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HomeMy WebLinkAboutpitkin.planning.290918301001 (5)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 (I 1x17) ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE ASP PROPERTIES LLC MINOR AMENDMENT TO ACTIVITY ENVELOPE /SITE PLAN FOR A WATER DIVERSION Administrative Decision No.-1�11 -2013 RECITALS 1. Pursuant to Section 2- 20- 150(b) of the Land Use Code, Asp Property LLC ( "Applicant') has applied to the Community Development Director of Pitkin County, Colorado ( "Director ") to amend the Activity Envelope /Site Plan to include a water diversion from Castle Creek for an irrigation system and to record a sheet that was inadvertently omitted from the recorded Site Plan. 2. The property is located at 8475 Castle Creek Road, and described as Lot 1, Navratilova Lot Split. 3. The lot contains 100.2 acres and is a conforming size lot in the AR -10 zone district. 4. The Hearing Officer approved the Asp Properties LLC Activity Envelope and Site Plan Review, Special Review and GMQS Exemption for Barn Square Footage, TDR Receiver Site and Caretaker Dwelling Unit, pursuant to Determination No. 06 -2010. The approval contemplates construction of a new single family residence, barn and caretaker dwelling unit. The Determination was amended by Administrative Decision No. 20 -2011. The Site Plan was recorded in Plat Book 99 at Pages 46 -50. 5. The Director finds that the request complies with the applicable provisions of the Land Use Code ("Code "), as follows: A. A portion of the water diversion facilities will be within the 100 year floodplain of the Roaring Fork River. Sec. 7- 20 -40(c) of the Code permits structures for irrigation within the 100 year floodplain. B. The intake pipe for the pump station will extend below the high water line of Castle Creek and other water diversion facilities will be within the 50' setback from Castle Creek (as approved in Determination No. 06- 2010). Water diversion facilities are allowed within the riparian and wetland buffer along the creek, pursuant to Sec. 7- 20- 80(c)(2) of the Code. C. The water diversion will result in impacts to approximately 36 square feet of Castle Creek and 20 square feet of adjacent wetlands. The U.S. Army Corps of Engineers has authorized the proposed activity by Nationwide Permit 29 — Residential Developments, and Colorado Parks and Wildlife has provided recommendations for best management practices to protect the fishery resource in Castle Creek. 6. The Director further finds that the proposed amendments comply with the applicable provisions of the Land Use Code, and will not change the use of the proposed development or the basic character of the land, are consistent with action taken during the original review, do not increase off -site impacts or the allowable floor area, and will not endanger the public health, safety or welfare. THE DIRECTOR DOES HEREBY APPROVE the Asp Properties LLC Minor Amendment for a water diversion, subject to the following conditions, which shall run with the land and be binding on all successors in interest: RECEPTIONM 605520,11/14/2013 at 12:02:58 PM, 1 OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO Administrative Decision No.'Y[-2013 Page 2 All conditions of Hearing Officer Determination No. 06 -2010 and Administrative Decision No. 20- 2011 shall remain in full force and effect, except as amended herein. 2. Prior to submission of any future building or development permit applications affecting the area that is the subject of this Minor Amendment, the Applicant shall be required to submit for approval by the County Attorney and Community Development an amended Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. Building or development permit applications affecting only the areas addressed on the already recorded Site Plan are not subject to the limitations of this condition. 3. The Applicant shall submit an Earthmoving/Clearing/Grubbing Permit application for the water diversion facilities. The application shall include the following: A. The Army Corps permit. B. A site specific drainage, erosion and sedimentation control plan. C. A Construction Management Plan. D. A detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. E. Letter from an engineer addressing the development's affect, or lack thereof, on the one hundred year floodplain. F. A copy of the State Stormwater Permit, if more than one acre is disturbed by the work. 4. Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. 5. The Applicant shall comply with the following measures to mitigate impacts on the fishery resource in Castle Creek: A. In- channel construction shall occur between the dates of August 1 and September 30 to avoid disruption to trout spawning behavior and activity. B. Minimize the release of fine sediment by constructing a coffer dam, or appropriate screening mechanisms, to contain sediment generated from in- stream construction. Avoid flushing trapped sediment downstream during removal of the coffer dam upon project completion. C. Disinfect heavy equipment, hand tools, boots and any other equipment that was previously used in a river, stream, lake, pond or wetland prior to moving the equipment to another water body, based on the specifications provided by Colorado Parks and Wildlife. 6. The Applicant shall adhere to all material representations made in the application. Administrative Decision No.-3"'1-?013 Page 3 APPROVED by the Director, this -IJ171 day of jg (, 2013. -�w,, * � C A Cindy Hou n, ommunity Development Director P089 -13 P1D #290918301001 Om rn HAAS LAND PLANNING, LLC October 10, 2013 Pitkin County Community Development Ms. Suzanne Wolff, Senior Planner 130 South Galena Street Aspen, CO 81611 RE: Request for Minor Amendment to the Asp Properties Site Plan & Activity Envelope approved pursuant to Hearing Officer Determination No. 06 -2010 for Lot 1, Navratilova Lot Split (8475 Castle Creek Road) Dear Suzanne: Asp Properties, LLC (the "applicant" and owner of Lot 1, Navratilova Lot Split), is seeking a Minor Amendment to the approved and recorded Site Plan and Activity Envelope (Book 99, Pages 46 -50) for the subject property in order to record a sheet that was inadvertently omitted from the recorded plans and to include a water diversion from Castle Creek for an irrigation system. The address of the property is 8475 Castle Creek Road, and its Parcel Identification Number is 2909 - 183 -01 -001. This approximately 100.2 -acre property lies outside the Urban Growth Boundary (UGB), in Pitkin County's designated Rural Area, and it is located approximately 8.5 miles up Castle Creek Road. In July of 2010, the applicant applied to the Pitkin County Hearing Officer to obtain Site Plan Review and Activity Envelope approval to construct site improvements, a new single - family residence, a barn and a caretaker dwelling unit (CDU). The applicant also requested Special Review approval for a detached CDU and to establish the property as a TDR Receiver Site. Finally, the applicant requested GMQS exemptions to construct the CDU, to replace the existing residential floor area, to utilize TDR, and to construct the bam. The requested approvals were granted pursuant to Hearing Officer Determination No. 06- 2010. In 2011, prior to recording the Site Plan and Activity Envelope, the applicant requested some Minor Amendments to the plan as it became apparent that certain changes were needed. The changes proposed and approved pursuant to Administrative Decision No. 20 -2011 included the following: • Re -align the bridge closest to the main residence; • Move the fire truck turn- around closer to the house and within previously disturbed areas; • Relocate the septic systems for the main residence and for the CDU and barn; • Relocate the CDU; • Maintain the barn in the same location, but make it slightly smaller in size; and, • 201 N. MILL STREET, SUITE 108 • ASPEN. COLORADO • 61611 � ��HONE. (970) 925 -7819 FAX: (970) 925 -7395 000001 • Spread excavated spoils around the new barn and horse corrals, and re -grade and revegetate those areas. The Community Development Director (CDD) found that the amendments complied with all applicable provisions of the Land Use Code, did not change the use of the proposed development or the basic character of the land, were consistent with actions taken during the original review, did not increase off -site impacts or the allowable floor area and would not endanger the public health, safety or welfare. The CDD also found that the new location for the CDU was consistent with the criteria for development within the Scenic View Protection Area, and was further from the "blue" avalanche hazard area. All other conditions of Determination No. 06 -2010 were to remain in full force and effect. The applicant is now seeking a Minor Amendment to the approved Activity Envelope and Site Plan for two simple reasons: (1) of the six original plan sheets that were reviewed and approved, the applicant inadvertently omitted one from the set that got recorded (only 5 sheets were recorded in Book 99 at Pages 46 -50); and (2) it has since been determined that a water diversion from Castle Creek is needed for the irrigation system necessary to establish and maintain the previously approved landscaping. Coincidentally but conveniently. it happens that the irrigation pump will be installed on the part of the property covered by the plan sheet that was never recorded. In other words, the only thing new in this Minor Amendment is the water diversion pump for irrigation purposes, which is a permitted use in a floodplain area (Code Section 7- 2040(c)(3)) and an allowed exception to the general prohibition of development within the setbacks of River and Stream Corridors (Code Section 720- 80(c)(1)). Other than the pump itself and its associated improvements (i.e., electrical systems and buried pipelines), no new development is proposed or will occur outside of the previously approved Activity Envelope or its fifty (50) foot setback from the high water line of Castle Creek. The applicant has applied for and received a permit from the U.S. Army Corps of Engineers for the previously approved driveway realignment, as well as the proposed irrigation pump system. (Please see the Permit and supporting documentation attached as Exhibit 5.) Section 2- 20- 150(e) of the Pitkin County Land Use Code states that after the issuance of a development permit, a minor amendment to any development permit intended to change an element or condition of a development permit may be approved administratively, pursuant to the standards and criteria in Section 2- 30 -20. Section 2 -30 -20 of the Code provides that Minor Amendments to Development permits may be approved by administratively upon confirmation that the application meets the criteria of Section 2- 20- 150(b) of the Code. Said Section of the Code requires that the Community Development Director find that the request: (1) Is consistent with action(s) taken during previous development approvals for the property: and ;,0002 (2) Does not change the use of the proposed development between residential, commercial and tourist accommodation uses; and (3) Does not change the basic character of the approved use of land on which the activity occurs, including basic visual appearance and method of operation; and (d) Does not constitute a new land development activity; and (5) Does not increase off-site impacts in the surrounding neighborhood; and (6) Does not endanger the public health, safety or welfare; and (7) Does not violate any Land Use Code standard; and (8) Does not substantially increase the need for on -site parking or utilities, or affect affordable ho using generation; and (9) Does not increase the floor area of the use by more than five (5) percent or decrease the open space on the site by more than five (5) percent. The proposed amendment to the previously approved Site Plan is consistent with the actions taken by the Hearing Officer. The use of the property/development will remain residential. The proposed change does not alter the basic character of the approved use of land, including the basic visual appearance or method of operation, nor does it constitute a new land development activity. The change proposed does not increase off -site impacts in the surrounding neighborhood, does not endanger the public health, safety or welfare, and does not violate any Land Use Code standard. Furthermore, the proposed change does not increase the need for on -site parking or utilities, does not affect affordable housing generation, and does not increase the floor area of the use or decrease the open space on the site at all, much less by more than five percent. Although the proposed minor amendment requires development within the 50 foot setback from the high water line of Castle Creek, as mentioned above, Section 7-20 - 80(c)(1) of the Code specifically provides an exception to the setback rule for irrigation devices and water diversion facilities so long as there is no feasible alternative location and any adverse impacts will be adequately mitigated pursuant to the mitigation standards of subsection (d). In this instance and given that the pump is for purposes of diverting water from the creek, any alternative location will still be within the creek itself and, therefore, within fifty feet of the high water line. Furthermore, the applicant has already applied for and received a permit from the U.S. Army Corps of Engineers for the proposed irrigation device and has received specific recommendations from Colorado Parks & Wildlife on how to best mitigate any adverse impacts. In addition, with regard to development in a floodplain area, Section 7- 20- 40(c)(3) of the Code provides that structures for irrigation or water diversion are a permitted use upon approval of the plans and specifications by the County Engineer and Community Development Director. These approvals from the County Engineer and the CDD are implicit in the Minor Amendment request now being made, and it is expected that the County Engineer and CDD will defer to the recommendations of the Army Corps and Colorado Parks & Wildlife with regard to the plans and specifications for the irrigation pump diversion and associated impact mitigation needs. 000003 3 The proposed change to the Asp Properties Site Plan is consistent with all of the criteria of Section 2- 20- 150(b) of the Code, as well as with the requirements of Code Sections 7- 20-80 and 7- 20 -40. As such, on behalf of the applicant, it is respectfully requested that approval of the minor amendment to the development permit be granted to allow the applicant to make the proposed change to the Site Plan in the manner described herein and as illustrated on the accompanying Site Plan and Activity Envelope sheets. If I can be of further assistance in any way, or if you should have any questions, please do not hesitate to contact me. You can reach me at (970) 925 -7819, or by email at mitch2hlpaspen.com. Yours truly, Haas Land Planning, LLC Mitch Haas Owner/Manager Attachments • Asp Properties Site Plan & Activity Envelope -Minor Amendment (2 sheets) Exhibits: 1. Proof of Ownership 2. Pre - application Conference Summary 3. Authorization Letter 4. Prior Approvals (Hearing Officer Determination No. 06 -2010 and Administrative Decision No. 20 -2011) 5. U.S. Army Corps of Engineers Permit and Supporting Documentation 6. Fee Agreement ` U004 ( ti 1 1 1 ASP PROPERTIES SITE PLAN & ACTIVITY ENVELOPE - MINOR AMENDMENT (LOT 1, NAVRATILOVA LOT SPLIT; PID # 290918301001) PURPOSE: To record a sheet that was inadvertently omited from the Asp Properties Site Plan & Activity Envelope recorded in Book 99 at Pages 46 -50, and to amend the omitted sheet so as to accommodate development of a water diversion for irrigation, as approved via Minor Amendment pursuant to Administrative Decision No. nq Al Property Lin �- Ca C'e Creek Road VIDIDIty Map nts ker PTOpErtY Line I n; Area of this Minor Amendment (see detail on sheet 2 hereof) F: 010 310 ZMw%� 610 910 1210E SCALE: I "- 300' -0" i U) 0 0 0 0 n. d N 2 0 co `o 0 U C 0 Q U) El M75 CasNe creek ABpen, Colaatlo ~° oaanB.T.m13 1 of 2 Nr.axovnaalss TNnr NUS�E NAS �YN MiOPNAM Pnvx Gvxnn nE exmeu� w exvmonnmuru lavao lxrns Tw9 xiart nrr. -cr mE Pmeene em Mamm�v�1� uo rxE ug wm a¢wYr.'r TxeaeoPTxE mwTSiaxsormB Prtux cwxry xBauTnxsooxorin Pnr war nB:vBECw Mn NPAGAE9 WIL1 Q4PPX1EI THE SVET 'OEPXIMOPIXIY. owYai BAre PFWN WLNTY COMMUNITY DEVELOPMENT DIRECTOR iNB MWW� MT1 MCPERTIE99RE PL I IVIW EM'ELOPE. ABA W BCGK�RPA[E49BC0, NAS BEEN PNIEIYE9 M`OMPROVED BY TIEQI'p9MRr L<YFIOFY$ITOIRECTOROFP,. MY iNB_MYM .