HomeMy WebLinkAboutpitkin.eh.273514402004 (2007)Replaces permit # 06036
Permit # 07057
Pitkin County Environmental Health & Natural Resources Department
Permit for an Individual Sewage Disposal System
0405 Castle Creek Road, Suite 10, Aspen, Colorado 81611
Phone 970-920-5070 / FAX 970-920-5077
Parcel ID # 2735-144-02-004
Type of permit New( X ) Repair() Addition/Remodel to House( )
Name of Owner J. Murry Bowden
Street Address 201 Hardy Road
Property legal description Lot 4
Size of lot 24.298 acres
Water source
Private Well
# of bedrooms in house 4
Caretaker unit
# of bedrooms in caretaker unit
Designed for what # rooms (list)
Subdivision
Total square footage of the house 7,000
# of offices, lofts & similar sized rooms in house
Total square footage of the caretaker unit
Designed by All Service Se
# of offices, lofts & similar sized rooms in caretaker unit
FOUR (4) in main house
Permit information
Mailing Address PO Box 2844 Glenwood Springs CO 81602
Perc rate 20 Profile hole depth 8 ft Depth to groundwater or bedrock
Minimum Septic tank capacity 1750 gallons Minimum Absorption area
Comments
+8ft
1253sf/30%reduc=877
Septic permit approved per compliance with the engineer design and specifications dated July 12, 2007. 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.
Design is for one 2,000 gallon and one 1,000 gallon two compartment concrete tanks in series with a duplex
pumping system in the last compartment. The septic tanks were installed under permit #06036. Effluent is pumped
to a Quick4 gravelless chamber bed with 8 units X 12 units for a total of 96 chambers. Lateral distribution pipes are
suspended in the chambers. Bed is to be kept shallow and surface run-off water is to be directed away from the bed
as indicated on the design.
This department does not endorse any brand of products. 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 an inspection with a minimum of 48 hours advanced notice.
"Revegetation over the area of the field is very important for the functioning of the system. Pitkin County has guidelines that must be
followed to assure the plants that are introduced are appropriate for the conditions of the area. The use of native plants is strongly
encouraged.
Permit approvedby: L.r�-c_, �ij Date: , < 7
Plans and specifications of the prop sed individual se#age disposal system have een reviewed and are considered
satisfactory. Permission is herebAranted 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 Departme t. As -built
drawings must be included with this permit before the final approval will be issued. Expiration Date: .4" 0
Installer: License Number:
Final approval: LDate
01&
PITKIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT
APPLICATION FOR INDIVIDUAL SEWAGE DISPOSAL SYSTEM
0405 Castle Creek Road, Suite 10, Aspen Colorado 81611
Phone (970) 920-5070 Fax (970) 920-5077
Name of OWNER `1. I-OWrowavv,
Owner's Mailing Address Shy \ 600
-City, State, Zip H0 usto -0( M osq Business Phon l 1? Q-6 - a -I
Home Phone: 1-3) -),go 14So E-mail Address: M 130 WA1&A pd -(f -C 0 . ( D M
Primary Contact Person (all communication regarding this permit will go through this person)
Name j'1'�Cst('t1 6-_Wombi {(v
Company SChIK("brfr er ste, co-wiQn
Contact Mailing Address 4 Co
City, State, Zip A n.� cs 'N'l ( Business Phone :
Cell Phone : 3 T1 P, Fax : aS '5315 E-mail Address: Mso 50 Pq 5 a
Parcel ID # (available from assessor's office
at 920-5160 or at kinassessor.orq 9L) a 1 3 S - l - O 6
ww it0
Building Permit # (if available) 0016. a 006. PK6K
Street address of property „(DI
1,, T
Legal Description: Lot `f Block
Size of lot: .01 l? acres.
Total square feet of house -% 0 0 0 .
Filing Subdivision
Type of proposed structure: V
# of bedrooms (potential) in house
Caretaker Unit: Attached ( ) Detached 119
Total areas . ft. of caretaker unit # of bedrooms(potential) in caretaker unit
Permit is for: New Home (x) Repair due to failure ( ) Remodel/Addition ( ) Emergency use ( )
Water: Private well (X) Spring ( ) Stream ( ) Community/Public Water System ( )
If community system: Name of system
The fee for a ISDS application is $600 for a permit that takes 6 hours or less for the department to approve. If approval takes
longer than 6 hours, a rate of $100 per hour will be charged. The maximum fee is $1000. The basic fee of $600 is due at the
time of application. The remainder, if any, will be due in two stages: first, at the time of issuance of the ISDS permit; second,
before final approval of the ISDS permit.
Application for an individual sewage disposal system is hereby submitted. I hereby certify that the above information is true and
accurate and that I have provided true and accurate information on locations of all existing and proposed wells, contour
intervals, buildings, property lines, ditches, slopes, waterlines, springs, suction or irrigation lines, drinking water cisterns, drain
tiles, irrigation ditches, lakes, water courses, streams, floodplains, dry gulches, and existing septic systems. I hereby certify that
any such features not shown on attached site map are not present. Issuance of the permit does not imply the approval of any
other permit required for construction pursuant to Pitkin County codes. No construction may be undertaken until all approvals
and permits have been obtained.
