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HomeMy WebLinkAboutpitkin.bldg.273718401003, 273718401004, 273718401005 (2011)DOCUMENT LAYOUT 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) 41d =T'KINOUNT ADDRESS NOTIFICATION Date: 7/6/2017 Effective Date: 7/6/2017 New Assigned Address: 79 Winter Way Aspen, CO 81611 Former Address: 42376 Hwy 82 Reason for Assignment: New private Roadway Parcel ID: 273718401003 Lat/Lon: 39.181511 N, -106.803745 W Property Owner Name: KWOOD LOT 3 LLC Note: Winter Way is a new private roadway. The Hwy 82 address is officially retired and should no longer be used. Please update your address database to show this change. Please contact for any questions or Further Clarification. Thank You, Alex Durant Public Safety GIS Analyst, Pitkin County Government I BITS Phone: 970.429.6113 (0) Email: alex.durant@pitkincounty.com Address: 123 Emma Rd #106, Basalt, CO 81621 21 41� 4W EASTWOOD DR O,A '82 64' w4 122 102 18 ` . • -36 t 4 (t k HWY 82 r * 51 New Address Assigned: WINTER WAY 27 Winter Way r . 39 Aspen CO 81611 39.18157 N, -106.804257 W Retired Address 42302 Hwy 82 42489 New Address Assigned: 55 Winter Way New Address Assigned: Aspen CO 81611 79 Winter Way Aspen CO 81611 39.181556 N, -106.804027 W i Retired Address 42328 Hwy 82 39.181511 N, -106.803745 W Retired Address 42376 Hwy 82 . CO 75 7.3 CCOUNT Address Assignment OUNT Date: 7/6/2017 Legend • Addresses Parcel Boundary N Driveway • Road Centerline 1:1,500 '1% kya O + IGS k`W &y ga. CLEARING. GRUBBING AND RTHMOVING PERMIT APPLICATION lji1yy 130 S Galena Sill Aspen. CO 8161 rr� 970-920.5524 Faz870.920.5439 Permit# V 61I �wwv.ascenoilkin.com C Receipt # VAUD PERMIT MUST BE KEPT ON SITE AT ALL TIMES Pennit valid for one year unless otherwise specified. 1. Job Address: �2 2. Legal tleccr'rption ofp roperty. 2 k3 skoev L1 0 NCho1\ %do co, 3. Owmer(s)'sN Contact Rumbec. Mailing Address: 4, Owners AMhome ant- onlact Number. ?O AGR \S Address `. F Co =0"sName: Contact Number. Mailing Address: 6 Amhlte or Fs loom on Record: Contact Number. MaHing Address: i2o otic 463- cab1 N'VlaoCo work coiQ T Parcel ID number of property shelfU occur Check htlpltr .aspenpi 'n. epartmentsf ssor or call the 1 % — - OS Pilon County Assessors Ohre at 970.920.5160 for the parcel ID 8. Pm only also known as: (Provide a detailed ap showing the ncabon legible scale) 9. use ep number(s):ZZ^20\\-�(aai 1Ut—\� �Ct . 10. Type of work: Benn(s) Trench(es) Undergmunding UlAti k/ _Trellis) V-1 Ponds is) Clearing/Grubbing Site Coding vrothervaatmdwersion(s) \— 11. Type of material to be ezcairated or placed on pmpedr.. tib Tritiated mat po is (nlaminefed? Yes No 11 a. Material will be brought ham:[� �!1 afadmalenalbetaken to: epV g�� Or 11e E%1'PVwill \ `\ 12. Desaiplim of work Total acreage or square footage of disturbance: Total cubic yards of material moved: Mez cul tlepth:ise Max fill depth: 13. Will the pmjW result In disturbance ofa 1 acre of land? Yes No 13a. If you answered "Yes'. submit a copy of your state Constructed Slormweter Permit or R -Facer waiver Information on this permit is available at: hhp:IA w .Wphe.state.w.u~emdlsUnitt lomm teriwns cbon.html. 14. IS my potion of the project already complete? _IN(Z_-ayes, gwe reason and dates) of prior conshuction activity. 15. Will the protect disturolrasrdl In removal of any vegetation? Yes No I6a. If you answered'Yes" submit a mwg,llion plan. Including a plant list with scientific names of species, planting schedule and metho M litigation. The County's Reuegetation Guidelines are available at hap:/tw .aspenplt it.com(DepartmentWPublloW0nc4Land- Management. L�t\ 15b. How will you pre ; the asla lishmenl t novo d` at a project?��C���r� r} V1 16. voii the project msuh n dtmabance of any wetlands m riparian meas? Yes No 16a. If you answered Nes'. submit a description of your revegetefioMnitigarlon plan. including a plant 6stwlth scientific domes of species. planting schedule and named of irrigation. Also submll a copy of your U.S. Army Cc" of Engineers Sec. 404 permit in connection with any disturbance of'Jursdictional waters" of Me U.S. Contact the U.S. Army Corps of Engineers in Grand Junction (970-243-1199 for inkin, ban on Sec. 404 penal requirements. 17. Will the project nwWe work in the Pilin County Right of Way? Yes No IN 178, If you answered Nes" a County Right of Way Me, Permit must be obtained prior to commencing work. nfomrmion on this permit is avalable at. hap JAV .aspenpakn.corelDeparhWL4PublicWorksrEnglneenng-Roa Bddge or by calling Public Works at 970.920 - Earthmoving Permit Aug 2010.)ds 000001 '-' 99 \q 3 Aug. 2010 17. Will the project involve work in the Pitkin County Right of Way? Yes No I fire 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://www.aspenpitkin.wm/depts/24/pemits,ctm or by calling Public Works at 970-920-5390. 18. Wil the project disturbinvolve work in the 100 -year flood plain? Yes No v 18a. If you answered "Yes" a County Floodplain Development Permit must be obtained prior to commencing work. Information on this permit is available at: http://w .wpenpitkin.maVdepts/12ANater_res.cfm or by calling the Natural Rescourse Specialist at 970429- 2033. 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. Signature of Applicant: 19a. Date: 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 revegetation 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 time if a site visit by Pitkin County Land Management confirms that successful revegetation has been accomplished. Applicant is obligated to contact Pitkin County Land Management (970-920-5214) 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, A Fugitive Dust Control Plan approved by the Environmental Health and Natural Resources Department is required. _ 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: There is a $600.00 permit flat fee due at submittal of permit application. The following additional fees may be required to be paid prior to issuance of this permit: Natural Resource Specialist Referral Fee: $225 (required where water resource issues exist and in connection with wetiandtriparian area disturbance). County Engineer Referral Fee: $225 Additional Flat Fee for Applications Involving Large Scale Undergrounding of Utilities & Earthmoving Projects: 225 You will also be invoiced by the Land Manager, Planning Engineer and Natural Resource Specialist for any review and follow up inspection time exceeding 2 hours at a rete of $150mr. Date Permit Application Permit Flat Fee (due at submittal): Check # Received: Addifional Fees, (due at issuance): � � Check # TOTAL FFEE0(+no refunds):t e _L,_Lii v Date Permit Issued: T2. Staff Comments / �,� ' 23. pro i r (if req' .. 23a. Date: 24. Approved by A in County NR Specialist(i 'd): 24a. Date, 25. Approved by Pitkin County Land Manager: 25a. Date. 26. u ming En n py b 26a- Date: I 1f EM Permit-07.x1s V 2-22 0 000002 18. W it the project dislum/nwlw work in the 100 -year goad ptaM7 Yes No 1 Be, If you answered'Yes' a County Floodplain Development Permit most be obtained prior to cmmencing work. Information on this permit is available at. hip:/Ave .aspenpitkin.mMDepaN encs/Community-Dew lopmem-Pitkin-County/Plwr ingand-ZomngAaM- Engineering/. The applicant acknowledges Mal holshe has been Informed by Pitkin County of environmental hazard areas Mat might affect the property, any improvements, and Me use and occupancy g lewd. no provisions of Me Pitkin County regulations do not In any way assure or imply Mat Me property will W hes, from harerds or Mat approved mitigation will gua rentee Me safety of anyone using Me property. This permit is accepted with Me understanding Mat Me permit does not in any way constitute a guarantee, warranty of merchantability or fitness for a particular purpose, express or implied warranty of habitability, or assurance in any way of Me safety of Me structures and appurtenances permitted, nor shall this permit be construed to relieve or lessen Me responsibility of We person(s) responsible for performing Me work. Additionally, this permit is not a sir Institute for a complete inspection by Me Owner or subsequent buyer or occupant. Pursuant W state law Me owner is responsible for Inspection and maintenance of Me strocW re and systems. Having carefully mad We requirements, l (Applicant) hereby agree to the terms and conditions described within. This form's 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. Sign aWre otA 19a. Date. 5 Z�l l 20. Signa party nags): I, 20a. Data: FOR STAFF USE ONLY IUV NOT WRITE BELOW THIS LINE): 21. Additional Teras and Conditions M Pemkt (tl1eG all Mat apply): At Me time of issuance of this permit you are required to post S as financial security to ensure wrxessNl mmplebon of your revegetation plan. These monies wig be held for two growing seasons from Me data of completion of the project an will only be released at Wal time if a site visit by P"Min County Zoning mrdnns that successful fevegetation has been accomplished. Applicant is obligated to contact Pitkin County Zoning (970429@799) to schedule Me required two-year site visit. The monies will be forfeited if successful revegelation is not confirmed ager two growing seasons, or d Applicant fails to timely schedule the required site visit Documentation of decreed water rights is required. _ Documentation of State Engineer approval at a jurisdictional sized dam, or documentation of filing of a Notion of Irritant to Water Impoundmera Structure pn the case of non -jurisdictional size dam) is required. Cmsbuct a Non-dunsdicturial Otlsr Minor Clearing, Grading, Grubbing and Earthmoving Permit Application (less than 100 cy): S415.00 (Flat fee due is wbminal) Major Clearing, Grading, Grubbing and Earthmoving Permit Application (more than 100 cy): j S643.00 j (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: Caunry EW. Refeml Fee = Additional Flu Fac for AWlicstic s Involving large Sale UMm mondng of Uuhues R Eanlunovin Projab. X25 You will also W invoiced by Pitkin Coady Staff for any review am fonox up Inspection time exceeding 3 hours at a rate of $1501ht. Date Permit APPlicaaon Permit FlU F.(doe at submMal)'. Checks - litaoived: Addrtioral F. (dirt u issuance): Cheekil TOTAL FEE (m ): 106-D,60 Date Permit lasued 2Z. Sufi Cannrenh: 23. Approved by Pitldn Camty Engineer lit reg d): 23a. Dale: 24. Approved by Pitictr County, revegetation specialisC 248. Date: 25. Approved by Pitidn Caunry Planning Engineer 25a. Date: Aug 2010 EaMmoving Permit Aug 201D.As 000003 Joanna Schaffner From: Joanna Schaffner Sent: Thursday, September 26, 2013 10:28 AM To: Tom Newland (tomn@sopris.net) Subject: FW: Attachments: 20130926105404067.pdf Here's the language I have. It doesn't look like the Timberline letter quite hits the mark. What do you think? Happy trails on your way to GJ. kAAfW-V1A CC/Y�� 0,, �'Ot aq est Azu"c`Ad I G 0( 01,c - I 000004 u TIMBERLINE ENGINEERING STRUCTURAL & CIVIL ENGINEERING October 26, 2012 Mr. A. Ebrahimi River Rock Corp. 9801 Westheimer, Suite 250 Houston, Texas 77042 Re: Dear Mr. Ebrahimi & Mr. Newland, Owners Representative: Tom Newland Newland Project Resources, Inc. P.O. Box 4815, Basalt, CO 81621 Site As -Built Knollwood Subdivision, Block 4, Lots 0-3 Pitkin County, Colorado 81611 I have conducted regular inspections during the course of construction of infrastructure for the above referenced property. I had a final inspection on October 23, 2012. I have determined the facilities have been installed properly and are consistent with the Timberline Engineering Design Plans dated 7/15/2011 except as noted in the attached As -Built drawings dated 10/26/1012. Further construction is necessary for facilities to perform as desired. Please don't hesitate to call with questions. Sincerely, TIMBERLINE ENGINEERING David J Anderson, PE G a(�GMAIL.COM 46 WEANT BLVD., CARBONDALE, CO 81623 P/F. 970 963 9869 TIMBERLINEENGINEERIN r IMPROVEMENTS AGREEMENT (LOTS 1, 2 AND 3, BLOCK 4, KNOLLWOOD SUBDIVISION) THIS IMPROVEMENTS AGREEMENT (this "Agreement') is entered into as of , 2011 between the Board of County Commissioners of the County of Pitkin, Colorado (the "County"), whose address is 530 E. Main St., Aspen, CO 81611, and , a Colorado corporation (the "Owner"), whose address is RECITALS A. The Owner owns that certain real property legally described as: Lots 1, 2 and 3, Block 4, Knollwood Subdivision, County of Pitkin, State of Colorado, according to the plat thereof recorded on January 7, 1963 in Plat Book 2A at Page 286, as Reception No. 114719, as amended by the Trigar Investments, L.P. & Ali Reza Rastegar Lot Line Adjustment and Minor Plat Amendment recorded on February 8, 2011 in Plat Book 96 at Page 14, as Reception No. 577497 (the "Property"). B. The Owner intends to improve and develop the Property for the purpose of constructing single-family residences on the lots comprising the Property. C. The County previously granted certain land use approvals for the Property pursuant to: (a) Board of County Commissioners Resolution No. 140-2006 recorded on December 29, 2006 at Reception 532818; (b) Hearing Officer Determination No. 47-2006 recorded on November 3, 2006, at Reception No. 530680; and (c) Board of County Commissioners Resolution No. 216-2009 recorded on April 9, 2009, at Reception No. 557907. D. Pursuant to Administrative Decision No. 22-2011 recorded on April 12, 2011, at Reception No. 579061, the Community Development Director of the County approved certain minor amendments to the prior approvals to permit access and/or earth moving permits to be issued for development of the Property prior to approval of a water service agreement to allow for completion of the driveway and utility improvements for the Property at the same time as the City of Aspen is completing its work on the East of Aspen Trail pursuant to the Grant of Trail Easement recorded on December 9, 2010 at Reception No. 574988. E. Pursuant to Paragraph 4 of Administrative Decision No. 22-2011, the Owner is required to enter into an improvements agreement with the County consistent with Section 2-20- 130(a) of the County Land Use Code. AGREEMENT 1. Purpose. The Owner has submitted to the County its application for the construction of certain driveway and utility improvements to be constructed on the Property (the "Infrastructure Project") as more fully described in the those certain construction plans and specifications prepared by Timberline Engineering, Sheets C.000 — C.500 dated April 15, 2011, but excluding the relocation of the Salvation Ditch and its related improvements found on Sheet IA0008316A3} 000006 0 C.202 and Sheets C300 — C.307 (the "Plans and Specifications"). The purpose of this Agreement is to provide for the Owner's agreement to complete the Infrastructure Project so that the County can issue the necessary access and earthmoving permits. The County and the Owner agree that issuance of such permits by the'County is expressly conditioned on completion of the Infrastructure Project pursuant to the Plans and Specifications by the Completion Deadline specified below in this Agreement. 2. Owner Bound. The Owner agrees to accept and be bound by the terms and conditions Administrative Decision No. 22-2011. 3. Construction. (a) The Owner agrees to complete construction of the Infrastructure Project in accordance with the Plans and Specifications by no later than June 30, 2012 (as it may be extended pursuant to the terms of this Agreement, the "Completion Deadline"). The Completion Deadline shall be reasonably extended on account of any casualty, fire, explosion, flood, storm, act of terrorism, insurrection, act of war, labor dispute or strike, material shortage or any other cause beyond the reasonable control of the Owner that delays completion of the Infrastructure Project. (b) The Completion Deadline may be extended by the Community Development Director in her or his sole discretion upon written request of the Owner if it is determined that: (1) such extension of time will not operate to the detriment of the County or the public; and (2) such an extension would not be in conflict with the conditions of the approved access and earthmoving permits. Any extended Completion Deadline agreed to by the Community Development Director as described above may be further extended in the same manner. 4. Restriction on Sales and Building Permits. No lot within the Property may be sold and no building permit application for residential construction may be submitted until the Infrastructure Project improvements have been completed pursuant to the Plans and Specifications. The foregoing restriction shall not preclude the sale of the entire Property by the Owner provided that the new owner agrees to be bound by the terms of this Agreement, all prior County approvals affecting the Property and all applicable provisions of the County Land Use Code. The foregoing restriction on sales of lots within the Property and submittal of building permit applications shall not apply if the Owner elects to provide financial security to the County in a form acceptable to the Community Development Director or designee as described in Section 5 below. 5. Security. The total cost of the Infrastructure Project improvements to be constructed by the Owner is estimated to be $811,846.42. If the Owner desires to sell any lot within the Property or submit an application for any residential building permit prior to completion of the Infrastructure Project, then the Owner, at the Owner's sole cost, and before starting work on the Infrastructure Project, shall obtain and provide to the County a bond, an irrevocable letter of credit or other performance guarantee in a form and content satisfactory to the Community Development Director or designee to the benefit of the County in the amount of $811,846.42 (the "Security"). Pending full performance of all of the terms and conditions of this 2 tA0008316A3} oonnn,l Agreement by the Owner, the County shall retain the Security and shall remain the beneficiary of the Security, subject to the incremental release provisions of this Agreement. If any default by the Owner under this Agreement occurs and is not cured as provided in Section 7 below, the County may draw upon the Security up to the full amount of thereof or such lesser amount as the County may determine is appropriate upon presentation by the County to the issuer of a written statement by the County that such uncured default exists. Upon timely performance of all terms and conditions hereof, the Security shall be released in full by the County to the Owner. 