}ll1]. PIIRBLLWiTO.I➢MINI9TWTNF �C191G1 NO. W IBLIECdNEO M19RELFPIION Iq MiXEPRxIHGX1Nl IV QERxNp RECgROER5OG41 [E GNOVIpYBEN.OMECfOR MTE OLERNa REOORDERSACCEPTANCE t W9YIWx.V}ENCMBRIO L1EA9P WbFME59ffERIII IKTVR\'FNVELOPE PIAN XPS BEEIIALCVIEO WR Pl1NG W iNE OPr10E Gf TIE AFAMMN PECOf®FRK PITRW N{MIY C0.gUpOIX11p9 WLY6�M19MP1Ai BOG( AT PµiE6 .ABIECEVECN xO NPUE wre _ 1111 53B634 EXHIBIT IIIIIVIIIIII VIII 11111111111111111111111 IDY GOI 111111111 A06/06/2607 0 004 09 WARRANTY DFED THIS DFED' d d J -�J%` 2007 d i d I R& 7 TB .. is ate one . an is ma a ter een LAND INVESTORS, L.P, a California limited pnnneahip, (he " Gramor," and ASP 1•ROI'Clt'1 -I P:S, LLC. A California limited liability company. the "Grantee,- whose legal address is 5241 ArnuW Avenue, McClellan, California 9565'. WITNESS, that the Grantor. For and in consideration of the sum of TEN DOL1 ARS, ($10.00), the reccipl and sulfcicmy of which is hereby acknowledged, hereby granis. liorgains, sells, conveys and confirms unto Ibc Grantee and 14c Grantees heirs and assigns forever, all the real property, together with any ingzvvemenls thereon. locmed in The County of Piikin and Slate of Colorado. described As follows: Lot 1. Navratilova 1 of Split according to the plat thereof recorded in Plat Ronk 24 at Page 12. .I,. known by street address us: 3-175 Castle Cmck Road. Aspen. Colondu 31611 and asscssnr s schedule or parcel numixr: 290913301001 TOGETHER with all and singular the hcreditamcnis and appurtenances thereunto belonging. or in anywive appertaining. the reversions, remainders, rents, issues and profits thereof, and all the estate. riglna tilic. interest, claim and demand whatsrxvcr of the Grantor, either in law or equity, or. in and to the above bargained premises, wilt the herednmuems and appurtenances: TO HAVE AND TO HOLD (he said premises above bnrgained and dcscdbat with the appuncnanccs. unto the Grantcc:md the Granlce's heirs and cosigns forever 1 he Grantor. for itself and its successors, does covenant, grant bargain, and agree In and with the Grantee, and the Grantees heirs and Assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of (be prcroses above described: has good, sure. perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right. full power and Imvibl mabnrily to grant, bargain, sell and convey [Ile same in rnnnncr and form as aforesaid: and that The van . arc free and dear from all former and other grunts, bargains. sales, liens, Lace. Assessments. encumbrances met reslriebrms or whalesvr kind or nature sucver, Crecpt And subjcd to: ❑ none; or O Ilic rollowing m3I1CrS: ]]lose items set blob on Exhibit "A' Allached heren and ntcorpnra:ted herein by reference And Ibc Grantor shall And will WARRANT AND FOREVER DEFEND the above deseribed premises, lbul unt nm• Adjoining rucured .nrew nr rJlef, if any, in the quiet and peaceable possession ofthc Oranlec and the heirs and assigns of the Grantee, against all and every person Or persons claiming the whole or any pan thereof. IN WITNESS WHERFOF, Ibc Granlur has cmteed its parmenhip name to be hereunto subset'ibed by i15 geueml partner on the dale set forth above. GRAN 1 Olt. H & Z 7'D LAND INVESTORS. L.P. A California bmitcd pnrtncr-.hip 11y: R & 7 INVESTMENTS. LLC. A'C'ahfomiq limited liability company Zarbuchen, As co- irnstee of the 7..urbrrchrn Family Trost �emenl dated October 27, 1999. as a Member of Ibc General Partner STA1 E OF CA LWORNIA t 1 Ss. Coamy of -AP,0 k,r {� I :4 the (nregoing instrument was acknou'ledezd before me this Jay of 1� • • t. __ _ _ ,0117, by James Aa. Zudnrchen. as ro -unmee of the 7urbucben homily frost as a member Of the Gcncral Partner of the drool.,, on behalf of the p. il, ship. Witness my hand and official seal Mycommissimrespims 7:;_•��,T.'( .:u ,. ANQuA RAF rAiII41111111 Notary Public _ Conun4Mar i 14"M laotrsy Ppa -cdbnb Suamrnrlro Ceu1/ hffrCann.FmlMJOn24. �n aac. Ito'. 10 -05. yy, \NRAKry RF.FD (rrwma Parrnrrsinipl IPaeci nd2) 60G. 0 0 3 \ � } � \® \\ \ \\ )\ \ \ \ \ 5wi rlEL. Z I \\ \\ 5 p ri Q. V) C) lj� > 2- n z 1p 60G. 0 0 3 \ � } � \® \\ \ \\ )\ \ \ \ \ 5wi rlEL. Z I \\ \\ EXHIBIT EXHIBIT "A" {{ffjj 1111 1I111IjjVVIIII f {Ij {I 111 538634 page: 3 Of III��.0 @6/05/2007 0 ,W,41 CE K V I Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records_ 3. Discrepancies, conflicts in boundary lines, shortare in area, encroachments, and any facis'which a correct sur+ev and inspection of the premisr_s would disc[oe and which are not shown by the public records. -1 Any lien, or right to a lien. for sar.•ices. labor IT material theret"fore or hereafter rurnisbed. Imposed by I.nv id not shotsn by the public records. 5- Defecis, liens, encumbrances. adverse pawns nr other matters. it any. '-rented, first appeanns, in the public reve"IN or arliching suhsequrnl to the elTective date hereof but prior iu the dale the pirgposed insured srgnires it rec,ud for value the estate or Interest or - rtoriga_'ra ihercnn covered by this Commtimert. ,,,,. "'i., t .dh,- :\nv unpaid lases or Lissemmeuts apinst ,aid land. .3 Liens For unpaid water and se'N', cbar;;,'S. if ,utv. 't- RIGHT OF THE PROPRIETOR OF A't� Llid fill 1_C1Uc "1') I;: {'1 3-i f OR I'F ?.ICP >'F. HIS OIL: I NFR FRONT, SF.OULD THE SAi';IE BE _OCND TO PENEECRATE OR IN- I- ERSECT THE I IEREB`r" (;RANTED: \S RRSFRVED IN 1'N[TED STATES PATENT RECORDED A LY :3. i:i. ".•d IN BOOK 39 AT PAGE l31 tis.IIR1GE PL.zCER) AND .IPRII, :.I. !S'.IS IN BOOK .i!1.1f ['AGE 130 0-10NIE PLACER! 10. EAS@hIENT AS GRAPTYED ro HOLY CROSS ELECTRIC ASSOCIATiON. INC. BY INSTRUMENT RECORDED' OVERfP'ER 11. 1 79 IN ROOK 579 AT PAGE 3; d. it- TERMS, CPNDiTIONS. PRMISIONS, AND ALL YL4TTE•RS AS SET FORTH IN RESOLUTION OF TI-1k BOARD Of- COI:hITY CONiNESSR)NERS OF PITKIN COUNTY RECORDED JtINF 12. 1939 I\' BOOK 591 AT PAGIi. 690 AS RESOLUTION NO- R0 -5Z 12- TER-NIS, CONDITIONS. PROVISIONS, OBLIGATIONS, AND ALL MATTERS AS SET FORTH IN RESOLUTION OF THE PITKLN COUNTY Pi_01NING ANT) ZONING COMNOSSION RECORDED JUNE U, 19991N BOOK 594 AT PAGE 798 AS RESOLUTION NO. E0 -25 13. EASEMENTS, ROADS, BUI[LDiNG ENVELOPES AND OTHER MATTERS AS SET FORTH IN 1441 REVIEW SITE PLAN, RECORDED IN PLAT BOOK Zi AT PAGE 12. MOD q' 1IIIIII ����II IIIIIIII I IIIIII VIIIIII IIIIIIII III Page: 6 07 04'09 ;ANICE K VOS MiDILL D3*KIPI MMTY CO R 26.00 0 0.00 I4. TERYIS. CONDITIONS, PROVISIONS, OBLIGATIONS, AND ALL MATTERS AS .SET FORTH IN RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FO PITKIN COUNTY. COLORADO RECORDED APRIL 12. M90 IN BOOK 613 AT PACE I IS AS RESOLUTION NO- .10-32 15. TERMS, CONDITIONS AND PROVISIONS OF TRAIL EASCMENT AGREEMENT RECORDED APRIL 12. 1330 IN BOOK GIS AT RAGE 123. 16. TERMS. CONDITIONS AND PROVISIONS OF RE OLI!TION W -209 GRANTING APPROVAL FOR AN EMPLOYEE DWFLUNG UNIT RECORDED WLY 01, 1992 IN BOOK 1182 AT VY(,U ?53 i7. TrR }:IS, CONDITIONS AND PROVISIONS OF OCCUPANCY ULED RESTRICTION AND AGREEMENT FOR FMPLOYLE DWELLING UNIT RECORDED AL GUS 1- 06. ;99 °_ IN BOOK. GY A F PAGE- [:86 1.4 TERMS. CON'DITIOPJS, PROVISIONS. OBLIGATIJ'Xl.S..AND ALL MATT RS AS SET FORTH IN RFSOLI;TIf}N OF I "Fi I: BOARD OF COUNTY CCAlh11S:;](iNPI{ QI: T`171 Q?; COlin 1T } COLOR Ai)D RL•CORDLD ,AFRIL 7. 1793 IN BOOK %118 AI PA6L I; I .AS RESOT UTIO:N NO 19. FFAVOS. AGREEiMENTS. PROVISIONS. CONDITIONS. Affil) OBLIGATIONS i;F WFLL PLr,%IIT AVI'-WATION {DENIED) RECORDED JUNE "i. 1! ?9:i IN HOOK 714 AT PACE 'wi 20. TERMS. CONDITIONS. PROVISIONS- AND OBLIGATIONS AS SET FORTH IN AsMG.NXIENT RECORDED JUNE 7. 1793 IN BOOK 711 AT PAGE 268 21. TVRMS, AGREEMENTS, PROVISIONS, CONDITIONS, AND OBLIGATIONS OF 'MEMO RANDUiv1 OF CONSTRUCTION CONTRACT RECORDED JUNE 3. 1994 IN BOOK 752 AT ['AGE 7.21 UNDER RECEPTION NO. 370676 22. TEMS. AGREEMENTS, PROVISIONS, CONDITIONS- AND OBLIGATIONS OF TRENCH. CONDC)1T AND VAULT AGREEMENT RECORDED SEPTEMBER 20, 1994 IN BOOK 7GI AT PAGE 805 UNDER RECEPTION NO. 374374 23. TIERNIS, AGREEMENTS, PROVISIONS, CONDITIONS, AND OBLIGATIONS OF HOLY CROSS 000010 I 538634 Page! 5 of 5 05/06/2007 04:09 I�,�I�I X V05 CPMILL ��IIItrI��� COUW� CO R Z8.00 D 0.00 ELECTRIC ASSOCIATION, INC.. UNDERGROUND RIGHT OF WAY EASEXIENT RECORDED DECEMBER 12, 1994 IN BOOK 799 AT PACE t92 UNDER RECEPTION NO. 377105 EASEMENTS AND RIGHTS OF WAY FOR THE UN-IflITERUPTFD FLOW OF CASTLE CRFER- wZ5. ANY BOUNDARY DISCREPANCY DI)FTO THE LOCNNON OF FENCE LINES AND THE EFFECT OF ANY" RIGHT, i,i,rLr OR INTEREST THAT MA T'BE CLAIMED DUE TO ANY 'a", ID DISCRFPAN(-1 21 000011 State of California Secretary of State I, DEBRA BOWEN, Secretary of State of the State of California, hereby certify: That the attached transcript of 1 page(s) has been compared with the record on file in this office, of which it purports to be a copy, and that it is full, true and correct. ,seltate Form CE -107 (REV 112007) 000012 IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this day of MAR 2 2 2007 In f,- DEBRA BOWEN Secretary of State osva ss 114426.1 009013 209708110216 . 6 yer..' i,♦ File# State of California Secretary of State ENDORSED - FILED LIMITED LIABILITY COMPANY In the office of the Secretaryofstate of the State of call fixnta ARTICLES OF ORGANIZATION MAR 2i 2 2007 This Space For Filing use only A $70.00 fling fee must accompany this form. IMPORTANT — Read instructions before completing this form. ENTITY NAME (End the name with the words "Limited Liability Company," "Lld. Liability Co.," or the abbreviations "U-C" or "L.LC. ") 1. NAME OF LIMITED LIABILITY COMPANY Asp Properties, LLC PURPOSE (The following statement is required by statute and may not be altered.) 2. THE PURPOSE OF THE LIMITED LIABILITY COMPANY IS TO ENGAGE IN ANY LAWFUL ACT OR ACTIVITY FOR WHICH A LIMITED LIABILITY COMPANY MAY BE ORGANIZED UNDER THE BEVERLY - KILLEA LIMITED LIABILITY COMPANY ACT. INITIAL AGENT FOR SERVICE OF PROCESS (if the agent is an Individual, the agent must reside in California and both Items 3 and 4 must be completed. If the agent is a corporation, the agent must have on file with the California Secretary of State a certificate pursuant to Corporations Code section 1505 and Item 3 must be completed (leave Item 4 blank). 3. NAME OF INITIAL AGENT FOR SERVICE OF PROCESS Charles Somers 4. IF AN INDIVIDUAL, ADDRESS OF INITIAL AGENT FOR SERVICE OF PROCESS IN CALIFORNIA CITY STATE ZIP CODE 5241 Arnold Avenue McClellan 95652 CA MANAGEMENT (Check only one) 5. THE LIMITED LIABILITY COMPANY WILL BE MANAGED BY: Z ONE MANAGER ❑ MORE THAN ONE MANAGER ❑ ALL LIMITED LIABILITY COMPANY MEMBER(S) ADDITIONAL INFORMATION 6. ADDITIONAL INFORMATION SET FORTH ON THE ATTACHED PAGES, IF ANY, IS INCORPORATED HEREIN BY THIS REFERENCE AND MADE APART OF THIS CERTIFICATE EXECUTION 7. ]DECLARE I AM THE PERSON WHO EXECUTED THIS INSTRUMENT. WHICH EXECUTION IS MY ACT AND DEED. 3 r Z< <0-7 SIGNATUREV ORGANIZER DATE Jahn E. Di Giusto TYPE OR PRINT NAME OF ORGANIZER &AGE QF,, RETURN TO (Enter the name and the address of the person or firm to whom a copy of the filed document shouijbeffW B. NAME rJohn E. Di Giusto, Esq. W—�w FIRM Boutin Dentino Gibson Di Giusto Hodell Inc. ADDRESS 555 Capitol Mall, Suite 1500 clTYisTATE2IP LSacramento, CA 95814 LLC -1 CREVOU2 005 APPROVED BY SECRETARY OF STATE 114426.1 009013 PITKIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY PLANNER: Suzanne Wo' PHONE: (970) 920 -5093 DATE: 1 E -MAIL: LOCATION: 8475 Castle Creek Road; Lot 1, Navratilova Lot Split ZONING /LOT SIZE: AR -10; 100.2 acres PID# 290918301001 APPLICANT: Asp Properties LLC REPRESENTATIVE: Mitch Haas EMAIL: mitch@hlpaspen.com Type of Application: Minor Amendment EXHIBIT Description of Project/Development: Applicant is requesting to amend the activity envelope and site plan to include a water diversion from Castle Creek for the irrigation system. Land Use Code Sections to Address: • 2- 20- 150(b): Minor Amendment to Development Permit • 7- 20- 40(c)(3), Floodplain • 7- 20- 80(c)(1), River and Stream Corridors and Wetlands Review by: Community Development Director Public Hearing: NO FEES: $936 (make check payable to " Pitkin County Treasurer ") • $936 Planning flat fee (non - refundable; based on 3 hours of staff time; if staff review time exceeds 3.6 hours, the Applicant will be charged for additional time in excess of 3 hours at a rate of $312 /hour) To apply, submit 1 copy of the following information, unless noted otherwise: 1. Summary letter explaining the request, summarizing prior approvals and addressing compliance with the Code sections listed above. 2. 24" by 36" and 11" x 17" Amended Site Plan as designated in Section 2.1.12 of the Pitkin County Land Use Application Manual; 3. Army Corps permit and supporting documentation 4. Disclosure 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. 5. Street address and parcel description, including legal description, and 8 -1/2 "x 11" vicinity map locating the subject property within Pitkin County; 6. Total fee for review of the application 7. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees (form attached); 8. Consent from owner(s) to process application and authorizing the representative (1 copy) 9. Copy of this preapp form (1 copy) NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE -SIDED COPIES OF YOUR COMPLETE APPLICATION. Other copies may be two - sided. ➢ INCLUDE THE PARCEL ID NUMBER ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION. ➢ This pre- application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 000014 ( ' I ! I n ( , , I I I ( „]11111 LII I `•11 ti t ,dlon,I titl.•rt \�htn.l t +tilt�ll -I`� I:I I „ t I .1', r,it II,n .t I „I It II;,( ,4. 2I. I'.I,t,' 12 I (.1 k a S t rco IaL j I'll l r 't)I)" -I'I 1I _Il II ) — \ttltll, •Itl„n t, l '\In 1, I \ II II d 111t•IIt tlt do 1„ 1%h:tulltnlal tomcrr I( I It I tit I ut I hc .r. 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R1,1 '.0 1 k,tiI I'.,,Il,' rI.1,+ I I I n I1 \r•L,LI \%cia • 1It1-114•.11ILI i .\ W " I 000,015 PID# 2909 - 183 -01 -001 EXHIBIT RECEPTION#: 577495,02/08/2011 at 12:05:29 PM, 1 OF 8, R $0.00 Doc Code DETERMINATION EXHIBIT Janice K. Vos Caudill, Pitkin County, CO DETERMINATION OF THE HEARING OFFICER OF THE COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE ASP PROPERTIES, LLC ACTIVITY ENVELOPE AND SITE PLAN REVIEW, SPECIAL REVIEW AND GMQS EXEMPTION FOR BARN SQUARE FOOTAGE, TDR RECEIVER SITE AND CARETAKER DWELLING UNIT Determination No. L -2010 RECITALS 1) Asp Properties, LLC (hereafter "Applicant ") has applied to the Pitkin County Hearing Officer (hereafter "Hearing Officer ") to obtain Site Plan approval to construct a new single - family residence, barn and caretaker dwelling unit. The Applicant is requesting special review approval and GMQS exemption to utilize three TDRs to develop up to a total of 15,000 square feet of floor area. The Applicant is also requesting special review approval and GMQS exemption to construct a caretaker dwelling unit, and GMQS exemptions to replace the existing residential floor area and to construct a barn. The parcel is within a designated scenic view protection area as seen from Castle Creek Road. 2) The property is located at 8475 Castle Creek Road, and described as Lot 1, Navratilova Lot Split. 3) The lot contains 100.2 acres and is a conforming size lot in the AR -10 zone district. 4) The BOCC approved the Navratilova Lot Split in 1990; the final plat was recorded in Plat Book 24 at Page 12. Building envelopes were established at that time on Lot I for the "main residence" and the "barn and employee housing." An Employee Dwelling Unit was approved, pursuant to BOCC Resolution No. 42-209; the deed restriction is recorded in Book 685 at Page 586. The Certificate of Occupancy for the existing residence was issued on May 11. 1995. 5) The Hearing Officer granted approvals for activity envelopes and site plan review, special review and GMQS exemptions for a TDR receiver site for two TDRs and a caretaker dwelling unit. and a minor plat amendment, pursuant to Determination No. 19 -2007. The approval contemplated expansion of the existing residence and future construction of a new barn and CDU (activity envelope approval only for the barn and CDU). The existing floor area was calculated at 9,828 square feet, including the existing residence and employee dwelling unit: approval was granted to utilize two TDRs for up to 14,828 square feet. The amended plat, site plan and activity envelope plan have not been recorded. The vested rights expired on September 18, 2010. 6) The Hearing Officer heard this application at duly noticed public hearings on September 28, October 5 and 28, and November I 1 and 18, 2010, at which times evidence and testimony were presented with respect to this application. 7) The Hearing Officer finds that the Activity Envelopes for the main residence and for the barn and caretaker dwelling unit avoid the 100 year floodplain and avalanche hazard areas; and that the envelopes are primarily comprised of slopes of less than 30% and the small areas of slopes in excess of 30% qualify as minor slope anomalies pursuant to Sec. 7- 20- 20(c)(3) of the Code. The activity envelope for the barn and caretaker dwelling unit complies with the 100' stream setback from Castle, Sandy 000016 Determination No. a-20 10 Page 2 and Sawyer Creeks. The activity envelope for the main residence does not comply with the 100' setback from Castle Creek; this is permitted pursuant to Sec. 7- 20- 80(c)(3) of the Code, which provides an exception to the setback for development on lots in County approved subdivisions with designated building or development envelopes — this lot complies. 8) The Hearing Officer further finds the activity envelopes for the main residence and the barn and caretaker dwelling unit are within two separate alluvial fans on the property, and that development within the alluvial fans is allowed, pursuant to Sec. 7- 20 -50(d) of the Code. since there is not an adequate area on the property that is not affected by constraints. The Hearing Officer further finds that it is appropriate and consistent with the Code to allow replacement of the existing residence in the same location, since the alluvial fan hazard can be mitigated, in order to minimize new site disturbance by utilizing the previously disturbed area. 9) The Hearing Officer further finds that the proposed development is consistent with the criteria for development within the Scenic View Protection Area. The main residence is substantially screened from view from Castle Creek Road by the existing vegetation. The caretaker unit and barn will be more visible, but the impacts will be mitigated by breaking up the mass of the structures and utilizing natural materials and coloring. 10) The Hearing Officer further finds that the use of three TDRs on the site is appropriate, given the limited visual impact as seen from Castle Creek Road and compliance with the other special review criteria. The Hearing Officer finds that the use of the third TDR is appropriate, pursuant to Sec. 2-30 - 30(h) of the Code, given that it will provide only 172 square feet of additional floor area in order to develop the maximum allowable floor area of 15,000 square feet, and the Applicant has agreed to forgo the additional 3,000 square feet of barn space that would otherwise be permitted by the replacement provisions of the Code and would necessarily be developed in a constrained area. 11) The Hearing Officer further finds that the proposed caretaker dwelling unit complies with the applicable provisions of the Code. NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby approve the Asp Properties LLC Activity Envelope and Site Plan Review, Special Review and GMQS Exemption for TDR Receiver Site, Caretaker Dwelling Unit, and Barn square footage, subject to the following conditions, which shall run with the land and be binding on all successors in interest: The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. The Applicant shall comply with all standards for development within Scenic View Protection Areas as represented in the application and approved in this Determination. The exterior of the structures shall utilize indigenous earth tone materials or colors and the roofs shall have a non - reflective color or composition. Reflective roof materials shall not he used unless the materials are treated prior to installation to eliminate reflectivity, with the exception of materials associated with solar or photovoltaic equipment. Samples of exterior materials shall be reviewed and approved by Community Development prior to building permit application. Driveway lighting is prohibited and all other lighting shall comply with the lighting code. 000017 Determination No. LV-3010 Page 3 3. Prior to submission of the Site Plan for approval and recordation, the Colorado Geological Survey ( "CGS ") shall submit written comments to the Community Development Department, in which the CGS agrees with the Applicant's assessment of the geologic hazards that affect the site and the Applicant's proposed mitigation of those hazards. If the mitigation recommendations from the CGS result in substantial amendments to the Site Plan, the Hearing Officer shall review and approve the amended Site Plan at a public meeting. 