake, LLC State of Texas )SS. IgIIIII VIII IIIIII I�I�I IIIIIIIIIII IIIIII IIIIIII�IIII IIII 5382 02 09:391 00 1241 County of Dallas R 16.00 D 1100.00 The foregoing Warranty Deed was duly executed and acknowledged before me this a a' day of May 2007, by Charles M. Solomon as the Trustee of Pond Property Trust B, in its capacity as a General Partner of the Grantor, Pond Property, Ltd., a Texas Limited partnership. Witness my hand and official seal. My commission expires: 7 /D/�,2Odf �k' gLk� Nota Public .�' °.�q: KAREN R HALL ! \n� NOTARY PUBLIC .4t�� V, Slate of Texas \°P Comm Exp 07 -06 -2007 0 ,213 Page 3 of 3 I I V I 538223 IIIIIIIIIIIIIIIIIIIIIIIIIII VIIIIIiIII IIIIIIIIIIIIIIII /39 /24 //2 00 0 0 9 :40F 0 n:J l %uji14 BARGAIN AND SALE DEED AND ASSIGNMENT THIS BARGAIN AND SALE DEED AND ASSIGNMENT made this 7' day of May, 2007, between Pond Property, Ltd., a Texas Limited Partnership ( "Grantor "), whose legal address is P.O. Box 1590, Dallas, TX 75221, and Crystal, LLC, a Colorado Limited Liability Company ( "Grantee "), whose legal address is c/o Kaufman, Peterson & Dishler, P.C., 315 E. Hyman Avenue, Suite 305, Aspen, Colorado, 81611. WITNESSETH: That the Grantor, for and in consideration of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, conveyed and assigned unto Grantee, and by these presents does grant, bargain, sell, convey, and assign and confirm, unto the Grantee, its successors and assigns forever, all the real and personal property, together with improvements, if any, situate, lying and being in the County of Pitkin, State of Colorado, described as follows: Any and all water and water rights, structures and structure rights, wells and well rights and well permits, and all other water resources benefiting, used in conjunction with or otherwise appertaining to the property described on Exhibit "A" attached hereto and incorporated herein by this reference, including, but not by way of limitation, the following described water rights and water resources: • PPLTD Pond No. 1 decreed for 0.9 acre feet for piscatorial, wildlife propagation, recreation, creation of wetland habitat and irrigation use in Case No. 95CW331, Water Division 5, with an adjudication date of March 6, 1997 and an appropriation date of December 31, 1981; • PPLTD Pond No. 2 decreed for 0.28 acre feet for piscatorial, wildlife propagation, recreation, creation of wetland habitat and irrigation use in Case No. 95CW331, Water Division 5, with an adjudication date of March 6, 1997 and an appropriation date of December 31, 1981; • PPLTD Pond No. 3 decreed for 0.70 acre feet for piscatorial, wildlife propagation, recreation, creation of wetland habitat and irrigation use in Case No. 95CW331, Water Division 5, with an adjudication date of March 6, 1997 and an appropriation date of December 31, 1981; • PPLTD Pond No. 4 decreed for 0.09 acre feet for piscatorial, wildlife propagation, recreation, creation of wetland habitat and irrigation use in Case No. 95CW331, Water Division 5, with an adjudication date of March 6, 1997 and an appropriation date of December 31, 1981; • PPLTD Pond No. 5 decreed for 0.89 acre feel, absolute, and 0.05 acre feet, conditional, for piscatorial, wildlife propagation, recreation, creation of wetland habitat and irrigation use in Case No. 95CW331, Water Division 5, with an adjudication date �f March 6, 1997 and an appropriation date of December 31, 1981; Return to: PATRICK MCALLISTER KAUFMAN PETERSON & DISHLER 315 E. HYMAN ASPEN, CO 81611 IIIIII VIII IIII I IIII III I I III IIIIII I VIII I III Page: /24 / 003 09:401 JANICE K VOS CAUDILL PITKIN COUNTY CO R 21.00 D 0.00 • PPLTD Pond No. 6 decreed for 0.53 acre feet, absolute, and 0.03 acre feet, conditional, for piscatorial, wildlife propagation, recreation, creation of wetland habitat and irrigation use in Case No. 95CW331, Water Division 5, with an adjudication date of March 6, 1997 and an appropriation date of December 31, 1981; • An undivided 83% interest (2.067 acre -feet) in and to 2.5 acre feet of water historically consumptively used by virtue of the historic irrigation by the Highland- Baviarian & Co.'s 1.0 cfs of the 6.25 cfs decreed to the Devaney Creek Ditch in Civil Action No. 5884, Garfield County District Court on November 5, 1971, with an appropriation date of July 1, 1953, of which 0.326 acre feet was decreed as excess consumptive use in Case No. 95CW330 and used in the plan for augmentation decreed in Case No. 98CW290; • An undivided 83% interest in and to the benefits, burdens and entitlements of that certain Covenant to Cease Irrigation dated June 21, 1996, recorded at Reception No. 394864, Pitkin County Records; • An undivided 96% interest in and to the plan for augmentation decreed in Case No. 95CW330. • State Engineer's Office Well Permit No. 113902 -A; • A proportionate interest in the benefits, burdens and entitlements of that certain Allocation Agreement dated November 13, 2000, by and between SCM Cabin Partners, Ltd., Pond Property Ltd. and WTS Cabin Partners, Ltd. recorded at Reception No. 448953, Pitkin County Records. TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above described property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this Bargain and Sale Deed and Assignment on the date set forth above. POND PROPERTY, LTD. A Texas limited partnership By: 61'1_� 7C_ Pond Property Trust A and Pond Property Trust B, General Partners; Charles M. Solomon, Trustee OULIU15 IIIIIIII�I�II�III��IIIIIIIIIII�III�III��I��IIIIIIII�III 5ge: 3 of ea:,eF STATE OF ) R 22.00 o 0.00 ss. COUNTYOF N(AflLtb ) The foregoing instrument was acknowledged before me this day of May, 2007, by Charles M. Solomon, Trustee of Pond Property Trust A and Pond Property Trust B, General Partner of Pond Property Ltd.. WITNESS my hand and official seal. My commission expires: 011al 007 .�°' KAREN R NOTARY State of Comm. Exp. 0:7-06-2(0])0 Ujuiji6 ., �, I IIIIII VIII IIIIII VIII VIII VIII IIIIII III VIII IIII IIII Page: 05124/2907 0009:400 KIN COUNTY CO R 00 D 0 EXHIBIT A LEGAL DESCRIPTION OF POND PROPERTY, LTD. PROPERTY ALSO IDENTIFIED AS 9669 CASTLE CREEK ROAD A ri K.CX'i Or L-ND 5ITVA7CT7 PI nn"- r'A-NP I I tC>fTH, pkl - C Pro WEST OF TNG 4TH rm. CUNT VGYCb)/ MF -tl-Y rAXT Or HOML7TGAD ENTRY V-M-vL't C H, G ?-P CIS, '--A1D r/JCLCL fST- 1olZC. rVLLY t7E7GKl�t.p Ari rDt_LC*y. rJf.C31 Nh111 -Gr !S CL2NEf� 1-Y.l t ar 7n�D q4, A HT61vE CAICNE. t'dJND W PLKC, TWr— ICE. H94•31'2b'W 192R.CV r•C AL.OW- Ll"r- 4 -5 OF 7A10 H.LS. 115 TO CORNMM I^M -S; A Ml->ND 7CO 09 FT. ALC t- C LINE 5-Ca GF tx JO HC.9. '15 TO TFE W cYT rr-L&t M. O.W. cr TNt C, �-rt r_ cr -FttC ccxAq T'`i ROnD, THC1 -JCL FLOW =- 10 wmiu m%_4 1C.O. W. 'S 97' M'CO• F- 512Ci3 FT:,. Tl-F-1-CE 151.lb1 FT. AL0Wl n CLfcY= 70 THI: Rz44r t4^v lN, A r,-zn t}S OP bnm.'60 Fr. C-n+E C•HC=D'Cr WHKH t7r.A C , 5 -O" y4' E I+Se.TO m), TT- IEIJGL" 7 2b i'9'O7" E 153-4.00 FT., - 7GiEW2 'YTa;'1 FL AL-0tr. A CLYRYE -D 114E R16H7 HAVit -Cy /.')Cl.DSU�i Cr 1006. '�-O r r CTHE Cl•101C V Or WHICIi OClJCIP 7 aT' 37' C M" THCh10E. 7 OC'-H W �42:GO,Y"T 'Mr -l-C I-52k06 FT. ALC))- r A VL TO THE MW.1 -T v4A4 -ql-X' J' MkptLYi Or 0? M ['THE CJ'� Or WMKH rt Fc^'L'S 7 F4' 89'CO' W 1'9'5194 FT.), - n4mNC.l= LEl.Y11 -r- '}11D R.0.W., 7 Ct•ls'col w 367.64- rT TD T++C roIw or. cow^Jw-rK 21.594 102. ✓ uuuui-7 EXHIBIT y Street address and parcel description, including legal description, and 8 -1 /2"x is" vicinity map locating the subject property within Pitkin County ADDRESS 9669 Castle Creek Road, Aspen, Co &61i LEGAL DESCRIPTION See Exhibit 3, CRYSTAL, LLC, ACTIVITYENVELOPE FOR DREDGING PONDS ID •2909 3-- 30 UUUU18 11 - VICINITY MAP - CRYSTAL, LLC, ACTIVITY ENVELOPE FOR DREDGING PONDS ID #z909-322-0 -030 12 UUU019 EXHIBIT 5 Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees form PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN 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. 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 S 1,344.00 which is based on 6 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 CRYSTAL, LLC, ACTIVITY ENVELOPE FOR DREDGING PONDS 10 #29W322-00-030 APPLICANT Signature Tom Newland March 31, 2008 Representing Crystal, LLC 13 U�Uueu EXHIBIT 6 Letter from Water Attorney Regarding Water Rights for the Ponds CRYSTAL, LLC, ACTIVITY ENVELOPE FOR DREDGING PONDS ID #2909-322�"30 UUUU21 14 ■ Paul L Noto' PATRICK I MILLER I KROPF Attorneys at Law wwwwaterlawcom shareholder September 11, 2012 noto@waterlaw corn reph to aspen office Mr. Thomas Newland Newland Project Resources, Inc. 