HomeMy WebLinkAboutpitkin.eh.273503200021 (1999)7
9
Aspen/Pitkin Environmental Health Department
Permit for an Individual Sewage Disposal System
130 S. Galena St. Aspen, Colorado 81611
Phone 970-920-5070 / FAX 970-920-5074
Permit # 99101 Parcel ID # 2735-032-00-021
Type of permit New( ) Repair( ) Addition to House( x )
Name of Owner Saul & Sally Barnett
Street Address 0039 Pole Cat Rd., Aspen, CO 81611
Property legal description Lot 19, Section 3, Aspen Oaks Subdivision
Size of lot 5.029 acres
Water source private well
# of bedrooms in house 2
Caretaker unit n/a
# of bedrooms in caretaker unit
Designed for what # rooms (list)
Designed by
Mailing Address
Perc rate 14
Total square footage of the house
1900
# of offices, lofts & similar sized rooms in house
Total square footage of the caretaker unit
3 (three)
# of offices, lofts & similar sized rooms in caretaker unit
Permit information
High Country Engineering, Derrick Walter
923 Cooper Avenue, Glenwood Springs, CO 81601
Profile hole depth 8 1/2 ft Depth to groundwater or bedrock
Septic tank capacity _1000 gallons Absorption area 427 sq ft
Comments
unknown
Septic permit approved per compliance with the engineer design and specifications dated November 19,1999.
Any changes must be approved by this department and the design engineer prior to them being made.
Minimum horizontal distances between components of the system and physical features shall conform to the Pitkin
County ISDS regulations. Setback from the absorption field to the well must be at least 100 feet.
This department does riot endorse any brand of products.
Existing 750 gallon tank will be replaced with a 1000 gallon tank. Existing absorption field will be abandoned and a
bed system will be installed consisting of 28 Infiltrator Units (4 x 7). Installation of this system must be inspected by
this Department and the Engineer.
Permit approved by: E� (Z Ilc Date: 22- 1J
Plans and specifications of the proposed individual sewage disposal system have been reviewed and are considered
satisfactory. Permission is hereby granted to the owner or the agent to perform the work indicated in accordance with the Pitkin
County ISDS Regulation in effect at the time of issue. This permit becomes invalid 6 months from the date that the permit was
issued unless system construction has commenced or an extension has been approved in writing by the Department.
As -built drawings must be included with this permit before the final approval will be issued.
Installer:
Final inspection approval
� /tel 1 0 v y,, �A'_'l
6
Date: 2--- t) (D
Memo
To: Carla Block, Pitkin County
From: Deron Dircksen
Date: 9-9-03
Re: Sally Barnett ISDS, HCE Job # 99004.43
U
Carla,
This memo is per your phone conversation with Roger Neal. I researched the displacement
of the proposed pump and accessories and it is less than the extra storage space (15.6 gallons)
in the septic tank. The pump is 4" in diameter with a height of 22" which gives a volume of
1.2 gallons. The filter cartridge allows effluent to be within the cartridge so this volume is
minimal. The floats for the system are also minimal in volume. With the pump and all the
accessories, the system will not displace more than the 15.6 gallons.
Thanks,
Deron Dircksen, E.I.
1517 Blake Avenue, Suite 101
Glenwood Springs, CO 81601
Telephone (970) 945-8676 - Fax (970) 945-2555
Roger Neal P.E.
g I►
14 Inverness Drive East Suite D-136
Englewood, CO 80112
Telephone (303) 925-0544 - Fax (303) 925-0547
..-..
July 5, 2000
Carla Block
Pitkin County Environmental Health
130 South Galena
Aspen, CO 81601
Re: Barnett ISDS — 39 Pole Cat Drive, Pitkin County, CO
HCE File Number 99004.43
Dear Carla:
On June 21, 2000, High Country Engineering personnel observed the construction of the ISDS
located at 39 Pole Cat Drive in Pitkin County. The existing septic tank had been replaced with a
1000 -gallon septic tank and 28 Infiltrator units had been installed, but no backfilling had taken
place. New sewer pipe had been installed with a 45° bend before the tank and a pipe length of
approximately 135 if between the tank and the absorption field. No cleanouts had been installed
at the bend or at every 100 if of sewer pipe. A couple of inspection wells were also absent in the
new absorption field. The contractor was informed of the necessity of these components and has
agreed to install them as advised. Otherwise, the installation of the system was in conformance
with the intent of the design. Enclosed is a copy of the as -constructed measurements and
photographs for your file.
If you have any questions, or need additional information, please contact us.
Sincerely,
HIGH CO Y EN
Roger D. Neal, P.E.
Project Manager
RDN/djw
Ce: Saul Barnett
9SI0PrP��- �
923 Cooper Avenue 14 Inverness Drive East, Ste B-144
Glenwood Springs, CO 81601 Englewood, CO 80112
phone 970 945-8676 • fax 970 945-2555 phone 303 925-0544 • fax 303 925-0547
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JUN 21 '00 01:56PM MCFLYNN PICKETT WHITSITT
WHITSITT W GROSS, F.C.
