HomeMy WebLinkAboutpitkin.planning.290929300007 (2015)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P&Z
Ordinance for the BOCC and/or P&Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat(s)
DECISIONS
RECEPTION#: 629774, 06/03/2016 at
02:27:09 PM,
1 OF 7, R $0.00 Doc Code ADMIN
DECISION
Janice K. Vos Caudill, Pitkin County, CO
ADMINISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF
PITIQN COUNTY, COLORADO, APPROVING THE PEARL PASS LLC ACTIVITY
ENVELOPE REVIEW (ELMIRA LODE)
Administrative Decision No.�Ll -2016
RECITALS
1. Pearl Pass LLC ("Applicant') has applied to the Pitkin County Community Development Director
("Director") to establish Activity Envelopes for a single family residence and caretaker dwelling unit.
The envelopes are the same as those approved in 2005.
2. The property is located in the Castle Creek Valley off of Express Creek Road, and is more
specifically described as the Elmira Lode Mining Claim, U.S. Mineral Survey No. 7664A, located in
the Columbia Mining District and embracing a portion of Township 11 South, Range 84 West of the
6'h P.M., as patented and described in US Patent recorded January 11, 1952 in Book 175 at Page 574.
3. The property is zoned AR -10 and contains 10.216 acres.
4. The BOCC denied a request for 1041 hazard review, conceptual submission and special review
approval for a single family residence and a caretaker dwelling unit, pursuant to Resolution No. 098-
2000. The BOCC then found a taking and granted approval, pursuant to Resolution No. 149-2000. The
1041 site plan was recorded in Plat Book 54 at Page 84. The vested rights expired on June 28, 2003.
5. The Hearing Officer then granted 1041 hazard review and conceptual submission approval for a
building envelope, and special review approval for a caretaker dwelling unit, pursuant to Determination
No. 14-2005. The 1041 site plan was recorded in Plat Book 77 at Page 3. The vested rights expired
May 17, 2008.
6. The prior owner obtained a private road easement from the U.S. Forest Service in 2001 for a driveway
across USFS lands. The easement has been transferred to the current owner. The County issued an
access permit and the driveway was constructed in 2009.
7. The Director finds that the parcel was created prior to June 12, 1978, and, therefore, is exempt from
growth management up to 5,750 square feet.
8. The Director further finds that the proposed Activity Envelopes comply with the Land Use Code
("Code") as follows:
A. The wildfire hazard is rated as low and can be mitigated.
B. The entire Activity Envelope is comprised of slopes in excess of 30%, and includes a small area
with slopes in excess of 45%. Sec. 7-20-20(c) of the Code allows development on slopes in
excess of 30% if there is no alternative building site with slopes of less than 30%; there is no
alternative site on the parcel. The Code does not provide an applicable exception for
development on slopes in excess of 45%; therefore, that area shall be removed from the envelope.
C. Art Mears, P.E. and Chris Wilbur, P.E. assessed the avalanche, rockfall and debris flow hazards
on the site. Their updated mapping shows two avalanche paths that affect the property. The
Administrative Decision No. YL -2016
Page 2
Activity Envelopes avoid the high hazard/red avalanche zones, and are within the moderate
hazard/blue avalanche zone. Sec. 7-20-50(ax2) of the Code permits development in a blue zone
if the entire property is affected and the hazard is mitigated. The existing driveway is outside of
the red and blue zones. Mears and Wilbur also show a small debris flow across the south end of
the envelope and a minor rockfall area just to the north of the envelope. They assert that
mitigation for avalanche will also mitigate debris flow and any minor rockfall hazards. Sec. 7-
20-50(d) of the Code provides that development may proceed within an alluvial fan, if there is
not an adequate hazard -free area on a site, subject to mitigation. There is not an adequate area on
the property that is not affected by constraints. The Colorado Geological Survey has reviewed
and agrees with the conclusions of the Mears/Wilbur assessment and has no objection to the
approval of the activity envelope.
9. The Community Development Director further finds that the proposed caretaker dwelling unit
complies with the applicable standards established in the Land Use Code, but that it is appropriate
given the location to restrict occupancy of the caretaker dwelling unit to commercial employees in
the upper Castle Creek area.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Community Development
Director that he does hereby approve the Pearl Pass LCC Activity Envelope Review, subject to the
following conditions, which shall run with the land and be binding on all successors in interest.
The Applicant shall adhere to all material representations made in the application or in public
meetings or hearings and shall consider those representations to be conditions of approval, unless
amended by other conditions.
2. The conditions of this Administrative Decision shall replace the conditions of BOCC Resolution
No. 149-2000 and Hearing Officer Determination No. 14-2005.
Prior to submission of any building permit applications, the Applicant shall be required to submit
for approval an application for Site Plan Review, pursuant to Secs. 2-30-20 and 7-10-50 of the
Code. The Site Plan Review application shall include the following, in addition to all other
requirements:
A. Site and structure -specific avalanche mitigation designed by a certified professional
engineer licensed in the State of Colorado, which shall also ensure mitigation of any
potential debris flow or rockfall hazards. The mitigation shall be reviewed by the
Colorado Geological Survey.
B. An engineer or geologist licensed in the State of Colorado shall demonstrate that the site
can be engineered so that there is no hazard posed by the location of development on
slopes in excess of 30%. The Site Plan shall demonstrate compliance with the engineer
or geologist's recommended mitigation measures, and shall show the area of disturbed
slope, any re -grading required and the exact size and location of all mitigation devices.
The mitigation measures must be determined by the Community Development
Department to be the least visually and ecologically obtrusive alternatives. To the extent
possible, the development shall be designed so as to: avoid adding water to the site that
would cause decreased stability; avoid removing the toe of the slope without adequate
mechanical support; avoid increasing the weight load on top of the slope; re -contour
disturbed slopes so that they can be re -vegetated; avoid steepening of existing slopes.
2
Administrative Decision No. -2016
Page 3
C. Demonstrate compliance with the commitment to limit building in the eastern 20' of the
building envelope to a maximum height of 18' to the top of ridge.
D. Demonstrate compliance with the standards in Sec. 7-20-120(d) for development within
the Scenic View Protection Area and the aural character guidelines for building location
in Sec. 7-20-120(e) of the Code. The exterior of the residence shall utilize earth tone
materials or colors that are indigenous to the site and the roofs shall have a non -reflective
color or composition. Reflective roof materials shall not be used unless the materials are
treated prior to installation to eliminate reflectivity, with the exception of materials
associated with solar or photovoltaic equipment.
E. Demonstrate that the site can accommodate an on-site wastewater treatment system
(OWTS) that complies with the then current OWTS regulations.
4. Prior to submission of the Site Plan Review application, the Applicant shall be required to submit
for approval by the County Attorney and Community Development Director an Activity
Envelope Plan in accordance with Land Use Code Section 2-30-20(g) and Application Manual
Section 2.1.1. The above referenced approvals shall be a condition precedent to finalization and
recordation. The Activity Envelope Plan shall be amended as follows:
A. Eliminate the area of slopes in excess of 45% from the envelope.
B. Include the red and blue avalanche hazard boundaries based on the new Mears/Wilbur
mapping.
C. Include notes to clarify the restrictions on the Activity Envelopes. No buildings are
allowed in the Development Envelope. Buildings in the eastern 20' of the building
envelope shall be limited to a maximum height of 18' to the top of ridge.
D. Eliminate "Site Plan" from the title.
E. Change the signature block from Board of County Commissioners to Community
Development Director.
5. Concurrent with submission of a building permit application for the residence, the Applicant shall:
A. Provide proof of an adequate water supply (in terms of quantity and availability) for
domestic and fire protection purposes, and for irrigation purposes, if applicable.
B. Submit a drainage and erosion control plan for review and approval by the Planning
Engineer. All historic and natural drainage patterns shall be maintained. Stormwater shall
be detained onsite and allow infiltration of runoff prior to discharge.
C. Submit a construction management plan for review and approval by the Planning
Engineer.
D. Complete a fireplace/woodstove permit from the Community Development Department.
E. Submit a detailed revegetation plan for disturbed areas with appropriate seed mixes.
F. Submit a tree mitigation plan if any trees with larger than 6" DBH are to be removed.
G. Submit a lighting plan.
6. Prior to issuance of a building permit application, the Applicant shall:
A. Pay the applicable road and employee housing impact fees.
B. Obtain an on-site wastewater disposal system permit from the Environmental Health.
C. Obtain a driveway/access permit to extend the driveway to the residence. Prior to issuance
of the permit, the owner and the County Engineer shall inspect and document the condition
of Express Creek Road from Castle Creek Road to the Elmira driveway. The owner shall
Administrative Decision NoV -2016
Page 4
be responsible for reasonable costs to repair this portion of the road if it is damaged during
construction of the residence, as determined by the County Engineer, prior to issuance of a
Certificate of Occupancy for the residence.
D. Execute a waiver/release of Pitkin County through the County Attorney's Office in the
form attached hereto as Exhibit A that public safety services such as ambulance, fire and
sheriff cannot reach the proposed residence due to the site's remote location and the
limitation of Express Creek Road to over -the -snow access during winter months.
Prior to issuance of a Certificate of Occupancy for the new residence, the Applicant shall complete
the avalanche mitigation and submit a report to the Community Development Department that
outlines the adequacy of all hazard mitigation measures. The report shall be stamped and signed by
a licensed engineer in the State of Colorado.
8. The Applicant shall comply with all of the codes and requirements of the Aspen Fire Protection
District, including but not limited to access, turning around of fire apparatus, installation of
approved fire sprinkler systems in all structures, and a minimum 20,000 gallon water supply for
fine -fighting (or alternative approved by AFPD).
9. The Applicant shall comply with the following wildfire mitigation standards:
A. Brush, debris, and non -ornamental vegetation shall be removed within a minimum 15 foot
perimeter around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a
minimum of a 30 foot perimeter around the structure.
C. Spacing between clumps of brush and vegetation within the 30 foot perimeters shall be a
minimum of two times the height of the fuel. Maximum diameter of the clumps shall not
exceed 10 feet. All measurements shall be from the edges of the crowns of the fuel.
D. All branches from trees and brush within the 30 foot perimeter shall be pruned to a height
of 10 feet above the ground and ladder fuels from around trees and brush shall be removed.
E. Tree crown separation within the 30 foot perimeters shall have a minimum of 10 feet
between the edges of the crowns.
F. All branches which extend over the roof eaves shall be trimmed and all branches within 15
feet of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter of the structure shall be reduced.
H. All deadfall within the 100 foot perimeter shall be removed.
I. Low vegetation shall be maintained within a 10 foot perimeter around all structures.
J. The applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
10. The Applicant shall comply with the following additional wildfire mitigation standards:
A. Roofs shall be constructed with a Class A roof covering or a Class A assembly as defined
in the International Building Code (IBC) Section 1505.2. Wood shake/shingle roof
coverings are prohibited. Roofs with less than a 3:12 pitch are not permitted unless they
comply with the following:
All roof coverings shall be noncombustible materials and installed on a Class A
roof assembly.
