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Home My WebLink Aboutpitkin.eh.247320100005 (1981)Document Layout (From Most Recent to Oldest Permit) Permit Application Log Sheet/Notes & Photos Communications. As -built Design Engineer Design Soil Information Water Permit & Information Second System on property . Third System .etc. Floor Plans Please See Building and Land Use Approvals Files for additional information. DWAIN P WATSON, 11:18 AM 11/24/2004, Avalanche Ranch and Diamond Jay Status Page 1 of 2 0 is X -Mailer: Novell GroupWise Internet Agent 6.0.2 Date: Wed, 24 Nov 2004 11:18:24 -0700 From: "DWAIN P WATSON" <dwain.watson@state.co.us> To: <carlab@ci.aspen.co.us> Cc: "Thomas Schaffer" <tom.schaffer@state.co.us> Subject: Avalanche Ranch and Diamond Jay Status X -Spam: (F=0.0129082129; B=0.500(0); HS=0.500(0); 5=0.010; MH=0.500(2004112401); R=0.564 (09631/00612)] X -MAIL -FROM: <dwain.watson@state.co.us> X -SOURCE -IP: [192.70.175.110] X-MailScanner-Information: Please contact the ISP for more information X-MailScanner: Found to be clean CL Avalanche Ranch is out of compliance with state regs now; due to multiple septics and zone of influence and proximity to drinking water wells for a community water system. The present situation cannot continue in its present form. Due to the cumulative effects of all the septics and cumulative flows over 2000 gallons per day on one parcel, any repair or fix will require a state site application and associated discharge permits either to groundwater or surface water. Any attempt to circumvent the state site application process via replatting or other means must first be approved by this office in order to maintain compliance with all state regs. Diamond Jay may be out of compliance with state regs. UMMIAMCOUR Vrffyav&io be performW airnilar to the one done on Avalanche Ranch t ltetenaine number of septics, locations of all septics, setbacks to each other and setbacks to any and all drinking water wells and surface water bodies.. If the survey shows that Diamond Jay's situation is similar to Avalanche Ranch; then any repair or fix will require a state site application and associated discharge permits either to groundwater or surface water. Any attempt to circumvent the state site application process via replatting or other means must first be approved by this office in order to maintain compliance with all state regs. Sincerely, Dwain Watson, District Engineer Water Quality Control Division Colorado Department of Public Health and Environment Grand Junction Regional Office (970)248-7156 Dwain.Watson@state.co.us I of y � Printed for Carla Block <carlab@ci.aspen.co.us> P� MEMORANDUM To: Ezra Louthis, Community Development Department From: Carla Block, Pitkin County Environmental Health Department _ _ kb , �-t n Date: July 13, 2004 Re: Diamond J Special Review Parcel ID # 2473-201-00-005 5 41 SSI ng f fvvvj SUMMARIZE APPLICATION: The applicant is proposing to construct (2) additional resort cabins and modify five (5) existing resort cabins at the Diamond J Guest Ranch. nkaj The Pitkin County Environmental Health Department has reviewed the details of the Diamond J Special Review application under the authority of the Pitkin County Land Use Code and has the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-170 and 3-70-100 The existing well serves a large enough population to be considered a non -community groundwater system. A transient non -community water system shall mean a water system which does not serve 25 or more of the same people for 60 or more days per year. This system must be registered with the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (WQCD). Registration of the system may also include upgrades to the system in order to come into compliance with current Colorado Primary Drinking Water Regulations. The applicant must document to the Environmental Health Department that the well(s) meet required setback distances from the septic system prior to issuance of septic system permits and building permits. Pitkin County Land Use Code requires that the well site be within the building envelope. We recommend low water landscaping (xeriscaping), with the timing of any sprinkler systems decreased for low water plants. Contact the Colorado State University Cooperative Extension office or Denver Water Board for more information on xeriscaping. Condition of approval: The applicant must be registered with the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (WQCD) as a transient non -community groundwater system. The water system must be brought into compliance with applicable state rules and regulations. DPrInM. M'h P." 171 E SEWAGE TREATMENT AND COLLECTION: Sections 2-180 and 3-110-050: According to exhibit H of the application, there are 22 existing buildings which vary in size from 0 bedrooms in the storage buildings, to 1-3 bedrooms in the cabins, to 8 bedrooms and a commercial restaurant in the lodge. Proposed construction would increase the bedroom accommodations on the property. Currently, this department has no record of any individual sewage disposal systems (ISDS) on the property. Existing systems must be located and inspected to assure they are working properly. Any illegal systems must be brought into compliance. For example, metal tanks, cesspools, systems located less than 100 feet from wells or less than 50 feet from streams or running ditches are not allowed. Understanding this property has not been upgraded for many years, this department is willing to work with the applicant in order to prioritize and work under a compliance agreement established by both parties in order to upgrade the systems serving the Ranch. However, if the septic fields do not meet the 'zone of influence' separation, according to the Pitkin County Individual Sewage Disposal System Regulations, 6.28.030, an ISDS with a design capacity greater than or equal to an average daily flow of 2000 gallons per day must be approved and permitted by the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (WQCD). Since potential design flow on this property exceeds 2000 gallons per day, CDPHE WQCD must approve any proposed plans for wastewater treatment on the property prior to issuance of local permits All septic systems installed within Pitkin County require septic permits issued by the Environmental Health Department, and must comply with the County's Individual Sewage Disposal System Regulation. The County cannot issue building permit until a septic system permit has been obtained. The department can evaluate the site and soil tests only between April 15 and Nov. 15. The owner should carefully evaluate this schedule to make sure all steps have been taken to make the permitting process as fast as possible. If the site is in a location where high ground water is possible the engineer must do percolation tests during the time of high runoff in the area of the proposed leach field. The time of high ground water can vary and may be any time, normally during April, May, June. High ground water can occur at a different time each year and is determined by weather conditions that are not predictable. Condition of approval: The applicant should meet with the Environmental Health Department and the CDPHE WQCD to discuss proposed upgrades of systems serving cabins which will be renovated or constructed. Other systems on the property must also be evaluated and the Environmental Health Department and the CDPHE WQCD will work with the applicant to establish a compliance agreement. WATER RESOURCES IMPACTS: Sections 2-140 and 3-70-050 and 3-70-100: The Environmental Health Department's mission includes to preserving and protecting the quality of Pitkin County's water resources. Since a large percentage of the population is dependent upon water from wells, elimination of groundwater pollution, and protection of RiNN m Fn)'Jtd Paper 3 aquifers and their drainage areas are of utmost importance. Roofs and asphalt areas can be non - point sources of water discharge that can contaminate water supplies. This Department recommends that non -point sources of discharge be retained on the property of origin. To accomplish this, the owner can use landscaping, drainage patterns, detention ponds, and/or dry wells for containment of water runoff from buildings. Condition of approval: This application indicates a high density of individual sewage disposal systems on the property. Given a potential design flow on the property of greater than 2000 gallons per day, proposed wastewater treatment on the ranch must be reviewed by the CDPHE WQCD. AIR QUALITY: Sections 2-130 and 3-60-020: This project is expected to generate 10.8 new trips per day with the construction of 2 new 3 bedroom cabins. The Environmental Health Department is working to develop a cash -in -lieu program that would generate funds that would be pooled and earmarked for PM10 mitigation purposes. It is planned that the cash -in -lieu formula will be reasonable, have a rational basis and be uniformly applied throughout the County. Based on the assumption that the program will be instituted, the subdivision agreement could require that each lot owner make a PM10 cash -in -lieu payment to the County prior to issuance of a building permit for their respective residence. Should the program not be instituted, the applicant should cooperate with the Department to determine an alternative, mutually acceptable mitigation proposal. CONDITION OF APPROVAL: The applicant should work with the Environmental Health Department to establish an acceptable PM -10 mitigation plan for the development. FIREPLACE ATTAINMENT AREA: This site may have two devices per building. The owners can install no more than one wood burning fireplace and a second device that can be either a gas log fireplace or a certified woodstove. In addition, the owner can install unlimited numbers of decorative gas