'lacnxd in CV P.O. Box 4815 Basalt, CO 81621 Main Off ice: 730 E. Durant Avenue Suite 200 Aspen, CO 81611 T. 970.920.1028 E. 970.925.6847 Denver Office 999 18th Street 30th Floor Denver, CO 80202 T 303.893.9700 E 303.893.7900 Phoenx office: 2415 E. Camelback Suite 700 Phoenix, AZ 85016 T 480.921.4044 F. 480.921.8688 'fulsa Office: 7633 E. 63rd Place Suite 300 -18 Tulsa, OK 74133 T 918.459.4634 P. 970.925.6847 Ouuu22 RE: Water rights for ponds at Crustal, LLC property (our file #822D) Dear Tom: I am writing to describe the water rights for the ponds located on the property owned by Crystal, LLC and located at 9669 Castle Creek Road. There are six (6) existing ponds on the property, all of which have decreed water rights from Case No. 95CW331, Water Division 5, attached. The PPLTD Pond No. I has a decreed volume of 0.9 acre feet, absolute. The PPLTD Pond No. 2 has a decreed volume of 0.28 acre feet, absolute. The PPLTD Pond No. 3 has a decreed volume of 0.7 acre feet, absolute, and 0.02 acre feet, conditional. The PPLTD Pond No. 4 has a decreed volume of 0.09 acre feet, absolute. The PPLTD Pond No. 5 has a decreed volume of 0.89 acre feet, absolute, and 0.05 acre feet, conditional. The PPLTD Pond No. 6 has a decreed volume of 0.53 acre feet, absolute, and 0.03 acre feet, conditional. All of the ponds are decreed for piscatorial, wildlife propagation, recreation, creational of wetland habitat, and irrigation uses. The PPLTD Pond Nos. 2, 3, 5 and 6 are augmented under the plan for augmentation decreed in Case No. 95CW330, Water Division 5, attached. Under this plan, pond evaporation is replaced with dry -up credit from the senior Devaney Creek Ditch water right. hope this information is helpful. Please contact me with any questions. Very truly yours, PATRICK, MILLER & KROPF, P.C. A Professional Corporation By. Paul L. Noto notoiL77,7Paterlaw cont cc: Richard Burnham a professional corporation DISTRICT COURT, WATER DIVISION 1,40. 5, COLORADO Case No. 95CW330 RULING OF RE-FETEf3 CONCERNING TI113 APPLICATION FOR WATI'M RIGII'I;S OP: III FFp D I)';l '!II WTS CA131h1 PARTNERS, l:fl.)., a "1'cxas Limited Puitnership, ill 1'i0611 Couuly The above- enlilled Application was Bled on December 29, 1995 and was referred to the undersigned as Water Rcferce for Walcr Division No. 5, Stale of Colorado, by (lie Willer Judge of said Court, in accoldcmce with Article W or'fldc 37, Colorado Rcviscd Statutes 1973, known as the Walcr Right Determination and AdmiuisLrnlion Act of 1969. And the undersigned ltcicrcc'haviug made such iuvcsligatious as are necessary Lo determine whether or 1101 Ibe stalcmenls in the Application are lruc and having become more fully advised with respect to the subject matter of [lie Application does hereby make the following cleterminalion and ,Ruling as [lie Referee in this maUcr, to )wit ]'Ile statements in the Application are Lrue. 2. Name, address and telephone number of applicauL• WfS Cabin Partners, Ltd. Patrick CK: Slowdl, P.C. 205 S. Mill SUCCI, Suile 300 Aspen, CO 81611 (970) 920 -1028 3. ldame of structures to be augmcntcd: A. PPLTD POndN(m. 2,3,5 and 6. 13. SCNI fond 1Jo. 1. 4. Descriplion of walcr rights to be used lui augmentation: 0.06 cfs of the Devaney Cmcl, I)itch (Former Water District No. 38) Priority No. 758, originally decreed for 6.25 cfs in Civil Action No. 58311, Gar icicl Couuly District Court, on November 5, 1971, with all appropriation dale c,I )uly I, 1953. uuuu23 Case No. 95CW330 5. SlalcmcuL of flan for AugmenlaLion pursuant to C.R.S. 37- 92- 103(9), 302(1), and 305(8): Applicaiil has agreed to file this application to benefit fund Property Ltd., owner of au approximate 24 acre tract of laod in Scclion 19, Township 1 I South, Range 84 of the 6th P.M. (ill Pitl(iu County) upon which two pouds were naturally existing and created by beaver activi(y. An additional four poncls were constructed ill the 1960's, with several of [lie later ponds being cularged in (lie 1970's. Applicant is dcSilOLIS of improving the four marinade ponds as wetland habi(at and for piscatorial and wildlife propagation purposes. No enlargement of the surface acreage will be made to Utc n0lurally- existing pouds. The only consumptive rise to be made from the pouds will be pond evaporation and the irrigation of 0.55 acres of vcgelativc barrier on the pulperly owned by Polld Properly Ltd. and [tie properly owned by the Applicant. Additionally, the cvaporalive loss from the SCM Pond on an adjoining parcel will, by agreement, be coverc(1 herein. The wafer right clescribcd ill paragraph 4, above, has just been placed under coulracl by Applicant from Ifighland- Bavarian Limited I'm Inership, a neighboring property owner upstream of the Applicant. The subject righl has historically been lined far the irrigation of not less than 3.78 acres yielding not less (110114.54 afcu of which Applicant is rioter coulracl to purchase 2.5 acre Feet of water Historically consuniplivcly used. A map depicting file area for (fry -up to yield the aforementioned 2.5 nFou is attached to (he application filed herein as Exhibit. "A "; this-area will be field monuniented to the satislhclion of the Division Engineer. The delivery clemand for the irrigation of 0.55 acres of drip irrigation for Lbe vegelalive barrier proposed. by [lie Applicant is 0 81 acrd fooUanuually. The consumptive use associated with such irrigation is 0.77 afcu (IA afcu /ac). Pond evaporation was computed ill accordance with NOAA Technical Report N WS 33 and (tie Blaney- Criddle method of clelermining- irrigation water lequireulculs (SCS `loch. IWerise No, 21). Accordingly, the replaceoicnl requirement. for l is rights were mignicnlcd llmin arc detailed below: CONSLIAIIP'I IVG i _JS l;TA111,L' Month �II Pond Gya 1. I lrri . C.U. 6 Available C.U. Surplus or <llc[ c1P January (1 0 0 0.00 Febioary 0 0 0 0 T4nrc11 0 0 0 0 April 0 0.150 U (0.15) Allay 0.2d 0.100 0 (0.34) `2. MU24 Case No. 95CW330 June 0.34 0. 146 (1.775 0.289 .Illy 0.23 0.200 0.975 0.545 August 0.16 0.177 0.60 0.263 Scplcurbcr 0.18 (1.108 0.15 (0.138) October 0.12 0.023 0 (0.143) November 0 0 0 0 December 0 0 0 0 Totals 1.27 0..768 2.5 0.326 Note: Includes the Iran oracle PI) LTD Pond Nos. 2, 3, 5 and 6 only and Ore SCM Pond No. 6. Statements of Opposition were timely filed by the City of Ashen, and the Board of County Commissioners of Piticin County. Pursuant to an agreement reached between Applicant and Objectors, Applicant aglecs that any decree obtained by tire Applicant shall be administered as junior to any and all currently decreed minimum sircamflow decrees held by the Colorado Water Conservation Board, including, but not limited to, the decree in Case W2947 for 12,00 cfs with an appropriation date of January 14, 1976. The parties acknowledge that Aspen intends to install, at no cost to Applicant, stream tnrcasuring lull moni(oriug crluipmcnt til its Midland Plume on Castle Creck. Such measuring and monilori ilk) 'equipment is expected to enable continuous real - lime measurement of shcamflows in Castle Crack. Applicant agrees that this information may be submitted to (lie Division Lnginccr to assist him in fulfilling his statutory duties so that the water rights decreed in this case do not injure senior water rights. Copies of the accountings provided to the Division lingincer will also be provided to the City of Aspen upon Aspen's rcqucsl. Applicanl will cense diversions under its decreed water rights unless the depletions lheecfrom are fully augnrcnled at the lima deplelion occurs. Notliing contained liercin shall prevent the Division Lnginccr .from administering or curtailing Applicant's water rights as be decals appropr iota if a valid call is placed by a senior water right lull diver(s al or below (he Midland Flrnuc. The Referec does llrerefore c6nclude Ihat Iic above - entitled Application should be granted as follows: OuUU25 Case loo. 95CW330 The structures set forth may be operrdcd in accordance with this Ruling without state adminishative curlailmenl Mr the bencfil orscnior approprialions, so long as the terms and conditions harcin set forth arc fully adhered to throughout the upera(imt of ibis plan for augmentation. 2. The Plan for Arrgmeulation herein contained ands (he statutory criteria for a plan for augmentation us set forth in C.R.S. 1973, §37 -92- 103(9), §37- 92- 302(1) and §37-92-3M(8), as one contemplated by law, and if opcacd in accordance with the terms and conditions of this Ruling, will not Qui bud affect any vested water right or decreed conditional water right. 3. Upon tecluest by the Division Euginew, We Applicant shall provide the Division Lngiucer with topics of ail records and accounts and other such iafornuttiou requested by the Division Engineer as will allow for the admioislralion of this plan. 4. Pursuant to C.R_S. §37- 92- 305(8), the Slalc Engineer shall curtail all out- of- pdadly diversions under the water rights described in paragraph 4 above, the depictions from which are na( so replaced so as to prevent injury to vested water rights. 