6. Certification; Partial Releases. (a) Attached to this Agreement as Exhibit A is a cost estimate itemizing the various scopes of work for the Infrastructure Project and the estimated cost of each scope of the Work and the sub -items for each such scope. As phases of the Infrastructure Project are completed, the Owner shall cause a registered Colorado engineer retained by the Owner at its expense to certify to the County whether the Owner's construction obligations regarding the applicable phase of the Infrastructure Project have been completed according to the Plans and Specifications. Upon receipt of such certification, the County shall promptly review the same and shall make a reasonable independent judgment whether the particular phase is complete. The Owner agrees not to cover or otherwise prevent inspection of the improvements constructed pursuant to this Agreement until the Owner's engineer and the County's representative have had a reasonable opportunity to inspect such improvements. Upon the County's verification that a particular phase of the Infrastructure Project has been completed, the County agrees to cooperate with the Owner to incrementally reduce the Security by the dollar amount attributed to the line items included within such phase as described on Exhibit A of this Agreement. (b) Not later than Completion Deadline a registered Colorado engineer retained by the Owner at its expense shall certify to the County whether the Owner's construction obligations regarding the Infrastructure Project under this Agreement have been fully performed according to the Plans and Specifications. Upon receipt of such certification, the County shall promptly review the same and shall make an independent reasonable judgment whether to accept the same. Upon the County's verification that the Infrastructure Project has been fully completed, the County agrees to release the Security in its entirety. 7. Owner's Default. In the event of any default hereunder by the Owner, the County shall give notice to the Owner specifying the nature of such default, which notice shall be given by facsimile transmission or by certified mail with return receipt requested addressed to the Owner at the notice address given below. In the event the Owner does not remedy such default to the reasonable satisfaction of the County within 14 days following such notice, the County may elect, in its discretion to exercise all remedies available to it, including but not limited to: law. (a) To specifically enforce the terms and conditions of this Agreement; (b) To draw upon or otherwise obtain the benefit of the Security; and/or (c) To exercise any other rights and obtain any other remedies provided by 3 31 8. Recording of Agreement. Upon its execution, this Agreement shall be recorded and shall be a covenant running with the Property in order to put prospective purchasers or other interested parties on notice as to the terms and provisions hereof. At such time as the Owner has completed the Infrastructure Project pursuant to the terms of this Agreement, the County agrees to cooperate with the Owner in causing this Agreement to be terminated and released of record. 9. Transfer or Assimment. No transfer or assignment of any of the rights or obligations of the Owner under this Agreement shall be permitted without prior written approval of the County which approval shall not unreasonably be withheld. 10. Title and Authority. The Owner expressly warrants and represents to the County that it is the record owner of the Property, and further represents and warrants that it has full power and authority to enter into this Agreement. 11. Severability. If any term or provision of this Agreement shall be invalid or unenforceable, the remainder of this Agreement and the terms and provisions thereof shall not be affected thereby and all other terms and provisions of this Agreement shall be valid and enforceable to the full extent permitted by law. 12. Attorneys' Fees. If any action is brought in a court of law by either party to this Agreement as to the enforcement, interpretation or construction of this Agreement or any document provided for herein, the prevailing party in such action shall be entitled to recover from the other party its reasonable attorneys' fees as well as all other reasonable costs and expenses incurred in the prosecution or defense of such action. 13. Notice. All notices and other communications required or permitted under this Agreement shall be in writing and shall be, as determined by the person giving such notice, either hand delivered, mailed by registered or certified mail, return receipt requested or by facsimile to the required party at the following addresses: 000109 tA0008316 A 3 } County: Board of County Commissioners of Pitkin County, Colorado c/o County Attorney 530 E. Main St., Ste. 302 Aspen, CO 81611 Fax No: (970) 920-5198 Owner: 4 IN WITNESS WHEREOF the parties have executed this Agreement the date first above written. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO am Chairperson ATTEST: County Clerk APPROVED AS TO FORM: John M. Ely, Esq., County Attorney -10010 IA0008316A3) THE OWNER: Colorado corporation By: Name: Title: STATE OF )ss. COUNTY OF The foregoing instrument was acknowledged before me this _day of , 2011, by as of Colorado corporation. Witness my hand and seal. My commission expires: _ Notary Public Cf:J11 {A0008316A3) Exhibit A Cost Estimate for the Infrastructure Project [see attached pages] • {A0008316A3) COU012 ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITIQNN COUNTY, COLORADO, APPROVING THE RASTEGARrnUGAR INVESTMENTS LP MINOR AMENDMENT TO BOARD OF COUNTY COMMISSIONERS RESOLUTION NO, 140-2006 AND HEARING OFFICER DETERMINATION NO. 47-2006 Administrative Decision No�2011 RECITALS 1. Pursuant to Section 2-20-1 50.b of the Land Use Code, Trigar Investments LP (Lot 1), Ali Reza Rastegar (Lots 2 & 3) (collectively, "Applicant") have applied to the Community Development Director of Pitkin County, Colorado ("Director") to amend the prior approvals to allow the Applicant to obtain access and earthmoving permits prior to approval of a water service agreement with the City of Aspen. 2. The property is located on East Highway 82 between the highway and the Roaring Fork River, and is described as Lots 1-3, Block 4, Knollwood Subdivision, 3. The lots are zoned R-15 and contain 30,890, 16,780 and 17,114 square feet, respectively. The lots are all vacant. 4. The Hearing Officer denied the application for 1041 hazard review and scenic overlay review approval for Lot 1, pursuant to Determination No. 46-2006, due to development on slopes in excess of 30% that was prohibited by the Land Use Code. The BOCC subsequently found and remediated a taking by granting approval to develop Lot 1, pursuant, to Resolution No. 140-2006. Concurrently, the Hearing Officer granted 1041 hazard review and scenic overlay review approval to develop Lots 2 and 3, pursuant to Determination No. 47-2006. 5. The BOCC subsequently amended the prior approvals to realign the driveway and grant a five year vested right, pursuant to Resolution No, 016-2009 (expires October 17, 2014). As part of this approval, the Applicant agreed to grant a trail easement for the East of Aspen trail across Lots 1-3, which easement was granted to the City of Aspen as Reception No. 574988. 6. BOCC Resolution No. 140-2006 and Hearing Officer Determination No. 47-2006 require approval of a water service agreement from the Aspen City Council "prior to submission of any building or other development permits." The Applicant is requesting to amend these conditions to allow the Applicant to obtain an access and earthmoving permit prior to approval of a water service agreement to complete the driveway and utility improvements on the properties at the same time that the City of Aspen is completing its work on the East of Aspen Trail. 7. The Director finds that the proposed amendment complies 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, is consistent with action taken during the original review, does not increase off-site impacts or the allowable floor area, and will not endanger the public health, safety or welfare. 8. The Director further finds that the prior approvals contemplate the potential for each lot to install a well, if the City Council denies a request for a water service agreement. Therefore, it is not necessary to tie RECEPTION#: 579061, 04/1212011 at 02:30:45 PM, I OF 3, R $0.00 Doc Code ADMIN DECISION Janice K. Vos Caudill, Pitkin County, CO 0013 Administrative Decision No.�201I Page 2 the infrastructure installation to the City's approval of a water service agreement. In addition, Sec. 7-50- 20(6x2) of the Code requires "all applicants for building permits for dwellings... to show proof of adequate water supply..." At building permit application for each lot, the owner will be required to provide the water service agreement or well permit, whichever is applicable. THE DIRECTOR DOES HEREBY APPROVE the Rastegar/Trigar Investments Minor Amendment, subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. All conditions of BOCC Resolution Nos. 140-2006 and 16-2004 and Hearing Officer Determination No. 47-2006 shall remain in full force and effect, except as amended herein. 2. Replace the second condition 42 in BOCC Resolution No. 140-2006 as follows: A. Prior to submission of any building permit applications, the Applicant shall: I ) Obtain approval of a water service agreement from the City of Aspen . If the City denies a request for a water service agreement, the Applicant may install a well on each lot, pursuant to an approved well permit from the State Division of Water Resources. The Applicant shall adhere to any Iimitations imposed by the well permit on outside water usage. 2) Obtain approval of a line extension request and a collection system agreement from the Aspen Consolidated Sanitation District. Service is contingent upon compliance with the District's rules, regulations and specifications. 3) Conduct a subsurface investigation to define groundwater levels. 3. Condition No. 3 of Hearing Officer Determination No. 47-2006 shall be replaced with the following: Prior to submission of any building permit applications, the Applicant shall: A. Obtain approval of a water service agreement from the City of Aspen. If the City denies a request for a water service agreement, the Applicant may install a well on each lot, pursuant to an approved well permit from the State Division of Water Resources. The Applicant shall adhere to any limitations imposed by the well permit on outside water usage. B. Obtain approval of a line extension request and a collection system agreement from the Aspen Consolidated Sanitation District. Service is contingent upon compliance with the District's rules, regulations and specifications. C. Conduct a subsurface investigation to define groundwater levels. C4). Prior to submission of access and/or earthmoving permits for driveway and utility construction, the Applicant shall submit for approval by the County Attorney and Community Development Department an Improvements Agreement consistent with Sec. 2-20-130(a) of the Land Use Code, which shall constitute the Applicant's agreement to construct the driveway and install the common utilities for Lots l-3. F5.} The East of Aspen trail shall be rebuilt to the City of Aspen's specification upon completion of the access and infrastructure improvements. b. The Applicant shall adhere to all material representations made in the application. 000014 Administrative Decision N�2011 Page 3 APPROVED by the Director, this �b-day of A� 4 j 2011. Cindy Houben, Community Development Director P107-10 PTD #273718401003/004.'005/006 000015 DEVELOPNIENT AGREEMENT (LOTS 1, 2 AND 3, KNOLLWOOD SUBDIVISION) This Development agreement (this "Agreement") is entered into by the Board of County Commissioners of the County of Pitkin, State of Colorado (the "Coon ") and Ali Reza Rastegar ("Ragk-W") and Trigar Investments, L.P., a Texas limited partnership ("Trigar"), effective as of March 11, 2009. RECITALS A. Rastegar ow;is the real property described in Exhibit A of this Agreement (the "Rastegar Property,"). B. Trigar, owns the described in Exhibit B of this Agreement (the "Trigar Pr ert •''). The Trigar Property now includes a metes and bounds parcel that was formerly owned by Pitkin Zero, LLC and that was conveyed to Trigar for the purpose of combining such metes and bounds parcel into and as a part of Lot 1, Block 4, Knollwood Subdivision; pursuant Resolution No. 016-2009 as more fully described below. ,Such metes and bounds parcel is sometime referred to as "Cot 0" in such Resolution Noi 016- 2009. References in this Agreement to the Trigar Property with respect to the time before approval of Resolution Na. 216-2009 mean Lot t, Block 4, Knotlwood Subdivision, without the addition of sun metes and bounds parcel. C. Together Rwteoar and Trigar are sometimes collectively referred to as the "Owners." Together the Rastegar Property and the Trigar Property are sometimes collectively refermd to as the "Property." D. In 2006, pursuant to Determination No. 46-2006, the County's Hearing Officer denied an application on the Trigar Property requesting 1041 Hazard Review, Conceptual Submission, Scenic Overlay and Minor Plat Amendment approval for a single family residence and driveway due to proposed encroachments onto steep slopes. The County subsequently found that a taking had occurred and remediated the taking pursuant to Resolution No. 140-2006 recorded in the County records an December 29, 2006, at Reception 532818 (the "2006 Trigar Approval"). E. In 2006, the Rastegar Property received approval from the County fon, 1041 Hazard Review, Conceptial Submission, Scenic Overlay Review and Minor, Plat Amendment pursuant to Hearing Officer Determination No. 47-2006 recorded on November 3, 2006, at Reception No. 530680 (the "2006 Rastegar Approval'). The 2006 Trigar Approval and the 2006 Rastegar Approval are together referred to as the "2006 Aprrrovais." F. Pursuant to the Pitkin County Land Use Code and Colo. Rev. Stats. §§ 24- 68-101 - 106 (the "Vestee Kit hts Statute"), the 2006 Approvals each constituted and ?,wwnissa; r } 00001.6 RECEPTION#: 577499, 02J0812011 at 01:04:29 FMS t OF 7, R $0.00 Roc Code AGREEMENT Janice K. Vas Caudill, Pitkin County, CO t established vested property rights for the Rastegar Property and the Trigar Property pursuant to the Vested Rights Statute. Cr. In 2009, the: County granted approvals to the Property for subdivision exemption for minor plat amendment, minor amendment to a development permit, merger, activity envelope and extension of vested property righty, all pursuant to Resolution No. 016-2009 as recorded in the real property records of the County on April 9, 2009; at Reception leo. 557907 (die "2009 Approval'). The 2009 Approval and the 2046 Approvals are together referred to in this Agreement as the "County Ap rovalsI" H. Pursuant to the 2009 Approval; the County agreed to extend the vested property rights for the County Approvals until October 17, 2014. Development of the Property in accordance with the terms and conditions of the County Approvals will help to achieve important public policy and economic development goals of the County. It is anticipated to provide for orderly and well planned growth, promote economic development and stability within the County, ensure reasonable certainty; stability and fairness in the land use planning process, secure the reasonable investment -backed expectations of the Owners, avid foster cooperation between the public and private sectors. 1. Pursuant to the Vested Rights Statute, extension of vested property rights for a tette exceeding three years requires the County and the landowner to enter into a development agreement. The parties desire to enter into this Agreement as a development agreement pursuant to the Vested Rights Statute, AGREEMENT NOW, THEREI'ORE, in consideration of the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Owners agree as follows: 1. VFSTFD RIGHTS EXTENSION. This Agreement and the County Approvals constitute an approved "site-specific development plan" as defined in the Vested Rights Statute, and establish and extend vested property rights pursuant to the Vested Rights Statute to develop the Property in the manner contemplated by the County Approvals for a period ending on October 17, 2014. Except as permitted tinder the Vested Rights Statute (including; without limitation. Section 24-68-105), no zoning or land use action by the County or pursuant to an initiated measure that would alter, impair, prevent, diminish, imposing a moratorium on development, or otherwise delay the development or use of the Property as permitted pursuant to the Couruy Approvals shall apply to or be effective against the Properly or the development thereof. 000017 2. MLSCELL_A NEOUS. 2_1. Section Titles. The titles of the sections and paragraphs of this Agreement are for convenience of reference only and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 2.2. Amendment of Agreement This Agreement may be amended or terminated only by mutual consent of the County and the Owners in writing following the public notice and public hearing procedures required for approval of this Agreement 2.3. Binding Effect This Agreement shall inure to the benefit of, and be binding upon, each of the parties and their respective legal representatives, successors and assigns. 2A. Recording. 11nis Agreement shall be recorded in the real property records maintained by the Clerk and Recorder of Pitkin County, Colorado. 2.5. Counterroarts. This Agreement may be executed in multiple counterparts, [remainder of page intentionaAy blank) 000013 W031531}, l ; 3 I 000019 EXECUTED to be effective as of the date listed in the preamble of this Agreement BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN, STATE OF COLORADO the Board of Cahb0v Coimnissioners APPROVED: �lt �,�� Community Development Director {.aorrn 5yo r i ;, 4 Commissioners C�ount_y`Atttt'o e ��'LA RA GAR �By J. Bart Job n as his Attorney -in -Fact STATE OF COLORADO } ss: COUNTY OF PITKIN } i The foregoing instrument was acknowledged before me this /� day of ! '• l , 2010, by J. Dart Johnson as Attorney -in -Fact for Ali Reza Rastegar. Witness my hand and official seal. •"' ..Dy hiy!h mission expires: `1 1 \<u .L 10 p`tsOTazy `. f'vettc —' ONotary Public EWa m;z TRIGAR INVESTME`vTS, L.P., a Texas limited parknerslrip By: N J. Bar0ohnsoy TitC I itorney-in-Ffye1 STATE OF COLORADO } ss: COUNTY OF PITKIN } k— The foregoing instrument was acknowledged before me this /3 day of 01�a- 2010, by J. Burl Johnson as Attorney -in -Fact for Trigar Investments, L.P., a Texas limited partnership. Witness my band and official scat. mmissLOn expires: — 7 i ��.'