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HomeMy WebLinkAboutpitkin.eh.264310300017 (2008) (Historic House and Cabin)� � iTxiN Cou Permit #: 08021 Permit Issued: Owner(s): Property Address: Legal Description: Size of Lot: Size of Buildinq: 7NSITE WASTEWATER TF NT SYSTEM (OWTS) CONSTRUCTION PERMIT 0405 Castle Creek Road, Suite 10 - Aspen, CO • 81611 Phone: 970.920.5070 Fax: 970.920.5077 ❑ NEW ❑ REPAIR ❑ AMENDMENT 1954 Colorado Investment Co. 10 Little Woody Creek Rd 12.5 acres Sq. Ft. Sq. Ft. Parcel ID #: 2643-103-00-017 ❑ REMODEL/ADDITION E TANK ONLY ❑ FIELD ONLY Historic Cabin & Historic Ranch Manager's House Detached Accessory Unit: Size of Accessory Unit: _ each < 6000 Sq. Ft. Tank is design as a replacement to serve the1 bedroom in the Historic Cabin and the 3 bedrooms in the Historic Ranch Manager's House for a total of 4 bedrooms. Designed By: All Service Septic Project #: 1398 Dated: Phone #: 970-618-5033 Mailing Address: PO Box 2844 Glenwood Spgs, CO 81602 Fax #: 303-216-2796 Perc Rate: Profile Hole Depth: AAinimum Tank CaDaCItV: 1,250 gallons Email Address: tpetz@comcast.net Depth to Groundwater or Bedrock: Minimum Absorption Area: existing Permit Conditions: This OWTS Construction Permit is approved on the condition of compliance with the engineer design as submitted with the application and the specifications cited above. Any changes must be approved by this Department and the design engineer prior to construction. This Permit must be kept on-site during installation. The engineer must do a final inspection of the installation and submit an "as -built" letter to this Department. This Department must also be called for the final inspection with a minimum of 48 hours notice. Minimum horizontal distances between components of the system and physical features shall conform to the requirements of the Pitkin County OWTS Regulation. This permit is conditioned upon the property owner(s) providing for the regular inspection, cleaning, and maintenance of the system by qualified personnel, in accordance with the manufacturer's recommendations and the requirements of the Pitkin County OWTS Regulation. This is a TANK Only permit to replace an existing metal tank which must be properly abandoned. A 1,250 gallon two-compartmnet concrete tank with an effluent filter on the outlet will be installed. All other components of the existing OWTS must be evaluated by the design engineer before final approval will be given to this permit. THIS PERMIT IS EXPRESSLY CONDITIONED UPON COMPLIANCE WITH ALL REQUIREMENTS OF THE PITKIN COUNTY OWTS REGULATION, INCLUDING BUT NOT LIMITED TO THOSE CONDITIONS SPECIFIED ABOVE. Plans and specifications for the proposed OWTS have been reviewed and are considered satistactory. liermission is nerepy given to the property owner(s) to perform the work indicated in accordance with the Pitkin County OWTS Regulation. This Permit will expire 1 year from the date of issuance unless construction on the system has commenced. An "as -built" drawing must be submitted and approved by EH/NR before final approval of the system will be issued.} / Issued By: Installer: Date: S / ,�, It) S' Expires: .5 / 8V O 9 License #: final Appg. Date: G:\O W TS\Forms%constPerm.xls _0e:. Y ori —1Aa"'2, 411 AN ..s�,tt��4' Y A;'..i.'Ga'"..A.°c' Updated: 2/1/08 ONSITE WASTEWATER TREATMENT SYSTEM (OWTS) 2EH/NRO4 � CONSTRUCTION PERMIT APPLICATION 0405 Castle Creek Road, Suite 10 • Aspen, CO • 81611 Phone: 970.920.5070 Fax: 970.920.5077 Parcel ID# (available from the Pitkin County Assessor's Office 970-920-5160 or at www.pitkinassessor.org): C) _ jo O - O y ,/ Purpose of Permit: ❑ NEW F7 REPAIR DUE TO FAILURE ❑ Li�I REMODEL/ADDITION TANK ONLY ❑ FIELD ONLY Cost of System Repair or Remodel/Addition (approximate):,/'4'ik 000 H,`5 -To R1',L r � l�Q' ► tW . Po.�P� Property Address,/0 c. rr�.r i./oo/>► C?��'if ?�, wad0 V e /"?IC,�/� Lot: Block: Filing: Subdivision: Property Owner(s)': Email Address: /-7,576C �or?9/X,> Go/���, Owner's Mailing Address: City, State, Zip: Home Phone: Business Phone: `(:nntart information must be provided for the owner signing this application. Primary Contact Person/Applicant (if not owner): C /+'4 o- i-2,101 C>L,---1 Company: /, t/% C-Cll .- C-OA"J-/ Contact/Applic�nt Mailing Address: A S2 T �,'� --./" 4 FL -.q r5- R 0. City, State, Zip: -9 5--4 .e e/ c o 9�-/ 0""/ Cell Phone: �0 f -7,X / _ Business Phone: q1 ? o - Fax Number:Q g :7"4P , �� Email Address: Building Permit # (if applicable): Lot Size (in acres): Size of Building (square feet): Number of Potential Bedrooms: Detached Accessory Unit? ® YES © NO Size of Accessory Unit (square feet): Number of Potential Bedrooms In or Fixture List for the Accessory Unit: Water Source: RIVATE WELL ❑ SURFACE WATER ❑ SPRING ❑ COMMUNITY/ PUBLIC WATER SYSTEM Name of Community/Public Water System (if applicable): Engineering Firm: Job Number: Phone one Ny� er ` Fax Number: Mailing Address: City, State, Zip: PLEASE READ BEFORE SIGNING: I certify that the above information is complete and accurate and that I have provided complete and accurate information in all of the documents included in my application package. I acknowledge that EH/NR may revoke any permit I am issued if my application is found to contain any inaccurate, false, or misleading information. I understand that no construction may be undertaken on an OWTS until an OWTS Construction Permit is issued. Owner Signature: Date: Applicant Signature: Date: FOR OFFICE USE ONLY Received by EN/HR Staff: Fee Receipt #: Date:70740� I al \ \Forms\ ons pp.xls Update 2/1/08 May 28, 2008 PO Box 2844 Glenwood Springs, CO 81602 Ph 970-618-5033 Fax 303-216-2796 Rutgers Construction, Attn: Jan 0256 Twinning Flats Road Aspen, CO 81611 Drywell Versification Ranch Managers House 0010 Little Woody Creek Road, Gerstan Residence Pitkin County, Colorado Project No. 1398 Jan, ALL SERVICE septic, LLC performed a septic tank installation observation and evaluated the existing drywell on May 21St 2008 for the subject property. A 1000 -gallon, two-compartment, concrete septic tank with an effluent filter on the outlet has been installed at the ranch managers house. A cinder block drywell approximately 5 -foot in diameter exists at the ranch managers house. The drywell is approximately 15 -feet south of the 1000 -gallon septic tank. The existing ranch managers house has four employees per day, each working an 8 -hour shift. Fifteen gals/employee/day will be used to verify the septic tank size and drywell size. The total loading is 60 gals/day, and the peak loading is 90 gals/day. The installed 1000 -gallon, two-compartment, concrete septic tank with an effluent filter on the outlet is sufficient to serve the ranch managers house. The existing drywell is sufficient to serve the ranch managers house. The drywell is greater than 50 feet from the creek which flow to the west of the ranch managers house. The observations were based on our site visit and information submitted. If conditions are different from conditions described in report, ALL SERVICE septic, LLC should be notified. Sincerely, ALL SERVICE septic, LLC Reviewed By: Timothy R. Petz Richard H. Petz, P.E. 2 copies sent Copy sent to Pitkin County Health Department, Attn: Nancy Fax copy to Pitkin County, Attn: Nancy, 970-920-5077 PO Box 2844 Sept,C Glenwood Springs,C081602 Ph SEflYICE 033 Fax 303-216-2796 May 6th 2008 Rutgers Construction Attn: Jan 0256 Twinning Flats Road Aspen, CO 81611 Project No. 1398 Onsite Wastewater System Evaluation and Upgrade Recommendations, Existing Residences 0010 Little Woody Creek Road Pitkin County, Colorado Jan, As requested, ALL SERVICE septic, LLC performed an onsite wastewater system (OWS) evaluation for the subject property on March 12th and 18th 2008. The subject property is located outside of Aspen, Colorado. The property has several wood frame barns, an historic cabin, an historic homestead house, and a manager's house. In summary, the historic cabin and the historic homestead house utilize a common OWS, and the manager's house utilizes its own OWS. Both OWS consist of a metal septic tank and a conventional drain field. Although the septic tanks and drain fields appear to be functioning normally, the metal septic tanks must be replaced. The drain fields and other OWS components will be scrutinized during installation of new septic tanks. A 1000 -gallon (ranch managers) and a 1250 -gallon (historic cabin and homestead) two-compartment concrete septic tanks with an effluent filter on the outlets must be installed to replace the existing metal tanks. See Figures 1 and 2. This evaluation is not a guarantee of any future drain field performance, in any way. ALL SERVICE septic, LLC evaluated the OWS, and has no further knowledge of use and/or performance, and/or any changes. Please call with questions. ALL SERVICE septic, LLC Timothy R. Petz 3 copies sent E N"01 Onsite Wastewater Systems Corroded metal tank baffle. Typical of both existing metal septic tanks. Pro No. 1398 Carla Ostberg From: Tom Newland [tomn@sopris.net] Sent: Wednesday, November 12, 2008 5:01 PM To: Carla Ostberg; tpetz1@comcast.net Subject: RE: 1954 Colorado Investment Co Tim and Carla: We need to amend the land use approval to get a place on the property approved for a septic field. This should be done in a couple of months. Tom From: Carla Ostberg[maiIto:Carla.Ostberg@co.pitkin.co.us] Sent: Tuesday, November 11, 2008 12:11 PM To: tpetzl@comcast.net; Tom Newland Subject: 1954 Colorado Investment Co Hi Tim (and Tom), I received an asbuilt for permits 08020 and 08021 (Ranch Manger's House and Historic Cabin) — both were tank only permits. Nancy's notes are clear that they need to replace the absorption area for these structures. I don't think I'll be able to finalize the permit for 08021 until either I have an evaluation of the existing field with evidence that it is working properly — or a new application for the field is submitted. Please let me know how I should proceed. Thanks, Carla Ostberg, REHS Environmental Health Program Supervisor Pitkin County Environmental Health and Natural Resources 970-920-5438 Carla Ostberg From: Carla Ostberg Sent: Tuesday, November 11, 2008 12:11 PM To: 'tpetz1@comcast.net';'Tom Newland' Subject: 1954 Colorado Investment Co Hi Tim (and Tom), I received an asbuilt for permits 08020 and 08021 (Ranch Manger's House and Historic Cabin) — both were tank only permits. Nancy's notes are clear that they need to replace the absorption area for these structures. I don't think I'll be able to finalize the permit for 08021 until either I have an evaluation of the existing field with evidence that it is working properly — or a new application for the field is submitted. Please let me know how I should proceed. Thanks, Carla Ostberg, REHS Environmental Health Program Supervisor Pitkin County Environmental Health and Natural Resources 970-920-5438 r H L l PO Box 2844 R Cknwood Springs, C0 81602 SERVICE Ph 970618-5033 Fax 303.216-2796 May 28, 2008 Rutgers Construction Attn: Jan 0256 Twinning Flats Road Aspen, CO 81611 Septic Tank Installation Observations Ranch Managers and Historic Homestead House 0010 Little Woody Creek Road, Gerstan Residence Pitkin County, Colorado Jan, Project No. 1398 ALL SERVICE septic, LLC performed a septic tank installation observation on May 21s` 2008 for the subject property. A 1000 -gallon, two-compartment, concrete septic tank with an effluent filter on the outlet has been installed at the ranch managers house and a 1250 -gallon, two-compartment concrete septic tank with an effluent filter has been installed at the historic homestead house. This was done in accordance with Pitkin County Permits #08020 and #08021. The septic tanks were water tested at Valley Precast prior to placement at the subject property. The drain fields associated with each house will be checked by our firm, which is a condition of the permits. LIMITS: The observations were based on our site visit and information submitted. If conditions are different from conditions described in report, ALL SERVICE septic, LLC should be notified. Please call with questions. Sincerely, ALL SERVICE septic, LLC Timothy R. Petz 2 copies Copy sent to Pitkin County Health Dept. Reviewed By: Richard H. Petz, P.E. 0 Septic Tank Installation Observation Project No. 1398 05/28/08 Page 2 Septic tank serving managers house Two lids of the septic tank serving the historic homestead residence Pro No 1398 �401 HL PCBc2M4 R Gb wood Springs, C0 81602 SEBYI0 Ph 970.61&5033 F=303-216-2796 May 60' 2008 Rutgers Construction Attn: Jan 0256 Twinning Flats Road Aspen, CO 81611 CO Project No. 1398 Onsite Wastewater System Evaluation and Upgrade Recommendations, Existing Residences 0010 Little Woody Creek Road Pitkin County, Colorado Jan, As requested, ALL SERVICE septic, LLC performed an onsite wastewater system (OWS) evaluation for the subject property on March 12th and 18th 2008. The subject property is located outside of Aspen, Colorado. The property has several wood frame barns, an historic cabin, an historic homestead house, and a manager's house. In summary, the historic cabin and the historic homestead house utilize a common OWS, and the manager's house utilizes its own OWS. Both OWS consist of a metal septic tank and a conventional drain field. Although the septic tanks and drain fields appear to be functioning normally, the metal septic tanks must be replaced. The drain fields and other OWS components will be scrutinized during installation of new septic tanks. A 1000 -gallon (ranch managers) and a 1250 -gallon (historic cabin and homestead) two-compartment concrete septic tanks with an effluent filter on the outlets must be installed to replace the existing metal tanks. See Figures 1 and 2. This evaluation is not a guarantee of any future drain field performance, in any way. ALL SERVICE septic, LLC evaluated the OWS, and has no further knowledge of use and/or performance, and/or any changes. Please call with questions. ALL SERVICE septic, LLC Timothy R. Petz 3 copies sent 0 0 Onsite Wastewater Systems Corroded metal tank baffle. Typical of both existing metal septic tanks. Pro No. 1398 i © 0 WELL ® PROPOSED 0 MAIN Pi ISCAL i . E ° OUSE = 6 t NORT m� 5� RAN C MA 2or INSTALL 10004ALL N, TWOCOM ART ENT /\ CONCR SEPT K: TANK WITH ' EFFLUENT FILTER ON THE OUTLET, 12) \� O Parcel A -`D�G' \GE EXISTINGMETALSEP CTANK \O eE TO BE REPLACED H 10004ALLON, TWO-COMPARTM CRETE SEP7IC'gANK WITH EFFLUENT LT �.l Cm BII D E P- H� 1a�sn.'