appliances. Occupants may not burn coal in any device. The owners cannot install fireplaces or woodstoves in barns or agricultural buildings. Only gas appliances are allowed in non-residential property, except that is the attainment and non -attainment areas: restaurant, skier service, and lodge buildings can have a gas log fireplace and unlimited decorative gas fireplace appliances. FUGITIVE DUST More extensive projects and activities such as this project do require a plan if it will impact adjoining neighbors and/or roads. The measures must prevent windblown dust from blowing off the property or creating a nuisance. This plan must include, but is not limited to; fencing, watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to remove mud carried out by trucks, speed limits, or other measures. The Environmental 1 E Health Department must approve the plan. When the application is turned in for an Earthmoving Permit, the approved Fugitive Dust Plan must be attached. ASBESTOS Commercial - Prior to remodel, expansion or demolition of any public or commercial building, including removal of drywall, carpet, etc., a person licensed by State of Colorado to do asbestos inspections must do an inspection. The Building Department cannot sign any building permits until they get this report. If there is no asbestos, the demolition can proceed. If asbestos is present, a licensed asbestos removal contractor must remove it. NOISE CONDITION OF APPROVAL: Construction work must comply with the Pitkin County Noise Abatement Ordinance. This includes the provision that no construction noise is allowed in residential districts between the hours of 7 pm and 7 am, and no noise is allowed on Sundays and federal holidays. Please refer to Title VIII of the Pitkin County Code, Noise Abatement. m1d W e.r-. J �1-0D—Cx:::oCj— PEN*PITKIN ENVIRONMENTAL HEALTH DEPARTMENT INDIVIDUAL SEWAGE DISPOSAL PERMIT NO. Ot TYPE OF PERMIT: ( )initial Construction ( Irmorgency Use `/ !A Repair Work.(Pievious Permit 1 /� .) f )Alteration of an existing system, or Installation / ^ (Previous Permit I .) ( )Use Permit as a result of Said - ( )Other, ISSUED TO: DATE OF ISSUE Owner Mailing Address Phone Business Phone 9,?% 32? — Agent J-rmptf i -f A1AaoA1EY Phone Mailing Address 53,A AC Sewage Disposal System Work to be performed by /i?/C)e 1v1jqHL1At, This permit valid only for 'r/p promises location by the fol/l'ow'ing legal dcvcriptions ^— ' // LOT SIfE n`_/�t '� MATER SUPPLY ✓1/�� AVERA�tIC PERCOLATION RATE./� '/ ✓f /v ew This Indivldunl Sewage Disposal Permit is granted with regard to the following use, AIAIA/ (� 'Ll—rh2AA e14 496C .. N.Ab of, Dodicoms Lofts _ Garbage Disposals _! Dishwashers_ Clothes Washers CALCULATED AVERAGE DAILY WASTE LOAD i ( � GALLONS. THE NATURE OF THE SYSTEM INCLUDED UNDER THIS PERMIT: Type of Tank or Treatment Units.5ef / (L- r AA6t,5 Tank Capacity Gallon minimum Method of Final D)aposal.I Q a.r�O �EaL'i r11 -C Absorptloo Area Square Feet minimum Description (including brand name, if any) of other equipment or appurtnancces �NC Other Conditions or speoificationn*eL)kA/�) D,o►/,) CF /0 F1" fife OAIO SYSTEM To PFk�HFD (,t/A'TCfQ TJ9aLF fSEldul/�/�/ti1dM�., STAGES REQUIRING INSPECTION BY THE HEALTH DEPARTMENT: { )Before Excavation ( )Upon completion of excavation and prior to placement of graveleAfore covering distribution ystem of absorption field ``•.i ( Prior to Deckflll of any component ( ]Ocher, Specify, - /V �N • Plans and specifications of the proposed sewage disposal system have born reviewed and are considered satisfactory. Permission is hereby granted to thn owner or his agent to per(orm the work indicated above in accordance with the Pitkin County Individual Sewage Disposal Renulatwns in effect on the date of issue. In addition to general provisions set forth on the reverse hereof, this Permit is subject to the following additional terms and conditions, O y ' a APPROVED FOR ISSUE BY /// (title) The above individual scuogo disposal system installed by / (lam /s/,f/I/%D,(/E y I has ba -en In:ipeeted (or vee by a representative of the Aspen pit n Environ nta 11calt?i Ocparunene. The ,,nor eanumoe -11 re::ponsiblltty in case of failure or inadequacy of this sewaago (disposal system. Completo as -built drawing attached. i` DATE �OFFF FINAL INSPECTIOII 'i BY: e; , 1. TITLE yLi lsZ2 130 South Galena Street Aspen, Colorado 81611 303/925-2020 •ASPEN*PITKIN • ENVIRONMENTAL HEALTH DEPARTMENT APPLICATION FOR 2111 I:i IVIDOAL SEWAGE DISPOSAL- PER•1IT Name of OWNER ♦`1 o++tos^eQ A �dvvty in PHONE f27 3 Lz" Address of OWNER 2(.c-cY r. Name of APPLICANT � � PHONE yaz 32-z rEPN1T TO BE: t )Picked Up ' Wltailed tot TYPE OF PEPMtTs ( )New Installation t )Repair ( jOwner ( )kpplScant i )fTaergency Use (K)Alteration NOT dud to faliuio ryA�IO.1 of PROPOS EO SYSTEMt 1'nel Description Z,a.,..e.n.1, •.1 �r.-...at.�'�_ 11'Le •r �ay{.�a_� C0 ib lot _ elock Filing 'Ubdivialon_-W site of Lot i'M OF s'rR:it•TUREt ! )Single Family Deeltieg 1 )ethers L ..A!5e—• Do you plan any further additlons to the — sea Tdence? ( )YES i )NO of 1<dmcns / O No. of Loft _ No. of Garbage Disposals — o _ qa: of Automatic Dishwa.hera So. of A9t^uratic Clothe, washers ) di.TER SL•PPLYs M Private wall. Depth 3da r or ( )Public, name of Systtm Pspr Ln9 .. /Stream or Creek '.s PE3 of INOWTOUAL SENAGE DISPOSAL SYSTEM PROPOSEDI ;Xlseptic Tan:./absorption Field ( )Aoration Plent/Ahsorpdon Field ( )Cm'tpusetn9 Toilet ( Itrrincra tion Toil --t (IMowr1 Potable use ( TRecycllnn, other Use 1 )Vault Privy ( lother. _— the initial site inspection must tae arinngcd vi0 .he nnpev Pitkln'rnvir.:nmantal Nealan oepartRe.jt (123-4C23, 3:10-7.70 e.x.) k-u!o:o a putnit can be issued. The individual sewage disposal permit must Le issued b --fore a uuaidiry per..ic can be uStal.iod. FINAL INSPeL rUN APPROVAL MOST RE GWL-i nY TIE A9PE3/P3Tr:N ENV iRON11:a:TAL JW➢LTH DLPARTM NT PRIOR .Y- DACYFILLING ANT P4MTION OF T4C :.oplltetion fcr an individual sewage diereaal permit is hereby aubnitted. The und•-slgred seknowlednss that the above informatlan is true and that false iniurmatle0 will invalid-•te the application and any ecaseluant permit. Silt+tvtc of Applicant -�L.1 ;. moi- •Y•w nAr� 2 6 :9$ ii (Thi rpplication becn,A,s. invalid 12 months from the 3--'" date.) PLOT PLAN !oust be filed with this application. a•lua Ha locate t).e following items by measured distances: 1. Property lines and din.ensions. 2. Proposed and exisriag waLcr walls on subject treparty and aajdcent propercv. 3. tater ser-ric•z lines. 4, propuan•1 and e- is L:.:y Leii3ings, driveways, aa9 other structures. S. 6'treams, lakes, ponds, irrio.tioa rllcc es, anA •)taer water tr•ur :a5. G. Procoszd and existing individual sewage Eyst-m^ on subjezt rrolsrty. ^ �IBMTT 7. REVISED PLOT PLAN PRT_OR TO CONSTnUCTION IF INSTALLIMO-N, IS `.!O tN CHFNGEI FROM 'jPTGT_NAT_, PLAii. fit, is under e�/dll hereby scknewledgea recv,pt of -this naiv Ldurl n..raga dispa.^.;.1 parmit anyliaaaan .cd a ptralr trn In tho amount of 3 C- Receipt Nmwn"'or E.Qi�2 ne Fes G-cclved �S''a/ �./�-�etr • - .- --•�-------' sGdnlet-ati^n Off Lccr 4 130 South .Galene Street Aspen, Colorado B1B11 303/925-2020 0 GENERA[. PPOVISIUI:S OF M INDIVIDUAL SEWAGE DISPOSAL FLPMIT This Permit must be retained and rade available for inspecLtun at the above location upon request. This Permit shall not be transferred without approval o! the issuing agency. This Permit shall expire 120 days after its issuanca if ct,�tsi'*action has not corunenced and a valid building permit has not beer. obtained. Any change in plans or specifications after the permit hoq been issued inaalldates Lhe permit, unless anp,oval is secured from the Hcalth Officer for such changes. Th Ls Permit is temporary until iival approval 4-s gr3uted by the isQuing agency in writing. Final approval cannot be granted until roastruccio'a, repair and/or operation have ocr•urred in conformity with the -conditions of this permit. :his Permit is valid only for the indl- vi.dual sewage disposal system and/or equipment specif'Lc•_lly 'identified herein. 1efore issaing final approval of this Permit, the issuing rtgency reserves the right rc i,:pose conditional terms and conditions required to mt.et its applicable re;iu.Latious an it _.atiauing basis. Monitoring and testir:5 regcirements may al.ao be imposed. the issaing otficer shall be notified not less than 24 hours prior to barkfilling or closing up the wool: which would prtzvent inspection of components installed in places other•:tse inaccessible following such backfilling or closure. This Permit may be revoked or suspended by the i.atuing agency for reasons ;;et forth in t.lia r>_.ulatious of said agency or of the State Board of ❑eal.th, as acplicablc, including failure to meet any term or condition impose.! thereon during temrorary aprroval or upon final. Each and every condition of thus Permit is a materiil part hereof and i, not: sevLrable. Arty challenge to, or appeal of, a condition hereof shall co•istitn_e a rejection of the ei-cire permit and rpor. such occurrent:. this Permit shall be dearu:u denied ab This Permit -Ls issued and accepted wirh cite understandLng that a fee in Lhe ameuut cf plus_ cents for each mill- traveled by a designated inspector frog. the principal office of the issuing agency to the location ai t:e system and return, -.3v be charged for each of ne. u,)rFi than talo annual • fluent samples ro:tinely collected and tested from subject system as deemed uocessary a•' ttm i�suirn� 12�encv to monitor said. vyat m far coiTilance with the Pro-visicns of Xrticla 10, 1:cle 7.:, C.R.S. 1973, as emLaded, and the rules and regulatic,is w'iich im;icment sni.d Article; and tLat a like fee may be char -ed for each such sampling taken In coniunction with the determination of compliance ..f subject system with a ceace.. and desist crdea issue. pu-%inL to C.R.S. 1973, Sectioa 25-io-107(3)(k). The i'scuance of this Permit does not imply compliance with other state or local regulatory or bailding requirements; nor shalt it: act to c"i-tify t.'tat the subject systew will operate in compliance with apolicab;.e state :iid local ra,holati.ons zslop!.ea pursuant to Article LO of Title 25, C.R.S. 1973, as amended, exea.,t for til.' l:ui;e of establishing final approval of an installed system for isnuancr_ oL� a ictal :"^upancy -erroi.t ptitsuaue to C.P.S. 15,% 25--1[1- 11(?). - •ASPEN*PITKIN • ENVIRONMENTAL HEALTH DEPARTMENT .