5. This Court All rclaiujut'isdicLion in [its ivallcr for the next five (5) years following [lie date of ibis Decree, Auer consideration of the water rights involved and We relevant. stream regime, the Court finds that such period is necessary to assure that no injury shall occur to vested rights by the operalion of this Decrce. Upon proper pcLilimr by any person of by the Court, (he Court shall reconsider its approval of this Dccree on the question of injury Lo any water right owned by the petitioner within said period of reconsideration. 6. In the event the applicant or any person or party petitions Lbc Court for reconsideration of any of the elements of the change or plan, the Court shall order appropriate notice to be given to At the panics hereto. Such petition shall be made in good faith, under oath, and shall set forth with parliculm'ily the factual basis upon which [lie requested reconsideration is premised, together with the proposed dccrclal language to effect the petition. The party lodging the petition shall have We burden arguing Rnward to establish prima Row facts alleged in the petition. 7. 7'hc Applicant shall install such measuring dCVVCS as may be required by the Division Engineer to facilitate the ohaalion or ohs plan for augmcninlion and assure compliance hcrcwiT. 8. "]'his Ruling shall lie tiled with the \V4ltcr Clcrlc subject tojudicial ncvicw. t��csu26 I I•:..n IJUi .I Case No. 95CW330 .I: I1 II 'ill':' ,1 f .It' T .I L 9. A copy of this Ruling shall be filed with the appropriate Division Engineer and State Eugincer. Dated this clay of _ 4 199/. 7 Copy of the foro8oing��lod to all Gounsel of reca1d- LzWa1er Refuree,-- -Div. Engineer - -4nd Stu} Enginoer -1 Dale oom,lr ck+k wm «m..lm.a WATER RD I;P let- Referee Water Division No. 5 Stale of Colorado No protest was filed in this matter, accordingly, the foregoing Ruling is confined and approved, and is made the judgment and decree of this Court; provided, however, that the approval of this plan for augmentation-shall be subject to reconsideration b the Water Judge on the question of injury to the vested rights of others during any hearing commencing in the two calendar years succeeding the year in which the plan for augmentation is implemented - Dated this • ; yday of /% �� '199, �atcr 7udgc f:\data\plead\366rr.02 COPY of the foregoln(j mailod to all Counsel of record) =Water Rof ©reo,-- -pie• Engineer - St lj = nginasr�bale x o�w�r cl�rv. wmnr n>. Nn5 N UUUUL7 NORTH "J .NAN6Y CRI? -K UI' bl ��; _. 11�, .•tP. n - !IfI��� /ru�'rr'�� ; I`il�nc;r ruler ' / r•I „ L Campglo, i r' �o�• � � °17,� ^>�r\� 'p. il�i!I /� .� I ; :��. JJ' �:I Lln P� bR�� 7 cloo i 1 /'/ 11 1I i (•JJJI� i;l \ \ l \N` /'llr , \,af)i.r. Ashc1 OLJU028 Ilil,hland -11:n nian T I Ci l_J?; I” = 3000' DISTRICT COURT, WATER D1V1S10N NO 5, COLORADO Case No. 95CW331 RULING OP RE TREI CONCERNING TIIG APPLICATJON FOR WATI-T RIWITS OP: POND PROPERTY, L1,11, in Pilkin County RB 01997 liII J. 1 I , I' f` The abovo-ailillcd Applicl.iou was filed on December 29, 1995 and was referred to the undersigned as Water Rcfelce ror Water Division No. 5, Stale of Colorado, by the Walcr Judge of said Court ill accordanec with Articic 92 ofTille 37, Colorado Revised Statutes 1973, known as the Water Right Determination and Administration Act of 1969: And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements ill the Application arc lruc and having become more fully advised with respect to the sul ject matter of the Application does hereby make the fOIIOWIng determination and Ruling as the Refercc in this matter, to wit: The statements in the Application arc true. 2. Name, address and lcicphane number of Applicant: Pond Properly, Lld. Pah•ick etc Stowell, P.C. 205 5. Mill Sr, Suitc 300 Aspen, CO 8161 l ()70) 920 -1028 1 Naule of reservoirs: PPUfD fonds 1 -6. 4. LCgol description of lCSCIVoil dams: ITLTD Pond No. l: The ocnlerpoiul of lthc darn is located at a point in [lie SMM of lheNEl /4 of the SEI 14 of Sect1011 l9, Township 11 South, Range 84 West of [lie 61h P.M. approximately 1380 Ice[ north of the soil ill section lint and 85 feel west of file east section line ofsaid Scclion 19. PPLTD Pond 1110. 2: The cenlclpoinl of the clam is located al a point ill the SEIM of lbe 11113114 of the S1, 11d of scclion 19, Township I 1 5011111, Raugc 84 West of the 61h P.M. approximately 1510 feet north of the south seclioll line and 50 feet west of the cast section line of said Scclion l9 r UUU`'9 PPLTD Pond I "lo. 3: The cenlerpoiul of' 111c dam is located at a point in [lie SE 114 U G of'llr: I F.i; I of tic; l':I!•I of, ;r•c liml 19 t o•,•;o .tun I I 11"od, o..„. ,. U Ill .... I "r ]-. Case No. 95CW331 6tli P.M. approxima(cly 1605 feet not of the south section line and 45 feet west of the cast section line of said Section 19. PPLTD Pond No. 4: The cenlerpoint of the dam is localcd at a point in the SE114 of the NLI /4 of the SEIM of Scctiou 19, Township 11 .S'011th, Range 84 West of the Gth P.M. iipproximatcly 1750 feet not llr of [lie south section Iitic and 40 feet west of the cast section line Of, Said Section 19. PPLTD Porn) No. 5: '[lie centerpoinl of[ Ile clam is located at It point in [lie S)114 of the NL'U4 of the SELIM of Section 19, Township 11 South, Range 84 West of the 6111 P.M. approximately 1850 feet norlh of (lie south section line and 40 feet west of the east section line of said Section 19. PPLTD Pond No. 6: '['lie ecoAapoint of the clam is located nt a point in the SE, U4 of the NE. U4 of Ilse Sr lhl of Section 19, Township 11 South, Range 84 West of the 61h P.M. approximately 1980 feel north of the south section line and 100 feet west of the east section line of said Section 19. Nolc: •]lie stuctures are located in unsurveyed sections; accordingly inquiry notice has been pfovicled for the inspection of the map of the reservoirs which is attached to the application filed herein as Exhibit "A "; this map clepicts [lie structures in relation to the Castle Creels Road, contours and commonly identified landmarks; 5. Source as to all Ponds: Surface water ruts -off from an intermittent unnamed drainage tributary to Castle Creek, a tributary of the Roaring Pork River. 6. A. Dnlc of appropriation as to all ponds: December 31, 1981. B. Dale water applied to beneficial disc: December 31, 1981. C.. ITow appropriation was ioitiatcd: Construction of ponds and clilcb system. 7. AIDOUnt claimed: PPLTD Pond No. 1: 0.90 acre Iccl, absolulc. PPLTD Pond No. 2: 0.07 acre fuel, absululc and 0.21 acrc feel conditional. PPLTD Pond No, 3: 0.36 acrc feel, absul ute and 0.36 acrc fcct conditional. PPLTD Pond No. 4: 0.09 acrc feel, absolulc. PPLTD Pond No. 5: 0.35 acre fee(, absolulc nod 0.59 acre feet conditional, ODUU30 Case No. 95CW331 PI1L'FD fond No. 6: 0.25 acic (ccl, absolute and Q28 acic feel conditional, 8. Uses or pioposcd uses: PPLTD fond Nos. 1 -6: Piscatorial, wildlife propagation, recreation, creation of Welland habitat and irrigalion. 9. Maximum height oCdam: Under 10 feel, as to all ponds. 10. Length oCdnm: n, rD Pond No. 1: 60 feet. PPLTD Pond No. 2: 145 feet, PPLTD Pond No. 3: l55 feet. PPLTD Pond No. 4: 110 feel. PPLTD Pond No. 5: 285 feel. PPLTD. Pond No. 6: 160 Ccct. 11. Total capacity of reservoirs: PPLTD Pond No. 1: 0.90 acre feel. PPLTD Pond No. 2: 0.28 acre feet. PPLTD fond No. 3: 0.72 acre feet. PPLTD Pond No. 4: 0.09 acre feel. PPLTD Pond No. 5: 0.94 acic Feel. PPL "1'D Pond 1\1 u. 6: 0.56 acre feet. 12. Active capacity of rescrvoirs: PPLTD fond No. 1: 0.72 acre feet. PPLTD Pond No. 2: 0124 acre feet PPLTD Pond No. 3: 0.576 acre fcct. OOOu31 Case No. 95CW33 l PPLTD Pouf No, 4: 0.072 acre feet. PPLTD Pond No. 5: 0.752 acre feel. PPLTD Pond No. 6: Ot148 acre feet. 13. Death storage: PPLTD Pond No. 1: - 0.18 PPLTD Pond No, 2: 0.056 PPLTD'Pond No. 3: 0.144 PPL CD Pond No. 4: 0.018 PPLTD Pond No. 5: 0.188 PPLTD Pond No. 6: 0,112 14. Name and capacity of the ditch leading to the ponds: All ponds are interconnected by an unmated flow- through ditch.system with a capacity of -1pproximalely 0.2 efs. 15. The name and address of the owner of the laud upon which (he,point of diversion is located is: Applicant; the name and address ol' the owner of land upon which the place of use of the water is or will be is: Applicant. 16. Rcutailts: The Applicant has entered into au AgrccmcnL with WTS Cabin Partners, Ltd. (WTS), whereby WTS has agreed to Well plan for augmentation (filed December 29, 1995), Which uugmcnls all out -oC priority depictions from water rights claimed herein. 17. Statements of Opposition were timely filed by (be City ofAspeu and Lite Pitkin County Board of couunissioacrs. 