4
Administrative Decision No.LIL-2016
Page 5
2. All roof coverings shall have a surface that shall facilitate the natural process of
clearing the roof.
3. All roof designs shall facilitate the natural process of clearing roof debris.
Protrusions above the roofline, such as parapets, shall be prohibited.
4. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a
minimum slope of 1:48.
5. All roof designs, coverings, or equivalent assemblies shall be specifically approved
by the Fire Marshal prior to submittal of a building permit application.
B. Roofs and gutters shall be kept clear of debris.
C. Yards shall be kept clear of all litter, slash, and flammable debris.
D. All flammable materials shall be stored on a parallel contour a minimum of 15 feet away
from any structure.
E. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away
from the structure.
F. Ponds shall be accessible to Fire Department vehicles.
G. Fences shall be kept clear of brush and debris.
H. Wood fences shall not connect to the structure.
1. Fuel tanks shall be installed underground with an approved container.
J. Propane tanks shall be installed according to NFPA 48 standards and on a contour away
from the structure with standard defensible space vegetation mitigation around any above-
ground tank. Any wood enclosure around the tank shall be constructed with materials
approved for 2 hour fire -resistive construction on the exterior side of the walls.
K. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher
placed in a visible and accessible location.
L. Addresses shall be clearly marked with 2 inch non-combustible letters and shall be visible
and installed on a non-combustible post.
M. New utilities shall be buried within the Activity Envelopes or within the driveway
easement.
11. The Applicant shall comply with the following measures to mitigate impacts to wildlife:
A. No more than two dogs shall be allowed on the property and the dogs shall be kenneled
within 50' of the residential buildings or leashed under human supervision when outside
the required kennel.
B. Fencing shall comply with the fencing regulations in the Land Use Code regarding wildlife
friendly fencing requirements. Fencing is prohibited outside of the Activity Envelopes.
C. Native vegetation shall be maintained outside of the Activity Envelopes as long as it
complies with the wildfire mitigation stated above.
D. The Applicant shall comply with the Pitkin County Wildlife Protection Codes for Waste
Storage. Compliance with the condition shall be verified by Pitkin County Community
Development prior to issuance of a Certificate of Occupancy.
E. Fruit -bearing trees and shrubs shall be avoided in any landscaping.
F. No riparian vegetation shall be damaged or removed.
G. All outside doors shall utilize only solid round handled door knobs unless another type is
required by the applicable building code for disabled accessibility purposes.
H. Bird feeders, including hummingbird feeders, shall be hung away from any deck or
window, and shall be at least 10' from the ground suspended between 2 trees or posts. All
seed feeders shall include a seed catchment pan to catch discarded seeds.
Administrative Decision No. �-2016
Page 6 r
12. Floor area shall be limited to a maximum of 5,750 square feet, calculated based on the definition in
effect at the time of building permit application. TDRs or growth management allotments shall not
be used to increase the floor area.
13. Only one structure shall be constructed on the site and its total footprint shall not exceed 2,500
square feet (including overhangs and any structures such as decks or porches that exceed 30 inches
above natural grade).
14. The Applicant shall be allowed to construct an attached caretaker dwelling unit of up to 1,000 net
livable square feet, only if the Applicant deed restricts the unit for occupancy by commercial
employees in the upper Castle Creek area, including but not limited to employees of the Ashcroft
Ski Touring Area, Pine Creek Cookhouse or the Catto Center at Toklat. In addition, the caretaker
dwelling unit shall comply with the following:
A. Prior to issuance of a building permit for the caretaker dwelling unit, the Applicant shall
obtain and the Housing Office shall record a caretaker dwelling unit deed restriction.
Actual floor plans of the unit shall be submitted to the Housing Office with the deed
restriction.
B. The kitchen shall contain a minimum of a two burner stove with at least a 5 cubic foot oven
that can bake and broil, sink of at least 14"W X 16"D X 5.25"H, and at least a 5.3 cubic
foot refrigerator and 0.73 cubic foot freezer. Two off-street parking spaces shall be
provided for the unit. The caretaker dwelling unit must have separately accessible utilities.
This does not preclude shared utilities.
C. Prior to issuance of a Certificate of Occupancy for the caretaker dwelling unit, the Housing
Office may inspect the unit.
D. The floor area of the caretaker dwelling unit shall be included in the total allowed floor
area for the parcel.
15. No development, including well, on-site wastewater treatment system, grading, excavation, fill
placement, berming, landscaping, entry or ranch gates, and vegetation removal or disturbance
shall occur outside of the approved Activity Envelopes, except wildfire mitigation.
16. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the activity envelope and install construction fencing around the perimeter of the
envelope. A silt fence shall be installed along the west property line during construction to
protect vegetation adjacent to Castle Creek. The fencing shall remain in place until issuance of
Certificate of Occupancy. No vegetation shall be damaged or removed outside the activity
envelope.
17. Areas disturbed by construction shall be revegetated no later than one growing season after
completion of work.
18. Express Creek Road shall remain unplowed during winter months, unless the Applicant requests
and the BOCC approves an amendment to the service and maintenance level of said road through a
written proposal in accordance with the Road Management and Maintenance Plan.
19. No calculations for height, bulk, setback, size, floor area, or any other building and zoning
requirements have been conducted. These requirements will be considered at the time of building
0
Administrative Decision No.'l ( -2016
Page 7
permit. Any structures represented in the application may not be permitted under building and
zoning regulations.
20. No development in excess of 30" above or below natural grade shall occur within the setbacks of
the lot, with the exception of driveways and associated retaining walls of up to 6' above or below
natural grade and fencing. Landscaping in the form of berms shall not exceed four feet from the
most restrictive grade. Any development located within setbacks mandated by County zoning
regulations that does not comply with these restrictions shall require a variance from the Board
of Adjustment. Approval of an activity envelope within such setbacks does not assure approval
of a variance.
21. Failure to comply with the conditions of this approval may result in revocation of this approval,
or any subsequent permit(s) or approval(s) related to this property, or vested rights associated
with this property
22. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin
County Land Use Code and Colorado Statutes, subject to the exceptions set forth in the Pitkin
County Land Use Code § 4-140 andC.R.S., § 24-68-105. The statutory vested rights granted
herein shall expire o s� 2019.
NOTICE OF PUBLIC BEARING PUBLISHED IN THE ASPEN TIMES WEEKLY on the 14th day
of January, 2016.
APPROVED BY THE DIRECTOR this qg1day of M, 2016.
PUBLISHED AFTER APOPTIQN FOR VESTED REAL PROPERTY RIGH'T'S in the Asnen
Times Weeklv on the allay of °,ALO, 2016.
AbA khaik 'Cu
Cindy Houben,
Community Development Director
Case #P086-15
PID# 290929300007
7
APPLICATION
MATERIAL
PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY
PLANNER: Suzanne Wolff
PHONE: (970) 920-5093
LOCATION: 250 Express Creek Road
APPLICANT: Tom Barron
REPRESENTATIVE: Dave Myler
Type of Application: Activity Envelope Review
DATE: 9/9/14
E-MAIL: suzanne.wolffCo.pitkincountv.com
PID# 290929300007
ZONE: AR -10
EMAIL: dmyler@myledawpc.com
Description of Project/Development: The Applicant proposes to obtain approval of an activity envelope to re-
establish the previously approved activity envelope for a driveway and a single family residence.
Background: The BOCC originally denied a request for 1041 hazard review, conceptual submission and special
review, pursuant to Resolution No. 098-2000. The BOCC then found a taking and remediated the taking,
pursuant to Resolution No. 149-2000. The 1041 site plan was recorded in Plat Book 54 at Page 84. The vested
rights expired in 2003. The Hearing Officer granted 1041 hazard review, conceptual submission and special
review approval, pursuant to Determination No. 14-2005. The 1041 site plan was recorded in Plat Book 77 at
Page 3. The vested rights expired in 2008. The prior owner obtained an easement from the U.S. Forest Service
for a driveway across USFS lands. The County issued an access permit and the driveway was constructed in
1998 (?).
Land Use Code Sections to be addressed in letter of request (application):
• 2-30-20(g)(2): Activity Envelope Criteria for Approval
• 6-30-100(a): GMQS Exemption for parcel created before June 12, 1978
• 7-10-50 & 60: Activity Envelope
• 7-20-10: Site Preparation and Grading
• 7-20-20: Steep and Potentially Unstable Slopes
• 7-20-30: Water Courses and Drainage
• 7-20-40: Floodplain
• 7-20-50: Geologic Hazards —Avalanche, Alluvial Fan, Rockfall
• 7-20-60: Wildfire Hazard — Mapped Low Wildfire Hazard Areas
• 7-20-70: Wildlife Habitat: No mapped habitat areas
• 7-20-80: River and Stream Corridors and Wetlands
Review by: Community Development Director
Public Hearing: NO. However, notice is required via posting, mailing and publication. The Applicant shall
post a public notice sign on the property at least 15 days prior to the date specified for the Administrative
Decision pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice (by
certified mail) to all owners within 300' of the property and mineral estate owners with the return address of the
Community Development Department (form of notice to be obtained from the Community Development
Department). The names and addresses shall be those on the current tax records of Pitkin County, as they
appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public
notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the
Community Development Department.
Staff will refer the application to the following agencies: Castle/Maroon Creek Caucus, Colorado Geological
Survey, USFS, Aspen Historical Society
000001 CX 3c)
FEES: $1,926 (make check payable to "Pitkin County Treasurer')
• $ Planning Office flat fee (non-refundable; based on 6 hours of staff time. If staff review time
+5� exceeds 7.2 hours, the Applicant will be charged for additional time above 6 hours at a rate of $a+2/hour)
• $54 Public Notice Fee 3zs,
To apply, submit 1 Copy of the following information, unless noted otherwise:
1. Summary letter explaining the request, providing background on prior approvals and permits, and
addressing compliance with the Code sections listed above.
2. 24" by 36" and 11" by 17" Activity Envelope Plan as designated in Section 2. 1.1 of the Pitkin County Land
Use Application Manual
3. Technical Reports as designated in Section 2. 1.1 of the Application Manual (as applicable)
4. Street address and parcel description, including legal description, and 8-1/2"x 11" vicinity map locating the
subject property within Pitkin County;
5. Total fee for review of the application
6. Executed Pitkin County Community Development Agreement for Payment of Land Use Application Fees
form (form attached);
7. Consent from owner(s) to process application and authorizing the representative (if applicable)
8. This Pre -Application Conference Summary Sheet
NOTES:
➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. THE
PARCEL IDs SHOULD BE INCLUDED ON ALL DOCUMENTS INCLUDED IN YOUR APPLICATION.
➢ ALL MAPS SHALL BE FOLDED. One copy of submittal materials shall have all documents in format no
larger than 8112" by 11 ".
➢ This pre -application conference summary is advisory in nature and not binding on the County. The
information provided in this summary is based on current zoning standards and staff's interpretations
based upon representations of the applicant. Additional information may be required upon a complete
review of the application.