�:'I'X�1 '... Ci�1CJ lai hi: I'`illi �%�L1lX7il. SL%'1�lGB liLJc C:iP.L• F'L12AiJ `l' .._ •��j'�I �- 27<'.r„r of Q;4Id F, L/•1.��1.��-.:�.,X:t��._- _. _ ..-.__..� ____'--- '?ISGNE � _.._..� ttF:a .,f APTP.TJC 'Qlt )Pi.etatd vp Ne llad CO�i- TY�P OF' PEASITs ( �.Ye•n Imlai?ct 14n '9Q,cReF r•tz - - ”^•••ee ( 1?tiyPl4enn7 l ){:eetyeicy ase l :Alzer•acn 110T Goe to f.tlere ._._.._. __._..—ton/1J��u��_�5::�-d-rs'r /.d�ACLY_A/N�� Sfr..e�-d-�j �ne,E36S�s.d'Gb-867.8 ._.._-•_______, elock__,___� rl arY_•-_-___Scbdivlalao,_,�r�_S:xa 47 1-•t „.._...____[I -C «'RE: ( ISie•el r. Fnmtly O•-••i•tng k0ther, M vov pl!n an/ :.• Cr r.� sc.dlticnk r: 'Cha ea td t:�:e? 1 IvSr• ( i:'.0 .::.. 7..: G.. scrosUo_ ^.f Wtlz ::o, JI fatcage 01eooaa:a _. :N.: __ __... i.•v.ae Roll •w?rh__.L,C�/ - Or, i )'rubtic, Nana of stake, ^.�� __...._.. >u tu.. ?c Cree'• . °•'A :E O I SPJE At, YS T r:_ P&QPOS E01 . X,,: f,'.i/ALso n•xlgn r-.leld ( is ]Len t: At»ta•Ation rilld ( )CovTostinq Toilet ( 174•lrer.,tton Trttet t )fl4bnd •PA^1u use ( IAeo; ciJ n•), Lmev •tat : ltitvlt Ptivy l )U:h^e•_,.-.._.__.__..__�.._. '%tTn tuq AspoplP:tkir L :!ra:z•.c Y.:.1 ❑>:I :h ntpu:renx 075- , 6.10-S )n a.n.) .. .. - Ca iss(.cd. Tr^, loda'sJ.doal aa•.'aga discasal rSr it mutt be !sated be Eco. v •_R .1 Sln; pccc.lt tan hU cbtatnoi. ,lit �i>[S'•'L• •,/ _... .. _nee ce np7 U.c••n eN nY TVP F_i>r.F./Y7TR1N EN:1tt1WMENTAI, IIEALT'1 PTPARTMENT rV,WR TO PLC'ri!.;.LNP Ate! FU:•'.'?::Y d- -__elc—' ix hereb,, onbmittel. The on•_'crrigr.ed Chet tha .,A,e ,pal.czct:r. and any uuaee{ven- Pem t. CAPj / '1_ __- •-� iT. a eppl_catnn b!wa2w. tnv.•1' 1 +^eat:.r Erna The- .tl. vr. dais.! Y?oasP tte `c1'cwing !tr_r..7s .., sc.•_vuu' 1Fsc%..ieass 1. iP::cnerty ti Ttr9 and dimsr,,acns_ - ?^-nes rl .nd ^xi_.3r'q =sells c•n ;cS;oe: prop. ty enP _ a,:jal:c--i: r.rop_r*y. 3. D.lmcstic t-tct scr•ri. Anex_ . Pco;•+^..�a .:nd vx:i:-ti[:q �aA: di::qs, 3rivs..rap3, :.rd ct:ter ' ai:ruct.l.�e 3. 5. .._roams, !.ekes, Foals, zrrigar_ien ditch -s, an,? other •'e ter a;u rses. G. Prcp%.:;ed ane o:ciating .ndiv WQ i. l s,:.ra cs•-vstez•s t n a:!',•j<r_r. fl "d rpacR TO JC'TIIM I1 IN?T W-1'10 t IS TO ov._:•IT i A RF:6 1 �i,D PLQ t t,.a. .. C4LJ.,TF: .,.:i'tLL DE C:;;tXGE'J FROM OP,T_CINAL PLAN. `_r•ebv rna.',r--: r^cr:, • j' i(,/( du..l •a+ge r:.{s:1.G pwgmie a7;lic•-t l.n '..d pa: c n :f.� nx_�... fP}_ + ieCaaa 77w.bpt^�C�li l.,.• L'urn :te Feeaaa•1 .--1-��.��_...�..i �:'•_.� ___._ _. __.__v _.. 130 South- G3alens' Street Aspens Colorado BIGM 303/925-2020 CE`:ERAI, PROVISIONS OF AN LNDLVIDUAt..SE4AGE DISPOSAL PERMIT This Permit must be retained and made av:;ilable for :Inspection st the above location upon request. This Permit shall not be transferred withuuc approval of Che Lssui.ng agency. This Permit shall expire L20 clays after its issuance if anstruct:ion has not commenred and a valid building permit has trot been obtained. Any chance In pians or specification_: after the permit has been issued invalidates the permit, unless ap?rnvRl is secured froto the Health Officer for such charges. This Permit is temporary until final approval is granted by t1in i -,suing agency in w>:iti.ng. Final approval cannot be granted until construc_i-en, repair end/or oreration have occurred In conformi-ty with the condi.t.lor-s of this permit. 'Chis Permit Is valid only for the indi- vidual sewage disposal system and/or equipment specifically d,:ntified herein. Bcfore issuing final approval of this Permit, the _ssving agency reserves the right to impose conditional terms and conditions repaired to m?et- its applicable regulations on a continuing basis. Monitoring; and teei..ing requirement- may also be imposed. The issuir. , officer small be notified not less torn 94 hours prior to bacnf Uling or ciosind up the work which urould p.event inspection u£ components installed in places otherwise inaccessible fo.11uc-ting such backfilling or r.losure, This Permit may be revoked or suspended L -.y the IssuinP ngcncy `or reasons set forth in the re.gulation3 of said agency or of the Scat" Boars oi`,:faalr.h, as applicable, including failure to meet any term or conditina imposed 1hereon dnrin- tampor:i.:y a?proval or upon final appro^ ... Each and e -very condition of this Per. nit is a mate,ial part hereof and is not severable. Any challenge to, or appeal of, a :onditlon iieteof shall consLituLe. a rejection of the entire permit and upon .su_h occurre::ce tits permit shall be .deem'c-d denied ab initio. This Pariah is issued -ad accept_d with the und, rstanlia, that z fee in the amount of S _ plus cents for each mile i.cavele.d by a designated inspector from the gri.ncipal office of the issuing agency to the location of _lie system and return, may be charged for each of no core than two ar:.:uxl eiriier,t sa,„ica routinely collected and te:;ted from sub<,ect system : s decn.ed necessary by the i•:st.1n, agency to monitor said system for compliance with tor.-rc,visians ;;i Article 10, i'iLle 25, C.P.S. 1973, as amended, and the ruiea and rugulatiar.n :rhi.ch imp emeat said Article; one that a like fee may be cl._rted for each such sampli•t: taken in con,;unaic-i :.ith the deter:aination of compliance of subject system with a cease and desist oiler ieoueJ ptu:buz.nt to C.R.S. 197:3, 'cction 25-10-W7 (1) (k) . The iasuaree of this Permit does not i.rpl,y compliaa�:� with ntl..:r state or local regulatory or building requirements, nor a!iall it act to cev,A fy th,nt the subject system will operate in complia.,ce with applicable state and hical regulation:, aicptrd pursuant to Article 10 of Iitle 25, C.R.S. 1973, as mended, ex•:cl.t for the purpose-.; of establishing final approval. of au iantailed system for assn u:c2 cf a local oce.p :cy nermit purouant to C.R.S. 1973, �U PRoPose-l-) a IFYo ' L 34 'L. - �,, ti r fi o � --5 � — :n ,two f . �o PITKIN COUNTY ENVIRONMENTAL HEALTH Field Test Data Sheet on Percolation Test PROPERTY OWNER / PHONE_ MAILING ADDRESS LEGAL DESCRIPTION OF PROPERTY LOCATION OF TEST HOLES Three (3) test holes required per system Test Hole Depths (24" minimum) Diameter of Test Holes Water remaining after 8 hour soak 2-V/ f/ Zg / Z /_ 0 D TEST HOLE No.1 TEST HOLE No. 2 TEST HOLE No. 3 X19 tr DropTime DropTime Drop Time /I, 2644!Nk 246 qa .I b � Percolation Rate Each Hole Average Rate I `1 Mpt Comments on soil or site: 3y'' t49 UJQ,-ta Signature Date 7-29 -81 rO�f OLORADO DEPARTMENT OF HEALTH • DIVISION OF ENGINEERING AND SANITATION ACTIVITY RE PORT Code Section LWAa5 /,�/G/}WlyATe�C,(AACrr7' County 7L —P, V FILE REFERENCE: P IVAf D/9FbS4,(- INDIVIDUAL OR ESTABLISHMENT:/ DAMQA11) J ICAAICH ADDRESS: 2-&&o7 /Kf�illCr�i4nl /\OAD NARRATIVE: DIAMMD T aPT/c SYSTEM C A&du[Ar16?A1S = 20-75' C!ALaNQ L!-2 f) /" Wd4 yD MAicros-r LSA to sAlMEAll f (vim 1 - I '` Z 34.-2) Qatt 2-q @* so c�RISOJICAY ANC S�zE b + t, i t X25) x.25 ABsoRPTioA�%E�eflES 1A= •6 13 a,07s I Mw LETTER TO FOLLOW: ( ) OTHER DATE: ES: 7 (Rev. 6-70-100) �Y62AGEDAIcY�co�y� = Q = 9%S OA�CouS 6- y 3 & -M CAtIF�9�DAY TTNK 17E _ oaf' 1y6w p6sow Aj 1/e�vEs ,4 : r. 5-0 7 20 -310 O -3I0 19ft. REPRESENTATIVE: I /y E %1w OR 0 Jai `AQ 11/2& //p Ido a i 74 e��e cr/4 4-( , e. lu Y 2ad G n U ale y ave��, 17 Cie d- o C, eer�� r �u�-'G7yl.GG 13 0 E •ASPEN®PITKIN ENVIRONMENTAL HEALTH DEPARTMENT MEMORANDUM I TO: Colette Penne, Planning Department IBJ FROM: Bob Nelson, Environmental Health Department% DATE: November 5, 1982 RF.: Diamond J Guest Ranch - Special Review ----------------------------------------------------------- We have evaluated the water supply system and on-site sewage_, disposal systems for the referenced proposal. Our comments and concerns in the January 28, 1981 memo have been fairly well resolved with further inspections of the utilities at the ranch. Water is supplied from a well at a rate of 30 gallons per minute. It meets state health department requirements for bacteriological and chemical quality. ()�Llculating the average, peak day and peak hourly demands by the requirements of the Pitkin County Land Use Code{ the following domestic water needs are required to be supplied: Average day demand . . . . . . . . . 3,700 gallons Peak day demand . . . . . . . . . . 11,100 gallons Maximum hour demand . . . . . . . . 15.5 gallons Der minute The system as installed should deliver this quantity to the pressure storage tanks and, assuming adequate line sizing, (2" or greater) the pressure should be adequate at the cabin taps. The lodge sewage disposal system was upgraded to current county standards in October, 1981 as stated. Elimination of kitchens from the outlying cabins not on the lodge septic system will further improve the wastewater disposal situation, as we expect a lower flow and less organic material being introduced into each of these smaller septic systems. We do not however, have any documentation of the design, construction or adequacy of any of the cabin septic systems. We therefore, recommend that any of the existing systems be evaluated by this department and be replaced where necessary. Specific reasons for replacement would only include obvious evidence of malfunction or the lack of required physical separations as specified in the Pitkin County Individual Sewage Disposal Regulations. 