18. PUrSUaflt la a Stipulntioo and Agreement ciilcied into by the parlics, Applicant agrees that MY decree obtained by the Applicant shall be administered as junior to nay and all currently decl "ecCI nlininrrun su'cmullow dcwnes held by the Colorado Wata Couscrvation Board, including, but not limited lo, the decree in Case W2947 For 12.00 cfs with nu appropriation date of January 14, 1976. The parlics acknowledge that Aspen intends to install, at no cost to Applicant, stream measuring and ntcutitoring equipment nt its Midland Plume on.Cuslle Creek. Such measuring and mouiloring equipment is expected to enable continuous real - lime measuretuent of sLinamflows in Caslle Cieck. Applicant agrees (Ili( this information may be submitted to the Division Iatgineet to assist hint in fulfilling his statutory duties so LhaL the water rights deciced in this case do not injuic sciliar Water lights. Copies of the OJUU32 Case No.95CW331 accountings provided to the Division Engineer will also be provided to the Cily:of Aspen upon Aspcn's request Applicant will cease diversions under its decreed water right's unless the depletions therefrom are fully augmented at the time depletion occurs. Nothing contained herein shall prevent the Division Engineer from administering or curtailing Applicant's water rights as lie deems appropriate if a valid call is placed by a senior water right that diverts at or below the Midland I- luine. The Referee does therefore conclude that [lie above - entitled Application should be granted as follows: Pond Property, Ltd., shall be granted a Decrce awarding [lie following water rights: PPLTD Pond No. 1: 0.90 acre feet, absolute. PPLTD Pond No. 2: 0.07 acre feet, absolute and 0.21 acre feet conditional. PPLTD Pond No. 3: 0.36 acre feet, absolute and 0.36 acre feet conditional. PPLTD Pond No. 4: 0.09 acre feet, absolute. PPLTD Pond No. 5: 0.35 acre feet, absolute and 0.59 acre feet conditional. PPLTD Pond No..6: 0.28 acre feet, absolute and 0.28 acre feet conditional. The uses or proposed uses for each of the above are piscatorial, wildlife propagation, recreation, creation of wetland habitat and irrigation. 2. This Ruling shall be filed wills the Water Clerk subject to judicial review. 3. A copy of this Ruling shall be filed with the appropriate Division Engineer and State Engineer. Application for a I exennial Finding of Reasonable Diligence shall be filed in the same ruonlh as the decree is entered during [lie year Z 0 3 and every six years after the entry of the Decree until the right is made absolute by reason of the completion,of the appropriations. SUBJECT. HOWEVER_ TO ALI, EARLIER PRiORM RIGHTS Ol' OTPIERS and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law, i30U033 5 Case No. 95CW331 Q Dated this day of Copy of the lorol7o1n;m ad to all Coun;cl of racordv', naIafee,-- Div.,�ngr .;._;; - -and SI _ Englnoer— D+..ie WAT lZ R LE: Water Referee Water Division No. 5 Stale of Colorado /.W - -- J Oo my GaF.WdH aL.Iio. A No protest was filed in this matter. The foregoing Ruling is therefore, confirmed and approved and is the Judgment and Decree of the Court and the MONTH AND INITIAL YEAR FOR PILING AN APPLICATION FOR A FINDING OF REASONABLE DILIGENCE SHALL -BE /T K " l' 7-�-" ater Judge f:\d ata\piead \366rr.03 Copy of the f0ragolnAp.mailed to all Counsel of record-- `Waltui nnleroe, --- Div, Pdlneor- -and Slat Engineer —Dale •Uajetiv Cknh Weer ob. J. U -OU034 it !`1/ NOR1II INN- Nj /. l I ' - J�II CVnlila' Clllilil( UCI CII\ 1 1 . l)� �r�� %� � ��, I�1 � 1 � h ncw, ;nc;r,'ru ur ' I)RIF.0 111' 1.• .._ `; - l�y i I' Npdc•:i Inl - �,. I_ <<, IN, ; 1 /iU. IN S v I v 1.-_�, fIG+N`R'i uP 3, 7 Ar. r 1. �� \�` � � i ����, ' .`\'` � •'. � �,(';lj � i � U U " 3 5 117„LL....I n.,..,1. . I �;(• /,� I I.. ._ lfl(I(I' EXHIBIT 7 Pond Restoration Study Describing the Dredging and Filling Methods to be used CRYSTAL, LLC, ACTIVITYENVELOPE FOR DREDGING PONDS ID *2905- 3aroao3o 15 UUVUab ELK MOUNTAIN LODGE - POND RESTORATION STUDY Prepared for Elk Mountain Lodge, LLC 1601 Forum Place, Suite 307, West Palm Beach, FL 33401 Prepared by Steven M. Lee 700 Latigo Loop, Carbondale, CO 81611 August 13, 2012 UUUU31 Elk Mountain Lodge — Pond Restoration Study EXECUTIVE SUMMARY The purpose of the Elk Mountain Lodge — Pond Restoration Study is to evaluate the feasibility of removing accumulated sedimentation to increase pond depth and health. The study addresses disposal of removed material and associated dewatering requirements. The requirement for dam remediation and associated willow scrub overgrowth is assessed. Project challenges have been combined; beneficial results include on site disposal of dredge material & cleared willow scrub and dam remediation. Cost control and mitigated environmental impact to the site are scrutinized. Figures and tables are provided for clarification. Section 1.0 - Site Characterization, includes Site Location & Layout, Hydrology, Ecology, Dam & Pond Conditions, and Sedimentation Characterization. The site is located on the west side of Castle Creek Road in the vicinity of Ashcroft, Colorado, Pitkin County. The water table is at ground level throughout the site resulting in very saturated soils. The site is situated in willow scrub supported by an abundance of water. Dams that retain the ponds are 4 feet to 5 feet in height; and are narrow crested with steep slopes. These dams were most likely built from the material excavated to form the ponds. Willow scrub growth is dense on dams, compromising structural integrity. Additionally, dam freeboard is lower than guidelines prescribe. Sediments consist primarily of fine grain sands and silts with a high level of organic material (black pond mud). Geotechnical testing, included In Situ % Solids, Dewatered % Solids, and Settling Rates were conducted. Pond sediment was revealed to be highly suitable for efficient removal and deposition utilizing hydraulic dredging. It is highly unlikely that any contaminates exist in pond sediment as the property's upstream boundary is the Maroon Bell — Snowmass Wilderness. Section 2.0 — Site Restoration Analysis, examines Site Constraints, Sediment Removal Options, Dewatering Options, Dam Remediation, Vegetation Removal, and Optional Project Scopes. At the end of this section, a combination of Means & Methods is recommended to accomplish the project goals. Operations will require tactics to protect the natural setting. Saturated soil conditions and thick willow scrub throughout site will require exacting project mobility methods. Hydraulic dredging is shown to attain project benefit over "Drain & Excavate ". This is true for both sediment removal and disposal. Comparative methods for handling removed materials consist of Haul Off, Slopping, Geotextile Geotubes, and Settlings Basins. However, a cost effective hybrid scenario combining geotextile filter fabric and settling basin technology will provide advantages over other options. Hybrid Geofabric Lined Pervious Settling Basins (HGLP Settling BasinSTM) will utilize willow trunks and branches to construct pervious dikes on the downstream side of existing pond dams. When complete, dam freeboard will be increased by 0.5 feet to 1.0 feet and dam crest width increased by 8 feet to 15 feet. Willow growth will be removed from dams and cleared downstream of dams for approximately 15 feet for HGLP Settling BasinTM installation. A small 21 Page 0UU0J8 Elk Mountain Lodge — Pond Restoration Study rubber track excavator equipped with a thumb will be the primary plant for this operation. As required, a raft road of willow trunk will be constructed to float excavator over saturated soils. The trunks and branches produced from clearing and grubbing operations will be utilized for construction of willow dikes. This arrangement not only provides a low cost suitable material for dike construction and dam remediation, but also affords a means for disposal of cleared willows. Aquatic weeds will be cleared and stockpiled as dredging operations proceed. These materials contain high nutrient levels and could be spread in adjacent pastures as fertilizer. Section 3.0 — Preferred Option, presents the recommended method for pond restoration. Sediment removal and placement utilizing a small hydraulic dredge equipped with mild water jetting will result in low environmental impact at the site and efficient operations. The placement of dredge material between existing dams and dikes formed with willow cleared from dams will result in beneficial use of both removed sediment and cleared willows. Hybrid Geofabric Lined Pervious Settling BasinsTm are a cost effective means of accomplishing dewatering and dam remediation. Section 4.0 — Permitting Requirements, briefly addresses Permitting Compliance Permitting compliance should be sought through Newland Project Resources, INC. This study should aid in expediting the process. Some mobilization efforts could begin before permitting is approved. Section 5.0 — Project Benefits, outlines benefits to be realized by project execution. The pond site at Elk Mountain Lodge is a beautiful natural settling that is currently underutilized and in need of maintenance. Once performed, the work outlined would result in greatly increased recreational opportunities at the ponds. In their current state, all ponds with the exception of Pond #6 are obscured from view and have poor access. The dam remediation program would open up views to ponds as well as access. Unattended, the pond dams will eventually fail from willow root intrusion and overtopping. Pond maintenance will demonstrate beneficial use thereby maintaining decreed water rights under the appropriated system. It is assessed that the cost of the project will be a small fraction of increased property value with the benefit of providing an area of the property where owners and guests would realize abundant enjoyment. 