➢ The Land Use Code is available on-line at County Code
➢ The Land Use Application manual is available on-line at
httu://www.aspenpitkin.com/Portals/0/docs/county/Com%20Dev/Planning/land use application manual.pdf
➢ Applicant will be responsible for mailed and posted notice. Public Notice requirements are described in Section
2-20-100 of the Pitkin County Land Use Code. A signed, notarized copy of the affidavit confirming notice must
be received from Applicant prior to approval.
000002
THE MYLER LAW FIRM, P.C. TELEPHONE
(970) 927-0456
DAVID J. MYLER' A Colorado Professional Corporation FACSsIMILERAILE
FA
(970)927-0374
ADMITTED M CO
211 MIDLAND AVENUE
Su1TE 201 EMM a
dmyler@mylerlawpe.com
CHER VINCENT. Pualegal BASALT, COLORADO 81621 cvinemt@mylerlawpc.com
November 11, 2015
Suzanne Wolff, Senior Planner
Pitkin County Community Development
130 South Galena
Aspen, CO 81611
Re: Elmira Lode
Application for Administrative Approval of Activity Envelopes
Dear Suzanne:
On behalf of Pearl Pass, LLC, I am submitting this request to "refresh" the 1041 Hazard
Review, Conceptual Submission and Special Review Approval previously granted for the Elmira
Lode near Ashcroft, and to thereby establish a new Statutory Vested Rights Period. The Applicant
desires to merely re-establish the previously approved activity envelopes for a single-family
residence, including a caretaker dwelling unit and a driveway approved by Determination No. 14-
2005. The Applicant is not proposing any revisions to the previous approvals or the activity
envelopes established thereby. In support of this Application, I have enclosed the following:
I . Pre -Application Conference Summary;
2. Copy of the 2005 Approval (Determination No. 14-2005);
3. Activity Envelope Plan;
4. Updated and Current Geologic Hazard Assessment;
5. USFS Approval for Assignment of Access Easement;
6. USFS Plan of Operation describing Improvements to the Access Road;
7. The street address is 250 Express Creek Road in Ashcroft, Colorado;
8. A check in the amount $1,926.00;
9. A signed Development Agreement; and
10. A Consent Letter.
000003
THE MYLER LAW FIRM, P.C.
Elmira Lode Application
November 11, 2015
Page 2
As we discussed, the only review standard that needs to be addressed in this Application is
related to the potential for geologic hazards, potentially avalanche, rock fall and debris flow. Art
Mears inspected the site in May of this year and, based upon his observations and updated mapping
of avalanche hazards, recommended hazard mitigation which is somewhat different than that which
was required in the 2005 Approval. The mitigation recommendation is acceptable to the Applicant,
and should be included as a condition of approval.
If you need any additional information or have any questions, please do not hesitate to contact
me. Please note that the only property owner within 300' of the site for the purpose of mailed notice
is the United States Forest Service.
Very truly yours,
THE MYLER W FIRM, P
By:
David J. Myler
DJM/cv
cc: Tom Barron
Enclosures
00000
29
IIIIII VIII IIIIII I III IIII INI I VIII III VIII IIII III) TY CO R0 059 X8of 5
00D 0.503:311
SILVIA DAVIS PITKIN COUDETERMINATION OF THE HEARING OFFICER OF PITKIN COUNTY, COLORADO,
GRANTING APPROVAL OF THE ELMIRA LODE 1041 HAZARD REVIEW, CONCEPTUAL
SUBMISSION AND SPECIAL REVIEW FOR A CARETAKER DWELLING UNIT
Determination No. 11-2005
RECITALS
1. Matt Holstein ("Applicant') has applied to the Pitkin County Hearing Officer for 1041 Hazard Review
and Conceptual Submission to re-establish a building envelope for the construction of a single-family
residence and a caretaker dwelling unit The Applicant proposes to increase the size of the envelope to
accommodate the required separation between the septic and water systems and parking on the downhill side
of the residence.
2. The property is located in the Castle Creek Valley off of Express Creek Road, and is more specifically
described as the Elmira Lode Mining Claim, USMS No. 7664A, located in the Columbia Mining District and
embracing a portion of Township 11 South, Range 84 West of the 6i6 P.M., as patented and described in US
Patent recorded January 11, 1952 in Book 175 at Page 574.
3. The property is zoned AFR-10 and contains approximately 10.216 acres.
4. The BOCC originally denied a request for 1041 hazard review, conceptual submission and special review
approval for a single family residence and a caretaker dwelling unit, pursuant to Resolution No. 098-2000;
the BOCC then found a taking and granted approval, pursuant to Resolution No. 149-2000. The 1041 site
plan was recorded in Plat Book 54 at Page 84. The vested rights expired on June 28, 2003.
5. The Hearing Officer reviewed this application at a duly noticed public hearing on May 17, 2005, and at
which time evidence and testimony were presented with respect to this application.
6. The parcel was created prior to June 12, 1978, and, therefore, is exempt from growth management up to
5,750 square feet of floor area.
7. The Hearing Officer finds that the building envelope is located within the "blue" avalanche hazard area,
where development is permitted, subject to mitigation; that the envelope is not within any, critical wildlife
habitat areas; that the wildfire hazard is low; and that development is pemmitted within the building and
development envelopes on slopes in excess of 30% but less than 45%, since there is no alternative building
site with slopes of less than 30%.
8. The Hearing Officer further finds that the proposed caretaker dwelling unit complies with the applicable
standards established in die Land Use Code, but that it is appropriate given the location to restrict occupancy
of the CDU to commercial employees in the Upper Castle Creek area.
NOW THEREFORE BE IT RESOLVED by the Pitkin County Hearing Officer that he does
hereby grant approval to the Elmira Lode 1041 Hazard Review, Conceptual Submission, and Special Review
for a caretaker dwelling unit, subject to the following conditions, which shall nm with the land and be binding
on all successors in interest:
1. The Applicant shall adhere to all material representations made in the application and public
meetings.
2. This approval and tie conditions herein shall repeal and replace BOCC Resolution No. 149-2000 and its
conditions of approval.
00000
P2inalion No. -2005 080ag %IIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIII1IIIIIIIII0601/205 03:311
SILVIA DAVIS PITKIN COUNTY CO R 0.00 11 0.00
3. Prior to submittal of any building permit applications, the Applicant shall record a revised 24 x 36
inch mylar 1041 Hazard Review Site Plan in accordance to Section 5-70-040 of the Land Use Code.
The mylar copy of the site plan must be signed by the owner prior to submittal for recording. The site
plan shall be amended as follows:
A. Designate the area to the north of the building envelope as a "development envelope" to
accommodate the well and septic system.
B. Specify that structures within the upper 20' (on the east side) of the building envelope shall be
limited to a maximum height of 18'.
C. Depict the approved USFS access easement.
4. Prior to submission of a septic pemmit, the Applicant shall provide documentation to the
Environmental Health Department as to a legal water supply that provides an adequate quantity of
domestic water to serve the approved residence and caretaker unit. The well shall be located within
the approved building or development envelopes.
5. Prior to submission of a building pemiit, the Applicant shall execute a waiver/release of Pitkin
County through the County Attorney's Office in the form attached hereto as Exhibit A that public
safety services such as ambulance, fire and sheriff cannot reach the proposed residence due to the
site's remote location and the current closed status of Express Creek Road during winter months.
6. Prior to submission of an access permit application, the owner and the County Engineer shall inspect
and document the condition of Castle Creek Road from the Elk Mountain Lodge driveway to the
Elmira driveway. The owner shall be responsible for reasonable costs to repair this portion of the
road if it is damaged during construction of the residence, as determined by the County Engineer,
prior to issuance of a Certificate of Occupancy for the residence.
7. With the building permit application, the Applicant shall submit the following reports:
A. A precise engineer or geologist approved mitigation plan for development on slopes in excess of
30% for review and approval by the Community Development Department and the County Engineer.
The plan shall show the area of disturbed slope, any re -grading required and the exact size and
location of all mitigation devices, if necessary. The report shall also address mitigation for the
drainages that cut through the envelope in order to divert storm runoff or debris flow away from the
house.
B. An avalanche mitigation plan from a certified professional engineer that demonstrates that
adequate mitigation can be provided to withstand the potential avalanche impact forces and
potential debris flow and rockfall hazards. Avalanche mitigation shall be incorporated into the
design of the residence or detached in the form of a splitting wedge above the residence.
8. Prior to the issuance of any building permits, the Applicant shall:
A. Obtain approval of a septic permit from the Environmental Health Department. The sewage
disposal system must be designed by a registered professional engineer and shall be located
within the approved building or development envelopes.
B. Obtain fireplace/woodstove permits from the Community Development Department, if necessary.
C. Submit a drainage and erosion control plan for review and approval by the County Engineer. The
plan shall address the management of runoff during construction and after construction is complete.
D. Pay the applicable road impact fee.
000000
Page 3 oration No. 2005 I IIIIII VIII IIIIII VIII IIIIII IIII IIIIII III VIII 1111111106g/01/2005
as : 3 c0 03:311
SILVIR OAVIS PITKIN COUNTY CO R 0.00 0 0.00
E. Obtain a driveway/access permit front the County Engineer.
F. If the primary residence exceeds 5,000 square feet, submit a Trak and Parking Management
Plan in accordance with Section 4.01.01(C) of the 2003 Pitkin County Assets Management Plan,
for review and approval by the County Engineer. The Plan shall indicate that vehicles associated
with construction (i.e. employee traffic, construction vehicles, staging and deliveries) shall not
violate County Law, such as parking on County rights-of-way.
9. Wildfire mitigation shall be as follows:
A. Defensible Space:
1) The area around all structures shall incorporate landscaping with wildfire defeasible space
considerations as follows (NOTE: Actual vegetation manipulation to meet these conditions
may not be necessary where the natural vegetation patterns have already fulfilled these
conditions):
a) Brush, debris, and non -ornamental vegetation shall be removed within a minimum 15 -
foot perimeter around all structures. Vegetation in this area shall beat 6" or less (i.e.
stowed grass, low -growing perennials). No vegetation taller than 6" shall be planted in
this area. Any combination of mulch, hardscape (i.e. sidewalks, stones, etc.) may be
utilized.
b) For a distance of 100 feet in every direction, existing conifers shall .be thinned so that
there is a I0 -foot spacing between trees measured from the outside edge of the lower
branches. The lower limbs of all remaining trees within the 100 -foot perimeter should be
removed to a height of 10 feet or half the total height of the plant whichever is least to
eliminate ladder fuels.
c) All deadfall and standing dead within 100 feet of structures shall be removed.
d) The Applicant shall be responsible for the continued maintenance of the defensible space
vegetation requirements.
B. Structural Design and Construction Requirements:
1) Roofs shall be constructed with a Class A roof covering or a Class A assembly. Wood
shake/shingle roof coverings are prohibited. Roofs with less than a 3:12 pitch are not pemlitted
unless they comply with the following:
a) All roof coverings shall be noncombustible materials and installed on a Class A roof
assembly.
b) All roof coverings shall have a surface that shall facilitate the natural process of clearing the
roof.
c) All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above
the roofline, such as parapets, shall be prohibited.
d) Roofs shall he installed as required by the adopted building code and shall have a minimum
slope of 1:48.
e) All roof designs, coverings, or equivalent assemblies shall be specifically approved by the
Fire Marshal prior to submittal of a building permit application.