The Pitkin County Environmental Health Department, Pitkin County and employees of these agencies will be held harmless
should the individual sewage disposal system fail or malfu tion. he permit to const4ruct is issued on information submitted by
the applicant or his/herr sen a .The ss e full s risibility in case of failure of the system.
Signature of ap 'cant Date 0'7
Recei J Date
Received by p
PO Box IMI
H11
Pt!" Glenwood Springs, Co 81602
SEflYICE Ph 970-618-SO33
Fax 303-216-27%
August 27f, 2007
Schlumberger Construction
Attn: Scott
407-Q Aspen Airport Business Center
Aspen, CO 81611
Installation Observation, Bowden Residence
1653 Castle Creek Road
Pitkin County, Colorado
Scott,
Project No. 1342
ALL SERVICE septic, LLC performed an installation observation on August 21 s, 2007 for the
subject property.
The installation included a 2000 -gallon and 1000 -gallon, two-compartment precast concrete septic
tank with the addition of a Biotube pump vault and filter in the second compartment of the 1000 -
gallon tank. Six concrete risers were placed to access the first compartment of the 2000 -gallon septic
tank and five risers were installed to access the second compartment of the 2000 -gallon septic tank. A
manhole with steps was placed to allow access to pumping compartment. One; gravelless chamber
bed was installed with 8 rows of 12 `Quick -4' chambers, for a total of 96 chambers, equaling 884 SF.
Blue BoardTM was placed to insulate the pump line. A level manifold was installed to distribute
effluent.
The drain field was installed level, and setbacks to cut slopes along the drive were maintained.
Grading around the drain field adequate to direct runoff away from the field.
The pump was wired and was working at the time of our site visit on August 24`h 2007. Schlumberger
Construction must ensure pump is active prior to house occupancy.
The OWS was installed according to specifications. This observation is not a guarantee of
workmanship and/or parts and materials. ALL SERVICE septic, LLC should be notified if changes
are made to the OWS.
LIMITS:
The observation was based on information submitted and our site visit. If conditions are different
from conditions described in this letter, ALL SERVICE septic, LLC should be notified. All additional
OWS construction must be according to the county regulations. The installer should have
documented and demonstrated knowledge of the requirements and regulations of the county in which
they are working.
`wool ti"d
Sincerely,
A
LLSERseptic, LLC
z
2 copies sent
Copy sent to Pitkin County Health Dept.
Reviewed
Installation Observations
Project No. 1342
8-27-07
Page 2
38662 ;4 s
Richard H. R.E. :,,
' BERM
CONSTRUCTED
TO DIVERT
RUNOFF
FOUR TOTAL
OBSERVATION
PIPES /
96 'i
INC
Piss
I3'
me
INSULATED WITH
2'BWE BOARD
UNDER DRrVE.
T�
SIDEN , <6000SF
k0 PV !�IN
2000d3AI- N, TWO-COMPARTM N1
CONCRETE SEPTIC TANK, FOLLO"'
BY 1000 -GALLON, TWO
COMPARTMENT SEPTIC TANK WITH
B(OTUBE PUMP SYSTEM. ,
• Installation Observations
Project No. 1342
8-27-07
Page 3
Manhole to access pumping compartment.
Chamber drain field with observation pipes.
Pro No. 1342
fl L L POBox""
Glenwood Springs, CO 81602
SEBY�CE ` Ph 970.618-5033
L t Fax 303-216-27%
July 12, 2007
Schlumberger Construction
Attn: Scott Scherer
407 Q Aspen Airport Business Center
Aspen, CO 81611
1
UM
JUL 13 2007
PUN COUNTY ENVIRONMENTAL
HEALTH & NATURAL RESOURCES
Subsurface Investigation and Revised Onsite Wastewater System Design
Bowden Residence
1653 Castle Creek Road
Pitkin County, Colorado
Scott,
Project No. 1342
ALL SERVICE septic, LLC performed a subsurface investigation and prepared a revised onsite
wastewater system (OWS) design for the subject residence. The property is located outside of Aspen
Colorado, in an area where OWS and wells are necessary. The revisions are based upon requests by
Pitkin County Health Department.
SITE CONDITIONS
A 4 -bedroom residence, having <6000 SF is proposed as indicated on Figure 1. The proposed drain
field area is relatively flat. Water is provided by an onsite well located 132 feet from the proposed
drain field. Water was observed to be seeping from the hillside during the driveway excavation.
SUBSURFACE
The subsurface was investigated by digging one profile pit and three percolation holes, as indicated. The
materials encountered in the profile pit consisted of 2.5 feet of silty, clayey sand, underlain by sand with
angular rocks and cobbles to the maximum depth explored of 8 feet. Groundwater or bedrock was not
encountered. Three percolation holes were dug, in the area of the proposed drain field, as indicated.
Percolation rates ranged from 13 to 27 minutes per inch (MPI). A 20 MPI rate will be used to design
the OWS.