31 Page uuuu; 9 Elk Mountain Lodge — Pond Restoration Study TABLE OF CONTENTS Page # 1.0 SITE CHARACTERIZATION .................................... ............................... 6 I.1 Site Location and Layout ................................. ............................... 6 1.2 Hydrology ................................................... ............................... 8 1.3 Ecology ...................................................... ............................... 9 1.4 Dam & Pond Conditions .................................. ............................... 10 1.5 Sedimentation Characterization .......................... ............................... 13 2.0 SITE RESTORATION ANALYSIS ............................. ............................... 16 2.1 Site Constraints ............................................ ............................... 16 2.2 Sediment Removal Options .............................. ............................... 16 2.2.1 Drain and Excavate ............................. ............................... 16 '2.2.2 Hydraulic Dredging ............................. ............................... 16 2.3 Dewatering Options ........................................ ............................... 18 2.3.1 Haul Off .......................................... ............................... 18 2.3.2 Slopping .......................................... ............................... 18 2.3.3 Geotubes ......................................... ............................... 18 2.3.4 Settling Basins .................................. ............................... 18 2.3.5 Hybrid Geofabric Lined Settling Basin ...... ............................... 18 2.4 Dam Remediation .......................................... ............................... 19 2.5 Vegetation Removal ....................................... ............................... 22 2.5.1 Terrestrial Vegetation ........................... ............................... 22 2.5.2 Aquatic Weed & Algae ......................... ............................... 22 2.6 Optional Project Scopes ................................... ............................... 22 2.6.1 Pond Aeration ................................... ............................... 22 2.6.2 Pond Maintenance .............................. ............................... 23 3.0 RECOMMEND OPTION ......................................... ............................... 24 4.0 PERMITTING REQUIREMENTS ............................... ............................... 24 5.0 PROJECT BENEFITS .............................................. ............................... 24 APPENDIX A — Professional Biographical Brief .................... ............................... 25 41 Page OU0040 Elk Mountain Lodge — Pond Restoration Study LIST OF FIGURES & TABLES Figure 1 — Ponds & Project Area, Aerial View ........................ ............................... 7 Figure 2 — Catch Basin, Aerial View .................................... ............................... 8 Figure3 — Willow Scrub .................................................. ............................... 9 Figure 4 — Dam #6, Typical Dam Construction (foreground), narrow crest and steep slope... 10 Figure 5 — Willow Growth on Dam #1 (Right -hand side) ............ ............................... 1 1 Figure 6 — Standing Water at Dam Base, Dam # 6 ..................... ............................... 12 Figure7 — Lined Outlet ................................................... ............................... 12 Figure 8 — Aquatic Vegetation Overgrowth ............................ ............................... 13 Figure 9 — Pond #1 Sediment Sample ................................... ............................... 14 Figure 10 — Pond #1 Sedimentation In -fill (and algae growth) ...... ............................... 15 Figure 11 — Dredge Plant, Piranha PS -165E (73" L X 57" W X 10" Draft) ...................... 17 Figure 12 — Existing Dam Conditions (Willow Overgrowth & Low Freeboard) ................. 20 Figure 13 — HGLP Settling BasinTM ..................................... ............................... 20 Figure 14 — Dewatering & Dredge Material Placement .............. ............................... 21 Figure 15 — Remediated Dam Configuration .......................... ............................... 21 Table I - Pond Surface Geometry and Elevations ..................... ............................... 6 Table 2 - Assumed Average Pond Sediment Levels & Quantities .. ............................... 14 51 Page Ouu'J41 Elk Mountain Lodge — Pond Restoration Study 1.0 SITE CHARACTERIZATION This section is based on information gathered during two site visits on July 27 & July 30, 2012, courtesy of Mr. Richard Burnham, Elk Mountain Lodge, LLC. Hydrology insights provided by Tom Newland, Newland Project Resources, INC. 1.1 Site Location & Layout The ponds are located on property owned by Elk Mountain Lodge, LLC on the west side of Castle Creek Road in the vicinity of Ashcroft, Colorado, Pitkin County. There are six (6) ponds at the site that vary in length from 107 feet to 254 feet, with widths between 25 feet to 45 feet. Each pond is oriented with its long axis perpendicular to the topographical fall line. The pond surface areas vary between 1,800 ft' to 10,650 ft', comprising a total surface area of approximately 0.67 acres. Pond #1 is at the highest elevation of 9,399 feet and Pond #6 is the lowest at 9,337 feet for a total pond to pond elevation drop of 62 feet. The project area, comprising the ponds and adjacent land, covers an area of 6.5 acres that runs 750 feet in north — south alignment and 380 feet east to west. Table 1 - Pond Surface Geometry and Elevations Pond # Length (feet) Width (feet) Circumference (feet) Surface Area (ft2) Elevation (feet MSL) 41 165 28 354 2,900 9,399 #2 131 40 285 3,400 9,387 43 150 45 367 5,700 9,373 #4 107 25 260 1,800 9,362 45 254 40 1 510 101650 9,352 #6 144 35 1 356 1 4,600 9,337 61 Page l JVU "�2 A l s i & 16 �1:, r L: i Elk Mountain Lodge — Pond Restoration Study 1.2 Hvdroloav The ponds lay at the base of a catch basin on the east side of the Hayden Peak massive. This catch basin covers approximately 360 acres and reaches to an altitude of 11,800 feet above mean sea level. Figure 2 — Catch Basin, Aerial View As runoff water from the basin reaches the decreased slope of the Castle Creek Valley floor, it flows primarily as subsurface groundwater. During spring runoff or years with higher snowpack there may be more surface flows, but this was not observed during late July 2012 site visits. The water table is at ground level throughout the site resulting in very saturated soils. The ponds are fed with influent ground water flow as well as pond to pond overflows. Water leaving the site becomes Castle Creek flow. 81 Page 000044 Elk Mountain Lodge — Pond Restoration Study 1.3 Ecoloev The site's elevation at 9,300 feet puts it in the middle of the montane ecological zone, generally dominated by pines, douglas -fir, and aspens. This type of forest surrounds the area, but the site is situated in willow scrub supported by an abundance of water. Figure 3 — Willow Scrub The only fish observed were in pond #6. These non - native rainbow trout did not appear numerous and were 10 -12 inches in length with relatively large heads and, slim bodies, indicating slow growth and low food availability. Many of the ponds are too shallow to support trout through the winters. A muskrat was observed in pond #3. 