HomeMy WebLinkAboutpitkin.bldg.273522200005 (2011)DOCUMENT
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Certificate of Occupancy or Letter of Completion
Permits
Final Inspections
Any Supporting Documents
Site Plans
(NOTE: -All structural plans will be grayed out. If you require the ability to see structural
plans, you must have a letter from the owner stating you are allowed to have plans. This
letter must be submitted to Pitkin County Community Development Department)
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CLEARING, GRUBBING AND EARTHMOVING PERMIT APPLICATION
130 S Galena Street. Aspen, CO 81611 11 II
970-920-5526 Fax970-920-5439 Permit # C Lt 0.
Receipt III
VALID PERMIT MUST BE KEPT ON SITE AT ALL TIMES
Permit valid for one year unless otherwise specified.
i. Job Address:
Iii,3 v 1 -(.EY Ofe_\'JE
2. Legal description of property:
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3. Owner(s)'s Name: Contact Number. Mailing Address:
MES 1J %%,/� llG
4. Owner's Authorized Agent: Contact Number: Mailing Address:
N1 P yz-k 1N�\t-"tJ L� A'V +SRT -3 l �b oo E - JJ v foto
5. Contractor's Name: ` Contact Number: Mailing Address:
G \s C\ -Z-3 - 5 It s q
6. Architect or Engineer on Record: Contact Number: Mailing Address:
M>t� vcz s o.IC �mH ; -1o04
7. Parcel ID number of property where 0 r will occ,uc
Check http://www.aspenpitkin,wm/Departments/Asseswr or call the
-+ 3 5 `iaDL t�l d1J OS
Pitkin County Assessor's Office at 970-920-5160 for the parcel ID number.
8. Property also known as: (Provide a detailed map showing the location at legible scale)
Vic-
9. Lrd
ps�approval number(s):
10. Type of work:
Berm(s) Trench(es) Trail(s) Undergrounding Utilities
Ponds (s) or other water diversion(s) Clearing/Grubbing Site Grading
Other: peESTh2s bOPA,WAttS CL6WQZ.L-
11. Type of material to be excavated or placed on property: I" L Olt S t
11 a. Material will be brought from: 11b. Is the material possibly contaminated? Yes No
t 1c. Excavated material will be taken to:
12. Description of work: F- ti g—L-
Total acreage or square footage of disturbance: J,-/— 'TOS s ,
Total cubic yards of material moved: '} — O .
Max cut depth: r Max fill depth: 17. �
13. Will the project result in disturbance of z 1 acre of land? Yes No
13a. If you answered "Yes", submit a copy of your state Construction Storrnwater Permit or R -Factor waiver. Information on this permit is
available at: http:/ANww.cdphe.state.co.us/wq/PermRsUnittstormwaterlmnstruction.htmi.
14. Is any portion of the project already complete? _ Y- If yes, give reason and date(s) of prior construction activity.
' EE h'CS CiM L
15. Will the project disturb/result in removal of any vegetation? Yes No�_
15a. If you answered "Yes" submit a revegetabon plan, including a plant list with scientific names of species, planting schedule and method
of irrigation. The County's Revegetation Guidelines are available at: http://www.aspenpdkin.com/Departments/Public-Works/Land-
Management. _
J
15b. How will you prevent the establishment of noxious weeds at the project?
16. Will the project result in disturbance of any wetlands or riparian areas? Yes No
16a. If you answered "Yes", submit a description of your revegetationlmitigation plan, including a plant list with scientific names of species,
planting schedule and method of irrigation. Also submit a copy of your U.S. Army Corps of Engineers Sec. 404 permit in connection wi
any disturbance of "jurisdictional waters" of the U.S. Contact the U.S. Army Corps of Engineers in Grand Junction (970-243-1199) for
information on Sec. 404 permit requirements.
Earthmoving Permit -2011 xis olLTO
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17. Will the project involve work in the Pitkin County Right of Way? Yes No_)l
17a. If you answered "Yes" a County Right of Way Work Permit must be obtained prior to commencing work. Information on this permit is
available at: http:/Aw .aspenpitkin.mmfDepartments/Publio-Works/Engineering-Road-Bridge or by calling Public Works at 970-920-
18. Will the project disturb/involve work in the 100 -year flood plain? Yes No
18a. If you answered "Yes" a County Floodplain Development Permit must be obtained prior to commencing work. Information on this permit
is available at: hfp:/Iv w .aspenpitkin.com/Departments/Community-Development-Pitkin-County/Planning-and-Zoning/Land-Use-
Engineering/.