DESIGN SPECIFICATIONS
The OWS design is based on 4 -bedrooms and an average sewage load of 800 GPD. The installation
must include a 2000 -gallon, two-compartment, precast concrete septic tank, to be followed by a
1000 -gallon, two-compartment concrete septic tank with a duplex pumping system. The septic tanks
Onsite Wastewater Systems
Page 2
have been installed. One gravelless chamber bed, using `Quick -4' InfiltratorTM chambers, must be
installed as indicated. The chamber bed must have 8 rows of 12 chambers for a total of 4 chambers,
equaling 884 square feet (SF) of infiltrative area. A 2 -inch perforated PVC lateral must be suspended
within chambers, with 1/4 -inch holes on 1 -foot centers facing downward. A level manifold must be
installed to distribute effluent. Construction must be according to the county ISDS regulations, the
septic permit provided by Pitkin County Environmental Health Department, and this design.
OPERATION INFORMATION AND MAINTENANCE
The surface of the drain field should be seeded upon completion. Vegetation is an important factor in
drain field performance. Erosion control should be practiced prior to and during re -vegetation. Geo -
fabrics or plastics should not be used over the drain field. Livestock should not graze on the drain
field. Plumbing fixtures should be checked to ensure that no additional water is being discharged to
OWS. For Example, a running toilet or leaky faucet can discharge hundreds of gallons of water a day
and harm a drain field.
The homeowner should pump the septic tank every two years and clean the effluent filter as needed.
Garbage disposal use should be minimized, and non -biodegradable materials should not be placed
into the OWS. Grease should not be placed in household drains. Loading from a water softener
should not be discharged into the OWS. No hazardous wastes should be directed into the OWS.
Mechanical room drains should not discharge into the OWS. The OWS is engineered for domestic
waste only.
ADDITIONAL CONSTRUCTION NOTES
If design includes a pump, air release valves and weep holes should be installed to allow pump lines
to drain to minimize risk of freezing. Excavation equipment must not drive in excavation of drain
field due to the potential to compact soil. Extensions should be placed on all septic tank components
to allow access to them from existing grade. Precast concrete tanks and distribution boxes should be
used, unless plastic or fiberglass is required. Access to all tank compartments and distribution devices
is optimal.
INSTALLATION OBSERVATIONS
ALL SERVICE septic, LLC, and the county must view the OWS during construction. The OWS
observation should be performed before backfill, after placement of chambers and distribution pipes.
Septic tanks, distribution devices, pumps, dosing siphons, and other plumbing, as applicable, must
also be observed. ALL SERVICE septic, LLC should be notified 48 hours in advance to observe the
installation.
Onsite Wastewater Systems
Page 3
LIMITS:
The design is based on information submitted. If soil conditions encountered are different from
conditions described in report, ALL SERVICE septic, LLC should be notified. All OWS construction
must be according to the county regulations. Requirements not specified in this report must follow
county regulations. The installer should have documented and demonstrated knowledge of the
requirements and regulations of the county in which they are working.
Please call with questions.
Sincerely,
ALL SE septic, LLC
Timothy R. Petz
3 copies
o�pp0 LICF,,
Reviewed Vp�.pNEr�EF9�•O
CC 3865
'1-t1-a� ;
Richard H. *k.E. ,.°0
FFSSI 0 N IrIv
PITKIN COUNTY ENVIRONMENTAL HEALTH DEPARTMENT
Percolation Test and Soils Data Form - TABLE 1 - PROJECT 1342
PROFILE PIT Date of I est: b/u//ZuuI
0 - 2.5' Sand, Silty, Clayey, Moist, Brown/Tan Roots
2.5 - 8.0' Sand with Gravel and Cobbles, Dense, Moist, Red/Brown
Colluvium
No Groundwater or Bedrock was Encountered
Hole
No.
Hole
Depth (in.)
Interval
(min.)
Measurement at
Start of Interval
(in.)
Measurement at
End of Interval
(in.)
Change (in.)
Percolation Rate
(min./in.) MPI
1
46
10
7.38
8.75
1.38
10
8.75
10.75
2.00
fill
10
6.13
7.50
1.38
10
7.50
8.38
0.88
10
8.38
9.00
0.62
10
9.00
9.50
0.50
20
2
51
10
8.00
9.00
1.00
10
9.00
10.13
1.13
fill
10
6.75
7.87
1.12
10
7.87
8.75
0.88
fill
10
6.50
7.50
1.00
10
7.50
8.25
0.75
13
3
58
10
8.50
10.75
2.25
10
10.75
11.87
1.12
fill
10
6.87
8.38
1.51
10
8.38
9.13
0.75
10
9.13
9.63
0.49
10
9.63
10.00
0.37
27
AVG = 20 MPI
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Pitkin County Environmental Health Department
Contact Log Sheet
rI. �
D• Address. i
Person Spoken To Comments / Action to be -taken
® ! MI __�MI762
,LO_, WIWIW
Pitkin County Environmental Health Department
Contact Log Sheet
Name:
Parcel 1D#: Address:
Date I Person Spoken To Comments /.Action to be Taken Initials Time
tilzC cy 4,4
. �M�
ISDS DESIGN CALCULATIONS - for Pitkin
Owner's Name Parcel ID #
House Size (sq. ft.) (75 gpd, 100 gpd, or 130 gpd) 100
Number of Bedrooms in Main House ?
Number of Offices, Libraries, Studies, Similar -sized Rooms in Main House 71=,..,
Number of Bedrooms in Detached Caretaker unit''
Number of Offices, Studies, Similar -sized Rooms in Caretaker Unit M TIM"
(If the caretaker unit is ATTACHED, treat as if part of main house.)