�P�..eod�az ENVELOPE singg R99wood a PWn, Book 52, r PROPOS DRAIN FIELD FOR NEW MAIN SIDENCE 000, TO ) PROPOSED DRAIN FIELD HISTORIC CABIN HISTORIC RANCH HOUSE EXISTING METAL SEPTIC TANK TO BE REPLACED WITH 1250 -GALLON, TWO-COMPARTMENT CONCRETE SEPTIC TANK WITH EFFLUENT FILTER INSTALL 1250 -GALLON, TWO-COMPARTMENT, CONCRETE SEPTIC TANK WITH EFFLUENT FILTER ON THE OUTLET R040 (Fo�a„y��aUo Ro�J ALL SERVICE Septic, LLC 0010 LITTLE WOODY CK. RD. PRO NO. 1599, PO Box 2844, Glenwood Springs, CO 81602 GERSTAN RESIDENCE 970-618-5033 PITKIN COUNTY, COLORADO 5/06/08 FIGURE I CD D p iv o 0 O �:;a CD .CD(Tl O -71 z o N �n '� 0 Z;-� O pp--- O p N �7 o 0 W CD N n D -O 3CD C-1 CD ^ 0 O _0 m 1J J z L r7j JC A CD L -E N Ia-0c) Q m r o O N M � m N D n Z D Cn n <m pv O ?++ m -0D r CD CD �� F OWE c C7 DC7 0 o C7 mn 0- : � �3 c 3 0-0 n m rel a �CL 3 o CDn m CD o rn a o o r-+ � o ; 0- � \J ^ ) 0CD CD s 0 CD 0 � 0 v CD r -t CD ED n �• f S y = O 0 0 L0 3 T O S \ CD C =3 CD r C 0 -n< � C CD r•i- m TI < m N �_ rt - < rn o c ,c p CD — CD Cp �= -� r+ N� �• TI '�'. tL] CJ n .-r U) N (D co CD CD 0 0 [1 CD — Lo X O o CD o N=CD 0 m L CD O d 2: r 0 �+ Fri S CD d O F \V CD CD `i S z CD N O � 1 L.I rt Qo CD 00 � OCT, 11. 2007 4:53PM BOMB & GREEN NO, /J5 N. Z EDWARD MULHALL, JR. SCOTT SALCOHe LAWRGNCE A. GREE. TIMOTHY A, THuLSON DAVID C. HALLFORD CHRI3Y0PHER L. COYLE THOMAS J. HARTERY CHRISTOPHER L. GEIGER SARA M. DUNN DANIEL C. WENNOGLE SCOTT SROSSCUP JORDAN MAY BALCOME & GREEN0 P.0 ATTORNEYS AT LAW P.O. 1)RAWER 7'90 818 COLORADO AVENUE GLENWOOD SPRINGS, COLORADO 51602 TSLEPXONZ: 97 0.945.60 46 -rAAsn"rly: 970.945.8902 sand@balcoulbgeen.com Zvar Mitchell, Esq. Andlinger Properties Capital Corp. PO Box 1730 Vero Beach, PL 32961 iwmitchell@andlinger.net Re: Woody Creek Property Dear Yvar: October 11, 2007 Domestic Water Rights KCNNgTH BALCOMe ( I oao-ZOOS) OF COUNSCL: JOHN A. THo soN STRUCTURE CASE No. AMOUNT Usfis APPROPRIATioN DECREE DATE Simons Well No.1 W-1246 0.033 cfs absolute Domestic 26 -May -1965 30 -Jan -1974 Permit # 23990 (Exempt Well Simons Well No. 2 W-1246 0.33 cfs absolute Domestic 16 -Sept -1966 30 Jan -1974 Permit # 11213-F Commercial Simons Pond Nos. 1 W-1245 1.0 acre foot Domestic 6 -May -1965 23 -July -1973 & 2 Irrigation Piscatorial Simons Spring No. 1 W-1245 0.7 cfs Domestic 6 -May -1965 29 -Jun -1972 Irrigation Piscatorial The property is associated with twq__p x_ fitted wells, two ponds and a spring andrr pipeline all decreed for domestic use. In order to provide an uniunteupted domestic supply to the new residence, we recommend utilizing an exempt well (not subject to administration) or a plan for augmentation. The only existing structure which would qualify as an exempt well is the Simons Well No. 1. This well was decreed by Bert: and Adele Simons in Case No. W-1246 for 15 gallons per OCT. 11. 2001 4:53PM BOMB & GREEN 13,ALCOMB & GREENS P.C. ATTORNEYS AT LAW Ivar Mitchell, Esq. 1954 Colorado Properties, LLC: Woody Creek NO. 735 P. 3 October 11, 2007 Page 2 minute (0.033 cfs) for domestic use with an appropriation date of May 26, 1965. The State Engineer issued Well Permit No. 23990 on May 24,1965 for the Simons Well No. 1. As you are aware, there are two categories of groundwater wells in Colorado: (1) exempt wells that are not subject to water rights administration under the priority system, and (2) non-exempt wells, those that are governed by the priority system and may be curtailed for the benefit of senior water rights. In over -appropriated areas of Colorado, such as Woody Creek, non-exempt wells (or other domestic structures, such as the spring and pipeline) are required to replace their out -of -priority depletions under a plan for augmentation approved by the Water Court. The water rights described in the table above are fairly junior as compared to other water rights on Little Woody Creek and would likely be out - of -priority during most of the irrigation season. However, the Simons Well No. 1 would qualify for an exemption pursuant to C.R.S. § 37-92r602(1)(e) which provides that wells not exceeding 50 gallons per minute which are in production as of May 22, 1971, and are used for ordinary household purposes in upto three single-family dwellings, fixe protection, the watering of poultry, domestic animals and livestock. The Simons Well No_ 2 was decreed in Case No. W-1246 for 150 gallons per minute (0.33 cfs) for domestic and commercial purposes with a date of appropriation of September 16, 1966. The State Engineer issued Well Permit No. 11213-P on September 16, 1966 for the Simons Well No. 2. The well permit is inconsistent with the decree in W-1246 as it allows only commercial use from the well at production rate of 100 gallons per minute_ The Simons Well No. 2 does not qualify for an exemption and would be subject to call during times when it is out -of priority. Conclusions and Recommendations The Simons Well No. 1 is the only structure and water right that can provide domestic water, without being curtailed during periods of calls, pursuant to a statutory exemption. Under the terms of the permit, it appears that the well could be used to supply water to the new residence. However, the decree for the well does not recognize this well as being an exempt well — thereby introducing ambiguity as to the legal status of this well. In order to prevent delay in obtaining necessary building approvals from Pitkin County, we recommend using the Simons Well No_ 1 as the domestic source for this well. If a new well in closer proximity to the residence would be preferred, or if the Division of Water Resources determines that this Simons Well No. 1 has been decreed as a non-exempt well then it will be necessary to prosecute a plan for augmentation to provide replacement water for any out -of -priority depletions from the well. We recommend a well production test be performed, including a recovery analysis, to determine whether the physical water supply from the Simons No. 1 Well is adequate for you intended uses. The well production test should be for a minimum of 12 hours (preferably for 24 vcl i i u i i i: i oa Hqua i ec Jystems Inc 9 /0-984-0312 p.3 �+ .13A1,COAl13 & GREEN, 1'.0 ATTOICNEYS AT LAN' EDWARD MULHALL. JR. SCOTT BALCOMB LAWRENCE R. GREEN TIMOTHY A, THULSON DAVID C. HALLFORD CHRISTOPHER L. COYLE THOMAS J. HARTERT CHRISTOPHER L. GEIGER SARA M. DJNN DANIEL C. WENHOGLE SCOTT GROSSCJP P.U. DuAwru 700 KENNETH BALcoma (1920-20051 81.8 COLONADO AVtNUM, GLEWWOOII SPRING!, COLOUAUU N L6O2 Or COUNSEL: '('r:LKPItU�6: 4) i O.U•15.U5•)13 1'.u1s[mu.r:: U : U.U-15.tiUll_ sa radC4. bal coni bgrLvn, mm jan-_ary 15, 200"' Mr. Tom Platter Aqua Tec Systems 3694 CR 331 Silt, CO 81650 JOHN A. THUL50H Re: 10 Little Woody Creek Road, Pitkin County, Colorado — Wells Dear Tom: As we have previously discussed, our client, 1954 Colorado Investments Corp., has purchased the property formerly owned by the Cottonwood Trust (Don Henley) located at 10 Little Woody Creek in Pitkin County. There are two permitted wells associated with tlus property: the Simons Well No. I and No. 2. The Simons Well No. 1 is permitted as State Engineer's Permit No. 23990 as a 35+ acre exempt well. The Simons Well No. 2 is permitted as State Engineer's Permit No. 11213-F as a non-exempt well used for domestic and commercial uses limited to 150 g.p.m. Copies of the permits and decrees are enclosed. At this juncture, our client has not determined whether to use one or both of the existing well or to drill a replacement well. Therefore, it is not ready to proceed with a pump test at this time. However, obtaining copies of any information you may have pertaining to these two wells will be very helpful in moving fom ard. If you have any questions, please let us know. Very truly yours, BALCOMB & CREE\, RC. By: -,, Z' z)z lr"\" 4 If--"/ - Sara M. Dunn SMD:ch Enclosures Cc: 1954 Colorado Investments Corp. Frederick F. Peirce, Esq. I o f 1 1. 10a ,Aqua 1 ec JysjPrns me \ DATE couECTeO I DA7E RECErvFD j009EC0WtEMj sAwtvLE CODE 08/14/07 B/IS/0? 9/10/07 676132 CUSTOMER ADDRESS ADLINGER LITTLE WOODY CREEK \\ J ASPEN, CO DEALER ADDRESS AQUA TEC SYSTEMS, INC. P 0 BOX 488 GLENWOOD SPRING, CO 81602 - ID: DOMESTIC WELL WELL WATER 970-984-0312 UAA6477C 41G /I/I San guideline has been exceeded for this contaminant. /n msm M6 pcw 61449�.sM 44U3 Bacteria results may be invalid due to lack of collection DRRgGNG WATER ANALYSIS RESULTS P.1 NOTE: "*" The MCL (Maximum Contaminant Level) or an established guideline has been exceeded for this contaminant. Bacteria results may be invalid due to lack of collection information or because the sample has exceeded the 30 -hour holding time. "ND" This contaminant was not detected at or above our stated detection level. "NBS" No bacteria submitted. "NBR" No Bacteria Required. "P" = PRESENCE "A" = ABSENCE "EP" = E. COLI PRESENCE "EA" = E. COLI ABSENCE "NA" Not Analyzed Analysis Performed : MCL : Det. : Level ------------------------------------------------------------ :(mg/1): Level : Detected Total coliform P P P EA j------------------------------------------------------------ Inorganic chemicals - metals: ------------------------------------------------------------ Aluminum 0.2 0.1 ND Arsenic 0.020 0.005 ND Barium 2 0.30 ND Cadmium 0_005 0.002 ND Calcium i 2.0 52 j Chromium 0.1 0.010 ND Copper 1.3 0.004 ND Iron 0.3 0.020 0.026 Lead 0.015 0.002 ND Magnesium --- 0.10 15 i Manganese 0.05 0.004 ND Mercury 0.002 0.001 ND Nickel ---- 0.02 ND Selenium 0.05 0.020 ND Silver 0.1 0.002 ND Sodium --- 1 6 Zinc i 5 0.004 ND ------------------------------------------------------------ Inorganic chemicals - other, s------------------------------------------------------------ end physical factors: j Alkalinity (Total as CaCO3). --- 20 200 Chloride 250 5.0 ND Fluoride 4 0.5 ND Hardness (suggested limit = 100) 10 190* Nitrate as N 10 0.5 ND Nitrite as N 1 0.5 ND pH (Standard Units) 6.5-8.5 --- 7.0 Sulfate 250 5.0 11 Total Dissolved Solids 500 20 200 Turbidity (Turbidity Units) 1.0 0.1 0.2 ------------------------------------------------------------ Organic chemicals - trihalomethanes: ------------------------------------------------------------ -� Bromodichloromethane --- 0.002 ND aromoform --- 0.004 ND Chloroform --- 0.002 ND Dibromochloromethane --- 0.004 ND Total THMs ------------------------------------------------------------ 0.080 0.002 ND Oct 11 07 11;15a Aqua Tec Systems Inc 970-984-0312 p.2 page 2. Sample code: 676732 Analysis performed ; MCL ;Detection; Level (mg/1) 1 Level ;Detected ------------------------------------------------------------ 1,1,1,2-Tetrachloroethane --- 0.002 ND 1.1,1 -Trichloroethane 0.2 0.001 ND 1,1,2,2 -Tetrachloroethane --- 0.002 ND 1,1,2 -Trichloroethane 0.005 0.002 ND l,l-Dichioroethane --- 0.002 ND 1.1-Dichloroethene 0.007 0.001 ND l,i-Dichloropropene --- 0.002 ND 1.2,3-Trichlorobenzene --- 0.002 ND 1,2,3-Trichloropropane --- 0.002 ND L,2,4-Trichlorobenzene 0.07 0.002 ND 1,2 -Dichlorobenzene 0.6 0.001 ND 1,2-Dichloreethane 0.005 0.001 ND 1,2-Dichloropropane 0.005 0.002 ND 1,3 -Dichlorobenzene --- 0.001 ND 1.3-Dichloropropane --- 0.002 ND L,4 -Dichlorobenzene 0.075 0.001 ND 2,2-Dichloropropane --- 0.002 ND 2-Chlarotoluene --- 0.001 ND 4-Chlarotoluene --- 0.001 ND Benzene 0.005 0.001 ND Bromobenzene --- 0.002 ND Bromonethane --- 0.002 ND Carbon Tetrachloride 0,005 0.001 ND Chlorobenzene 0.1 0.001 ND Chloroethane --- 0.002 ND Chloromethane --- 0.002 ND cis-1,2-Dichloroethene 0.07 0.002 ND cis-L,3-Dichloropropene --- 0.002 ND Dibromochloropropane (DBCP) --- 0.001 ND Dibromouethane --- 0.002 ND Dichlorodifluoromethane --- 0.002 ND Dichloromethane 0.005 0.002 ND Ethylbenzene 0.7 0.001 ND Ethylenedibromide (EDB) --- 0.001 ND - Methyl-Tert-Butyl-Ether --- 0.004 ND Styrene O.l 0.001 ND Tetrachloroethene (PCE) 0.005 0.002 ND Toluene L 0.001 ND Trans-1.2-Dichloroethene 0.1 0.002 ND trans-1,3-Dichloropropene --- 0.002 ND Trichloroethene (TCE) 0.005 0.001 ND Trichlorofluoromethane --- 0.002 ND Vinyl Chloride 0.002 0.001 ND Xylene l0 0.001 ND -------- - ---- -------- ------------------ Organic chemicals - pesticides, -------------- herbicides and PCBs ------------------------------------------------------------ 2,4-D 0.07 0.010 ND Alachlor 0.002 0.001 ND Aldrin --- 0.002 ND Atrazine 0.003 0.002 ND Chlordane 0.002 0.001 ND Dichloran --- 0.002 ND Dieldrin --- 0.001 ND Endrin 0.002 0.0001 ND Heptachlor 0.0004 0.0004 ND Heptachlor Epoxide 0.0002 0.0001 ND Hexachlorobenzene 0.001 0.00405 ND Hexachlorocyclopentadiene 0.05 0.001 ND Lindane 0.0002 0.0002 ND Methoxychlor 0.04 0.002 ND PCBs 0.0005 0.0005 ND Pentachloronitrobenzene --- 0.002 ND Silvex(2,4,5-TP) 0.05 0.005 ND Simazine 0.004 0.002 ND Toxaphene 0.003 0.001 ND Trifluralin --- 0.002 ND We certify that the analyses performed for this report are a=rate, and that the laboratory tats was conducted by methods approved by the U.S. Environmental Pmtection Agenq or variations of these EPA methods. These test results are intended to be used fur informational purposes only and may not be used fur regulatory compliance .��a�.%wllde� �ad�detfovet's6 rvno rarw LWPATones -7xa FlI,E COPY vu F" Ur vct .I .I u t 1-1:10a Aqua i ec aystems Inc 910-984-0312 p.4 Z vnon y .. • 1c.10 . • 23.E R O �'-� • 04033 dRcrtc�y ►J o • 121 ` i `� s? • ., b•3 c•4 � [� r dO yC—.�e•n.tJi'u.L RA�_rifnM.�v�a.rx �-4. 417 a1 1 i' a . r• 1 ,� a' vu i i u/ i i. i oa /Aqua i ec systems inc IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-1246 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF BERT SIMONS ) AND ADELE SIMONS IN THE ROARING ) RULING OF FORK RIVER OR ITS TRIBUTARIES ) REFEREE TRIBUTARY INVOLVED: WOODY CREEK } IN PITKIN COUNTY ) y IU -9d4 -W 11 p. b F! LF_D IN WATT :t Division No. / 00'r) 1 1Q23 $Tg.TE q�' c aRae� The above entitled matter having been referred to the undersigned as water Referee for water Division No. 5, State of Colorado. by the Water Judge of said Court on the 12th day of July, 1972, and again, after withdrawal of r Statement of Opposition, on the 17th day of May, 1973, in accordance with Article 21 of Chapter 148, Colorado Revised Statutes 1963, as amended (Chapter 373 S.L. Colo. 1969), known as The Water Rights Detarwination and Administration Act of 1969. And the uhdersigned Ra£eree having made such investigations as are necessary to determine whether or not the statements in the application are true and having beoome fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee in this matter, to -wit: 1. The statements in the application are true. 2. The name of the structure is Simons Well No. 2. 3. The name of claimant and address is: Bert Simons and Adele Simms, P.O. Box 126, Aspen, Colorado. 4. The source of the water is a well having a depth of 115 feet. 5. The well is 1mated in Lot 6, Section 10, T. 9S., R. e5W. of the 6th P.M. at a point whence the Southwest Corner of said Section 10 bears S. 38'47'30" W. 663.60 feet. 6. The proposed use of the water is domestic and commercial. 7. The date of initiation of apvrooriation is Swotember 16. 1966. 8. The amount of water claimed is 0.33 cubic foot per second of time. 9. Permit No. 11213-F was issued by the Office of the State Engineer on September 16, 1966. 10. The well has been drilled and the water applied to beneficial use. Oct 11 07 11:17a Aqua Tec Systems Inc 970-984-0312 The Referee does therefore conclude that the above entitled application should be granted and that 0.33 cubic foot of water per second of time hereby is awarded to the Simons well No. 2 for domestic and commercial uses, with appropriation date of the 16th day of September, 1966, absolutely and unconditionallyi subject, however, to all earlier priority rights of others and to tho 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 148-21-20 CRS 1963 as amended (1971). It is further ORDERED that a copy of this ruling shall be filed with the appropriate Division Engineer and the State Zngineer. Done at the City of Glenwood Springs, Colorado, this 3/ `it day of 1973. No protest was filed in this matter. The foregoing ruling is confirmed and approved, and is made the Sudgment and Decree of this( court. Datedi `1 -ki*7/ - �/%— - 'Pater Judge BY THE REFEREE: Q'��444' W r Referee Water Division No. 5 State of Colorado Oct 11 07 11;17a Aqua Tec Sys+oms Inc 970-984-0312 p.7 to Well No Z. I" U" ori/ 'LVED 16% ow. Simons Well No. 2 �•i.. caw W, .._6th.. P.M. n Cl E. 4 CE W. Unc gag NnMI...__....._._..... _. P.M. Canxglon d M2110M a ury fn Dew 2/1/95 l" Oct 11 07 11:17a Aqua Tec Systt ^ns Inc 970-984-0311 p.0 AK%1.5_46 STATE OF COLORADO 4 A PERMIT TO USE GRDUND WATER misgz�' /r APPLICATION FOR; l� A PERMIT TO CONSTRUCT A WELL :• b L,/ OTHER Gkou" 1 1965 Application must be comaleted satisfactorily before acceptance W474 SMT PRINT OR TYPE LOCATION OF VEL UEN6 5_J6 -Jf- APPLICANT a�l; / �� COUNTY �•-•Ini Street Address City :r State2.0C)�T/(//: Use of ground water (.Y<'i elge-- � iA Owner of land on tilt) cit well Is located�e— Number of acres to be irrigated Legal description of Irrigated land Other water rights on this land Owner of irrigated land Aquifer(s) ground we,ter Is to be obtained from e'4k'e li ESTIMATED WELL DATA Est. quantity of ground water to be claimed; Est. Max. Yield ,,4 O GPM or CFS Est. average annual amount to be used in acre�feot Storage capacity, _ AF Anticipated start of drilling_9_1L Hole Diameter: _in. fromft. tam//D ft. in. from ft. to ft. Casing-, PlaI LI n. from C� ft. to ��ft. in. from ft. to ft. Perf. in. from ft. to _ZX Zft. in. from ft. to ft. PUMP DA Outlet Type HPSize—'L f i'his application approved PERMIT NUMBER 11 213 " F DATE ISSUED SEP 16 1966 '16U fit, sec. l Q T. Se - , R. ?5 Gc' /_ "P.M. Ground Vater Basin Water Management District USE DIAGRAM Ok THE BACK OF DIS SHEET TO LOCATE WELL. r , Driller Drillar's Address Signature of Applicant OVER) CONDITIONS OF APPROVAL This application approved CONDITIONAL PERMIT NO, (Permit good for one (1) year after date of issuance) DATE ISSUED Chairman Ground Water Commission by .,.,. 11-1 11.iva r%qua leo aysttjlns Irlc V IU -964-U311 p.9 /Ave ,1j STATE OF COLORADO ft ` ( DIVISION Or WATER RESOURC&S 0�2 �. ` Ibex iso. OFFICE OF THE STATE I;NtiIN j (��.�'1!y BE? 291966 IDWD OTR gas Use MAP AND STATEMENT FOR WATER WELL jj;IN* Qp�QRADO Registere. PERMIT NUMBER Know a-U'men by these presents: That thewndersigacd ✓12 , claimant(s), whose address Is , Cit 4, states: ClaimantC4 is (are) the owner(,a)'of well No. located as saewn on, the ap below;'the total number of acres of land owned by him (them) to irrigated from this weli is work was commenced on this well by actual construction day of 194.4 tested capacity of said well is/ /0 (gpm) (efs), for which claim is heraV made for - purposes; that the average annual runou.nt of water to be diverted is acre -It. ; and that the afoi' YneatLoned stakements are made 'and tl ' ma and tement arc filed in compliance with the law. State of�Cq o " ) as-o�-x•¢�[ ��r L —rf County of Subscribed and swot9ti before rae In 10=14- day of 19ez" g. My Commisaion expiiQsIIA1 _ 2 -G r, Lary Public - -- MAP THE WELL SHALL BE LOCATED WITH REFERENCE TO GOVERNMENT SURVEY CORNERS OR MONUMENTS, OR SECTION LINES BY DISTANCE AND BEARING. feet from (North or South) section line feet from (East or West) section line IF. WELT IS Ft)'t IRRIGATION, THE AREA TO BE IRRIGATED MUST BE SHADED OR CROSS- HATCHE1). . The square below will be used to indicate the location of the well Lind theArrigated land. I f •1 1 i r - - T --f- -T -- --r- - -•r � - 1 ....;1 I - -r- - --T--1---r-- , 1 1 r 1 I 1 t�•.. 7.7 ' r 1 1 I I f 1 1 1 1 F WEL L LOCATION q County / ;4 T.r� �___. R...is1._.P. M Ground Water gesin Water Management District Domestic wells may be 1,,�t,e4-by, the 1 mi, following: LUT; BLOCK SUBDIVISION- . G ACCEPTED FOR FILING IN THE OFFICE OF THE STATE ENGINEER ON THIS DAY OF 19" State Engineor -n,: i i y r i i. i Od f� Aqua 1 ec bystems Inc IN THE DISTRICT COURT IN AND FOR WATER DIVISION NO. 5 STATE OF COLORADO Application No. W-1246 IN THE MATTER OF THE APPLICATION ) FOR WATER RIGHTS OF BERT SIMONS ) AND ADELE SIMONS IN THE ROARING ) RULING OF FORK RIVER OR ITS TRIBUTARIES ) REFEREE TRIBUTARY INVOLVED: WOODY CREEK ) IN PITKIN COUNTY ) 97^ 984-0312 p.10 FI LE IN WATF—t Division Nu. j 0CT31173 �q7E OF CO. ORAOr) The above entitled matter having been referred to the undersigned as water Referee for Water Division No. 5, State of Colorado, by the water Judge of raid Court on the 32th day of July, 1972, and again, after withdrawal of statement of Opposition, on the 17th day of May, 1973, in accordance with Articla 21 of Chapter 148, Colorado Revised Statutes 1963, as amended (Chapter 373 S.L. Colo: 1969), known as The Water Rights Determination and Administration Act of 1969. And the undersigned Referee having mad* such investigations as are necessary to determine whether or not the statements in the applicationare true and having become fully advised with respect to the subject matter of the application does hereby make the following determination and ruling as the Referee In this matter, to -wit: 1. The stAtements in the application are true. 2. The name of the structure is Simons Well No. 1. 3. The name of claimant and address is: Bert Simons and Adele Simons, P.O. Box 126, Aspen, Colorado. 4. The source of the water is a well having a depth of 80 feet. S. The well is located in Lot 6, Section 10, T. 9S., R. 85W. of the 6th P.M. at a point whence the Southwest Corner of said Section 10 bears S. 68'29'16" W. 175.24 feet. 6. The prcposed use of the water is domestic. S. The amount of water claimed is 0.033 cubic foot per second of time. 9. Drilling Permit No. 23990 was issued by t2he Office of the State Engineer on May 26, 1965. 10. The well has been drilled and the water has been applied to the above beneficial use. i • .y..... . - Vy O'V1110 II IV ,91U -V64 -U312 p.11 The Referee does therefore conclude that the above entitled application should be granted and that 0.033 cubic foot of water per second of time hereby is awarded to the Simons Well No. 1 for domestic use, with appropriation date of the 26th day of May, 1965, absolutely 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 he filed with the water Clerk and shall become effective upon such filing, subject to judicial review pursuant to Section 148-21-20 CRS 1963 as amended (1971). 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 day of , 1973. No Protest was filed in this matter. The foregoing ruling is confirmed end apProved, and is made the Judgmeut and DOOree of this court. Datedt '� ager Judge BY THE REFEREE: Waarae Z r Division No. 5 state of Colorado I hyua i ac aystems inc y M -984-W 12 p.12 Form C Rev. STAT OF COLORADO t)-G2/1pM FOR: A PERMIT TO USE GROUND WATER APPLICATION A PERMIT TO CONSTRUCT A WELL MAY 241965 Applicant _ � P e t ) r ncr�NS _ HO LOCATI�pF WET��.Win So. � county COtDR_ 1{t -�-k' "' - - P.O. Address A"e Lo% Quantity applie o gpm or ,mow of �w } of Sect.:•/o , AF Btoraga � // fr Used for purposes W 14 � WV (legal deacriptiou of land 'site) "3 o Total acreage irrigated and of er rts. mO ESTIMATED DATA OF WELL Hole s1ze: In, to- in. to �o Casing Plainin. from��to, bo ft. S" in. from to ft: open or Per[. from & to�ft. � F --in. from to ft. PUd1P outlet DATA: Type . HP size /'yam U e e initiation date A 19 a (Use Supplemental pages for d tional data) p -a �3 THIS :APPLICATION ApPHOVED PERIMT NO. 23990 ISSUED: DATE MAY 2 4 I9_ Iv Age- C& -- _re P. M. OR street Addreags or Lot & ock Ho. Town or subdivision N I � � r I I I • I co 1 I I L0 cate well in E 40 acre (Small) square as near as possible. Large square is one section. a $25.60 fee required for uses other than Domestic..,>?r Livestock. Agent or NOTL — SATISFACTORY COMPLETION REQUIRED FOR APPROVAL OF I v, 11.1Ja nyua lex oysiems Inc 970-984-0312 p.13 .R 7 100 [ ^'1051.. R r-Kw•1 ` 10Y IOJ� STATE OF COLORADO f DIVISION OF WATER RESOURCES OFFICE OF THE STATE ENGINEER lowo ............ GROUND WATER SECTION use..................� usletened.... f..t<! LOQ AND HISTORY OF WELL (Jar Stare Enginears Use) PEMT NO muf 2a AUG 111965 WOU10 WATER SEC(, COLORADO STATE ENGINFEII �fr, • WELL LOCAriON Driller., .J R c. No. ��� Owner : A,Cou/my Streer /9-sQ° I✓ City �_ ��1aG.'y/.1 of s"_ %. of Sect / c� Tenant 0.j1�¢�C--� Twp !Ja , RBa.Q $� 6_ PM Use of Water � .J)D M 'L, e r No. On or By gyres id.sarlpli sir. or t� Date Started Jh&_ -- 19�psL� Date Completed Yield- fa —GPM or CFS .WELL DESCRIPTION: w.r Depth to Water.��Ltt. Total Depth rte ff. (wwwnd bon e.a.rd wrfrcr� in.—__from Q ft. to A ft. 'Nolo Diameter In' from h. to ft. In. - hom fr. t0 ft. TEST DATA: Flew' Tesi*d_.__Plrrnp or t -'—'/Bailed Date Tested -19_ Length_rl•Irs. Rate if GPM Drawn Dower ft. PUMP DATA: Pump Type.. Outlet Size in. Driven by HP CASING RECORDi Main Casing Size_ _, Kind.c2�frQ^t fi. to_�40 _ft. Siwe Kind from ft. tot. Size , Kind from__ ft. ff-iJt&nsted Catera SIz�:1Gnd:•c�+.�om',��ft. tom=ft. Size - . Kind_ .__from fi. to—fl. twl ABOVE DIAGRAM REPRESENTS ONE FULL SEC- TION. LOCATE WELL ACCURATELY IN SMALL SQUARE REPRESENTING 40 ACRES. or If the above is not applicable fill in: - N.. Isms Cuy « 7....1. or Lot , Bloom Subdivision tinclud. (Ione w nurnb.rl TO Of MADE OUT IN 9UADRUFLICATE. Original Olue (both sides) and Duplicate Gieen -Copy roustbe filed 'with the State Engineer within 30 dpys after well Is contplated. While copy is for the Owner.,und Yellow copy for the Driller. _ -SIGN ALU F, C!tY -1,-" _.... -_ ._tet•_+: ._\• ..'••;.�::_._.__. .. .. 1 � 1 , 5 � r - - -tsv► w - - ' 1 - - Rte;»- - 1 1 1 1 1 1 1 1 r 1 1 1 1 1 - 1 1 1 1 1 twl ABOVE DIAGRAM REPRESENTS ONE FULL SEC- TION. LOCATE WELL ACCURATELY IN SMALL SQUARE REPRESENTING 40 ACRES. or If the above is not applicable fill in: - N.. Isms Cuy « 7....1. or Lot , Bloom Subdivision tinclud. (Ione w nurnb.rl TO Of MADE OUT IN 9UADRUFLICATE. Original Olue (both sides) and Duplicate Gieen -Copy roustbe filed 'with the State Engineer within 30 dpys after well Is contplated. While copy is for the Owner.,und Yellow copy for the Driller. _ -SIGN ALU F, C!tY -1,-" _.... -_ ._tet•_+: ._\• ..'••;.�::_._.__. .. .. V n 1-964-0312 p,14 10104 Ho. STATE OF COLORADO Fm Oawx w. a* aw241 OFFICE OF THE STATE ENGINEER V x~7 sts C4 Kow of BMG.. Wl] aw~ aL. D..'w. Cat..ft wm ftTafVED FEB 06 PRIoFI To COMPLETING FORM, SEE INSTRUCTIONS ON REVERSE SIDE CHANGE IN OWNERSHIP/ADDRESS % LbCATIQN wELr_ PERMIT, UVESTIXX TANK OR EROSION CON TTVOL DAM cam" 1. NEW OWNER NAME(S):...Doa...9enley_.C,(Q_.BesQtupe...mg�ul9,.: loc. . ............ MaIng Atltlross ,,.909. Colorat3o ,Avenue City. St. Z>p._!3 a _Spr nys. w._...aiboi_.._..................._. _ _._............. . Phorw L..._3.D3)945.:..67.7.7...................... _.._............ ... 2. TFi C►+ANGE IS FOR ONIi OF THB FOUZMNG•• ® WELL PERMfT i UMBER_.. 23990 .__._..._..._._...__._._ ................. ❑ UVESTOCK WATER TANK ❑ EROSION CONTROJ. DAM NUMBER..,......,.... ......•.,..... 3. WEU LOCATION: COUNTY •....... OWNER'S WELL DESIGNATION . Simons Well No. 1 ]ry t►............._........._.....•....... ......_._....__..__._..._....__..._..._.................... _.._............. ........ ... . ......... .. IMtr�I ICM tsurl tavl .SW _ 1/4d Qr._...`-'x_.1/4, Sac .1Q _. tY+P�_. 9. ❑ N. «® S.. RwMe-..e5 _ ❑ E. ar W. 6 .... P.M ❑ ® ❑ 9 fine. Dp1sisms4 from Sootlorl Unea._ _..__64 __... Ft from N. a S. Uru, ........163 _ . Ft. tom E. a W SubdM6lon.._.._! % .-.._..._.a..... ......... ....... _... ............. _.._._._.. .._.,6.._.._ Bbah................... FlIft MIN ............. ........ 4. LIVESTOCK TANK QR gROSiON gQN TROL DAM LQ5-, 1 N: ❑ ❑ ❑ D ... _............ 1/4, Sec ........ Twp _.._..._.. N. a. S.; Range........ ........ E ar W. ........._...... P.M. 6. The above. Ileted owner(s) say(s) that he (they) own the mourn dascrlbed herein. The existing romd Is babo artwnded for the WOwing reaeon(e): T- C) o � o� �O 0 0 0 0 0 0 0 0 O ap N [41-13A3-1 Your Company Name F® ro Yo VAOM zes 2007-10-17 Your CompanyName(2) LT-Levelogger (38683), Instrument number: SO 39867 Location: ANDLINGER IRRIGATION WATER RESOURCE CONSULTANTS, LLC April 25, 2008 via e-mail Tom Platzer Aqua Tec Systems, Inc. POB 488 Glenwood Springs, CO 81602 RE: Capacity of wells 10 Little Woody Creek Road, Pitkin County, CO Tom, I've reviewed the physical well testing data for the wells at the above property. This letter serves as a summary of my analysis and opinion of how much water the wells will produce. As I'm out of time this week, I'll get a full report out later with supporting documentation. I apologize in advance for the inconvenience. FINDINGS Residential Well I understand the residential well was pumped at 15 gpm for the duration of 24 hours, and then allowed to recover (water flow back into and fill up the formation). The recovery data shows a transmissivity of approximately 2,000 gpd/ft. The well also reached a state of equilibrium at the pumping rate of 15 gpm, meaning the aquifer can produce more water than the was being pumped. For household use, and even for irrigation of most household landscaping, this is an excellent well. Irrigation Well I understand the pumping rate on the irrigation well was approximately 37.5 gpm for approximately 30 hours. Similar to the residential well, the capacity of the well exceeded the pumping capacity for 28 hours straight, which is an excellent sign. The transmissivity is approximately 40,000 gpd/ft, which is evidence of an excellent, high producing well. I believe this well is decreed for 150 gpm, as recorded in the paperwork your office forwarded to me. Regardless, it appears this well should produce over 100 gpm, even with sustained pumping. I apologize again for not having sufficient time to analyze this fully. In the meantime, should you have any questions, please do not hesitate to contact me. Sincerely, WATER RESOURCE CONSULTANTS, LLC Paul C. Currier, P.E. PCC/pCC / / 410 - Interim Report 04-25-08.doc 244 Hutton Ave., Rifle, CO 81650 PH / Fax (970) 625-5433 pcurrier@wrc-Ilc.com 1 3W 1 1' i •. i 11 01310 00 i MCI a toy.1 i' 131 31' 1 AdminUtrative Decision No. I„-2009 R TFAI,,S 1954 Colorado investment Ccarporation cApoicant l has applied to the Community Development Director of Pitkin County, (" )Directml% pursuant to Section 2-20-150(b) of the 2406 Pitkin C xmty Land Use Code C'Code"), to amend a previously approved building envelope for allowing fill placement in a pasture, for construction of standalone solar panels, and construction of a new septic field for a designated historic residence. 1. The application was received after July 6*, 2006 and therefore is reviewed under the 2006 Land Use Code 2. The parcel is in the RS -20 zone district and contains approximately 18.4 ages. I The parcel is located at 10 Little Woody eek Read. PlD#: 2643 -103 -Up -{}1'7 (Legal Description, Attachment A). 4.. The parcel received 1041 Hazard Review approval pursuant to Hearing Officer Determination No. 43-2006 (Reception No. 529604). The building envelope was amended to construct a septic field pursuant to Administrative Decision. No. 15-2008 (Reception. No. 546845). The envelope was amended a second time for landscaping pursuant to Administrative [Decision No. 51-2408 (Reception. No. 550218). 5. The Woody Creek Caum and Planning Engineer were referred on the application and had no concerns. b: Oe Director finds that the request to amend the previously approved building envelope for solar panels, fill placement, and for construction of a septic field complies with the standards of section 2-20-150(b) and is subject to the conditions outlined below. APPROVED by the Director; subject to the following conditions: 1 The Applicant shall adhere to all material representations made during the application process. 2. All conditions of Administrative (Decision 43-2006 shall apply unless otherwise amended by this approval. 3. The Applicant shall submit an earthmoving permit which includes an extensive revegfttion plan that shall be approved by the Community Development Mpartrnent and the Pitkin County Land Manager. Financial security may be required in order to insure that the site is revegetated to County standards. A landscape plan that screens the scalar panels from Woody Creek Road shall also be submitted for review and approval. 4. Prior to permit approval the Applicant shall submit a stamped and engineered drainage and erosion control plan. A State Stormwater Permit shall be applied for and obtained if site disturbance is more than 1 acre. S. Applicant shall submit a conshw tion management plan with'tdleir application for a development permit. 6. Prior to submission of any future permits, the Applicant shall. be required to submit for approval by the County Attorney and Community Development a Site Plan with an amended Activity Envelope in accordance with Land.. Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. 7. Failure to comply with the conditions of this approval mal+ result in revocation of this approval, or any subsequent permit(s) or appmovai(s),related to this property, or vested rights associated with this property. APPROVED by the Directcx, this ."dary of 2009. A Cindy tFouben, RECEPTION#: 556760, 02127121109 at Community Development Director 12:18:36 PSA PID# 2643-103-00-017&14349 t OF 3, R $0.00 DOC Code ADMIN DECISION Janice K. Vas Caudill, Pitkin County, CO • PARCEL A tract of land s� In" SoutheastQUarfer of Ser�lah 9. t� £Orth Qttarkerr of Section 10, Wit �r Of Sediort 15, mid the MX#*ast rtOr of S 16, all in T�Ip 9 the Ste, � 85 Weser sof ftSbdh pdM* Msrldi n, Pltkkh County, �. rrsxrs fully described as fokws: The point of be n ttng being a point on fife NorEtt57V right of Way of t*Langdo Toil -Road. and on a tine bearing S r 4`25" E., a distance of 5.3'15.35 fee frwn the Norit►weat =ner of Section 10; 411ence N 28*62"W E, a distarm of 266.81 fees thence N 68*4W W. it distance C}f 36.31 f"k thence N 32.58'10' E, a O tance of 369.92 feet twerm N 55.33'SY W. a distance of 44,01 %K thence 14 3025W W, a dee n e of 135.83 fset; thence S 7T'11'iti" W. a distarice of 18.21 fast ftmm N 51'53' W. a of 289.33 feet; tttet40 S 13*102V W 8 dist ow of 869.60 feet to a point on the Noah 44 of way of the Lonado Toll Road; VWM S 7711451 Or E, a c9stanos of 19&20 feet 91DV the i+ O t sight of way of the l arado Toll Raed to the poli+# of beMnnhng. PARCEL R A tract of land Sbatmd 1n Lot 6 of Sscd" Ili and Lot 4 of SOd On 15. TOMOMP 9 South, Range a5 We$t of fire Sidi principal Merhfhen, WMdn County, COW40 t, lying tAVeeEarrly of aan iffVs iort ditch and Nortttesty of a County Road (known as the Lmmido Toll Road). gibed as follows: 50*sttng a a4xMt on the Nortfterfy line of said road whence the NorthvAW Oomer of sold Section 14 bears N 02*0426* W, 5315.35 irtet; tt*ncr N 28*52'50" E. 260,81 feel; ftn. ee N 6'8°4ytyi. fit', 36,3�'+f fepeytf ttie�im N 320567 0 5, 366.12 them N 55'33'40" W 44.91 feet t wve N 03267M W, 136.83 feet; #wee S�(( T7'"I11*10" W,}�16..y211 feet: Si 06T W, feet Owes N 3$'41'14" E, 287.71 %at, tater= S 72*41' E, 24T.84 feet, ffwm N 7802€1 E,160.81 feetF ttaeraar S 59"05' E, 278.92 feet to a point on said Ditch bank; thence S 131242W W, 94.29 feM edwV sold DIM bank, thence S 46'36; E„ '161.49 W a" said Ditch band thence S 38`3620" W. 518.85 toot a" seed Ditch bank; thenal S 40*6" W. 215.64 feast akxV Said Ditch bank; thence S 10'37";311'" W, 24O.64 feet along said Ditch lank to a paint on the Northerly boundary of said road, thence N 87'39' W, 89.12 feet atarg the Northerly boundary of said road; thence N 78"'3M4W' W. 336.38 feet akhrhg the Norffwty boundary of said moi to the paint of beginning. 140914-1 I . Tans ft the Yoar 2007, now s lien, bill W yet due or po"bie. 2. R1ght of ttta pro Or of a valor or kode to 0*04 or rerr�o" his ore tiw worn, ai "Id the ea be bund to perresWe or inle t ftpremises hereby yrantad as moved in United SWss Patrrtrts recorded August 27, 1M In Sock 55 et pop 12 and February 3, 1896 in Book 55 at pap 63 3. Right of way for +c ries or =016 corurtru by the authority of the UnW States as reserved in United ShA ss Patent rec ord9d November 4, 1946 In Book 171 at Page 186. 4. TWM,firms, Mvisions and obligation as $et forth in Ear amel% and License recorded May 6, 1965 in Book 212 at page "0 and Assignment rewde d May 6, 1965 in Book 212 at Page 542. 6. Covenants Mid Eeserrtanis as am forth in Deed recorded August 24, 1965 in Beit 215 at pages 62. 6. ie r", conditions, provisions and obligations as set truth In Easement recorded Match 24,1970 in Book 247 at Sage 600. 