130 South Galena Street Aspen, Colorado 81611 303/925-2020 Page 2 Diamond J November Guest Ranch 5, 1982 We understand that the -new cabin is Eo be located in the area labeled as the "Bench Site" in the December,_1980 application. We anticipate-suitable-soiis of decomposed granite which should accommodate disposal system complying with our'requirements. We would -request that this site be specifically located by a designated building envelope prior to acceptance of final plat. -Other soils and pbtential locations --do not present nearly the 'fa- fable soil and groundwater conditions to build a septic system. Most other possible location could increase the golTution potential of tine sewage=disposal system on ground -and/or surface waters=. -- . r._ Aver -ace de-.ar.' r•nG C..C=G-. GC ass,:.. (1^^^�G.. _ _ as Gni-_G_ C man _ _ _ 1 .. ._..�. an:- any n MEMORANDUM TO: Bob Nelson, EnvironmentalHealthHealth Officer PLANNER:—RitfiaT'Q"Prtc2 6 —r RE: Diamond J Guest Ranch - Special Review DATE: October 25, 1982 Attached please find an application submitted on behalf of the Diamond J Guest Ranch, which is requesting to build a cabin to replace two rooms and several kitchens presently existing in the Main Lodge and smaller cabins. Please have your comments back to Richard at the Planning Office by November 5, as the item is scheduled to go before the County P & Z on November 16. Thanks. ai APPENDIX D PITKIN COTJ14 Y PROJECT NUMBER Section/Parcel W0. LAND USE APPLICATION FORM DATE SUBMITTED TO BE COMPLETED BY APPLICANT: NAME DIAMOND J GUEST RANCH Bill and Martha Sims ADDRESS 26604 Frying Pan Road Meredith, Colorado 81642 PHONE 927-3222 NAME OF PROJECT Diamond J Ranch replacement cabin PROJECT LOCATION: (On attached sheet, locate on zoning map, showing boundaries of any natural hazard and resource areas, any other special regulatory districts, Section 5, Land Use Code; and locate on appropriate CSU/ERA Maps any areas not covered by the above.) TOTAL AREA location of a site for a replacement nahin approximately 1500sq. EXISTING USE(S) unsubdived piece of ranch PROPOSED USES) location of a cabin on the unsubdived piece of land (approximate square footage for each) cabin to be approximately 1500 scr. ft. PRESENT ZONING OF SITE DESCRIPTION OF LAND USE PROPOSAL to he removed from main lodge and several kitchens being removed from existina small cabins. TO BE COMPLETED BY THE PLANNING OFFICE . TYPE OF APPLICATION: REZONING SUBDIVISION P.U.D. EXEMPTION SPECIAL REVIEW 35 -acre + SUBDIVISION BUILDING PERMIT REVIEW REVIEW PHASE: MIE PRE -APPLICATION _ GENERAL SUBMISSION DETAILED SUBMISf ON FINAL PLAT P. C. ACTION BOARD ACTION P.C. ACTION BOARD ACTION BOARD ACTION DATE COMPLETED DATE DATE DATE DATE DATE DIAMOND J GUEST RANCH 26604 Frying Pan Road. Meredith. Colorado 81642 October 12, 1982 Mr. Richard Grice Pitkin County Planning Office City Hall Aspen, Colorado 81612 Dear Mr. Grice, Following our discussion on October 7, 1982 regarding the request by the Diamond J Guest Ranch to build a cabin to replace two rooms and several kitchens presently existing in the Main Lodge and the smaller cabins, I contacted Mr. Bob Nelson regarding the information he needed to be supplied with regarding items 6 and 7 of the Summary of Findings form you provided me. Bob indicated that since the proposed use is not an expansion and since it would make use of the existing water system, that for item 6, Water Supply, our response is that we propose to use the existing water system consisting of a well and a spring that presently serve rest of the buildings on the Ranch. I have supplied him with the necessary information regarding the quanity of water from these sources. We have performed State Water Quality Tests for the past three years, and he has this information for compliance with the quality infor- mation needs of the report. Regarding item 7, Sewage Disposal, the Ranch is on individ- ual septic systems, the newest of which was completed in October of 1981 to design specifications developed by Bob. It is proposed that this cabin would also be on individual septic. The location of the cabin site is -similar to that of the other cabins and should present no problems for a septic system. These were the only two areas of concern that you asked 4thatad e s in making application for Special Review. andley and Martha Sims n • . . DIAMOND J GUEST RANCH 26604 Frying Pan Road Meredith, Colorado 81642 ADJACENT LANDOWNERS: Robert and Jack Behr 310 Chandler Ave. Elmhurst, Ill. 60126 Paul and Dorothy Shaffer 1939 S. Moline Way Aurora, Colorado 80014 Skip Ackerman Box 1568 Meredith, Colorado 81642 Phillip S. Mahoney De Haven Ranch Meredith, Colorado 81642 USFS 620 Main Carbondale, Colorado 8623 Woody Block 765-76 San Antonio Road Palo Alto, Ca. 94303 0 506 ECi at Main Street WILDING PERMIT APPLICATION • Aepen, Colorado 81611 303/9+25-5573 ASPEN ♦ PITK IN REGIONAL BUILDING DEPARTMENT Jurisdiction of Applicant to complete numbered spaces only. rm General Construction Permit 55556 JOB ADDRESS VALIDATION U lU\9 U, (9 PERMIT VALIDATION CK. 60�' M.O. ❑ CASH 01__'PLAN CHECK VALIDATION CK. ❑ M.O. ❑ CASH ❑ LEGAL LOT NO. BLOCK TRACTOR SUBDIVISION (U SEE ATTACHED SHEET) t, DESCR. OWNER MAIL ADDRESS IIP PHONE 2. ice:•!!. •,.I. ,,.: %,'; 1.,- !f i�r - (_' CONTRACTOR MAILADDRESS - PHONE LICENSE NO. 3.. ARCHITECT OR DESIGNER MAIL ADDRESS PHONE LICENSE NO. 4. ENGINEER MAIL ADDRESS PHONE LICENSE NO. 5. _ USE OF BUILDING 6. , :' LI f 11-L, T Class of work: ii NEW O ADDITION o ALTERATION o REPAIR ❑ MOVE WRECK B. Change of use from PLAN CHECK FEE PERMIT FEE TOTAL FEE Change of use to - i '7' Type or Cornruc4on Occupancy Group DlylRon 9. Valuation of work: S jQ, REMARKS: Sheol 9�ngPng (TObI Saua.e FI.1 No or Smnn a=. o<c. Looe - i ! Fi . Zone _ U. Zone Fire Sprinkle6 R.Qulree DYef 0 N NO. of Dwelling un ill OFFSTREiE(T PA RKING SPAC ES: eo.ema uncp.eree Special Approvals REOUIRED AUTHORIZED BY DATE ZONING f % HEALTH DEPT. • /(fr !' PPLICAT PON ACCEPTED PLANSCHECKEU HPPr19 EO FOR MJSVANCE FIRE DEPT. .. \ Bv?ti ROIL 1Y_1BY RpORT DATE DATE DATE PARK DEDICATION F: a r: WATER TAP !>r - NOTICE - .' SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL, PLUMBING, ENG. DEPT. - HEATING, VENTILATING OR AIR CONDITIONING. - THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 120 DAYS, OR IF CONSTRUC OTHER [SPECIFY)- TION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF 120 DAYS AT ANY TIME AFTER WORK IS COMMENCED. 1 HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR"NOT. THE GRANTING OF A PERMIT DOES NOT THIS FORM IS A PERMIT ONLY WHEN VALIDATED PRESUME TO GIVE AUTHORIT"TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCL LAW REGULATING CON5TRµCnDN DR THE PER WORKSTARTED WITHOUTPERM/TWILL BE DOUBLE FEE FORMANCE OF_QONSFRUCTION. " y- f �_ J I SIGFIATV HE OF CNN' RAC' OR OR AVTHORI2ED AGENT (DAVE) �� -q )��a•^P 1. �1 /. SIGNATURE OF OWNER OF OWNER BVILDEHI OAIE VALIDATION U lU\9 U, (9 PERMIT VALIDATION CK. 60�' M.O. ❑ CASH 01__'PLAN CHECK VALIDATION CK. ❑ M.O. ❑ CASH ❑ WHITE- INSPECTOR'S COPY YELLOW -ASSESSOR'S COPY PINK -BUILDING DEPARTMENT FILE GOLD -CUSTOMER'S COPY POLICY OF TITLE INSURANCE ISSUED BY Sim NVIDLITAMINii ` f GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date'of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; 4. Unmarketability of such title; 5. The invalidity or unenforceability of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity or unenforceability, or claim thereof, arises out of the transaction evidenced by the insured Mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Any statutory lien for labor or material which now has gained'or hereafter may gain priority over the lien of the insured mortgage, except any such lien arising from an improvement on the land contracted for and commenced subsequent to Date of Policy not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; or 8. The invalidity or unenforceability of any assignment, shown in Schedule A, of the insured mortgage or the failure of said assignment to vest title to the insured mortgage in the named insured assignee free and clear of all liens. In witness whereof, Stewart Title Guaranty Company has caused this policy to be signed and Sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Sdmtina/ (nnuarr STEtiaRT TITLE GUARANTY COMPANY Chairman of the Board y��i osvoR ?1m. Pres dent 9r.o Countersigned: art 1908o,3a$ s a TfXP. +Od .nvwd' Authorized Countersignature 0 U 002 Paoucy PSerial No. m 7 6 4 7 0 2 C• EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation lincluding but not limited to budding and Zoning ord,rancesl restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimens-ons Or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights o! eminent domain or governmental rights of police power unless notice of the exercise of s.ch ughn appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed Of r;r=ed n by one insured claimant, Ib) not known to the Company and not shown by the public records but known to the insured claimant ei:ner a: Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the mwred mortgage a -d not d•scloud in writing by the insured claimant to the Company prior to the date web insured claimant became an insured hereunder; (e) res:lting ,n no loss or damage to the insured claimant; Jul attaching or created subsequent to Date of Policy (except to the extent insurance is a':ord-d herein a to any statutory hen for labor or material), 4. Unenforceability, of the lien of the insured mortgage because of failure of the insured at Dart of Policy Or of any subsequent owner of the indebtedness to comply with applicable "doing business' laws of the state in which the land is situated. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A. The term "insured" also includes (i) the owner of the indebtedness secured by the insured mortgage and each successor in ownership of such indebtedness (reserving, however, all rights and defenses as to any such successor who acquires the indebtedness by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin or corporate or for fiduciary successors that the Company would have had against the successors transferor), and further includes (ii) any governmental agency or instrumentality which is an insurer or guarantor under an Insurance contract or guaranty insuring or guaranteeing said indebtedness, or any part thereof, whether named as an insured herein or not, and (;ii) the parties designated in paragraph 2(a) of these Conditions and Stipulations. (b) "insured claimant': an insured claiming loss or damage hereunder. (c) "knowledge': actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any public records. (dl "land the land described, specifically or by reference in Schedule A. and improvements affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the Ines of the area specifically described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. , (f) "public records': those records which by law impart constructive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER ACQUISITION OF TITLE (a) This policy shall continue in force as of Date of Policy in favor of an insured who acquires all or any part of the estate or interest in the land described in Schedule A by foreclosure, trustee's sale, coveyance in lieu of foreclosure, or other legal manner which discharges the lien of the insured mortgage, and if the insured is a corporation, its transferee of the estate or interest so acquired, provided the transferee is the parent or wholly owned subsidiary of the insured; and in favor of any governmental agency or instrumentality which acquires all or any part of the estate or interest pursuant to a contract of insurance or guaranty insuring or guaranteeing the indebtedness secured by the insured mortgage; provided that the amount of insurance hereunder after such acquisition, exclusive of costs, attorneys fees and expenses which the Company may become obligated to pay, shall not exceed the least of: Ji) the amount of insurance stated in Schedule A; (ii) the amount of the unpaid principal of the indebtedness as defined in paragraph 8 hereof, plus interest thereon, expenses of foreclosure and amounts advanced to protect the lien of the insured mortgage and secured by said insured mortgage at the time of acquisition of such estate or interest in the land: or liii) the amount paid by any governmental agency or instrumentality, if such agency or instrumentality is the insured claimant, in the acquisition of such estate or interest in satisfaction of its insurance contract or guaranty. (b) The coverage of this policy shall continue in forte as of Date of Policy in favor of an insured su Sorg as such insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from such insured, or so long vs web insured shall have liability by reason of covenants of warranty made by such insured in any transfer or conveyance of such estate or interest; provided, however, this policy shall not continue in force in favor of any purchaser from such insured of either said estate or interest or the indebtedness secured by a purchase money mortgage given to such insured, 3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litigation consisting of actions or proceedings commenced ga;nst such insured, or defenses, restraining orders or injunctions interposed against a foreclosure of the Insured mortgage or a defense interposed against an insured in an action to enforce a contract for a sale of the indebtedness secured by the insured mortgage, or a sale of the estate or interest in said land, to the extent that such litigation ;s fourded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy. (b) The insured shall notify the Company promptly in writing (,I in case any action or proceed,rg is bin or defense of restraining order or injunction is interposed as set forth in (a) above, Iiia in case knowledge shall come to an irwred hereunder of any claim of title or interest which is adverse to the title 'q the estate or interest or the lien of the insured mortgage, as insured, and whidi might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or wierest or the hen of the insured mortgage, as insured, is rejected as unmarketable. If web prompt notice shall not be given to the Company. XFen as to stitch insured all liability of the Company shall cease and terminate in regard to the matter or matters for which such prompt notice is required; provided, however, that failure to notify shall in no case prejudice the rights of any web insured under this policy unless the Company shad be prejudiced by web failure and then only to the extent of web prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or proceeding or to do any other act which in in opinion ray be necessary or desirable to establish the title to the estate or interest or the hen of the insured mortgage, as insured, and the Company may take any appropriate action under the terms of this policy, whether or not ;t shall be liable thereunder, and shall not thereby concede liability or waive any provision of this policy. (dl Whenever the Company shall have brought any action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any web litigation to final determination by a court of curpatem jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (e) In all cases where this policy permits of requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right tow prosecute or provide defense ;n such action or prtmeding, and all appeals therein, and permit the Company to use, at Its option, the name of such insured for such purpose. Whenever requested by the Company, with insured shall give the Company all reasonable aid in any such action or proceeding, in effecting witlement, securing evidence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such ina.red for any expense so incurred. (continued and concluded on last page of this policy) a4 ' CCS/'ddw Order No.: 10931 SCHEDULE A Date of Policy: JULY 19, 1982 AT 4:20 PM Amount of Insurance: $440,000.00 Policy No.:N 764702 Loan No.: 1. Name of Insured DIAMOND J RANCH INVESTMENTS 2. The estate or interest .in the land described in this Schedule and which is encumbered by the insured mortgage is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: DIAMOND J LTD 4. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows: DEED OF TRUST FROM: TO THE PUBLIC TRUSTEE OF: FOR THE USE OF: TO SECURE: DATED: RECORDED: IN BOOK: AT PAGE: AS RECEPTION NO.: DIAMOND J LTD PITKIN COUNTY DIAMOND J RANCH INVESTMENTS $440,000.00 JULY 12, 1982 JULY 19, 1982 429 475 242766 5. The land referred to in this policy is in the State of County of PITKIN , and is described as follows: PLEASE SEE EXHIBIT A i AUTHORIZED COUNTERSIGNATURE COLORADO 98 Paget -Q;'I'ENVART TITLE GUARANTY COMPANY CODE 0022 •ORDER NO. 10931 P0. _CY NUMBERS: 0 357524 S M 76470;1 EXHIBIT A A tract of land situated in the Northeast Quarter of the Northeast Quarter (NEI/4 NEI/4) of Section 20, and in the Northwest Quarter of the Northwest Quarter (Nl,1/4 NI41/4) of Section 21, Township 8 South, Range 83 West of the 6th Piincipal Meridian as shown on survey dated October, 1976, by Joseph K. Ficklin, Jr., Colorado R.L.S. 15274, being more particularly described as follows: Beginning at the corner common to Section 17,18,19 and 20 in said township and range, thence East 3936.32 feet; thence South 00 07143" Eagt 460.80 feet to the TRUE POI_NT OF BERINNING: thence East 159.67 feet; thence North 10 11'00" East 65.05 feet; thence South 84 11100" East 124.66 feet; thence North 174.00 feet to a point on the southerly edge of the Frying Pan River; thence the folloging bearings and distances along said s8utherly edge of the Frying Paq River; North 43 41106" East 12.02 feet;othence North 71 04123" East 72.91 feet; thgnce South 51 02'48" East 110.42 feet; thgnce South 80 43143" East 197.88 feet; t�ience South 46 48137" East 196.52 feet; thence South 76 50151" East 86.18 feet; thence North 86 45118" East 46.82 feet; thence North 80 49104" East 134.23 feet; thence South 78039'09" East 11.99 feet; thgnce South 82 52'00" East 119.42 feet; thgnce South 70 00103" East 112.83 feet; thgnce South 57 45117" East 202.67 feet; ;hence South 47 58140" East 111.07 feet; bhence South 50 56'17" East 102.59 feet; thgnce South 49 18'35" East 155.16 feet; thgnce South 30 52'08" East 103.51 feet; thgnce South 04 48131" East 181.92 feet; thgnce South 89 47'21" West 230.92 feet; thegce South 89 47'08" West 288.82 feet; bhence North 89 29'54" West 1308.89 feet; ..thence North 00 07'46" West 234.32 feet; thence North 00 07'43" West 412.82 feet to the TRUE POINT OF BEGINNING. EXCEPTING therefrom that tract of land described in Deed recorded December 11, 1969 in Book 244 at page 959 as Reception No. 138279. County of Pitkin, State of Colorado. 22 • `• SCHEDULE B `• PART I ORDER NO. 10931 Policy No.: M 764702 This policy does not insure against loss or damage by reason of the follo:iing: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims or easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and v.hich are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material theretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Any and all unpaid taxes and assessments. 6• Any vested and accrued water right for mining, agricultural, manufacturing or other purposes, and rights to ditches and reservoirs used in connection with such water rights, and also, subject to the right of the proprietor of a vein or lode to extract and remove his ore therefrom, should the same be found to penetrate or intersect the premises, as reserved in United States Patent recorded October 5, 1928 in Book 55 at Page 590 as Reception No. 84652. 7. Affidavit recorded March 13, 1959 in Book 187 at Page 81 as Reception No. 107771. 8. Easement and Right of Way as conveyed in instrument recorded December 11, 19694n Book 244 at Page 959 as Reception No. 138279. 