TIMOTHY E. WHITSITT
ERIC J. GRoss*
*Advo admitted ho AQaadfMAURFttn
L A W Y E R S
580 MAIN STREET, SUITE 210
CARBONDALE, C01,0RADO 81623
June 21, 2000
VIA FA SIMILE: 920-5074
Nancy MacKenzie
Pitkin County Bnvironmental Health
Re: 39 Pole Cat Drive, Aspen Oak Subdivision
Dear Nancy:
P.1
MARTHA C. PIC=
OR COU14SEL
To confirm our telephone discussion of yesterday, this office represents Joyce AmiCO and
Charles Malkemus of 477 Aspen Oak Drive in Pitkin County. I understand your office issued a
permit for anew septic system at Trot 10 Aspen Oak Subdivision (39 Pole Cat Drive) to Saul
Barnett. Apparently, the survey submitted with the application did not show the approved sire
was in the subdivision common woa eascdmont. Attached is a copy of the legal action filed
yesterday in this matter. It is our client's position that any relocation of improvements must be
done on the area of Lot 10 which is not encumbered by the common area easement. We ask that
no final approval to this application be granted until the Court rales on this matter.
Thank you.
Yours truly,
Whitsitt & Gross, P.C.
By:
Eri .Gros
EJC/wfc
Att.
L:IDatalaaaDataIAMICO\8u ttarmilk\PCEHLETTER. b-21.00. doc
Tr,sapxoNF; (970) 968-6666 FACSIMILE: (970) 963-6667 wh.itaitt@cdatelaw.corA groas@cdatetaw.cwn rrrpickett@rmi.org
JUN 21 '00 01.56PM MCFLYNN PICKETT WHITSITT P.2
DISTRICT COURT, PIxICIN COUNTY, COLORADO
Case No. 00 CV
PETITION FOR 'TEMPORARY RES'T'RAINING ORDER AND PRELIMINARY
INJUNCTION
JOYCE AMIGO and CHARLES MALICEMUS,
Petitioners,
vs.
SAUL BARNETT AND SALLY BARNETT,
Respondents.
COME NOW Petitioners Joyce Alnico and Charles Malkemus ("Petitioners"), by and
through -their attorney and for their Petition for Temporary Restraining Order and Preliminary
injunction state and aver as follows:
,Parties, Jurisdiction, tle':xie
1. Petitioners are residents of Pitkin Colony and are owners of the real property located
at 477 Aspen Oak Drive, Aspen Oak Subdivision,
2 Respondents are residents of Pitkin County, Colorado, with a street address of 403
West Hallam Street, Aspen, Colorado 81611.
3 Respondents are the owners of property situated in Pitkin County in the Aspen Oak
Subdivision at Lot 10, 39 Polecat Drive, Aspen, Colorado.
4 Jurisdiction of this Court arises under Article VI, Sec. 9 Colorado Constitution.
5 Venue of this Court is proper under Rule 98, C,R.C.P. owing to the location of the
land in Pitkin County, Colorado.
i
Nature of the .Petition
6 By this Petition, Petitioners seek a temporary restraining order and a preliminary
injunction prohibiting Respondents from continuing to excavate an area of the Common Area
easement ("Common Area") depicted oil the Plat of the Aspen Oak Subdivision recorded at Book
JUN 21 '00 01:56PM MCFLYNN PICKETT WHITSITT
P.3
Amico v. Barnett
Pitkin County Court Case No. 00 CV _
Petition for Temporary Restraining Order Under Rule 65 C.R.C.P.
Page 2
277 page 400 of the Pitkin County records ("Plat") and attached as Exhibit A to the Declaration of
Protective Covenants for Aspen Oak Subdivision recorded at Plat Book 4 Page 289 of the Pitkin
County records ("Covenants"), and restraining Respondents from taking any further actions upon
the Common Area until such time as this Court shall decide the rights of the parties with respect to
such Common Area. The Petitioners shall submit a petition for declaratory judgment and seek
removal of unauthorized improvements in relation to excavation and home additions and restoration
of the land to its original condition.
7. Respondents took title to Lot 10 Aspen Oak Subdivision last year after the Covenants
were recorded. Respondents were on notice of the existence of the Covenants and the Common
Area. Respondents' activities violate the Covenants. The Covenants at paragraph 10 restrict the use
of the Common Area to enumerated recreational uses and expressly prohibit other improvements.
The Covenants bind successor owners and run with the land.
8. Respondents have received several written warnings to cease and desist from malting
unauthorized improvements to the Common Area relating to other remodeling and excavation
activity.
9. The Common Area is currently being excavated by agents of the Respondents and
additional irreparable harm will be done to the Common Area unless the project is halted. The
excavation is well within the Common .Area boundary as depicted in the Plat of Aspen Oak recorded
at Book 277 page 400 of the Pitkin County records. The excavation is northeast of the existing home
shown of the 1975 survey included in this petition.
10. Due to the emergency nature of this matter, Petitioners are unable to submit a
memorandum of law supporting a petition for preliminary injunction and declaratory judgment with
this petition. Such memorandum will be submitted to the Court and Respondents as soon as is
practicable. Information regarding to this particular excavation became available to Petitioners only
today.
Subutitted Exhibits
l 1. Petitioners attach and incorporate the following exhibits in support of their request
for a temporary restraining order.
A. Declaration of Protective Covenants for the Aspen Oak Subdivision recorded in Plat
Book 4 at page 289 in the Pitkin County records followed by a retyped copy of same.
B Letters to Respondents requesting cessation of activities in violation of the Aspen
Oak Covenants dated November 19, 2000, December 17, 1999 And March 25, 2000.