Having carefully read the requirements, I (Applicant) hereby agree to the terms and conditions described within. This form Is a permit
only when validated by County staff. Work started without a permit will be subject to Pitkin County enforcement action and charged
double permit fees.
19. Si nature
Applicant:
\ 4 Wwd- UP
19a. Date:
`�- - 1 Q
20. Signature of Property Owner(s):
20a. Date:
FOR STAFF USE ONLY DO NOT WRITE BELOW THIS
LINE):
21. Additional Terms and Conditions of Permit (check all that apply):
At the time of issuance of this permit you are required to post $ as financial security to ensure successful
completion of your revegetaflon plan. These monies will be held for two growing seasons from the date of completion of the project and
will only be released at that timed a she visit by Pitkin County Zoning confirms that successful revegetation has been accomplished.
Applicant is obligated to contact Pitkin County Zoning (970-429-2799) to schedule the required two-year site visit. The monies will be
forfeited if successful revegetation is not confirmed after two growing seasons, or if Applicant fails to timely schedule the required site
visit.
Documentation of decreed water rights is required.
_ Documentation of State Engineer approval of a jurisdictional sized dam, or documentation of filing of a Notice of Intent to
Construct a Non -Jurisdictional Water Impoundment Structure (in the case of non -jurisdictional size dam) Is required.
Other:
Minor Clearing, Grading. Grubbing and Earthmoving Permit Application (less than 10 Y): 5415.00
(Flat fee due at submittal)
.Q� V
Major Clearing, Grading, Grubbing and Earthmoving Permit Application (more than 100 cy): $643.00
(Flat fee due at submittal)
The following additional referral fees may be required to be paid prior to issuance of this permit for major projects:
County Engineer Referral Fee: 225
Additional Flat Fee for Applications Involving Large Scale Undergrounding of Utilities & Earthmoving Pmjects3225
You will also be invoiced by Pitkin County Staff for any review and follow up inspection time exceeding 3 hours at a rate of $150/hr.
Date Permit Application
8
Permit Flat Fee (due at submittal). _ Check H
Received:
(9/I I
Additional Fees (due at issuance).U l S Check q
Date Permit Issued:
O ''
TOTAL FEE (no refunds):/P
22. Staff Comments:
23. Approved by Pitkin County Engineer (if req'd):
23a. Date:
24. Approve y Pitkin County reveget 'on specialist:
24a. Date.
25. Ap my PI nin
25a. Dale.
Earthmoving Permit 2011.xis 8.1.11
000002
Susan Pearson
From: Jim Flint [jimflint@me.com]
Sent: Friday, May 25, 2012 2:58 PM
To: Susan Pearson
Subject: Re: Bulkley Remediation Project, 160 Bulkley
Thank you, Susan.
Have a nice memorial day weekend.
With appreciation,
Jim Flint
Sent from my iPhone
On May 25, 2012, at 4:41 PM, Susan Pearson <Susan.Pearsongco.pitkin.co.us> wrote:
> Hi Jim,
> 1 have photographed and inspected the Bulkley remediation site. This
> inspection took place on 5/23/2012.
> Per the Bulkely Notice of Violation dated 7/29/2012, and subsequent
> agreement dated 8/19/2011, memorialized in the form of an Earthmoving
> Permit dated 11/4/2011; the work to be completed on this site is
> referred to as:
> Option #2, which was to restore the intermittent stream bed and
> drainage channel back to the condition which existed
> * following the debris flow event of July 18, 2011
> and
> * prior to Mr. Bulkey making modifications to the stream bed
> It is the opinion of this office that the intermittent stream bed on
> the Bulkley property has been restored to the agreed upon conditions.
> That being said, I would like to remind all parties that this is a
> sensitive area and the existing new vegetation must continue to be
> nurtured for better coverage and continued growth. In addition, weed
> maintenance must be an on-going practice during the next few years
> because weed growth can out -compete new growth quite easily.
> Thank you to everyone involved in this project Susan Pearson
> Zoning Officer, Certified Flood Plain Manager, Revegetation Specialist
> Pitkin County, Community Development
> 130 S. Galena Street, Aspen, CO 81611
> Cell: 970.618-9963
> Phone: 970.429.2799
> Fax: 970.920.5439
> Susan.Pearsongco.pitkin.co.us
> -----Original Message-----
• From: Jim Flint [mailto:jimflint@me.com]
> Sent: Friday, May 25, 2012 5:08 AM
> To: Susan Pearson
> Cc: Kate Bulkley; Kit Bulkley
1
> Subject: Bulkley Remediation Project
>
> Hello Susan,
> Jim Flint checking in here again to see if you got emails from me and
> from Matt Webster about taking a look at the Bulkley Remediation
> project. I and the rest of my family are eager to fulfill our
> obligations to the county and put this trouble behind us.