2) All vents shall be screened with corrosive resistant wire mesh of one quarter inch maximum.
C. Maintenance:
000001
Page �ririation A'o. Lt -2005
11111111111111111111111111111111111111111111111111111 Pag : 4 f 03:311
a
e
]) Roofs and gutters shall be kept clear of debris.
2) Yards shat{ be kept clear of all litter, slash, and flammable debris.
3) All flammable materials (including firewood/wood piles) shall be stored on a parallel contour a
minimum of 15 feet away from any structure. Firewood/wood piles shall be stacked on a
parallel contour a minimum of 15 feet away from all structures.
D. Miscellaneous:
1) Swimming pools shall be accessible to Fire Department vehicles.
2) Fences shall be kept clear of brush and debris.
3) Wood fences shall not be connected to the structure.
4) Fuel tanks shall be installed underground with an approved container.
5) Each structure shall have a minimum of one 10 Ib. ABC fire extinguisher.
6) Addresses shall be clearly marked and visible with minimum 2" non-combustible letters and
shall be clearly visible at the primary point of access from the public or common access road and
installed on a non-combustible post.
7) Any outbuildings or additional buildings shall adhere to the same standards as structures.
8) Utility lines shall be buried within the driveway.
10. No development, including grading, excavation, fill placement, benning, landscaping, entry or ranch
gates, construction parking or staging and vegetation removal or disturbance shall occur outside of the
approved building or development envelopes unless otherwise specified in this document, such as
necessary wildfire mitigation. Utility extension and maintenance shall occur within the approved
building and/or development envelopes, or within the driveway easement.
11. All areas disturbed by construction shall be revegetated with native shrubs and grasses to limit water
consumption and additional runoff within one growing season of the project's completion.
12. The Applicant shall comply with the following wildlife mitigation:
A. No more than two dogs shall be allowed on the property and the dogs shall be kenneled.
B. All waste storage shall comply with the County's Wildlife Protection regulations. Prior to
issuance of a Certificate of occupancy, compliance shall be verified.
C. Fencing outside of the building envelope shall comply with the Pitkin County fencing
requirements in effect at the time of installation.
D. Native vegetation shall be preserved outside of the building and development envelopes, with the
exception of any thinning and spacing required to accommodate wildfire mitigation.
E. Fruit -bearing trees and shrubs should be avoided in any landscaping.
F. No riparian vegetation shall be damaged or removed.
G. A silt fence shall be installed along the west property line during construction to protect
vegetation adjacent to Castle Creek.
13. The Applicant shall comply with all codes and requirements of the Aspen Fire Protection District,
including provision of an approved fire sprinkler system, adequate water supply and a turnaround for fire
apparatus.
14. Prior to commencement of any earthmoving or construction activity, the Applicant shall stake the
corners of the building and development envelopes and install construction fencing around the
perimeter of the envelopes and along the access easement. The fencing shal I remain in place until
issuance of certificate of occupancy.
000003
Determination No. Lt -2005
Page 5
15, All lighting shall comply with the regulations of the Land Use Code. Exterior lighting shall be prohibited
along the driveway and on the west and south facades of the residence, except the minimum necessary to
comply with health and safety requirements of the building code.
16. All development must comply with the provisions of the Pitkin County Noxious Weed Management
Plan.
17. Floor area shall be limited to a maximum of 5,750 square feet, calculated based on the definition in
effect at the time of building permit submittal. In addition, only one structure shall be constructed on
the site and its total footprint shall not exceed 2,500 square feet in area.
18. The exterior of the residence shall be finished in natural, earthtone (blend with the colors of the natural
surrounding environment) and non -reflective materials. Tinting or non -reflective coatings shall be
applied to all south and west facing windows to minimize the reflectivity of these surfaces.
19. Express Creek Road shall remain unplowed during winter months, unless the Applicant requests and the
BOCC approved an amendment to the service and maintenance level of said road through a written
proposal in accordance with the Asset Management Plan.
20. The Applicant shall be allowed an attached caretaker dwelling unit of up to 1,000 net livable square
feet as calculated by the Aspen/Pitkin Housing Authority, only if the Applicant deed restricts the unit
to house commercial employees in the Upper Castle Creek area (i.e. Ashcroft ski area, Toklat, Elk
Mountain Lodge). In addition, the unit shall comply with the following standards:
A. Prior to the issuance of any building permits for the unit, the Applicant shall record a deed
restriction for the caretaker dwelling unit with -the Housing Office.
B. The kitchen unit shall contain at least a two -burner stove with oven, a standard sink, and no less
than a 6 cubic foot refrigerator plus freezer.
21. Failure to comply with these conditions of approval may result in revocation of this permit or any
subsequent permits related to this property or vested rights associated with this property.
22. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County
Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use
Code, § 4-140 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on
May 17, 2008.
IIIIII VIII IIIIII VIII IIIIII IIII IIIIII III VIII IIII IIII 6g 510829:3:311
SILVIA DAVIS PITKIN 00 TY CO R a
000009
Determination No. -?005
Page 6
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 17" DAY OF
APRIL, 2005.
APPROVED AND ADOPTED ON THE 17TH DAY OF MAY, 2005.
VESTED RIGHTED NOTICE PUBLISHED ON THE2qe' DAY OF Wa-'l .2005.
HEARING OFFICER
ATT ST: OF PITKIN COUNTY, COLORADO
anis aylor, nes R. True,
Administrative Assistant Hearing Officer
APPROVED AS
Jahn Ely,
Case #P050-05
290929300007
000010
Date: t—1 0 5
APPROVED AS TO CONTENT:
ny Houben, ��& A
Community Development Director
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Arthur I. Mears, P.E., Inc.
Natural Hazards Consultants
555 County Road 16
Gunnison, CO 81230
Tel/Fax: (970) 641-3236
August 17, 2015
David J. Myler
The Myler Law Firm, P.C.
211 Midland Ave., Suite 201
Basalt, CO 81621
Via email
RE: Geologic Hazard Assessment
Elmira Lode Mining Claim, USMS No. 7664A
250 Express Creek Road, Pitkin County, Colorado
Dear Mr. Myler:
This letter report presents a site-specific assessment and mapping for debris
flow, rockfall and avalanche hazards at the referenced site. The information
presented is intended to confirm or modify the established development envelope
such that exposure to geologic hazards are avoided or minimized. Other
geologic hazards and mitigation designs are not included in the scope of this
letter report and mapping.
Methods
We assessed the geologic hazards of avalanche, debris flow and rockfall using
the following methods.
Review of existing information including:
a. 1041 Hazard Review Site Plan dated March 2, 2002.
b. Map of Elmira Lode MS 7664A by Sopris Engineering, 2014,
c. ALTA/ACSM Land Title Survey by the Sexton Survey Co. 2004.
d. Topographic maps and aerial imagery from Aspen -Pitkin County
GIS Department, Google Earth and Bing.
e. Letter and Avalanche Hazard Map by Arthur I. Mears, P.E., Inc. to
Adam Rothberg, dated June 12, 1999.
f. Letter on Avalanche Exposure and Mitigation from Art Mears, P.E.
to Devin Gardiner, Stan Clauson Associates, Inc., dated March 14,
2005.
Field observations by Art Mears, P.E. and Chris Wilbur, P.E. on May 19,
2015.
000013
New topographic maps and aerial imagery allow for improved mapping of the
avalanche, rockfall and debris flow hazards. The 1999 maps were based on a
topographic map prepared in 1967 with 25 foot contours. The Pitkin County
topography with 10 foot contours allows more detailed mapping. Similarly, high
quality aerial photos assist with evaluating vegetation, rock outcrops and surface
conditions.
Our field observations revealed evidence of rockfall, debris flows and avalanches
at the site. Figure 1 shows a view of the site from across the Castle Creek
Valley. The rockfall sources and avalanche starting zones and tracks are visible
in this photo. Figure 2 shows a closeup of typical blocky rockfall source. Figure
3 shows rocks likely deposited from rockfall processes at the north end of the
development envelope. Figure 4 shows a recent small debris flow that reached
the development envelope.
The field observations were applied in conjunction with terrain analyses to
develop:
Figure 5 - Rockfall Hazard Map
Figure 6 - Debris Flow Hazard Map
Figure 7 - Avalanche Hazard Map
The rockfall paths have not been quantified in terms of energy or bounce heights.
They are shown for the purpose of avoidance. Based on the small source areas,
debris flow hazards are low and easilv mitiaated.
Avalanche hazards present the most restrictive geologic hazard to development.
Avalanche hazard zones are defined according to Pitkin County Land Use Code:
Red Zone — An area where avalanches can be either frequent (more than
once in 30 years, on the average) or of high impact pressure potential
(600 lbs/ftz on a large flat surface at right angle to the avalanche flow);
either frequency or pressure criteria will define a Red Zone;
Blue Zone — An area of reduced frequency and reduced pressure where
avalanches will occur less often than once in 30 years and produce
pressures of less than 600 lbs/ftz).
Geologic Hazard Assessment
Elmira Lode, Pitkin County, CO
000011,
Arthur I. Mears, PE, Inc.
Wilbur Engineering, Inc.
August 17, 2015
Figure 1 - Photo across Valley Showing Rockfall Sources
(Note Tipi in lower rt. of photo is at SW corner of site)
Geologic Hazard Assessment
Elmira Lode, Pitkin County, CO
000015
Arthur I. Mears, PE, Inc.
Wilbur Engineering, Inc.
August 17, 2015
Figure 2 — Typical Rockfall Source
Figure 3 — Rocks near Northwest corner of Site
Geologic Hazard Assessment
Elmira Lode, Pitkin County, CO
000016
Arthur I. Mears, PE, Inc.
Wilbur Engineering, Inc.
August 17, 2015
Figure 4 — Recent Debris Flow Deposit
(Tipi and access road visible at top of photo)
Conclusions and Recommendations
The updated mapping of Avalanche Hazards and assessment of rockfall and
debris flow hazards show that the development envelope established in 2006 is
sited to minimize exposure to the mapped hazards. Pitkin County prohibits
development in the "Red" or "High" Avalanche Hazard Zone. Mitigation is
required in the "Blue" or "Moderate" Avalanche Hazard Zone. Due to the small
size of expected debris flows, mitigation for avalanche will also mitigate debris
flow and any minor rockfall hazards.
Avalanche hazard mitigation could consist of a splitting wedge structure either
built above a future dwelling or designed as part of the dwelling. We recommend
site and structure -specific hazard mitigation designs for any occupied structures
at the site. The design loads cannot be determined without additional analysis
and after detailed dwelling or mitigation structure geometry and orientation are
known.
We hope that this provides the information that you need at this time. If you have
any questions, please contact me at (970) 275-1548 or Chris Wilbur at (970) 247-
1488.
Sincerely,
Arthur I. Mears. P.E.
Geologic Hazard Assessment
Elmira Lode, Pitkin County, CO
000017
Chris Wilbur, P.E.