Average Daily Waste Flow 800
State Review Required? no
Perc Ratep_` _20, (T)
Design Flow (Q) = # potential bedrooms X 2 people/bedroom X gpd X 1.75
Q= 1400
Minimum tank capacity
1750 gallons
Absorption Area (=Q/5 X SQRT perc rate)
A = 1,252 sq. ft. of absorption area required
81 gravelless chamber units without reduction
# of Perc Holes Required: 3
UICK 4 9.87
A = 626.09903 sq.ft. with 50% reductionTRENCHES
63 gravelless chamber units with reduction
STANDARD
A= 626.09903 sq.ft. with 50% reductionTRENCHES
40 gravelless chamber units with reduction
EQ 36
39 EQ36 units in TRENCHES
QUICK4-EQ36 626
81
SETBACK FROM WELL
# of feet = 132
SETBACK FROM POND, STREAM OR IRRIGATION DITCH
# of feet = 82
SETBACK FROM DRY GULCH
# of feet = 57
DICK 4 9.2
876.53 q ft 30% reduction BED
95 Aamber units with reduc.
876.53865 sq ft 30% reduction BED
57 chamber units with reduc.
70 EQ36 units in a BED
877
137
Permit # 06036
Pitkin County Environmental Health & Natural Resources Department
Permit for an Individual Sewage Disposal System
0405 Castle Creek Road, Suite 10, Aspen, Colorado 81611
Phone 970-920-5070 / FAX 970-920-5077
Parcel ID # 2735-144-02-004
Type of permit New( X ) Repair( ) Addition/Remodel to House( )
Name of Owner J. Murry Bowden
Street Address 201 Hardy Road
Property legal description Lot 4 Hardy Subdivision
Size of lot 24.298 acres
Water source Private Well
# of bedrooms in house 4
Caretaker unit
# of bedrooms in caretaker unit
Designed for what # rooms (list)
Designed by
Total square footage of the house 7,000
# of offices, lofts & similar sized rooms in house
Total square footage of the caretaker unit
# of offices, lofts & similar sized
FIVE = 4 in main house + 1 future
Timberline Enqineeri
Permit information
rooms in caretaker un)H
Mailing Address PO Box 631, Carbondale, CO 81623
Perc rate (32)* Profile hole depth 8 ft Depth to roundwa r or bedrock
Minimum Septic tank capacity 2844 gallons Minim Abs ption area
Comm nts
+8ft
2395/2574 SF
Septic permit approved per compliance with the angineer design and specifications dated 04/26/06 2006. Any
changes must be approved by this department and the design engineer prior to them being made. No work can be
started under this permit until new Percolation tests are completed in the area of the mound and the results
reviewed by this Department and the Engineer. Minimum horizontal distances between components of the
system and physical features shall conform to the Pitkin County ISDS regulations.
Design is for one 2,000 gallon and one 1,000 gallon two compartment concrete tanks in series followed by a 350
gallon pump chamber witfi'a pump and Biotube. Effluent,is pumped to a 4 ft minimum depth sand bed over scarified
existing ground. Lateral du *
istribon pipes are suspended in a bed of Quick4 gravelless chambers. The bed is 26 ft x
100 ft with 7 chambers wide by 2 hamber"n length for a total of 161 Quick4.vThe sand must conform to the
intent of Section 6.28.670 A. of the 'tkin CNnty ISDS regulations or conform to ISDS Policy 2005-001. An
invoice to document the type of sand mateust be submitted. Well abandonment report must be
received before permit can be given Finafval.
This department does not endorse any brand of products. 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 an inspection with a minimum of 48 hours advanced notice.
*Revegetation over the area of the field is very important for the functioning of the system. Pitkin County has guidelines that must be
followed to assure the plants that are introduced are appropriate for the conditions of the area. The use of native plants is strongly
encouraged
Permit approved by:h,"t-) Date: _As— %" 9 (,-,-
Plans and specifications of the pro sed individual sew a disposal system have been reviewed and are considered
satisfactory. Permission is hereby ranted 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. Expiration Date:
Installer: License Number: [7
Final approval: Date:
All 1111111111111111111111111111111111111111111111
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RESOLUTION OF THE BOARD OF COUNTY CONEVIISSIONERS OF PITKIN COUNTY,
COLORADO, GR-NTLNG APPROVAL OF THE HARDY SUBDIVISION
EXTENSION OF
VESTED REAL PROPERTY RIGHTS
Resolution No. 99- 1?'9
RECITALS
Gordon Hardy, .john Flardy, Christopher Flardy. Susan Suechting and Jeffery Hardy
("Applicant") has applied to the Pitkin County Board of County Commissioners (`'BOCC") to consider an
extension of vested real property rights pursuant to Section 4-140-30 of the Land Use Code ("Code-)
2. The Applicant requests to extend the subdivision's vested property rights for a period of 20 years,
pursuant to the terms and conditions of the original subdivision approvals, specifically including the
maximum allowed floor area of 7,000 square feet.
3. The property is located on the west side of Castle Creek Road approximately I,/ miles south of
its intersection with Highway 82, and is more specifically described in Exhibit A.