91 Page 000045 Elk Mountain Lodge — Pond Restoration Study 1.4 Dam & Pond Conditions The dams that retain the ponds are 4 feet to 5 feet in height which is assumed for approximate pond depth without sedimentation, although they may have been scraped out slightly deeper. They are narrow crested with steep slopes. The dams were most likely built from the material excavated to form the ponds. Figure 4 — Dam #6, Typical Dam Construction (foreground), narrow crest and steep slope 101 Page ODU046 Elk Mountain Lodge — Pond Restoration Study Willow scrub growth is dense on all dams with the exception of Dam 46 (Pond #6) that appears to have been cleared of vegetation and widened over two thirds (2/3) of its length. Dam integrity is threatened by willow root intrusion that will eventually result in failure. A complete inspection of dams is impractical without removing willows, although a partial inspection in thick growth areas was conducted. This inspection revealed that dams are consistent in their construction and condition. Figure 5— Willow Growth on Dam #1 (Right -hand side) ODUU47 111 Page Elk Mountain Lodge — Pond Restoration Study Standing water is found at the base of dams; however standing water is found throughout site and is most likely the result of the water table intersecting the ground surface rather than leaking ponds. Figure 6 - Standing Water at Dam Base, Dam #6 Each Dam has-a lined outlet. However, several areas were found where the dam crests are lower than outlet height. This condition will result in the eventual erosion failure of dams. In general, dam freeboard is lower than design guidelines prescribe. Figure 7 - Lined Outlet 121Page Elk Mountain Lodge — Pond Restoration Study Pond liner was discovered in several locations coming up from lined pond tying into dam crests. It is assumed that all ponds are lined or partially lined. Further, bentonite was found in Pond #6 and may have been a past leak repair. Overgrowth of aquatic vegetation including weeds and algae exist in many areas and for entire ponds in some instances. This is the result of an abundance of carbon dioxide in the water column combined with high nutrient levels. Figure S — Aquatic vegetation Overgrowth 1.5 Sedimentation Characterization On July 27, 2012, representative soil samples were acquired from Ponds #1, #3, & #5, with a 2" PVC sample tube driven into pond sediment. Visual inspection reveals sediments to consist primarily of fine grain sands and silts with a high level of organic material (black pond mud). This material has low cohesive and plastic qualities producing fluid mud. The samples were tested for in situ % solids by weight. All three samples were consistent, ranging from 29% to 33% solids by weight in situ. It is highly unlikely that any contaminates exist in pond sediment as the property's upstream boundary is the Maroon Bell — Snowmass Wilderness. This could be confirmed by having samples examined by the Colorado State University Soils Testing Lab in Fort Collins, Colorado. 131 Page 000049 Elk Mountain Lodge —Pond Restoration Study Figure 9 — Pond #1 Sediment Sample The degree of sedimentation infill varies consistently from highest to lowest pond with the exception of Pond #2 that was drained and manually mucked out some time in 2008. Pond #1 acts as the system sedimentation catch basin and is entirely filled in with deposits. Table 2 - Assumed Average Pond Sediment Levels & Quantities Pond # Min. Sed. Depth feet Max. Sed. Depth feet Surfa ce Area W) Min. Vol. (Yd 3) Max. Vol. (Yd 3) #1 2.0 3.0 2,900 215 325 #2 0.0 0.5 3,400 0 65 #3 1.5 2.5 5,700 315 525 #4 1.3 2.0 1,800 90 135 #5 1.0 1.5 10,650 395 590 #6 0.5 1.0 4,600 85 170 Total Volume of In Situ Sediment: 1,100 1,810 141 Page ODU050 Elk Mountain Lodge — Pond Restoration Study Figure 10 — Pond #1 Sedimentation In -fill (and algae growth) 000051 151 Page Elk Mountain Lodge — Pond Restoration Study 2.0 SITE RESTORATION ANALYSIS The following section outlines options for removing pond sediment and what to do with it after removal. A preferred option (See Section 3.0) is identified that is the least invasive and creates beneficial use of removed sediments. This option also addresses requirement for dam augmentation. Benefits of pond aeration and future maintenance are briefly identified. 2.1 Site Constraints • The undisturbed natural setting necessitates diligent efforts to minimize environmental impacts. • Heavy willow scrub vegetation presents project mobility challenges. • Saturated soil conditions require careful consideration in relation to both environmental impacts and project mobility. 2.2 Sediment Removal Options This section examines options for the means and methods of pond sediment removal. 2.2.1 Drain and Excavate This would involve emptying pond water with pumps and excavating with conventional earth moving equipment. The drain and excavate method at this site presents the following limitations: • Even after draining, the material to be removed will be in a saturated fluid state that would be difficult to handle with machine buckets making controlled removal and transportation very difficult. • Execution without damage to pond liner would require leaving a relatively thick sediment layer over liner. It would be difficult to identify and protect liner. • Habitat surrounding and in ponds would be highly impacted by machine track rutting. There would be a high potential for machinery bogging in saturated soils. • Ground water inflow to ponds would continue during operations. • Inclement weather would cause schedule delays. Even small amounts of precipitation would accumulate quickly in drained ponds. The overall site degradation and long environmental recovery period must be closely examined when considering this sediment removal option. 2.2.2 Hydraulic Dredging Hydraulic dredging makes use of a centrifugal pump to create suction on a submerged intake line. Sediments are picked up from the cut area in a mixture with water resulting in a slurry that is passed through the pump and transported to the deposit area in the discharge line. In general, sediments must be agitated to attain an efficient solids / water ratio of slurry. For this project, 161 Page UUUU-52 Elk Mountain Lodge— Pond Restoration Study mild water jetting is identified as the best means for providing sediment agitation. Of importance, mild water jetting will not damage the pond liner. The Piranha PE -165E has been selected as the plant that would best fit the project. It weighs 446 lbs, facilitating ease of operation in tight confines and mobilizing in and out of ponds. The operator works the suction head on a wand while wading in shallows and from a small tender in deeper areas. There is a high level of control making detailed removal possible, including working shorelines. A suction head strainer prevents objects larger than 1" from being picked up in the slurry. Figure 11— Dredge Plant, Piranha PS -165E (73" L X 57" W X 10" Draft) Ideal production rates for the PS -165E are 30 — 40.yd'/hr. However, this does not account for the logistics of operations. In addition, the site's altitude of 9,300 feet above MSL will reduce pump efficiency by approximately 30% due to lower atmospheric pressure. Combined, these types of factors are known as dredge efficiency. For this project, a dredge efficiency of 40% is assumed resulting in 12 —16 yd3/hr for a daily production target around 100 yd'. Dredging operations require large quantities of water. Transport slurry is typical 70% water by volume. The dredging program will start at the highest pond ( #1) and work down to the lowest ( #6). With sediment removed, water will gravity flow from a catchment into next lower pond along lined or piped drainages (see Section 2.3 — Dewatering Options). Two 3" trash pumps, with a combined capacity equalized with dredging rate, will re- circulate water back to the pond during sediment removal operations until that pond is complete. Two re- circulation pumps will provide the flexibility to draw from multiple ponds if required. This process will be repeated down to Pond #6, until sediment removal operations are fully accomplished. 171 Page 000053 Elk Mountain Lodge— Pond Restoration Study 2.3 Dewatering Options Sediment removed from pond sites, by whatever means, contains a lot of water. The material in these ponds is approximately 70% water by volume. Even with ponds drained, the material will contain high water content. The following section outlines methods for handling removed materials. 2.3.1 Haul Off It would be impractical to remove this material from or around site by trucking without letting it dry out in a holding basin for at least a couple of seasons. 2.3.2 Slopping Pond sediments could be slopped over dams and around ponds in to willow thickets. However, the results would be unsightly and require a long recovery period for surroundings. 