Arthur 1. Mears, PE, Inc.
Wilbur Engineering, Inc.
August 17, 2015
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USDAUnited States Forest While Ricer valionA Forest
Deparlmenl of Service
_ Agriculture
File Code:
Date:
Pearl Pass, LLC
c/o The Myler Law Firm
211 Midland Avenue, Suite 201
Basalt, Colorado 81631
RE: Assignment of Easement to Pearl Pass, LLC
Dear Mr_ Myler:
900 Grand Ave
Glenwood Springs, CO 91601-3602
2720
July 17, 2017
'this correspondence addresses your request to transfer the Federal Land Policy and Management
Act Private Road Easement issued to David Middleton on December 4. 2001 and assigned to
'.Matt Holstein on February 6. 2006 to Pearl Pass. LI.C. of whom you are the acting agent. The
location of the road that accesses the Elmira Lode (USMS 7664A) is described in Exhibit A of
the Easement. and the Easement is recorded as Reception No. 462346 in the Office of the Clerk
and Recorder of Pitkin County. Colorado.
On September 18. 2014, Matthew P. f. Holstein conveyed by warranty decd his interest in the
E6nira Lode, including an assignment of the above -referenced Easement located in the SW'A
Scc 29, T.11 S., R.84W.. 6'i' PM, Pitkin County, Colorado, to Pearl Pass. LLC.
By this letter, we are transferring the Easement to Pearl Pass, LLC at the above address. By
accepting transfer of the Easement, Pearl Pass, LLC agrees that authorized use has not changed
and that Pearl Pass, LLC will comply with and be bound by all terms and conditions contained in
the Easement unless we hear from you within thirty (30) days from today's date. Transfer of the
Easement is not subject to appeal. It is recommended that you record this letter at the Pitkin
County Clerk and Recorder's office as soon as possible. The Grantor is the United States
Government: the Grantee is Pearl Pass. LLC.
Please refer any questions concerning this 1?asclnent to Yitmin-ehvint. a Yt*:11r$"S11eMa11tf'atTtTfC
Aspen-Sopris Ranger District. Jim is reachable by telephone at (970) 404.3 1i+ or by email at
II schviilk a
Sincerely,
SCOTT G. I- TZWILLIAMS
Forest Supervisor
cc: Jim Kirschvink
9
RECEPTION#: 621774. 0 712 412 01 5 at
02:42:35 PM,
I OF 1. R $11.00 Doc Code EASEMENT
Janice K. Vos Caudill. Pitkin County, CO
Caring for die (.and and Sen-ing People
hnnen... x.rv:.M Yupe
Flan of Operations
for
Pearl Pass LLC
Elmira Lode Driveway
USDA Forest Service
Aspen-Sopris Ranger District, White River National Forest
Elmira Lode Parcel. M.S. 7664A SW%. Sec29, T.I IS., R84W.
6"' PM, Pitkin County, Colorado.
August 10, 2015
This stipulation is between Pearl Pass LLC, hereinafter referred to as the Holder, acting by and
through its authorized representative, David Myler, P.C. and USDA Forest Service, acting by
and through its authorized representative. Karen Schroyer, Distict Ranger, hereinafter referred to
as the Forest Service.
The holder has purchased property adjacent to the White River National Forest. The previous
landowner did not fiilly execute the construction of the driveway to the above parcel to USFS
standards. The subject was directed to correct the defieciencies withing the driveway
construction to the standards wished by the IJSFS. This document authorizes the re -construction
of portions of this driveway subject to the following plans, specifications, and stipulations.
Now, therefore, the Subject agrees to the following terms and conditions, and the United States
Forest Service (USFS) hereby authorizes the restoration to proceed in accordance with these
terms and conditions:
1. General Terms: Construction/reconstruction of the Elmira Lode Driveway shall be in
accordance with the plans, specifications, and references set forth in the Exhibits A through C,
attached hereto and made a part hereof: Location where work is to be performed on National
Forest is shown on the attached map fabled "Exhibit A." Terms in this Plan of Operations
supersede those in any attached reference manuels.
The Forest Service may suspend all or an), part of the conshvction/reconstntetion activities upon
breach of the conditions herein:
Prior to suspension, revocation, or termination the Forest Service shall give the Holder written
notice of the grounds for such action and reasonable time to cure any noncompliance. However.
the Forest Service may require immediate temporary suspension of all or any pari of the
activities when the Forest Service determines it is necessary to protect the public health, safety,
or the environment. If requested b) the Holder, the superior to the officer ordering the
suspension, revocation, or termination shall arrange within ten days of the request for an on -the -
ground review of the conditions % ith the Holder. The superior shall affirm, modify, or cancel
the temporary suspension as soon aller the review as possible.
2. Designated Contacts: The USFS designated contact person is Jim Kirschvink, Realty
Specialist, (970) 963-2266 x 3118. C: (970) 580-9366. jkirschvinklg fs fed.us. If the designated
contact cannot be reached, contact Karen Schroyer, District Ranger (970) 963-2266.
The designated contact person for (facility) is David J. Myles, The Myler Law Firm, P.C.
211 Midland Avenue, Suite 201 Basalt. CO 81621(970) 927-0456 Telephone (970) 927-0374
Telefax
dmvler(rdmYIcrlawac co D e / / OK n , 81i )rte
3. Construction timeline: Tojacc)midatc wildlife conncerns (if applicable, de ing on the
projector location), constructiobegin no erthan Monday, August 1 2015, with an
anticipated completion date of15, 201& Construction must be complete by October 15,
2015 unless an extension is granted by the authorizing officer (District Ranger). (The FS will
modify or delete this based on input from the Staff Biologists.)
5. Staging: All staging of supplies and equipment will take place on either USFSproperty or
property belonging to the Subject. No equipment will be stored south of the gated enterence.
6. Invasive Species: A survey for noxious weeds will be conducted by the Subject in the staging
areas and along the project route. If necessary, these areas will be treated prior to ground
disturbance. Herbicides and application techniques used must meet state requirements and
specifications. The Holder shall wash all carlhmoving, construction, and transport equipment so
that said equipment is free of dirt, wed, and plpnt material before it is brought ince the White
River National Forest or adjacent lands. The USFS designated contact person shall be notified at
least 48 hours in advance prior to inspections. The holder shall be responsible for the prevention
and control of noxious weeds and/or exotic plants of concern on the areas authorized by this plan
of operations.
Subject may use non -restricted chemical herbicides for weed control along the access route and
reclaimed road segment. Label instructions will be strictly followed in the application of
pesticides and the disposal of excess materials and containers. Noxious weeds and exotic plants
of concern are defined as those species recognized by the White River National Forest in which
the authorized use is located. When determined to be necessary by the authorized officer, the
holder shall develop a site-specific plan for noxious weed and exotic plant prevention and
control. Such plan shall be subject to Forest Service approval. Upon Forest Service approval,
the noxious weed and exotic plant prevention and control plan shall become a part of this
authorization, and its provisions shal I be enforceable under the terms of this authorization.
7. Access Routes: will be by existing route into the Subject's property.
2
1700023-
8. Construction methods: See Attached plans
9. Vehicles/Equipment: Pickups, excavator, trailers, dump truck, back hoc, tractor.
10. Routine Maintenance: Weeds and drainage will be inspected annually for three years
following completion of this project.
11. Non -routine Maintenance: The Subject shall contact the Authorized officer for approval
before proceeding with work that is other than routine operations, as this work could require
additional authorization from the Forest Service. Some of these situations are:
a. Bringing in and using heavy equipment other than that approved in #9 above.
b. Using other than approved maintenance routes fnr access.
c. Removal of significant amounts of vegetation and soil and deposition of the same, in or on
National Forest System lands.
d. Burning slash, application of seed mixtures (weed -free seed required), or other means of
vegetation control measures.
e. Reconstruction or re-routing of a portion of the ditch/road/whatever
f. Breaching a dam and/or replacement of outlet works.
g. Raising spillway height in order to enlarge a reservoir.
It. Excavation of riprap or borrow material from other than inside the reservoir basin (this may
entail a new authorization).
i. Use of explosives
10. Seed Min: For general forest areas with an elevation from 8,000 — 9,000', the following may
be used: Mountain Brome grass, 10 Lbs./acre, Slender Whealgrass, 10 Lbs./acre, Sheep Fescue —
5#/acre for a total of 25 Lbs./acre. Seed mix must be certified weed free. "fags must be saved
and given to the USFS inspector upon request,
11. Esthetics: The Holder shall protect scenic and esthetic values in the construction areas as much as
possible.
12. Timber: No timer will be cut for this project. Trees will be planted in the reclaimed arca,
and will fidfrl the reguations of Pitkin County's Tree Mitigation Program.
13. Archeological: If, prior to or during excavation work, items of archeological,
paleontological, or historic value are discovered or reported, or an unknown deposit of such
items is discovered, easement holder will immediately cease excavation in the area so affected.
Holder will then notify the Forest Service and will not resume excavation until the authorized
officer gives written approval.
14. Fires and prevention: The Subject shall do everything reasonably within its power to
prevent forest fires. No material maN be disposed of by burning in open fires without written
permission from the Forest Service. One type ABC fire extinguisher per vehicle is required.
Each vehicle shall carry a long -handled serviceable shovel.
000024
All trucks, tractors, chainsaws, or other internal combustion engines used in on this project shall
maintain a muffler with a spark arrester in good working condition and designed for that
machine.
During periods of dangerous fire weather, as determined by the Forest Service, all fire
restrictions will be followed. The Holder must transport and keep with each powersaw, at all
times such lire tools and portable extinguishers as specified and to take other precautionary
measures as may be required by the Forest Service
15. Fuels and Hazardous Materials: Any fuels or hazardous materials (examples include oils.
hydraulic fluids, diesel, etc.), shall be stored in approved containers. Storage of these materials
should be minimized. No fuels will be stored on National Forest System Lands_
16. Survey Markers: The Holder shall take reasonable precautions to protect all public land
survey monuments and accessories. private property comers, and Forest boundary markers. In
the event that any such land markers or monuments are damaged or destroyed, the Holder shall
reestablish or reference the corner in accordance with directions and procedures to be furnished
by the Forest Service.
17. Accidents: In the event of any accident requiring medical attention, the Holder will notify
the USFS designated contact as soon as reasonably possible.
20. Monitoring: The holder will conduct monitoring along the construction site checking for
erosion, invasive species, and potential hazards yearly for a period of 3 years following
completion of the construction. Notification will be made to the USFS designated contact 5
days in advance to inspections.
22. Trash removal: All scrap material and refuse will be removed from National Forest System
lands and disposed of in an appropriate manner_
23. Proof of Permit: A copy of these construction stipulations will be at the construction site at
all times during construction activities.
24. Project Completion: The Holder will notify the USFS designated contact when completion
of this project has occurred, and an inspection date will be scheduled..