9• Right of way for the uninterrupted flow of the Frying Pan River. 10. A Deed of Trust dated April 2, 1979 executed by Norris E. Massey, James H. Ward, Phillip S. Mahoney 6 Stacy Standley, to the Public Trustee of Pitkin County, to secure an indebtedness of $257,000.00 in favor of Bruce R. Riley, recorded April 3, 1979 in Book 365 at Page 868 as Reception No. 213163. 11. Reservation of Life Estate, including the terms and provisions thereof, as set forth in Deed recorded July 19, 1982 in Book 429 at Page 470 as Reception No. 242765. 12. Easements and restrictions as shown on Plat of Diamond J Ranch recorded July 14, 1982 in Plat Book 13 at Page 71 as Reception No. 242654. Exceptions Numbered are hereby omitted. 3v Page SFr EA ,1,11T TITLE 1623 GUARANTY COMPANY cr r „ A CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) 9. NOTICE OF LOSS— LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shah be furnished to the Company within 90 days after such loss or damage shall have been determined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage. 5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to pay or otherwise settle for or in the name of an insured claimant any claim insured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys fees and expenses incurred up to the time of such payment or tender of payment by the insured claimant and authorized by the Company. In case loss or damage is claimed under this policy by an inwred, the Company shall have the further option to purchase such indebtedness for the amount owing thereon together with all costs, attorney's fees and expenses which the Company is obligated hereunder to pay. If the Company offers to purchase said indebtedness as herein provided, the owner of Such indebtedness shall transfer and assign said indebtedness and the mortgage and any collateral securing the Same to the Company upon payment therefor as herein provided. 6. DETERMINATION AND PAYMENT OF LOSS (a) The liability of the Company under this policy shall in no case exceed the least of; (i) the actual loss of the insured claimant; or (ii) the amount of insurance stated in Schedule A. or, if applicable, the amount of insurance as defined in paragraph 2(a) hereof, or (iii) the amount of the indebtedness secured by the inwred mortgage as determined under paragraph B hereof, at the time the Ion or damage insured against hereunder-,gccurs, together with interest thereon; or - - (b) The Company will pay, in addition to any loss insured against by this policy, all costs imposed upon an inwred in litigation carried on by the Company for such insured, and all costs, attorneys fees and expenses in litigation carried on by such inwred with the written authorization of the Company. (c) When liability has been definitely fixed in accorance with the conditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received notice of an alleged defect, lien or encumbrance inwred against hereunder, by litigation or otherwise, removes such defect, lien or encumbrance or establishes the title, or the lien of the inwred mortgage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title or to the lien of the insured mortgage, as inwred, as provided in paragraph 3 hereof; or (c) for liability voluntarily assumed by an insured in settling any claim or wit without prior written consent of the Company. B. REDUCTION OF LIABILITY fall All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of she insurance pro tanto; provided, however, such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2(a) of these Conditions and Stipulations, shall not reduce pro tanto the amount of the insurance afforded hereunder except to the extent that such payments reduce the amount of the indebtedness secured by the insured mortgage. Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company except as provided in paragraph 21a) hereof. Valid Only If Schedules A and B Are Attached. 31 Ib) The liability of the Company shall not be increased by additional principal indebtedness created subsequent to Date of Policy, except as to amounts advanced to protect the lien of the inwred mortgage and secured thereby. No Payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed. in which case proof of such loss or destruction shall be furnished to the Satisfaction of the Company. 9. LIABILITY NONCUMULATIVE If the insured acquires title to the estate or interest in satisfaction of the indebtedness secured by the insured mortgage, or any part thereof, it is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shad be deemed a payment under this policy. 10. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under This policy, all right of subrogation shall vest in the Company unaffected by any act of the inwred claimant, except that the owner of the indebtedness secured by the inwred mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior Its receipt by the insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the insured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary.m order to perfect such right of subrogation and shall permit the Company to use the name of Such insured claimant in any transaction or litigation imoiving Such rights or 'remedies. If the payment does not cover the loss of Suds insured claimant. the Company shall ba subrogated to such rights and rem Woes in the proportion which sa-d payment bears to the amount of Said lou, but such subrogation shall be in subordination to the inwred mortgage. If toss of priority should result from any act of such inwred claimant, Such act shall not void this Policy, but the Company, in that event, shall be required to pay only that par, of any losses inwred against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. 11. LIABILITY LIMITED TO THISPOLICY This instrument together with all endorsements and other Instruments, If any, attached hereto by the Company is the entire policy and contract between the inwred and the Company. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the lien of the inwred morgage or of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy. No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 12 NOTICES, WHERE SENT All notices required to be given the Company and any statement In writing required to be furnished the Company shall be addressed to it at P.O. Box 2029, Houston, Texas 77001, and identify this policy by its printed POLICY SERIAL NUMBER which appears on the bottom of the front of the first page of this policy. The use of AIR MAIL for these notices and statements will expedite and aid proper handling of claims hereunder. 13. The premium specified in Schedule A is the entire charge for acceptance of risk. It includes charges for title search and examination if same is customary or required to be shown in the state in which the policy is issued. STEAVART TITLE ORARA]TT CORPARY sa IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. ;•7-3736 IN THE ;BATTER OF THE APPLICATION) POR WATER RIGHTS OF ) BRUCE R. RILEY ) RULING 0? REFEREE IN THE PRYING PAN RIVER ) IN PITKIN COUNTY. ) 0 FILED IN NVATER COURT Divisiiu No. 5 JAN 311979 TE10F COLORADO ' _ _ _ A N CLERK The above entitled application was filed on April 28, 1978, was amended on September 12, 1978, and was referrer to the undersigned as Water Referee for Water Division No. 5, State of Colorado, by the Water Judge of said Court on the 11th day of !-ay, 1978, and again, after amendment, on October 20, 1978, in accordance with Article 92 of Chapter 37, Colorado Revised Statutes 1973, knoi•.n as the Water Rights Determination and Administration Act of 1969. And the undersigned Referee having made such investigations as are necessary to determine whether or not the statements in the amended application are true and having become fully advised with respect to the subject matter of the amended application does hereby make the following determination and ruling as the Referee in this matter•,to-,.%:it:l 1. The statements in the amended application are true. 2. The name of the structure is Riley Ranch WL11 . 3. The name of the claimant and address is Bruce R. R1 -ley: 26604 Frying Pan Road; Meredith, Colorado. 4. The source of the water is a well havin.; a depth of 290 feet and being tributary to the Frying Panver. /390 AEA 5. The well is located in the SE VJ-NE1/4 oT Section 20, T. 8 S., R. 83 W. of the 6th P.M. at a point 4,�-,^feet South of the North line and 905 feet West of the East line of said Section 20. 6. The use of the water is household, domestic, livestock- water and commercial. 7. The date of initiation of appropriation is October 10, 1977. 8. The amount of water claimed is 0.006 cubic foot of tirater p_ second of time, absolute. 9. On November 8, 1977, Permit No. 22899-F was issued -by the Office of the State Engineer subject to the following "condi- tions of approval": 0 -I- W-3736 This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude anotY.er owner of a vested water right from seeking relief in a civil court action.i 1) A decree for this appropriation must be obtained from the District Court in and for '.-rater Div. No. 5, State of Colorado, prior to the use of this well. This approval is subject to the terms of said decree. 2) A lithologic to of this well shall be prepared by either a competent water well contractor or a qualified geologist. 3) The pumping rate of this well shall be limited to 30 gpm or the actual yield of the aquifer, whichever is less. 4) Totalizing flow meter mustbe installed on the well discharge u*&17 the water is put to beneficial use. Diversion records shall be submitted upon request, to the Division of Water Resources. 