JUN 21 '00 01:57PM MCFLYNN PICKETT WHITSITT P.4
Amico v. Barnett
Pitkin County Court Case No. 00 CV
Petition for Temporary Restrainizrg Order Under Rule 65 C.R.C.P.
Page 3
C, Copy of 1975 survey of Respondents property (Lot 10) showing the Common Area
boundary.
D. Plat for Aspen Oak Subdivision recorded at Book 277 page 400 of the Pitkin County
records.
Request forIssuance of Dreier to S/toiv Cause
12. Pursuant to Rule 65 C.R.CY., Petitioners request the issuance of an Order to
Stow catise requiring respondents to appear before this Court within (10) days to show cause why
a preliminary injunction should not be issued. A proposed Order to Show Cause is submitted
concurrently ;herewith.
WI3EREFORE, Petitioners pray for the issuance by this Court of a temporary restraining
order and an Order to Show Cause compelling respondents Saul and Sally Barnett to appear before
this Court, within ten days of said Order to Show Cause, to show such reasons, if any such reasons
they have, why Petitioners should not be granted a preliminary injunction prohibiting Respondents
from making or causing to be made, or continuing to make any improvement of any kind on the
Common Area Easement of the Aspen Oak Subdivision in violation, of the Protective Covenants
together with such other and further relief as this Court deems just and proper in the circumstances.
WHITSITT & GROSS, P.C.
By: c�
Eric 7. Gross #27001
580 Main Street
Carbondale, CO 81623
(970) 963-6666 telephone
(970) 963-6667 facsimile
ATTORNEYS FOR PETITIONERS
Address Qf Pet tionerl:
477 Aspen Oak Drive
Aspen, Colorado 81611
russellg,Stephen Kanipe, 11:26 AM 6/22/00 -0600, 39 Pole Cat Drive, Aspen Oak Subd.
To: russellg,Stephen Kanipe <stephenk@ci.aspen.co.us>
From: nancy mackenzie <nancym @ci.aspen.co.us>
Subject: 39 Pole Cat Drive, Aspen Oak Subd.
Cc: Carla Block .:carlab@ci.aspen.co.us>,tom Dunlop <tomd@ci.aspen.co.us>
Bcc:
Attached:
FYI -
Saul Barnett has been issued a Temporary Restraining Order to discontinue work on the new
septic system for his remodel since it was placed in the subdivision common area easement
without subdivision approval. Debbie Quinn has advised that I not issue a "Final Approval' on the
septic system until the Court rules on this. This means I cannot sign off on a CO until this is
resolved.
nancy
Printed for nancy mackenzie <nancym@ci.aspen.co.us>
JUN -22-00 THU ",49 AV ASPEJWTKIN ENV HEALTH FAX -970 920 5V4
AN _ �Be pm sem"C "WI i1.
WMY* ITT V GROSS; P#C-
LAW'fit ER S
680 bogy 8V-RnT; Sum 219
C &noNwx Coz oftao $1623
We *dad*$ fw Ma"aramn.
jib 21; 20110
WA FACEL)Kli�: 9 11-SD?+t
Nzncy NlacKet2ic
Ile: 39 Pole Cat Drive, Aspen Oak Subdivision
Dear Nancy:
PAGE I
P.1
MAaTRA C. PIC9W r
oft COUNM
To confum our telephone discussion of yctarday, this ofRce repr"enta Joyce Armco and
C'naries Mai&ewus 91'47-, Abptrn Oak Derive in Min, County. r =deWuul3 yow mice -;8z V �*
pemut for a new sepiic system ai .ut. i u nspeu Oak Subdivision (39 Fate Cat D.-& rd� to f at
Barnett, Apparandy, the m vey sif=tted wits the application did Wi "—w the i0va
was in the subdivision common area easement. Attached is a copy of the logai a0 i - . ieci
yesterday in this matter. It is Otic client's poSitiOn that any relocation of Improv=ents must be
do= on the area of Lot 10 which is not encumbered by the common area Easement.
We ask that
no final apprevel to this application be granted until the Court rules on this matter.
Thank you.
Ytwre truly,
Whitsitt & Gross, P.C.
By: `�-
Er.94. Gro
EJG/wfc
Att.
i,.lDstalas�®ut�4tMIGOti6uum�su'tk1PCEiiLTs7T6R.6.21-0O.doc
TzLxpmm, (870) 988-6W FAwnd=:(970) 963.6667 wkiasi cdaieIaw,ev*re gress�da3�Iaw.con+ mpfrketaQ�ir�td,org
JUN -22-00 THU 09:50 AM AuPF 'ITKIN ENV HEALTH FAX:970 920 5074 PAGE 2
at14 21 '60 At: V•_ V114 P?C E T 'WHITSITT F.z
DISTRICT COURT, PITKIN COUNTY, COLORADO
Caac No. 00 CV
PETITION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY
INJUNCTION
JOYCE AMICO and. CHARLES MALKEMUS,
Petitioners,
vs.
SAUL BARNIITT AND SALLY BARNETT)
Respondents.
COME NOW Petitioners Joyce Alnico and Charles Malkemus ("Petitioners" }, by and
Rough.their a€torney and iu► jhei, Petitiou for Tempo,al. , Res"a:nuzg Order s2tLd Pcsliminazy
Ntinetion state and aver as follows. -
,Parties, Jurisdiedon, Vennd
1, Petidoners are residents of Pitkin County and arc owners of the real property located
at 477 Aspen 02k Drive, Aspen Oak Subdivision.