25. List of Exhibits and Reference Materials:
Exhibit A — Project Diagram, Location, and Map
Exhibit B — USDA EM -7720-103 Standard Specifications for Construction and
Maintenance of Trails, 97 Pages, located at:
www.fs.fed.us/.ftnroot/ ub/acad/dev/trails/tmils.htm
-025
Exhibit C — Seed Mix and Revegetation: The Pitkin County Revegetation guide has
been approved for use on this project by the Forest Botanist. The entire guidelines are
located at:
httpJ/ww,w.aspenpitki n. com/lleaanments/Publie-Works/Land-
Manaeement/Revegetati o m -i
t r r s s s s t F s • s s s r ♦ s r s • s
In Witness Whereof, the flolder and the Forest Service have caused this stipulation to be
executed on this
—2015
Holder: The Myler rm, P.C. on behalf of Pearl Pass, LLC.
Accepted by: _ Date: S/l!/ /S
David Myler, President
USDA, Forest Service:
Prepared By: Date: 8'
iJv
s Kirschvink
Specialist
Aspen-Sopris Ranger District
Approved By: Date: IVI7 �S
arcn Schroyer
District Ranger
Aspen-Sopris Ranger District
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14.
PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES
PITKIN COUNTY (hereinafter COUNTY) and Pearl Pass, LIZ
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to COUNTY an application for P,±ruustrative Approval of
Activity Envelope (hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that Pitkin County Ordinance No. 30-2009 establishes a
fee structure for land use applications and the payment of all processing fees is a condition precedent to a
determination of application completeness. The fee structure is based on the County's policy that
development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be
consistent and fair to the public and to reflect the expense incurred in providing such services to the public.
3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed
project, it may not be possible at the time of application to ascertain the full extent of the costs involved in
processing the application
4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shaC
accumulate if an application includes more than one type of land use review.
5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete
processing or present sufficient information to the Planning Commission and/or Board of County
Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally
required findings for project approval, unless current billings are paid in full prior to decision.
6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to
collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the
amount of $ 1926.00 which is based on n/"flours of staff fime, and if actual time spent by staff to process the
application exceeds the average number of hours by more than 20%, then the COUNTY will bill the
APPLICANT quarterly for the additional time spent, Such periodic payments shall be made within 30 days of
the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for
suspension of processing.
PITKIN COUNTY APPLICANT
Cindy Houben
Community Development Director
Effective 1126110
G;countyladminlformslagreement to pay
000028
Pearl Pass, LLC
Print Name
Fly:
Signature T -honk A. I3cu7on; tiiiinag,2r
November 11, 2015
MaN - Peadrie�s' `
Poulder, CO 80302
PEARL PASS, LLC
545 Pearl Street
Boulder, CO 80302
November 11, 2015
Suzanne Wolff, Senior Planner
Pitkin County Community Development
130 S. Galena St
Aspen, CO 81611
RE: Elmira Lode
Application for Administrative Approval of Activity Envelopes
Consent and Authorization
Dear Suzanne:
By this letter, David J. Myler of the Myler Law Firm is authorized to represent Pearl
Pass, LLC in its application for Administrative Approval of Activity Envelopes on the Elmira
Lode near Ashcroft.
If you have any questions or need any additional authorization, please do not hesitate to
contact me.
Pearl Pass, LLC
By: • i��• •
Thomas A. Barron
TAB/cv
00002)
ELMIRA LODE MS 7664A AMCTIVITY ENVELOPE/SITE PLAN
SITUATED IN A PORTION OF PBSO, TOWNSHIP 11 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PRION, STATE OF COLORADO
SHEET 1 OF 1
GRAPHICSCALE
(YISTI
laY�)a
NOTES
1) DATE OF FIELD WORK: AUGUST, 2014.
2) DATEOFPREPAMTION: AUGUST&O BEA,2015.UPDATEDWRHAOPEANAE DEO%MBER2015.
3) BASIS OF BEARING: A BEARING OF N 01'27'00• E ALONG THE WEST BOUNDARY OF E1MIM LODE FROM THESOUDIWEST
CORNER Of SAID LODE TO A POINTON THE WEST UNE OF SAID WOE BOM BEING ASTONE MONUMENTFOUNDAS
SHOWN.
4)BASISOFAII YENVELOPEPUN: PUTMTHECWMOFW.P.GREENEf AEMINERALSURVEYN0.766FAAB
RECORDEDWITH THE U.S. SURVEYORGENERAL'S OFFICE DENVER ODWRADOOCTUBEA22, 1892, MIDOUE -ELMIRA
WDE-1041 HAZARD REVIEW SITE PUN RECORDED DECEMBER 30, 2005 AS RECEPTION NO. 519115, VARIOUS
DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN.
5) THIS SURVEY DOES NOT CONSTITUTE A TME SEARM BY SOPRLS ENGINEERING, UL (SE] TO DETERMINE OWNERSHIP OR
EASEMENTS OF RECORD. TOR ALL INFORMAHON REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TME OF RECORD,
MRFUEDUPONTHEABOVESNDDENTSDE BEOINNOTEANOTIRECOMMTRAENTWASUSED.
6)THE ODN WRS SHOWN HEREON, AND THE SLOPE ANALYS5 GENERATED FROM THEM, ARE 2'Q OIIRINTERVALS,
INTERPOUTED FROM 10' M WITS, PRONDED TO SE BY THE PDKIN COUNTY GLS DEPAR TENT; AND ARE BASED ON
THE RATIONAL GEODETIC VEAITCAL DAVM Of 1929 (NGVD29).
Gb RSP Bq. WpEM
nm NIfO
,Som uw
NAID YR1ID
GRAPHICSCAIE SOPRIS ENGINEERING - LLC
0
— - —CNIL Co NSULTANTS---
IYRRrI 502 MAIN STREET, SUITE A3
fr•Roa CARBONDALE, COLORADO 81623
NY ,,,,,,� m.. ,� (970) 704-0311
!0003
VICINITY MAP
PROPERTY DESCRIFT)ON
THE EIMIRA LODE MINING W M (US MINERAL SURVEY NO. 7664A)
LOCATED IN THE COW MBIA MINING DLSTRICT AND EMBRAQNG A
PORTION OF TOWNSHIP II SOUTH RANGE M WEST OF THE 6TH
PMNOPAL MERIDIAN, AS PATENTED AND DFSOIIBED IN THE UNITED
STATES PATENT RECORDED IANUARV 111952, IN BOOK In AT PAGE
574 OF P=N COUNTY, STATE OE COLORADO.
COUNTY OF PRKIN
STATE OF COLORADO
OWNER'S ACKNOWLEDGEMENT
THE OWNER AOMNOWLFDGES BEING INFORMED BY FMON COUNTY OF THE HOSTENO: Of -E RONMEMAL HAZARD ARES'
T TMIGMAETEUT EPROPERTY,ANYIMPROVEMENTS,MDMEUSETHEME . MEPROV NSMTHER NODUNTI'
REGUUTIONSDONOTINANYWAYASSUREMIMPLYTINATTHEAREASIXMDFD NATEDHAZARDMEASWILLBE
FREEFROMHALWDSORTTUTMPROVEDMI11 MNMEASURESWILLGUAMNTEETHESAFETYOFTHEPRORRTY.
BOARD OF COUNTY COMMISSIONERS APPROVAL
THISALTLVRYENVEIOPFJS FLAN NAS BEEN REVIEWED AND MPROVED BYTHE BCNDOF pOUNfYO]MM6510NEA5
SUBIECTTORESOLUILONNUMUR_ANDKEWRMMRECWnONNO. TH6_DAYOF
.2DIS.
BOARD OF COUNTY CNAMISSIONEAS, OWR
CLERK & RECORDER ACCEPTANCE
TH6 ACITVITY ENVEWPE/SIIE PIAN HAS BEEN ACCEPTED FOR HUNG N 1NEOFHCEOF111E CFAI(AND gECOPDEA Of PITKIN
COUNTY, COLORADO, THIS_ MY OF 2015, N PIATBDOR AT PAGE—. AS
RECEPHON NO.
CLERK AND RECOROFA/DEPUTV
MISCELLANEOUS
DOCUMENTS
PLATS
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN to the general public that on May 31, 2016, the Pitkin
County Community Development Director granted approval for the Pearl Pass LLC
Activity Envelope Review (Case P086-15; Deter. #041-2016). The property is located at
250 Express Creek Road and is legally described as the Elmira Lode Mining Claim,
USMS No. 7664A. The State Parcel Identification Number for the property is 2909-293-
00-007. This site-specific development plan grants a vested property right pursuant to Title
24, Article 68, Colorado Revised Statutes.
S/Cindy Houben
Community Development Director
Pitkin County, Colorado
Published in the Aspen Times Weekly, on JUNE 16, 2016.
PUBLIC NOTICE
RE: Pearl Pass LLC Activity Envelope Review (Case P086-15)
NOTICE IS HEREBY GIVEN that an application has been submitted by Pearl Pass
LLC (545 Pearl Street, Boulder, CO 80302) requesting approval to re-establish the
previously approved activity envelope for a driveway and a single family residence. The
property is located at 250 Express Creek Road and is legally described as the Elmira
Lode Mining Claim, USMS No. 7664A. The State Parcel Identification Number for the
property is 2909-293-00-007. The application is available for public inspection in the
Pitkin County Community Development Department, City Hall, 130 S. Galena St.,
Aspen, CO 81611. Comments or objections are due by February 15, 2016. For further
information, contact Suzanne Wolff at (970) 920-5093.
Published in the Aspen Times Weekly on January 14, 2016.
Attention All Property Owners within 300' of the subiect property
A property owner receiving this public notice who wishes to submit comments or an
objection shall submit those to the Pitkin County Community Development, 130 South
Galena Street, Aspen, Colorado 81611, by February 15, 2016. If any objections to the
development application are received the Community Development Department shall
continue the application to a public hearing before the Hearing Officer.
http://pitkincounty.com/DocumentCenterNiew/7159
County of Pitkin } AFFIDAVIT OF NOTICE &
} ss. MAILING PURSUANT TO
State of Colorado } PITKIN COUNTY LAND USE
CODE SECTION 2-20-100
I, , j>0. f I LA I >✓r , being or representing an
Applicant to the Pitkin County Development 04artment, personally certify that I have complied with
the public notice requirements pursuant to Section 2-20-100 of the Pitkin County Land Use Regulations
in the following manner:
By mailing of notice, a copy of which is attached hereto, by first-class, postage prepaid U.S. Mail at
least 30 days prior to the public comment deadline to all owners of property within 300' of the
subject property, as indicated on the attached list, on 201(e (which is 30 days prior to
the deadline of, 2010. The names and addresses of the adjacent property owners shall
be those on the current records of Pitkin County as they appeared no more than 60 days prior to
the public comment.
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on th + , 2011p which is at least fifteen (15) days prior to the public
comment deadline. A pholo •
taph of the posted sign is att hed hereto.