> Thank you,
> Jim Flint
> On May 18, 2012, at 4:14 PM, Matt Webster wrote:
>> Susan,
>> Per Jim's email below, the repair work has been done within the
> general recommendations made by SGM. Let me know how you want to
> proceed in approving this work.
>> If you get a chance to take a look, we can discuss when we meet on the
> Music School permit information next week.
>> Thanks,
>> Matt Webster
>> Engineering Manager
>> -----Original Message-----
» From: Jim Flint [mailto:jimflint@me.coml
>> Sent: Thursday, May 17, 2012 3:09 PM
>> To: Susan Pearson
>> Cc: Matt Webster
>> Subject: Bulkley Remediation Project
>> Hello Susan,
>> It was nice meeting you three weeks ago. I hope you have returned
> refreshed from your vacation.
>> I just met with Matt Webster and he says that he thinks we are ready
> for you to come have a look at the work we have done to bring ourselves
> into compliance with the county's wishes.
>> I am heading back to Massachusetts mid day on Friday (Tomorrow) but my
> mother Kit is home and she has been alerted that you might come and take
> a look a the work.
>> Please let me know when you can schedule in a site visit.
>> Thank you and best wishes,
2
000"
>> Jim Flint on behalf of Jim Bulkley
> Email secured by Check Point
Email secured by Check Point
Susan Pearson
To: Jim Flint
Cc: Kate Bulkley; Kit Bulkley; Matt Webster; Lance Clarke, David Hach; Mark Hamilton
Subject: RE: Bulkley Remediation Project, 160 Bulkley
Hi Jim,
1 have photographed and inspected the Bulkley remediation site. This inspection took place on 5/23/2012.
Per the Bulkely Notice of Violation dated 7/29/2012, and subsequent agreement dated 8/19/2011, memorialized in the form of
an Earthmoving Permit dated 11/4/2011; the work to be completed on this site is referred to as:
Option #2, which was to restore the intermittent stream bed and drainage channel back to the condition which existed
* following the debris flow event of July 18, 2011
and
* prior to Mr. Bulkey making modifications to the stream bed
It is the opinion of this office that the intermittent stream bed on the Bulkley property has been restored to the agreed upon
conditions.
That being said, I would like to remind all parties that this is a sensitive area and the existing new vegetation must continue to
be nurtured for better coverage and continued growth. In addition, weed maintenance must be an on-going practice during the
next few years because weed growth can out -compete new growth quite easily.
Thank you to everyone involved in this project Susan Pearson
Zoning Officer, Certified Flood Plain Manager, Revegetation Specialist
Pitkin County, Community Development
130 S. Galena Street, Aspen, CO 81611
Cell: 970.618-9963
Phone: 970.429.2799
Fax: 970.920.5439
Susan.Pearsonkco.pitkin.co.us
-----Original Message -----
From: Jim Flint [mailto:jimflint@me.com]
Sent: Friday, May 25, 2012 5:08 AM
To: Susan Pearson
Cc: Kate Bulkley; Kit Bulkley
Subject: Bulkley Remediation Project
Hello Susan,
Jim Flint checking in here again to see if you got emails from me and from Matt Webster about taking a look at the Bulkley
Remediation project. I and the rest of my family are eager to fulfill our obligations to the county and put this trouble behind us.
Thank you,
Jim Flint
On May 18, 2012, at 4:14 PM, Matt Webster wrote:
00000U
> Susan,
> Per Jim's email below, the repair work has been done within the general recommendations made by SGM. Let me know how
you want to proceed in approving this work.
> If you get a chance to take a look, we can discuss when we meet on the Music School permit information next week
> Thanks,
> Matt Webster
> Engineering Manager
> -----Original Message-----
> From: Jim Flint [mailto:jimflint@me.comj
> Sent: Thursday, May 17, 2012 3:09 PM
> To: Susan Pearson
> Cc: Matt Webster
> Subject: Bulkley Remediation Project
> Hello Susan,
> It was nice meeting you three weeks ago. I hope you have returned refreshed from your vacation.