� ( 0 Q -LI +'UBLIr r� Myuienssat'baresflak5a Ip42 (A�bL�15?Qi t } 000020 EXHIBIT A Legal Description of Rastegar Property Lots 2 and 3, Block 4, Knollwwod Subdivision, according to the plat thereof recorded January 7, 1963 in Plat Book 2A at Page 286, as Reception No. 114719, as amended by the Trigar Investments, LR, & Ali Reza Rastegar Lot Line Adjustment and Minor Plat Amenchnent to be recorded in conjunction with this Development Agreement; County of Pitkin, State of Colorado. I t 000021 (AW7753Ilrt} EXHIBIT B Legal Description of Trigar Property Lotsl, Block 4, Knollwvood Subdivision, according to the plat thereof recorded January 7, 1463 in Plat Book 2A at Page 286, as Reception No. 114719, as amended by the Trigar Investments, L.P., & Ali Reza Rastegar Lot Line Adjustment and Minor Plat Amendment to be recorded in conjunction with this Development Agreement, - 1 wr Q o OVIC 1 �'w�aS 11-14- !SI f c c p t Lx) 44' County of Pitkin, State of Colorado. _a, - `7 "7 Lf cl —7 , 00022 z f.• 1p/. J •�� ti N S _ Z r. > f ":11 1 la 5� < P ❑ N Ya < T f O kA+ig� ��� p / .i Z !4 C� i F z y w ¢Ee x x e1 Z F:4 Wm zk= 0 w - _ - P y _ y, q"xr d 5 z ca z_ < ❑ f :v aw` < s JJ k3s it J Q e � e. � •11I 11 �� �I 1 N y j�iN > z Ek. ❑ O i I Bs sa a F 000023 '6'R-oINOiSiAIQfi RS y�f1Yli ti3iYAl"I?iiS f.• 1p/. J •�� _ P ❑ n Ya T f O kA+ig� ��� p / ❑_ Z !4 C� i < ¢Ee x Wm u " 0 y z z_ < ❑ f J '6'R-oINOiSiAIQfi RS y�f1Yli ti3iYAl"I?iiS E £ s M £ $ s 4 a§ £ k Y 9 1s A LIEN, d $§ w Fs;£ : � �e � ➢ Yx n .pg�:S a$ 2 £ 4 § efi t 55'. 4� �a s§as.8°b1gFxi0 0 g4'a$ws a. ai€3sY 4 £e p ex ;'§v sq $ m wsd a Y a a. f Y P88 ¢ [ E J §8d £p F gYYdx £ ia� � � � Ss � ¢I W N < e\ado.- 9 s I S I I < ad ed.f a. ?; p Y., °y F R ¢ eii e�Y $Y Y Q! bq dq f p { '� Y °'L f Ski � < a$ T' . Y£2 w °qE - z Ir .s r c � •' e n e b� ♦ r Ct�pr h .ae / I z p �•g Win" / r ZO a ;5 B p$ 4 3•'I I� '1 aP 1 O ' o ? oc "'E n -e°, e�E 4 Z ? Yk pYr $ 1 — a4 Ep �� �� _-s• --- N x a$R i m e r g s $sem �. pE •• � '.. 1 • 1' 1 \ 11 -\i n n— — — — _ U V• i yFY_$� xS�CS Y �ysyV • 1 Y1 : i 53 q Ti�. 6 II ;III � w S I •, W_ M 5E 000024 # F Br m - �_ s K,.x: < a Y'- > -no e�ae'; m o x YiFSF='E.x-.-. a si Th! /8 ]Ye Yx tiYC'£ Y'dF � Y Y Y� YR9 •z ge g y6�[S.-x34.�Y' m e e r uieaaawnr Dire eu r�eeaar F I ^ xV4 41Y U ` Z = PcS ria: -s: L O r Z Ci Pc � s < I• t 1 ' � :g� iL^"va:ce;_s;£ a z YC 5 �� M a L [q3 nx4�4Y5 iy:9`5 ry 6 � w k3 3 - h� t e'C' a x: •. _.. .x E 9 1 i•c> :e. s zk_ 4..-] O s:^ N a � Z e v . ro.r..aaeev r+v'•+ rv: ri.r,v F F r Ef=ee nnnn,)F; P COLORADO DEPARTMENT OF TRANSPORTATION CDOT Permit No. 311088 STATE HIGHWAY ACCESS PERMIT State Highway No/Mp/Side 1082 A / 42.300 / R Local Jurisdiction Permit fee Date of transmittal Region/Section/Patrol $674.00 6/10/2011 3 / 02 / 16-2 Floyd Strader pen The Permittee(s); Applicant: Ref No.: Trigar Investments, LLC Newland Project Resources Ali Ebrahiml Tom Newland 8403 Westglen Drive #100 PO Box 4815 Houston, TX 77063 Basalt, CO 81621 970-927-4645 970-927-4645 is hereby granted permission to have an access to the state highway at the location noted below. The access shall be constructed, maintained and used in Code attachments, terms, conditions and exhibits. This permit may be revoked accordance with this permit, including the State Highway Access and any by the issuing authority if at any time the permitted access and its use violate any parts of this permit. The issuing authority, the Department and their duly appointed agents and employees shall be held harmless against any action for personal injury or property damage sustained by reason of the exercise of theertnit. Location: Located on the south side of SH 82, a distance of 2060' east of 42mm Access to Provide Service to: (ted use Code:) (Size or Count) (Units) 2 DHV 210 - Single -Family Detached Housing (2 units) Additional Information: MUNICIPALITY OR COUNTY APPROVAL Required only when the appropriate local authority retains issuing authority. Sign t Name Title I Date 7r i (3 Upon the signin Is permit the permittee agrees to the ti and conditions a1hd referepti attachments contained and shall be finished within 45 days from herein. All construction shall be completed in an expeditious and safe manner in with the terms and conditions of the permit prior to Initiation. The permitted access shall be completed accordance being used. The permittee shall notify Don Poole with the Colorado Department of Transportation in Grand Junction, Colorado at (970) 384-3366, at least 48 hours prior to commencing construction within the State Highway right-of-way. The person signing as the permittee must be the owner or legal representative of the property served by the permitted access and have full authority to accept the permit and its terms and conditions. Permittee Signature Print Name Date This permit is not valid until signed by a duly authorized representative of the Department. COLORADO DEPARTMENT OF TRANSPORTATION Signature Print Name Title Date (of issue) __ --------- Frednus editions are obsolete and may not be used Copy Distribution: Required: 1.Region 2.Applicant nnnn*) 3.Staff Access Section Local Authority Inspector 4.Central Files MTCE Patrol Traffic Engineer Page 1 of 3 CDOT Form #101 5/07 State Highway Access Permit Form 101, Page 2 The following paragraphs are excerpts of the State Highway Access Code. These are provided for your convenience but do not alleviate compliance with all sections of the Access Code. A copy of the State Highway Access Code is available from your local issuing authority (local government) or the Colorado Department of Transportation (Department). When this permit was issued, the issuing authority made its decision based in part on information submitted by the applicant, on the access category which is assigned to the highway, what alternative access to other public roads and streets is available, and safety and design standards. Changes in use or design not approved by the permit or the issuing authority may cause the revocation or suspension of the permit. APPEALS 1. Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the [Transportation] Commission [of Colorado]. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant. 2. Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority. 3. In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to [Code] subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit. 000027 PERMIT EXPIRATION 1. A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be 'granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed. ' CONSTRUCTION 1. Construction may not begin until a Notice to Proceed is approved. (Code subsection 2.41 2. The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector. 3. The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit. 4. The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger r State Highway Access Permit Form 101, Page 3 highway property, natural or cultural resources protected by law, or the health and safety of workers or the public. 5. Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access. 6. The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as amended. 7. A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair. S. In the event it becomes necessary to remove any right-of- way fence, the posts on either side of the access shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All posts and wire removed are Department property and shall be turned over to a representative of the Department. 9. The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. 10. Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of- way or any adopted municipal system and drainage plan. 11. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits n00023 or clearances required for construction of the access. Issuance of this access permit does not constitute verification of the above required actions by the Permittee. By accepting the permit, the permittee stipulates and agrees to fully protect, save, defend, indemnify, and hold harmless, to the extent allowed by law, the issuing Authority, and each of the Authority's directors, officers, employees, agents and representatives, from and against any and all claims, costs (including but not limited to all reasonable fees and charges of engineers, architects, attorneys, and other professionals or expert witnesses and all court or other dispute resolution costs directly incurred by reason of claims directly brought against the Authority), losses, damages, pre- or post- judgment interest, causes of action, suits, or liability of any nature whatsoever by reason of liability imposed due to Permittee's failure to obtain, or disregard of, any applicable federal, state or local environmental permits, approvals, authorizations, or clearances, or in meeting or complying with any applicable federal, state or local environmental law, regulation, condition or requirements in connection with any activities authorized by this Access Permit. CHANGES IN ACCESS USE AND PERMIT VIOLATIONS 1. It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors -in -interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required. 2. When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S. MAINTENANCE 1. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. Form 101, Page 3 STATE HIGHWAY ACCESS PERMIT 311088 June 10, 2011 Located on Highway 082A near RIP 42.416 Right Issued to Trigar Investments LP TERMS AND CONDITIONS 1. This permitted access is only for the use and purpose stated in the Application and Permit. This Permit is issued in accordance with the State Highway Access Code (2 CCR 601-1), and is based in part upon the information submitted by the Permittee: Any subsequent relocation, reconstruction, or modifications to the access or changes in the traffic volume or traffic nature using the access shall be requested for by means of a new application. Any changes causing non-compliance with the Access Code may render this permit void, requiring a new permit. 2. The traffic volume shall be 2 DHV. This is for two single family homes. The access for Knollwood Subdivision Block 4 Lot 2 and Lot 3. 3. This access shall be constructed 16-25 feet wide with turning radii to accommodate the minimum turning radius of the largest vehicle or 25 foot, whichever is greater. 4. An 18 -inch minimum culvert with protective end treatments may be required for this access. The culvert shall be kept free of blockage to maintain proper flow and drainage. 5. The access shall be constructed perpendicular to the travel lanes of the State Highway for a minimum distance of 40 feet from the edge of roadway. Side slopes shall be at a 4:1 slope on the roadway. The roadway shall slope away from the highway at a -2% grade for the first 20 feet of driveway. This design shall be in conformance with section 4 of the State Highway Access Code, 2CCR 601-1. 6. Materials Placing and Compaction of Driveway: Unless the Applicant has approval from the Access Manager which may state otherwise, the following will be required for driveway construction: Sub-Base:6 inches of Class 3 gravel in one 6 -inch lifts, Base: 6 inches of class 6 gravel in two 3 -inch lifts, Surface: 2inches of Pavement in one E inch lifts. Compaction of the subgrade, embankments and backfill shall comply with section 203.08 of the Colorado Highway Standard Specifications for Road and Bridge Construction. 7. The access shall be surfaced in accordance with Section 4.7 of the Access Code immediately upon completion of earthwork construction and prior to use. This access shall be hard surfaced in accordance with Section 4.7 of the Access Code a minimum distance of 50 feet from the traveled way or to the CDOT Right -of -Way. Where the hard surface is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. Surfacing shall meet the Department's specifications with minimum surfacing to be equal to or greater than existing highway conditions. 8. This permit replaces any and all additional access permits that maybe inexistence for this access. 9. It shall be the responsibility of the Permittee to maintain adequate sight distance for this driveway. Trimming of vegetation or trees to maintain adequate sight distance is the sole responsibility of the Permittee. 10. A Notice to Proceed, CDOT Form 1265, is required before beginning construction on the access or any activity within the highway Right -of -Way. To receive the Notice to Proceed the Applicant shall submit a complete packet to CDOT with the following items: (a) A cover letter requesting a Notice to Proceed; and the intended date to begin construction. 000029 E STATE HIGHWAY ACCESS PERMIT 311088 Located on Highway 082A near RP 42.416 Right Issued to Trigar Investments LP June 10, 2011 (b) Construction Plans Stamped (11"x 17" with a minimum scale of 1" = 50') by a Colorado Registered Professional Engineer in full compliance with the State Highway Access Code The plan shall provide: i) Plan view with driveway dimensions - turn radius, width, slope, gates, etc. ii) Typical road section - existing and proposed sub base, base, pavement, and shoulder dimensions. iii) Centerline profile of the access/Hwy connection showing depths, driveway slope, etc. (c) Certificate of Insurance Liability as per Section 2.3(11)(i) of the State Highway Access Code. (d) A certified Traffic Control Plan in accordance with Section 2.4(6) of the Access Code. The Traffic Control Plan shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during construction. 11. No drainage from this site shall enter onto the State Highway travel lanes. The Permittee is required to maintain all drainage in excess of historical flows and time of concentration on site. All existing drainage structures shall be extended, modified or upgraded, as applicable, to accommodate all new construction and safety standards, in accordance with the Department's standard specifications. 12. Open cuts, which are at least 4 inches in depth, within 30 feet of the edge of the State Highway traveled way, will not be left open at night, on weekends, or on holidays, or shall be protected with a suitable barrier per State and Federal Standards. 13. Nothing in this permit shall prohibit the Chief Engineer from exercising the right granted in CRS 43-3-102 Including but not limited to restricting left hand turns by construction of physical medial separations. 14. The Permittee is responsible for obtaining any necessary additional Federal, State and/or City/County permits or clearances required for construction of the access. Approval of this access permit does not constitute verification of this action by the Permittee. Permittee is also responsible for obtaining all necessary utility permits in addition to this access permit. 15. All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U.S. Occupational Safety and Health Administration (OSHA) regulations - including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction. Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in regulation. 16. The Permittee shall provide accessibility features to accommodate all pedestrians including persons with disabilities for all pathways during and after construction. 17. The Permittee is required to comply with the Americans with Disabilities Act Accessibility Guidelines (ADAAG) that have been adopted by the U.S. Architectural and Transportation Barriers Compliance Board (Access Board), and incorporated by the U.S. Attorney General as a federal standard. These guidelines are defining traversable slope requirements and prescribing the use of a defined pattern of truncated domes as detectable warnings at street crossings. The new Standards Plans and can be found on the Design and Construction 000030 STATE HIGHWAY ACCESS PERMIT 311088 June 10, 2011 Located on Highway 082A near RP 42.416 Right Issued to Trigar Investments LP Project Support web page at: htto://www.dot.state co us/DesignSuoport/, then click on Design Bulletins. 18. When it is necessary to remove any highway right-of-way fence, the posts on either side of the access entrance shall be securely braced with approved end posts and in conformance with the Department's M-607-1 standard, before the fence is cut, to prevent slacking of the remaining fence. All materials removed shall be returned to the Department. 19. The permittee, his or her heirs, successors -in -interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access -related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and' specifications in which case the permittee shall be responsible for such repair. Any significant repair such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. 20. Any damage to present highway facilities including traffic control devices shall be repaired immediately at no cost to the Department and prior to continuing other work. 21. During access construction no construction personal vehicles will be permitted to park in the state highway right-of-way. 22. If the access has a gate across it, the gate shall be set back far enough from the highway so that the longest vehicle using it can clear the roadway when the gate is closed. 23. Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Department inspector. If mud is an obvious condition during site construction, it is recommended that the contractor build a Stabilized Construction Entrance or Scrubber Pad at the intended construction access to aid in the removal of mud and debris from vehicle tires. The details of the Stabilized Construction Entrance can be found in the M & S Standards Plan No. M-208-1. 24. A fully executed, complete copy of this permit and the Notice to Proceed must be on the job site with the contractor at all times during the construction. Failure to comply with this or any other construction requirement may result in the immediate suspension of work by order of the Department inspector or the issuing authority. 25. No work will be allowed at night, Saturdays, Sundays and legal holidays without prior authorization from the Department. The Department may also restrict work within the State Highway right-of-way during adverse weather conditions. 26. The access shall be completed in an expeditious and safe manner and shall be completed within 45 days from initiation of construction within State Highway right-of-way or in accordance with written concurrence of the Access Manager. All construction shall be completed in a single season. 