4. Prior to submission of and future building permit applications for the main residence, barn or caretaker dwelling unit, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. Concurrently, the Applicant shall submit for approval by the County Attorney and Community Development an amended plat for Lot 1. The parcel is exempt from Growth Management for up to 9,828 square feet of floor area and 5,811 square feet for a bam(s). At building permit application for the new residence, the Applicant shall surrender three TDR Certificates and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop up to 15,000 square feet of floor area. The existing barn square footage (approximately 3,000 square feet) shall not be replaced. Up to 3,000 square feet of the new barn may have a height of up to 23'6" as measured pursuant to the Code; the remainder of the 2,811 square feet shall be limited to the 20' accessory height limit (unless amended). 6. The Applicant shall submit an earthmoving permit for the improvement of existing or the addition of new ponds, for review and approval by the Planning Engineer. Verification of adequate water rights shall be provided. If any of the ponds are to be stocked with fish, the Applicant shall obtain a private lake license and stocking permit from the DOW. Ponds can only be stocked with certified whirling disease free fish. 7. Prior to issuance of building permits for the main residence, barn and caretaker dwelling unit, the Applicant shall: A. Provide proof of an adequate water supply (in terms of quantity and availability) for domestic and fire protection purposes, and for irrigation purposes, if applicable. The water supply shall be demonstrated to be adequate for two dwelling units. B. Submit engineered drawings of any debris flow protection structures required pursuant to condition #3 above. An engineer shall approve the as -built condition of the walls, prior to issuance of a Certificate of Occupancy for the residence. C. Submit a site specific soils and foundation investigation. D. Complete a fireplace/woodstove registration form with the Community Development Department, if necessary. E. Obtain a County access /driveway permit acceptable to the Aspen Fire Protection District and County Engineer for any major improvements to the access road and/or new driveways. All bridges and culverts shall be designed for emergency vehicle loading. The Applicant shall provide adequate engineering for all replacement and /or repair work to be done to the existing bridge over Castle Creek. A Pitkin County Floodplain Development Permit may be required for the bridge work. F. Submit a drainage and erosion control plan for review and approval by the Planning Engineer. If the total development disturbs one (1) acre or more, the Applicant shall apply for and obtain a State Stormwater Permit. All historic and natural drainage patterns shall be maintained. Stormwater shall 1111 Determinalion No. L -3010 Page 4 be detained onsite and allow infiltration of runoff prior to discharge. The plan shall demonstrate that existing drainages to Castle Creek will be maintained, and shall clearly depict all pond inlet and outlet locations. G. Submit a construction management plan for review and approval by the Planning Engineer. H. Pay the applicable road and employee housing impact fees. 1. Obtain a permit for expansion or replacement of the septic system (if required). The system must be designed by a registered professional engineer. J. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes. The plan shall address the reclamation of the old barn/EDU site after demolition. 8. Landscaping shall be substantially consistent with the landscaping shown on the site plan. Areas disturbed by construction shall be re- vegetated within one growing season of the project's completion. Landscaping shall be completed prior to issuance of the Certificate of Occupancy for the main residence. The plan shall specify the trees to be removed. The plan shall specify the native seed mix to be used, the rate at which it will be applied and the method of cover. 9. No development in excess of 30" above or below natural grade shall occur within the setbacks of the lot, with the exception of driveways and associated retaining walls of up to 6' above or below natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the most restrictive grade. Any development located within setbacks mandated by County zoning regulations that does not comply with these restrictions shall require a variance from the Board of Adjustment. Approval of an activity envelope within such setbacks does not assure approval of a variance. 10. The area behind the debris flow protection walls must be kept clean of debris to maintain the wall heights and preserve the effectiveness of the walls. 11. The Applicant shall comply with the following standards for Development in a Moderate Wildfire Hazard Area: A. Defensible Space: The area around all buildings/structures, limited by property boundaries that may limit a property owner's ability to comply with this section, shall incorporate landscaping with wildfire defensible space considerations as follows (note: actual vegetation manipulation to meet these conditions may not be necessary where the natural vegetation patterns have already fulfilled these conditions): 1) No new conifers shall be planted within thirty (30) feet of the residence. Existing conifers may remain. 2) Brush, debris and non - ornamental vegetation shall be removed within a minimum ten (10) foot perimeter around all structures. 3) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty (30) foot perimeter around the structures. 4) Spacing between clumps of brush and vegetation up to the thirty (30) foot perimeter shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be equal to the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. 5) All branches from trees and brush within the thirty (30) foot perimeter shall be pruned to a height of ten (10) feet above the ground with removal of ladder fuels from around trees and brush. This does not apply to aspen trees. 6) Tree crown separation within the thirty (30) foot perimeters shall have a minimum of ten (10) feet between the edges of the crowns, except for mature stands of aspen trees where ladder 000019 Determination No. LO -2010 Page 5 fuels have been removed. In areas of aspen regeneration, understory shrubs and down and dead materials shall be removed. 7) All branches that extend over the roof eaves shall be trimmed and all branches within fifteen 05) feet of chimneys shall be removed. 8) The density of fuels up to a one hundred (100) foot perimeter of the structures shall be reduced where natural reduction has not already occurred. 9) All deadfall within 60' of the residence shall be removed. 10) No new conifer trees shall be planted within ten (10) feet of a residence. 1 1) No flammable mulches shall be placed within two (2) feet of a residence. 12) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. B. Roofing: Class A covering or Class A Assembly as defined by the currently adopted Building Code. No wood shakes or shingles. Roofs with less than a 3:12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be constructed of non - combustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing roof debris. 3) Protrusions above the roofline. such as parapets, shall be prohibited. 4) Roofs shall be installed as required by the adopted Building Code and shall have a minimum pitch of 1:48. 5) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submittal of a building permit application. C. Water Supply for Fire Safety I) When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by the Community Development Department and the Aspen Fire Protection District. 2) Individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a fire department approved mechanism (such as a fire hydrant). The lot shall have a minimum 20.000 gallon water storage tank (or alternative approved by the Fire District). 3) In -house sprinkler systems that meet the standards of the AFPD and the adopted Building Code shall be installed in all new buildings. D. Maintenance and Miscellaneous Requirements I ) Roofs and gutters shall be kept clear of debris. 2) Roof vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth ('/.) inch maximum. 3) Any outbuilding shall adhere to the same wildfire requirements. 4) Yards shall be kept clear of all litter, slash and flammable debris. 5) All flammable materials shall be stored on a parallel contour a minimum of fifteen (15) feet away from any structure. 6) Weeds and grasses within the ten (10) foot perimeter shall be maintained to a height not more than six (6) inches. 000020 Determination No. L9-2010 Page b 7) Firewood /wood piles shall be stacked on a parallel contour a minimum of fifteen (15) feet away from the structure. 8) Swimming pools and ponds shall be accessible by the local fire district. 9) Fences shall be kept clear of brush and debris. 10) Wood fences shall not connect to other structures. 11) Fuel tanks shall be installed underground with an approved container. 12) Propane tanks shall be buried, if possible, or installed according to NFPA 58 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any aboveground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire- resistive construction on the exterior side of the walls. 13) Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. 14) Addresses shall be clearly marked with two (2) inch non - combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non - combustible post. 12. The Applicant shall comply with the following conditions regarding wildlife: A. Dogs shall be kenneled within 50' of the residential buildings or leashed under human supervision at all times. Contractors shall be prohibited from bringing their dogs on -site. B. Manipulation of vegetation outside of the Activity Envelopes is prohibited unless necessary to comply with the wildfire mitigation requirements enumerated above. Landscaping shall be limited to the designated Activity Envelopes. C. New fences shall comply with the following: 1) Mesh or woven wire fences are prohibited. 2) Wood rail fencing shall employ three (3) rails or less, be the round or split rail type, shall not exceed fifty -four (54) inches in height above ground level, and twelve (12) inches in width (top view), and shall have at least eighteen (18) inches between the lower two (2) rails. 3) Wire fencing must be three (3) strands or less. The top wire should be a twelve - point -five (12.5) gauge twisted barbless type at a maximum height of forty-two (42) inches. The middle strand (which may be barbed) should be located a minimum twelve (12) inches from the top wire to prevent entanglement when mule deerjump over. The bottom strand should be sixteen (16) inches from the ground. D. Fruit bearing trees and shrubs shall be prohibited within the Activity Envelopes. E. With reasonable notice to the property owner, access shall be provided to the Colorado Division of Wildlife for trapping, tagging, studying, or otherwise managing wildlife, except in case of a wildlife emergency. F. Trash/garbage shall be kept in an approved bear resistant container or enclosure. G. Pets shall not be fed outside. Bird feeders shall be avoided from April through November. Lever style door handles shall be avoided on the exterior of the house. Composting shall be limited to yard waste. H. Horse grains, pellets, and cookies shall be stored indoors and/or in bear resistant containers. 13. No development shall occur outside of the approved activity envelopes, with the exception of vegetation removal necessary to comply with the wildfire mitigation measures described above. 14. The Applicant shall provide adequate engineering of any retaining walls over 4' in height and /or any improvements to retaining walls over 4' in height. All retaining walls shall be a maximum of 7' in height. 000021 Determination No. LP---2010 Page 7 15. Prior to commencement of any earthmoving or other construction activity, the Applicant shall stake the corners of the activity envelope and install construction fencing around the construction site within the perimeter of the activity envelope. The fencing shall remain in place until issuance of a Certificate of Occupancy. 16. Prior to issuance of a Certificate of Occupancy for the main residence, the Applicant shall submit for recording a covenant acceptable to the Community Development Department and County Attorney prohibiting commercial agricultural activities on the parcel. 17. Prior to issuance of a Certificate of Occupancy for the new barn, the Applicant shall obtain a permit to demolish the old bam. and shall have completed the demolition of the building and the restoration of the site. 18. Prior to submission of a building permit application for the caretaker dwelling unit, the Applicant shall: A. Obtain approval from the Board of County Commissioners to remove the employee dwelling unit deed restriction for the unit within the bam. The employee dwelling unit shall be demolished or rendered uninhabitable prior to issuance of the Certificate of Occupancy for the caretaker dwelling unit. B. Demonstrate proof of an adequate water supply for two dwelling units. 19. The caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven that can bake and broil, sink of at least 14 "W X 16"D X 5.25 "H, and at least a 5.3 cubic foot refrigerator and 0.73 cubic foot freezer. The Applicant shall provide two off -street parking spaces for the caretaker unit. The caretaker dwelling unit must have separately accessible utilities. This does not preclude shared utilities. 20. Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall obtain and the Housing Office shall record a caretaker dwelling unit deed restriction. Actual floor plans of the unit shall be submitted to the Housing Office with the deed restriction. The Housing Office may inspect the unit for compliance with these conditions of approval (17 -19 hereof) prior to issuance of a Certificate of Occupancy. 21. No calculations for height, bulk, setback, size, floor area, or any other building and zoning requirements have been conducted. These requirements will be considered at the time of building permit. Any structures represented in the application may not be permitted under building and zoning regulations. 22. 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 . 23. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use We, § 2 -20 -170 and C.R.S., § 24 -68 -105. The statutory vested rights granted herein shall expire on Nukvmhyr ff�, 2013. 000022 Determination No (- -3010 Page 8 NOTyCE OF .PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the q1� ay of_LA jLASj. .2010. APPROVED AND ADOPTED this I b IIc,J{ day of.bQj— , 2010. PUBLISHED AFTER ADOPTION F ROA VESTED REAL PROPERTY RIGHTS in the Aspen Times Weekly on thcj)- day of 1 2010. ATTEST: t X li n ie i! • _c,c ye ham Bonnie Waechtler, Administrative Assistant APPROVED AS TO FORM: John oun rney P054- 10;PID4290918301001 000023 COMMUNITY DEVELOPMENT DEPARTMENT HEARING OFFICER OF PITKIN COUNTY, COLORADO James R. True, Hearing Officer Date I i- 'j. , O APPROVED AS TO CONTENT: dg t.,k =rte 1M�- ttvLtk Community Development Director RECEPTION #: 678968, 04/06/2011 at 11:66:11 AM, 1 OF 2, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO AmuNISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE ASP PROPERTIES LLC MINOR AMENDMENTS TO HEARING OFFICER DETERMINATION NO. 06-2010 Administrative Decision No.aV -2011 RECITALS 1. Pursuant to Section 2- 20- 150(b) of the Land Use Code, Asp Property LLC ( "Applicant ") has applied to the Community Development Director of Pitkin County, Colorado ( "Director ") to amend the Site Plan approved pursuant to Hearing Officer Determination No. 06 -2010 as follows. Ali changes will occur within the approved Activity Envelopes. A. Realign the bridge closest to the main residence. B. Move the fire truck turnaround closer to the residence within previously disturbed areas. C. Relocate the septic systems for the main residence and for the caretaker dwelling unit and barn. D. Relocate the caretaker dwelling unit. E. Maintain the barn in the same location, but the barn will be slightly smaller in size. F. Spread excavated spoils around the new bam and horse corrals and regrade and revegetate those areas. 2. The property is located at 8475 Castle Creek Road, and described as Lot 1, Navratilova Lot Split. 3. The lot contains 100.2 acres and is a conforming size lot in the AR -10 zone district. 4. The Hearing Officer approved the Asp Properties LLC Activity Envelope and Site Plan Review, Special Review and GMQS Exemption for Bam Square Footage, TDR Receiver Site and Caretaker Dwelling Unit, pursuant to Determination No. 06 -2010. The approval contemplates construction of anew single family residence, barn and caretaker dwelling unit. The Site Plan has not been recorded. 5. The Director finds that the proposed amendments comply with the applicable provisions of the Land Use Code, and will not change the use of the proposed development or the basic character of the land, are consistent with action taken during the original review, do not increase off -site impacts or the allowable floor area, and will not endanger the public health, safety or welfare. 6. The Director further finds that the new location for the caretaker dwelling unit is consistent with the criteria for development within the Scenic View Protection Area, and is farther from the blue avalanche hazard area. THE DIRECTOR DOES HEREBY APPROVE the Asp Properties LLC Minor Amendments, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. All conditions of Hearing Officer Determination No. 06 -2010 shall remain in full force and effect, except as amended herein. 