�Vlad 1 t uLP-✓ '1'/Dr
An licant's name Signature
An
I Qoss I LL -c-,
(Attach photograph here)
Signed before me thisI tA day ofle6lm,
201Jby
WITNESS MY HAND AND OFFICIAL SEA
My
Public's Signature
1:\county/planning\admindecision\adminfomvs\aftidavit for Activity Envelope/SiMflatt/Cntt4or Dwelling Unit CNER R'�
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20124054484
W COMMIS®ION tD(PIREA 08/2p 1018
United States Forest Service
Attn: Jim Kirschvink
620 Main Street
Carbondale, CO 81623
11
V--
<
PITION COUNTY COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
December 22, 2015
David Myler
211 Midland Avenue, Suite #201
Basalt, CO 81621
dmyler@mylerlawpc.com
Re: Pearl Pass LLC Activity Envelope Review
(PID #2909-293-00-007; Case # P086-15)
Dear Mr. Myler:
The Planning Office has completed its preliminary review of the captioned application. We have determined
that this application is complete. After a more detailed review of the submittal information, additional
information specific to the application may be requested in order to adequately review and process the
application. The planner in charge of the review will request the information from you directly.
Please note that it is your responsibility to mail notice by U.S. Mail to all property owners within 300'
of the subject property with the return address of the Community Development. Department (copy of
notice will be mailed to you by the Community Development Department) by January 14, 2016. The
names and addresses shall be those on the current tax records of Pitkin County as they appeared no
more than 60 days prior to the mailing. Please submit the enclosed Affidavit of Notice by Mailing
and a photograph of the posted sign as proof of compliance with the Code. A property owner
receiving the public notice who wishes to submit comments or objections to the Community
Development Department by the 15w day of February, 2016. If any objections to the development
application are received by this date, the Community Development Department shall continue the
application to a public hearing before the Board of County Commissioners.
2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest
public way) on the 29th day of January, 2016, which is at least fifteen (15) days prior to February 14,
2016. This must be submitted prior to any approvals being granted.
3. PLEASE SUBMIT AND ADDITIONAL $78.00 FOR PLANNING FLAT FEES, AS THE
PRE -APPLICATION WAS BASED ON OLD PLANNING FEES.
If you have questions, please call Suzanne Wolff, the planner assigned to your case, at 920-5093.
Sincerely,
Bonnie Shiles
Administrative Assistant
PITIQN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
To: Colorado Geological Survey
Castle/Maroon Creek Caucus
USFS
Aspen Historical Society
FROM: Suzanne Wolff, Community Development Department
Suzanne.wolff@pitkincounty.com
Re: Pearl Pass LLC Activity Envelope Review
(2909-293-00-007; Case P086-15)
DATE: December 23, 2015
Attached for your review and comments are materials for an application submitted by
Pearl Pass LLC. The Pitkin County Community Development Director will review the
application.
Please return your comments to me by Wednesday, February 15, 2016.
http://vitkincoun1y.com/DocumentCenterNiew/7159
If you require a paper copy of this application contact Bonnie Shiles at
bonnie.shiles@pitkincounty.com or 920-5109.
Thank you.
Crc 3
I
COLORADO GEOLOGICAL SURVEY SUBMITTAL
FORM FOR LAND -USE REVIEWS
CountyI- 1
r� 1
Project Name 1'Q Q r
Date 12 IZ3 1 IS
APPLICANT
(or Applicant's Authorized Representative responsible for paying CGS -review fee)
Name h6ad Puss Uc
r .. '�l►7GZ�d�'1tiTi
Ph. No 976)QZi'01S_?<1 Fax No.
FEE SCHEDULE
(effective June 1, 2009)
Reviews for Counties
'/i 1A o /14
Section(s)
Township
Range
Dec Lat
Dec Long
Small Subdivision (> 3 dwellings and < 100 acres) ......................................... $950
Large Subdivision (> 100 acres and < 500 acres) ....................................... $1,550
Very Large Subdivision (500 acres or more) ............................................... $2,500
Very small residential subdivisions (1-3 dwellings and < 100 acres) ...................$600
Reviews for Municipalities.........................................At hourly rate of reviewer
Special Reviews.......................................................At hourly rate of reviewer
School Site Reviews .........................................................$855
CGS LAND USE REVIEWS
Geological studies are required by Colorado counties for all subdivisions of unincorpo-
rated land into parcels of less than 35 acres, under State statute C.R.S. 30-28-136 (1) (i)
(Senate Bill 35,1972). Some Colorado municipalities require geological studies for sub-
division of incorporated land. In addition, local governments are empowered to regu-
late development activities in hazardous or mineral -resource areas under C.R.S. 24-65.1-
101 et seq. (House Bill 1041,1974) and C.R.S. 34-1-301 et seq. (House Bill 1529,1973),
respectively.
Local -government agencies submit proposed subdivision applications and supporting
technical reports to the Colorado Geological Survey "...for evaluation of those geologic
factors which would have significant impact on the proposed use of the land;' in accor-
dance with State statutes. The CGS reviews the submitted documents and serves as a
technical advisor to local -government planning agencies during the planning process.
Since 1984, the CGS has been required by law to recover the full direct cost of perform-
ing such reviews.
The adequate knowledge of a site's geology is essential for any development project. It
is needed at the start of the project in order to plan, design, and construct a safe devel-
opment. Proper planning for geological conditions can help developers and future
owners/users reduce unnecessary maintenance and/or repair costs.
Colorado Geolo,iiW Sumy • 15M Illinois Street Golden, CO SIM1 • Ph 00Y 2655 • Email CGS_LURnimmes.edu • ColoredoGeoloOlcalSurvey.o,0
Coated W16M6, revised 112112010
Frequently Asked Questions and Answers
Regarding the CGS Land Use Review Process
Why am I required to have a CGS review when I already hired
and paid for my own cowmItant?
In 1972, Senate Bill 35 was passed stating that any person or
entity subdividing a property into parcels of 35 acres or less on
unincorporated land must submit geologic or geotechnical
reports to the County as part of the preliminary plat application
process. Municipalities or public agencies may request that CGS
review a site, although these reviews are not governed by the
statute.
Why is a CGS review necessary when 1 already hired my own
geologist?
The CGS review is an independent third -party review that is done
for the County, similar to the service a building inspector provides
for construction review. The purpose of the CGS review is to
ensure that all geologic concerns have been adequately identified
and addressed in the geologic reports and that the proposed
development is feasible.
Why does CGS charge for laird use reviews? Doesn't taxpayer
money pay for this service?
CGS land use reviews are not subsidized through the general
fond, although some other review agencies are supported by
taxpayer money. In 1984 the state legislature decided that CGS
reviews should be paid for with fees paid by the applicant of the
proposed development so that taxpayers are not viewed as
subsidizing development.
Did the CGS geologist make afield visit to the site?
A CGS geologist visits each site being reviewed. If the review is a
re -submittal for a site that has been visited previously, a second
site visit may not be necessary. If significant changes have
occurred since the initial review, the site may be visited again.
Why is the CGS review letter so short and simple? What is my fee
paynngfor?
The CGS letter is a review of the geologic material submitted and
reflects the level of detail contained in those documents. CGS does
not offer designs, but rather ensures that the work that has been
done is meaningful and adequate for the site conditions and
proposed development. A site review that adequately addresses all
the geologic conditions present at the site may be a short
confirmation letter. B more work needs to be done or if difficult
site conditions are present, the letter may be longer.
What type of information do I need to submit to CGS for a land
use review?
The more geologic information that is submitted to CGS, the
easier it is for CGS to evaluate the property. The required
documents may vary based on county requirements and the
potential problems that may impact the proposed development
A topographic map is essential. Also, information regarding
slope, surficial materials, subsurface materials and bedrock,
presence of groundwater and depth, and specific geologic
hazards should be included, where applicable. Grading plans,
drainage plans, and geotechnical testing results are also very
helpful for the review. The presence of geologic hazards should
be evaluated with respect to the development plan. Also, the
effect of development on geologic conditions should be
discussed. The evaluation should include alternatives such as
avoidance and mitigation techniques.
M
The subdivision dowry the road was approved, why wasn't mine?
Them could be several reasons: geologic conditions can change
over short distances; subdivisions made prior to 1972 were not
required to undergo a CGS review and may have not been
evaluated for geologic suitability at all; the area down the road
may be incorporated as part of a municipality, which exempts it
from the CGS review process. Another consideration is that
geologic reviews are continually evolving and site conditions that
have been judged acceptable in the past may no longer be
considered as such, based on the current understanding of the
geologic processes and adverse impacts associated with them
Why are CGS reviews required even on low-density properties?
Senate Bill 35 pertains to subdivisions of less than 35 acres.
Geologic hazards can occur on large ales or small -scales;
relying on low-density subdivision can not mitigate all geologic
hazards. For instance, entire hillsides might be prone to rockfa8
or landslide hazards. large tracts of land may be subject to
groundwater problems.
9 Why can't 1 just use the soil ronseroatimn maps for a geologic
report?
The USDA soil conservation maps are a good start for geologic
investigations, but do not contain sufficient detail on the possible
geologic problems that may occur at any site.
10 Aren't wine of your review continents beyond the scope of geologic
hazards on my site?
Technically other agencies have regulatory authority regarding
issues such as flood plains, groundwater availability and wildfire,
but these issues am also important factors in the overall geologic
context of the site and may affect geologic hazards on the site. The
mention of a condition in the CGS review letter is not intended to
influence the statutory authority of any other agency, but rather to
ensure that all parties are aware of a potentially problematic
geologic condition For instance, mention of a situation involving a
major drainage is a Bag that the U.S. Army Corps of Engineers or
the Colorado Water Conservation Board should be reviewing
development plans.
Il WhenI bought this property, no oe told me about any geologic
hazards on the site; can I go back to the previous owners
somehow?
CGS can not give legal advice. If the seller was aware of adverse
conditions with respect to the proposed use, this should have
been disclosed. A legal opinion should be sought.
12 Can I get a waiver from having the CGS do a review?
The discretion to grant waivers is vested by law with the counties.
Once an application for review is submitted to CGS, we are under
a statutory responsibility to respond.
13 I am willing to accept the risk associated with my property —
why is it anyone's business what I do with my own land?
The presumption associated with a subdivision is that portions
of the property will be sold to others. This then assigns any risk
to future buyers, and the county is required to protect their
interests. Senate Bill 35 addresses a wide variety of land use
issues as well as geologic suitability in an attempt to provide
information so that the overall appropriateness of the
subdivision proposal can be evaluated.
1Ja
COLORADO GEOLOGICAL SURVEY
1801 191i Street
Golden, Colorado 80401
February 24, 2016
Suzanne Wolff Location:
Pitkin County Community Development SW'%4 Section 29
130 South Galena St., 31 Floor TI IS, R84W of the 6' P.M.
Aspen, CO 81611 39.0602, -106.7972
Subject: Pearl Pass LLC Activity Envelope Review
Case P086-15: Pitkin County, CO: CGS Unique No. PI -16-0004
Dear Ms. Wolff:
Karen Berry
State Geologist
Colorado Geological Survey has reviewed the Pearl Pass LLC activity envelope referral. We understand the
applicant proposes to re-establish a previously approved activity envelope for a driveway and a single family
residence within the Elmira Lode mining claim (USMS No. 7664A) near the ghost town of Ashcroft. With this
referral, we received a request for CGS review (December 23, 2015), an Elmira Lode 1041 Hazard Review
Memo (May 17, 2005), and a set of documents related to the current application, including an updated Geologic
Hazard Assessment (Art Mears, August 17, 2015).