7. Terms, conditions, provisions and obligations, as set Fath in Grant of Easement recorded August 6, 19TH ler Book 248 at Page M. and in Assignments reewded July 3. 1973 In Book 277 at Page 488, November 22, 1939 in Book Still at Page 329 and November 22, 1869 to Sock s0g at Page 332. 8, Tanns, conditions, provisions and o*abons as set forth in Letter recorded OdDt w 20, 1981 in Book 416 at P 142. 9. Easement and right of way for an electric transmission or distribution line or system, as granted to Holy Gross Electric mon, 4nc., in Instrument recorded Mir+ch 20, 190 in Book 776 at Pap 734. 1 D. Tom -is, conditions, proviso and ob rw oas set forth in Trench, Gond uk and Vault Agreement with Holy Cross Electric Association Inc., recmded Match 20, 1995 in Book 77a at Page 736. 11. 'Parma, conditions, provisions, obiigatioros and all matters as sst foriPr in Resduti on of" -Board of County Commissiorwa recorded October 12.20W as Rwep&m Aio. 52#1716 88 Resolution NO. 124-200& 12, Temp, Vis, provisions and obligations as sat ionto in 081lefrninatian Of the •Neartrtl; Ott` recorded Ocft r 9.2i7Q6 as Reception No. $20604, 13. Twm, 00 icons, Provisions RM 0134986011s as set tft Im Dead 'Restriciim Agr+wtrient neroorded December 6, 2006 aro RecepWn No. 331891. 14. dents, rights of wavy and e3 n ac disdoseid on 1041 Herd Review Plat of subject Property recorded December 8, 2008 in Plat Book 82 of Page 12 as Reception No. 631956. 15. Easements for the Stitt Ditch, D"Avignon Dfth, claval Ufth, Harmon Ditch and w000 Ditch. 140814-1 ADWUNLSTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITKIN COUNTY, COLORADO, APPROVING THE 1954 COLORADO LN VESTMENT COMPANY MINOR AAIENDMENT 'TO ADEVELOPMENT PEP -NUT Administrative Decision No.5!,--2008 RECITAL 1954 Colorado Investment Corporation ("Applicant"), has applied to the Community Development Director of Pitkin County, ("DiftCtDe), . pursuant to Section 2-20-150(b) of the 2006 Pitkin County Land Use Code ("Code7% to amend a previously approved building envelope for landscaping purposes required by a previous land use approval. 1. The application was received after July e, 2006 and therefore is reviewed under the 2006 LAnd Use Code. 2. The parcel is in the RS -20 zone district and contains approximately 19.4 acres. 3. The parcel is located at 10 Little Woody Creek Road. PD)#. 2643-103-00-017 (Legal Description, Attachment A). 4. The parcel received 1041 Hazard Review approval pursuant tongO J D i No, 43-2 Heari fficer ation ctmn n 006 (Reception No. 529604). With this approval, the parcel was granted an historic designation and CDU approval and conditioned that prior to issuance of any building permits for a new residence, the Applicant submit a plan for landscaping that screens the residence from Woody Creek Road and removes/thins vegetation that blocks the view of the historic resource from Woody Creek Road. Most recently, the building envelope was amended to construct a septic field pursuant to Administrative Decision No. 15--2008. 5. The Woody Creek Caucus was referred on the application and their concerns have been addressed. The Historic Preservation Officer has reviewed and approved the proposal as required by Hearing Officer Determination No. 43-2006 subject to the conditions outlined below, 6. The Director finds that the request to winend the previously approved building envelope for landscaping is appropriate subject to the conditions outlined below. APPROVED by the Director, subject to the following conditions: I . The Applicant shall adhere to all material representations made during the application process, 2. All conditions of Administrative Decision 43-2006 and other applicable approvals shall apply unless otherwise amended by this approval. I The approved landscape plan shall be implemented prior to certificate of occupancy. 4. Prior to certificate of occupancy for the residence, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an amended Activity Envelope and landscape plan in accordance with Land Use Code Scction 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to ftndization and recordation. The Site plan shall also incorporate the following changes: a. Thin, replant, or remove vegetation on the comer of the property at Little Woody Creek Road and Woody Creek Road in effort to better view the historic ranch house; b Redraw the landscape envelope along Woody Creek approximately 85' to the cast 5. 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. APPROVED by the Director, this day of -I uj 2008. Cindy Community Development Director RECEP710N#: 550218,06/17J2008 at PM# 2643 -103 -OMI 7/P05"& 02:04-.31 PM, I OF .3. R $0.00 Doc Code ADMIN DECISION Janice K. Vas Caudill, Pitkin County, CO Attachment A Legal Description SUB:MII3 WOODY CREE —.__.�. ECTXWNANGY9-9-85 DESC: PARCEL A►- TR SIT IN SE4 OF SEC 9 THE SW4 OF s: !SEC 10 THE NW4 OF SEC 15 & THE NE4 jOF SEC 16-945 I#EGNNG BEING A PT 1OF THE N ROW OF THE LE'—NAD-'O TOLL RD '& ON A LINE BEARINGS 02 DEG 104'25"E 5315.35 FT FROM THE NW COR ;OF SEC 10 TH N 28 DEG 52'60"E T .266.91 FT TH N 58 DEG 40W 36.31 FT TH N 32 DEG 58' 10"E 366.22 FT TH N 55 DEG 33'60"W 44.91 FT TH N 03 DEG 2570"W 135.83 FT TH S 77 DEG I I'100W 16.21 FT TH N 51'53"W .289.23 FT TH S' 13 DEG 10'20"W 869.60 FT TC} A PT ON THE N ROW OF °THE LENADO TOLL RD "TFT S 77 DEG 45'10E 198.20 FT ALNG THE N ROW OF THE LENADO TOLL RD TO POB THIS LEGAL IS FROM PLAT BK 86 PG 69 W' t DEC: PARCEL. B- A TR OF LAND SIT 1N LOT 6 SEC 10 & LOT 4 SEC 15-9-85 LYING WLY OF AN IRRIGA TTON DITCH & -NLY OF LENADO TOLL RD BGNNG AT A ON THE NLY LINE OF RD WH THE COR. OF SEC 14 BEARS N 02 DEG--- 25"W EG_...'25"W 5315.35 FT TH N 28 DEG :52'50"E 266.81 FT TH '+t 68 DEG 40'W 36.31 FT TH N 32 DEG 58010"E 366.92 FT TH N 55 DEG 33'50"W 44.91 `FT TH N 03 DEG 26'20"W -TH S 77 DEG.1 I'10"W 16.21 FT TH N 51 DEG 53V 289.33 IFT TH N 36 DEG 41,'14"E 287.71 FT TH S 72 DEG 41'E '247.64 FT TH N 78 DEG 20"E 160.81 FF TH S 59 DEG 05TE 278.92 FT TO A PT ON SAID DITCH BANK TH S 13 DEG 24'20-W 94.29 FT ALNG SAID DITCH BANK TH S 46 DEG 3$'1:151»49 FT :ALNG SAID DITCH BANK TH S 38 DEG 36'20"W 516.85 FT ALNG SAID DITCH BANK TH S 40 YDEG 55'W 215.64 FT ,ALNG SAiD DITCH BAik T3I S 10 DEG .373€'V 240.54 FT ALNG SAID DITCH ,BANK TO A PT ON THE NLY BDARY OF SAID ROAD TH N 87 DEG 39'W 69,12 FT ALNG TH NLY BDARY OF SAID ROAD TH ;N 78 DEG 38'40"W 336,39 FT ALNG THE NLY BDARY OF SAID ROAD TO POB HI" LEGAL IS FROM PLAT BK 86 PG 69 CL t. C UWP 0 CO 0� zC zGNU lit CL O;t t� I ADWNISTRATIVE DECISION OF THE COMMUNITY DEVELOPMENT DIRECTOR OF PITIGN COUNTY, COLORADO, APPROVING THE 1954 COLORADO INVESTMENT CONVANY MINOR AbIENDMENT TO A DEVELOPMENT PERMIT � lu fir Q_-2008 RECITALS 1054 Colorado Investment Company ("Applicant"), has applied to the Community Development Director of Pitkin County, . ("Directors'), pursuant to Section 2-20-150(b) of the 2006 Pitkin County Land Use Code ("Code"), to amend a previously approved building envelope for septic field construction, 1. The application was received after July 6*, 2006 and therefore is reviewed under the 2006 Land Use Cale. 2- The parcel is in the RS -20 zone district and contains approximately 18.4 acres. 3. The parcel is located at 10 Little Woody Creek Road. PM#: 2643-103-WO17 (Legal Description, Attachment A). 4. The parcel received 1041 Hazard Review approval pursuant to Hearing Officer Determination No. 43-2006 (Reception No. 529604). With this approval the parcel was also granted an historic designation and CDU approval. 5. EH/NR commented on the application and stated the proposed envelope arriendment, has been sized accordingly to accommodate the septic field. The Woody Creek Caucus commented and had no concerns with the proposal. The area proposed for the septic field does not include any constrained arm, specifically; steep slopes or close proximity to a stream. 6. The Director finds that the request to amend the previously approved building envelope for septic purposes is appropriate subject to the conditions outlined below. APPROVED by the Director, subject to the following conditions: 1. The Applicant shall adhere to all material representations made during the application process. 2. All conditions of Administrative Decision 43-2006 shall apply unless otherwise amended by this approval. 3. Prior to submission of any future permit applications, the Applicant shall be required to submit for approval by the County Attomey and Community Development a Site Plan with an amended Activity Envelope in accordance with Land Use Code Section 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and recordation. The Site plan shall also incorporate the following changes: & Change the title to "Amended 1954 Colorado investment Company 1041 Site plan-, b. Change the Hearing Officer approval to Community Development Director approval; e. Name the amended envelope 10catiran as "amended septic envelope". 4. The Applicant shall obtain all necessary Permits From EH/NR for septic construction, 5. 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. APPROVED by the Director, this 2411., day of 2008. '.3 CiEi ouben, P'ECEPTION#: 08 at 546845 ()2/27/20 Community Development Development Directo()1.1943I PM# 2643 -103 -OM 17 1 OF 2, $()'00 Doc COde AVMIIV P167-07 DECISIoly Janice K. VOS Caudill, Pitkin Countyl, Co LEGAL DESCRIPTION PARCEL A: A tract of landsituate In tristtltset Quartet of Section 9, the Sutiiwest Quarts"Of Section 10, the NNorthwestQuarter of f�itkin Section 15, and the Northeast Quarter of Section 16, all in Township 9 South, Range 85 West Of the &h Principal County, Colorado, more fully described as foll0wV The point of beginning being a point of the North right of way of the Lane& 'Toil Road, and on a lire bearing S 02'04"0 E a distance of 5.315.355 feat from the Northwest corner of Section 10; thence N 28"52"511" E dlstame of 296.81106t theme N W411` W a distance of 36.31 feet; thence N 32'W10" E a distance of 366.2211 , them* N 55'33 0" W a distance of 44.91 feat; thence N 03*25W' W a "terve of 13&83 feet; thence S 77'11'117" W a distance of 16,21 fast, thence N 51'53' W a distance of 289.33 fact; theme $ I TI02T W a distance of 88,4.617 feet to a point on the North right of way of the Laredo Toll Road, thence 6 77" 45'10" E a distance of 198.20 feet along the North right of way of the Leriada Toll R0%d tO the Petit of b80N*V' PAROL. S; A tract of land situated in Lot 6 of Section 10 and Lot 4 of Section 15, Township 9 Scarth, Ramp 86 Vhd tif1111t Soh P**W Meridian, Pitkin County, Colorado, lying Westerly of an Irrigation ditch and NortierlY of a county toad (known *at* Lermia Tod Road), described is mows. Beginning at a point on the Northerly line of said road whence the Northwest comer of said Section 10 bars N 02.0410 W 5,315.35 feet, thence N 28'62'x}" E 26641 feet; thence N 68°4(' W 35.31 feet; thence N 32'59'10" E 3M.82ftst; thence N 55°33`6Ci W 44.91 feet, thence N 0302620" W 135.83 fest, thence 5 77'11'10" W 1S2i feet: thence N 51';53' W 28933 feat, thence N 313°41514" E 267.71 feet. thence S 72'41' E 247.84 feel; thence N 78*217 E 160.814601; thence S RV06' E 278.92 feet to a point on said ditch bank; thence S 13"24'20" W 94.29 feet along said ditch bank, thence S +16°38' E 181.49 feet along sold ditch bad thence S 38'3820" W 516.85 feat ajong said ditch bank; thence S 40056 W 215.64 feet along said ditch Faruk; thence 610"37'W W 240.54 feat mens said ditch bank to a point on the Northerly bogy of said road; thence N 87`39' W 89.12 feet along the Northerly Boundary of said road, thence N 78'38'40" W 336.39 feet along the Northerly boundary of said road to the point of beginning. f # . . -%— ATTACHMEN f'. -.,...M.4 529604 Page " I of 8 1111 Ell I 111111111111117111111111 1 1010912006 03:501 JANKE K VOS CAUDILL PITKIN COUNTY CO R S." 0 0.00 DETERMINATION OF THE HEARING OFFICER Of TIM COMMUNITY DEVELOPMENT DEPARTMENT OF PITKIN COUNTY, COLORADO, APPROVING THE COTTONWOOD TRUST HISTORIC DESIGNATION, 1041 HAZARD REVIEW, CONCEPTUAL SUBMISSION, SPECIAL REVrEW, GMQS EXEMPTION AND CARETAKER DWELLING UNIT Determination No.q3-2006 As RECITALS Cottonwood Trust (hereafter "Applicant") has applied to the Pitkin County Hearing officer (hereafter "Hearing Officer") to designate the property to the Historic Inventory, to establish building, access and landscape envelopes; to construct an additional single family residence on a Parcel containing historic resources, and to establish the parcel as a TDR receiver site to accommodate up to 5,000 square feet of additional floor area as part of the new dwelling unit In addition, 'the Applicant proposes to deed restrict the Homestead Cabin as a caretaker dwelling unit. 2. The property is located at 64 Little Woody Creek Road, and is more specifically described in Exhibit A. 3. The Property is zoned RS -20 and contains 18.4 acres, 4. There are three existing dwelling units, the Ranch House, Homestead Cabin and the Manager's House, The Ranch House and Homestead Cabin are historic, as are the Blacksmith Shop, Cow Barn, Chicken Coopl3unk House. There are several additional accessory buildings. S. The Applicant subivii1ted a complete application prior to July 6, 2006, therefore, the application is "S considered pursuant to the 1994 Land Use Code, as amended. 