000031 A STATE HIGHWAY ACCESS PERMIT 311088 Located on Highway 082A near RP 42.416 Right Issued to Trigar Investments LP June 10, 2011 27. All costs associated with any type of utility work will be at the sole responsibility and cost of the Permittee and at no cost to CDOT. 28. Areas of roadway and/or right-of-way disturbed during this installation shall be restored to their original conditions to insure proper strength and stability, drainage and erosion control. Restoration shall meet the Department's standard specifications for topsoil, fertilization, mulching, and re -seeding. 29. Upon the completion of the access and prior to any use as allowed by this permit, the Applicant shall notify the Access Manager by certified mail within 10 days to request a final inspection. This request shall include certification that all materials and construction have been completed in accordance with all applicable Department Standards and Specifications; and that the access is constructed in conformance with the State Highway Access Code, 2 CCR 601-1, including this permit. The Engineer of Record as indicated on the construction plans, shall be present for this inspection. The access serviced by this permit may not be opened to traffic until written approval has been given from the CDOT Access Manager. 000032 t.ULUKADO DEPARTMENT OF TRANSPORTATION Environmental Clearances Information Summary PURPOSE - This summary is intended to inform entities external to CDOT that may be entering the state highway right-of-way to perform work related to their own facilities (such as Utility, Special Use or Access Permittees), about some of the more commonly encountered environmental permits/clearances that may apply to their activities This listing is not all-inclusive - additional environmental or cultural resource permits/clearances may be required in certain: instances Appropriate local, state and federal agencies: should be contacted for additional information if there is any uncertainty. about what permits/clearances are required for a specific activity. IMPORTANT -Please Review The Following Information Carefully — Failure to Comply With Regulatory Requirements May Result In Suspension or Revocation of Your COOT: Permit, Or Enforcement Actions By Other Agencies 7e may below, the following individuals or agencies CLEARANCE CONTACTS -As indicated in the permit/c may becontacted for additional information. • Colorado Department of Public Health and Environment (CDPHE). General Information - (303) 692-2035 Water Quality Control Division (WQCD):.(303) 692-3500 :Environmental Permitting Website hftp://www.cdi)he.state co us/Dermits..aso. • CDOT Water Quality Program Manager, .Rick Willard (303) 757-9343 http://www.coloradodot info/programs/environmental/water- gUak • CDOT Asbestos Project Manager. Theresa Santangelo-Dreiling, (303) 512-5524 • Colorado Office of Archaeology and Historic Preservation: (303).866-3395 U.S. Army Corps. of Engineers, District Regulatory Offices: Omaha District (NE Colorado), Denver Office (303)979 4120 http://Www.nwo.usace.army.mil/html/od-tl/tri-lakes.html Sacramento. Dist. (Western: CO), Grand Junction Office (970) 243-1199 httQ://Www.sl)k.usace.army.mil/cesl)k-co/reqU[2tQ`rv/ Albuquerque District (SE Colorado), Pueblo Reg. Office (719) 543-6915 http //www.srpa.usace.armv.mi1/req/ • CDOT Utilities, S ecial Use and Access Permittin 303 757-9654 htt//www dot state.co us/Permits/ Ecological Resources — Disturbance of wildlife shall be avoided to the maximum extent practicable Entry into areas of known or suspected threatened or endangered species habitat will require special authorization from the COOT permitting office. If any threatened or endangered species are encountered during the progress of the permitted work',: work in the subject area shall be halted ` and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation of work. Information about threatened or endangered species may be obtained from the CDOT website, http.//coloradodot info/programs/environmental/wildlife/guidelines,. or the Colorado Division of. Wildlife website http:/Iwildlife state co us/WildlifeSoecies/SpeaesOfConcern/ Additional guidance may be provided by the appropriate Re ion Plannin and Environmental Manager RPEM . Cultural Resources - The applicant must request a file search of the permit area through the. Colorado Office of Archaeology and Historic Preservation (OAHP), Denver, to ascertain if historic or archaeological resources have previously been identified Inventory of. the permit area by a qualified cultural resources specialist may be necessary, per the recommendation of CDOT. If archaeological' sites/artifacts or historic resources are known to exist prior to the initiation of the permitted work or are encountered as the project progresses, all work in. the subject area shall be halted and the CDOT Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization: must be provided by CDOT prior to the continuation of work. Additional guidance maybe provided by the Regional Permitting Office and RPEM; Contact Information:- Contact the OAHP for file searchat(303).866-3395. Paleontological -Resources The '.applicant must request fossil locality file search through the University of Colorado Museum, Boulder, and the Denver Museum of Nature and Science to: ascertain if paleontological resources have been previously identified. Inventory of the permit area by a qualified paleontologist may be necessary, per the recommendation of CDOT. If fossils are encountered during the permitted work, all work in the subject area shall be halted and the CDOT-Regional Permitting Office and Region Planning and Environmental Manager shall be contacted immediately. Authorization must be provided by CDOT prior to the continuation ofwork. .Additional guidance may: be provided by the Regional Permitting Office. in the Permit. Special Provisions. .Contact Information: Contact the: COOT Paleontologist at (303),757-9632 Hazardous Materials: Solid Waste - The Solid Wastes Disposal Sites and Facilities Act C.R S 3U-20-1 00, at al, and Regulations Pertaining to Solid Waste Disposal Sites and Facilities (6 CCR 1007-2), prohibit solid waste disposal without an approved Certificate of Designation (a landfill permit). The Colorado Hazardous' Waste Act C.R.S. 25-15-301 et al and the Colorado Hazardous Waste'.' Regulations (6 CCR 1007-3) prohibit the transfer, storage or disposal (TSD) of hazardous waste except at permitted TSD sites. There. are no permitted landfills or TSD sites within the State Highway Right of Way. Therefore, all solid or hazardous wastes that might be generated by the activities of entities entering the State Highway Right of Way must be removed from the ROW and disposed of at'a permitted facility or designated collection point (e.g., for solid waste a utility or construction company's own dumpster). If pre-existing solid waste or hazardous materials contamination (including oil or petroleum contaminated soil, asbestos, chemicals, mine tailings, 2. etc) is encountered during the performance of work the permittee shall halt work in the affected area and immediately contact the CDOT Regional Permitting Office for direction as to how to proceed Contact Info: Andy Flurkey, CDOT Hazardous Materials Project .Manager, (303) 512-5520. ients of the CDPHE Air Pollutic I soil, must comply with the CD ie application for any CDOT pe Bquested. Additional guidance id HMWMD Regulations canbE Environmental Clearances Information Summary 000033 in finent:Juperyisor (303) 512-5524. Page 1 of 3 Colorado Department of Transportation k done in ID) Solid intact rove. )3) 512 '.. December'10 A Transportation of Hazardous Materials - No person may offer or accept a hazardous material for transportation in commerce unless that person is registered in conformance with the United States Department of Transportation regulations at 49 CFR, Part 171. The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment as required or authorized by applicable requirements, or an exemption, approval or registration has been issued. Vehicles requiring a placard, must obtain authorization and a State HAZMAT Permit from the Colorado Public Utilities Commission. Contact Information: For authorization and more info call the Federal Motor Safety Carrier Administration, US DOT for inter- and intra -state HAZMAT Registration 303 969-6748. Colorado Public Utilities Commission: 303 894-2868. Discharge of Dredged or Fill Material 404 Permits Administered By the U.S. Army Corps of Engineers, and Section 401 Water Quality Certifications Issued by the CDPHE WQCD - Corps of Engineers 404 Permits are required for the discharge of dredged or fill materials into waters of the United States, including wetlands. There are various types of 404 Permits, including Nationwide Permits, which are issued for activities with relatively minor impacts. For example, there is a Nationwide Permit for Utility Line Activities (NWP #12). However, depending upon the specific circumstances, it is possible that either a "General" or "Individual" 404 permit would be required. If an Individual 404 Permit is required, Section 401 water quality certification from the CDPHE WQCD is also required. Contact the appropriate Corps District Regulatory Office for information about what type of 404 permit may be required contact information above). Contact the CDPHE Water Quality Control Division at 303 692-3500. Working on or in any stream or its bank - In order to protect and preserve the state's fish and wildlife resources from actions that may obstruct, diminish, destroy, change, modify, or vary a natural existing stream or its banks or tributaries, it may be necessary to obtain a Senate Bill 40 certification from the Colorado Department of Natural Resources. A stream is defined as 1) represented by a solid blue line on USGS 7.5' quadrangle maps; and/or 2) intermittent streams providing live water beneficial to fish and wildlife; and/or 3) segments of streams supporting 25% or more cover within 100 yards upstream or downstream of the project; and/or 4) segments of streams having wetlands present within 200 yards upstream or downstream of the project. The Colorado Division of Wildlife (CDOW) application, as per guidelines agreed upon by CDOT and CDOW, can be accessed at htt://www.coloradodot.info/ ro rams/environmental/wildlife/ uidelines. Stormwater Construction Permit (SCP) and Stormwater Discharge From Industrial Facilities - Discharges of stormwater runoff from construction sites disturbing one acre or more - or certain types of industrial facilities, such as concrete batch plants - requires a CDPS Stormwater Construction Permit. Contact Information: For Utility/Special Use activities being performed in conjunction and coordination with a CDOT highway construction contract, please contact the CDOT Water Quality Program Manager at (303) 757- 9343. Otherwise, contact the CDPHE Water Quality Control Division at (303) 692-3500. Website: http//www.cdohe.state.co.us/wci/PermitsUniVindex.html. Construction Dewatering (Discharge or Infiltration) — Discharges of water encountered during excavation or work in wet areas may require a Construction Dewatering Discharge Permit. Contact Information: For Construction Dewatering Discharge Permits, contact the CDPHE WQCD at (303) 692-3500. For Dewatering Application and Instructions, see Section 3 at the CDPHE website: htt :I/www.cdohe.state co us/w/PermitsUnit/FORMSandA lications/A sandformsnew a e.html Municipal Separate Storm Sewer System (MS4) Discharge Permit— Discharges from the storm sewer systems of larger municipalities, and from the CDOT highway drainage system that lies within those municipalities, are subject to MS4 Permits issued by the CDPHE WQCD. For facilities that lie within the boundaries of a municipality that is subject to an MS4 permit, the owner of such facility should contact the municipality regarding stormwater related clearances that may have been established under that municipality's MS4 permit. All discharges to the CDOT highway drainage system or within the Right of Way (ROW) must comply with the applicable provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations Permit # COS - 000005 (htt//www coloradodot info/programs/environmental/water-quality/documents/CDOT°/ 20MS4%2OPermit.doc/view) and COR -030000 (http //www cdphe state co us/wq/PermltSUnit/PERMITS/SWpermitsrats/SWConstructionPErmit.pdf). Discharges are subject to inspection by CDOT and CDHPE. Contact the CDPHE Water Quality Control Division at (303) 692-3500 for a listing of municipalities required to obtain MS4 Permits, or go to htt://www.cdphe.state.co uslw/ ermitsunit/MS4/MS4Permittees. df. General Prohibition — Discharges - All discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado Discharge Permit Regulations. Prohibited discharges include, but are not limited to, substances such as wash water, paint, automotive fluids, solvents, oils or soaps and sediment. Allowable non-stormwater discharges can be found at http://www.coloradodot.info/programs/environmental/water-quality/glossary.html#AllowableDischarge. Contact Information: Contact the CDOT Water Quality Program Manager at (303) 757-9343, or the Colorado Department of Public Health and Environment, Water Quality Control Division at 303 692-3500. General Authorization -Allowable Non-5tonnwater Discharges - Unless otherwise identified by CDOT or the WQCD as significant sources of pollutants to the waters of the State, the following discharges to stormwater systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, uncontaminated springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities. Contact Information: The CDOT Water Quality Program Manager or the CDPHE Water Quality Control Division (telephone #'s listed above). Erosion and Sediment Control Practices - For activities requiring a Stormwater Construction Permit, erosion control requirements will be specified through that permit. In those situations where a stormwater permit is not required, all reasonable measures should be taken in order to minimize erosion and sedimentation according to CDOT 208 specifications. In either case, the CDOT Erosion Control and Stormwater Quality Guide (most recent version) should be used to design erosion controls and to restore disturbed vegetation. Contact Information: The CDOT Erosion Control and Stormwater Quality Guide may be obtained from the Bid Plans Office at (303) 757-9313 or from: http //www.dot.state.co. us/environmental/envWaterQual/wgms4.asp Error! Hyperlink reference not valid. Disposal of Drilling Fluids -Drilling fluids used in operations such as Horizontal Directional Drilling may be classified as "discharges' or "solid wastes", and in general, should be pumped or vacuumed from the construction area, removed from the State Highway Right of Wa ,and dis osed of ai ermitted facilities that specifically accept such wastes. Disposal of drilling fluids into storm drains, storm Environmental Clearances Information Summary Page 2 of 3 Colorado Department of Transportation Deoember'10 000034 sewers, roadside ditches or any other type of man-made or naturalwaterway is prohibited by. Water Quality Controland/or Solid Waste. regulations. Small quantities of drilling fluid solids: jless than 1cubic yardof solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided: 1) thedrillingfluid consists of only water and bentonite clay, or, If required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling 2) the solids are fully contained in a'.pit, and are not likely to. pose a nuisance to future work in the area, 3) the solids are covered and the area restored as required by CDOT permit requirements .(Utility, Special Use, or. Access Permits etc.). Contact Information: Contact the CDOT / CDPHE Liaison or CDOT Water Quality Program Manager. Concrete Washout= Waste generated from concrete activities shall NOT be allowed to flow into the drainage ways, inlets, receiving waters or in the COOT ROW. Concrete waste shall be placed in a temporary concrete washout facility and must be located a minimum of 50 feet: from state waters drainageways, and: inlets Concrete washout shall only be performed as specified by the CDOT.. Environmental Program and shall be in accordance to COOT specifications and, guidelines. Contact Information 'Contact the CDOTsss Water Quality Program Manager: at (303) 757-9343 Website: http7lwww coloradodot info/programs/environmental/water guallty/revised-m standards' refer to the link. Revision of Sections 101 107 208, 213 and 620 Water Quality Control One or More.' Acres of Disturbance for additional guidance. Spill Reporting - Spills shall be contained: and cleaned up as soon as possible Spills shall NOT be washed down Into the storm.' drain or buried. All spills shall be reported to the CDOT Illicit Discharge Hotline at (303) 512-4446 (41-120), as well as the Regional:. Permitting Office and Regional Maintenance Supervisor.' Spills on highways, Into waterways, any spill in the highway right-of-way exceeding 25 gallons, or that may othervwse present an immediate danger to the public shall be reported. by calling 91.1, and shall also be reported to the CDPHE at 1-877-518-5608, About This Form - Questions or: comments about this Information Summary may directed to Alex Karami CDOT Safety & Traffic Engineering, Utilities Unit, at (303) 757-9841, mailto:alex.karami@dot.state.co.us Environmental Clearances Information Summary 000035 Page 3 of 3 Colorado Department of Transportation December'10 R PO.Bor4815 4)' U,q,,3l dezd, Un18 Ba!att.