CGS previously completed a 1041 hazard review for this site; comments were provided in a letter dated
April 1, 2005. Potential concerns involved avalanche, debris flow, rockfall, and drainage/erosion hazards.
Avalanche, rockfall, and debris flow hazards. The proposed building envelope is located outside of the
high avalanche hazard "red zone," and mostly outside of the identified rockfall hazard nmout zone and
mapped debris flow hazard areas. The building envelope is located within a "blue," or moderate
avalanche hazard zone, so avalanche hazard mitigation is required. Mears states (page 5) that "Due
to the small size of expected debris flows, mitigation for avalanche will also mitigate debris flow and
any minor rockfall hazards."
CGS agrees with Mears' hazard mitigation recommendations. Specifically: "Avalanche hazard
mitigation could consist of a splitting wedge structure either built above a future dwelling or designed
as part of the dwelling. We recommend site and structure -specific hazard mitigation designs for any
occupied structures at the site. The design loads cannot be determined without additional analysis and
after detailed dwelling or mitigation structure geometry and orientation are known."
Provided additional analysis is conducted to determine design loads, and mitigation is designed,
constructed and maintained in strict accordance with site- and structure -specific analysis and
recommendations, CGS has no objection to approval of the activity envelope. Recital item 7 and
conditions 7A and 7B of Determination No. 14-2005 (6/1/2005) satisfactorily communicate the hazard
mitigation requirements.
Pl-16-0004_1 Pearl Pass LLC Activity Fnvelope
2:26 PK 02/24/2016
Suzanne Wolff
February 24, 2016
Page 2 of 2
The applicant should be made aware that any change in vegetation conditions above the site, such as
through wildfire, disease, debris flow, landslide, erosion, or other disturbance, is likely to increase the
avalanche risk, and additional mitigation may be needed to protect occupants and improvements.
Drainage. As noted in our 4/1/2005 review, there are small drainages running off the steep slope to the east
that cut through the building envelope. These should be avoided if possible or, if it is not possible to
avoid them, then some other mitigation (besides the avalanche mitigation incorporated into the house
design) will be necessary to divert storm runoff away from the house.
Thank you for the opportunity to review and comment on this project. If you have questions or require
further review, please call me at (303) 384-2643, or e-mail carlson@mines.edu.
Sincerely
Jill Ison, C.E.G.
Engineering Geologist
Ia
Pl-16-0004_1 Pearl Pass LLC Activity Envelope
2:26 PM, 0224/2016
PITKIN COUNTY COMMUNITY DEVELOPMENT
Permit Receipt
RECEIPT NUMBER 00039916
Name: The Myler Law Firm Date:2/24/2016
Project Address: 250 EXPRESS CREEK RD
Type:
Permit Number
0086.2015. PLAN
) 0 f Q
check # 1165
Fee Description
PP- Flat Fee
Total:
Amount
78.00
78.00
THE MYLER LAW FIRM, P.C.
DAVIDJ. MYLER a division of
BALCOMB & GREEN, P.C.
CHER VINCENT, Paralegal 211 MIDLAND AVENuE
SurrE 201
BASALT, COLORADO 81621
February 16, 2016
Suzanne Wolff, Senior Planner
Pitkin County Planning & Zoning
130 S. Galena St.
Aspen, CO 81611
Re: Pearl Pass LLC Activity Envelope Review
(PID #2909-293-00-007; Case # P086-15
Dear Suzanne:
TELEPHONE
(970) 927-0456
FACSO4a.E
(970) 927-0374
EMAILS
dmyleremylerlawpc.com
cvincent@mylerlawpc.com
Enclosed please find our Affidavit of Notice and Mailing in the above -referenced matter
together with a check for an additional $78.00 as requested by Bonnie.
Very truly yours,
THE MYLER LAW FIRM, P.C.
/' xe_
By:
er Incent, Paralegal
/CV
Encls: Affidavit and Check
PITKIN CONTY COMMUNITY DEVELC&ENT
Permit Receipt
RECEIPT NUMBER 00039350
Name: Thomas A Barron Date:11/17/2015
Project Address: 250 EXPRESS CREEK RD
Type: check # 020123
Permit Number Fee Description
0086.2015.PLAN PP- Flat Fee
0086.2015.PLAN PP- Public Notice Fee
Total:
Amount
1.872.00
54.00
1,926.00
PLATS
MAP OF:
PEARL PASS LLC, ELMIRA LODE MS 7664A ACTIVITY ENVELOPE PLAN
SITUATED IN A PORTION OF PB50, TOWNSHIP 11 SOUTH, RANGE 84 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PITKIN, STATE OF COLORADO
SHEET 1 OF 1
THIS ACTIVITY ENVELOPE PLAN REPLACES THE EMIRA LODE 1041 HAZARD REVIEW SITE PLAN RECORDED IN PLAT BOOK 77 AT PAGE 3
Cdw Romps OW Rmps End
0.00
30.00
x.00 00
100
NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL
ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS
AFTER, YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION
BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN'
YEARS FROM THF7 DATE F RT1F1 .ATION CHOWN SON
20
GRAPHIC SCALE
0 50 100 300
(IN FEET)
1 inch =100 R
GRAPHIC SCALE
10 20 40
(IN FEET)
1 inch = 20 R.
SOiZ7W W 148M
SWIZOOOI 748.16
i
400
120
7-7
NOTES
1) DATE OF FIELD WORK: AUGUST, 2014.
2) DATE OF PREPARATION: AUGUST & OCTOBER, 2015. UPDATED WITH SLOPE ANALYSIS DECEMBER 2015. UPDATED
OCTOBER 2016
3) BASIS OF BEARING: A BEARING OF N 01'27'00" E ALONG THE WEST BOUNDARY OF ELMIRA LODE FROM THE SOUTHWEST
CORNER OF SAID LODE TO A POINT ON THE WEST LINE OF SAID LODE BOTH BEING A STONE MONUMENT FOUND AS
SHOWN.
4) BASIS OF ACTIVITY ENVELOPE PLAN: PLAT OF THE CLAIM OF W. P. GREEN ET AL MINERAL SURVEY NO. 7664 A & B
RECORDED WITH THE U.S. SURVEYOR GENERAL'S OFFICE DENVER COLORADO OCTOBER 22,1892, MIDDLETON - ELMIRA
LODE -1041 HAZARD REVIEW SITE PLAN RECORDED DECEMBER 30, 2005 AS RECEPTION NO. 519115, VARIOUS
DOCUMENTS OF RECORD, AND THE FOUND MONUMENTS, AS SHOWN.
5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENGINEERING, LLC (SE) TO DETERMINE OWNERSHIP OR
EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RIGHTS OF WAY AND/OR TITLE OF RECORD,
SE RELIED UPON THE ABOVE SAID ITEMS DESCRIBED IN NOTE 4 NO TITLE COMMITMENT WAS USED.
6) THE CONTOURS SHOWN HEREON, AND THE SLOPE ANALYSIS GENERATED FROM THEM, ARE 2' CONTOUR INTERVALS,
INTERPOLATED FROM 10' CONTOURS, PROVIDED TO SE BY THE PITKIN COUNTY GIS DEPARTMENT; AND ARE BASED ON
THE NATIONAL GEODETIC VERTICAL DATUM OF 1929 (NGVD29).
7) NO BUILDINGS ARE ALLOWED IN THE DEVELOPMENT ENVELOPE.
8) BUILDINGS IN THE EASTERN SIDE OF THE BUILDING ENVELOPE (AREA 50' FROM WESTERLY BOUNDARY OF BUILDING
ENVELOPE), AS SHOWN ON THIS ACTIVITY ENVELOPE PLAN, ARE LIMITED TO A MAXIMUM HEIGHT OF 18 FEET.
9) THE BUILDING AND DEVELOPMENT ENVELOPES ARE LOCATED IN THE BLUE (MODERATE) AVALANCHE HAZARD ZONE AS
MAPPED BY ARTHUR MEARS, P.E., INC. AUGUST 17, 2015 REPORT.
I
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(CONsIS-IrtMH aMI
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SOPRIS ENGINEERING -LLC
CIVIL CONSULTANTS
502 MAIN STREET, SUITE A3
CARBONDALE, COLORADO 81623
(970) 704-0311
'` Ir 7,ACCELPI.D. #2909-293-00-007
Cau0- po86-!S
OWNER'S ACKNOWLEDGEMENT
SCALE: 1"-
PROPERTY
"=
PROPERTY DESCRIPTION
THE ELMIRA LODE MINING CLAIM (U.S. MINERAL SURVEY NO. 7664A)
LOCATED IN THE COLUMBIA MINING DISTRICT AND EMBRACING A
PORTION OF TOWNSHIP 11 SOUTH RANGE 84 WEST OF THE 6TH
PRINCIPAL MERIDIAN, AS PATENTED AND DESCRIBED IN THE UNITED
STATES PATENT RECORDED JANUARY 111952, IN BOOK 175 AT PAGE
574 OF PITKIN COUNTY, STATE OF COLORADO.
COUNTY OF PITKIN
STATE OF COLORADO
i
THE OWNER ACKNOWLEDGES BEING INFORMED BY PITKIN COUNTY OF THE EXISTENCE OF "ENVIRONMENTAL HAZARD AREAS"
THAT MIGHT AFFECT THE PROPERTY, ANY IMPROVEMENTS, AND THE USE THEREOF. THE PROVISIONS OF THE PITKIN COUNTY
REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT THE AREAS OUTSIDE OF DESIGNATED HAZARD AREAS WILL BE
FREE FROM HAZARDS O THAT APPROVED MITIGATION MEASURES WILL GUARANTEE THE SAFETY OF THE PROPERTY.
BY:
—
AS: A OF PEARL PASS LLC
PITKIN COUNTY COMMUNITY DEVELOPMENT DIRECTOR APPROVAL
THIS ACTIVITY ENVELOPE PLAN HAS BEEN REVIEWED AND APPROVED BY THE PITKIN COUNTY COMMUNITY DEVELOPMENT
DIRECTOR SUBJECT TO ADMINISTRATIVE DECISION NUMBER 1"2,01 AND RECORDED AS RECEPTION NO.
THIS ` ® DAY OF ll® 611 .2016.
�•..
CIN HOUBEN, COMMUNITY DEVELOPMENT DIRECTOR "Tv3S A
CLERK & RECORDER ACCEPTANCE -
THIS ACTIVITY ENVELOPE PLAN HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN
COUNTY, COLORADO, THIS 19 DAY OF �- U j (o . 2016, IN PLAT BOOK I I In AT PAGE 2 . AS
RECEPTION NO,
CLERK AND
RECEPTION#: 633911, 11/15/2016 at
12:06:00 PM, 1 OF 1, R $11.00 .Janice K.
Vos Caudill, Pitkin County, CO
PLAT BK 116 PG 48
CL 14161 10/19/2016 M WA0dwp\14161\14161_1CTENV.dw6