Z Respondents arc residents of Pitkin County, Colorado, with a street address of 403
West Hallam Street, Aspen, Colorado 81611.
3 Respondents are the owners of property situated in Pitkin County in the Aspen Oak
Subdivision at Lot 10, 39 polecat Drive, Aspen, Colorado.
4 Jurisdiction of this Curt arises under Article VI, Sec. 9 Colorado Constitution.
5 - Venue of this Court is proper under Rule 98, C.R.C.P, owing to the location of the
land in Pitkin County, Colorado.
Nature of the Petition
b By this Petition, Pctitionera seek a temporary restraining order and a preliminary
injunction prohibiting Respondents from continuing to excavate an area of the Common Area
easement ("Common Araa'l depicted on the Plat of the Aspect Oak Subdivision recorded at Book
JUN -22-00 THU 09:50 AM ASPEI
'.TKIN ENV HEALTH
FAX:970 920 5074
PAGE 3
JUN 23 '00 ei:S6PM MC
T44 PICKETT i ill'51TT
P.3
Armco v, Barnett
Pitkin County Court Case No, 00 CV
Petition for Temporary Restraining t7rdar under Buie 65 C -R -C -P,
Page 2
277 page 400 of the Pitkin County records C Plat's and attached as Exhibit A to the Declaration of
Protective Covenants for Aspen Oak Subdivision recorded at Plat Book 4 Page 289 of the Pitkin
County records C'Covenants"j, and restraining Respondents from taking any further actions upon
the Common Area until such time as this Court shall decide the rights of the parties with respect to
such Common Axes. The Petitioners shall submit a petition for declaratory judgment and seek
rernoW of unutlaotized improvements in relation to excavation and home additions and restoration
of the land to its original condition.
7. Respondents took title to Lot 10 Aspen Oak Subdivision last year after the Covenants
were recorded. Respondents were on notice of tits existetxce of the Covenants and the Common
Area, Respondents' activities violate the Covenants. The Covenants at paragraph 10 resuict thv use
of the Common Area to enumerated recreational uses and expressly prohibit other improvements.
"rhe Covenants bind successor owners and run with the land,
8. Respondents have received several written wamings to cease and desist from making
unauthorized improvements to the Common Area relating to Other remodeling Ona excavation
activity.
9, The Common Area is currently being excavated by agents of the Respondents and
additional irreparable harm will be done to the Common Area unless the project is halted. The
excavation is well within the Common Area boundary as depicted in the plat of Aspen Oak teco ded
at Book 277 page 400 of the Pitldn County records. The excavation is northeast of the existing home
shown of the 1975 survey included in this petition.
10. Due to the emergency nature of this matter, Petitioners are unable to submit a
memorandum of law supporting a petition for preliminary injtutction and declaratory judgment with
this petition. Such memoranduin will be submitted to the Court and Respondents as soon as is
practicable. Information regarding to this particular excavation became available to Petitioners only
today.
Submitted Exhibits
11. Petitioners attach and incotporate the fallowing exhibits in support of their request
for a temporary restrahung order.
A. Declaration of Protective Covenanta :for the Aspen oak Subdivision recorded in Plat
Book 4 at page 289 in the Pitkin County records followed by a rotyped copy of sauce.
B Letters to Respondents requesting cessation of activities in violation of the Aspen
Oak Covenants dated november 19, 2000, December 17, 1999 and March 25, 2000.
JUN -22-00 THU 09:5+J AM ASFEP' 'TKiN ENV HEALTH FAX1970 920 5074 PAGE 4
JUN 21 '00 01:57PM MC 'NN PINT WHITSITT PA
AMiC0 V. Barnett
Pitkin County Court Case No. 40 CV
Petition for Temporary Restraining Order Under Rule 65 CR.C.P.
page 3
C, Copy of 1975 survey of Respondents property (Lot 10) showing the Common Area
boundary.
D. Plat for Aspen Oak Subdivision recorded at Book 277 page 400 of the Pitkin County
records.
Re$uesl jar Issuance of Order to Show Cruse
12. Pmuatnt to Rule 65 C.R.C.P., Petitioners request the issuance of an Order to
Show Cause requiring respondents to spgear before this Court within {10) days to show cause why
a preliminary injunction should not be isnied. A proposed Order to Show Cain is submitted
cor►curre tly herewith.
WHi:REFORE, Petitioner$ pray for the issuance by this Court of a temporary restraining
order and an Order to Show Cause compelling respondents Saul and Sally Barnett to app�r before
this Court, within tett days of said Order to Show Cake, to show such reasons, if mysuch reasom
they have, wiry Petitioners should not be granted a preliminary injunction prohibiting Respondents
from making or causing to be Made, or continuing to make any improvement of any kind on the
Common Area Easement of the Aspen Oak Subdivision in violation of the Protective Covenants
together with such other and fiiuther relief as this Count deems just and proper in the circumstances.