(O """ ?hone 19]0) W7 4At Fax:1970) 4J , 0105 .,mcC�cP+Is net May 5, 2011 Catherine Berg Aspen/Pitkin County Community Development Department 130 South Galena Aspen, CO 81611 oo 17 20 1 1 RE: EARTHMOVING PERMIT APPLICATION —LOTS 1, 2 & 3, BLOCK 4, KNOLL WOOD SUBDIVISION Dear Catherine: Please accept this letter as my formal submission of the information required for an Earthmoving Permit for residential use at Lots 1, 2 and 3, Block 4 of the Knollwood Subdivision. This property is located approximately 1 mile east of Aspen on the south side of Highway 82. LOCATION: Exhibit A is a vicinity map of the property. The property is located just east of the Roaring Fork Drive intersection at State Highway 82. LAND USE APPROVALS: The parcels have received land use approval for construction of 3 single family homes and associated infrastructure as evidenced in EXHIBIT B. DESCRIPTION OF THE WORK: The purpose of the project is to place the Salvation Ditch in a culvert as it passes through the properties; place the required utilities (water, ACSD sewer, Holy Cross Electric; Qwest Communications; and Comcast communications); construct a new driveway over the buried ditch and utilities; place the necessary fill to prepare the building envelopes for construction, and to reclaim and revegetate the disturbed areas on the properties. It is our intent to place the improvements this year and then to come back in the spring of 2012 if necessary to finish the project. The proposed work will impact approximately 43,225 square feet, or 0.99 acres. As such, a General Permit for Stormwater Discharge from the State of Colorado is not required. A detailed Drainage/Stormwater Management Plan for the work is attached as EXHIBIT C. The applicant commits to placing the Best Management Practices (BMPs) described within EXHIBIT c to insure that drainage off the site is not silted or otherwise contaminated by loose soil or road base. Being that the driveway will be on previously undisturbed surface, clearing or grubbing of the project site is necessary. Attached as EXHIBIT D is a copy of a Revegetation Plan that is a will be placed to provide ground cover over the disturbed edges of the driveway after it is placed. A Construction Management Plan for the work is attached as EXHIBIT E. Pitkin County MAY 18 2011 000030 Community Develcpment An earthmoving contractor will be selected in June for the work described above. The Salvation Ditch Company has approved the work and will be shutting off the ditch on October 15t. We would like to begin project mobilization and set-up on the property on September ht, 2011. I hope this letter, associated exhibits and permit form is suitable for the permit application submission. If you have any questions, require further information, or would like to inspect the site, please call me at 927-4645. Sincerely, Tom Newland Newland Project Resources, Inc. Rostegor Earthmoving Permit Cover Letter 000031 Page 2 TRIGAR INVESTMENTS, L.P. & ALI REZA RASTEGAR LOT LINE ADJUSTMENT LCKL I N U YO N [w RnRIK NF C lY NA,N' 11.00' I.N1.. c 1 NY,N' H' ANIS MINOR P LAT AMENDMENT 11X0 Iul NHpMIr We �Or 1 fLpCll n, YNLL�p� L1�InIM. K< ND 0 1 ILI•� �IeNy LDI� Kp ]. yM 1. NWL�Wy �1yp Yflp1 ,0 ilf ILK i1NGOr NYND INUNv ]. 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J[WF01Fp Tp TNENn.IIT ]Fill¢P pCMOW 1/)�N IN ILAi gYgNM FTyrAOG ]MA] WIIIrIM 1 1ei11 FKMWO IVWMY ]p NI��F21V. ^SII' DOA IANC Y MHI]IM Ir11,�OY M NOF IIAR Y GLb!M ONtlINIP L.aW M. !r. 4 IO.1M MJn •i'1 CONFINING: aa.eMO N. fl..P IO. Oa AME./.t rMf6 n No, nU n. of MJ I n 10 W, ]]n IM DI ON . 2131 Ids OI M NEW SALVATION DITCH EASEMENT NEW SIRS PATH EASEMENT Mal NOT pgMe IIAFr1 pp brMn ] er `en o pp II E IM IE Ie.Faxlr a ux IM er pi TMf OIA irn X{dID:.P. rlrilx M.".M.". CK D0.. eN31N Y rOLLLIOW, p�GIry1:Np A A IDIMr Y `IME yI J!/.N X:px��Y Ne q INC i I. I. ilp If IO.K+ IILOr JI, ar.[IIaMp e/,MIOM r 0e{�XE K yE¢yn1,IP X NiM EfWY�linl0(r MYEIeNKY I�IRgW,Pei C4�I,11pP "tll7o aNI e e I(: ryi,'.?P� aoA�E[exe "x',Ig� 'sig%1iMFS6_I�pF T}' Pepy (i(Sill"s'A"u S'i*Ifi w1er MOr II 10 n.N! IIEII 'MOL M M.I 1747 IM 01 oM tIK MYIIN eIE]JW1 l I J wil'JP! tlA]' L 1 N wY'or. or' L 1 F 3Y ]I 9174 A. aO.IG' W'I O[L]A NCJ OIeG YC iNAPIAT WIO G WARRING 11 IPI' m MHJ.M' IN.OI' not, 4..5' I At 1". LEGAL DESCRIPTION F U rnrN (µ x1 urW1,G2iY((ppyyyylpy Yrna0pOTeeF'LpAA1T 1ryFNE4HENOOr rrILara $O1.WOo.aNY �M YMP IMrIGYLWLYIq[aC,IBEO 1, CY, Ift g•1,AtY, TiAp'*IP`TFWI r pMTiEaLY`o00Noo. I�IQK 14Lot% WODI'AIOM N WASITyyC �rO(310 .D(EM N 1'/'M �T� 'L�'1EEiirOTF'w NC to Y LI Or IIlLIATM p YIaIM I u p., i ,�(M IS la'E[i OM E ID fFy pLY t NGF GI' fEEi LM (e'Jp'E �{ NE}NENryC(E X !. fO,Opi N�l),yp (6 K T;T IA.DI pI iL[i µ w A. OG 1 ].JP y ♦W♦�� �N[pE N(IE PeSrr MIGIne tp(€AFS p Ia INT .I WE iEIT ` iNINOR NI1NIJSG1T I[EI IWFG IN L ... NO 0 J}�NEEfinmu � W app µpO�O�y[ `I�ry NY IM[W YN3110 I ppY {[ MAi{WM]N I"�"'• FWf0�1EO�. N rF IAM EMSIYMI le IICCOIIAID IIIIrEaINL.�Z •��T"� Ni .1��� I.�OiMI G Vir��l /F1FA1LwW�ITG.LoiT 1W1Ul ]0 rl I AT 1 1I a`oNNiMI"NO,[Trl[ •rE IM A NEr T rNe DI FORMER SALVATION DITCH EASEMENT MIDI P 1~ INwfIM I SI:LNATI ON DITCH t-SE1ENT cos I;ors I I sor e kAr LARM&W I ✓silo. I I 1 $ sor i„ I jar r I sor r 4 ZAWJ & r Sari. I f I � I I lIY YYIN eNINW lIY YNIY MAINE tl IPN'Y'1 NAI' 111 EPY'YY 110 1N.Y' 0 t l F WM'Y'I ItY' t II F gIY'IfE Ob' 11 'WY'Wl xJ' LN IWN'Ill N.P 'Mom HIII IWY'l1Y J.11' L IWY'll'f It.. to WN N.II' UN'Tl"l'1 YLY' LNN W'WE lL e YL.N' 11YY Jw F1 11rM'W]Y.N' LN FPN'YY A. l I lirl"Al W. L N F WPW Yin' LEGAL DESCRIPTION A D11CO1 Ed TTpEI TED M ilMt KAr YENYl11r W LOr1 I. 9 3 J. KOCF FIATIF GiJLU i�YMNDE.EPII IONii it LI GMA]Y. LVLDIIWO. YID RIMO JYM NEW SIRS PATH EASEMENT Mal NOT pgMe IIAFr1 pp brMn ] er `en o pp II E IM IE Ie.Faxlr a ux IM er pi TMf OIA irn X{dID:.P. rlrilx M.".M.". CK D0.. eN31N Y rOLLLIOW, p�GIry1:Np A A IDIMr Y `IME yI J!/.N X:px��Y Ne q INC i I. I. ilp If IO.K+ IILOr JI, ar.[IIaMp e/,MIOM r 0e{�XE K yE¢yn1,IP X NiM EfWY�linl0(r MYEIeNKY I�IRgW,Pei C4�I,11pP "tll7o aNI e e I(: ryi,'.?P� aoA�E[exe "x',Ig� 'sig%1iMFS6_I�pF T}' Pepy (i(Sill"s'A"u S'i*Ifi w1er MOr II 10 n.N! IIEII 'MOL M M.I 1747 IM 01 oM tIK MYIIN eIE]JW1 l I J wil'JP! tlA]' L 1 N wY'or. or' L 1 F 3Y ]I 9174 A. aO.IG' W'I O[L]A NCJ OIeG YC iNAPIAT WIO G WARRING 11 IPI' m MHJ.M' IN.OI' not, 4..5' I At 1". LEGAL DESCRIPTION F U rnrN (µ x1 urW1,G2iY((ppyyyylpy Yrna0pOTeeF'LpAA1T 1ryFNE4HENOOr rrILara $O1.WOo.aNY �M YMP IMrIGYLWLYIq[aC,IBEO 1, CY, Ift g•1,AtY, TiAp'*IP`TFWI r pMTiEaLY`o00Noo. I�IQK 14Lot% WODI'AIOM N WASITyyC �rO(310 .D(EM N 1'/'M �T� 'L�'1EEiirOTF'w NC to Y LI Or IIlLIATM p YIaIM I u p., i ,�(M IS la'E[i OM E ID fFy pLY t NGF GI' fEEi LM (e'Jp'E �{ NE}NENryC(E X !. fO,Opi N�l),yp (6 K T;T IA.DI pI iL[i µ w A. OG 1 ].JP y ♦W♦�� �N[pE N(IE PeSrr MIGIne tp(€AFS p Ia INT .I WE iEIT ` iNINOR NI1NIJSG1T I[EI IWFG IN L ... NO 0 J}�NEEfinmu � W app µpO�O�y[ `I�ry NY IM[W YN3110 I ppY {[ MAi{WM]N I"�"'• FWf0�1EO�. N rF IAM EMSIYMI le IICCOIIAID IIIIrEaINL.�Z •��T"� Ni .1��� I.�OiMI G Vir��l /F1FA1LwW�ITG.LoiT 1W1Ul ]0 rl I AT 1 1I a`oNNiMI"NO,[Trl[ •rE IM A NEr T rNe DI FORMER SALVATION DITCH EASEMENT MIDI P 1~ INwfIM I cos I;ors I I sor e kAr LARM&W I ✓silo. I I LIRE NM:M OIIrAMO SHIRT i OF S (SHIRT 3 DISCRIRIS NIKE FATN R SALVATION DITCH RASRYRNTS) IIIVYM GY ASPEN SURVEY ENGINEERS. INC. JIO SWM WEN $'MY AWE", mow 31011 JHarm.. 1270, m-0,2 pAM IIN1D m 3133WN2L TRIGAR INVESTMENTS, L.P. 8[ ALI REZA RASTEAAGARN1041 ENVIRONMENTAL HAZARD `EVIIESIE'PLAN 460 to ].rdµ,]}pwojl].y�Hi r.n jyallol ml Xpny �rIINF R• ]CILF •. ]0. FtL]Y! JWINrAI Yi I]YR IAA] 1] IIS IM ,N]rtlPl N i1bFrL.1i ,]W�pYXRIY INNIwIt]] Ti YI9F Ia N AS NMNi. AIIFI I,Ny]f: ]HRt]A1 !.� � wbNlwlHwD ]N}A }I11Y(.i C/A- H11N.141 , ANE] .I I N.wR0rrw IWASSI ]MOL 10 M0. TD IM DI Hi IMNI 10 Me, ]i]> iN 01 w w ]H] NAVE RICIN MC S. rsoo C r 511.00 " oo AS, r d fn.H' KW' COLORADO HIGHWAY NO. 82 i] ]IVt 451 ]MASH, pw"owA �O TI I II1E0. N. N. rt..l rb wT �tIIH�N NwMr f{ MIM M =NX�KMT CXV 0 '�rithf ROARING e NVI'O'E 1I1.u' LOT 2 NE.1 14m N. N. ./ VALNI wi l RINNIIAN ENHANCNENT FOR[ LOT rAr1Ni wr RIOMIM fNNAMCEKNi STILLWATER RANCH SUBDIVISION/F'U'D. LEGEND AND NOTES p rOMS wxr INWM] N Nw1w m ur ILErY mt NINCI w Ost IO�.tS��yNO[t lw RAIN H t'Ft w WIIw110 RIVER .,PMI. i , rbX ENOOT plLMllt YIM[Nf LOT 4 VICINITY NAP D I SC/,(LA` I �/SR d, pl1, °FP A, Y. ,Eo°]1°8` i"N"o`N i`A�ao""n3i"OeE".ImD aawNN°IYCYP°rwfM TTDFCOUNTY THEN ,W1 W D( pFfD�KE pN/. ��Mp ME �L AypOfY 1MLYI �pp1IIIbI Iw " IV[OI NN TION ILMI.AEi MI" uall, NfDYKfTY NA NN ANY NRYER OWNER ul, hINM LRE/{�M/M]]I I,Y.� YNNN i Y AT OIIN[Y9 X'FMl BOARD OF COUNTY COIWIi6IONRRS APPROVAL THIS E{YI6(1�I CfN��VIf0N1ENT W2A1 IKYI�pE/EOWpDNyrtALE p= NA] <OOEENL T911NJELT"LO PE YCD Y �rYCN/ RECfIii OT"NIXO�]5>�0>NOWi]]ISMNV • AI ACCSPTARCR FOR RECORDING THIS IMI EN�r A[VIIEWW SITE DLM EW 1KT[,N AMPT,1,O F0E FILL IIN�G IN THE I F TNf LLfAk A.D.MIOlL �N�L"i DOI. CQIINTYATC'LA1d`—TAS 1ClRP716N NO. •,�-o• G R - �NYAI.13 WWEVTHxF. mw,ONAtI]AN N "TwoNtlE000111NYO0 WM1. Mt K M b b rAHMIEO By A61`6N SURVEY ENGINEERS. INC, 110 AwNI MJY ]TINH MWF. NLORDWO 11411 NNI[Mb IOHI tl]'1 1] !N ]NdMll I 11 WHEN RECORDED RETURN TO: Holland & Hart, LLP Attn: Mark E. Hamilton, Esq. 600 E. Main Street, Suite 104 Aspen, Colorado 81611 RECEPTION#: 579453, 04/27/2011 at 04:11:57 PM, 1 OF 14, R $76.00 Doc Code AGREEMENT Janice K. Vos Caudill, Pitkin County, CO DITCH RELOCATION AND EASEMENT AGREEMENT THIS DITCH RELOCATION AND EASEMENT AGREEMENT (this "Agreement") is entered into as of March ZU, 2011, between SALVATION DITCH COMPANY, a Colorado mutual ditch company ("Ditch Company"), and ALI REZA RASTEGAR, an individual ("Rastegar"), and TRIGAR INVESTMENTS, L.P., a Texas limited partnership ("Frigar" and together with Rastegar, "Owner"). RECITALS A. Rastegar is the owner of Lots 2 and 3, Block 4, Knollwood Subdivision, County of Pitkin, State of Colorado, according to the plat thereof recorded on January 7, 1963 in Plat Book 2A at Page 286, as Reception No. 114719, as amended by the Trigar Investments, L.P. & Ali Reza Rastegar Lot Line Adjustment and Minor Plat Amendment (collectively, the "Amended Plat") recorded on February 8, 2011 in Plat Book 96 at Page 14, as Reception No. 577497 (the "Rastegar Property"). Trigar is the owner of Lot 1, Block 4, Knollwood Subdivision, according to the Amended Plat (the `Trigar Property" and together with the Rastegar Property, the "Property"). B. Ditch Company is the owner and operator of an existing ditch system, including easements for the use, operation and maintenance thereof for the purpose of diverting, controlling, transporting, carrying, delivering and disposing of waters, a portion of which traverses the Property (the "Ditch"). C. As more particularly described in the plans and specifications attached hereto as Exhibit A prepared by Timberline Engineering, Inc. (the "Approved Plans"), Owner desires to relocate the portion of the Ditch that traverses the Property and to place such portion of the Ditch in an underground culvert that is 48 inches in diameter and a 12 -inch diameter culvert along the eastern boundary of the Property to return a portion of ditch water flow to the Roaring Fork River (collectively, the "Ditch Relocation Improvements"). In addition, Owner desires to grant Ditch Company easements for the Ditch and the Ditch Relocation Improvements for the purpose of formalizing the area and scope of Ditch Company's easements with respect to the Ditch Relocation Improvements and certain agreements regarding Owner's retained rights in accordance with the terms and conditions set forth below. JA000I ISO/ 3 l I 000041 2 AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and the mutual covenants and agreements of the parties hereto, it is agreed. that; 1. Grant of Easement. Owner hereby grants, sells and conveys to Ditch Company a permanent, non-exclusive easement for the Ditch and the Ditch Relocation Improvements for the purpose of carrying and delivering water on, over, through and across that portion of the Property described on Exhibit B attached hereto (the "Easement Area"), together with the right to use, operate, maintain, repair and replace the Ditch and the Ditch Relocation Improvements, subject to the other terms and conditions of this Agreement (the "Ditch Easement). Ditch Company's. use, operation and enjoyment of the Easement shall be conducted in accordance with applicable lacus and in a manner that does not interfere with Owner's use and enjoyment of the Property. i. Release of Prior Easement Rights. Upon completion of the Ditch Relocation Improvements pursuant to the following terms of this Agreement, the Ditch Easement shall supersede and, replace any easement for the Ditch in, its original location through the Property, and upon the request of Owner following, completion of the Ditch Relocation Improvements, Ditch Company shall deliver to Owner a written release and termination of any easement rights it has in the Property other'than as contained in this Agreement. 3. Use of the Easement Area by Owner. (a) Pre -Approved Owner Improvements. Notwithstanding the provisions of Section 30) below, Ditch Company acknowledges and agrees that Owner, in conjunction with constructing the DitcIi Relocation Improvements, intends to construct certain driveway, utility, drainage; retaining wall; fire protection, landscaping and related improvements' in and around the Easement Area all as more particularly shown on the' Approved. Plans (the "Pre -Approved Owner Improvements"). Ditch Company hereby consents to Owner's construction of the. Pre -Approved Owner Improvements as depicted. on the Approved Plans. Any material changes to the Pre -Approved Owner Improvements as depicted on the Approved Plans shall be subject to the prior review and approval of Ditch Company as provided in Paragraph 3(b). Following Owner's construction and installation of the Pre -Approved Owner Improvements (including any material changes thereto approved by Ditch Company),.. Owner shall have the right to use and operate the Pre -Approved Owner Improvements and undertake such work reasonably necessary or appropriate to maintain, repair and replace such Pre -Approved Owner Improvements: without the prior consent of Ditch Company provided that the safetyand integrity of the Ditch Relocation Improvements will not be impaired not the cost to Ditch Company to maintain, repair or replace the :same thecebyincreased. (b) General Limitations. Subject to Owner's rights with respect to the Pre - Approved Owner Improvements as provided in Section 3(a) above, Owner's use of the Properly shall not unreasonably hinder, conflict, or interfere with Grantee's rights in the Easement Area herein granted and Owner shall not bore, drill, tunnel or undertake any JA000I W, z31, 000042 2 digging or excavation on or under the Ditch Easement or impair the lateral or subjacent support of the Easement Area and shall not install, build, make or construct any building, structure, retaining wall, irrigation system, fence, lake, pond, dam, drainage ditches, excavation, engineering works, roads, streets, driveways, pipelines, sewer lines, water lines, natural gas or oil lines, electric lines, telephone lines, cable lines or other utilities (collectively "Owner Improvements") nor place any trees or other deep root vegetation (but excluding naturally growing grasses or shallow root shrubbery or plants) ("Landscaping") in, on, over or across the Easement Area, nor change the contour or grade of, or add or remove dirt from, the Easement Area, without first obtaining the prior written consent of Ditch Company, which consent will not be unreasonably withheld, provided that the safety and integrity of the Ditch Relocation Improvements will not be impaired nor the cost to Ditch Company to maintain, repair or replace the same thereby increased. Ditch Company shall have the right, but not the obligation, to notify and require Owner, at Owner's cost, to immediately remove any such unauthorized Owner Improvements or Landscaping from the Easement Area, and if Owner fails to remove such unauthorized Owner Improvements or Landscaping within thirty (30) days after receipt of Owner's notice, then Ditch Company shall have the right to remove them at Owner's cost. Ditch Company agrees to restore the Easement Area to original or better condition following installation, maintenance, repair or replacement of any Ditch Relocation Improvements on, under or within the Easement Area by Ditch Company, provided however that Owner shall be responsible for the cost of any repair or replacement of Owner Improvements or Landscaping that is reasonably necessary due to maintenance, repair or replacement of the Ditch Relocation Improvements. 4, Construction License. Ditch Company hereby grants Owner the privilege of relocating the Ditch through the Property and constructing the Ditch Relocation Improvements (the "Work"), subject to the following terms and conditions, all at Owner's sole cost and expense: (a) Approval of Final Plans and Specifications' Contract Terms. Prior to Owner's commencement of the Work, the final engineering plans and specifications and construction contract for the Work (the "Final Plans") shall have been submitted to Ditch Company and accepted by Ditch Company, which acceptance shall not be unreasonably conditioned, delayed or withheld provided the final engineering plans and specifications are consistent with the Approved Plans. The Work shall be performed in accordance with the Final Plans in a good and workmanlike manner. The construction contract between Owner and the contractor which performs the Work shall require liability insurance coverage with coverage amounts and with terms reasonably acceptable to Ditch Company and Ditch Company named as an additional insured. The contractor shall also be required to indemnify and hold harmless both Owner and Ditch Company, to the extent permitted under Colorado law, from and against any claims with regard to injury to persons or property caused by the performance of the Work by or under the contractor. Finally, upon completion and acceptance of the Work by the Owner and Ditch Company, the contractor shall provide at least a one-year warranty to both Owner and the District with regard to the Work so that Ditch Company may operate the Ditch for at least one full irrigation season. tA0001LSO /31 000043 3 (b) Supervision: All Work shall be performed under the supervision of a registered professional engineer and in accordance with the Final Plans, unless a modification thereof is consented to in writing by Ditch Company, which consent shall not be unreasonably delayed, conditioned or withheld. Owner will provide Ditch Company with "as built" drawings of the Ditch Relocation Improvements prepared by a professional engineer or licensed surveyor upon completion of the Work. (c) Commencement and Timing of Work: Owner shall not commence any Work without East notifying and obtaining Ditch Company's consent to the commencement and scheduling of the Work, which consent shall not be unreasonably delayed; conditioned or withheld. Owner Acknowledges,however, that the Work cannot be undertaken during the irrigation season during which the Ditch is in use. Following commencement of -the Work, Owner shall conduct and complete the Work with such speed and diligence and in such a fashion as to avoid any delay in'reopening the Ditch for the next irrigation season for the full, free flow of water through the Ditch. (d) Cash Escrow. Prior to Owner's commencement of the Work, Owner shall establish a cash escrow with a tine insurance company located in Aspen, Colorado that is reasonably acceptable to Ditch Company (the "Completion Escrow"). The Completion Escrow shall be .funded by Owner in an amount equal :to 110% of the projected costs to complete construction of the Ditch Relocation Improvements pursuant to the Final Plans as evidenced by either a guaranteed maximum price construction contract between Owner And Owner's general .contractor or other documentation reasonably acceptable to Ditch Company. The Completion Escrow shall be governed by a written escrow agreement (the "Escrow Agreement) that shall be in a form reasonably acceptable to Ditch Company. The Escrow Agreement shall permit partial progress payment releases. from the Completion Escrow for the payment of construction costs for the Ditch Relocation Improvements that have been actually incurred, subject to reasonable retainage until 'such time as the Ditch Relocation Improvements have been certified as complete in accordance with the, Final Plans by Timberline Engineering, Inc. or another qualified firm. (e) Inspection and Completion: Ditch Company shall have the right to inspect any Work to assure that such Work will not interrere with the full and free flow of water through the Ditch Relocation Improvements or otherwise impair operation or use of the Ditch. The Work shall not be deemed: completed until inspection and acceptance thereof by Ditch Company, which shall not be unreasonably withheld, conditioned or delayed. 