2.3.3 Geotubes Geotubes are geotextile tubes that dredge slurry is pumped in to through ports. They attain high efficiency at dewatering slurry, retaining solids in the tube while water flows through the fabric. Once full, the tubes can be used as structural elements in place or cut open for relatively dry sediment handling. Geotubes can be invaluable for larger operations or where hauling is the preferred end fate of material. However, geotubes are not economically viable for this project. Procuring custom tubes for the constraints of this project would represent well over half the budget. 2.3.4 Settling Basins Settling basins are the traditional and least expensive way to dewater dredge slurry. Slurry pumped in to the basin experiences greatly reduced velocity and the fluid no longer has the energy to entrain solids that fall to the bottom. Water separated from solids flows over a weir leaving the settling basin. When dredging is complete and ample time is given for drying, the area can be reshaped and seeded to create usable land or hauled off. 2.3.5 Hybrid Geofabric Lined Pervious Settling Basins (HGLP Settling BasinsTM) Willow trunks and branches will be used to construct pervious dikes on the downstream side of existing pond dams (See Section 2.4 — Dam Remediation, Figure 13). The dikes will be lined with a geofabric and a weir installed. Dewatering will occur over the weir as in a traditional settling basin and will also be greatly augmented by flows through the fabric bringing geotube type efficiency to the dewatering operation at a small fraction of the cost. An impervious liner underneath and downhill of the willow dike will collect water. This water will drain to a central 181 Page Ouuu54 Elk Mountain Lodge— Pond Restoration Study location on the downhill side of the dikes and make its way to the next pond via lined drainage or 6" duct for re- circulation operations. Dewatering and settling rate tests were conducted on August 7, 2012 with pond sediment samples collect on July 27, 2012. It was determined that a relatively inexpensive geotextile (Mirafi N -140 Nonwoven Polypropylene) would work well as filter fabric liner. Samples were dewatered with this liner and brought to 45% - 50% solids by weight in under an hour. 2.4 Dam Remediation Engineered dikes constructed from willow trunks and branches will be placed below existing dams. A geotextile liner installed from the base of existing dams to the crest of willow dikes will facilitate dewatering and consolidation of placed dredge material. The final dam remediation phase will entail filling willow dikes with sediments for dike consolidation and dam capping. The resulting dam freeboard will be 0.5 feet to 1.0 feet higher than existing conditions. The combined length of dams to be augmented is approximately 850 feet. With between 1,100 yd' to 1,800 yd' of sediment to be removed from ponds, the resulting augmented dam crest widths will be 8 feet to 15 feet providing access to ponds and light vehicle traffic achieving beneficial use of dredge material. Full dewatering and consolidation of dredged material will be attained by the summer of 2013, should dams be remediated this fall. At completion, dams will have the appearance of natural beaver dams and be obscured by the surrounding vegetation. The ponds vary in availability of dredge material for dam remediation. Material will be transported and distributed as required via slurry transport pipelines, ensuring equalization of final pond to pond dam geometry. The ponds also vary in availability of willow scrub for dike construction. Cleared materials will be distributed as required. If however, willow scrub material falls short of total requirement, thinning of nearby aspens would augment dike construction material supply (Clearing of aspens — separate scope). 191 Page JUU055 Elk Mountain Lodge - Pond Restoration Study The following four figures present a schematic sequencing program and remediation elements. EX[STING CONNr /DNS - SCHEMATIC W {Llew SCR�v6 OVER('.ROWTH BM /,a Figure 12 - Existing Dam Conditions (Willow Overgrowth and Low Freeboard) HG1- P S,ErrL AI G 545//V7" - SUfFA24r /G P -Rvrous U110, DIKE TCMP4"JD,F&0%5T7c upen M- 040MRJ .c w.a. ' RAFT X�AO tH U, c sxwVu) =ucTVQAt MPANO " t19i/Z Figure 13 - HGLP Settling BasinTM 000056 201 Page Elk Mountain Lodge — Pond Restoration Study CAV-M 61310 DAA 8/9/! Z Sf- y Figure 14 — Dewatering & Dredge Material Placement AP-Ale FATED LWF1 CauF+CrUP,A77oN - SC44644.AjC_ U'LL11.7I04, rA" CREST WID774 1laucw, Drk€ 8,A. 1s FTa,Ry r isr (SGprMta•r Imo) L�REDbf p,:bp MMSiML _ W.L. 6/9/72 sr, Figure 15 — Remediated Dam Configuration ODUO57 211 Page Elk Mountain Lodge — Pond Restoration Study 2.5 Vegetation Removal The following section addresses means and methods for removal of willows from dams and clearing ponds of aquatic vegetation overgrowth. 2.5.1 Terrestrial Vegetation Willow growth will be removed from dams and cleared downstream of dams for approximately 15 feet for HGLP Settling BasinTM installation. Two small excavators equipped with thumbs will be the primary plants for this operation. As required, a raft road of willow trunk will be constructed to float excavator over saturated soils. While most roots will be pulled out, there will be some regrowth that will require periodic maintenance removal. The trunks and branches produced from clearing and grubbing operations will be utilized in willow dike construction. This arrangement not only provides a low cost suitable material for dike construction and dam remediation, but also affords a means for disposal of cleared willows. 2.5.2 Aquatic Weeds & Algae Aquatic weeds will be cleared and stockpiled as dredging operations proceed. These materials contain high nutrient levels and could be spread in adjacent pastures as fertilizer. 2.6 Optional Project Scopes Pond aeration and maintenance considerations are addressed in the following section. 2.6.1 Pond Aeration Pond aeration improves water quality and ecological health of the ponds by increasing oxygen levels and decreasing carbon dioxide resulting in diminished aquatic weeds and algae growth. The ponds will appear clearer and be able to support thriving trout populations. If ponds are to be used for winter recreation, aeration should be turned off in the winter months so open water and thinned ice conditions don't exist. However, fish populations will be far healthier if aeration is allowed year round. In this event, Danger Thin Ice signs should be posted for winter months. There is currently an aeration system installed at the site servicing three ponds. This system will be reviewed during next site visit and recommendation presented, if any. 2.6.2 Pond Maintenance Pond 41 is the primary sediment catchment and accumulated sediments should be cleared periodically. Pond to pond sedimentation deltas should also be removed as part of the maintenance schedule. A reasonable maintenance schedule should be determined from observation of next year's sedimentation rate. }��.�U 221 Page Elk Mountain Lodge — Pond Restoration Study At the completion of the project, ponds could be treated with pond conditioner that would boost water clarity and eliminate pond muck growth. Additional pond conditioner could be left with maintenance staff for ongoing treatments at a prescribed schedule. 231 Page ODUU59 Elk Mountain Lodge — Pond Restoration Study 3.0 RECOMMENDED OPTION Pond sediment removal will increase depth and health of the ponds at Elk Mountain Lodge. Utilizing a small hydraulic dredge equipped with mild water jetting will result in low environmental impact at the site. The placement of dredge material between existing dams and dikes formed with willow cleared from dams will result in beneficial use of both removed sediment and cleared willows. Hybrid Geofabric Lined Pervious Settling BasinsTM are a cost effective means of accomplishing dewatering and dam remediation. 4.0 PERMITTING REQUIREMENTS Permitting compliance should be sought through Newland Project Resources, INC. This study should aid in expediting the process. Some mobilization efforts could begin before permitting is approved. A Stormwater Management Plan (SWMP) should not be required as dam remediation work will disturb an area less than 0.7 acres. The State of Colorado does not require a SWMP for disturbance under 1.0 acres in size. Pond dredging falls under maintenance of hydraulic capacity which does not require a SWMP ( www. cdphe .state.co.us /wq /PermitUnit). 