4. The parcel is zoned AFR-10 and contains approximately 121 acres.
GINIQ'i it the t' tree ' Zlo f . ily d,,ve1li.... "nit� were all, -,.^.,ted b-, the
J. 1Y1�J a„ot,,,ents for„e project s u..”. new su.`a..-.u.....� �..,,,,...� .. „
BOCC pursuant to Resolution Nos. 94-46 and 94-168. General Submission approval for the subdivision
was granted by the BOCC, pursuant to Resolution No. 94-61. Detailed Submission approval was granted
pursuant to BOCC Resolution No. 95-241. Final Plat approval was granted pursuant to BOCC
Resolution No. 98-34.
The vested rights for the development expired on December 6, 1998.
7. The BOCC reviewed the request at a duly noticed public hearing on October 13, 1999, at which
time evidence and testimony were presented with respect to this application.
The BOCC finds that the following elements were essential to the approval of the project and will
provide significant benefits to the County: the voluntary 7,000 square foot floor area limitation,
development below allowable density, preservation of agricultural lands, conveyance of an easement for
111111111111111111111!", 1111111111111111 Ill 11111 ilii IN
Resolutivn Vv. 99- �gq _ 438012 11/24/199_ .2:13P RESOLUTI DAVIS SILVI
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year-round public use along the Midland Flume as it traverses the property to the County, and
encumbering lands above the 5,300 foot elevation with a conservation easement.
9. The BOCC further finds that these elements should be considered part of the approved "site
specific development plan," which meets the Code criteria for an extension of vested rights.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of CUUn1V
Commissioners that it does hereby grant a reinstatement of vested rights to the Hardy Subdivision,
subject to the Following conditions,which shall run with the land and be bindin�u, on all successors in
interest:
This approval is subject to the terms and conditions of BOCC Resolution Nos.94-46, 94-168, 94-
61, 95-241, and 98-34.
2. The site specific development plan that is vested by this approval includes without limitation the
7,000 square foot allowable floor area for each of the four lots. The floor area shall be calculated
based on the Land use Code regulations in effect at the time of buildin, permit application.
3. The Applicant shall adhere to all material representations made in public hearings and in the
application.
4. The reinstatement of vested rishts granted herein shall not become effective until such time as the
Applicant records the Final Plat and the associated documents.
The vested rights shall expire ten years from the date of this approval on October 13, 2009.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TLMES WEEKLY on the
11th day of September, 1999.
APPROVED A—ND ADOPTED on the 13th day of October, 1999.
PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE
ASPEN TIMES WEEKLY on the, p day of q/0 1V. , 1999.
Resolution No. 99--L"
Page 3
v
ATTEST:
Deputy ounty Clerl
APPROVED AS TO CONTENT:
-m"Akbel�- /0. nq�
Cindy Houben
Community Development Director
P108-99
PID #2735-144-00-002
\Suzann ew\p itkin\cases\vrelh ardv\re so
J
J
111111111111 111111IMI 11111111111111111111111111111 IN
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BOARD OF COUNTY C0JvlJV9SSI0NERS,
PITKIN COUNTY, COLORADO
Leslie J. Lamont, Clair
APPROVED AS TO FORM:
John Ely,
Counry-Attornev
CERTIFICATE OF OWNERSHIP
akin County Title, Inc., a duly licensed Title Insurance Agent in the
te of Colorado hereby certifies that GORDON A. HARDY, as to an undivided
95% interest, JOHN S. HARDY, CHRISTOPHER B. HARDY, SUSAN H. SUECHTING AND
JEFFREY P. HARDY, as to an undivided 1.25% interest each are the owner in fee
simple of the following described property:
LOT 2 AND THE SW 1/4 SEI/4 OF SECTION 14, AND THE NE1/4 NW 1/4 AND THE
NW 1/4 NE1/4 OF SECTION 23, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH
P.M. EXCEPTING THREFROM ANY PORTION OR PORTIONS LYING SOUTH AND EAST OF
THE CENTER LINE OF THE COUNTY ROAD KNOWN AS CASTLE CREEK ROAD, AND
EXCEPT THOSE PORTIONS DESCRIBED IN DEEDS RECORDED IN BOOK 194 AT PAGE
43 AND BOOK 251 AT PAGE 245.
COUNTY OF PITKIN,
STATE OF COLORADO.
ENCUMBRANCES: NONE
Subject to easements and rights of way of record.
This certificate is not to be construed to be a guarantee of title and
is furnished for informational purposes only.
PI'"KI.' COUNT E, INC. � Ii�III VIII ������ I�III IIIIII IIIIi IIiiI III ��
438012 11/24/1999 12:13P RESOLUTI DAVID SIM
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authori odes gnature
CERTIFIED TO:�ktGUPT 1, 1993 @ 8:30 A.M.