5. Maintenance of Ditch Relocation Improvements Following completion of the Ditch Relocation Improvements by Owner, Ditch Company shall maintain the Ditch Relocation Improvements in a good and safe condition and shall repair any deterioration, break, leak and/or damage at Ditch Company's own expense, except to the extent such unsafe condition, leak, break or damage is caused by Owner or any successor in interest to Owner. Except as otherwise provided in this Agreement, Ditch Company shall continue to own and bear full responsibility for the use, operation and maintenance of any Ditch Structure. Nothing in this Paragraph 5 shall diminish Ditch Company's warranty rights pursuant to the construction warranty referred to above in Paragraph 4(a). taoanifsaa; t 4 000044 6. Indemnification. Owner agrees to indemnify and hold Ditch Company harmless from and against any penalties, losses, damages, claims, demands, injuries, expenses, costs or liabilities of any kind or nature (including, but not limited to, actual damages, court costs, attorneys' fees, and any mechanics' or materiahnens' liens and claims associated with the Work) incurred by Ditch Company as a result of the Work or Owner's use the Easement Area. Likewise, except as otherwise provided in this Agreement with regard to Ditch Company's liability for Owner Improvements and Landscaping, Ditch Company shall indemnify and hold Owner harmless from and against any penalties, losses, damages, claims, demands, injuries, expenses, costs or liabilities of any kind or nature (including, but not limited to, actual damages, court costs, attorneys' fees, mechanics' or materialmens' liens and claims associated with any operation, repair, or replacement of the Ditch Relocation Improvements after completion and acceptance of the Work, and any other cost and expense) incurred by Owner as a result of Ditch Company's use of the Easement or the Easement Area. 7. Ditch Modifications. Owner shall not enlarge, deepen, add to or otherwise change or relocate its Ditch system within the Easement Area, materially alter any Ditch Relocation Improvements or otherwise alter the scope of its use of the Easement without the prior written consent of Owner. 8. Covenants Run With Land. The covenants, terms and conditions hereof are intended to run with the Property (including, without limitation, the Easement Area) and shall be binding upon and inure to the benefit of the parties hereto and their respective agents, heirs, executors, administrators, personal representatives, successors and assigns. 9. Notices. Any notice required or permitted to be given by Owner n or itch Company under this Agreement shall be in writingand will be deemed Popersonal delivery, or on the third business day after mailing, by registered or certified United Stas Ditch postage prepaid, in any case to the appropriate party at its address as follows: (a) to Company, at the address of its Registered Agent on file with the Colorado Secretary of State; (b) to any party constituting Owner, to its address for real property taxes on file with the Pitkin County Assessor's Office. Either party may change such party's address for notices or copies of notices by giving notice to the other party in accordance with this paragraph. to. Remedies. If any party fails to perform its obligations under this Agreement or otherwise breaches this Agreement, then any non -defaulting party shall have all remedies available at law or in equity and, without limitation, may enforce this Agreement through an action for actual monetary damages, injunctive relief, or specific performance, provided, however, in no event will any party be liable for any special damages available only by statute or consequential, punitive or exemplary damages. Notwithstanding the foregoing, no breach of this Agreement will entitle any party to terminate this Agreement or any easement granted by this Agreement, but such limitation will not affect in any manner any other rights or remedies which such party may have by reason of any breach. 11. Attorneys' Fees. The prevailing party in any action arising from this Agreement shall be entitled to recover, in addition to any amounts or relief otherwise awarded, all reasonable costs incurred in connection therewith, including attorneys' fees and expenses. 5 1AM01 180 000045 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates given below. SALVATION DITCH COMPANY, a Colorado monpmffftmporatic iA.ta'f0A Ul. a "fkpnn J Name:T-i�a`7M13.� lA ��. Title. — s� f3Y � TRIGAR INVESTMENTS, L.P., a Texas limited partnership By. N ohnson Tit . Attorney-in-Fae (A0001190::/ 9'000046 1. Bart - STATE OF COLORADO ) ss. COUNTY OF PITKIN ) The foregoing instrument s aclu owl before �t i jf``day of Q�? G l 2011, by �s as t of SalvationDitch Company, a Colorado mutual ditch company. WITNESS my hand and official seal. LEA es: �.I'1. 20l y Notary Public�kJ& 0,51 State of Colorado Notary Public 'N Coy rfftslon Evkw Mach 14.2014 STATE OF COLORADO ) ss. COUNTY OF PITKIN ) e Ding instrument was acknowledged before me this 23rd day of March, 2011, by J. a 115(hnsK ttomey-in-Fact for Trigar Investments, L.P., a Texas limited partnership. S $'S y hand and official seal. �•., Pl18ltC '� '� scion expires: +,-/�a/ ✓L /� � a''/ MY CWMNW EVM MWch 10 2012�---- Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this 23rd day of March, 2011, by J. Bart Johnson as Attorney -in -Fact for Ali Reza Rastegar, an individual. WITNESS myhand and official seal. on expires: yy-� a �L V NOTMy I Notary Public `t�tc VVQM*WE*W"10 3oa (A000119013 ) 00004 (x000118.0/3) 000048 I 7� ice- .19 XVI AT :®r.m►" NL - R SSit� a..r MA,�s-� i tit 1� 3. F .. S SI'Miami • KIYOLLP.IOOD � � e � SUBDMSION o ��I c LOTS L2 AND 3; lLOIXi 1176D�EOUNfC. CTRARAW APPENDIX D co Large Scale 0 17 20 1 3 Construction Management Plan for: Address Yndcoogk Parcel ID Number 21'vl • M. -n i- ooaj , coy k co �5-' Permits Applied for: Check all that apply. Demolition Permit Building Permit Access Permit ,_Earthmoving Permit Floodplain Permit ROW Permit Property Owner's Name D Name Owner's Representative's Name: —Tf)m � c4 Name Contractor's Name: Name h k3) X60 - S (5- � Phone Number �JSoOG�.hc4- Phone Number Email T Phone Number Email Pitkin County MAY 18 2011 Community Develcpmeni 1.8.10 0 1 APPENDIX D a i j7Kill CO V1,I ex PUBLIC NOTIFICATION PLAN SCL ti DATES OF CONSTRUCTION HOURS OF CONSTRUCTION HOW WILL EXCAVATED SOIL BE USED? Oh \wA QA V�} V.k f 66.', ATTACHMENTS: The following items shall be included as attachments: Vicinity Map ➢ Project Sign Contact List Site Plan(s) Showing.- 1. howing.1. Disturbance Area 2. Revegetation Plan 3. Construction Fencing 4. Emergency Vehicle Access 5. Construction Parking 6. Staging Areas 7. Trailers, material storage, waste management, etc. ➢ Sequencing Schedule ➢ Traffic Control and Emergency Access Plan ➢ Revegetation Plan ➢ Fugitive Dust Control Plan L8.10 000051 EXHIBIT E Construction Management Plan 1.0 GENERAL The contractor has read the Construction Manaaement Plan Requirements Manual and understands or is cognizant of the Purpose (1.1), Applicability (1.2), Definitions and Terms (1.3), and References (1.4) cited within the Plan. 2.0 PROJECT LOCATION 2.1 LOCATION The work is located at Lots 1, 2 and 3, Block 4 of the Knollwood Subdivision. Please see EXHIBIT A (page 3 of this letter) for a vicinity map locating the property. 2.2 DISTURBANCE AREA The area to be disturbed under this project is 43,225 square feet, or 0.99 acres. 2.3 DESCRIPTION OF WORK The project entails placing the Salvation Ditch in a culvert as it passes through the properties; placing the required utilities (Aspen city water, ACSD sewer, Holy Cross Electric; Qwest Communications; and Comcast communications); constructing a new driveway over the buried ditch and utilities; place the necessary fill to prepare the building envelopes for construction; and reclaiming and vegetating the disturbed areas. • Sequencing of the work will be generally as follows: • Clear and Grub project area; • Excavate and place Salvation Ditch in a culvert; • Place underground utilities; • Place/compact new driveway platform; • Place and compact road base; • place the necessary fill to prepare the building envelopes for construction; • Revegetate sides of driveway and other areas outside of the driveway alignment. 3.0 PROJECT DOCUMENTATION 3.1 PERMITS Permits that have been obtained or will be obtained for the project include: Permit Type Status Earthmoving Permit Pending. Submitted on 8/11/08 Rotegar Earthmoving Permit Cover Letter 000052 Page as 3.2 PUBLIC NOTIFICATION We plan on mailing a letter to all adjacent landowners and landowners to notify them of our intended construction project. The letter will go out to these landowners upon approval of the Earthmoving permit. These landowners are: Tiel Douglass Sam P Trust 1/2 C/O Wade & Co 770 S Post Oak Ln #100 Houston, TX 77056 Stillwater Ranch Open Space Assoc 1280 Ute Ave Aspen, CO 81611 Gerson Peter Rev Trst 32,5% Gerson Peter Qprt 17.5% Int 2401 Arno Rd Shawnee Mission, KS 66208 Dabar Llc 134 Eastwood Dr Aspen, CO 81611 Mack Herbert A Residuary Trust 95% 122 Eastwood Dr Aspen, CO 81611-2205 Miller Andrew M 102 Eastwood Dr Aspen, CO 81611 Aspen East Partners LLC 4990 SW 52nd St #201 Davie, FL33314 The letter will be formatted as follows: Rostegar Earthmoving Permit Cover Letter 000053 Page 13 J f Newland Project Resources, Inc. P.O. 4815 Basalt, CO 81621 (970) 927-4645 (date) (Landowner and address) Dear (landowner name): This letter is to inform you of the initiation of a construction project in your neighborhood. Trigar Investments, LLC has hired ???? Construction to place the infrastructure (i.e. utilities and roadways at Lots 1, 2 and 3, Block 4 of the Knollwood Subdivision. The project will consist of: Sequencing of the work will be generally as follows: • Clear and Grub project area; • Excavate and place Salvation Ditch in a culvert; • Place underground utilities; • Place/compact new driveway platform; • Place and compact road base; • place the necessary fill to prepare the building envelopes for construction; • Revegetate sides of driveway and other areas outside of the driveway alignment. The project is anticipated to take 2 to 8 months to complete depending on the winter weather. No delays due to the obstruction or closure of Highway 82 are anticipated by this construction project. We will adhere to the hours of operation mandated by Pitkin County (Monday - Saturday, 7:00 am to 7:00 pm, no work on Sundays or federally designated holidays). We have submitted a Fugitive Dust Control Plan and Drainage and Stormwater Control Plan with the County and will adhere to the requirements of these plans throughout the construction process. A Construction Management Plan for the project has been approved by Pitkin County. If you are interested in receiving a copy of the plan, please email Tom Newland at tomnasooris.net. Thank you for your patience during this construction project. If you have any questions or concerns regarding the project, please contact Tom Newland, Project Manager, at (970) 927-4645. Sincerely, Rastegar Earthmoving Permit Cover Letter P09e 14 000054 3.3 PROJECT SIGN A Project Sign will be posted at the site upon approval of the Earthmoving Permit. The format of the sign is included as ATTACHMENT A. 3.4 CONTACT DESIGNATION A contact list for the project is included as ATTACHMENT B. 4.0 PROJECT IMPLEMENTATION 4.1 DATES OF CONSTRUCTION The construction project will take 2 to 8 months to complete from the time of permit issuance. Assuming up to a 1 -month permit approval process! Construction should begin as early as September 15, 2011. Completion is scheduled for December 1, 2011. However, the project schedule is weather dependent and may be postponed until Spring of 2012. If this occurs, project completion is anticipated by June 1, 2012. 4.2 HOURS OF CONSTRUCTION We agree to abide by the County's requirements, which prohibit work between the hours of 7:00 pm and 7:00 am, Monday through Saturday, and on Sundays and federally designated holidays. 4.3 SEQUENCING (PHASING) OF CONSTRUCTION A Gantt Chart illustrating the sequencing of construction activities throughout the construction period will be developed by the contractor and submitted prior to initiating the work. RastegarEarthmoving Permit Cover Letter 000055 Page 15 (Construction Sequencing Chart Will be Submitted by Contractor) Rnstegar Earthmoving Permit Cover Letter 000056 Page 16 4.4 ADJOINING PROPERTIES No excavation will occur close to the property lines. As such, no support or protection is anticipated for project excavation. 4.5 PROJECT FENCING The project area shall be staked prior to construction. Construction fencing, in the form of temporary plastic fencing and/or silt fencing shall be placed along the perimeter of the project disturbance area. 4.6 NATURAL ENVIRONMENT The project disturbance area as delineated consists of grassed area and open ditch. No trees or areas outside of the project disturbance area will be impacted by construction. The plans for the project (attached) describe the revegetation plan as proposed. 4.7 WILDLIFE HABITAT The contractor shall abide by the wildlife mitigation conditions required under the land use approval (Determination No. 43-2006). These include: • Fencing outside the building envelopes shall comply with the wildlife compatible fencing regulations of the Land Use Code; • Native vegetation shall be maintained outside the building envelopes except as necessary to implement wildfire and visual impact mitigation; • Weeds shall be controlled; • Waste storage shall comply with the County's Wildlife Protection Ordinance; • Landscaping shall avoid fruit producing trees; • Horse hay shall be fenced with game proof fencing; • Horse feed shall be kept in approved bear proof containers within the barn. 5.0 PARKING MANAGEMENT- 5.1 ANAGEMENT 5.1 EMERGENCY VEHICLE ACCESS We agree to maintain continuous emergency vehicle access on and around the site. ATTACHMENT D shows the emergency access route. 5.3 CONSTRUCTION PARKING DETAILS Realistic, sufficient parking for construction personnel will be provided on the site. ATTACHMENT D shows the location and number of parking spaces. 5.4 STAGING AREAS The project consists primarily of excavation and earthmoving work and as such, a staging area will not will be required. -- Rastegar Earthmoving Permit Cover Letter - Page a7 000057 5.5 CONSTRUCTION TRAILER, MATERIALS STORAGE, AND WASTE MANAGEMENT The project consists primarily of excavation and earthmoving work and as such, no construction trailer, material storage area and waste management practices will be required. Pipe for culverting the ditch shall be placed on Lots 1 and 0 (to the east of the project site. Road base and bedding material shall be trucked in as needed. 6.0 TRAFFIC CONTROL 6.1 GENERAL The contractor will be instructed as to the need for a Traffic Control Plan. A Traffic Control Supervisor for the project will be designated by the contractor, who is yet to be determined. Project personnel participating in traffic control procedures will wear clothing designating them as traffic control personnel and shall be able to successfully converse with the public. 6.2 HAUL ROUTES Being that the property is located in the Urban Growth Boundary of Aspen; the haul routes designated with the construction Management Plan Reauirements Manual are applicable. 6.3 ONSITE VEHICLE LIMITATIONS Construction vehicle activity on the site is estimated as follows: Type of Truck Estimate of Duration of Daily Tris Activity Autos and Pickup Trucks 1 - 3 4 - 12 weeks Delivery/Dump Trucks (aggregate, pipe, 1 4 - 12 weeks earthmoving equipment, etc. Access to the site by vehicles will comply with the load limitations set out in Section 1.53.05 of the Pitkin County Asset Management Plan (36,000 lbs. GVW for tandem axle; 26,000 lbs. GVW for single axle). Appropriate Overweight Vehicle Permits will be obtained, as required for the project. 6.4 DELIVERY REQUIREMENTS Sufficient access to the construction site currently exists. As such, no significant traffic control procedures are anticipated for delivery access. If traffic control is required for sporadic and limited delivery access, the designated traffic control supervisor will notify and coordinate with the Pitkin County Engineering Department. Delivery Plan o Deliveries will not exceed on average 5 per day, and for the most part will be limited to 1 -3 deliveries per day. o Staging locations are shown on ATTACHMENT D. o Hours of delivery will occur generally between 8:00 am and 3:00 pm. Rastegar Earthmoving Permit Cover Letter 000053 Page 18 No staging of delivery trucks are anticipated due to the relatively small and simple nature of the work. The designated delivery coordinator employee shall be determined by the selected contractor. Delivery vehicle shall not idle for less than five (5) minutes on the site. 6.5 TRAFFIC CONTROL PLAN A Traffic Control Plan is included as ATTACHMENT E. 7.0 PEDESTRIAN PROTECTION 7.1 GENERAL No closures or encroachments onto the public and "private roads or shoulders abutting the project are anticipated. Closure and temporary detour of the East of Aspen Trail will be required when the driveway is constructed. This will be kept to a minimum and will be carried out under direction of the City parks and Trails Department. Signage will be placed along the East of Aspen trail adjacent to Highway 82 in this area to remind construction traffic to be aware of pedestrian traffic on Little Woody Creek Road. These measures will help reduce or eliminate conflicts between pedestrians and project site vehicles, equipment and operations. The proposed development is not located near or adjacent to Pitkin County Open Space and Trails property or the RFTA regional trail. 