WHITSITT & GROSS, P.C,
i3r1C J .' i7Io88 #�2?I) X31
5$0 Alain Street
Carbondale, CO 81623
(970) 963-6666 telephone
{970) 963-6667 facsimile
ATTORNEYS FOR PETITIONERS
Ad 9f Pe boners:
477 Aspen Oak "Drive
Aspen, Colorado 81611
House Size (sq. ft.) a (75 gpd, 100 gpd, or 130 gpd) 75
Number of Bedrooms in Main House
Number of Offices, Libraries, Studies, Similar -sized Rooms in Main House
Number of Bedrooms in Detached Caretaker unit
Number of Offices, Studies, Similar -sized Rooms in Caretaker Unit
(If the caretaker unit is ATTACHED, treat as if part of main house.)
Average Daily Waste Flow 450
State Review Required? no
Perc Rate (T)
Design Flow (Q) _ # potential bedrooms X 2 people/bedroom X gpd X 1.75
Q= 787.5
Absorption Area (=Q/5 X SQRT perc rate)
A = 589.31104 sq. ft. of absorption area required
38 gravelless chamber units without reduction
# of Perc Holes Required: 3
1 in every soil type? Spaced uniformly over proposed area?
A maximum 30% reduction is allowed for use of deep gravel or gravelless chambered system,
only if the lot size and soil conditions are optimal.
If a reduction is being proposed, describe why lot size and soil conditions are optimal:
A = 412.51773 sq.ft. with reduction
27 gravelless chamber units with reduction
Type of system: []Absorption trenches []Absorption bed [] Gravelless chambers
[]Dry well []Seepage Pit []Other (type)
Minimum tank capacity 984.375 gallons
SETBACK FROM WELL
# of feet = 100
SETBACK FROM POND, STREAM OR IRRIGATION DITCH
# of feet = 50
SETBACK FROM DRY GULCH
# of feet = 25
Printed on Recycled Paper
5l Al c OF COLORAD
}ws11 OF+eE-&r -THE. SWAT 'WEER
07!93 818 Centennial Bldg., 1.:wn S.313 sherr!. L)anver, Colorado 80203
(303) 866.3561
PRIOR TO COMPLETING FORM, SOIN6i UCTK K9 ON REVERSE SIDE
CHANGE IN OWNERSHIP/ADDRESS J LOCATION
WELL PERMrr, LIVESTOCK TANK OR L:HOSION CONI ROL DAM
NEW OWNER
NAME (g) .� fi O .L_ `� SRU -21
Mailing AddrEss V11 l'-fN fv,�
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�. WELL LOCAiIC! (% OWNER'S WELL DESIGNATIONLai (zip)
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Ft. from i.,zij N. or ❑ S. Line,
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L__.l N or S., Range ...
Lot
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Ft. from 11 E. ,r 23 W. Line
Block ... Filing (Unit)
L c)ION CQNTROLDAM 1.00AT1Uv', COUNTY.. . y�..-.
4 L4Vr5 3CK.TANNK_U -_--
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EIN. or 11 S., Range._., U E. or W
5.
T?1a aocve listed owner() iay(s) that he (they) own the structure describEd herein.
The ex.sting recar,i is being amended for the following reason(s):
r\_21 rqui
LL`si 1•C: 'I' -i. 1.J2:' im"6111,1g address.
P.M.
6. 1 (wa) have read the s♦,ateMOMS made herein, know the contents thereof, and state that they are true
to my (our) knowled .
(Pursuant tr_, S:-c±lorl�d-4.10, (1.3ja) C.R.S., the making of false 41atements herein constitutes pf rjury in
ttie sacs ;! t q at1G is Punishable as a class f misdemeanor.] -
Narnerrale !'vL;N owner; please type or Print �-- Signature (New Owner) Date
..___.___ _.__.._..._._. __..... ._ FOR OFFICE SF ON,,, I(�
AC'C'EI'T'1:.'D AS A C.'I•IANGE FSI (;
IF ANDiOR M;JUNC, ADL) MS.
i �l
OCT 2�
stateErlgineerEly Ddo
�__
Court Case No. Div. - - _ CO.- WD Basin- MD___.,_____ Use
Wright Water Engineers, Inc.
818 Colorado Ave.
P.O. Box 219
Glenwood Springs, Colorado 8 6D2
(970) 945-7755 TEL
(970) 945-9210 FAX
(303) 893-1608 DENVER DIREr" �!XE
August 12, 1999
Mr. Saul Barnett
403 W. Hallam Street
Aspen, CO 81611
RE: McKinnon Property Well Water Quantity and Quality — 39 Pole Cat Drive
Dear Mr. Barnett:
At your request, Wright Water Engineers (WWE) investigated the water quantity and quality of
the McKinnon well located at 39 Pole Cat Drive near Aspen, Colorado. WWE conducted a
review of the State Engineer's Office records, field investigations including review of the water
treatment system, water quality sampling of the well water, and a brief well pumping test on
July 26, 1999. The purpose of our investigation is to provide data for diligence work for a
pending real estate transaction. This letter report presents our findings.
SUMMARY
The following summarizes our findings.
• The well was pumped for 70 minutes on July 26, 1999 and produced an estimated 420
gallons at an average rate of 6 gpm. The total drawdown of water level in the well was
approximately 55 feet. The test was terminated because the well casing could not supply
the pump with adequate water and the discharge was gurgling with sediment and iron
bacteria slime.