6. The Hearing Officer heard this application it a duly noticed public hearing on September 19, 2006, at which time evidence and testimony were presented with respect to this application, 7. The Hearing Officer finds that the historic structures are eligible for designation to the Pitkin County Historic Inventory, and that the property is consistent with the special review criteria for one additional single family residence on a parcel containing an historic structure(s). 8. The Hearing Officer further finds that the proposed building envelope is located on slopes of less than 15%. that the wildfire hazard is rated as low and can be mitigated, and that the envelope is set back a minimum of 20' from Little Woody Creek. 9. The Hearing Officer further finds that the requests to utilize a TDR for additional floor area and to construct a caretaker dwelling unit are consistent with the special review criteria, and that the proposed development otherwise complies with the applicable provisions of the Land Use Code, NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Community Development Hearing Officer that he does hereby desiLmate the Ranch Housc, Homestead Cabin, Blacksmith Shop, Cow Barn, and Chicken Coop/Bunk hiousz 10 the Pitkin County Historic Inventory. DE IT FURTHER RES,: Gt - �j by the Hearing Officer that approval is hereby gnvaej *'..- tt,, Cottonwood I rust I (A I I lazard.. i4 1, Ci 14xptual Subruission,.Special xcvicw,GMQS !,, I - if 41, P�!.! 89 1 a IS a 27 III oil 111111111111111111111 j 11111 12/06/2006 f JMtCE K VOS CAW" PITKI14 COUNTY Co 11 R 9. so DQ! 0012:56F 0 1 Jill 11111111 529604 Determination Ma -41-22006 1111111111 P*ge: 2 of Page 2 10/0912ftS 63:501 JANICE K VOS CAUDILL P179IN COUNTY CO R fl.ft 0 e." and Caretaker Dwelling Unit, subject to the following conditions, which shall run with the land and be binding on all successors in interest: I. The Applicants shall adhere to all conditions and material refire;4tUf6k.-made in the application and public meetings except as amended herein. 2. Prior to submission of any building or other development permit applications, the Applicant shall be 'required to submit for approval by the County Attorney and Community Development a 1041 Hazard Review Site Plan in accordance with Land Use Code Section 5-70-040, which shall depict the building and access envelopes. The above referenced approvals; shall be a condition precedent to finalization and recordation. The site plan shall be amended to identify the historic resources and to r identify the area within the building envelope where the new residencewill be located. 3. Concurrent with recordation of the 1041 site plan, the Applicant shall record a covenant in a form acceptable to the County Attorney in whichthe Applicant agrees to maintain the historic structures. The restoration of the structures shall comply with the Secretary of the Interior's Standards for Rehabilitation to the satisfaction of the County's Historic Preservation Officer. The covenant shall specify that any future alterations to the Ranch House shall be designed to reverse some of the earlier inappropriate alterations, by removal, replacement or reconstruction in a manner deemed appropriate by the Historic Preservatio; Officer. 4. Prior to submission of a septic permit for the new residence, the Applicant shall provide sufficient dmumentation to the Environmental Health and Natural Resources Department to establish that the well: (1) meets setback requirements, (2) meets the County's minimum requirements for an adequate water supply, and (3) meets the County's ISDS Regulation minimum requirements for adequate water quality. 5. If the non -historic addition to the Ranch House is removed, then the Applicant is eligible for 5,750 square feet of floor area exempt from growth management for the new residence. If the non -historic addition remains, in fullbr in part, the floor am of the addition shall be deducted from the amount available for the growth management exemption for the new residence. The existing floor area of the Ranch House, including the non -historic addition, is documented in Exhibit B. 6. At building permit application for the now residence, the Applicantshall surrender two TDR Certificates and a copy of the deed(s) evidencing the Applicant's acquisition of the Certificates (if applicable), in order to develop an additional 5,000 square feet of floor area for the new residence over and above the quantity of floor area permitted pursuant to Condition 0 5 above. The applicant shall make a good faith effort to acquire the TDR Certificates from properties within the Woody Creek planning area. It is recognized that it may not be possible to acquire'T'DRS from properties within the Woody Creek planning area at fair market value. The applicant may demonstrate to the Community Development Director that it was not possible to acquire TDRs within the planning area at a fair market value and in the alternative present TDR Certificates acquired from properties located outside the Woody Creek area. 7. Prior to the issuance of any building permits for the new residence, the Applicant shall: A. Obtain a septic system permit(s) from the Environmcritut I lealth & Natural Resources Department. The sewage disposal system(s) must be t4usigrcd by a registered professional engineer and shall be lcwatad within the approved building,.tnve!,,pu. B. Obtain fireplacc/woodstove permits front thu'*,wrienunity DuvOopnicnt I-X-partment, il'necc.%*,,ary. 531891 i lli! � � �) �1� P*96: 19 of 27 12/06/2M 12:50 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0.60 D G." Determination No._31_21(ru Page 3 C. D. E. F C" ' 529604 Page: 0f08l200E JANICE K VOS CAUDILL PtTxtN COUNTY CO R 0.00 D 0.4 Submit a drainage and erosion control plan for review and approval by the Planning Engines Pay the applicable road and housing impact fees. votain a driveway/access permit from the Planning Engineer for the driveway to the new residence. Submit a Construction Management Plast for review and approval by the Planning Engineer. The Plan shall address employee traffic and parking, construction vehicles, staging and deliveries. Submit a plan for landscaping within the landscape and building envelopes to the Community Development Department for review and approval by planning staff and the Historic Preservation Officer. The plan shall be implemented prior to final inspection of the new residence. Specifically, the plin shall address the following: 1) Removal or thinning of vegetation between the Ranch House and Woody Creek Road to provide views of the Ranch House to the public from the road. Existing vegetation may be replaced to provide a landscape scheme that is more compatible with the historic resources and maintains views of the resources from the road. 2) Screening of the new residence as seen from Woody Cre Adid and to separate the new residence from the historic structures. The screening shalt not detract from the historic resources. H. Remove or demolish the'manager's house. 8. Prior to commencement of any earthmoving or construction activity, the Applicant shalt stake the corners of the building envelope and install construction fencing around the perimeter of the building envelope. The fencing shall remain in place until a Certificate of Occupancy is issued for the residence. The Applicant shall comply with the following landscaping and wildfire defensible space mitigation standards: A. Within 10' of the furthermost projection of combustible construction of all structures, maintain vegetation at a height of 6" or less with mowed grass, low growing perennials -or hardscape. Woody vegetation shall not be planted within this perimeter. Trees or shrubs may be retained within this area, if the 10' area is extended outward from the furthest growth expected from the mature vegetation. B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels a minimum of a 35 foot perimeter around all structures. C. Spacing between clumps of brush and vegetation within and beyond the 35 foot perimeters shall be a minimum of two and a half times the height of the fuel. Maximum diameter of the clumps shall be two and a half times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. D. All branches from trees and brush within the 35 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. "free crown separation within the 35 foot perimeter shall have a minimum of 10 feet between the edges of the crowns. F. All branches that extend over the roof eaves shall be trimmed and all branches within 15 feet of the chimneys shalt be removed. G. The density of fuels within a 100 foot perimeter of all structures shall be reduced. H. All deadfall within the 100 foot perimeter shall be removed. 1. The applicant shalt bF responsible for the continued maintenance of the dcfcnsiblu space vcget stion re-4u:rt. *..;.t}a. 531891 ' Page: 20 of '27 jj ^0P.y �I r r .1�tICE K VO$ Gl�Jt7rLL PiT#CIN COUNTY CO R 2�6 t2.6t3F 0.00 tr 0.00 PO 529604 Determination No, 06 page, 4 of 8 111111111111111111111111111111111111111 Pu e 4 1111111111111 10/ 09/2006 03.50 JiNtICE K VOS CAUDILL PITKYN COUNTY CO R 0.00 d a.00 10. The ApOlicant 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. Wood shaketshingle roof coverings are prohibited. Roofs with less than a 3 12 pitch are not permitted unless they comply with the following: 1) All roof coverings shall be noncombustible materials and installed on a Class A roof assembly. 2) All roof coverings shall have a surface that shall facilitate the natural process of clearing 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 the adopted building code 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 building permit application. B. Vents shall be screened with corrosive resistant wire mesh with mesh'. inch maximum. C. Roofs and gutters shall be kept clear of debris, D. Yards shall be kept clear of all litter, slash, and flammable debris. E. All flammable materials shall be stored on a parallel contour a minimum of lS feet away from any structure. F. Weeds and grasses within the 10 foot perimeter shall be maintained to a height not more than 6 inches. G. Firewood/wood piles shall be stacked on a parallel contour a minimum of 15 feet away from the structure. X Swimming pools shall be accessible to Fire Department vehicles, 1. Fences shall be kept clear of brush and debris. . Wood fences shall not connect to the structure. 1C. - Any outbuildings or additional structures shall adhere to the same standards as structures. L. Fuel tanks shall be installed underground with an approved container, M. Propane tanks shall be installed according to NEPA 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. N. Each structure shall have a minimum of one 10 pound approved ABC fire extinguisher placed in a visible and accessible location. Q. Addresses shat l be clearly marked with 2 inch non-combustible letters and shall be visible and installed on a non-combustible post. P. Utility lines shall be buried within or along the driveway or within designated utility envelopes. 11. The Applicants shall comply with the fallowing wildlife mitigation conditions; Fencing outside of the building envelope shall comply with the wildlife compatible fencing regulations in the Land Use Code. Native vegetation shall be maintained outside of the building envelope, except as may be necessary to implement the wildfire mitigation measures required elsewhere in this document or to remove/thin vegetation that screens the historic Ranch douse. Weeds shall be controlled as per the ?itkin County Weed Management Plan. Provide waste storage that -nrii lies -with the County's Wildlife: Protection Ordinance. Verification of compliance sh-41 ` c p:r vidcd prior to issuance of certificate of occupy w r. Landscaping shall avoid rim %u,, or F,° -tit producing treses or shrubs. I l©rse hay shall be fenced. .&-, " . _. • game proof fencing. Py531991PO Page: 21 of 27 11 N1111131111111 12/06/2006 12:56F 3A�� NYCE K VO5 CgUIiILI PYTKYN COUNTY CO R 8.00 0 8.00 Delcriniration Page 5 529604 Page: 5 of 1112 ill Ili 1111 Ill 10/0912006 JANICE K VOS CAUOILL FITKIN COUNTY CO R 0.00 Q 0.90 G. Horse feed shall be kept in approved bear proof containers within the barn, 12. No development, including grading, excavation, fill placement, berming, landscaping, entry or ranch gates, septic system, well 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. Construction, staging, parking, utility and driveway extension and maintenance shall occur within the approved building or development envelopes. 