> I just met with Matt Webster and he says that he thinks we are ready for you to come have a look at the work we have done to
bring ourselves into compliance with the county's wishes.
> I am heading back to Massachusetts mid day on Friday (Tomorrow) but my mother Kit is home and she has been alerted that
you might come and take a look a the work.
> Please let me know when you can schedule in a site visit.
> Thank you and best wishes,
> Jim Flint on behalf of Jim Bulkley
Email secured by Check Point
000001
Susan Pearson
From:
Matt Webster [MattW@sgm-inc.com]
Sent:
Friday, August 26, 2011 12:24 PM
To:
Susan Pearson; Lance Clarke
Cc:
Mark Hamilton
Subject:
Bulkley NOV
Attachments:
Bulkley NOV Response - 2011-08-26.pdf
Susan and Lance,
Per our conversation earlier this week, attached is our revised response to the Notice of Violation for Jim and Kit Bulkley,
160 Bulkley Drive.
Please let me know if you have any questions or if I can be of further assistance.
Thanks,
Matt Webster
Engineering Manager
Direct Dial: 970-384-9019
SCHMUESEP 06ROON MEYER
ENGIN EE As SURVEY DRi
1 1 8 WEST SixTH $-rREEr. STE 200
GLENWOOo SPRINGS, CO 81601
Q70945,1004
970.945.5948 rex
W W W. a o M- i N C. C O M
Find us on Facebook
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SCHMUESER I GORDON I MEYER GLENWOoO SPRINGS
E N G I N E E R S S U R V E Y O R S 1 1 8 WEST Slx STREET. SUITE 200
GLENINOOD SPRINGS, CO 81501
970.945. 1004
970.945.5948 RAx
August 26, 2011
Susan Pearson
Zoning Officer
Pitkin County Community Development Department
130 S. Galena Street
Aspen, CO 81611
RE: 160 Bulkley Drive Notice of Violation
Dear Susan:
Pitkin County issued a Notice of Violation to Jim and Kit Bulkley (the "Bulkleys") on July 29,
2011 related to changes made to the portion of the intermittent channel originating on the
Celestial Land Co property that crosses through the Bulkleys' property (160 Bulkley Drive).
Following the July 18, 2011 debris flow event, while the Bulkleys' yard was being cleaned up,
work also was done on the channel by the Bulkleys' landscaper without first seeking an
earthmoving permit. The Bulkleys have chosen to proceed with Option 2 presented in the Notice
of Violation — to restore the channel to approximate previously existing conditions. At the
Bulkley's request, I have reviewed the current conditions of the intermittent channel in order to
determine what actions are necessary to restore the channel.
On Friday, August 12, 2011, 1 met on site with County staff and Mark Hamilton (the Bulkleys'
attorney) to review the work that had been done and what would be required to remedy the
Notice of Violation. Based on review of available photographs, the approximate prior condition
of the channel was ascertained. The plan is to return the channel to a state that functions as
close as possible to how it would have functioned prior to improvement by the Bulkleys'
landscaper following the July 18 debris flow event.
In the days following that meeting, the Bulkleys had another landscape crew perform some of
the work we had discussed. A portion of the south berm behind their carport was removed and
lowered by hand and that material was placed back into the bottom of the channel where it had
been located previously. I then re -reviewed the condition of the channel on Wednesday, August
17, 2011 and am using the channel's condition on August 17 as a baseline for any further
recommendations concerning restoration.
I have also had a chance to meet onsite and discuss the original channel work with the Bulkleys'
contractor, Chris Preusch. Mr. Preusch has confirmed that debris from the July 18 event was
removed from the main portion of the channel and the south berm was increased in height by 8-
12", using material removed from the bottom of the channel. Additionally, the upper portion of
the channel was widened slightly. Material deposited outside the channel was cleaned up and
some of that material was stacked along the outside of the channel.
Based on available photographs of the site, evidence of the surrounding terrain and the
comments from the Bulkleys' contractor, following is a plan for returning the channel to
approximate its function of the channel prior to earthwork following the July 18 event:
First, the upper reach of the channel has already been partially remedied (Figure 1).