• The water quality test results for the well water meet the Colorado Department of Public
Health and Environment (CDPHE) Primary Drinking Water Standards except for
coliform bacteria. Iron and manganese levels at the well exceed the non -enforceable
CDPHE Secondary Standards. Hardness and turbidity exceed the CDPHE suggested
limits for these parameters.
• The general area in which the McKinnon well is located is known to have an iron
bacteria problem. Iron bacteria slime was observed in the well water discharge at the
end of the pumping test.
• The well requires super chlorination to attack the iron bacteria. The well should be
cleaned up by a licensed well contractor or replaced with a new well.
DENVER (303) 480-1700 DURANGO (970) 259-7411 BOULDER - (303) 473-9500
C
Mr. Saul Barnett
August 12, 1999
Page 2
• The well appears to be marginally adequate to meet in-house water demands and should
not be relied upon for any outside uses. Approximately 250 gallons of pressurized
storage is recommended to meet peak demands.
• Water treatment including chlorine disinfection, filtration, aeration/oxidation, filtration,
and water softening/conditioning is recommended to address the water quality issues
identified from the lab results.
• There is not a well permit listed for the property in the State Engineer's Office Well
Database Tabulations. If a well permit was not obtained for the well, the State indicated
that they could issue a permit for either a Late Registration Well, an exempt Household
Use Only Well, or an exempt 35 -Acre Parcel Well.
WATER QUANTITY
Physical System
The domestic water supply system for the property consists of an approximate 120 -foot deep
well in poorly sorted glacial deposits. The well reportedly is 4 -inch diameter steel casing with
torch -cut slotted openings. The power supply comes from the house and appears to be buried
with the pipeline.
An Ametek HD -15 sediment filter is located in the garage along with a well X-Trol WX-250
pressure tank. The pressure switch was observed to operate the system between 28 psi and 46
psi.
Pumping Test
A pumping test was conducted on July 26, 1999 by WWE to obtain an indication of the well
yield. The static water level was measured at 33.2 feet below the top of casing. The test started
at 10:00 a.m. and the pump ran on a continuous basis. The average flow measured from the
discharge hose was 6 gpm. The test data is presented in Table 1.
The pumping water level dropped slowly during the first 10 minutes until the storage volume
of the well had been pumped. The water level dropped at a steady rate until 30 to 40 minutes
had elapsed. Water was observed to be cascading in the well at approximately 40 minutes and
the water level began making a steep decline. The well pump was turned off at 70 minutes after
the discharge changed to a 2 to 3 gpm gurgle with sediment and iron bacteria slime. The
cascading water and rapid drawdown indicate that the well casing slot openings are not adequate
to supply water into the well and keep up with the pump. We believe the casing opening is
plugged with scale deposits, iron bacteria slime, and/or are non-existent. We recommend that
0
Mr. Saul Barnett
August 12, 1999
Page 3
K
the well be super chlorinated several times to attack the iron bacteria. The well should then be
serviced by a licensed well contractor or replaced with a new well.
The well recovered 45 percent in one hour, 75 percent in two hours, and 95 percent in 22 hours.
The recovery data includes the effects of use of the well in the evening on July 26, 1999 and
in the morning on July 27, 1999.
The well appears to be capable of producing 350 to 400 gallons per day. However, it does not
have the capacity to meet peak demands. We recommend at least 250 gallons of pressurized
storage be added to the system to meet peak demands for a 2 bedroom, 2'/z bath house.
WATER QUALITY
Sampling Conditions
WWE visited the McKinnon residence on July 26, 1999. The well pump was turned on and ran
for approximately four hours. Water quality samples were taken directly from the well
discharge hose approximately 50 minutes into the pumping test. The samples were labeled and
shipped overnight with proper chain -of -custody to Analytica Environmental Laboratories in
Broomfield, Colorado for analysis.
Laboratory Results
Laboratory results for the water samples are shown on the attached Table 2. These results are
shown in relation to applicable Colorado Primary Drinking Water Standards (effective
April 30, 1996). There were no primary standards exceeded in these samples except for
coliform bacteria. The iron bacteria slime observed in the well discharge near the end of the
test may have resulted in a positive test for coliform bacteria. Bacteria can be treated by
chlorine disinfection.
In addition, the Environmental Protection Agency Secondary Maximum Contaminant Levels
(SMCLs) are shown on Table 2. These standards are not enforceable by the CDPHE for
drinking water. The well sample iron levels (4.1 mg/L) and manganese levels (0.34 mg/L)
exceeded the secondary standards. These parameters do not have adverse health affects, but
cause staining of water fixtures and clothes.
CDPHE has suggested limits for several other parameters that have been included on the
attached Table 2. Hardness, calcium, and sodium are present in relatively high concentrations.
These constituents result in scale formation in pipes, on fixtures, and in the hot water heater
tank.
Mr. Saul Barnett
August 12, 1999
Page 4
The high turbidity is due to the iron bacteria and sediment observed in the well discharge near
the end of the pumping test. Iron bacteria is reported to exist in the groundwater in the west
Buttermilk area. The sediment is likely due to high velocities at the well casing slots resulting
from inadequate open area.
The above identified concerns will the water quality test results can be addressed through
physical and chemical treatment of the water. These would include chlorine disinfection,
filtration, aeration/ oxidation, and water softening/conditioning. It is our understanding that
Culligan is reviewing the water quality data and providing recommendations on potential water
treatment alternatives.