13. The Applicant shall comply with all codes and requirements of the Aspen Fire Protection District, including but not limited to timse codes and requirements relating to turning around of fire equipment, art approved fire sprinkler system and adequate water supply (minimum of 20,000 gallons). 14. Exterior lighting shall comply with the Pitkin County lighting standards in effect at the time of installation. 15. All areas disturbed by construction shall- be revegetated to limit water consumption and additional runoff within one growing season after completion of construction. 16. T!ht caretaker dwelling unit shall be limited to 1,000 net livable square feet. The kitchen shall contain a minimum of a two burner-stove'with at ]east a 5 cubic foot Oven that can bake and broil, sink of Eit 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. A minimum Of one off strekn. parking space shall be provided for the unit. The Applicant shall provide one off-street parking space for each bedroom in the caretaker unit The caretaker dwelling unit mu have separately accessible utilities. This does not preclude shared utilities. must 17. Prior to submission of any building permits for the caretaker unit, the Applicartt 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. 18. Prior to issuance of aCe"cate 40CCupancy'for the caretaker dwelling unit, the Housing I may inspect: the unit in Office 19- Failure to comply WM these conditions of approval may result in revocation of this permit or any subsequent permits related to this property. 20. 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, S 4-140 and C.RS, S 24-68-105. The statutory vested rights granted herein shall expire on September 19, 2009. - 5311391 'go, 7-2 o 27 12/06/2ftS 12-M JANICE K VOS CAUDILL PITKIN COUNTY CO R 0,00 0 0.90 Z/V Dazerminafi2096 on No. 1—Dr Page 6 529504 Page: 6 of a 10/0912096 JANICE K VOS CAUDILL PITKIN COUNTY CO R 0. NOTICE OF -PUBLIC HEARING PUBLISHED IN THE ASPEN 13'h day of August, 2006, LBUSWEEKLYontbe APPROVED AND ADOPTED this 19* day of September, 2006. PUBLISHED AMR ADOPTION FOR VESTED REAL PROPERTY RIGHTS in the Aspen TimesWegkly onthe � day of-OZr— 20D6. ATTEST: 9)otq'/'-h " Bonnie Wacchtler, Administrative Assistwd APF ROVED AS TO FORM: John Ely, County Anomey P09"6; PID#264310300017 COMMUWN DEVELOPMENT DEPARTNIENIT HEARING OFFICER OF PITKN COUNTY, COLORADO Bye James �F-True, True, Hearing $ _g OW�� Date /0 APPROVED AS TO CONTENT. Ci;d-y •Wutii�, - Community Development Director P06-4 i 531891 ( � � �� Pago- 23 a 27 12/"/2006 12:56F JANICE K VDS CAUDILL PITKIN COUNTY CO R 0.9e D 0." EXHIBIT "A" LEGAL DESCRIPTION PARCEL A: A tract of land situate in the Soutneast Quarter of Section 9, the Southwest Quarter of Section 10, the qorthwest Quarter of Section 15. and the Northeast Ouarier of Section 16, all in Township 9 South, Range 85 West of tht 51h F'rincipal Meridian, Pitkin County, Colorado, more fully described as follows: The point of beginning being a point of the North right of way of the Lenado Toll Road, and on fine buaring S 02*04-25" E a distance of 5,315.35 feet from the Northwest comer of Section 10; thence N 28*52'50" E a distance of 266.81 feet; thence N 68*40'W a distance of 35.31 feet thence N 32*5&10' E a distance of 36622 feet-, thence N 55*33'50" W a distance of 44.91 feet thence N 03*25`20" W a distance of 135.83 feet thence S 77°11'10" W a distance of 16.21 feet thence N 51"53' W a distance of 289.33 feet thence S 13"10'20" W a distance of 869.60 feet to a point an the North right of way of the Leriado Toll Road; thence S, 77'45*10" E a distance of 198.20 feet alongthe North right of way of the Lenado Toll Road t) the point of beginning. PARCELS: A tract of land situated in Lot 6 of Section 10 and Lot 4 of Section 15, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, lying Westerly of an irrigation aitch and Northerly of a cos. my road (known as the Lenado Tog Road), described as follows: Beginning at a point on the Northeriy line of said road whence the Northwest comer of said Section 10 beats N,02*0425" W 5,315.35 feet, thence N 28'52'50- E 266.81 feet thence N 68"4(r W 36.31 feet thence N 32'58'10" E 366.92 feet thence N 55°33'50" W 44.91 feet thence IN 03025"20" W 135.83 feet thence S 7'7"11'10" W 16.21 feet thence N 51*53'W 289.33 feet trience N 36"41'14' E 287.71 feet thence S 72041'E 247.134 feet thence N 76*20'E 160.81 feet py thence S 59'05` E 278.92 feet to a point on said ditch bank; thence S 13*24'20" W 94.29 feet along said ditch bank; thence S 460381 E 161.49 feet along said ditch bank; thence S 38*36'20" W 516.85 feet along said ditch bank; thence S 40"55' W 215.64 feet along said ditch bank; thence S 10037'30' W 240.54 feet along said ditch bank to a point on the Northerly boundary of said road; thence N 87*39'W 69.12 feet along the Northerly boundary of said road; Lhence N 78'38*40" W 336.39 feet along the Northerly boundary of said road to the point of beginninq. 531891 Page: 24 of 27 1111111191 Bill I IBM III M1 III III11 12/06/2006 12:56F JANICE K VOS CAUDILL PITKIN C"TY GO R 9.00 D OM Oil 29604 Sge: 7 of b JANICE N Wlf Be I/j, IM WMAS 11AVU-1 AIM *10 p h I I s. -r L -.,r s c— pkas rr gm 104 IAIN IRANCH QUE i I ­ ... - I a..r. a A— I,— I l i'tir.' L./ V'. 1 5 0 a FT. I -r or. c... g41 lig •r D PMSIONS 'I= 10421 COLOROO Stolz -M-) 927-2444 0 C) were - w-, C74r; AsU t -ri a, 1-0 1,%i sTtxc. t k0 %A%, 0010 LMLE MOW 529604 03,50 E 'TA C." H M E NT --5 The Secretary of the Interior! Standards for s Rehabilitatioll and Guidelines for Rehabilitating Historic Buildings U, S. Dcpart,11clU or L11C 41tenor Nailn't-11 Park Scr%-jCc I Ic", age Presmalim, scmic*$ Washington. D.c, "I- b*tvrfrn AN.; ,ityr }XK1N. Z 11001"4, fir j%14jr- %r%, 5318910 P494: 2*f 27 11111111111111111111111111111111 12/06/2ft6 12:56F JANICE K vOS CAUDILL PITKIN COUNTY CO R 0,00 D 0. 00 931899 111111111111 lull 11111 ill Mill 11111111Pa" 6/2006 12:56F 111 I I I Ill..... JANICE K VOS CAUDILL DITKIN COUNTY CO R 0.00 D 0.00 r ^. w Tjw. �..y Ic .1 o 1w 40 �i � � moi. #1 � Y � 'w7 y �• r^�� M a .iM1 C 4yr tl. LN1 �C..'Q ii. .1 Q a i4 to y Im ol +oo A u 3 te ♦ 4 w lot A � 931899 111111111111 lull 11111 ill Mill 11111111Pa" 6/2006 12:56F 111 I I I Ill..... JANICE K VOS CAUDILL DITKIN COUNTY CO R 0.00 D 0.00 DEEB RESTRICTION AGREEMENT FOR THE PRESERVATION OF HISTORIC RESOURCES THIS DEED RESTRICTION AGREEMENT FOR THE PRESERVATION AND MAINTENANCE OF HISTORIC RESOURCES (the "Agreement") is made and entered into this day of *,,, 2006, by Cottonwood Trust (hereinafter referred to herein jointly as "Declarant"), and Pitkin County, Colorado ("the County"). This Agreement shall run with the land described herein and be binding upon the successors and assigns of the parties hereto, subject to the terms and conditions set forth herein. RECITALS A. Declarant owns the real property described as 64 Little Woody Creek Road or Parcel ID 2643-143-00-017 more specifically described in Attachment I ("the property"). B. The property is commonly know as the Historic Arlian Ranch. C. There are three existing dwellings on the property, the Ranch House, Homestead Cabin and the Manager's House. The Ranch House and Homestead Cabin are historic, as are the Blacksmith Shop, Cow Barn and Chicken Coop/Bunk House. There are several additional accessory buildings. Attachment 2 depicts the location of the structures and Attachment 3 depicts photos of the existing structures on the property. Declarant is the owner of the Historic Arlian Ranch which was designated and placed on the Pitkin County Historic Inventory pursuant to Pitkin Hearing Officer Determination No. 43-200+5, reception# 529604 (see Attachment 4) which was approved on September 19, 2006. D. The Pitkin County Hearing Officer approved a Residential Growth Management Quota System exemption for one additional single family residence on a parcel containing an historic structures pursuant to Pitkin County Hearing Officer Determination No. 43-2006 (the "Determination") which appears as Attachment 4.. E. This Deed Restriction Agreement is intended by the parties to satisfy the requirements of the Determination, condition 3 which requires this covenant at the time of'the recording of the 1041 site plan. NOW, THEREFORE, Declarant hereby represents, covenants and agrees as follows: Restoration and MainloWg a Declarant agrees to assume the total costs of restoration and continued maintenance, repair, and administration of the property, in a manner that complies with the attached U.S. Secretary Of the Interior's Standards for the Treatment of Historic Properties (1995) as they may be amended from time to time as interpreted by the Pitkin County Historic Preservation Officer (which have been codified at 36 C.R.F. SS68.1 through 68.3), spa as to preserve the architectural, historical, archaeological, cultural, and/or engineering integrity of its features, materials, appearance, and workmanship in order to protect and enhance those significant characteristics which qualify it for historic preservation treatment. A copy of the Interior Secretary standards as they exist on the date of recordation of this covenant is attached hereto as Attachment 5. 531891 Pagr: t of 27 11111 mill 111�11111 N11111111 �1 1111 12/06128@6 12:56F 2ANtCE K VOS CAMIU. PrTKiN COUNTY CO R 0.00 Q 0.00 NOV 1 4 2006 PITKIN Coty►d , 8t.fit !NCY DEPARTAP� Fa Dclarant shall complete any future restoration of the property In general compliance with e Determination, &.&%—Jm om Declarant agrees that the County in no way assumes any obligation whatsoever for restoring, maintaining, repairing, or administering the property covered by this Deed Restriction Agreement. However, the County shall be entitled to enforce this Deed Restriction Agreement. 3. Irk tin !111111,1111i -Comaliance. Declarant agrees that the County shall have the right to request inspection of the exterior of the historic structures to assure compliance with this Deed Restriction Agreement, which request Declarant shall not unreasonably deny. Notice of any inspection of the historic structures by the County shall be pursuant to section 12 Of this Deed Restriction Agreement at such times and upon such notice to Dcclarant as Declarant may reasonably require. Any inspection carried Out Pursuant to this Paragraph shall be conducted in the presence of Declarant, if it wishes to be present. The purpose of such inspection shall be to ascertain whether the terms of this Deed Restriction Agreement have been and are being met and to insure compliance with the terms of this Deed Restriction Agreement. The Declarant or its representative shall have the right to be present at any inspection conducted by the County pursuant to this Paragraph. 4. Alterations. Declarant agrees that any restoration of the Historic Arlian Ranch shall be in accordance with the Determination, and no significant alterations shall be made to the exterior of the historic structures without the approval of the Pitkin County Historic Preservation Officer. Any future alterations to the Ranch House shall be designed to reverse some of the earlier inappropriate alterations, by removal, replacement or reconstruction in a manner deemed appropriate by the Historic Preservation Officer, 5. sem. Declarant agrees that property shall be used for residential purposes only. There shall be, no change in the use of the historic structures without the prior written consent of the County. 6. Standards for Review ., Review andapproval of any proposed construction, alteration, rehabilitation or relocation of the historic structures, shall be evaluated by the Pitkin County Historic Preservation Officer through use of the Interior Secretary Standards attached hereto as Attachment 5. Declarant agrees to abide by the Interior Secretary Standards in performing any restoration, construction, alteration, rehabilitation, or relocation of the historic structures (see Attachment 5). 7. Public Purpose. Dedarant agrees that all changes to the historic structures shall be in the spirit of contributing to the public purpose of protecting and preserving the historic structures in conformance with the Standards for Review, 8. Continuatign. In the event that any component part or parts of the Historic Arlian Ranch are destroyed or substantially damaged through no willful action or negligence of the Declarant, and only if it is jointly determined by Declarant and the County that the affected structures or features are to be preserved and not removed, all obligations contained in this Deed Restriction Agreement shall continue unabated. In the event that the Historic Arlian 2 531891 Page: 2 of 27 12/06/2096 12:56F PW] LL PITK T Y CO R 0, 90 D a." El Ranch is damaged or destroyed through the willful action or gross negligence of Declarant, the County may initiate such administrative or judicial actions as it deems to be legally available and appropriate. 