PROTECTIVE COVENANTS
FOR
HARDY SUBDIVISION
7, 2000
ARTICLE I
PURPOSE OF COVENANTS
These Protective Covenants ("Covenants") shall govern and be applicable to that
certain real property situated in Pitkin County, Colorado, known as Hardy Subdivision
(the "Subdivision"), as depicted and described on the Final Plat of Hardy Subdivision
(the "Final Plat") recorded 7— , 2000 at Reception No.�/in
the Office of the Clerk and Recorder of Pitkin County, Colorado. It is the intention of
Gordon A. Hardy, John S. Hardy, Christopher B. Hardy, Susan H. Suechting and Jeffrey
P. Hardy (collectively "Hardy"), expressed by their execution of this instrument, that the
present beauty, views, and environment of the lands within the Subdivision be protected,
subject to the uses and improvements permitted by this instrument. In furtherance of
these objectives, Hardy does hereby recite that from and after the recording of this
instrument in the real property records of Pitkin County, Colorado, the lands within the
Subdivision shall be forever burdened and benefited by and subject to the following
Covenants, to the extent set forth herein, which Covenants shall run with the title to all
of the lands within the Subdivision.
ARTICLE II
DEFINITIONS
As used in this instrument, the term "Subdivision" shall be deemed to mean and
include all of the lands depicted and described on the Final Plat of Hardy Subdivision
recorded at Reception No. in the Office of the Clerk and Recorder of Pitkin
County, Colorado, as said Final Plat may be amended from time to time. The term "Lot"
shall mean and refer to each of Lots 1, 2, 3 and 4 as designated and described on the
Final Plat.
ARTICLE III
DEVELOPMENT AND USE REQUIREMENTS AND RESTRICTIONS
1. Resolutions of Board of County Commissioners: Vested Rights.
Owners of lands within the Subdivision shall adhere to the requirements and restrictions
set forth in, and enjoy the benefits of, Resolution Nos. 94-46, 94-61, 94-168, 95-241,
98-34, and 99-189, of the Pitkin County Board of County Commissioners, as recorded at
Reception Nos. 369091, 369430, 374564, 391910, 414859, and 438012, respectively, in
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the Office of the Clerk and Recorder of Pitkin County, Colorado. In the event of any
conflicts between said Resolutions and these Covenants, the terms and provisions of the
Resolutions shall govern and control.
Under Resolution No. 99-189, the right to undertake and complete the
development of the lands within the Hardy Subdivision pursuant to the terms and
conditions of the above-described Resolutions, and specifically including without
limitation the 7,000 square foot allowable floor area for each of Lots 1, 2, 3 and 4, is
vested until October 13, 2009 and shall not be altered, impaired, diminished or delayed
by any subsequent zoning or land use regulation that is prohibited by Section 24-68-
105(1) of the Colorado Revised Statutes. Provided, that floor area calculations shall be
based on the Land Use Code regulations in effect at the time a building permit is applied
for on a particular Lot.
2. Development Limitations on Certain Lots.
(a) On each of Lots 1, 2, 3 and 4, development shall be limited to one
(1) free market single-family residence and such accessory uses and structures as
may be permitted from time to time in the AFR-10, Agricultural and Forestry
Zone District or any successor to such Zone District. If a Lot Owner wishes to
build a caretaker or employee dwelling unit on his Lot, approval must be obtained
from the Board of County Commissioners.
(b) The single-family residences on Lots 1, 2 and 4 shall be limited to a
maximum of four (4) bedrooms each. Additional bedrooms may be approved by
Pitkin County subject to mitigation by the Lot owner (in the form `of cash -in -lieu)
of any incremental affordable housing requirement associated with the additional
approved bedroom(s). If the existing residence on Lot 3 is demolished and a new
residence is constructed within the Lot 3 building envelope, the foregoing
bedroom restrictions shall not apply to the new residence.
(c) All structures on Lots 1, 2, and 4 must be located within the
building envelopes depicted on the Final Plat. If the existing residence on Lot 3 is
demolished, the new residence must be constructed within the building envelope
depicted on the Final Plat. Any new development which expands or modifies the
footprint of the existing residence on Lot 3 shall also be located within the
building envelope designated on the Final Plat.
(d) If 70% or more of the existing residence on Lot 3 is demolished or
destroyed by an act of God or through any manner not willfully accomplished by
the Owner (as agreed upon by the Community Development Department and the
Lot Owner), and/or the residence is found to be a total loss by a qualified insurer,
reconstruction of the residence shall occur within the building envelope
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designated on the Final Plat. If less than 70% is destroyed in this manner, the
damaged portion of the structure may be reconstructed in the existing footprint.
(e) On each of Lots 1, 2, 3 and 4, the residences shall be limited to a
maximum floor area of 7,000 square feet. Floor area calculations shall be based
on the Land Use Regulations in effect at the time a building permit is applied for
on a particular Lot.
(f) The approval granted in BOCC Resolution No. 94-61 for the
caretaker unit attached to the residence on Lot 3 applies only to the existing unit
and residence. Said unit is subject to that certain Occupancy Deed Restriction
and Agreement recorded -14W—'7 , 2000 at Reception No.drd.3�2
in the Pitkin County records. If the existing residence is demolished and a new
residence is constructed in the designated building envelope on Lot 3, County
approval must be obtained pursuant to regulations in effect at that time if a new
caretaker or employee dwelling unit is proposed.
(g) On Lots 1, 2, 3 and 4, no development activity (including grading)
shall occur outside the building envelopes, except the following:
(i) Landscaping identified on a Site Specific Landscape Plan
approved by the Community Development Department.