10. The well was completed and the water first applied to the above beneficial use on October 10, 1977. The Referee does therefore conclude that the above entitled application should be ;ranted and that 0.066 cubic foot of water per second of time is hereby awarded to the Riley Ranch Well, for household, domestic, livestock water and commercial uses, with appropration date of the 10th day of October, 1977, absolute and unconditionally; subject, however, to all earlier priority rights of others and to the integration and tabulation by the Division Engineer of such priorities and changes of rights in accordance with law. It is accordingly ORDERED that this ruling shall be filed with the Water Clerk and shall become effective upon such filing, subject to Judicial review pursuant to Section 37-92-304, C.R.S. 1973. It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Engineer. Done at the City of Glenwood Springs, Colorado, this 3 *fday of January, 1979. BY THE REFEREE: ho protest ras filed in this natter flat Referee The foregoing ruling is confirmed W at r Division No. 5 and approved, and is made the Judgment and Decree of this court. State of Colorado ✓� /ff�/p7f 01,4' cI A,_f Ccv cv}ynff�nccd to 14(#� "kcl Dnted: Plater Judge 33 3y EXHIBIT "A" tzn335 P.%,M5 A tract of .land situated in the Northeast Quarter of the North- east Quarter (NE; NE;) of Section 20, an -3 in. the Northwest Quarter of the Northwest Quarter (N144 NW;) of Section 21, Tuwnshi.p 8 South, Range 83 West of the 6th Principal Ideridian as shown on survey dated October, 1976, by Joseph K. Ficklin, Jr., Colorado R.L.S. 4W5274, being more particularly described as follows: Beginning at the corner common to Sections 17, .18, 1.9 and 20 in said township and range, thence East 3936.32 feet; thence South 00007'43" East 460.80 feet to the TRUE POINT OF BEGINNING: thence Fast 159.67 feet; thence North 10°11'00" East 65.05 feet; thence South 84°11'00" Fast 124.66 feet; thence North 174.00 feet- to a point on the southerly edge of the Frying Pan River; thence the following bearings and distances along said southerly edge of the Frying Pan River; North 43'41'06" East 12.02 feet; thence North 71004'23" East 72.91 feet; thence South 51002'48" East 110.42 feet; thence South 80043'43" East 197.88 feet; thence South 46'48'37" . East 196.52 feet; thence South 76'50'51" East 86.18. feet; thence North 86045118" East 46.82 feet; thence North 80049'04" East 134.23 feet; thence South 78039'09" East 11.99 feet; thence South 82052'00" East 119.42 feet; thence South 70000'03" East 112.83 feet; thence South 57'45'17" East 202.67 feet; thence South 47058'40" East 111.07 feet; thence South 50'56117" East 102.59 feet; thence South 49'18'3 Fast 155.16 feet; thence South 30'52'08" East 103.51 feet; thence South 04'48'31" East 181.92 feet; thence South 89047121" West 230.92 feet; thence South 89'47'08" West 288.82 feet; thence North 89'29'54' West 1308.89 feet; thence North 00'07'46" gest 234.32 feet; thence North 00'07'43" :Pest 412.82 feet to the TRUE POINT OF BEGINNING. EkCLPTING therefrom that tract of land described in Book 244 at page 959. and the easements, rights-of-way and privileges des- cribed therein. County of Pitkin, State of Colorado. TOGETHER WITH all ditch and water rights, wells, well permits and water storage rights appurtenant to the afore :.:entioned parcel or used in connection therewith, together with all structures and facilities used in connection therewith, including without li�r,i- tation:'<she 'Bpwles Pipeline and Ditch decreed for 1.72 cfs in Civil Action No. 3082 on October 26, 1936 in the Garfield County District Court; well permit No. 22899-F; and the underground water right in Case No. W- 3736 _ (Eater Division. mo. 5) . Re ceptike { •`Z_ � -- --- _ -_-- ,os )l- i f,;'vim I r1mSDEED, hladethis 2nd dnyof April •1579 �� ,-1A1f D between IIRUCE R. RILEY ofthe Countyof Pitkin and state of - Culorado,ofthefirstpart•and pJORRIS E. 1•IASSEY, Jh`IES ll. l:,liti), i'i!11.LIP S. KAHONEY b STACY STANDLEY whosclegaluddressis 26604 Frying Pan Road, Meredith, Colorado 81642 of the County of Pitkin r.nd ..tate or Colorado, ofthe second part, WITNESSETII, That the said part y of the first part, for and in cmuide: anon of the sum of Ten Dollars and other ood and 1mble co sideration SICfiC!31GY to tlw said party of the first pnr� In hand petit by the stud psi jeS of the second Part, lhr receipt whereof is hereby confessed and acknowledged, has remised, releused, sold. conveyed and QUIT CLAI\IED, and by these presentsdo es remise, release, sell, convey and QUITCLAIMUnt(o thesoud part l.e,Sd thvsevond pat t,I. Fiei theirs, successors and assigns, forever, all the right, title, interest,chtim and d••mand 111 a the sai•I part! of the. first part I'll S In And to the followingdescribed L7kN OtDOH:(A1:4.FS!!I'A)P1l':t'Y. S.'k}% xX.-.`.r:tzac:o:zX.\-.;XXX:: r.�XX%Y. X,\tiftaAk7t d(XXXXXXXXXXXXXxi)nA"&cax)o2fcmbo) XtoXtoxisi= real property situate, lying and being in the County of Pitkin and State of Colorado, as described on Exhibit It 4A11 attached hereto and incorporated herein by reference. �1�:t11,xrx!�;rxkxxkrsr�stxlxx TO HAVE AND TO ]TOLD the same, together with all and singular the *appurtenances anti privileges thereunto belonging or in nnywise thereunto appertaining, And all the estate, right, title, interest and claim wh:dsoever, of the said party of the first part, either In law or equity, to the only proper use, benefit and behoof of the said parties of the second part( heirheirs and assigns forever. IN WITNESS WHEREOF, The said party of the first part ha s hereunto set his hand and seal the day And year first above written. r , l cruce _Id- �r- P.. Riley`(St:ALI Signed, Scaled and Uolivere� in the Prceenco of1 STATE OF COLORADO, es. Countyof GARFIELD The foregoing Instrument was Acknowledged before me this 1979 ,by' Bruce R. Riley •. day of =1+__ ,10 X-7. Witness my hand and official seal. J.f.jr.),. OJ,. L( [SEA[.] ICn,97J, rtlllTCl..11al aKt:n.—.Ceprrlrht �t'Jla arpdferd f��Ali•bm[Cw,IxYl-N Vont Su..l. ll.n. :,rluL..l•lia $gill'-.+?Y--_-.-�.---_----' r ION 71 pq NE 1/4COR.—STONE 16 -- 21 2624.21 I' ,il RILEY PROP. 2705 ACRES N - N O i0 Oi o OLn 0� 3 0 : r� N.89003'24"W. SEC.20 N.89o03'24"W 2590.58 1 2611.50_ r S%o 9 ,STONE — -- — — — J SCALE— I"=1000 1 I i z id \_ �__� � SIF _i__ Jp1i�s � a � � �� _ '\ �I �� /�, •' / �. � ,k iluekaiaaxapo a A,.an f/:- $ J - \ eek _ C / \ i / I i100 ENVIRONMENTAL HEALTH OM PARTMMENT MEMORANDUM T0: Richard Grice, Planning Office FROM: Bob Nelson, Environmental Health Department DATE: January 28, 1981 RE: Diamond J. Ranch Subdivision Exemption and Special Review This office has completed a preliminary review of the referenced proposal with 'regard to water supply, sewage disposal, and other environmental impacts within our jurisdiction under the Pitkin County Land Use Code. Unfortunately, we have been unable to perform a complete site inspection to date, although we are generally familiar with the property and facilities. We offer the following comments as prefacing remarks pending a more thorough investigation and additional information which should be submitted by the applicant. There is conflicting information in the water supply, however, the most important.information as to quantity is missing from the submittal. There should.be at a minimum, proof of water rights (Section 2.O5.1(d)(1)) and yields from the existing spring and/or well. In addition, with each of the new sites an individual well is proposed. However, there has been no report from a qualified groundwater geologist submitted as required by Section 5-205.2(d) of the Pitkin County Land Use Code. We have been under the impression that the water supply for this whole development was the well located behind the Lodge building. The owners have submitted monthly bacteriological water samples (we assume from the well) for the period of June through October 1980 and the results of these five samples were in compliance with State standards. In addition, the nitrate sample showed an insignificant concentration (0.5 mg/1) which also conform to standard. We cannot reach any further conclusions as to the adequacy of the water supply, but, due to the nature of the development it seems that Section 5.205.1 (d) and (e) of the Pitkin County Land Use Code dictates the foll- owing minimum criteria and capabilities be provided for the water supply system: 1. Sufficient supply for average in-house demand: a. 2100 gallons/day for the seven existing cabins; 1600 .gallons/day for the Lodge and Employee Units; 2100+ gallons/day for the seven future building site locations (assuming these are tied to the central system and are two or less bedrooms); 5800 TOTAL GALLONS/DAY. or b. 3700 TOTAL GALLONS/DAY for the average in-house demand for the existing cabins and Lodge and seven.private wells yielding 8-10 gallons per minute. 3S' 130 South Galena Street Aspen, Colorado 81619 303/925-20?0 Diamond J. Ranch • • PP,GE TWO 2. Proper sanitary construction and disinfection of the central water system. 3. A minimum main size of six inches. 4. An engineering design to provide the hydraulic sizing and storage to meet peak demands and fire protection. 