9, Reserved — rved, I of Declarant Declarant shall have all tights to utilize the historic structures and the property not specifically limited or restricted by this Deed Restriction Agreement. Notwithstanding the last sentence, Declarant shall take no action which is materially detrimental to the Purposes of this Deed Restriction Agreement, 10. Binding on Successors to.Decl t, Enforcement- A home s* Fees,This Deed restriction Agreement shall be a binding servitude, and shall run with the land and be binding upon Declarant, its successors, transferees, and assigns, in perpetuity, unless terminated by the terms of this Deed Restriction Agreement or by voluntarily relinquishment bythe County. The County has the ability to fix and repair the historic structures consistent w standards ofthis deed restriction agreement and collect costs from with the the Dec larant for such repairs, in the event that the Declarant fails to do so after reasonable notice in writing and opportunity to cure from the County. It is explicitly agreed by the parties here ha to that this Deed Restriction Agreement shall be enforceable in the courts of the state of Colorado; and that in the event an action to enforce this Deed Restriction Agreement is brought, that the party or parties which substantially prevail in any such enforcement action shall be entitled to recover from the non -prevailing party(ies) the fall cost of such action (including reasonable attorneys, fees and costs). The County may enforce the terms of this Agreement through actions for damages or injunctive relief for both. M Exercise of Rigbk an4 Homd—ics. Failure of the County to exercise any right or remedy granted under this Deed Restriction Agreement shaJ1 not be a waiver of any breach of the agreement or rights or remedies to enforce the agreement provided however, after notice of a violation pursuant to Section 12, if the County fails to knowingly enforce a provision of this agreement for five years it waives it's right to do so. 12. NPtges. Any inspection carried out pursuant to Section 3 of this agreement shall be at such times and upon such notice to Declarant as Declarant may reasonably require. Any notice allowed or required by this Paragraph shall be served on Declarant, At the time of the execution of this Deed Restriction Agreement, Cottonwood Trust's designated representative was Irving Azoff, 1100 Glendon Avenue, Suite 2000 Los Angeles, CA. 90024 The Declarant may change its designated representative at any time. Any notice, consent or approval which is required to be given hereunder shall be given by certified mail, return receipt requested, properly addressed and with postage fully prepaid, to any address provided herein or to any subsequent mailing address of the party as long as prior written notice of the change of address has been given to the other parties to this Agreement; or by fax. In the case of faxed notice, there shall be duplicate mailed notice to insure that faxed notice is received. All such notices shall be effective seven days following the date the notice was deposited in the U.S. Mail or laxed. Said notices, consents and approvals shall be sent or faxed to the parties hereto at the following addresses unless otherwise notified in writing: 3 ii531891 P&90: 3 of 27 JAP41M K VOS. C 12/06/20W 12:5W AUDI LL PITKIN COUNTY CO R 0 0.00 To Declarant: Cottonwood Trust clo Irving Azoff 1100 Glendon Avenue Suite 2000 Los Angeles, CA. 90024 (310) 2093131 (Phone) (310) 209-3132 (Fax) To County: Pitkin County Community Development Director 530 E. Main Street Aspen CO 8161 I 970-920-9439 (Fax #) 13. 5SY-e-ra-hil-ity. Whenever possible, each provision of this agreement document shall be interpreted in such a manner as to and any other related be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invaliding the remaining provisions of such document. 14. Choice of Law. This Agreement and each and every related document into be governed and construed in accordance with the laws of the State of Colorado. 15- 5MMS—SO—M. Except as otherwise provided herein, the Provisions and covenants contained herein shall inure to and be binding upon the heirs, successors and assigns of the parties. 16. Section Heath D s. Paragraph or sect .L_ M ion headings within this Agreement are inserted solely for convenience of reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 17- W Aliver. No claim of waiver, consent or acquiescence with respect to Agreement shall be valid against any party hereto except on the any provision of this basis of a written instrumOt texecuted by the Parties to this Agreement. However, the Party for whose benefit a condition is inserted herein shall have, the unilateral right to waive such condition. 18. !Qender and N _umbe . Whenever the context so requires herein, the neuter gender shall include any or all genders and vice versa and the use of the singular shall include the plural and vice versa. 19. Further Actions. The parties to this Agreement agree to execute such further documents and take such further actions as may be reasonably required to cry out the provisions intent of this Agreement or any agreement or document relating harereto or entered into inand connection herewith. 20. Modi—fic—a-fio—n-s, The parties to this Agreement agree that any modifications ofthis effective only when made by writings signed by both patties and Agreement shall be effthi recorded with the Clerk and Recorder of Pitkin County, Colorado. 531891 ;1424k: 4 of 27 12/05/20es 12:56F AUDILL PZTXIN COLNTV co R0.09 0 0.00 IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above -written. DECLARANT BY: PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT BY:'r tA,0. .1 Ltrt+ Cin y Houb Naiiwre:-.' M Director List of Attachments 1. Legal Description 2. Historic Arlian Ranch Existing Conditions map 3, Photos of the Historic Adian Ruch 4. Pitkin Hearing Officer Determination Number No, 43-200 5. Secretary of Interior's Standards for Rehabilitation 91 5 of 27 P1421/1"112006 12:56F JANICE K V06 CAUWDILL PITKIN COLWTY Co D 0. of 5 0 "ON Ifto C0MMITMENT 1`011TITLE INSURANCE SCIIEDULF.- A rfW'vt-' D" 1(-' DrUCEMIM-f 16, 2005 at R, W AM S PfAvY Of 11011cesto he 1. Sued. (a) /, 1, TA OWN. -en Policy -Form 199,2 Prwosw Insoxe& (b) Al TA t.GaIV poliCy-Form 1992 NoPosed Insurea- (C) ALTA Loan Poky -Form 1992 PrOPOsed Insured, CaSe No. PCT202WPRO Arnr)unt$ 0 00 Premiums no Rate: AmountS 0 ()o Premiums 0.00 Rate: Amount$ Premium$ Rate: Tax Research: $ 3, Title to the FEE SIMPLE estate or interest in the land described or referred t this Comm effective date hereof vested in: * in ihn Irlt is at the CHARLES SUMMERALL AND IRVING AZOFF, TRUSTEES OF THE CCTTONWooD TRUE T DATED JANUARY 8, 1997 4. The land referred to in this Commitment is situated in the County ofPITKW state of COLORAE 0 and is dFIscribed as 1,0,,Iowv See Attached Exhibit ,*A- PrM"4 Cot;%*TV TME VVC. 601 L aSrEx Co. 8161, Schedule A -PG.! 170 .*23-1766 0321 Fax This COMrnitmei it is invalid 341-°2 Toll Free unless the Ingurl Ig Al:'rIsj0Rl7.EDProvisions and Ec Chedules .ICF?�:T A and 8 are atta,hed. Countersigned: 531891 P890: 6 of 27 111111 12/96/20M 12:56; JANICE 9 VOG C " ILL PtTKI CO It 0 else I C6 - LAE_� wr in EXHIBIT "Kg LEGAL DESCRIPTION PAKC.EL A A tract of land situate in the Southeast Quartet of Section 9, the Southwest Quarter of Section 10. the 4orthwest Quarter of ";ectinti 15. and the Northeast Quarter of Section 16, all in Township 9 South, Rancle 95 West of the 6th Principal Mt-isdiaa, Pitkin County, Colorado, more fully rjescribecl as fotlowsr: I The point of beginning being a point of the North right of way of the Lenado Toli Road, and on a line boaring S 02*04'25- E a distance of 5,315.35 feet from the Northwest corner of Section 10; trience N 28*52'59' E a distance of 266.81 feet; thence N 68*40'W a distance of A1.31 feet; thence N 32'58'10' E a distance of 366.92 feet: thence N 55*33'50'W a distance of 44 91 feet: thence N 03'25'20' W a distance of 135,83 feer, thence S 77'1 V()' W a distance of 16,21 feet-, thence N 51*53'W a distance of 289.33 feet, thence 13"400'20" W a distance of 869.60 feet to a ooint on the North right of way rt the Lenado Toll Road: thence 3 77*4619' E a distance of 198.20 feet along the North right of way of the Lenado Toll Road t ) the point of beginning. PARCEL B: A tract of land situated in Lot 6 of Section 10 and Lot 4 of Section 15, Township 9 South, Range 85 West of the Sib Principal Meridian, Pitkin County, Colorado. lying Westerly of an irrigation ditch and Northerly of a cot my road (known as the Lenado Toll Road), described as follows: Beginning at a point on the Northerly line of said road whence the Northwest corner of said Section 13 bears N 02*04*25" W 5.315.35 feet thence M 28'52'50" E 266.81 feet: thence N 68'40'W 36.31 feet, thence N 32*58'10" E 366,92 feet: thence N 55*33'50" W 44.91 feet; thence N 03*2520P W 135.83 feet; thence S 77*11'10" W 16.21 feet thence N 51°53' W 289.33 ffto-t thence N 36*41'14'* E 287,71 feet, thence S 72'41' E 247,84 feet: thence N 78*2V E 160.81 feet; thence S 59'05' E 278.92 feet to a point on said ditch bank: thence S 13°24'21#" W 94.29 feet along said ditch bank-, thence S 46*38' E 161.49 feet along said ditch bank: ,hence S 38*36'20" W 516.85 feet along said ditcri oank. thence S 40*55'W 215.64 feet along said ditch bank: thence S 10*37*30" W 240,54 feet along said ditch bank to a point on the Northerly boundary of said road; thence N 87*39" W 69.12 feet along the Northerly boundary of said road*. thence N 78'38'40" W 336,39 feet along the Northerly boundary of said road to the point of beginnin 1. 531891 Pogo: 8 of 27 11111111111111111111111111111111111 12/05/2066 12i56F JANICE K V08 CAUDILL PITKIN CouNTy DO it 9.08 D 8,00 rr/ r.✓ ATTACHMENT 3_ phaftemphs Historic Arlan Ranch The Arnan Family Jenny, Palrnira (front), Margaret, Josephine, Linda (front), Laurent, Briece (PhotO Courtesy of Earl Elmnt) 531891 1111111 loll 1111111111 X11 1111111111111111111111 12/06/2006 �12.38F JANICE K VOS CAUDILL PMIN COMITY CO R 0.60 B 0.00 11 Arl"ran House page historic photos 1a Notation on back. "Laurent & Josephine [Ariian] Now house at Woody Creek built in 1827 by Peter Zordoz for $2000" (courtesy of Linda Arun (Nelson) 1 a1 Natation on back: "Laurent &.Josephine Athan house at Woody Creek" (courtesy of Linda Arfian Nelson) 1a2 Taken in 1959 (Courtesy of Virginia Cerise) 1a3 Ealy 1950s? (courtesy of Virginia Cerise) 531891 Page; tO of 27 111P 1111111 JANICE K VOS CAUDILL PITKiN COUNTY CO R 0.00 12lO6/2006 0012;56F Homestead Cabin page 2 historic photos gal Briece Arlian in front of cabin in 1930s? (Courtesy of Linda Arlian Nelson) 2a2 about 1925 Linda Arlian in doorway about age 6; her father Laurent Arlian in front (Courtesy of Linda Arlian Nelson) I 1CO 0 .531891 PS94 : 11 0 27 N 111111111111111111111111111111 12/06/2M 12: SU JANICE K VWOS ORWILL PITKIN COUNty CO R S.ft O IbI West facade k. 0: I W Porch looking South ArRan House page 3 current photos vr 1 b2 West facade 1b4 Door into dining room Jill 531891 Polit: 12 of 27 11111 ff I 11111111111111 12/06/2606 12; 56f I K VOS C140ILL PITXIN COUNTY CO R 0.00 D 0.00 1b5 North facade 1 X39 East fwact with edcRoon 531891 to the right PaQ*; 13 or 27 lzr e$/ZSft i2,5#5� JRNTGE K iIOS CAlXiflL PITKIN COUNTY CO' I2 0.00 0 g E= Arlian House page 5 addition addi original Corner of main house, now inside new addition add12 South facade showing kitchen window 'add13 east facade sun room 6e: %5 of 27 1111111 31891 IM111111 12/06/20M 12:569 JANICE K VOG CAUDILL PITKIN COUNTY CO R 0.00 A 0.00 2b HW*t iMM of cabin (South facade) Hoonestead Cabin page 6 current photos 2bl Old front door (facing VV00dy Creek Road) 40 4 0 lei* It *77.- 2b3 East side 2b2 corner log detail 2b5 West side 2h4 Current front of cabin Blacksmith Shop I page 7 current photos ow am um rye' K. 1111111111,1111111111111111111111111111111111111 531891 Page: 16 cf 27 lill 12/06/20" ,IRNI{ K VtsS CquDllt pYTKitd COUNTY CO D 00� 12.56 R 8.00 D 0.00 4b3 4b2 EN 5b2 Chicken Coop page g & Bunk House T 37 � 0 4--- Wil ----4 t 3y� VOLA ra LAS JA bJA 6cJJ Y�1,4N r� f-- tet' --=� f 34' l5 / �\C- cZ> 0 -1t -C �aqr - zlb' r '�- ' ; d j tvq e IT i is 1 ' i { i Z CAj �.l T v� w N > ' o0� 0C z C7 tv ---� O <0 Wom MWL 0 V/;u ♦ ��_ ♦♦♦ arrow W V 60m -e -q O T:r �? 0 � 0 0 S, E 0 7-i fro, D