000024 Administrative Decision No. _ -2011 Page 2 2. Prior to submission of any future building permit applications for the main residence, barn or caretaker dwelling unit, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2- 30 -20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation of them. Concurrently, the Applicant shall submit for approval by the County Attorney and Community Development an amended plat for Lot 1, 3. The Applicant shall adhere to all material representations made in the application. APPROVED by the Director, this Z4JA day of %:a a�). , 2011. Cindy Heuben, Community Development Director P018 -11 P1D #290918301001 000025 EXHIBIT � 5 U S ARMY CORPS OF ENGINEERS OMB APPROVAL NO 07101M APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES: 31 AUGUST 2012 CFR 325 Public reporting for this collection of information is estimated to average 11 hours per response Including the time for reviewing inSmuchorhs searching existing data sources. gathering and maintaining Ire data needed and completing and reviewing the collection of Information Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden to Department of Defense. Washington Headquarters, . Eireculive Services and Communications Directorate Information Management Dmsron and to the Office of Management and Budget. Paperwork Reduction Project (0710 -DO03) Respondents should be aware that notwithstanding any other provision of law no person shall be subject to any penalty for failing to comply with a collection of Information if 4 does not display a currently valid OMB control number Please DO NOT RETURN your form to either of those addresses Completed applications must be Submitted to the District Engineer having jurlsdichon over the location of the proposed activity PRIVACY ACT STATEMENT Authorities. Rivers and Harbas Ad. Section 10. 33 USC 403, Clean Water Act, Section 404, 33 USC 1344, Marine Protection Research and Sanctuaries Act Section 103 33 USC 1413. Regulatory Programs of the Corps of Engineers. Final Rule 33 CFR 320 -332. Principal Purpose. Information provided on this torn will be used in evaluating the application for a berme Routine Uses. This mfexmaton may be shared with the Department of Justice and other federal state and local government agencies . and the public and may be made available as part of a public notice as required by Federal law Submission of requested information is voluntary. however . d infomhaton is not provided the permit apptication canal be evaluated nor can a permit be issued One set of original drawings or good reproducible copies which show the location antl character of the proposed activity must be attached to this application (see sample drawings and/or insiructionsf and he submitted to the District Engineer having jurisdiction over the location of the proposed activity An application that Is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1 APPLfCATION NO 2 FIELD OFFICE CODE 3 DATE RECEIVED 4 DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICAN7) 5 APPLICANTS NAME 8 AUTHORIZED AGENTS NAME AND TITLE (agent is not required) First - Charles Middle - Lasl - Somers First S1e%e Middle -1) Last - Dahmer Company - Asp Prupenics. LLC. Attn: Charles Somers. ktgr. Company Fm ironmental Solutions. Inc. E -mail Address E-mail Address sdahmer@dmailcw.com 6 APPLICANTS ADDRESS 9 AGENTSADDRESS Address. 5241 Arnold Ake. Address 600 CR 216 Cory- McClellan State- CA Zip -95651 Camtry - I,SA City- Rife State - CO Zip 81650 Country LSA 7 APPLICANTS PHONE NOS. wfAREA CODE 10 AGENTS PHONE NOS w1AREA CODE a Residence b Business c. Fa* a Residence b Business c Fax na 808 - 75(,_6031 na 970- 618 -6841 970- 625 -1673 STATEMENT OF AUTHORIZATION 11 1 hereby aulhonze Environmental Solutions, Inc to act in my behalf as my agent in the processing of this application and to fumish upon request supplemental Information in support of this permit application SIGNATURE OFA PL ICANT NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE (see instructions) Asp Properties Somers Residence - - 13 NAME OF WATERBODY IF KNOWN (d applicable) 14- PROJECT STREET ADDRESS (t applicable) Castle Creek Address 3875 Castle Creek Road 15 LOCATION OF PROJECT Latitude N Longitude W City Aspen Slate- CO ZIP- 81611 16 OTHER LOCATION DESCRIPTIONS IF KNOWN fate Instructions) Stale Tax Parcel ID Municipality Section - SN I J SBCIIOII 18 Township - 1 1 15 Range - 8411 ENG FORM 4345, OCT 2010 EDITION OF OCT 20041S OBSOLETE Fexoamn Cell o 000026 17 DIRECTIONS TO THE SITE From 1 -70 take Hey 82 east to the Aspen round- aboul. Exit right on Castle ('reek Road and continue up the Castle Creek valley approximately 8.± miles (pas( the Little .Annie mine roadl to d Nc%vay entrance on the right. Driveway is marked by stone entm and 4875 on the stone. If you reach Fall Creek Road, you have gone past the driveway 1 2 mile. 18 Nature of Act" (Description of project include all featured See Blcxk IS Attached 19 Project Purpose (Describe the reason or purpose of the project see instrucliond See Block 19:\ttached USE BLOCKS 20 -231F DREDGED ANDIOR FILL MATERIAL IS TO DE DISCHARGED 20 Reasons) for Discharge See Block 20 Attached 21 Type(s1 of Material Berry Discharged and the Amount of Each Type in Cubm Yards Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount m Cubic Yards See Block 21 .Attached 22 Surface Area in Acres Of Wetlands or Other Waters Filled (see instructions) Acres See Block 22 Attached or Linear Feet 23 Description of Avoidance Minimizalion and Compensation (see instructions) See Block 2, Attached ENG FORM 4345, OCT 2010 000021 24 Is Any PCOM of the Work Already Complete? ❑Yes 2INo IF YES DESCRIBE THE COMPLETED WORK 25 Addresses of Adjoining Property Owners Lessees Etc Whose Property Adpins Ore Waterbody ,,, a i e. uw c comma ore pow a a nopama. w, a Address- See Separate'_ -page map, address Attachment labelled Block 25 city - State - Zip . b Address. City • State - Zip . c Address City - State - Zip - If Addiress. city - State Zip - e. Address- City - State Zip, 26 List W Other Certlkeates or Apprwalsioemals received from other Federal State or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL* IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER See Block 26 Attache Would Include but Is not restricted to zoning building . and good plain permits 27 Application is hereby made for permit or permits to authorize the work described in this application I cerkfy that this information in this applimbon is complete and accurate I further certify that I possess the authority to undertake the vgrk described herein or am acting as the duly authorized agent of the applicant SIGNATURE 0, APPLICANT ATE SIGNATURE OF AGENT DATE The Applicaton must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed 18 U SAC Section 1001 provides that Whoever in any manner within the jurisdiction of any department or agency of the United States knowingly and wihfully falsifies, conceals or covers up any trick scheme or disguises a material fact or makes any false, fichbous or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shelf be fined not more than $10,000 or imprisoned not more than five years or both ENG FORM 4345, OCT 2010 V {{ (\ � Z14 \ Ft I o 2 a � l �wY Ilk SOMERS RESIDENCE " "�`n " °� "` O 000029 WETLAND DELINEATION REPORT ASP PROPERTIES, LLC— CASTLE CREEK PITKIN COUNTY, COLORADO PREPARED FOR: Asp Properties, LLC Attn: Charles Somers, Mgr. 5241 Arnold Ave. McClellan, CA 95652 June 2013 000030 Page 1 of 9 Created by Environmental Solutions, Inc. WETLAND DELINEATION REPORT Asp Properties, LLC— Castle Creek Pitkin County, Colorado Site Descriotion The subject property is owned by Asp Properties, LLC, Attn: Charles Somers, 5241 Arnold Ave., McClellan, California 95652. The property is located approximately 8.3 miles south of Aspen, Colorado in the Castle Creek drainage (Figure 1). The property is accessed from State Highway 82 by turning south onto Castle Creek Road at the round -about and traveling about 8.3 miles up Castle Creek Road to the property entrance on the right. The property entrance is marked by a stone marker displaying 4895. If you reach the Fall Creek Road, you drove past the entry by 0.5 miles. There are two delineation areas on the parcel (Figure 2). The first is immediately below the driveway entrance along Castle Creek (Area 1). The second location is near the end of the driveway to the main house at the existing culverted road crossing over Sandy Creek near its confluence with Castle Creek (Area 2). The two delineation sites sit between 9000 -9150 feet in elevation. The map coordinates of Area 1 are 39.088712° Latitude, - 106.814825° Longitude, which sits at approximately 9080 feet in elevation. Area 2 sits at approximately 9132 feet elevation, with map coordinates of 39.089860° Latitude, - 106.816805° Longitude. Both project areas are less than 0.5 acre in size. Area 1 contains 0.05 acres (2415 SF) of riparian- associated wetland along Castle Creek (Figure 3). Area 2 was delineated along the ordinary high water mark of the Sandy Creek channel and is most appropriately described as a water of the U.S. The extremely steep gradient of this first -order stream and the coarse substrate allow very little vegetation establishment along the incised channel. Area 2 contains .06 acres (25 79 SF) of jurisdictional area (Figure 4). Photographic documentation is provided in Appendix A. A survey to delineate wetlands and waters of the U. S. was conducted on June 5, 2013 by Steve Dahmer of Environmental Solutions, Inc. (ESI) using the routine onsite determination method as described in the 1987 Federal Manual for Identifying and Delineating Jurisdictional Wetlands in conjunction with the 2008 Western Mountains, Valleys and Coast Regional Supplement. Mr. Dahmer collected study pit data, flagged the jurisdictional boundary and provided photo documentation of the wetlands. Surveying and mapping was completed by Tuttle Surveying based in Carbondale, Colorado. Vegetation Area 1 is situated along a narrow terrace at the toe of a steep upland slope, just downstream from a very old beaver dam complex and largely- defunct side - channel created by beaver activity. The side channel has largely been filled with sediment and flows almost no surface water, even during the peak of runoff. The site is shadowed by a Page 2 of 9 Created by Environmental Solutions, Inc. 000031 mixed overstory of Engelmann spruce (Picea engelmannii) and blue spruce (Picea pungens), with a sparse understory of mountain willow (Salix monticola) and Geyer willow (Salix geyeriana). Due to the thick overstory, very little herbaceous vegetation is present in most of the delineated area. Species that persist include false - solomon's seal (Mianthemum stellatum), Arctic rush (Juncus arcticus), field horsetail (Eguisetunt arvense), cow parsnip (Heraclemn lanatum), water sedge (Carex aguatilis) and scattered tufted hairgrass (Deschampsia caespitosa). In addition, a few thinleaf alder (Alnus tenuifilia) were also present, mainly upstream in some openings where the side channel exits the beaver dam complex. Surrounding uplands were mostly open meadows dominated by a wide variety of grasses and forbs, though some shrubs are scattered throughout. Dominant herbaceous vegetation includes smooth brome (Bromus inermis), Idaho fescue (Festuca idahoensis), golden banner (Therniopsis divaricarpa), dandelion (Taraxicum ofcinale), Virginia strawberry (Fragaria ovalis), western yarrow (Achillea millefolium), and western meadowrue (Thalictrmn occidentale). Elk sedge (Carex geveri), fringed brome (Bromis ciliatus), and some plumeless thistle (Cardarus acanthoides) were also present, though not dominants. Shrub species include big sagebrush (Artendsia tridentata), snowberry (Symphoricarpos oreophilus), gooseberry (Ribes inerme), squaw currant (Ribes cereum) and ninebark (Physocarpos monogynous). Table 1 shows a list of plants commonly encountered around Area 1 on the property. Area 2 is situated along Sandy Creek, which is a very steep, first -order channel, tributary to Castle Creek. Because of the steep gradient and powerful snowmelt flows, this channel has very little depositional capability and consists of a very coarse, boulder - strewn substrate with little vegetation able to persist within the incised channel. Species that persist include a handful of sparse mountain willow and thinleaf alder shrubs, and moss clinging to sheltered positions of the rocks within the channel. A few scattered false - solomon's seal were also evident within the OHWM wherever enough soil had accumulated to support them. Uplands surrounding Area 2 consist of a forested overstory, primarily mixed Engelmann spruce and aspen (Populus tremuloides), with a sparse understory of Wood's rose (Rosa tivoodsir), Ninebark, Virginia strawberry and Thurber fescue (Festuca thurberi). Hydrology Eight (8) study pits were excavated across the property to inspect for hydrology indicators, four (4) of which were recorded on routine Western Mountains and Valleys data forms. Hydrology in both locations is clearly supported by surface flows in the respective streams. The delineation was conducted during high water flows associated with spring runoff, very near the peak of the annual hydrograph. Therefore hydrology indicators should have been most clearly evident at this time. There was no evidence of surface water in any of the study pit locations and only one had evidence of a high water table at the time of the delineation, but saturation was present in the upper part of all wetland sites inspected. In Page 3 of 9 Created by Environmental Solutions, Inc. 000032 addition, iron deposits and sediment deposits were occasionally evident in some of the wetland pits. Soils A total of eight (8) study pits were dug by hand to evaluate the soils on the property and results for four (4) representative pits were recorded on routine data forms. NRCS does not have any soil data available for this area. The soils in Area 1 were generally dark, and comprised of loam to fine -sandy loam materials down to about 18 inches where small gravels and cobbles began to appear. Most surface layers showed low chroma colors, generally 10YR 3/2, with subsurface layers showing a depleted matrix at I OYR 4/2 coupled with significant redox concentrations along pore linings, with indices gauged at 5YR 5/8. In Area 2, soils, per se, were generally non - existent within the channel, though small areas of deposition in protected pockets contained very shallow layers (5 inches maximum) of cobbly sandy - loams. Substrates below 5 inches were very coarse boulders, cobbles and gravels mixed with coarse sand and were nearly impossible to hand -dig. These are clearly alluvial in character and meet the definition of hydric by method of formation and geomorphic position. On the adjacent uplands, soils were not much deeper (13 inches maximum) and were also underlain with very coarse fragmented rock material. These soils were fine sandy loams, well- drained, and with a matrix color of 10YR 4/3 with no indicators present at all. Summary The surveyed areas on the property contain two jurisdictional areas. Area 1 along Castle Creek supports a sparse, mixed herbaceous /scrub -shrub wetland plant community along a narrow margin of the stream bank. Hydrology supporting this vegetation clearly stems from surface flows in Castle Creek itself. Area 2 has little vegetation of any kind, but qualifies as jurisdictional waters beneath the ordinary high water line because of its normal surface connection to Castle Creek and subsequent continuous surface connection to the Colorado River system. Hydrology indicators should have been maximized at the time of the delineation given the extensive snowmelt currently occurring and high level of streams in the area. Wetland areas were limited to locations in very close proximity to the surface flows in stream channels. Very few locations had a high water table, though saturation in the upper part was a common hydrology indicator. Area 1 meets all three jurisdictional criteria for wetlands as set forth in 1987 Manual. Area 2 also meets all the criteria, though the vegetation community within the steep, high - velocity channel in this section of Sandy Creek is so sparse as to be inconsequential, and the channel itself is more accurately described as a water of the U.S., not a wetland in this location. Page 4 of 9 Created by Environmental Solutions, Inc. 000033 Table 1: Common plants found on the Asp Properties, LLC study area. ID Scientific Name Common Name Indicator Status Stratum 1 Populus tremuloides Quaking Aspen FAC T 2 Picea engelmannii Engelman's Spruce FACU T 3 Carex aguatilis Water Sedge OBL H 4 Fragaria ovalis Virginia Strawberry FACU H 5 Phleum pratense Timothy FACU H 6 Piceapmtgens Blue Spruce FAC T 7 Lupinus argenteus Common Lupine NI H 8 Taraxicum officinale Dandelion FACU H 9 Dactylis glomerata Orchardgrass FACU H 10 Physocarpos monogynous Ninebark FAC S I 1 Pentaphylloides fruticosa Shrubby Cinquefoil FACW S 12 Potentilla gracilis Soft Cinquefoil FAC H 13 Potentilladiversifolia Varileaf Cinquefoil FACU H 14 Heracleum lanatton Cow Parsnip FAC H 15 Dodecatheonpuchelhem Shooting -Star FACW H 16 Symphoricarpos oreophilus Mountain Snowberry FACU H 17 Achillea millefolium Yarrow FACU H 18 Salix monticola Mountain Willow OBL S 19 Salixgeyerana Geyer's Willow OBL S 20 Alines temrifolia Thinleaf alder FACW S 21 Eguisetum arvense Field Horsetail FAC H 22 Lonicera involucr•ata Bush Honeysuckle FAC H 23 Trifolium repens White Clover FAC H 24 Smilacina stellata False Solomon's Seal FAC H 25 Thermopsis divaricarpa Golden Banner NI H 26 Viola adunca Blue violet FAC H 27 Carduus acanthoides Plumeless Thistle NI H 28 Poa compressa Canadian bluegrass FACU H 29 Mianthemum stellatum False Solomon's Seal FAC H 30 Thalictrum occidentale Western Meadowrue FACU H 31 Frasera speciosa Green Gentian UPL H 32 Veratrum tenuipetalunr False Hellebore FACW H 33 Mertensia lanceolata Narrow- leaved Mertensia NI H 34 Bronnis inermis Smooth Brome FAC H 35 Ribes inerme White Stem Gooseberry FAC S Page 5 of 9 Created by Environmental Solutions, Inc. ADDDD4 Phot 00003s- ea 1. Page 6 of 9 Created by Environmental Solutions, Inc. Photo 4: SP -I and SP -2 location in forested area adjacent to Castle Creek on left. Note clear dominant vegetation change along steep upland embankment versus the floodplain area in background. Old