Landscaping shall only be allowed outside the building
envelopes in order to reduce or screen the visual impact of
the residences from Castle Creek Road;
(ii) Removal of vegetation to create a defensible space for fire
protection or otherwise to mitigate wildfire hazards;
(iii) Septic systems located in front (to the east) of the building
envelopes in the event the Environmental Health Department
determines it is not feasible to locate a system within a
building envelope. If a septic system is located outside of a
building envelope, the Community Development Department
must review and sign off on the final location to ensure there
are no 1041 concerns or negative visual impacts from the
public viewplane;
(iv) Water wells and irrigation systems and related facilities;
(v) Installation of utilities within roads and driveways;
(vi) Access roads identified on the Final Plat, and individual
driveways; and
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(vii) Fencing (and maintenance thereof) meeting Colorado
Division of Wildlife standards.
(h) The residences to be constructed on Lots 1,2 and 4, and any
replacement residence constructed within the Lot 3 building envelope, shall
comply with the Landscape Guidelines attached hereto as Exhibit A and made a
part hereof by this reference. Prior to the issuance of a building permit for a new
residence on a Lot, the Lot Owner shall submit a Site Specific Landscape Plan to
the Community Development Department for review and approval, which
Landscape Plan must be designed to reduce and screen the visual impact of the
residence from the public viewplane on Castle Creek Road.
(i) All Lot Owners in the Subdivision shall comply with the provisions
of the W_Qed Management Plan attached hereto as Exhibit B and made a part
hereof by this reference..
0) None of Lots 1, 2, 3 or 4 shall be further subdivided, except that lot
line adjustments shall be permitted if the approval of Pitkin County is first
obtained.
3. Affordable Housinz. Prior to the issuance of a building permit for the
residence on Lots 1, 2 or 4, the Lot Owner shall mitigate the associated employee
` generation by making a cash -in -lieu payment to the County Finance Director for 1.75
full-time equivalent Category One employees per Lot, based on the fee schedule
contained in the Aspen/Pitkin County Affordable Housing Guidelines in effect at the time
of issuance of the building permit. No employee housing mitigation shall be required for
the construction of a replacement residence on Lot 3.
4. Utilities.
(a) Each of Lots 3 and 4 contains an exempt domestic water well. A
third domestic well is located on Lot 1, and perpetual easements are hereby
granted and created within a 10 foot perimeter around the common well site and 5
feet on either side of the water service line that runs from the well to the common
boundary, for the use and benefit of Lot 2 and to run with the title to Lots 1 and
2. The water produced by said common well shall be shared equally by Lots 1 and
2, and all costs and expenses of operating, maintaining, repairing, improving or
replacing the common well shall be shared equally by the Owners of Lots 1 and 2.
If an Owner fails to pay his share of such costs or expenses within 30 days after
receiving a written request therefor from the other Owner, the other Owner may
pay such delinquent costs and expenses (if he has not already done so), and from
and after the date of such payment the delinquent amount shall bear interest at 18
percent per annum until paid in full together with the accrued interest. The other
Owner shall also be entitled to an award of his reasonable attorneys' fees and
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Ccosts incurred in collecting such delinquent amount, whether by litigation or
otherwise.
The above-described domestic wells shall be used only for ordinary inside
household purposes, fire protection, the irrigation of not more than one (1) acre
of home gardens and lawns, and the watering of domestic animals. In the case of
the common well shared by Lots 1 and 2, priority shall be given to each Lot's
domestic needs. Each of the wells requires the use of a nonevaporative
individual waste water disposal system.
If the common well ever needs to be redrilled, a professional well driller
shall be consulted about the location on Lots 1 and 2 that is most likely to
produce a good well, and the new well shall be drilled in the recommended
location provided that location does not materially interfere with an existing use
of the property. This procedure shall be followed until an adequate producing
well has been completed. The owners of Lots 1 and 2 shall share equally all costs
of drilling the new producing well, and perpetual easements are hereby granted
and created within a 10 foot perimeter around the new well site and 5 feet on
either side of the water service line that runs from the well to the common
boundary between Lots 1 and 2, for the use and benefit of Lots 1 and 2 and to run
with the title thereto.
(b) Hardy hereby expressly waives the requirement set forth in 1973
C.R.S. Section 37-90-137(2) that wells within the Subdivision be located at least
600 feet apart.
(c) Each Lot Owner is responsible for the installation of a septic system
in compliance with Pitkin County standards, which system must be approved by
the Environmental Health Department.
(d) Hardy or his successors or assigns shall be responsible for extending
underground electric and telephone lines to the Lot lines. Said lines shall be
located within the common access road, to the extent feasible. All individual
utility service lines from the Lot lines to the building envelopes shall also be
buried underground, shall be located within the Lot driveways where feasible, and
shall also be installed by the Lot Owners at their cost. Lot Owners shall convey
such easements to the utility companies serving their Lots as may be required.
Areas disturbed by the installation or maintenance of utility lines shall be
revegetated by and at the expense of the Lot Owner causing the disturbance, no
later than the next growing season.