WELL PERMIT
WWE interviewed Don McKinnon and he indicated that to the best of his knowledge, the real
estate broker had obtained a well permit for the property. WWE reviewed the State Engineer's
Office Well Database at the Division 5 office in Glenwood Springs. We did not find a well
permit listed for McKinnon, Pole Cat Ranch, 0039 Pole Cat Drive, or Lot 10, Aspen
Oaks Subdivision. In interviewing the Division 5 Wells Water Commissioner, Dwight
Whitehead, he indicated that the existing well could be permitted as a Late Registration Well (if
constructed prior to May 8, 1972), an exempt Residential Household Use Only Well, or an
exempt 35 -Acre Parcel Well (if applicable).
Please call if you have any questions or need additional information.
Very truly yours,
WRIGHT WATER ENGINEERS, INC.
By:
Michael J. Er' n, P.
Water Reso rces Engineer
MJE/dlf
991-119.000
Attachments
TABLE 1
BARNETT - MCKINNON WELL PUMPING TEST
7/26/99
WWE 8/2/99
COMMENTS
TIME PUMPING
RECOVERY
WATER LE=VEL
WATER LEVEL
(min) (ft)
(ft)
Static Water Level
p
33.20
_-
0.25
33.2
0.5
33.2
-
0.75
33.25
- ---- --- --
1
33.3
--_--
1.25
33.34--
1.5
33.40
1.75
33.44
2
33.5
3
33.65
4
33.84
pumping rate = 5 gal/50 sec = 6 gpm
5
34 02
pumping rate = 5 gal/50 sec = 6 gpm
7
34.31
10
34.78
15
35.56
rate = 5 gal/49 sec = 6.1 gpm
20
36.3
pumping
25
37.4
30
38.04
pH = 6.95, temp = 24.3 C, water cascading in well
40
40.46
water cascading in well
50
46.8
60
59ygurgling
turned off, iron bacteria slime, cloudy,
-- 70
88
Pump
-
85.00
79
78.00
85
73.4
100
72'3
1 05
6 9
115
67.5
1 25
64.7
1 30
63.00
135
47.15 --
205
44.67 -- ---
220
43.65 ----
245
42.79 ----- ---
260
41.98 -- ---_
275
41.70 Water used in house
385
40.10 -- ---
445
35.66 Water used in house
1365
WWE 8/2/99
t
' TABLE 2
WATER QUALITY RESULTS
JOB NAME: BARNETT- MCKINNON PROPERTY
JOB NUMBER: 991-119.000
JOB DESCRIPTION: Water quality sampling - McKinnon well
PARAMETER UNITS CDPHE
STANDARD
McKinnon Well
7/26/99
PRIMARY STANDARDS (1)
Arsenic
mg/L
0.05
nd _
Barium
mg/L
2
0.42
Cadmium
mg/L
0.005
nd
Chromium
mg/L
0.1
nd
Lead
mg/L
0.05
0.003
Mercury
mg/L
0.002
nd
Selenium
mg/L
0.05
nd
Silver
mg/L
0.05 _
nd
Nitrate (NO3 as N)
mg/L
10
3.6
Fluoride
mg/L
4
1.51
Coliforms, total
# col /100 ml
<1 _
present
SECONDARY STANDARDS (2) _
Chloride mg/L 250 34
Color
CoRt units
15
na
Copper
mg/L
1 _
0.016
Iron
mg/L
0.3
4.1
Manganese
mg/L
0.05
_-8.5
0.34
pH
mgA-
6.5
6.9
Sulfate
mg/L
250
18
TDS
mg/L
500
480
Zinc
mg/L
5
0.064
OTHER PARAMETERS (3)
Phenol Alkalinity (CaCO3) mg/L no official limit 0
Total Alkalinity (CaCO3)
mg/L
no official limit
320
Ammonia (NH3) as N
mg/L
no official limit
0.06
Bicarbonate (HCO3)
mg/L
no official limit
320
Boron
mg/L
no official limit
nd
Calcium
mg/L
no official limit
100
Carbonate (CaCO3)
mg/L
no official limit
nd
Conductivity
umhos/cm
no official limit
720
Hardness CaCO3
mg/L
200 mg/L
360
Magnesium
mgA-
125 mg/L
27
Molybdenum
mg/L
no official limit
nd
Phosphorous
mg/L
no official limit
0.039
Potassium
mg/L
no official limit
3.2
Sodium
mg/L
20 mg/L
18.0
Turbidity
NTU
1 __
31
Iron Bacteria
no official limit
observed"
iennic P/10/00
(1) CDPHE primary drinking water standards
(2) Secondary Maximum Contaminant Level (SCML), not enforceable by CDHPE
(3) CDPHE suggested limits, non -enforceable
— Relatively large amount of iron bacteria present in pump discharge
at end of test
SERV INVOICE
SAMUELSON PUMP CO., INC.
P.O. BOX 297 WATER SYSTEMS
GLENWOOD SPRINGS SALES, SERVICE 8 INSTALLATION
COLORADO 81602 945-6309
(0
DATE � <i
OUANTITY
SIZE
DESCRIPTION OF PARTS CR MATERIALS
AMOUNT
.I
LABOR PERFORMED
C, j?
TOTAL MATERIAL
^<I
SALES TAX
TOTAL LABOR
TOTAL AMOUNT
67 5.