beaver complex is behind trees on left. Page 7 of 9 Created by Environmental Solutions, Inc. 000036 • • Proponent proposes to remove culvert and span with bridge to right of existing crossing. Photo 6: View of steep Sandy Creek channel from existing driveway facing downstream. Note steep gradient, coarse substrate and paucity of wetland plant community. Page 8 of 9 Created by Environmental Solutions, Inc. ooOO '5(1)4 Photo 7: SP4 location on right. sparse wetland plant durine runoff. Inlet side of culvert crossing on Sandy Creek. Page 9 of 9 Created by Environmental Solutions, Inc. 000037 WETLAND DETERMINATION DATA FORM - Western Mountains, Valleys and Coast Project/Site Somers—Area 1 Castle Creek Absolute % Cover City/County As en/Pitkin Sam Im Date fa-5 -13 A licant/Owner As Properties LLC L Abies lasiocorpa State CO Sam lin Point SP -I Investigator S. Dahmer Number of Dominant Species That Are OBL, FACW, or FAC 2 (A) Section, Township, Range 18fT11S /R84W Landform Terrace (hillslo e, terrace, etc.) Y I Local relief none (concave, convex, none) Sloe % 0 Datum Subregion RR E FAC Lat. Long. Sail Ma Unit Name NWI Classification Are climatic/hydrologic conditions on the site typical for this time of ear? Yes No If no explain in remarks Are "Normal Circumstances" resent? Yes No Sa lin Shrub Stratum Prevalence Index worksheet Are Ve elation Soil or H drolo si ificantl disturbed? Yes No FACU Are Vegetation , Soil U , or Hydrology naturally problematic? Yes ❑ No Ug (If needed, explain any answers in Remarks) SUMMARY OF FINDINGS — Attach site map showing point locations, transects, important features, etc. Hydric Soil Present? Wetland Hydrology Present? Remarks: Pit on bench at toe above HWL; Castle Creek is I ITCCri T A T"nX Yes ❑ No Yes ❑ No w. runoff Is the Sampled Area within a Wetland? Yes ❑ No channel and mainstem converge; bench is elevated — Tree Stratum (Use scientific names) Absolute % Cover Dominant Species? hMtcator S a us Dominance Test worksheet L Abies lasiocorpa 30 Y FACU Number of Dominant Species That Are OBL, FACW, or FAC 2 (A) 2. Picea enstelmannii 25 Y I FACU 3. Piceapunkens 15 Y FAC Total Number of Dominant Species Across All Strata 6 iB q Total Cover 70 20% = 14; 50% =35 Percent of Dominant Species That Are OBL, FACW, or FAC 33 (A/B) Sa lin Shrub Stratum Prevalence Index worksheet 1. Mmsoco osmono row 15 1 FACU Total %Cover of: I MultiI b: 2 OBL species x 1= 3 FACW species I x2= q FAC species x 3= 5_ FACU species I x 4= Total Cover 15 207. = J; 50% = 7.5 UPL is x 5= Herb Stratum Column Totals: A B) Prevalence Index = BIA = 1. Tar tv mn o(jcinale 3 Y I FACU H dro h tic Vegetation Indicators: 2. Smilacina srellota 2 Y FAC Dominance Test is> 50% 3. Vw irimm occidental¢ 1 N FACU Prevalence Index is < 3 0 q Morphological Adaptations (Provide supporting data in Remarks or on a separate sheet) 5 6 ❑ Problematic H dro h tic vegetation' (Explain) 7. g Indicators of hydric oil and wetland hydrology most be present. Total Cover 6 20 % =1.2 :50%= 3 Wood Vine Stratum L 2. Hydrophytic Vegetation Present? ❑ Yes ® No Total Cover %Bare Gmmd in Herb Stratum %Cover of Biotic Crust Remarks: US Army Corps of Engineers 000038 western Mountains, vaneys, and coast— version Apra c Con, Samoline Point SP -1 Profile Descri tion: Describe to the de th needed to document the indicator or confirm the absence of indicators. Depth inches Matrix Redox Features Texture Remarks Color moist % Color moist % Type I Locz 0-2 10YR 313 100 ❑ Saturation A3) Salt Crust I1 duff/ pine needles /etc 2 -20 10YR 4/3 70 10YR 5/4 ❑ Saturation Visible on Aerial Imagery (C9) ❑ Sediment Deposits 2 loam H dro en Sulfide Odor Cl Geomorphic Position (D2) ❑ Drift De -sits 3 I lniA;—A Rhinos hares -long Living Roots 0 ❑ Shallow A uitard 3 ❑ Algal Mat or Crust ) ❑ Presence of Reduced Iron C4 FAC- Neutral Test 5 Iron Deposits 5 Recent Iron Reduction in Tilled Soils C Raised Ant Mounds A ❑ Surface Soil Cracks 6 Sttmted or Stressed Plants I) RR A Frost -Heave Hummocks (D7) Inundation Visible on Aerial Imagery 7) Other lain in Remarks Field Observations: Wetland Hydrology Present ❑Yes ENO Surface Water Present? ❑ Yes No Depth (inches) Water Table Present? ❑ Yes ® No Depth (inches) Saturation Present? ❑ Yes ® No Depth (inches) (includes ill fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: no Indicators Type C= Concentrat D= Depletion RM= Reduced Matrix CS�overed/Coated Sand Grains 'Loeation ion PL--Pore Lining RC= Root Channel M= Matrix dric Soil Indicators: (Applicable to all LRRs unless otherwise noted. n! Histosol (Al) ❑ Histic Epipedon (A2) ❑ Black Histic (A3) ❑ Hydrogen Sulfide (A4) ❑ Depleted below dark surface (AI I) ❑ Thick Dark Surface (Al2) ❑ Sandy Mucky Mineral (Sl) ❑ Sandy Gleyed Matrix (S4) U Sandy Redox (S5) ❑ Stripped Matrix (S6) ❑ Loamy Mucky Mineral (Fl) ❑ Loamy Gleyed Matrix (172) ❑ Depleted Matrix (173) ❑ Redox Dark Surface (F6) ❑ Depleted Dark Surface (F7) ❑ Redox Depressions (178) Indicators for Problematic Hydric So' ❑ 2 cm Muck (A10) ❑ Red Parent Material (IT2) ❑ Other (Explain in remarks) 'Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (If present): Type: done Depth (inches): Hydric Solt Present? ❑ Yes ® NO Remarks: No redox features, soil matrix color is from parent material in basin Wetland Hydrology Indicators: Primary Indicators (my one indicator is sufficient) Secondary Indicators (2 or more required) ❑ Surface Water Al Sparse Ve getated Concave Surface 8 ❑ Water - Stained Leaves 9 o'O'""'•'''A °'n Hi Water Table A2 Water - Stained Leaves (B9 ) t °"P'"6'""' ;u °a'w Drainage Patterns 10 ❑ Saturation A3) Salt Crust I1 - Season Water Table C2) [I Water Marks 1 Aquatic Invertebrates 13) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Sediment Deposits 2 H dro en Sulfide Odor Cl Geomorphic Position (D2) ❑ Drift De -sits 3 I lniA;—A Rhinos hares -long Living Roots 0 ❑ Shallow A uitard 3 ❑ Algal Mat or Crust ) ❑ Presence of Reduced Iron C4 FAC- Neutral Test 5 Iron Deposits 5 Recent Iron Reduction in Tilled Soils C Raised Ant Mounds A ❑ Surface Soil Cracks 6 Sttmted or Stressed Plants I) RR A Frost -Heave Hummocks (D7) Inundation Visible on Aerial Imagery 7) Other lain in Remarks Field Observations: Wetland Hydrology Present ❑Yes ENO Surface Water Present? ❑ Yes No Depth (inches) Water Table Present? ❑ Yes ® No Depth (inches) Saturation Present? ❑ Yes ® No Depth (inches) (includes ill fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: no Indicators US Army Corps of Engineers Western Mountains, Valleys, and Coast— Version April 208 000039 WETLAND DETERMINATION DATA FORM - Western Mountains, Valleys and Coast Project/Site Somers —Area 1 Castle Creek Is the Sampled Area within a Wetland? Yes M No ❑ City/County As n/Pitkin Indicator status Sam lin Date 6-5 -13 A licant/Owner As Properties LLC 20 State CO FAC Sam lin Point SP -2 Investigator S. Dahmer 15 Section, Township, Range 18/T11S/R84W Landform Terrace (hillslope, terrace, etc.) 3. Local relief none (concave, convex, none) ( %) 0 -Slope Datum Subregion RR E Lat. Long. Soil Map Unit Name Percent of Dominant Species Thai Are OBL, FACW, or FAC 60 WB) Sa lin Shrub Stratum NWI Classification Are climatic/hydrologic conditions on the site !L/pic aI for this time of year9 Yes M No f no, explain in remarks Are "Normal Circumstances" resent? Yes K No Total %Cover of: Are Ve elation ,Soil ❑ , or Hydrology ❑ sign i i anti disturbed? Yes No 2, Are Ve elation Soil ❑ , or Hydrology naturally problematic? Yes No DQ Of needed, explain my answers in Remarks) SUMMARY OF FINDINGS — Attach site map showing point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No Lj Hydric Soil Present? Yes ® No ❑ Is the Sampled Area within a Wetland? Yes M No ❑ Wetland Hydrology Present? Yes M No ❑ Indicator status Remarks: Pit — 10' from mainstem at tip of lower bench below side - channel /beaver dam confluence kwil*)G�VJLf010 Tree Stratum (Use scientific names) Absolute %Cover Dominant Species? Indicator status Dominance Test worksheet I. Picea Pun eew 20 Y FAC Number of Dominant Species That Am OBL, FACW, or FAC 3 (A) 2. Picea en elmonnii 15 Y FACU 3. Total Number of Dominant Species Across Ali Strata 5 (B) q Total Cover 35 20 %= 7; 50% =17.5 Percent of Dominant Species Thai Are OBL, FACW, or FAC 60 WB) Sa lin Shrub Stratum Prevalence Index worksheet 1. Salix nronrimia is Y OBL Total %Cover of: Multi I by: 2, OHL species x 1= 3, FACW species z2= 4. FAC s ies x 3= 5. FACU s ics x 4= Total Cover 15 20 %= 3: 50 %= 7.5 IIPL s ies x 5= Herb Stratum Column Totals: A B Prevalence Index= B/A= 1. Jarxvs m.cricus 15 Y FACW Hydrophytic Ve etation Indicators: 2. Ta.axicum o rcirmle 5 Y FACU Dominance Test is 5 50% 3. Carex aarilis 3 N OBL Prevalence Index is < 3.0 4. E viseram arveme 2 N FAC ❑ Morphological Adaptations (Provide supporting data in Remarks or on a separate sheet) 5 6 ❑ Problematic Hydrophytic Ve etation (Explain) 7. S. Indicators of hydric soil and wetland hydrology must be present. Total Cover 25 20% =5 ; 50% = 12.5 Woodv Vine Stratum I. 2. i i Hydrophytic Vegetation Present? ® Yes ❑ NO Total Cover %Bare Ground in Herb Stratum %Cover of Biotic Crust Remarks: US Army Corps of Engineers Western Mountains, Valleys, and Coast— Version April 2008 Cal Sampling Point SP -2 Profile Desc ' tion: Describe to the de th needed to document the indicator or confirm the absence of indicators. Depth inches Matrix Redox Features Texture Remarks Color moist % Color moist % Type] Locz 0-5 10YR 3/2 100 ❑ Water Marks 1 ❑ A uetic Invertebrates 13 ❑ Saturation Visible on Aerial Image (Cq) loam 5-18 10YR 4/2 80 5YR 518 20 C PL fine sandy loam Presence of Reduced Iron C4) El FAC- Neutral Test 5 Iron D to' 5 Recent Iron Reduction in Tilled Soils C6 ❑ Raised Ant Mounds 6 RR A ❑ Surface Soil Cracks 6 ❑ Stunted or Stressed Plants 1 A ❑ Frost -Heave Hummocks (D7 ❑ Inundation Visible oa Aerial Imagery 7) I U Other lain in Remarks Field Observations: Wetland Hydrology Present ® Yes ❑ No Surface Water Present? ❑ Yes ® No Depth (inches) Water Table Present? ❑ Yes ® No Depth (inches) Saturation Present? ® Yes ❑ No Depth (inches) 5 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: 'Type Concentration D--Depletion RM= Reduced Matrix CS= Covered /Coated Sand Grains 'Location PL--Pore Lining RC= Root Channel M= Matrix H dric Soil Indicators: (Applicable to all LRRs unless otherwise noted. Histosol (Al) ❑ Histic Epipedon (A2) ❑ Black Histic (A3) ❑ Hydrogen Sulfide (A4) ® Depleted below dark surface (Al I) ❑ Thick Dark Surface (Al2) ❑ Sandy Mucky Mineral (S I) ❑ Sandy Gleyed Matrix (S4) Sandy Redox (S5) ❑ Stripped Matrix (S6) ❑ Loamy Mucky Mineral (F 1) ❑ Loamy Gleyed Matrix (172) ❑ Depleted Matrix (F3) ❑ Redox Dark Surface (F6) ❑ Depleted Dark Surface (177) ❑ Redox Depressions (178) Indicators for Problematic Hydric Soils' ❑ 2 cm Muck (Al0) ❑ Red Parent Material (TF2) ❑ Other (Explain in remarks) 'Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer pt present): Type: none Depth (inches): Hydric Soil Present? ® Yes ❑ No Remarks: alluvium below 18" HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (anyone indicator is sufficient Secondary Indicators (2 or more required) ❑ Surface Water (Al) Sparsely Vegetated Concave Surface (iT8) Water - Stained Leaves 9 e"""'•'•'A 8 iB1 High Water Table A2 C] Water-Stained Leaves 9 El Dr' Patterns 10 ® Saturation A3 ❑ Salt Crust (B11) ❑ - Season Water Table (0) ❑ Water Marks 1 ❑ A uetic Invertebrates 13 ❑ Saturation Visible on Aerial Image (Cq) Sediment Deposits 2) Hydrogen Sulfide Odor (Cl ) ❑ Geomorphic Position 2 ❑ Drift Deposits 3 ❑Oxidized Rhizos heres along Living Roots 0) ❑ Shallow Aquitard 3 ❑ Al al Mat or Crust ) Presence of Reduced Iron C4) El FAC- Neutral Test 5 Iron D to' 5 Recent Iron Reduction in Tilled Soils C6 ❑ Raised Ant Mounds 6 RR A ❑ Surface Soil Cracks 6 ❑ Stunted or Stressed Plants 1 A ❑ Frost -Heave Hummocks (D7 ❑ Inundation Visible oa Aerial Imagery 7) I U Other lain in Remarks Field Observations: Wetland Hydrology Present ® Yes ❑ No Surface Water Present? ❑ Yes ® No Depth (inches) Water Table Present? ❑ Yes ® No Depth (inches) Saturation Present? ® Yes ❑ No Depth (inches) 5 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Western Mountains, Valleys, and Coast— Version April 2008 000041 WETLAND DETERMINATION DATA FORM - Western Mountains, Valleys and Coast Project/Site Somers —Area 2 Sandy Creek Is the Sampled Area within a Wetland? Yes El No ED _g! !y C Indicator Status t e 13 Applicant/Owner As Properties LLC Remarks: Pit on north bank below culvert crossing State CO FACU Sampling Point SP -3 Investigator S. Dahmer 25 Section Township, Range 18(111 S/R84W Landform Hillslope rr (hillslope, terrace, etc.) 3 Local relief convex (concave, convex, none) Sl oe % 3-4 Datum Subre ion RR E Lat. Total Cover 60 20% Soil Map Unit Name 50% =30 Penem of Dominant Species That Are OBI, FACW, or FAC 32.5 (A/B) I NWI Classification Are climatic/hydrologic conditions on the site ical for this time of ear? Yes No ❑ (If no, explain in remarks Are "Normal Circumstances" resent? Yes No Total %Cover of. Are Ve elation ,Soil , or Hydrology si ificantl disturbed? Yes No 2. Rosa rvoodsti Are Ve elation ,Soil , or Hydrology naturall roblematic? Yes No (If needed, explain m answers in Remarks SUMMARY OF FINDINGS — Attach site map showing point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No No ❑ ® Is the Sampled Area within a Wetland? Yes El No ED Hydric Soil Present? Yes Indicator Status Wetland Hydrology Present? Yes ❑ No 1. Picea en elmannii Remarks: Pit on north bank below culvert crossing tLVA —qW1 NI �r.%l Y re1Jl Tree Stratum (Use scientific names) Absolute % Cover Do nnant Species? Indicator Status Dominance Test worksheet 1. Picea en elmannii 35 Y FACU Number of Dominant Species That Are OBL, FACW, or FAC 3 A) 2. Po uhrs rremuloides 25 Y FAC 3 Total Number of Dominant Species Across All Strata 8 (B) 4 Total Cover 60 20% = 12; 50% =30 Penem of Dominant Species That Are OBI, FACW, or FAC 32.5 (A/B) Sa lin Shrub Stratum Prevalence Index worksheet 1. Pimsocarpos nronozmyus 13 1 Y I FACU Total %Cover of. Multi by: 2. Rosa rvoodsti 15 Y I FACU OBL species I x 1= 3.Po ulus tremulatdes 10 Y FAC FACW ies x2= 4 FAC species x 3= 5 FACU species x4= Total Cover 40 20 %= 8' 50 %= 20 UPL species I x 5= Herb Stratum Column Totals: A Prevalence Index = B/A = 1. Fragaria oxalis 20 Y FACU Hydrophytic Vegetation Indicators: 2. Th.10,,,m occidentals 15 1 Y FACU Dominance Test is> 50% 3. Geranium richardsoni 15 1 Y —FACU — Prevalence Index is < 3.0 4. Tamxicum o icinole 5 N FACU Morphological Adaptations (Provide supporting data in Remarks or on a se to sheet) 5 6 Problematic H rbo he Ve elation (Ex lain) 7. S. Indicators of hydric soil and wetland hydrology must be present. Total Cover 55 20% =11 ; 50% = 27.5 Wood Vine Stratum L Hydrophytic Vegetation Present? ❑ Yes ® No 2. Total Cover % Bare Ground in Herb Stratum %Cover of Biotic Crust Remarks: US Army Corps of Engineers western mounrauts, vaueys, Rau um"— v crmuu r.p.,. wvo 000042 CYaI I I Samolin¢ Point SP -3 Profile Descri tion: Describe to the de th needed to document the indicator or confirm the absence of indicators. Depth (inches) Matrix Redox Features Texture Remarks Color moist % Color moist % Type' Loci 0-13 10YR 4/3 1 100 Water - Stained Leaves 9'=° ""1. ;A Otl'"' 1 Drainage Patterns 10 ❑ Saturation A3 fine sandy loam ❑ Salt Crust 11 Dry-Season Water Table C2 ❑ Water Marks 1) ❑ A uatic Invertebrates 13 Saturation Visible on Aerial Ira C9) ❑ Sediment Deposits 2) ❑ Hydrogen Sulfide Odor Cl Geomorphic Position (D2 ❑ Drift Deposits 3) ❑Oxidized Rhizospheres along Living Roots C3 Shallow A uitard (D3 ❑ AI al Mat cr Crust 4 Presence of Reduced Iron C4 FAC- Neutral Test 5 ❑ Iron Deposits 5 Recent Iron Reduction in Tilled Soils C6 Raised Ant Mounds 0)6) RR A ❑Surface Soil Cracks 6 ❑ Stunted or Stressed Plants 1) (LRR A Frost -Heave Hummocks 7) Inundation Visible on Aerial Irra&ery (B7) I Ll Other (Explain in Remarks Field Observations: Wetland Hydrology Present ❑Yes ® No Surface Water Present? Yes N No Depth (inches) Water Table Present? ❑ Yes ® No Depth (inches) Saturation Present? ❑ Yes ® No Depth (inches) includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: no indicators Type C--Concentration D= Depletion RM= Reduced Matrix CS=Covered /Coated Sand Grains 'Location PL--PoreLining RC =Root Channel M= Matrix H dric Soil Indicators: (Applicable to all LRRs, unless otherwise noted. I-Iistosol (Al) ❑ Histic Epipedon (A2) ❑ Black Histic (A3) ❑ Hydrogen Sulfide (A4) ❑ Depleted below dark surface (Al 1) ❑ Thick Dark Surface (AI2) ❑ Sandy Mucky Mineral (S l) ❑ Sandy Gleyed Matrix (S4) U Sandy Redox (S5) ❑ Stripped Matrix (S6) ❑ Loamy Mucky Mineral (F1) ❑ Loamy Gleyed Matrix (172) ❑ Depleted Matrix (173) ❑ Redox Dark Surface (F6) ❑ Depleted Dark Surface (F7) ❑ Redox Depressions (F8) Indicators for Problematic Hydric Soil ❑ 2 cm Muck (At 0) ❑ Red Parent Material (I'F2) ❑ Other (Explain in remarks) 'Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (If present): Type: none Depth (inches): Hydric Soil Present? Yes N No Remarks: Coarse, angular rock mixed with small cobbles, gravels and sand below shallow soil surface HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (my one indicator is sufficient ) Secondary Indicators (2 or more required) Surface Water Al) Sparsely Vegetated Concave Surface (B8) Water - Stained Leaves(B9) —CFHigh Water Table A2) Water - Stained Leaves 9'=° ""1. ;A Otl'"' Drainage Patterns 10 ❑ Saturation A3 ❑ Salt Crust 11 Dry-Season Water Table C2 ❑ Water Marks 1) ❑ A uatic Invertebrates 13 Saturation Visible on Aerial Ira C9) ❑ Sediment Deposits 2) ❑ Hydrogen Sulfide Odor Cl Geomorphic Position (D2 ❑ Drift Deposits 3) ❑Oxidized Rhizospheres along Living Roots C3 Shallow A uitard (D3 ❑ AI al Mat cr Crust 4 Presence of Reduced Iron C4 FAC- Neutral Test 5 ❑ Iron Deposits 5 Recent Iron Reduction in Tilled Soils C6 Raised Ant Mounds 0)6) RR A ❑Surface Soil Cracks 6 ❑ Stunted or Stressed Plants 1) (LRR A Frost -Heave Hummocks 7) Inundation Visible on Aerial Irra&ery (B7) I Ll Other (Explain in Remarks Field Observations: Wetland Hydrology Present ❑Yes ® No Surface Water Present? Yes N No Depth (inches) Water Table Present? ❑ Yes ® No Depth (inches) Saturation Present? ❑ Yes ® No Depth (inches) includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: no indicators US Army Corps of Engineers Western Mountains, Valleys, and Coast- Version April 2008 000043 WETLAND DETERMINATION DATA FORM - Western Mountains, Valleys and Coast Project/Site Somers —Area 2 Sandy Creek Yes DQ No Ll Yes ® No ❑ City/County As en/Pitkin I Sam lin Date 6-5 -13 Applicant/Owner Asp Properties LLC 1. Picea en ellmannii State CO I Sampling Point SP4 Investigator S. Dahmer Number of Dominant Species That Am OBL, FACW, or FAC 3 (A) Section, Township, Range 181T11 SIR84W Landform Terrace (hillslo e, terrace, etc.) Y Local relief concave (concave, convex, none) Sloe % 2 Datum Subregion RR E Lat. Lon . Soil Map Unit Name I NWI Classification Are climatic/hydrologic conditions on the site pical for this time of ear? Yes R No If no explain in remarks Are "Normal Circumstances" resent? Yes No Sapling/Shrub Stratum Are Vegetation Lj , Soil U , or Hydrology significantly disturbed? Yes No 1 Y Are Vegetation , Soil , or Hydrology naturally problematic? Yes No f needed, explain my answers in Remarks SUMMARY OF FINDINGS — Attach site map showing point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Yes DQ No Ll Yes ® No ❑ Is the Sampled Area within a Wetland? Yes ® No ❑ Wetland Hydrology Present? Yes ® No ❑ 1. Picea en ellmannii Remarks: Pit is on "floodplain" within steep, incised channel approx. 