The
additional height of berm added just below the fenceline has been removed and that
material
ASPEN GUNNI30N G.R. JUNCTION
MEEKER
101 FOUNDERS PLACE, UNIT 102 103 WEST TOMICNI Ave, 573 WEST CRETE CIRCLE
320 THIRD STREET
PO Box 2155 SUITE A BUILDING 1, SUITE 205
MEEKER, CO 8I 541
ASPEN, CO 8151 1 GUNNISON. CO GRAND JUNCTION, CO 8 1 505
970.878.5180
970,925.5727 970.541.5355 970.245.2571
970.878.4181 FAx
0=77
FAx 970.541 .5358 FAx 970.245.2871 FAx
SCHMUESER I GORDON I MEYER Bulkley Notice of Violation
E N G I N E E R S I S U R V E Y O R S Page 2
has been returned to the channel bottom. The height of the berm is now equal to or less than
that which existed previously and the bottom of channel elevation has been restored. But, the
channel also was widened in this area (Figure 2). 1 therefore recommend that the side slope of
that cut bank be filled and compacted to form a less severe cut condition along the north bank of
the channel (Figure 3). Compacted earth topped with rock material will help resist erosion in
smaller storm events and will approximate previously existing conditions.
In the center portion of the channel, the current berm height is dose to original conditions
(Figure 3). The large rocks were previously present, but some soil was filled around and over
those rocks. Now that the soil has been pushed back into the bottom of the channel, present
conditions along this section of the channel approximate prior conditions, as confirmed by
photos taken after the July 18 event and my interview with the contractor.
However, the lower reach of the channel (within the Bulkley property) still requires some further
remedial work. As noted above, when debris from the July 18 storm was cleaned up, the south
berm was raised 8"-12°. In order to approximate prior conditions, this section of the south berm
should be returned to its original height by removing approximately 12° of berm height (Figure
4).
Lastly, although the new earthwork did include re -seeding the area, erosion could occur even
during small runoff events. The prior condition included some rock cover within the channel.
During clean-up after the July 18 event, many of those rocks were removed and placed just
outside the channel (Figure 5). Those rocks should be replaced within the channel to provide a
similar level of erosion protection as was present previously. Some of the rocks should be
embedded in the channel surface to provide additional stability. Obviously, larger events like
those of July 18 frequently erode the channel and deposit new material. The actions suggested
here to remedy the Notice of Violation and restore the channel to approximate its function prior
to the recent earthmoving work do not imply that no future erosion or changes to the channel
geometry or direction will occur. Rather, continuing changes to the channel are likely to result
from future events.
If needed, additional photos are available of prior and current conditions. I also am available to
meet with the County to discuss this plan in more detail. Please let me know if we can provide
additional information or be of further assistance.
Very truly yours,
is I III!,
Matthew T. Webster
111111,1
Reviewed by:
Jay W. Hammond, P.E.
Principal, Aspen Office
H: �Bulkley\Bulkley-rev.doc
SCHMUESER I GORDON I MEYER Bulklev Notice of Violation
ENGINEERS ISURVEYORS Page 3
000011
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SCHMUESER I GORDON I MEYER BulkleV Notice of Violation
E N G I N E E R S I S U R V E Y O R s Page 4
Figure 3: Middle portion of channel — large rocks already existed; height close to original
':S"-12" additional height
were added; remove 12"
Figure 4: Lower portion
restore prior conditions.
000012
i
8"42". Remove 12" to
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SCHMUESER I GORDON I MEYER Bulklev Notice of Violation
E N 0 1 N E E R 5 1 5 U R V E Y O R 5 Page 5
_ _a__ _. ______ _____ . __ _
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H V t.. LA N D& HART Mark E. Hamilton
Phone (970) 925-3476
�? Fax (666) 784-7682
meharnilten*hotlandhartcoln
August 19, 2011
Lance Clarke
Pitkin County Community Development
130 South Galena St.
Aspen, CO 81611
Re: Response to Bulkley NOV dated July 29, 2011
Dear Mr. Clarke:
This firm represents James and Katherine Bulkley (the "Bulkleys"). As we have
discussed, the Bulkleys have opted to restore the drainage channel on their property to
approximate its pre -July 18 condition per Option 2 in the Notice of Violation letter from
Catherine Berg to the Bulkleys dated July 29, 2011. Enclosed is a completed Earthmoving
Permit application with regard to the same together with a check in the amount of $830.00
representing penalty fees at twice the normal rate of $415.00 per permit application. Also
attached to this letter is an August 19, 2011 report from Schmueser, Gordon, Meyer Inc.
concerning the remedial work. Please feel free to contact either myself or Matt Webster at SGM
should you have any questions.
Please also note that this letter and application are being submitted one week after the
August 12 deadline originally requested because the Bulkleys did not receive actual notice of the
Notice of Violation until Monday, August 8, 2011 (since I was on vacation the week prior and
the original certified letter from Ms. Berg was never delivered since it was sent to a physical
address at which the Bulkleys do not receive U.S. Mail).