RECEIVED BY
TERMS
BALANCE DUE ON COMPLETION A service charge will be made on all accounts over 30 days old. This
amount is 11/296 per month which is an annual percentage rate of 18% ora minimum of $1.00 per month.
Should collection become necessary, customer will pay all collection and attorney fees.
Hth-PaNslak Geotechnical. Inc.
5021epw ntv Road 154
fech
Glen d Springs, Colorado 81601
Phone: 970-945-7988
Fax: 970-945-8454
November 17, 1999 hpgeo@hpgeotech.com
Saul Barnett
403 West Hallam
Aspen, Colorado 81611 Job No. 199 900
Subject: Percolation Testing, Proposed Remodel of Existing Residence, 39
Polecat Drive, Pitkin County, Colorado.
Dear Mr. Barnett:
As requested, we have conducted percolation testing at the subject site to evaluate the
feasibility of expanding the existing septic disposal system for the proposed remodel of
the existing residence. The results of our work are presented in this report. The work
was done in accordance with our agreement for professional services to you dated
November 13, 1999.
A profile pit and three shallow backhoe pits had been excavated by the client prior to
our site visit on November 13, 1999. The expansion of the existing septic disposal area
is located to the north-northwest of the existing field and to the northeast of the existing
residence as shown on Fig. 1. We instructed the client on excavating the percolation
test holes and when to soak them with water. The soils exposed in the percolation test
holes and profile pit consist of about 11/2 feet of topsoil overlying silty sandy gravel
with cobbles and boulders to thelprofile pit depth of 89z1M
the pits and the subsoils were slightly moist.
Percolation tests were performed on November 15, 1999 by a representative of
Hepworth-Pawlak Geotechnical, Inc. The client soaked the percolation test holes on
November 14, 1999. The test holes had been covered with rigid foam insulation to
protect against freezing overnight. The percolation test results are presented on Table I.
The percolation test results indicate an infiltration rate between 12 and 15 minutes per
inch with an average of Wits 'per inch. Based on the subsurface conditions
encountered and percolation test results, a conventional infiltration septic disposal
system appears feasible at the tested location.
If you have any questions or if we can be of further assistance, please call our office.
Sincerely, z5s- 0 RE
syr,
'L, INC.
HEPWOR''H- W,'" �I�`:�E�'����` ,; j
Jordy Z. Adam ori<, Jrt; P.
vi et
Rev. by: DEH; r 1!�,`t
l i 6-v
attachments
cc: High Country Engineering - Attn: Deric Walter
APPROXIMATE SCALE
1" = 120'
PROPERTY
IG
,IG
199 900 GEO OECHNICA AW INCI PORCO O TION HOOES E PIT AND Fig. 1
Ht-: WORTH-PAWLAK GEOTECHNI
TABLE I
PERCOLATION TEST RESUL
HOLE NO.
HOLE DEPTH
(INCHES)
LENGTH OF
INTERVAL
(MIN)
WATER DEPTH
AT START OF
INTERVAL
(INCHES)
WATER DEPTH
AT END OF
INTERVAL
(INCHES)
DROP IN
WATER
LEVEL
(INCHES)
AVERAGE
PERCOLATION
RATE
(MIN./INCH)
P-1
46
15
water added 1
9 1/4
7 1/4
2
15
7 1/4
53/4
1 1/2
53/4
4 1/4
1 1/2
41/4
3 1/4
1
7 3/4
6 3/4
1
63/4
53/4
1
53/4
43/4
1
43/4
33/4
1
P-2
49
15
water added
water added
8
53/4
2 1/4-
12
5 3/4
3 3/4
2
7
5 1/2
1 1/2
5 1/2
33/4
1 3/4
7
6
1
6
43/4
1 1/4
43/4
3 112
1 1/4
3 1/2
2 1/4
1 1/4
P-3
58
15
water added
water added
9
6 1/4
23/4
15
6 1/4
4
2 1/4
7 1/4
5 1/2
1 3/4
5 1/2
3 1/2
2
7
5 3/4
1 1/4
53/4
43/4
1
43/4
33/4
1
33/4
23/4
1
Note: Percolation test holes had been dug and soaked by the client prior to our field work. The holes had been
covered with rigid foam insulation to protect against freezing. Percolation tests were conducted on
November 15, 1999. The average percolation rate was based on the last three reading of each test.
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'.BEST BUILDING SITE
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(PICNIC , TABLE) \� \V R PPf 5C
3z3,0
The undersigned aoes hereby certify that this
survey was field surveyed Nov. lk, 1975 on the ground
f t.h� �,T(1T1RYt�1' lH�rakly deseribed.hereon, and is correct
based on the field eviuence'shown on this, plat as iuu«s,
to and that there are no discrepancies, conflicts, ehorf--
boundary' line conflicts, encroachments,
ages in area,
�3'91 b4 T'a - overlapping of nprovements, easements or rights of way
c'o r in field evidence or known to me, except as hereon
TioS R85"I shown. Underground utilities with no visible above -
3
Around valve boxes or manholes, and documents of
io record not supplied t()the Surveyor are excepted.
Dated this 27th day of November, 1975
signed --s•-i r z376
Colo. Reg. Land Surveyor & Prof. Eng
improvement Survey
for
110N �dcKINNON
Pole voklOnchl Inc.
by
Survey Eng,., Inc.
Aspen) Colo.