4" above current HWL during runoff VEGETATION Tree Stratum (Usescientificnames) Absolute %Cover Dominant Species? indicator Status Dominance Test worksheet 1. Picea en ellmannii 30 Y FACU Number of Dominant Species That Am OBL, FACW, or FAC 3 (A) 2. Po ulm tremuloides 25 Y FAC 3, Total Number of Dominant Species Across All Strata 4 (B) q Total Cover 55 20% = 11; 50% =27.5 Percent of Dominant Species That Are OBL, FACW, or FAC 75 (A/B Sapling/Shrub Stratum Prevalence Index worksheet I. Salis monticola 1 18 1 Y OBL Total %Cover of Multiply y, OBL s ies z 1= 3, FACW species x2= 4. FAC s ies z 3= 5. FACU 'es x 4= Total Cava 16 20% = 3.6; 500, = 9 UPL ies x 5= Herb Stratum Column Totals: A 13 Prevalence index = BIA = 1. moss 30 Y H dro h tic Vegetation Indicators: 2. Sn,tlaci.m vellata 3 Y FAC 0 Dominance Test is> 50% 3 El Prevalence Index is < 3.0 4, ❑ Morphological Adaptations (Provide supporting data in Remarks or on a separate shm" 5 5 [1 Problematic Hy h tic Ve etation lain) 7. g, In dicators of hydric soil and wetland hydrology must be present. Total Cover 33 20% =6.6 ; 50% = 16.5 Woodv Vine Stratum Hydrophytic Vegetation Present? ® Yes ❑ No z Total Cover % Bare Ground in Herb Stratum %Cover of Biotic Crust Remarks: Smilacina is the only vascular herbaceous species present, so it is a dominant; moss is very thick and Smilacina is generally growing out of the moss clumps 1.'S : %rmy Corps of Engineers Western Mountains, Valleys, and Coast— version April 2008 0U -0044 kYS710 Samnline Point SP-4 Profile Descri Hon: (Describe to the de th needed to document the indicator or confirm the absence of indicators. Depth inches Matrix Redox Features Texture Remarks Color moist % Color moist % Type' Loc' 0 -5 10YR 4/2 75 10YR 3/2 25 ® Saturation A3 sandy loam 5-13 10YR 4/3 100 E] Water Marks 1 Aquatic Invertebrates 13 sand w. cobbles/ ravels below 13" Saturation Visible on Aerial Imagery (C9) Sediment De osits 2 Hydrogen Sulfide Odor CI ❑ Geomorphic Position 2) Drift De sits 3 ❑Oxidized Rhizos heres along Living Roots C3 Shallow A uitard D3 ❑ -1 Algal Mat or Crust (B4) Presence of Reduced Iron C4 FAC- Neutral Test 5 ❑ Iron De osits 5 ❑ Recent Iron Reduction in Tilled Soils i C6 Raised Ant Mounds (D6) (LRR A ❑ Surface Soil Cracks 6) Stunted or Stressed Plants I A Frost -Heave Hummocks Ej Inundation Visible on Aerial Iniagery (B7 ) Other (Explain in Remarks) Field Observations: Wetland Hydrology Present ® Yes ❑ No Surface Water Present? Yes ® No Depth (inches) Water Table Present? ® Yes ❑ No Depth (inches) 10 Saturation Present? ® Yes ❑ No Depth (inches) 4 includes capillary ftin e Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Type Concentration D=Depletion RM= Reduced Matrix CS=Covered /Coated Sand Grains 'Location PL--Pore Lining RC= Root Channel M= Matrix H dric Soil Indicators: (Applicable to all LRRs unless otherwise noted. I- listosal (Al) ❑ Histic Epipedon (A2) ❑ Black Histic (A3) ❑ Hydrogen Sulfide (A4) ❑ Depleted below dark surface (Al l) ❑ Thick Dark Surface (Al2) ❑ Sandy Mucky Mineral (SI) ❑ Sandy Gleyed Matrix (S4) U Sandy Redox (S5) ❑ Stripped Matrix (S6) ❑ Loamy Mucky Mineral (Fl) ❑ Loamy Gleyed Matrix (F2) ❑ Depleted Matrix (173) ❑ Redox Dark Surface (F6) ❑ Depleted Dark Surface (F7) ❑ Redox Depressions (F8) Indicators for Problematic Hydric Soils ❑ 2 cm Muck (A10) ❑ Red Parent Material (TF2) ❑ Other (Explain in remarks) 'Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (If present): Type: none Depth (inches): Hydric Soil Present? ® Yes -1 No Remarks: soil is alluvial /deposition within the channel below HWL Ff"Rol.nf V Wetland Hydrology Indicators: Primary Indicators (my one indicator is sufficient Secondary Indicators (2 or more required) ❑ Surface Water (Al ) ❑ Sparsely Vegetated Concave Surface 8 Water - Stained Leaves B9) ®Iii Water Table A2 Water-Stained Leaves 9)' °°"°'""'a"4�x . ° ",� Drain ePattems 10 ® Saturation A3 Salt Crust (B 11) ❑ D - Season Water Table C2 E] Water Marks 1 Aquatic Invertebrates 13 ❑ Saturation Visible on Aerial Imagery (C9) Sediment De osits 2 Hydrogen Sulfide Odor CI ❑ Geomorphic Position 2) Drift De sits 3 ❑Oxidized Rhizos heres along Living Roots C3 Shallow A uitard D3 ❑ -1 Algal Mat or Crust (B4) Presence of Reduced Iron C4 FAC- Neutral Test 5 ❑ Iron De osits 5 ❑ Recent Iron Reduction in Tilled Soils i C6 Raised Ant Mounds (D6) (LRR A ❑ Surface Soil Cracks 6) Stunted or Stressed Plants I A Frost -Heave Hummocks Ej Inundation Visible on Aerial Iniagery (B7 ) Other (Explain in Remarks) Field Observations: Wetland Hydrology Present ® Yes ❑ No Surface Water Present? Yes ® No Depth (inches) Water Table Present? ® Yes ❑ No Depth (inches) 10 Saturation Present? ® Yes ❑ No Depth (inches) 4 includes capillary ftin e Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ITS Army Corps of Engincers Western Mountains, valleys, ana coast- version April Luua 000045 ATTACHMENT: Supplemental Information for Asp Properties LLC / Somers Residence Block 18: Nature of Activity The project entails two separate components. Wetland Area 1 is proposed for a new irrigation intake system, which includes a pump station intake pipe extended approximately 6 -8 feet into the Castle Creek channel, which will connect to a concrete wet -well from which water will be pumped upslope. Geologic constraints prevent use of a downstream location for the system (steep embankment— Figure 3 in Wetland report) and wetlands are broader with a wider variety of vegetation above the proposed location, therefore impacts are minimized to the maximum possible extent in the proposed location. Area 2 currently has a large, single culvert in place on Sandy Creek for the existing driveway crossing (Figure 4 in Wetland report). The owner proposes to remove said culvert and restore the affected section of stream channel and replace the driveway crossing with a bridge spanning the jurisdictional area slightly below the existing crossing (Figure M -- attached). The existing crossing must remain in place for construction access until the bridge is completed. A span- bridge crossing will remove the existing impediment to aquatic wildlife movements, remove existing fill from the historic stream bed and restore the functionality of the stream bed in this location. The net effect of the project will be a gain to wetlands and waters by restoring continuity and functionality of this 40 foot stream segment (0.02 acres). Block 19: Project Purpose The purpose of the project is service for an existing single family home. Work in Area 1 involves irrigation of the property landscaping, and work in Area 2 is for a bridge span to replace the existing culverted crossing on the driveway that accesses the home. Work is expected to occur in late summer 2013 if all permits are approved in time. Otherwise, construction will occur in the summer of 2014. Block 20• Reasons for Discharge Area 1— Irrigation pump intake: The purpose of this concrete structure and pipeline is to house an irrigation pump and provide a robust, filtered water supply for the pump intake line which can withstand spring run -off flows, sediment shifting and debris which is transported by Castle Creek. The net effect is approximately 19.6 SF of fill at the extreme edge of Wetland Area 1 for a concrete wet -well, and insertion of 6 -8 linear feet of a 12 -inch diameter water intake pipeline into the alluvium of Castle Creek. Details are shown in Sheets 1 -4 from Resource Engineering, Inc. (attached). 000046 Page 1 of 3 Asp Properties, LLC Permit Application Area 2— Replace culvert with span bridge: Culvert crossing over Sandy Creek in Area 2 will be removed entirely, with its former location restored to a free - flowing, first order stream (– 970 SF / 0.02 acres). The new crossing location will be slightly downstream of the existing crossing (Figure M) and will involve a span- bridge that does not impact the flow, stream channel or wetland fringe in any way. Net effect is a gain of 0.02 acres of functional first -order stream channel with no barrier to aquatic life movements. Block 21 • Types of Material Being Discharged Area 1— Irrigation Pump intake: Material to be discharged will be a rebar- reinforced concrete wet -well, pre -cast and set in place by crane. Volume of excavation for wet -well is expected to be approximately 7.2 CY. Native rock/boulder materials in Castle Creek will be moved and arranged to the minimum extent necessary to bury the water intake line and protect the structure and embankment from erosion. Total material movement in the stream channel is expected to be less than 2.6 CY, to be done with a trackhoe with thumb attachment. See Sheets 3 and 4 from Resource Engineering for detailed drawings. Area 2— Replace culvert with span bridge: Existing culvert crossing to be replaced by a steel -truss bridge span. Net effect is removal of existing 5 -foot diameter CMP culvert from approximately 40' section of stream channel. This will result in removal of approximately 200 CY of native fill materials from the site. New bridge will span jurisdictional area, creating a net benefit to stream channel and aquatic life movement. See Mt. Daly Enterprises Exhibit L -BR for bridge design details. Block 22: Surface Areas of Wetlands or Other Waters Filled The only permanent fill associated with this project is the wet -well structure and intake pipeline in Area 1, which will have a maximum surface impact to wetlands of 19.6 SF (0.0004 acres), and 36 SF (0.0008 ac) respectively. Total surface impact for all components of the Area 1 project will be 55.6 SF (0.0012 ac). Construction plans in Area 2 will result in the removal of an existing permanent fill totaling approximately 947 SF (0.022 ac) and will restore the stream channel and connectivity for aquatic life movements. Further, proponent plans to create two plunge pools (Figure M) where existing culvert will be removed, thus creating a larger pool area than is typical for this steep stretch of Sandy Creek, improving conditions for aquatic species and creating a potential wetland fringe which is largely non - existent in this stretch. Net effect is clearly beneficial, and will more than offset the impacts proposed in Area 1 (947 SF restored vs 55.6 SF impacted; net gain of 891.4 SF or 0.020 ac). 000047 Page 2 of 3 Asp Properties, LLC Permit Application Block 23 • Description of Avoidance Minimization and Compensation Area 1 has been placed at the bottom of a floodplain/beaver dam complex where the floodplain ends and meets a very steep upland embankment. Placing the intake further upstream would impact a larger surface area of wetlands and a more diverse array of wetland vegetation. By placing the intake at the extreme bottom of the floodplain, impacts are minimized to the extent possible. The upland location downstream is too steep to be serviceable and any attempt to construct there would also result in a high risk to bank stability and excessive erosion into Castle Creek. Points farther downstream on the property also have significant wetland fringes and are too distant from the landscaped entry where irrigation is required for the planned pump capacity and power requirement. Area 2 will show a net benefit to wetlands and waters by removing an existing, previously permitted fill area. Avoidance has been completely attained by designing a bridge span and placing it slightly downstream of the existing culverted crossing at the narrowest point between the ordinary high water marks. Block 25: Adjacent Property Owners: 1. U.S. Forest Service, 806 W. Hallam St., Aspen, CO 81611 2. AZ Mines Claims, LLC, 4110 CR 243, New Castle, CO 81647 3. Wyrick Deane, T Lazy 7 Ranch, 3129 Maroon Creek Rd., Aspen, CO 81611 4. Leonard Oates, 533 E. Hopkins Ave., Aspen, CO 81611 5. Pitkin County, 530 E. Main St., #302, Aspen, CO 81611 Block 26: List of Other Certificates or Approvals 1. Pitkin County: Building Permit — Application Pending 2. Colorado Division of Water Resources: Junior Water Right— Application Pending 111. Page 3 of 3 Asp Properties, LLC Permit Application ASP PROPERTIES, LLC ASP PUMP & PIPELINE - 50% DESIGN PITKIN COUNTY, COLORADO UNDERGROUND UTILITIES 3 WORKING DAYS BEFORE YOU DIG CALL ..... 800 - 922 -1987 (TOLL FREE) OR 811 UTIUTY NOTIFICATION CENTER OF COLORADO (UNCC) NON- MEMBERS MUST BE CALLED DIRECTLY m Zo ASP PROPERTIES, LLC PROPERTY BOUNDARY c s PRO IE ICT ...,.. FnA 10C " TION " - - " W H I T F, R 1 V E R C'...4 N /A - 'I' I 0 N A L - F O R E ti \j/ PLANS PREPARED BY : LOCATION MAP 0���� el Op R E S O U R C E GRAPHIC SCALE 2000 0 2000 4000 8000 903 COLOR AAr. W GUNWWD VMN0S. CO 91WI It (voD) wa -am rWx (vro) v6a-i ui N FEET ) I inch =2000 h. Y �� INDEX OF SHEETS TITLE SHEET .............. ............................... 1 SITE PLAN AND CONCEPTUAL PROFILE ... 2 PUMP STATION AND MISC. DETAILS ........ 3 CONSTRUCTION NOTES ............................. 4 AND MISCELLANEOUS DETAILS PRELIMINARY DESIGN NOT FOR CONSTRUCTION 00 1 C 0004 PRELIMINARY DESIGN © ©4 I NOT FOR CONSTRUCTION P ©POSED LANDSCAPING 0 I g 0 0 .1 0 © 0 � * 0 �1 ® 0 0 © 1 0 0 00 40 EXISTING FENCE (TYP.) ?0 0- o0 °80 4 y�0© 0000 PLUM STATION CONTROL PANEL PUMP ST TO BE DETERMINED. © 0 O FOR CONSTRUCTION NOTES AND TRENCH 0 0 0 FOR SEE SHEET 4 OF 4. �H� ® 0% TO DRIVEWAY AND O O PUMP STATION SNONMASS CK. ROAD SEE DETAIL® 0 0 © -30' 24' MIN. COVER SERE® FOR CONCEPTUAL PROFILE. Ff -.� 0 0 r PUMP STATION 0 Oil SEE DETAIL ®1 O VV * 4 b\ "9 SPA GATE VALVE GATE VALVE ® 0 \ fin SEE DETAIL (@ TO DSCHTION PIPELINE 6' TO 8' TO IRRIGATION SYSTEM SEE DETAIL 4 4D�. ® (TO BE DESIGNED) 0, ,P PUMP STA7ON INTAKE y¢�� 0 SEE DETAIL(g) PUMP STATION INTAKE 4"0 DISCHARGE PIPELINE`"' 0\ SEE DETAILe (TOI BE DESIGNED) SYSTEM SITE PLAN 2 CONCEPTUAL PROFILE 2 SCALE. 1'�W HORIZONTAL 2 SCAM NOT TO SCALE 30 0 30 NO. REVISION DATE BY DATE: 06/20/ T3 ®RESOURCE ASP PROPERTIES, LLC SITE PLAN JOe NO. 1324 -t.0 SHEET ENGINEERING. INC. 2 . �.n ASP PUMP & PIPELINE - 50% DESIGN 3 ANA CONCEPTUAL PROFILE DRAWN BY: EFM 2 OF 4 000050 NOTE - LIFTING CAB_ 4 "0 HOPE DR17 PUMP DISCHARGE PIPELINE CONTROL PANEL SHALL BE PLACED HIGHER UP ON PROPERTY. COORDINATE WITH OWNER. r1 CAN BE WALL MOUNTED OR PLACED ON A 04' CONDUIT CONCRETE PAD. CONTROL PANEL IS 48"WIDE X NOTE: NOTE: PIPE PENETRATIDNS NOi SHOWN 36' TALL % IB" DEEP ON 8" LEGS, 24" TO 30" C.I. MM RING FINISH GRADE TO GRAIN AND COVER AROUND MANHOLE IN TRUE SECTION. FOR ILLUSTRATION ONLY. SANOY CLAY LOCKING HASP ASP — 6" TOPSOIL MINIMUM 8" OR 10" 100.0 NO UP TO 12 "0 PVC INTAKE SCREEN OR 8 "0 PVC & 8 "0 CERTAINTEED PVC WELL CASING INVERT IN — T.B.D. SEE DETAIL THIS SHEET 8B0 STANDARD MANHOLE ACCESS STEPS 16" O.C. PRECAST CONCRETE 4' TO 50 MANHOLE INFILTRATION GALLERY WITH BASE AND GASKETED WALL PENETRATIONS ASTM C478 n - LIFTING CAB_ 4 "0 HOPE DR17 PUMP DISCHARGE PIPELINE INVERT CUT 97.0f ELEC. r1 CONDUIT n ^COMPACTED _ — SANOY CLAY NATE BACKFlLL PROPOSED SUBMERSIBLE PUMP n '•� 1. PUMP REQUIREMENTS T.B.D. PUMP STA MAY INCLUDE WD, PROVIDE WATER TIGHT PHASE CONVERTER n MANHOLE RING JOINTS (TYP.) PROVIDE ON /OFF SWITCH IN CONTROL PANEL ( AND PROVIDE TIMER AND FLOW METER. ITT Y SUITABLE NATIVE BACKFlLL PUMP - OR CLASS 6 BACKFlLL (TYP.) 8" GRANULAR BASE AS REWIRED NOTES: 1. CONTRACTOR SHALL COORDINATE ELECTRICAL REQUIREMENTS OF PROJECT WITH PUMP MANUFACTURER, ELECTRICAL SUBCONSULTANT. AND LOCAL UTILITY COMPANY TO PROVIDE ELECTRICAL SERVICE TO THE PUMP STATION. 3 PHASE ASSUMED AVAILABLE 2. ALL ELECTRICAL MATERIALS AND METHODS TO BE IN COMPLIANCE WTH LATEST EDITION OF NATIONAL ELECTRICAL CODE, STATE AND LOCAL CODES. 3. ALL EXPOSED CONDUITS TO BE GALVANIZED RIGID STEEL CONDUIT WITH THREADED FITTINGS. CONDUIT BELOW GRADE i0 BE SCHEDULE 40 PVC. TRAN511ION TO GALVANIZED RIGID STEEL ELBOWS WHEN EMERGING FROM UNDERGROUND. ALL INDOOR EXPOSED CONDUITS TO BE GALVANIZED E.M.T. WITH COMPRESSION FITTINGS. ALL CONDUIT TO BE U.L. LISTED. 4. POWER AND CONTROL CONDUCTORS TO BE STRANDED COPPER 75' C TYPE THWN /XHHW, U.L LISTED. 5. GROUND ALL NON— CURRENT CARRYING METAWC ENCLOSURES, CONDUITS, AND EQUIPMENT FRAMES IN ACCORDANCE WITH ARTICLE 250, N.E.C. 6. INSTALL PUMP VAULT COMPONENTS IN ACCORDANCE TO MANUFACTURER RECOMMENDATIONS. 7. EXCAVATE TO ELEVATIONS AND DIMENSIONS AS INDICATED ON DRAWINGS. ALLOW FOR ADDITIONAL SPACE AS REQUIRED FOR CONSTRUCTION OPERATIONS AND INSPECTION OF FOUNDATIONS. FIELD FIT FINAL ELEVATIONS 8. REMOVE ANY UNSUITABLE WSGRADE SOILS, IF ENCOUNTERED. 9. LEVEL OFF BOTTOMS OF EXCAVATIONS TO RECEIVE EOLJIPME34T SUPPORT PADS OR COMPACTED FILL. REMOVE ANY FROZEN, LOOSE, WET, OR SOFT SOILS PRIOR TO MSTALLATION. 10, PLACE S" MINIMUM OF GRANULAR FILL UNDER STRUCTURE AND COMPACT MATERIAL BY VIBRATORY ROLLER TO OBTAIN DESIRED DENSITY. ADDITIONAL THICKNESS MAY BE REO'D. BY ROCKY MOUNTAIN VALVE, 11. PLACE FILL AND BACKFlLL MATERIAL IN THIN OF USE ONLY HAND — OPERATED FOR FILLING AND BACKFIWNG NEXT TO WALLS. RESOURCE ENOINEERINO, INC. s mnvwo Avt � 0M,I0am � w s�w� � A >01 fa- s'm•RS Ifw) Bb-Hn 000051 PRELIMINARY DESIGN FOR REVIEW ONLY 12. 01APA TION DENSITY REQUIREMENTS, 1 INSIDE OF STRUCTURES UNDER FOUNDATIONS — 100% OF ASTM 0698; 2 OUTSIDE STRUCTURES NEXT TO WALLS — 95% OF ASTM D698; AND 3 OUTSIDE STRUCTURES UNDER EQUIP, SUPPORT FOUNDATIONS — 100% OF ASTM 0698. 13. MOISTURE DENSITY TESTS ARE TO BE PERFORMED ONCE PER NOMINAL SO'X50' AREA OR 2.500 SO. FT. FOR EVERY TWO FEET OF FILL 14. MOUNT CUSTOM CONTROL PANEL AS DIRECTED BY OWNER'S REPRESENTATIVE. 