Thank you for your consideration of this request.
Respectfully submitted,
RO%LL�.:'D & ART LLP
Mark E. Hamilton
cc: Bulkleys
Matt Webster
Chris Seldin, Esq.
Holland 6 Hart LLP attorneys at Law
Phone (970) 925-3476 Faz (970) 9259367 www.hellaadhaer,ont
600 East Main Street Suite 104 aspen, CoWrado 8x611-1991
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July 29, 2011
Jim Bulkley
160 Bulkley Road
Aspen, CO 81611
RE: Notice of Violation
Mr. Jim Bulkley:
I am the Pitkin County Planning Engineer, and this letter serves as a Notice of Violation
(NOV) of the Pitkin County Land Use Code for your property located at 160 Bulkley Drive in
Pitkin County, Colorado.
On July 25th, 2011, County Staff received a complaint that "significant changes" had been made
on your property following the debris flow event that occurred the evening.of July le, 201 L
We inspected the work in question on the morning of July 27th, 2011, with you, Mark Hamilton,
and Susan Pearson. The inspection revealed earthmoving that was undertaken without a permit.
This Notice of Violation arises out of that earthmoving incident.
To cure this violation there are two options —
1) An engineering report and analysis of the improvements shall be obtained and submitted
to County Staff by Friday, August $0, 2011..This report shall speak specifically to the .
potential impacts -that the improvements may or may not have on all neighboring
properties. This report will be forwarded to the Colorado Geologic Survey for their
review. Pending the results of the report, one of the following actions shall take place:
a if the report demonstrates that the improvements to the site have increased the
potential hazard to any neighboring properties the site shall be fully remediated;'
all improvements and channelizing structures shall be removed, allowing the
potential flows to "fan" as they have previously in order to ensure protection for
adjoining properties. Prior to any remediation efforts an Earthmoving Permit
application shall be submitted to the Pitkin County Community Development
Department by August 12'*, 2011. The permit application shall include a fully
engineered plan for remediation; this plan may be forwarded to the Colorado
Geologic Survey for their review.
b. If the report demonstrates that the improvements to the site have not increased the
potential hazard to any neighboring properties, in order for us to give
consideration for the unauthorized work to remain, a site plan application shall,b
submitted to the Pitkin County Community Development Department by
September 1st, 2011. You should contact the Pitkin County Planning De
at 970-920-5526 to schedule a pre -application conference. Under this -
130. S. Galena Soret Aspen, Colorado 81611
(970) 920-5090 fax 920-5439: w .pitkingo xonn
000017
circumstance the unauthorized work could remain pending the results of a site
plan review,
2) . The site shall be fully remediated; all improvements and channelizing structures shall be
removed, allowing the potential flows to "fan" as they have previously. Prior to any ,
remediation efforts an Earthmoving Permit application shall be submitted to the Pitkin
County Community Development Department by August 12'", 2011. The permit
application shall include a fully engineered plan for remediation; this plan may be
forwarded to the Colorado Geologic Survey for their review.
Please note that because the initial, work was done without permit double fees will be charged per
department policies. ,
Thank you for your cooperation and prompt attention to this situation and if you have any
questions feel free to let me know.
Sincerely;
Catherine Berg
Planning Engineer
Pitkin County Community Development Department
Cc:
John Ely, Pitkin County Attorney (via email)
Chris Seldin, Pitkin County Assistant Attorney (via email
Mark Hamilton (via email)
Attachment(s):
Photographs of the site prior to improvements on July 19`h, 2011
Photographs of site_improvements on July 27`h, 2011
130 S. Galena street Aspen, Colorado 01611
(970) 920-5090 fax 920-5439 w .pitkingo xom
DTETRATECH
Tetra Tech
130 Ski Hill Road, Suite 130
Breckenridge, CO 80424
Tel: 970-453-6394 Fax: 970-453-4579
MEMORANDUM
TO: Susan Pearson, Zoning Officer Pitkin County Community Development
FROM: Alaina Smith, P.E. and Peggy Bailey, P.E.
SUBJECT: Bulkley Compliance to the Notice of Violation Issued July 29, 2011
DATE: September 13, 2011
BACKGROUND
On July 18, 2011 a mud and debris event occurred on the alluvial fan located along Maroon Bells Road which
encompasses Bulkley Road and the residents in the area. On the afternoon of July 19, 2011, we (Peggy Bailey and
Alaina Smith) toured the site to witness and photograph the results of the event. Some of the photographs taken on
that day are included at the end of this memo.