8.0 SEDIMENT AND EROSION CONTROL 8.1 REQUIREMENTS A Drainage and Erosion Control Plan is attached as EXHIBIT C of this letter. This D&E plan will be maintained until surface coverage of at least 70% is obtained. A state stormwater permit is not required as the project disturbance area is less than 1 acre. 9.0 FUGITIVE DUST CONTROL PLAN 9.1 FUGITIVE DUST CONTROL PLAN Included as ATTACHMENT F is a Fugitive Dust Control Plan for the project. After checking with the State, it appears that this development is exempt from state permitting requirements. 10.0 EMISSIONS 10.1 GENERAL The contractor will commit to maintaining all vehicles and equipment on the site so that the engine will function within manufacturer's standards. 000 0O o tegarEarthmoving Permit Cover Letter Page 19 10.2 EMMISSIONS FROM DIESEL POWERED ENGINES The contractor will commit to limiting emissions from diesel engines to a shade or density no darker than 40% opacity, except for starting motion no longer than 10 seconds or for stationary operation not exceeding 10 seconds. 11.0 NOISE SUPRESSION 11.1 GENERAL The contractor commits to limiting the noise generated from all construction activity on the site to the appropriate levels as defined within the Pitkin County Code. As such, the dB(A) will not be exceeded by any stationary source of sound on the project (ninetieth -percentile sound pressure level (1-90) for greater than 10 minutes when measured at the property boundary). 12.0 ENFORCEMENT The contractor has read the Construction Manaaement Plan Requirements Manual and understands or is cognizant of the work and responsibilities of the City Construction Mitigation Officer (12.1), the potential actions required under County Code Enforcement (12.2), the steps for Correction Action if required (12.3), and the availability of Inspection Reports (12.3). Rmtegar Earthmoving Permit Cover Letter Pageao 000060 V ATTACHMENT A Vicinity Map See EXHIBIT A of this Letter (page 3) Rastegar Earthmoving Permit Cover Letter Page za. 000061 Attachment B Project Sign Lots 1, 2 & 3, Knollwood Subdivision Road & Utility Improvements EARTHMOVING PERMIT #xxxx. 2011.xxxx ???? Construction John Doe (970) 555-1234 Emergency Phone Number (24 -Hours) (970) 555-1234 Pas tegar Earthmoving Permit Cover Letter 000062 Page zz ATTACHMENT C Contact List Physical Address SPID #2737-184- No Physical Address 01-004 & 2737- Designated (MP 41.6 State 184-01-003 Highway 82 Owner Pitkin Zero, LLC 8403 Westglen Drive, #100 Houston, TX 77063 Contractor To be determined Architect Not applicable Civil Engineer Dave Powell Timberline Engineering (970) 963-9869 PO Box 631 Carbondale CO 81623 Landscape Ben Morgan Mozian and. Associates (970) 925-8963 Architect 208 Midland Ave. Basalt CO 81621 Project Tom Newland Newland Project Resources (970) 927-4645 Manager/Permit P.O. Box 4815 Expeditor Basalt CO 81621 Surveyor Dave McBride Aspen Survey Engineers (970) 925-3816 P.O. Box 2506 210 S. Galena St. Aspen, CO 81611 Land Use Glenn Horn Davis Horn Associates (970) 925-6587 Consultant 215 S. Monarch #104 Aspen, CO 81611 RastegarEarthmoving Permit Cover Letter - Pageaj 000063 ATTACHMENT D Site Plan with emergency access, building envelope fencing, storage, staging and parking Rastegar Earthmoving Permit Cover Letter 00006 Page zy ATTACHMENT E Traffic Control Plan No lane or road closures are anticipated as a part of this project. If there are large trucks requiring guidance to deliver to the site, they will be assisted by construction project personnel. Construction project personnel will also warn traffic on Highway 82 when/if these large trucks require site access. Traffic control will be required when the driveway approach is placed along Highway 82. Attached is a traffic control plan for this portion of the work. Pa tegor Earthmoving Permit Cover Letter 000065 Page 251 C a'. 0:9 .... 'F A-1 7RAMC COA7W OL & B ICADE n, -C 32597 HWY 6 8 24 SILT. Co. 970-876-0738 office 9M-976.0307 fax gplwi�alpa>`aCmntml mm Method of Handling Traffte General The key elements of Conaaotar's Method of Handy Traf6o ( MHT) are oddload In Subsacdon c30.08. 630.09 & 630.10 of he Stallard Speelfications for Roar: 3 cndga Construction Book (Colomoo Dept of Transportaifen) and The Manuel on Unlfbnn Traffro Control Desioes, (MUTCD) (US Dept of Transpbre6on, Federal Hignnoy Adminisna,on). The Components of the Traffic Control Plan TCP) for this project are lr.G',jdad In tha following: (1) Subsection 103.04 and Section 690 of ore SpecMcatiors. (2) Schedule of ConsWofion Traffic Control Devioea. (3) Standard Plan 5-630.1. Traffic Controls for H.ffiluay Conscucscn Ran 3E30.2, (<) Manual on Undo. -.n traffic Control Devices. Special Traffic Control Plan requirements for this project are as fogo A: The Co. ib mam work shall oe .-ssbicted to dayllght hours 'ortabb Construckt, Signs 6Mali ye rallcved or tumW at the enc of each days work. Wit` the exeapllon of Road Work Ahead or Ublity Nark Aheao. Sanicadea such as Type I or Type 11 shall deilreale any hazafd areas within the work W la, Pegging: Section 630.12 Trafiw Control Supervisor. Section 630-10 000066 i G)0 m vn �¢3r, 000061 e o I i1R e; � y�1 1 3 f i l 000061 e I i1R 1 �jeb i I _74 ATTACHMENT F Fugitive Dust Control Plan RastegarEarthmovmg Permit Cover Letter n00063 Page z6 PITKIN COUNTY FUGITIVE DUST CONTROL PLAN Property Owner(s): Ali Rastegar Property Address: Lots 2 & 3, Block 4, Knollwood Subdivision Zip Code: 81611 Aspen, CO Parcel ID: 2737-184-01-004 & 2737-184-01-003 Contact Person: Tom Newland Phone Number: 927-4645 Email Address: tomn@sopris.net Fax Number: 927-0196 Describe the development activity: Culvert ditch; place utilities, place road. Total area of land in project: 0.99 Acres Date earthmoving will commence: 9115/11 Stop: 6/1/09 Total area subject to earthmoving: 0.85 Acres Total disturbed area at any one time: o.85 Acres Area to be paved (roads, parking Acres lots): 0 Date paving will be completed: - Estimated time to complete entire project (includes buildings) 8 weeks List any known or suspected contaminates in the soil: Check the dust control measures which you propose to implement: I. Control of Unpaved Roads on Site Watering ❑ Frequent (Watering frequency of 2 or more times per day) 0 As needed ❑ Application of Chemical Stabilizer p Vehicle Speed Control Speeds limited to 5 MPH maximum. Speed limit signs must be posted. (Generally 30 mph is maximum approvable speed on site.) El Gravelling It. Control of Disturbed Surface Areas on Site E Watering ❑ Frequent (Watering frequency of 2 or more times per day) El As needed ❑ Application of Chemical Stabilizer El Covering Large Mounds of Soil Exposed for >24 Hrs El Vehicle Speed Control Speeds limited to 5 MPH maximum. Speed limit signs must be posted. O Revegetation O Seeding with mulch ❑ Seeding without mulch p Furrows at right angle to prevailing wind Depth of Inches must be greater 6" furrows 7" ( g ) s -19-o6 1 ❑ Compaction Of Disturbed Soil On A Daily Basis To Within 90 % Of Maximum Compaction (As determined by a Proctor Test). ❑ Foundation areas only ❑ All disturbed soil. ❑ Wind Breaks Type: (E.g., snow fence, silt fence) O Synthetic Or Natural Cover For Steep Slopes. Type: netting, blankets (E.g., netting, mulching) Prevention Of Mud And Dirt Carried Out Onto Paved Surfaces. 0 Prevention ❑ Gravel Entry Ways 0 Washing Vehicle Wheels ❑ Other: O Cleanup of Paved Areas Frequency: El Street Sweeper ❑ Hose With Water ❑ Other: List Any Other Control Methods: Times Per Day Signature of Person Responsible for Implementing Plan: Date Tom Newland lame (please print) Project Manager Submit this form to: Pitkin County Environmental Health & Natural Resources 0405 Castle Creek Rd., Suite 10 Aspen, CO 81611 Phone: 970.920.5070 Fax: 970.920.5077 www.aspenpitkin.com/ehnr FOR COUNTY USE ONLY: Approved Denied By: Date: 120 9-19-06 000010 2 00007 ORANGE = AREA OF DISTURBANCE & CONSTRUCTION FENCING RED = EMERGENCY ACCESS BLUE = CONSTRUCTION STORAGE GREEN = STAGING AND PARKING COLO LOT 2 CONSTRUCTION MANAGEMENT PLAN SITE PLAN HIGHWAY 82 «oo s ROARIN FORK DRIVF.� corrRwRr DRAWN BY DP DA7E oa�Is/Ii RevslDNs zx AS SHOWN DRAWING CONCEPTUAL SITE PLAN sir C.101 I EXHIBIT B Land Use Approvals Rastegar Earthmoving Permit Cover Letter 000073 0017201 Pitkin Countv MAY 18 2011 Community Develcprnent Page q L N EXHIBIT A Vicinity Map Pitkin County MAY 18 2011 Rastegar Earthmoving Permit Cover Letter Community Deveicpn} ,3 00001%4 * SJ[ v4 fiptr' _ 4N i Ipwa � Shatti —�+ »� N Bushwacker > Shaft cPaA Regent O, ;.. ,. Aspen'+44 - Rye,' shat •.��. OM :907x'1. r, � -F _ ; $ �_: I • �A P M1;ve^ r3" ! C JOhnSD. funnel • C lu rrl :rn 8gier t :SUBJECT ,,SUBJECT PROPERTY' Sa+ 'Moore Gleion r� e ke PA* f Y. ass Pitkin County MAY 18 2011 Rastegar Earthmoving Permit Cover Letter Community Deveicpn} ,3 00001%4 _ 4N N b O, � y � m ytr _ C t :SUBJECT ,,SUBJECT PROPERTY' Y. ass � 3 � C . O J t0 Y� �_ 7 f Pitkin County MAY 18 2011 Rastegar Earthmoving Permit Cover Letter Community Deveicpn} ,3 00001%4 EXHIBIT C-1 e Stormwater Management and Erosion Control 1;1jin d — SITE DESCRIPTION This Erosion Control and Stormwater Management Plan have been prepared for Lots 2 and 3, Block 4 of the Knollwood Subdivision in Pitkin County, Colorado. The total area of the project site is about 43,225 square feet, or 0.99 acres. The project entails placing the Salvation Ditch in a culvert as it passes through the properties; placing the required utilities (Aspen city water, ACSD sewer, Holy Cross Electric; Qwest Communications; and Comcast communications); constructing a new driveway over the buried ditch and utilities; place the necessary fill to prepare the building envelopes for construction; and reclaiming and revegetating the disturbed areas. Sequencing of the work will be generally as follows: • Clear and Grub project area; • Excavate and place Salvation Ditch in a culvert; • Place underground utilities; • Place/compact new driveway platform; • Place and compact road base; • place the necessary fill to prepare the building envelopes for construction; • Revegetate sides of driveway and other areas outside of the driveway alignment. Estimate of Runoff Coefficient: Using standard coefficients of runoff for the type of soil or ground cover, the project site prior to development should have a runoff coefficient as follows: ent of Soil Texture Prior to ConsELLE Area in Project Site % of Project Site O en Irri ati 4,000 sf 35% Grass Area 7,500 sf 65% Estimate of Using the same standard coefficients of runoff for the types of soil or ground cover, the project site after construction activities should have a runoff coefficient as follows: After Construction Soil Texture Coefficient of Runoff Area in % of Project Project Site Site Gravel - Compact 0.70 4,000 sf 35% Grass Area 0.35 39 225 sf 65% Estimate of Runoff Coefficient 0.4725 Potential pollution sources on the project include the following: Pitkin! County Rastegar Earthmoving Permit Cover Letter nnnn—Ir MAY 18 2011 Page 5 rren;. 1. Movement of sub -surface, native soil and road base particles into existing off- site drainages. These potential pollution sources will be contained as follows: Will be contained by placing silt fencing around the downhill perimeter of the project site that is undergoing disturbance. Erosion control bales will be placed periodically down the drainage ways to intercept the downhill flow line. BEST MANAGEMENT PRACTICES (BMPS) FOR STORMWATER POLLUTION PREVENTION Attached to and incorporated into this plan is a map showing the construction site boundaries; all areas of soil disturbance; areas of cut and fill; areas used for storage of building materials, soils or waste; and the location of major erosion control facilities and structures. No springs, streams, wetlands and other surface waters are located within or near the project area. Implementation of Controls and Measures: The controls and measures will be implemented prior to beginning of construction. Erosion and Sediment Controls The following structural practices will be implemented on the site: Silt Fencing: The fencing and/or logs shall be placed around the perimeter of the disturbed areas at the project site. Attachment 1 shows the specifications and standards for placement of the silt fencing and illustrates the required specifications for construction of the fencing. Erosion Control Bales: Erosion Control Bales shall be placed periodically down the drainage ways. Attachment 2 illustrates the required specifications for construction of the fencing. Existing vegetation will be preserved where possible for natural buffer strips. Also, permanent seeding shall occur on the exposed disturbed areas as quickly as possible to initiate permanent stabilization. Final Stabilization and Long -Term Stormwater Management Below is a description of the measures to be used to achieve final stabilization and measures to control pollutants in stormwater discharges that occur after construction operations have been completed: Erosion Control Plan: Areas disturbed by construction will be left in a roughened condition at all times. Permanent stabilization of these areas will be achieved by applying seed and mulching with two tons of straw or hay per acre. Seeding and mulching of final graded areas will take place within 14 days of final grading. See Attachment 3 for design and installation guidelines. Rastegar Earthmoving Permit Cover Letter 000016 Page 6 INSPECTION AND MAINTENANCE Inspection and maintenance of the controls described in this plan are key elements of efficient stormwater management. Inspection of the elements shall be conducted every 14 -days and after significant storm events. Inspections shall look for the following: Silt Fences and Erosion Control barriers: Fences and barriers shall be inspected for sediment overflow and damage. Fences and barriers shall be maintained to prevent sediment overflow and repaired when damaged by wind or other factors. Fences and barriers shall be removed when they have served their useful purpose, and the area around the fences and barriers shall be stabilized after removal. • Erosion Control Plan: Inspect seeded areas frequently. If seeded areas fail to establish or are disturbed, the area should be reseeded. Inspect mulching frequently and reapply where loosened or removed. Rastegar Earthmoving Permit Cover Letter 000011 Page? Attachment 1 Silt Fencing Ras tegar Earthmoving Permit Cover Letter 000073 Page 8 SECTION 5.6: SEDIMENT CONTROL SC 3: Silt Fence Description A temporary vertical barrier of filter fabric attached to and supported by posts and entrenched into the ground. Applications • Used to intercept sediment from disturbed areas during construction operations. Used to filter sheet flow. Typically used along the toe of fills, in transition areas between cut and fills, and adjacent to streams. Also used around drop inlets as applicable (see BMT SC 4). Used as a temporary feature. s 4; 00009 �� 'LS SECTION 5.6: SEDIMENT CONTROL SC 3: SILT FENC Limitations • Maximum drainage area is one-quarter acre per 100 feet of silt fence length; the maximum slope length behind the barrier is 100 feet; and the maximum gradient behind the barrier is 50 percent (21). • Under no circumstances should silt fences be constructed in live streams, swales, or ditches. • On steep slopes, care should be given to placing the fence perpendicular to the general direction of the flow. • Silt fences should not be used in areas where rocky soils will prevent keying in the filter fabric. Materials Installation 000081 • The filter fabric shall conform to the requirements described in Section 420 of CDOT's Standard Specifications for Road and Bridge Construction. Minimum height of the filter fabric shall be 36 inches. • The use of joints should be minimized to improve the strength and efficiency of the barrier. • Posts for silt fences shall be metal or hard wood with a minimum length of 42 inches. Wooden posts shall have a minimum diameter or cross section of 1-1/4inches. Metal posts shall be "studded tee" or "U" type with a minimum weight of 1.331bs/ft, and they shall be protected against corrosion. Metal posts shall have projections for fastening wire. When used, wire fence reinforcement for the filter fabric should be a minimum of 36 inches in height and a minimum of 14 gauge, with a maximum mesh spacing of 6 inches. • Drive posts vertically into the ground to a minimum depth of 18 inches, and excavate a trench approximately 6 inches wide and 6 inches deep along the line of posts and upslope from the barrier (see Figure SC 3.2). Not less than the bottom 1 foot of the filter fabric shall be buried into this trench. The trench shall be backfilled and the soil compacted. • When joints are necessary, filter cloth shall be spliced together only at a support post and securely sealed (see Figure SC 3.3 ). • The filter materials shall be fastened securely to metal or wooden posts using wire ties, or to the wood posts with 3/4 -inch long #9 heavy- duty staples. The filter fabric shall not be stapled to existing trees. • Posts shall be spaced a maximum of 10 feet apart. For channel flow applications, the posts shall be spaced a maximum of 3 feet apart 549 SECTION 5.6: SEDIMENT CONTROL SC 3: SILT FENCE To' XT FMN. YN STAPLED To eAeRPu su rTN¢ TA9WC aIXXORED N TRENCH TRENCH RRWY TAT gPOSi POST (2' % 2' NDI WQ SLT FEE FABRIC MCHOiEO N TRENCH NO FOLY ATTACHM 10 POST F2 ' TRENCH M w__.. MR. YN. LT• N SILT FENCE FIGURE SC 31 Silt Fence Installation (CDOT78) N When used, the wire mesh support fence shall be fastened securely to the upslope side of the posts using heavy-duty wire staples at least 3/4 inches long, tie wires, or hog rings. The wire shall extend into the trench a minimum of 2 inches and shall not extend more than 36 inches above the original ground surface. N Along the toe of fills, install the silt fence along a level contour and provide an area behind the fence for runoff to pond and sediment to settle. A minimum distance of 5 feet from the toe of the fill is recommended. N The height of the silt fence from the ground surface shall be minimum of 24 inches and shall not exceed 36 inches; higher fences may impound volumes of water sufficient to cause failure of the structure. 