15. CUSTOM CONTROL PANEL TO INCLUDE WE FOLLOWING: 1 ON /CIF SWATCH 2 VARIABLE FREQUENCY DRIVE DIAL (T.B.O.) 15. PUMP EQUIPMENT CAN BE PURCHASED FROM 17. ALL WALL PENETRATIONS SHALL BE MODULAR MECHANICAL SEAL OF INTERLOCKING SYNTHETIC RUBBER BANDS. SIZE WALL PENETRATIONS ACCORDING TO SEAL MANUFACTURER REQUIREMENTS FOR CARRIER PIPE OUTSIDE DIAMETER. 18. FOR WINTERIZATION OR PUMP MAINTENANCE. CLOSE INTAKE ISOLATION VALVE AND PUMP WT VAULT W/ SMALL DEWATERING PUMP. PROVIDE ELECTRICAL OUTLET INSIDE CONTROL PANEL. 19, BURY 4 "0 DISCHARGE PIPELINE AND ELECTRICAL /CONTRCL CONDUIT(S) IN COMMON TRENCH. BURY IN CLASS 6 ROADBASE OR 2" MINUS EXCAVATED MATERIAL DEPENDING ON SITE CONDITIONS. 2' COVER MINIMUM IN BURIED AREAS. PUMP STATION SCALE: NOT TO SCALE ASP PROPERTIES, LLC ASP PUMP & PIPELINE - 50% DESIGN NOTE GATE VALVES SHALL BE RON BODY RESILIENT WEDGE, CONFORMING TO AIWA 0509 W/ BELL JOINT ENDS SUITABLE FOR PIPE SPECIFIED. CONTRACTOR MAY SUBSTITUTE VALVE TYPE WITH ENGINEER /OWNER APPROVAL CL VALVE BOX DMSH GRADE—\ 100 TO BE FLUSH IWITH Sm. GRACE NUT BURIES VALVE L D w 0 8� PVC (4 (IN) 2 -3 4 4 5 Y}c.� 6 5 BOLOCNCK EIE SUPPORT ';e}4`�1`T 6 6 UNDISTURBED EARTH 10 6 12 7 w GATE VALVE DETAIL (TYP.) SCALE: NOT TO SCALE END CAP CASTLE CREEK SURFACE ELEV. = 98.0' ASSUMED INSTALL IN POOLED AREA OF STREAM BOULDERS /RIPRAP TO HELP SCREEN PIPE AND POOL WATER AS REO'D. (TIP.) TO CONCRETE WET WELL UP TO 12 "0 PVC WATER INTAKE LINE ASSEMBLE OR 8 "0 PVC W/ 8 LF W B" CERTAINTEED PVC WELL CASING. SLOT WIDTH-0.125". (AS SHOWN). INVERT ELEVATION T.B.D. DOTE: NO INTAKE PIPE JOINTS SHALL BE EXPOSED. SCREEN CAPACITY-T.B.D. PRE —CAST CONCRETE PIPE SUPPORT AS REO'D. RIVER BOTTOM UNKNOWN FIELD FIT INTAKE ELEVATIONS g PUMP STATION INTAKE 3 SCALE: NOT TO SCALE DATE: 06 20 t 3 PUMP STATION ,)oe NO. 324 -1.0 SHEET AND MISCELLANEOUS DETAILS ORAIN BY: EFM 1 3 OF 4 APPROVED BY; M.IF NOTE. "4 CONTROL PANEL SHALL BE PLACED HIGHER UP UP TO 12 PVC INTAKE SCREEN OR "O "0 " ON PROPERTY. COORDINATE WITH OWNER. 8 PVC & 8 CERTAINTEED PVC WELL CASING CAN BE WALL MOUNTED OR PLACED ON A 4' %4' SEE DETAIL THIS SHEET'.. CONCRETE PAD. CONTROL PANEL IS IB'NiDE % NOTE NOTE: PIPE PENETRATIONS N07 SHOWN 36' TALL X 16" DEEP ON 6" LEGS. 24" TO 30" C.I. MH RING FINISH GRADE TO DRAIN AND COVER WITH�AROUNO MANHOLE IN TRITE SEC110N. FOR I(LUSTRATMN ONLY PUMP• LOCKING HASP 6' TOPSOIL MINIMUM 6Bo a 8" OR 10' 100.0 91.0 EElIMI•lE9 PRECAST CONCRETE 4' TO 5'0 MANHOLE INFILTRATION GALLERY PATH BASE AND GASKETEO WALL PENETRATIONS ASTM C478 NOTES, I. CONTRACTOR SHALL COORDINATE ELECTRICAL REQUIREMENTS OF PROJECT 'NTH PUMP MANUFACTURER, ELECTRICAL SUBCONSULTANT. AND LOCAL UTILITY COMPANY TO PROVIDE ELECTRICAL SERVICE TO THE PUMP STATION. 3 PHASE ASSUMED AVAILABLE. 4 "0 HOPE DR17 PUMP DISCHARGE PIPELINE INVERT OUT = 97.03 ELEC. SERV. CONDUIT COMPAC ED SANDY LLAY NATIVE BACKFILL- • PROPOSED SUBMERSIBLE PUMP PUMP REQUIREMENTS T.B.D. PUMP STA. MAY INCLUDE VFO. PROVIDE WATER TIGHT PHASE CONVERTER MANHOLE RING JOINTS (TYP.) PROVIDE ON /OFF SWITCH IN CONTROL PANEL. AND PROVIDE TIMER AND FLOW METER. B" GRANULAR BASE AS REWIRED 2 ALL ELECTRICAL MATERIALS AND METHODS TO BE IN COMPLIANCE WITH LATEST EDITION OF NATIONAL ELECTRICAL CODE, STATE AND LOCAL COMES. 1 ALL EXPOSED CONDUITS TO BE GALVANIZED RIGID STEEL CONDUIT WITH THREADED FITTINGS CONDUIT BELOW GRADE TO BE SCHEDULE 40 PVC, TRANSITION TO GALVANIZED RIGID STEEL ELBOWS WHEN EMERGING FROM UNDERGROUND. ALL INDOOR EXPOSED CONDUITS TO BE GALVANIZED E.M.T. WITH COMPRESSION FITTINGS ALL CONDUIT TO BE U.L. LISTED. 4. POWER AND CONTROL CONDUCTORS TO BE STRANDED COPPER 75' C TYPE THWN/XHHW. U.L LISTED. 5. GROUND ALL NON— CURRENT CARRYING METALUC ENCLOSURES. CONDUITS, AND EQUIPMENT FRAMES IN ACCORDANCE WITH ARTICLE 250, N.E.C. 6. INSTALL PUMP VAULT COMPONENTS IN ACCORDANCE TO MANUFACTURER RECOMMENDATIONS, 7. EXCAVATE TO ELEVATIONS AND DIMENSIONS AS INDICATED ON DRAWINGS. ALLOW FOR ADDITIONAL SPACE AS REQUIRED FOR CONSTRUCTION OPERATIONS AND INSPECTION OF FOUNDATIONS. RED FIT FINAL ELEVATIONS. B. REMOVE ANY UNSUITABLE SUBGRADE SOILS, IF ENCOUNTERED. 9. LEVEL OFF BOTTOMS OF EXCAVATIONS TO RECEIVE EQUIPMENT SUPPORT PADS OR COMPACTED FILL. REMOVE ANY FROZEN, LOOSE. WET, OR SOFT SOILS PRIOR TO INSTALLATION. 10. PLACE B" MINIMUM OF GRANULAR FILL UNDER STRUCTURE AND COMPACT MATERIAL BY VIBRATORY ROLLER TO OBTAIN DESIRED DENSITY. ADDITIONAL THICKNESS MAY BE REQ'0. BY ROCKY MOUNTAIN VALVE. 11. PLACE FILL AND BACKFILL MATERIAL IN THIN LIFTS. USE ONLY HAND— OPERATED FOR FIWNG AND BACKFILMNG NEXT TO WALLS. PRELIMINARY DESIGN FOR REVIEW ONLY 12. COMPACTION DENSITY REQUIREMENTS: 1) INSIDE OF STRUCTURES UNDER FOUNDATIONS — I1003 OF ASTM D698, 2) OUTSIDE STRUCTURES NEXT TO WALLS — 95% OF ASTM D698: AND 3 OUTSIDE STRUCTURES UNDER EQUIP. SUPPORT FOUNDATIONS — 100% OF ASTM D698. 13. MOISTURE DENSITY TESTS ARE TO BE PERFORMED ONCE PER NOMINAL 50'X50' AREA OR 2.500 SO. FT. FOR EVERY TWO FEET OF FILL. 14, MOUNT CUSTOM CONTROL PANEL AS DIRECTED BY OWNER'S REPRESENTATIVE. 15. CUSTOM CONTROL PANEL TO INCLUDE THE FOLLOWING: -1) ON /OFF SWITCH 2) VARIABLE FREQUENCY DRIVE DIAL (T.B.D.) 16. PUMP EQUIPMENT CAN BE PURCHASED FROM 17. ALL WALL PENETRATIONS SHALL BE MODULAR MECHANICAL SEAL OF INTERLOCKING SYNTHETIC RUBBER BANDS. SIZE WALL PENETRATIONS ACCORDING TO SEAT. MANUFACTURER REQUIREMENTS FOR CARRIER PIPE OUTSIDE DIAMETER. 18. FOR WINTERIZATION OR PUMP MAINTENANCE. CLOSE INTAKE ISOLATION. VALVE AND PUMP OUT VAULT W/ SMALL DEWATERING PUMP. PROVIDE ELECTRICAL OUTLET INSIDE CONTROL PANEL 19. BURY 4 "0 DISCHARGE PIPELINE AND ELECTRICAL /CONTROL CONOUIT(S) IN COMMON TRENCH. BURY IN CLASS 6 ROADBASE OR 2" MINUS EXCAVATED MATERIAL DEPENDING ON SITE CONDITIONS. 2' COVER MINIMUM IN BURIED AREAS, PUMP STATION SCALE: NOT TO SCALE ®RESOURCE ASP PROPERTIES, LLC ASP PUMP & PIPELINE - 50% DESIGN vw 0MlfANA .art. � onw000 vmwm, co e�m� 000051 RUIE; GATE VALVES SHALL BE IRON BODY RESILIENT WEDGE, CONFORMING TO AWWA 0509 W/ BELL JOINT ENDS SUITABLE FOR PIPE SPECIFIED. CONTRACTOR MAY SUBSTTUT= VALVE TYPE WIN ENGINEER /OWNER APPROVAL C.I. VALVE BOX FINISH GRADE—\ [TP OP T RUSH T FI N. . GRADE OPERATNG NUT LURED VALE D W D pVC (IN) (IN) 2 -3 4 L > 4 5 CONCRETE SUPPORT jry)f 6 5 BLOCK UNOISTURBm EARTH ID 6 12 7 w GATE VALVE DETAIL (TYP.) SCALE: NOT TO SCALE CAP CASTLE CREEK SURFACE ELEV. = 98.0' ASSUMED INSTALL IN POOLED AREA OF STREAM BOULDERS /RIPRAP TO HELP SCREEN PIPE AND POOL WATER AS REO'0. (TYP.) TO CONCRETE WET WELL III 1 UP TO 12 "0 PVC WATER INTAKE LINE ASSEMBLE OR 8"0 PVC W/ B LF OF B" CERTAINTEED PVC WELL CASING. SLOT WIDTH= 0.135 ". (AS SHOWN). INVERT ELEVATION T.B.D. NOTE; NO INTAKE PIPE JOINTS SHALL BE EXPOSED. SCREEN CAPACITY = T.B.D. PRE —CAST CONCRETE PIPE SUPPORT AS REO'D. RIVER BOTTOM UNKNOWN FIELD FIT INTAKE ELEVATIONS. "g PUMP STATION INTAKE 3 SCALE: NOT TO SCALE DATE: 06 20 13 PUMP STATION JOB NO. 1-324 -70 SHEET AND MISCELLANEOUS DETAILS JORAWN BY: EFM 3 OF 4 APPROVED BY: MJE "4 UP TO 12 PVC INTAKE SCREEN OR "O "0 " 8 PVC & 8 CERTAINTEED PVC WELL CASING INVERT IN - T.B.D SEE DETAIL THIS SHEET'.. LIMITS CF EXCAVATION -- PUMP• (TYP.) 6Bo a _.. EElIMI•lE9 PRECAST CONCRETE 4' TO 5'0 MANHOLE INFILTRATION GALLERY PATH BASE AND GASKETEO WALL PENETRATIONS ASTM C478 NOTES, I. CONTRACTOR SHALL COORDINATE ELECTRICAL REQUIREMENTS OF PROJECT 'NTH PUMP MANUFACTURER, ELECTRICAL SUBCONSULTANT. AND LOCAL UTILITY COMPANY TO PROVIDE ELECTRICAL SERVICE TO THE PUMP STATION. 3 PHASE ASSUMED AVAILABLE. 4 "0 HOPE DR17 PUMP DISCHARGE PIPELINE INVERT OUT = 97.03 ELEC. SERV. CONDUIT COMPAC ED SANDY LLAY NATIVE BACKFILL- • PROPOSED SUBMERSIBLE PUMP PUMP REQUIREMENTS T.B.D. PUMP STA. MAY INCLUDE VFO. PROVIDE WATER TIGHT PHASE CONVERTER MANHOLE RING JOINTS (TYP.) PROVIDE ON /OFF SWITCH IN CONTROL PANEL. AND PROVIDE TIMER AND FLOW METER. B" GRANULAR BASE AS REWIRED 2 ALL ELECTRICAL MATERIALS AND METHODS TO BE IN COMPLIANCE WITH LATEST EDITION OF NATIONAL ELECTRICAL CODE, STATE AND LOCAL COMES. 1 ALL EXPOSED CONDUITS TO BE GALVANIZED RIGID STEEL CONDUIT WITH THREADED FITTINGS CONDUIT BELOW GRADE TO BE SCHEDULE 40 PVC, TRANSITION TO GALVANIZED RIGID STEEL ELBOWS WHEN EMERGING FROM UNDERGROUND. ALL INDOOR EXPOSED CONDUITS TO BE GALVANIZED E.M.T. WITH COMPRESSION FITTINGS ALL CONDUIT TO BE U.L. LISTED. 4. POWER AND CONTROL CONDUCTORS TO BE STRANDED COPPER 75' C TYPE THWN/XHHW. U.L LISTED. 5. GROUND ALL NON— CURRENT CARRYING METALUC ENCLOSURES. CONDUITS, AND EQUIPMENT FRAMES IN ACCORDANCE WITH ARTICLE 250, N.E.C. 6. INSTALL PUMP VAULT COMPONENTS IN ACCORDANCE TO MANUFACTURER RECOMMENDATIONS, 7. EXCAVATE TO ELEVATIONS AND DIMENSIONS AS INDICATED ON DRAWINGS. ALLOW FOR ADDITIONAL SPACE AS REQUIRED FOR CONSTRUCTION OPERATIONS AND INSPECTION OF FOUNDATIONS. RED FIT FINAL ELEVATIONS. B. REMOVE ANY UNSUITABLE SUBGRADE SOILS, IF ENCOUNTERED. 9. LEVEL OFF BOTTOMS OF EXCAVATIONS TO RECEIVE EQUIPMENT SUPPORT PADS OR COMPACTED FILL. REMOVE ANY FROZEN, LOOSE. WET, OR SOFT SOILS PRIOR TO INSTALLATION. 10. PLACE B" MINIMUM OF GRANULAR FILL UNDER STRUCTURE AND COMPACT MATERIAL BY VIBRATORY ROLLER TO OBTAIN DESIRED DENSITY. ADDITIONAL THICKNESS MAY BE REQ'0. BY ROCKY MOUNTAIN VALVE. 11. PLACE FILL AND BACKFILL MATERIAL IN THIN LIFTS. USE ONLY HAND— OPERATED FOR FIWNG AND BACKFILMNG NEXT TO WALLS. PRELIMINARY DESIGN FOR REVIEW ONLY 12. COMPACTION DENSITY REQUIREMENTS: 1) INSIDE OF STRUCTURES UNDER FOUNDATIONS — I1003 OF ASTM D698, 2) OUTSIDE STRUCTURES NEXT TO WALLS — 95% OF ASTM D698: AND 3 OUTSIDE STRUCTURES UNDER EQUIP. SUPPORT FOUNDATIONS — 100% OF ASTM D698. 13. MOISTURE DENSITY TESTS ARE TO BE PERFORMED ONCE PER NOMINAL 50'X50' AREA OR 2.500 SO. FT. FOR EVERY TWO FEET OF FILL. 14, MOUNT CUSTOM CONTROL PANEL AS DIRECTED BY OWNER'S REPRESENTATIVE. 15. CUSTOM CONTROL PANEL TO INCLUDE THE FOLLOWING: -1) ON /OFF SWITCH 2) VARIABLE FREQUENCY DRIVE DIAL (T.B.D.) 16. PUMP EQUIPMENT CAN BE PURCHASED FROM 17. ALL WALL PENETRATIONS SHALL BE MODULAR MECHANICAL SEAL OF INTERLOCKING SYNTHETIC RUBBER BANDS. SIZE WALL PENETRATIONS ACCORDING TO SEAT. MANUFACTURER REQUIREMENTS FOR CARRIER PIPE OUTSIDE DIAMETER. 18. FOR WINTERIZATION OR PUMP MAINTENANCE. CLOSE INTAKE ISOLATION. VALVE AND PUMP OUT VAULT W/ SMALL DEWATERING PUMP. PROVIDE ELECTRICAL OUTLET INSIDE CONTROL PANEL 19. BURY 4 "0 DISCHARGE PIPELINE AND ELECTRICAL /CONTROL CONOUIT(S) IN COMMON TRENCH. BURY IN CLASS 6 ROADBASE OR 2" MINUS EXCAVATED MATERIAL DEPENDING ON SITE CONDITIONS. 2' COVER MINIMUM IN BURIED AREAS, PUMP STATION SCALE: NOT TO SCALE ®RESOURCE ASP PROPERTIES, LLC ASP PUMP & PIPELINE - 50% DESIGN vw 0MlfANA .art. � onw000 vmwm, co e�m� 000051 RUIE; GATE VALVES SHALL BE IRON BODY RESILIENT WEDGE, CONFORMING TO AWWA 0509 W/ BELL JOINT ENDS SUITABLE FOR PIPE SPECIFIED. CONTRACTOR MAY SUBSTTUT= VALVE TYPE WIN ENGINEER /OWNER APPROVAL C.I. VALVE BOX FINISH GRADE—\ [TP OP T RUSH T FI N. . GRADE OPERATNG NUT LURED VALE D W D pVC (IN) (IN) 2 -3 4 L > 4 5 CONCRETE SUPPORT jry)f 6 5 BLOCK UNOISTURBm EARTH ID 6 12 7 w GATE VALVE DETAIL (TYP.) SCALE: NOT TO SCALE CAP CASTLE CREEK SURFACE ELEV. = 98.0' ASSUMED INSTALL IN POOLED AREA OF STREAM BOULDERS /RIPRAP TO HELP SCREEN PIPE AND POOL WATER AS REO'0. (TYP.) TO CONCRETE WET WELL III 1 UP TO 12 "0 PVC WATER INTAKE LINE ASSEMBLE OR 8"0 PVC W/ B LF OF B" CERTAINTEED PVC WELL CASING. SLOT WIDTH= 0.135 ". (AS SHOWN). INVERT ELEVATION T.B.D. NOTE; NO INTAKE PIPE JOINTS SHALL BE EXPOSED. SCREEN CAPACITY = T.B.D. PRE —CAST CONCRETE PIPE SUPPORT AS REO'D. RIVER BOTTOM UNKNOWN FIELD FIT INTAKE ELEVATIONS. "g PUMP STATION INTAKE 3 SCALE: NOT TO SCALE DATE: 06 20 13 PUMP STATION JOB NO. 1-324 -70 SHEET AND MISCELLANEOUS DETAILS JORAWN BY: EFM 3 OF 4 APPROVED BY: MJE DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO CA 959144922 REPLY TO ATTENTION OF September 18, 2013 Regulatory Division (SPK -2013- 00587) Mr. Charles Somers Asp Properties, LLC 5241 Arnold Avenue McClellan, California 95652 Dear Mr. Somers: We are responding to your request for a Department of the Army permit for the Somers residence driveway realignment and irrigation pump placement project. This project involves activities, including discharges of dredged or fill material, in waters of the United States for installation of an irrigation intake system, resulting in impacts to approx. 36 square feet of Castle Creek and 20 square feet of adjacent wetlands; and removal of an existing culvert and replacement with a full -span bridge, resulting in impacts to approx. 947 square feet of Sandy Creek. The project is located in Section 15, Township 10 South, Range 85 West, Sixth Principal Meridian, Latitude 39.088712 ° /Lo6gitude - 106.814825° (Area 1), and Latitude 39.0898600/- 106.8168050 (Area 2), Pitkin County, Colorado. Based on the information you provided, the proposed activity is authorized by Nationwide Permit (NWP) 29 - Residential Developments. Colorado Parks & Wildlife (CPW) has provided recommendations for best management practices to protect the fishery resource in Castle Creek. A copy of CPW's August 12, 2013 letter is enclosed for your reference. Your work must comply with the general terms and conditions listed on the enclosed NWP information sheets and Regional Conditions, and the following Special Conditions: To ensure your project complies with the Federal Endangered Species Act, you must implement all of the mitigating measures identified in the enclosed U.S. Fish and Wildlife Service Biological Opinion letter (FWS No. ES /GJ- 6- CO -99 -F- 033- CP130; TAILS 06E24100- 2013 -F -0200, dated September 6, 2013) and signed Recovery Agreement. If you are unable to implement any of these measures, you must immediately notify this office and the U.S. Fish and Wildlife Office, prior to initiating any work, so we may consult as appropriate in accordance with Federal law. 2. You shall conduct all Work affecting waters of the U.S. as described in your pre - construction notification documentation dated June 24 and August 9, 2013. Any modification that would incur additional impacts to waters of the U.S. must be coordinated with and approved by the Corps well in advance of construction. 000053 -3- Enclosures: 1. Biological Opinion and Recovery Agreement 2. August 12, 2013 CPW letter 3. NWP 29 Summary 4. NWP Regional Conditions for Colorado 5. Compliance Certification cc (w /o encl): Mr. Perry Will, Area Wildlife Manager, Colorado Parks and Wildlife, 0088 Wildlife Way, Glenwood Springs, Colorado 81601 Ms. Cindy Houben, Pitkin County Community Development Director, 130 S. Galena Street, 3rd Floor, Aspen, Colorado 81611 Mr. Steve D. Dahmer, Environmental Solutions, Inc., 600 CR 216, Rife, Colorado 81650 cc (via email): Joseph Edward, josephe(a cunniffe.com �0005A� v�v�ato�j7 p`A�N�NG iT+1 EnvironmentalSolutions.Inc. P�RM� ,S 600 CR 216 Rifle, Colorado 81650 wP`j6e t it I w tic 070) 625-1073 fax �zfG GG�e cm. I I 1. +clulmu�rwIncrilcn_ coil I August 9, 3013 Lesley McWhirter U.S. Army Corps of Engineers Colorado /Gunnison Basin Regulatory Office 400 Rood Ave., Room 134 Grand Junction, CO 81501-2563 Lesley: 'file following information is provided in response to your July 22, 3013 email request for additional information on the Asp Properties Somers' Residence permit application. The responses below appear in the order of your original questions. Wetland Delineation: I. Figures 2, 3, 4 and M have been revised to more clearly indicate the extent of Waters in the investigation areas. Additional field work and surveying was completed at the Area I location to delineate the OHWM in order to clearly separate and define Waters from wetlands in that area. The square footage of associated impacts have been refined appropriately, and noted on the revised figures (attached). Map Figure 4 accurately reflects the extent of the OHWM in Area 2 along Sande Creek. As noted in the JD report, the Sandy Creek channel is a very steep, deeply entrenched, Rosgen Aa- channel with little more than scattered moss clinging to a boulder - cobble channel substrate. Pump Intake —Area I: I. Water Depletions: The pump and pipeline diversion will be used to irrigate approximately 3 acres of landscape area during the May through September irrigation season. The annual diversion is estimated by Resource Engineering at 7 acre -feet per year. Of this amount, 5.5 acre -feet will be consumed by the plants and 1.5 acre-feet will return to the stream. 2. The pump and pipeline will not be used to fill a pond. 3. Recovery Agreement: Signed agreement is attached. 4. Impacts clarification: Figures 2 and 3 have been amended to clarify the distinction between impacts to Waters and those occurring in wetlands. '['here will he 36 SF/0.0008 AC of impacts to Waters within the streambed of Castle Creek for the installation of the intake pipeline /filter screen system. The type of Waters is classified as a perennial stream, which is tributary to a TN W. The intake pipeline will feed a concrete wel -well which louses the pump system. '[ his wet -well will impact 19.6 SF /0.0004 AC of wetland above the OH WM. This is an unavoidable impact due to topographical constraints. Impacts have been minimized to the extent possible by locating the wet - well at the narrowest end of the wetland area at the toe of the steep embankment. The specific site is on a level bench, covered with pine needles and avoid disturbance to the mature existing trees and shrubs on the site. 5. Design Plans: Figure 3 and Sheets 14 from Resource Engineering detail the planned design of the structure. The OHWM has been added to the revised Figure 3 (attached) to distinguish Waters from wetlands impacts. Sheets 1 -4 have not changed. 6. Fish Entrainment Avoidance: Sheets 2 & 3 from Resource Engineering show the intake pipeline will be buried -2 feet deep in the alluvium of Castle Creek. The pipe will also be fitted with a sediment screen. Because the intake is buried in the streambed and surrounded by sediment screen, there is no way for fish to enter the system or be entrapped in any way. 000055 7. 13MPs & Erosion /turbidity Control: the design presented under the permit application is preliminary. Specific BMPs and erosion control measures will he specified during final design and can incorporate any USACE requirement as well as Pitkin County requirements. However. Construction would occur under low -flow conditions and only a small area of the stream bank is proposed to be disturbed (< 20 SF). Further, the intake pipeline will be buried in the alluvium below the OHWM. We (Resource Engineering) believe that this area can be isolated with sandbags and dewatered. We (Resource Engineering) believe the use of a coffer dam is not needed. The use of straw bales and filter fabric down gradient of the disturbed areas will help prevent sediment transport downstream. The stream bank can be benched at a 1:1 slope and stabilized with native rack /boulders at the same grade and elevation. All other disturbed areas would be reseeded with a County approved seed mix. Please see Sheet 4 of the drawings for additional notes with regards to dewaterinu. 