The event deposited material on the CLC property, the Bulkley Property, the Murdock Property as well as along
Bulkley Road. Following the event, Mr. Bulkley hired an excavator to re -grade some of the deposited material in a
manner which could alter and redirect the flow path of future runoff. Where material had naturally deposited in the
vicinity of his carport, the ground was reshaped into a channel approximately 4 feet wide at the bottom with 2 feet
horizontal to 1 foot vertical side slopes, and a depth of 2 to 3 feet.
This was a violation of the Pitkin County Code as evidenced by a Notice of Violation (NOV) which was issued on July
29, 2011 to the Bulkleys. The NOV stated that one of two options were available to remedy the violation. The
following excerpt is taken from the NOV:
"1. An engineering report and analysis of the improvements shall be obtained and submitted to County Staff by
Friday August 5, 2011. This report shall speak specifically to the potential impacts that the improvements
may or may not have on all neighboring properties. This report will be forwarded to the Colorado Geologic
Survey for their review. Pending the results of the report one of the following actions shall take place:
a. if the report demonstrates that the improvements to the site have increased the potential hazard to
any neighboring properties the site shall be fully remediated, all improvements and channelizing
structures shall be removed, allowing the potential flows to fan" as they have previously in order to
ensure protection for adjoining properties. Prior to any remediation efforts an Earthmoving Permit
application shall be submitted to the Pitkin County Community Development Department by August
12th, 2011. The permit application shall include a fully engineered plan for remediation; this plan
may be forwarded to the Colorado Geologic Survey for their review.
b. If the report demonstrates that the improvements to the site have not increased the potential hazard
to any neighboring properties, in order for us to give consideration for the unauthorized work to
remain, a site plan application shall be submitted to the Pitkin County Community Development
Department by September 1, 2011. You should contact the Pitkin County Planning Department at
970-920-5526 to schedule a pre -application conference. Under this circumstance the unauthorized
work could remain pending the results of a site plan review.
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Tetra Tech
Q TETRA TECH 130 Ski Hill Road, Suite 130
Breckenridge, CO 80424
Tel: 970-453-6394 Fax: 970-453-4579
2. The site shall be fully remediated,all improvements and channelizing structures shall be removed, allowing
the potential flows to 'fan" as they have previously. Prior to any remediation efforts an Earthmoving Permit
application shall be submitted to the Pitkin County Community Development Department by August 11, 2011.
The permit application shall include a fully engineered plan for remediation; this plan may be forwarded to
the Colorado Geologic Survey for their review."
On behalf of the Jim Bulkley, Matt Webster of Schmueser Gordon Meyer (SGM) submitted a letter dated August 26,
2011 to the Pitkin County Community Development Department "related to changes made to the portion of the
intermittent channel " with a proposed remedy to the Notice of Violation. The letter does not discuss the implication
of the impacts to neighbors but instead states that the Bulkleys have chosen Option 2 of the NOV (SGM, 8/26/11).
In the SGM letter, Mr. Webster writes:
"Based on available photographs of the site, evidence of the surrounding terrain and the comments
from the Bulkley's contractor, following is a plan for returning the channel to approximate its function
of the channel prior to earthwork following the July 18 event:"
Mr. Webster describes an approach to "restore the channel to approximate previously existing conditions"
which includes lowering the berm in one section below the carport and regrading (flattening) the channel bank
along the north channel bank.
It is Tetra Tech's position that without an accurate survey of the conditions immediately following the July 18, 2011
event, it is very difficult to fully remediate the area to post July 18`h conditions. Further, because it is not possible to
restore conditions to 'natural', a detailed analysis would be necessary to evaluate the impacts the site modification
has, and will have on downfan properties. Without modeling the area as it exists now and with the proposed changes,
it is difficult to evaluate whether the proposed restoration to the altered topography will improve or worsen
conditions downfan.
SITE OBSERVATIONS AND SPECIFIC RECOMMENDATIONS
Based on our observations of the July 18, 2011 event (made July 19, 2011), material deposited behind the carport
(area of concern) in such a way that there was no defined channel.. A significant amount of material deposited that
left no specific flow pattern. (Photo 1). In addition, mud and debris spilled (over the area that is now the elevated
right bank) onto Bulkley Road uphill from the Bulkley's gate. Mud, rocks and debris traveled down Bulkley Road and
towards the Murdock property before coming into contact with their timberwall.