550 SECTION 56: SEDIMENT CONTROL SC 3. SILT FENCE FIGURE SC 3.3 Silt Fence Joints(CDOT'B) Maintenance and Inspection • Silt fences shall be periodically maintained to prevent sediment from passing over or under the fence. Sediment shall be removed from behind the silt fence when it accumulates to one-half the exposed fabric height Sediments removed must be properly disposed. • Silt fence damaged by wind or other factors should be promptly repaired. • Silt fences shall be removed when they have served their useful purpose. The area with the silt fences shall be stabilized after removal of the fence. sst 000083 'Top View of SIR Fence Posts Layour \ SteleSilt Post for It to the pool Sift Fence 13 for Sift Fence A. Si)FenoqBA ' Sit Fence A ' •, —Si Y c _. -.. -Staple Sift Fence A to the post for Sill Fence B. ' "Refer to Topwew of Silt Fence Posts Detail." Pat for Silt Feftoe PastforSift FenceA `I I Silt Fence A i Sit Fano S ; L, (1=== FIGURE SC 3.3 Silt Fence Joints(CDOT'B) Maintenance and Inspection • Silt fences shall be periodically maintained to prevent sediment from passing over or under the fence. Sediment shall be removed from behind the silt fence when it accumulates to one-half the exposed fabric height Sediments removed must be properly disposed. • Silt fence damaged by wind or other factors should be promptly repaired. • Silt fences shall be removed when they have served their useful purpose. The area with the silt fences shall be stabilized after removal of the fence. sst 000083 Attachment 2 Erosion Control Barriers Rastegar Earthmoving Permit Cover Letter Page 9 SECTION 5.6: SEDIMENT CONTROL SC 1: Erosion Bale Description A temporary sediment barrier consisting of a row of entrenched and anchored straw, or hay bales. Applications • Used as temporary sediment barriers and filters along the toe of fills or around inlets. Limitations • Do not use along toe of fills where the size of the drainage area is greater than one-quarter acre per 100 feet of barrier length; maximum slope length and gradient behind the barrier is 100 feet and 50 percent (2:1), respectively. • Do not use where effectiveness is required for more than 3 months. Useful life of erosion bale is approximately 1 year; the bales may have to be replaced one or more times during construction. • Under no circumstances should erosion bale be constructed in flowing streams or in swales where flows are likely to exceed 1 cfs, and where the contributing drainage area is greater than 1 acre. • Not to be used where the control of sediment is critical; in high-risk areas; in areas where they cannot be entrenched as required and firmly anchored; and areas where ponded water could flow onto the roadway. Installation • The erosion bale must be entrenched and backfilled. A trench should be excavated the width of a bale and the length of the proposed barrier to a minimum depth of 4 inches. After the bales are staked, the excavated soil must be backfilled against the barrier. Backfill soil should conform to the ground level on the downhill side and should be built up to 4 inches against the uphill side of the barrier. Each bale must be securely anchored by at least two wooden stakes driven toward the previously laid bale to force the bales together. Stakes should be driven into the ground a minimum of 1 foot to securely anchor 5-01 000085 SECTION 5.6 SEDIMENT CONTROL SC 1: EROSION BALE the bales. Stakes should have a minimum diameter or cross section of 2 inches. Reinforcing bars shall not be used in place of the wooden stake. �j EXCAVATE THE TIBJCH. 4. BALE WIDTH SGML (2' K 2' NOMWQ OPLACE AND STAKE S3 OSION BALES. '109E LOOSE STBA'R BETWEEN BACKFILL NATERLAL BALES (COMPACT SOIL TO PREVENT PIPING)Mi I -� I—II Irl L� rMNE/WIRE O B^LE5 MUST BE nGHRY ABL TING WITH NO CAPS ME SPI¢D AND ENTRENCHED f EROSION BICE 0 ( TWINWWRE RUNOFF F1LIERED RUKIOF 12" MIN, 4 ' MIN. ERDSIDN BALE TRENCHING AND STAKING CnZ FIGURE SC 1.1 Erosion Bale Installation (CDOT18) • All bales must be either wire -bound or string -tied, and they should be installed so that bindings are oriented around the sides rather than along 5<2 �o008V SECTION 5.6: SEDIMENT CONTROL Maintenance and Inspection 000081 the tops and bottoms of the bales (in order to prevent deterioration of bindings). The gaps between bales should be filled by wedging with straw to prevent water from escaping between the bales. The main consideration is to obtain tight joints. Erosion bales will not filter sediment or pond water if the water is allowed to flow between, around, or under the bales. Loose straw or hay scattered over the area immediately uphill from an erosion bale barrier tends to increase barrier efficiency. • Along toe of fills, install the erosion bales along a level contour and leave enough area behind the barrier for runoff to pond and sediment to settle. A minimum distance of 5 feet from toe of the fill is recommended. • Erosion bales deteriorate quickly and, therefore, inspections during construction should be frequent Repair or replacement should be made promptly as needed. • Erosion bales must be removed when they have served their usefulness. • Trenches where erosion bales were located should be graded and stabilized. • Sediment accumulation against the erosion bale barrier shall be removed when it reaches half the exposed bale height Sediments removed must be properly disposed. • Replace erosion bales as necessary but at a minimum of once each year. 543 SECTION 5.6: SEDIMENT .. 93. • 0 R SC 2: Erosion Lo Description Erosion logs filled with rock or other filter material used for erosion and sediment control. Applications Limitations Material Installation 000083 • Used upstream of curb inlets to filter sediment laden runoff. Logs of various length can be accommodated with multiple logs installed in series. Typical placement of a log is upstream of an inlet, in the gutter flow line, and also at the entrance of an inlet • Used as check dams in ditches and swales for erosion control until vegetative cover is established. • Used as a temporary feature. • Logs are manufactured BMPs. Refer to the manufacturer for guidelines on limitations. • Do not use in ditches and swales with continuous flow. • Several types of logs exist A "gravel" log is typically a cylindrical shaped filter with 1/4 inch mesh or burlap filter cover filled with 3/a inch gravel. Refer to the manufacturer for specific material specifications. General installation guidelines are provided, however, refer to the manufacturer for specific installation requirements. 5* SECTION SS: SEDIMENT CONTROL SC 2. EROSION LOGS Installation for Check Dam Applications • When using as a check dam, it should be placed in straight sections to minimize the potential for erosion in the channel bend. Installation for Curb Inlet Protection (Upstream of inlet) • Logs will be used upgradient of inlet perpendicular to and flush with the curb. • The maximum height of the curb log should be less than the top of the curb opening. This is to allow overflows to occur during large rainfall events even though sediment -laden runoff will enter the storm drainage system. • No less than two 10 -inch diameter logs must be used in sequence, spaced no more than five feet apart, upgradient of inlet No less than six logs shall be used if the 4 -inch log is chosen • Incline at 30 degrees from perpendicular, opposite the direction of flow. Installation for Curb Inlet Protection (Entrance of inlet) • Identify curb opening dimensions to determine how many logs are required. • Place the log(s) end-to-end along the curb inlet opening. • Angle the ends of the log(s) towards the curb inlet opening. TYPICAL STAKING PATTERN �. Yp PLAN VIEW mss, y FLOW FLmY' MET "i =In IESIVBIl1P 56[5 IY Y[PYtlL PNM ..i AT TF rEn am IF [O[ElE M!Y FIGURE SC 2.1 Applications for Erosion Logs (CDOT+Y) mos VTC 545 SECTION 5.6: SEDIMENT CONTROL SC Z EROSION LOGS Maintenance and Inspection • Inspect logs daily for cuts, abrasions, and proper installation, replace or reposition daily. Remove sediment and dispose in a proper manner. • Discontinue use if logs create a traffic hazard. sas 000090 Attachment 3 Erosion Control Plan Rastegar Earthmoving Permit Cover Letter 000091 Page ao 5.5 Erosion Control CHAPTER 5 CONSTRUCTION BEST MANAGEMENT PRACTICES Erosion Control BMPs ❑ Seeding ❑ Mulching ❑ Mulch tackifier ❑ Soil Binder ❑ Erosion Control Blankets ❑ Turf Reinforcement Mats ❑ Embankment Protector ❑ Berm/Diversion ❑ Check Dams ❑ Outlet Protection ❑ Temporary Drainage Swale ❑ Grading Techniques Erosion and sedimentation processes during and after construction or maintenance activities (including highway construction and maintenance) can result in adverse impacts to the environment. These adverse impacts can be minimized through proper application of BMPs. The first line of defense is to prevent erosion, which is accomplished by protecting the soil surface from raindrop impact and overland flow of runoff. Soil stabilization is a common and effective practice used to minimize erosion. Common practices include establishing new vegetation, maintaining and protecting existing vegetative cover over soils, and techniques to minimize erosion over disturbed soils where establishing a cover is not practical or possible. Soil stabilization practices reduce the potential for erosion by: • Absorbing the kinetic energy of raindrops • Intercepting water so it can infiltrate into the ground • Slowing the velocity of runoff • Binding the sediments in the root layer Soil stabilization practices are key practices, since the most cost-effective measure for erosion and sediment control is the prevention of erosion. This section discusses the most common erosion control BMPs. sv 000092 SECTION 5.5 ERASION CONTROL EC is SEEDING EC 1: Seeding Description Applications Limitations Design Guidelines 000093 Grass and forb species planted for temporary or permanent cover on disturbed surfaces. • Used for temporary cover when a disturbed area (i.e., detour slopes) will be left in place for more than 3 months. • Used as permanent cover on disturbed soils. • Used to improve wildlife habitat and aesthetics. • Seeding should not be applied when the ground is frozen or during the summer when moisture is not available to the seed. • Appropriate native seed mix must be selected by determining soil type, precipitation, elevation, and aspect of site. If possible, identify native plant material that currently exists on site. CDOT landscape architect should be consulted for seed mix or for seed mix approvals. • Provide a mix with a minimum of 6 native cool and warm season, bunch and sod forming grasses. Provide 80 to 100 pure live seed per square foot when evenly applied by a drill seeder. M. SECTION 5.5: EROSION CONTROL EC 1: SEEDING Installation • Jobs with landscaping and federal financial participation shall include wildflowers in the mix. • Non-native species (i.e., oats, millet, winter wheat) may be used for a temporary nurse crop. Non-native species may be used for irrigated lawn • Provide for multiple mobilizations for seeding. • Weights, seed species, and percentage of purity and germination must be checked prior to seeding. TABLE EC 1.1 Seeding Season Zone • Spring Seeding Fall Seeding Below 6000' Spring thaw to June 181 September 151 until consistent round freeze 6000' to 7000' Spring thaw to June 15" August 15' until consistent ground freeze 7000' to 8000' Spring thaw to July 1° August 151 until consistent ground freeze Above 8000' Spring thaw to consistent ground Spring thaw to consistent ground freeze freeZe • Seeding in areas that are not irrigated should be restricted to the seasons described in Table EC 1.1. If seeding cannot be accomplished due to seasonal constraints, apply mulch and mulch tackifier to the slopes for temporary erosion control. Maintain temporary mulch until permanent seeding is allowed. • Prior to permanent seeding prepare soil and, if required, incorporate topsoil, amendments and fertilizer. • Drill seed disturbed' areas flatter than 2:1. • Broadcast seed and rake into the soil on slopes 2:1 or steeper, double to triple drill seeding rates. • Hydroseed only where 20 inches per year or more of precipitation occur and when slopes are 2:1 or steeper. Double to triple the hydroseeding rates. • Permanent and temporary seeding shall occur throughout construction. Maintenance and Inspection • Inspect seeded areas frequently. If the seeded areas fail to establish, provide adequate ground coverage or is disturbed, the area should be re- seeded. 5.9 000094 SECTION 5.5: EROSION CONTROL EC2: MULCHING EC 2: Mulchin Description Application of plant residues to the soil surface. Typically mulching material includes certified weed free hay or straw, certified under the Colorado Department of Agriculture Weed Free Forage Certification Program and inspected as regulated by the Weed Free Forage Act, Title 35, Article 27.5, CRS and wood cellulose fiber. Applications • Used in combination with mulch tackifier for temporary erosion control (i.e., incomplete slopes, detour slopes, stockpiles). • Used in combination with mulch tackifier for temporary erosion control on slopes when seeding is not allowed due to seasonal constraints. • Used to cover permanent or temporary seed areas. 510 000095 SECTION 55: EROSION CONTROL EC 2 MULCHING Limitations • Hay may have limited availability in the spring. When approved, straw may be substituted at 2 tons per acre. • Hydromulch with wood cellulose fibers shall be limited to operations where precipitation'is over 20 inches. • Over spraying of hydromulch may result in erosion. • Hydromulch shall not be done in the presence of free surface water. Installation Maintenance and Inspection • Mulch shall be applied at a rate of 1 T/2 to 2 tons per acre. • At a minimum, 50% of the mulch, by weight, should be 10 inches or more in length. • Depth of the applied mulch should not be less than 1 inch and mot more than 2 inches. • Applied mulch should be uniformly distributed so that no more than 10% of the soil surface is exposed. • Applied mulch should be anchored to the soil surface by using tacldfier and mechanically crimping immediately after mulching or at least within 4 hours. • Apply hydromulch immediately after seeding. Hydromulch mixture shall be applied at 2000 pounds per acre wood cellulose fiber mulch; 100 pounds per acre tackifier. Inspect frequently and reapply mulching in areas where the mulching has been loosened or removed. Mulch tackifier must be applied with additional applications of mulching. 5-11 000096 SECTION 5.5: EROSION CONTROL - EC 3: MULCH TACYdFIER EC 3: Mulch Tackifier Description An organic soluble powder adhesive used in the form of a water slurry to adhere native hay, straw, hydromulch, or seed to a surface and together. Derivative of plant material phyllium or Guar. Applications Limitations • Used in combination with a native forage material for mulching applications. • Used in combination with seed to adhere seed to soil. • Used to adhere wood cellulose material (hydro mulch) to surface. • Used to cover disturbances as temporary cover for wind erosion. • Temporary measure to hold mulch material until native seeding is established. • Product is water-soluble and must be reapplied 6-12 months after initial application if plants have not stabilized soils. • Do not apply during precipitation event or over snow. • Do not apply where in areas of concentrated flow. Design Guidelines Design mixture as shown or as recommended by the manufacturer: • 150-200 lbs of organic mulch tackifier per acre. • 1,000 gallons of water per acre. • 350 lbs of wood cellulose material per acre. Installation • Apply within 4 hours of mulch application. • Always apply in a liquid state. • Can be applied in combination with organic fertilizers and humates. Maintenance • Mulch movement indicates poor application and product mixture. and Inspection • Proper application will bond mulch material together and to soil. • Inspect by touching mulch surface to determine if adhesion has occurred. 512 000097 Appendix F Pitkin County Revegetation Report Jobsite Address No Address Assigned. MP 41.4, SH82 Parcel # 2737-184-01-004.2737-184-01-003&2737-184-01-002 Property Owner & Mailing Address: Ali Rastegar, 8403 Westglen Dr., Ste. 100, Houston, TX 77063 Phone Number: Applicant Name & Mailing Address: Tom Newland, P.O. Box 4815, Basalt, CO 81621 Phone Number 927-4645 Seeding Method Broadcast Seeding, raked into soil Seed Rate (lbs PLS/acre) 18 lbs/acre Approx Area Covered 39,000 sq. ft. Pitkin County pre -approved Seed Mix (circle one): (see Pitkin County Land Management Website at http:Uwww aspenpitkin comlpdfs/deots/64/PCseedmix odf for seed mix contents and breakdowns) Pitkin County Irrigated Seed Mix Pitkin County Non -Irrigated Seed Mix Pitkin County Beneficial Browse Mix Dryland Pasture/Old Hay Fields Mix Other Seed Mix (subject to approval by Pitkin County Land Management): Common Name Scientific Name % of Mix Please see attached Landscape Plan. �— — — — — — — — — — — — — — — — — — — — — — — — — — — i NOTE! All seed MUST be Certified, blue -tagged seed, and must be free of Colorado listed noxious weed species. This certifies that seed meets high purity and germination standards and has a low weed content. Pitkin County Land Management may request from the applicant the Blue Tags which are removed from seed bags before mixing. ' Applicants should ask the seed vendor to provide these tags with the seed purchase. — '— — — — — — — — — — — — — — — — — — — — — — — — — — — Mulch Type Hay Mulch Mulch Rate (lbs/acre) 2 tons/acre Tackifier/Tacking Method Yes - organic tackifer to hold h!o ground Estimated Date Started 9115/11 Estim51WDayWishLd 11124/11 Applicant Signature Comments: Questions? For more information on revegetation methods, seed mixes, and local contacts, please see the Pitkin County Revegetation Guide, located at: htw://www.aspenviAkin.com/pdfs/depts/64/reve-ozuide.i)df You may also contact Crystal Yates -White at Pitkin County Land Management: (970)-920-5214 crystalyw©co.pitkin.00.us 00009;3 6 i >F jL44111M 1i E, I k� ` off E� asp i