5.0 PROJECT BENEFITS The pond site at Elk Mountain Lodge is a beautiful natural settling that is currently underutilized and in need of maintenance. Once performed, the work outlined would result in greatly increased recreational opportunities at the ponds. In their current state, all ponds with the exception of Pond #6 are obscured from view and have poor access. The dam remediation program would open up views to ponds as well as access. Unattended, the pond dams will eventually fail from willow root intrusion and overtopping. Sediment removal would provide deepened ponds that could sustain healthy ecosystems and top notch trout fishing amid clear mountain ponds. Pond maintenance will demonstrate beneficial use thereby maintaining decreed water rights under the appropriated system. It is assessed that the cost of the project will be a small fraction of increased property value with the benefit of providing an area of the property where owners and guests would realize abundant enjoyment. 241 Page ODUU60 Elk Mountain Lodge — Pond Restoration Study APPENDIX A — Professional Biographical Brief Steven M. Lee Steve Lee studied earth sciences, mathematics, and physics at the University of Colorado from 1979 to 1982. He received a Bachelor of Ocean Engineering from Texas A &M University in 1986 while attending on a National Sea Grant Scholarship. After graduation, he was hired as an associate naval architect at Kotzebue Marine Enterprises, San Diego, CA where he was responsible for motion analysis and intact & damaged stability calculations for 110 foot Small Waterplane Area Twin Hull (SWATH). In 1988, he joined MacKnight Consulting Engineers in Melbourne, Australia as a coastal projects design engineer. Mr. Lee was a team leader for in- house software development working closely with both the U.S. Army Corps of Engineers and Delft Hydraulics in Holland. While in Australia, he gained extensive dredging engineering experience working on the Sydney Parallel Runway Project (coastal process modeling, design of borrow areas and associated runway reclamation), Parramatta Ferry Service Extension Project (preparation of detailed dredging program, plant requirement, and design of settling ponds & weirs to meet New South Wales state pollution control commission requirements), and McArthur River Project, Northern Territory (selection of 34km riverine navigation channel and associated dredging requirements to facilitate lead and zinc concentrate barging operation). While at MacKnight, Mr. Lee produced 12 coastal and dredging studies, including marine aspects for 3 Environmental Impact Statements (EIS). In 1995, Steve returned to the Roaring Fork Valley where he was raised, to pursue a career in luxury home construction and has built 8 high -end custom homes performing both project management and site supervision. Areas of expertise include team leadership, project documentation,. client relations, cost estimation and budget management, quality control, value engineering, resource allocation, regulatory liaison, contract negotiations and safety protocols. Over the past 14 month, he has been employed as the Superintendent for utilities installation for a private community development, coordinating and providing design overview for a complex waste treatment tank scheme, propane & electrical distribution sy$tems, telemetry scopes, and community water system. Over the years, Mr. Lee has fostered a large network of regional subcontractors and vendors and maintains many contacts in the marine industries of the U.S., Australia and Europe. In January of 2012, he attended and successfully completed the Texas A &M University 41 n Dredging Engineering Short Course. Mr. Lee is a Member of the Western Dredging Association (WEDA) and will be sitting for reinstatement of his Professional Engineer's licensure in April, 2013. 251 Page 000061 EXHIBIT8 Riparian and Wetland Determination Map CRYSTAL, LLC, ACTIVITY ENVELOPE FOR DREDGING PONDS ID #2909 -3zz- 30 UUUUn2 16 UUUU63 EXHIBIT g Draft Activity Envelope Plat CRYSTAL, LLC, ACTIVITYENVELOPE FOR DREDGING PONDS ID #290g -3 - 30 JJJJ64 17 C) c c c o� cn {y 1�aa qd � \J {z Ode (D n a1 , ' 0 �'i •�S rf ,' I 'S O 7 ,!V^ I a - d cn 0 CD v4 (leul Hu .� lqiq of � gA , m INS 3a CD _0 6 CD gA Y O Q CQ PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 September 27, 2012 Tom Newland 417 Original Road Basalt, CO 81621 tomn @sopris.net Re: Crystal LLC Activity Envelope (CASE P090 -12; PID 2909- 194 -01 -001) Dear Mr. Newland: 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 Suzanne Wolff, the planner assigned to your case, at 920 -5093. Sincerely, Bonnie Waechtler Administrative Assistant PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 MEMORANDUM To: Pitkin County Engineer FROM: Suzanne Wolff, Community Development Department Suzanne. wolff(a co.pitkin.co.us Re: Crystal LLC Activity Envelope (PID 2909 - 194 -01 -001; Case P090 -12) DATE: September 27, 2012 Attached for your review and comments are materials for an application submitted by Crystal LLC. The Pitkin County Community Development Director will review the application. Please return your comments to me by Friday, October 5, 2012. http• / /www aspenpitkin com/ Portals /0 /does /county /Com %2ODev /Planning /Land Use Ap plications/P090 12 app.pdf Thank you. PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX4 (970) 920 -5439 MEMORANDUM To: Suzanne Wolff FROM: Susan Pearson, Zoning Officer (Engineering Review) Re: Crystal LLC Activity Envelope (PID 2909 - 194 -01 -001; Case P090 -12) DATE: October 5, 2012 After reviewing the application I propose the following conditions: ➢ The applicant shall apply for and obtain an Earthmoving, Clearing and Grubbing Permit for all earthwork, landscape and water course /water feature /pond improvements. The permit application shall address: • All State requirements including Notice of Intent to the Division Engineer's Office • A current survey of the site • Acquire a State Stormwater Permit if disturbing in excess of I acre • A landscape plan • Vegetation removed shall be used on site A detailed engineered Drainage and Erosion Control Plan shall be submitted with each development permit. • All historic and natural drainage patterns shall be maintained or improved so as not to affect the neighboring properties or the integrity of Castle Creek Road • Minimal disturbance shall take place • Natural vegetation shall be preserved as much as practicable • Mitigation measures and BMPs shall remain in place until replacement vegetation is viable • A landscaping plan shall be submitted to address necessary adequate vegetation replacement • Erosion control matting shall be used for revegetation on steeper areas The applicant shall submit a Large Scale detailed Construction Management Plan (CMP) with each development permit that addresses all phases of construction. This shall include a site plan and written methodology addressing the requirements of a large scale CMP. The plan shall include IJ Z Fugitive dust control A revegetation plan inclusive of the entire site — native grasses and any wetland species which are natural to this site and shall be used for revegetation A tree mitigation plan shall be submitted for the removal of any trees larger than six (6) inch DBH — v Noxious weeds should be managed before, during, and after construction y Water rights must be demonstrated submittal of the Earthmoving Permit Note: This site has 6 ponds. The proposal is to remove a +- 20 foot swath of vegetation (willows and wetland plants) from the downslope side /north side of each pond, then to put a rafted motorized sludge remover vacuuming device in each pond, one at a time. The motorized sludge remover will dredge the bottom of each pond, thereby creating a healthier pond environment for both fish and plants. The dredged material will be deposited in the areas where the vegetation was removed. This dredged material will create a stronger dam on the downslope /north side of each pond. • No chemicals shall be used in this process • The stronger dammed areas with dredge fill will be revegetated with native grasses • All wetland areas within this activity envelope shall be located, designated and shall be fenced with construction fencing for the entire duration of this project • A site visit will be required at the close of this project rM PITKIN C)UNTY COMMUNITY DEVELDMENT Permit Receipt RECEIPT NUMBER 00032931 Name: Newland Project Management Date:9/12/2012 Project Address: 9669 CASTLE CREEK RD Type: check #4749 Permit Number Fee Description 0090.2012.PLAN PP- Flat Fee 0090.2012.PLAN PP- Clerk Fee 0090.2012.PLAN PP- Planning Eng Referral Fee Total: Amount 1,248.00 25.00 624.00 1,897.00 N m 4 r l i O - IA K M v� v 6 N cn o c4 a cfl sa tr o 0 �I ae 0a 001 W 1 W 'di ®00 -MM 'Tl V w/. 'y •0{u•c 00.116 ll '1 101 ,w 80:6v: It 36 LTOC /m /OS 'LOY665 Y60eJ6D0tl miry ♦ -.A MM it