8. 1 contacted Perry Will, Area Wildlife Manager at Colorado Parks and Wildlife. fie referred me to his fisheries biologist Kendall Bakich. 1 contacted Kendall, but due to her field -work time constraints. she referred me to Taylor Elm, information officer for CPW. Taylor assured me today that C'PW has reviewed the project and prepared comments, which they will send directly to you. 9. Irrigation Pump Intake, Water Diversions and Effects: A newjunior water right will be adjudicated through Water Court for the ASP Pump and Pipeline diversion from Castle Creek. The junior water right will be subject to call by senior water rights on Castle Creek and downstream on the Colorado River. ASP properties may develop a Water Court approved Plan for Augmentation to allow the Pump and Pipeline to divert during times of a senior call by delivering replacement water to the stream above the calling right. The pump station will divert water from Castle Creek at a rate of up to 75 gallons per minute (gpm) for irrigation of up to 3 acres of landscape area. The annual volume of pumping is estimated at 7 acre -feet, of which 5.5 acre -feet will be consumed by the plants and 1.5 acre feet will be returned to the stream system. The average and dry-year Flows in Castle Creek at the property are 65134 cfs in May, 178/65 cfs in June, 109/24 cfs in July, 45/18 cfs in August, and 29/15 cfs in September based on the nearby CISGS Castle Creek above Aspen stream gaging station. When the ASP pump station is operating the 75 gpm (0. 167 cfs) diversion is 033 percent of the dry year streamflow in June and one percent of the dry year streanrtlow in September. The pump station will operate an average of 4 hours per day during the irrigation season. Some days it may operate for 8 hours and some days it will not operate at ail. The ASP Pump and Pipeline structure will have a di mininms effect on the stream flows in Castle Creek and will not change the depth, velocity, temperature or chemistry of Castle Creek, Culvert Replacement /Span Bridge - -Area 2 I. OHWM: The original Figure 4 is an accurate depiction of the extent of Waters orthe U.S. along Sandy Creek as noted in the JD report. I modified the labels on the figure to clarify. 2. Bank Stabilization: The bridge has been designed to span thejurisdictional area and avoid impacts to the Sandy Creek channel. No bank stabilization measures that would encroach on the jurisdictional area are anticipated. 3. Project Mitigation —Area 2 Restoration Details: Responses are provided per your August I email clarification. a. Existing Channel Dimensions: The channel is a very steep ( —)8% slope) Aa- channel according to the Rosgen classification system. It is comprised of a step -pool morphology, deeply- entrenched, with numerous waterfalls and chutes plunging into assorted scour pools. Channel width between the 011WM averages 16.5 feet, but ranges from 10-25 feet in places. From field observations, Resource Engineering personnel estimate a low -Bow range from I- 2 cfs, depending on the year. There is no gauge on Sandy Creek, therefore there is no readily available data to estimate peak runoff flows, but based on the channel geomorphology and scour evidence, peak flows are significant. b. Why is Proposed grade lower than existing: Because the existing grade denotes the driveway crossing and the till /culvert in the channel. The proposed grade removes all that fill, thus lowering the profile significantly. c. Figure M and channel width: The original Figure M was an artistic rendition from the landscape architect detailing the proposed plunge pool construction design. It did not show 00005, E the adjacent upstream or downstream jurisdictional channel width, and only had figurative water lines to represent the channel. I have merged the artist's drawing with the survey points in the revised Figure M (attached) to clearly demonstrate the bridge span in relation to file Of I WM. The landscape architect also revised the plunge pool scale appropriate to the jurisdictional channel width. I also added the bridge span to Figure 4 for clear reference to the jurisdictional area and to provide an accurate depiction of the channel width through the upstream and downstream stretches. The proposed plunge pools will not exceed the existing jurisdictional width range of the stream segment. and no pond is proposed. d. Fishery in Sandy Creek: As noted above, laylor film at CPW will provide agency comments directly to you. e. Regional Condition 2: phis condition is met for both fisheries and other aquatic litc forms, including aquatic insects and amphibians. Amphibians in particular stand to benefit from this project by removing a 40 -foot section of impassable CMP culvert. which currently forces amphibians to traverse steep upland terrain and cross it road, exposing them to multiple mortality factors. ]'he bridge will span the entirety of the stream corridor allowing all aquatic life forms to trove 1'reely in both directions entirely within the corridor without exposure to road crossing and upland areas. Finally. in revising map Picture 4, 1 discovered an inadvertent mistake. The original figure and wetland JD report (page 2, -) paragraph) indicate Area 2 contains 0,06 acres (2579 SF) of Waters. I lowever, this calculation included the existing culverted road crossing, which is actually upland. The revised calculation reveals 1632 SP (0.037 AC) of existing Waters, with 947 SP being the filled area under the road crossing. This will be the 947 SP to be restored with the removal of the culvert. Please contact me if you have any further questions. Sincerely. Steve D. ahnter Fuel. 000057 � o ` "• �; _i \ III W \ Q V J I+ W \ LL LL — L a la VJ u F m \ a Z L L IS co PF /i y � I 6 A � • P2 a Q � �O, yd 20 k Iz 00005) � N � V � � y N a • e J J Od — u - W � 7 Z LL Q� v ' a U ,A z Oy Y S a y � I 6 A � • P2 a Q � �O, yd 20 k Iz 00005) 00 006 3 CD Mir 0 i *w It. * an i► R � •. % eki 4L RECOVERY AGREEMENT This RECOVERY AGREEMENT is entered into this S day of 2 o 13 . by and between the United States Fish and Wildlife Service (Service) and t time of Water User ( Water User). WHEREAS, in 1988. the Secretary of Interior, the Governors of Wyoming, Colorado and Utah. and the Administrator of the Western Area Power Administration siened a Cooperative Agreement to implement the Recovery Implementation Program for Endangered Fish Species in the Upper Colorado River Basin (Recovery Program); and WHEREAS. the Recovery Program is intended to recover the endangered fish while providing for water development in the Upper Basin to proceed in compliance with state law, interstate compacts and the Endangered Species Act; and WHEREAS, the Colorado Water Congress has passed a resolution supporting the Recovery Program; and WHEREAS, on December 20. 1999, the Service issued a programmatic biological opinion (1999 Opinion) concluding that implementation of specified elements of the Recovery Action Plan (Recovery Elements), along with existing and a specified amount of new depletions, are not likely to jeopardize the continued existence of the endangered fish or adversely modify their critical habitat in the Colorado River subbasin within Colorado, exclusive of the Gunnison River subbasin; and WHEREAS, the 1999 Opinion in the section entitled "Reinitiation Notice" divided depletions into Category I or Category 2 for reinitiation purposes; and WHEREAS, Water User is the choose one: oN%ner /operator /cone actor of name of «titer project or projects (Water Project), which causes or will cause depletions to the Colorado River subbasin within Colorado, exclusive of the Gunnison River subbasin; and WHEREAS, Water User desires certainty that its depletions can occur consistent with section 7 and section 9 of the Endangered Species Act (ESA); and WHEREAS, the Service desires a conunitment from Water User to the Recovery Program so that the Program can actually be implemented to recover the endangered fish and to carry out the Recovery Elements. 000062 NOW THEREFORE, Water User and the Service agree as follows 1. The Service agrees that implementation of the Recovery Elements specified in the 1999 Opinion will avoid the likelihood of jeopardy and adverse modification under section 7 of the ESA, for depletion impacts caused by Water User' s Water Project. Any consultations under section 7 regarding Water Project' s depletions are to be governed by the provisions of the 1999 Opinion. The Service agrees that, except as provided in the 1999 Opinion, no other measure or action shall be required or imposed on Water Project to comply with section 7 or section 9 of the ESA with regard to Water Project' s depletion impacts or other impacts covered by the 1999 Opinion. Water User is entitled to rely on this Agreement in making the commitment described in paragraph 2. 2. Water User agrees not to take any action which would probably prevent the implementation of the Recovery Elements. To the extent implementing the Recovery Elements requires active cooperation by Water User, Water User agrees to take reasonable actions required to implement those Recovery Elements. Water User will not be required to take any action that would violate its decrees or the statutory authorization for Water Project, or any applicable limits on Water User' s legal authority. Water User will not be precluded from undertaking good faith negotiations over terms and conditions applicable to implementation of the Recovery Elements. 3. If the Service believes that Water User has violated paragraph 2 of this Recovery Agreement, the Service shall notify both Water User and the Management Committee of the Recovery Program. Water User and the Management Committee shall have a reasonable opportunity to comment to the Service regarding the existence of a violation and to recommend remedies, if appropriate. The Service will consider the comments of Water User and the comments and recommendations of the Management Committee, but retains the authority to determine the existence of a violation. If the Service reasonably determines that a violation has occurred and will not be remedied by Water User despite an opportunity to do so, the Service may request reinitiation of consultation on Water Project without reinitiating other consultations as would otherwise be required by the "Reinitiation Notice" section of the 1999 Opinion. In that event, the Water Project' s depletions would be excluded from the depletions covered by 1999 Opinion and the protection provided by the Incidental Take Statement. 4. Nothing in this Recovery Agreement shall be deemed to affect the authorized purposes of Water User' s Water Project or The Service statutory authority. 5. The signing of this Recovery Agreement does not constitute any admission by Water User regarding the application of the ESA to the depletions of Water User' s Water Project. The signing of this Recovery Agreement does not constitute any agreement by either party as to whether the flow recommendations for the 15 -mile reach described in the 1999 Opinion are biologically or hydrologically necessary to recover the endangered fish. Individual Recovery Agreement may be changed to fit specific circumstances. 000063 6. This Recovery Agreement shall be in effect until one of the following occurs. a. The Service removes the listed species in the Upper Colorado River Basin from the endangered or threatened species list and determines that the Recovery Elements are no longer needed to prevent the species from being relisted under the ESA; or b. The Service determines that the Recovery Elements are no longer needed to recover or offset the likelihood of jeopardy to the listed species in the Upper Colorado River Basin; or c. The Service declares that the endangered fish in the Upper Colorado River Basin are extinct; or d. Federal legislation is passed or federal regulatory action is taken that negates the need for for eliminates] the Recovery Program, 7. Water User may withdraw from this Recovery Agreement upon written notice to the Service. If Water User withdraws, the Service may request reinitiation of consultation on Water Project without reinitiating other consultations as would otherwise be required by the "Reinitiation Notice" section of the 1999 Opinion. Western Colorado Supervisor U.S. Fish and Wildlife Service 000064 Dates Date 000065 COLORADO PARKS & WILDLIFE 0088 Wildlife Way • Glenwood Springs, Colorado 81601 Phone (970) 947 -2920 • FAX (970) 947 -2936 wildlife state.co.us • parks.state.co.us August 12, 2013 Steve Dahmer Environmental Solutions, Inc. 600 County Road 216 Rifle, CO 81650 RE: Castle Creek /Sandy Creek 404 Project Permit Steve. Colorado Parks and Wildlife (CPW) personnel have reviewed the proposed projects on Sandy Creek and Castle Creek. Aquatic surveys conducted by CPW biologists on Castle Creek have discovered brook trout, rainbow trout, and mottled sculpin. While surveys have not been conducted for Sandy Creek, the presence of brook trout and rainbow trout are highly likely, especially in the lower reaches. Brook trout and rainbow trout are popular sport fish for anglers in this region and the following BMPs are recommended by CPW to protect this resource: • Disinfect heavy equipment, hand tools, boots and any other equipment that was previously used in a river. stream, lake, pond, or wetland prior to moving the equipment to another water body. The disinfection practice should follow this outline: a. Remove all mud and debris from equipment and spray /soak equipment with a 1:15 solution of disinfection solution containing the following ingredients: • Dialkyl dimethyl ammonium chloride, 5 -10% by weight; • Alkyl dimethyl benzyl ammonium chloride, 5 -10°6 by weight; • Nonyl phenol ethoxylate, 5 -10% by weight; • Sodium sesquicarbonate, 1 -5%; • Ethyl alcohol, 1 -5 %; and • Tetrasodium ethylene diaminetetraacetate, 1 -5 %; • and water, keeping the equipment moist for at least 10 minutes and managing rinsate as a solid waste in accordance with local, county, state, or federal regulations: or b. Spray /soak equipment with water greater than 140 degrees Fahrenheit for at least 10 minutes. STATE OF COLORADO John W Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wddlife Parks and Widlife Commission. Robert W. Bray • Chris Castilian • Jeanne Home Bill Kane, Vice-Chair • Gaspar Penimne • James PrIM • John Singletary, Chair Mark Smith, Secretary • James Vigil • Dean Wingfield • Michelle Zimmerman Ex Officio Members Mike King and John Salazar • Conduct in- channel construction between the dates of August 1 and September 30 to effectively avoid disruption to trout spawning behavior and activity. • Minimize the release of fine sediment by constructing a coffer dam, or appropriate screening mechanisms, to contain sediment generated from in- stream constriction. Additionally, avoid flushing trapped sediment downstream during removal of the coffer dam upon project completion. With the aforementioned conditions, CPW has no objections to the proposed projects on Castle Creek and Sandy Creek. Please notify CPW staff within two weeks of commencing in- stream work at these locations. If any further questions arise, or need for additional information please don't hesitate to contact Taylor Elm, Land Use Specialist at (970) 947- 2971 or District Wildlife Manager, Kevin Wright at (970) 947 -2938. Sincerely, erry Will ea Wildlife Manager Cc. Lesley McWhirter, USACE Project Manager Kevin Wright, CPW District Wildlife Manager Kendall Bakich, CPW Aquatic Biologist Taylor Elm, CPW Land Use Specialist File STATE OF COLORADO John W. Hickenlooper, Governor • Mike King, Executive Director, Department of Natural Resources Rick D. Cables, Director, Colorado Parks and Wildlife Parks and Wildlife Commission, David R. Brougham • Gary Butterworth, Vice -Chain Chris Castilian Dorothea Farris • Tim Glenn, Chair • Allan Jones • Bill Kane • Gaspar Pemcone • Jim Pribyl • John Singletary �+ a Mark Smith, Secretary • Robert Streeter • Lenna Watson • Dean Wingfield G 0 0 0 U 6 Ex Officio Members: Mike King and John Salazar PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and Asp Properties, LLC clo Charles Somers, Manager (hereinafter APPLICANT) AGREE AS FOLLOWS 1 APPLICANT has submitted to COUNTY an application for Minor Amendment of an Approved Site Plan (hereinafter. THE PROJECT) 2. APPLICANT understands and agrees that Pitkin County Ordinance No 030 -2009 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness The fee structure is based on the County's policy that development shall pay. in full, the cost of development review in 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 oublic 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 $936.00which is based on 3 hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20 %, then the COUNTY will bill the APPLICANT quarterly for the additional time spent Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing PITKIN COUNTY APPLICANT Cindy Houben Community Development Director Effeclive 1/26110 G county\adminlforms \ agreeivent to pay 000067 Asp Properties, LLC. Charles Somers, Manager Signature Date: Mailing Address: Asp Properties. LLC 5241 Arnold Avenue McClelland. CA 95652 11011 200(4- 181 -01 -001 EXHIBIT 6 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 (970) 920 -5526 FAX# (970) 920 -5439 October 18, 2013 Mitch Haas 201 North Mill Street, Suite #108 Aspen, CO 81611 mitch @hlpaspen.com Re: ASP Properties LLC Minor Amendment (CASE P089 -13; PID 2909 - 183 -01 -001) Dear Mr. Haas: 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 Shiles Administrative Assistant PITKIN AUNTY COMMUNITY DEVELDMENT Permit Receipt RECEIPT NUMBER 00034834 Name: CHARLES CUNNIFFEARCHITECTS Date: 10/10/2013 Project Address: 8475 CASTLE CREEK RD Type: check # 35133 Permit Number Fee Description 0089 2013.PLAN PP- Flat Fee Amount 936.00 Total 936.00 31 4EN,❑ Piant Lents 4 -mss a • i Ab mot 0 1Q 1 0 � r< imom , ml IS 0 Ll up a r_ t_ J L. G J • O�z //-4 L ro u C _I L J