5. Domestic storage capacity should be a minimum of 11,200 gallons for the existing facilities with seven cabins and the Lodge, and 17,400 gallons for the Lodge and fourteen cabins. Fire protection storage is additional but may be waived by the Fire Protection District if the Planning Office feels that the ponds offer an alternate stored supply. It is unclear from the applicant's submittal what the existing facilities for sewage disposal are, and other than a rough idea of the Lodge septic system we have no:documentation of the design, construction, or adequacy of the sewage facilities for the seven cabins which are to remain. Further, we suspect that there may be less than adequate physical separations between water supply lines and sewage system components which could present a cross -contamination potential. The sewage systems for each of the four cabins with bathrooms (Valley View, Hermitage, Columbine, and Pine Lodge) should be evaluated with regard to construction and size and brought to current codes if found to be inadequate. New sewage disposal systems should be constructed for McGee, Red Mountain, and Big House, if the wash house is eliminated and the applicants wish to remodel. The proposed sites offer a variety of.possible problems in regard to the construction of individual sewage disposal systems. The decomposed. granite soils should offer suitable percolation rates. The Bench site, Stacy's site, and probably the East River site are adaptable to conventional septic tank -absorption systems. The West River, Fish Pond, and Spring Pond sites cannot meet the codes for the construction of sewage disposal systems as proposed. These sites are severely restricted by the fifty foot setback from ponds and water courses and could be further restricted by groundwater problems. We suggest that the manmade ponds be filled or the sites relocated. The Beaver Pond Site, while perhaps requiring an engineered sewage disposal system to mitigate possible groundwater -problems, could with proper design be an acceptable building site. cc: Diamond J Ranch Ashley Anderson, Attorney 39 Aspen/Pitkin Planning Office 130 south galena street aspen, colorad 81611 ti _ - Bob Llelson, Environmental Health Office V Division of hater Resources Pat Dobie, County Engineer Holy Cross Electric Association Jim Hamilton, County Housing Director Colorado Geologic Survey Sandy Stuller, County Attorney Fryingpan Homeowners Association Richard Grice, Planning Office Ranch Subdivision Exemption and Special Review December 30, The attached application requests exemption from the subdivision regulations of Pitkin County and special review approval for the relocation of several buildings on the Diamond J. Ranch property. This submission is scheduled for review by the Pitkin County Planning and Zoning Commission on February 4, 1981; therefore, please return your comments to me by January 20,.1980. Thank you. Planning and Zoning Commission Pitkin County Courthouse 506 E. Main Aspen, Colorado 81611 Dear Members: This is a two part application by the owners of the DIAMOND J. RANCH, Morris E. Massey, James H. T]ard, Philip S. Mahoney and Stacy Standley. The first part of the application is a request for the exemption from subdivision pursuant to Section 4-2.2 (6) of the Pitkin County Land Use Code. That section states as follows: "If the subdivision is for the purpose of subdividing fully developed lands under existing zoning or zoning in effect when the development occurred (even though resulting lots and uses be not conforming) if the development was done in conformance with the law at the time and not done (without subdivision approval) to avoid subdivision (or other land uses) regulations." The DIAMOND J. RANCH is presently a guest ranch consisting of approximately 27 acres and is zoned R-30. It is presently built out under existing zoning and the applicants in this application are requesting the ability to condominiumize 15 of the existing buildings on the site pursuant to the above referenced section. The second part of the application is for special review approval to move 7 of the 15 buildings to different sites. The impacts of those moves and of those sites are discussed in more detail below. The following information is submitted pursuant to the "Land Use Application Form" as discussed with the planning office in the initial conference. NAME: DIAMOND J. RANCH ADDRESS: 26604 Frying Pan Road Meredith, Colorado 81642 PHONE: 927-3222 NAME OF PROJECT: DIAMOND J. Exemption PROJECT LOCATION: Near Meredith, Colorado - see attached maps 14/ M _ 1, • "-1' —, • a TOTAL AREA: Approximately 28.05 acres EXISTING USE: Guest lodge and cabins - used year around PROPOSED USE: No Change PRESENT ZONING OF SITE: R-30 DESCRIPTION OF LAND USE PROPOSAL: Exemption from subdivision for condominiumization of existing buildings and special review approval to move certain of those buildings. SCENIC QUALITY: The first portion of the application, that is the exemption for purposes of condominiumization, will have no effect on scenic quality. The mere condominiumization of the buildings will not cause them to be moved on site nor will it cause any more buildings to be built. The second portion, that is the movement of the buildings will have some scenic impact as is discussed below. As is detailed on the maps attached hereto there will be 7 new building sites and as is set forth on the map certain of the existing cabins will be removed to those sites. What follows is a discussion of the scenic quality with respect to each of the new sites. First: The Bench site is a site which as can be seen from the map overlooks the remainder of the property. It is separated from both the highway and all the sites by large trees but there is more than enough space on or near that site to construct a foundation and move the appropriate cabin without cutting trees. Secondly: The East River site is adjacent to the river and as can be seen from the map below the Bench site. Again it cannot be seen from the road as several large pine trees separate it from the road and from other sites. As with the Bench site a foundation can be constructed and the appropriate cabin moved with no disturbance of underbrush or cutting of trees whatsoever. Thirdly: The Beaver Pond site is much like. the East River site. It is adjacent to the Frying Pan River and cannot be seen from either the road or the other side. Once again, the cabin can be moved with no disturbance of underbrush or trees. - 2 - • 1. g1 Fourthly: The Spring site while not adjacent to the river is on the same level as the East River and Beaver Pond sites. Again a cabin can be easily moved with no disturbance of the underbrush or the large trees. Fifthly: The Fish Pond site is a bit more open than the sites discussed above and can be seen from the road. However, the Fish Pond site provides a beautiful view for the owner of the cabin and the cabin can be moved with no disturbance of trees. Sixthly: The West River site is basically the same as the Fish Pond site with respect to its view and whether or not it can be seen. The seventh site which will belong to Stacy Standley is set far back from the road and as can be seen from the map is, as is the Bench site, located at a higher elevation than the other sites. This site affords a beautiful view and a cabin can be placed on the site with absolutely no disturbance of underbrush or trees. WATER SUPPLY: The water supply for the main lodge and for the cabins as they are in place is a large spring located on the property. The condominiumization of the buildings in place will have no effect on this water system. (2) The new sites discussed above will all have wells and these wells will be augmented by the spring discucced above. SEWAGE DISPOSAL: The site and all the buildings are presently serviced by a private septic system consisting of a leech field. The condominium- ization of the buildings in place once again will have no effect on that system. All sites to which the buildings will be moved will have their own separate septic system with leech fields. There appears to be, subject to the approval of the county sanitarium, more than enough space and the proper soil for these leech fields. ROADS AND TRAILS: The present roads on the property are shown on the maps attached hereto. All the cabins which will -be remaining in place, that is the sites which have the dotted legends can be serviced by these roads with small additions to certain of the cabins. It is not the intent of the applicant either to pave or chip and seal any of these roads but to rather leave the property in its rustic condition and therefore only the slightest additions will be made. - 3 - u3 The other sites to which the cabins will be moved also are all serviced by an old mining road which is not shown on the map. With a small amount of clearing, and again the applicant wants to emphasize that the condition of the property will change very little because of this, all of the sites can be reached by this mining road. ION OF UTILITIES, WATER AND SEWER: As mentioned, the water and sewer will not be municipal but rather will be individual wells and septic systems. The site is presently serviced by electricity which presently serves the main lodge. The individual cabins will have electricity if each individual owner after sale desires such. Holy Cross has indicated that service can be provided. There is presently one telephone on the site and that also is in the main lodge and as with the electricity whether or not each cabin has a phone will be up to the individual owner. Mountain Bell has indicated that service can be provided. CONTRIBUTION TO HOUSING STOCK: With respect to the requirements set forth in 5-300 the applicant submits that since this is merely the condominiumization of existing buildings it is not as such a develop- ment and therefore is not covered by 5-300. Nevertheless, the appli- cants have for as long as they have owned the property housed all their employees on site and plan to continue to do so. Any sort of restriction based on this approval to guarantee that the employees will be housed on site will be satisfactory to the applicants. The applicants hereby submit that the above application meets with the requirements of the code and therefore requests exemption from subdivision for the condominiumization of the existing buildings and special review approval to move the buildings dileneated on the map. q q / 1fh/�L Ashley Anderson for DIAMOND J. RANCH ADJACENT PROPERTY OWNERS MASON Behr Robert and Jack 4646 No. Cumberland Ave. Chicago, Illinois 60656 WOODS Oliver and Maxine Woods Box 456 Garrison, Colorado 81230 HOWE William and Robert 3331 W. 95th Ave. Westminster, Colorado ArKRRMAN Arthur Box 1568 Meredith, Colorado 81642 WHITE William Box 1505 Meredith, Colorado F l '•_.1. F