The misunderstanding in the SGM letter is that a channel existed in the area of concern following the July 18, 2011
event, when in fact no such channel existed. Photo 1, taken on July 19, shows the area of deposition prior to
excavation efforts, Photo 2 shown the same area as it existed on Monday September 12, 2011. Photo 3 shows Bulkley
Road where material had traveled after accessing the road uphill from the Bulkley's gate. Note that observations
made on July 19`s indicate mud and debris material was deflected by the timber wall on the Murdock property to flow
parallel to the wall. Photo 4 shows another location where material encountered the Murdock timber wall and was
redirected.
A similar subsequent mud and debris event may produce similar results if the area is again filled with debris, however,
smaller events may be contained within the channel as it exists now and with the changes proposed by SGM. The best
000020
QTETRATECH
Tetra Tech
130 Ski Hill Road, Suite 130
Breckenridge, CO 80424
Tel: 970-453-6394 Fax: 970-453-4579
approach to remedy this situation is difficult to ascertain. The Pitkin. County land use code does not allow for changes
to ephemeral streams, however, perhaps an exception should be made as in this case where the alterations provide a
potential benefit to property owners if the changes help to maintain historic flow patterns which thus far have not
resulted in structural damage.
The material that was used to raise the berm on the downhill side of the reconstructed channel as well as the material
left in the bed of the channel is not armored, nor does it appear to be seeded or well compacted. This material is
susceptible to transport in a clear water or mud flow, thus becoming entrenched and contributing to the volume of
mud (as opposed to preventing mud from flowing on to the driveway). Therefore we recommend that Pitkin County
accept SGM's proposed changes (lowering the berms and flattening the channel bank), and in doing so accept those
changes as a modification to an ephemeral stream. We also recommend that the channel and banks be armored with
suitably sized material, as noted in the SGM letter.
Two additional observations related to the mud and debris event of July 18 were also made during our September 12
visit. First, there is a culvert that exists under the Bulkleys' gate on the uphill side of the road. The culvert is now
completely buried (Photo 5). We recommend the culvert be cleaned out to allow for the intended conduction of
surface water runoff. Secondly, the timber wall on the Murdock property has been increased in height since July 19.
This wall is now 30" high and is solid along the approximate 9S ft length. The wall will mostly likely redirect flows in
subsequent events which may or may not have negative impacts on downfan properties, however, it will most like
increase depths along Bulkley Road, and perhaps alter flow patterns on downfan property.
The unpermitted efforts which took place following the July 18, 2011 mud and debris event have altered the
landscape (both the channelizing on the Bulkley property and the increased wall height on the Murdock property).
The proposed remediation modifications may or may not increase hazards to neighboring properties. Therefore we
suggest that Mr. Bulkley's engineer as well as an engineer for the Murdocks perform mud and debris flow evaluations
to insure these modifications will approximate post July 18 conditions, specifically as it relates to impacts on downfan
properties, including impacts to roads and homes. Whether this is a detailed modeling effort or a qualitative effort, we
do recommend that the impacts of the channelizing and increased wall height are investigated to evaluate the impacts
on Bulkley Road, Bulkley carport, Murdock residence and also on the Hoffberger residence.
Thank you for the opportunity to review the proposed Bulkley compliance to the July 29, 2011 NOV. Please feel free
to call us if you have any questions or which to discuss our recommendations.
Sincerely,
Alaina Smith PE, CFM
Project Manager
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Peggy Bailey, PE
Office Manager
Tetra Tech
® TETRA TECH 130 Ski Hill Road, Suite 130
Breckenridge, CO 80424
Tel: 97G-453-6394 Fax: 970-45341579
Photo 1. Area of concern of Bulkley NOV on July 19, 2011
Photo 2. Area of concern of Bulkley NOV on September 12, 2011. Note the boulders in the red circle for comparison
000022
OTETRA TECH
Tetra Tech
130 Ski Hill Road, Suite 130
Breckenridge, CO 80424
Tel: 970-453-6394 Fax: 970-453-0579
Photo 3. Material deposited on Bulkley Road uphill from the Bulkley's gate and deposited against the Murdock's
timber wall.
Photo 4. Material redirected by the Murdock's timber wall
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® TETRA TECH
Tetra Tech
130 Ski Hill Road, Suite 130
Breckenridge, CO 80424
Tel: 970-453-6394 Fax:97GA53-4579
Photo 5. Location of clogged culvert under Bulkleys gate
Photo 6. Increased wall height on Murdock property
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