(e) Residences on Lots 1, 2, and 4, and any new residence constructed
within the building envelope on Lot 3, shall contain interior sprinkler systems, on-
site pressurized water cisterns or storage tanks with a minimum capacity of 1;000
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`40 gallons, and external standpipes and hose connections for the use of the Fire
Department. The cisterns/tanks shall be accessible to fire emergency vehicles and
shall be maintained and kept full of water at all times. Reconstruction of a
portion of the existing residence on Lot 3 shall not be subject to these
requirements.
5. Common Access Road and Driveways.
(a) A perpetual, non-exclusive easement and right-of-way 30 feet in
width has been dedicated on the Final Plat for purposes of access from Castle
Creek Road to Lots 1, 2, 3, and 4, respectively, and for underground utility lines.
The costs and expenses of maintaining, repairing, snowplowing and further
improving said common access road shall be shared equally by the Owners of Lots
1, 2, 3 and 4. All road repairs and improvements shall be made in a good and
workmanlike manner and in compliance with applicable laws, regulations and
codes. If an Owner fails to pay his share of such costs or expenses within 30 days
after receiving a written request therefor (accompanied by a copy of the invoice)
from another Owner, the other Owner(s) may pay the delinquent amount and from
and after the date of such payment the delinquent amount shall bear interest at 18
percent per annum until paid in full, together with the accrued interest. The other
Owner(s) shall also be entitled to an award of their reasonable attorneys' fees and
costs incurred in collecting the delinquent amount, whether by litigation or
otherwise.
(b) Hardy or his successors or assigns shall be responsible for making
initial improvements to the cvTtipiaccess ro-ad and pr extending un-rerlarounrid
electric and telephone lines to the Lot lines, as set forth in the Subdivision
Improvements Agreement for the Subdivision. An access permit must be obtained
from the County Engineer prior to improvement of the access road.
(c) Each individual Lot Owner is responsible for constructing the
driveway that serves the Owner's Lot, and an access permit must be obtained
therefor from the County Engineer before construction is begun on the driveway
and before any building permits will be issued for the Lot. Individual driveways
shall be designed and constructed in accordance with the Pitkin County Road
Management and Maintenance Plan in effect at the time an access permit is
applied for.
(d) Driveways to building envelopes on Lots 1 and 2 shall be located on
slopes of less than 15% in grade, and shall only enter said building envelopes on
their north, south or east perimeters. In the event that a new driveway is
constructed to serve a new residence within the building envelope on Lot 3, it
shall comply with the same requirements. The driveway to the building envelope
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*40
on Lot 4 may encroach on slopes exceeding 30% in grade if no alternative is ?wrm'
available. However, the driveway shall enter the Lot from the southwesterly lot
line, as depicted on the Final Plat, and shall enter the building envelope on the
southern or eastern perimeter of the envelope within the driveway alignment
depicted on the Final Plat.
(e) Individual driveways must be paved, or graveled and treated with an
approved dust retardant, at the cost of the Lot Owner.
6. Air Quality.
(a) The Owners of each of Lots 1, 2, 3, and 4 shall adhere to the Pitkin
County Air Quality Standards in effect at the time of issuance of any building
permits. All residential structures must comply with the Pitkin County fireplace
and woodburning stove regulations in effect at the time of issuance of the building
permit therefor. No woodburning devices shall be permitted in residences on the
Lots, provided that existing wood burning devices in the residence on Lot 3 may
be retained until a new residence is constructed within the building envelope on
Lot 3, in which event the wood burning device must be eliminated.
(b) Prior to the issuance of a building permit for a residence on Lots 1,
2 or 4, the Lot Owner shall pay to the County Finance Director an air quality,
-mitigati_on_fee of $5-250.00 per Lot, which funds may only be used by the County
for trail acquisition and/or construction. No such fee shall be required when a
new residence is constructed within the building envelope on Lot 3.
7. Drainage and Grading.
(a) Prior to the issuance of a Building Permit on Lots 1, 2 or 4, or for a
new residence within the building envelope on Lot 3, the Lot Owner shall submit
to the County Engineer e specific drainage and erosion control Natural
drainage patterns shall be incorporated into such plans.
(b) Site grading within the Subdivision shall be limited to the common
access road, individual driveways, utility extensions, approved septic systems,
approved landscaping, avalanche mitigation measures, and
construction/landscaping within the designated building envelopes.
(c) An earthmoving permit is required for the movement of 50 cubic
yards of dirt or more.
8. Energy. The residences to be constructed on Lots 1; 2 and 4, and any new
residence constructed within the building envelope on Lot 3, must comply with the
Model Energy Code in effect at the time a building permit is applied for.
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The residences on Lots 1, 2 and 4, and any new residence constructed within the
building envelope on Lot 3, must also include water conservation devices, in accordance
with the following flow criteria:
(a) Shower Heads (Gallons
Per Minute) 2.5
(b) Faucet Aerators (Gallons
Per Minute) 2.5
(c) Toilets (Gallons per Flush) 2.5
9. Radon Gas. Each Lot Owner shall be responsible for testing for the
presence of radon gas on the Lot, and for implementing any remediation measures that
may be required in connection therewith.
10. Household Pets: Other Animals. On Lots 1, 2, 3 and 4, household pets
such as dogs and cats shall be permitted, provided that dogs shall be kenneled or leashed
at all times. No horses, cattle, sheep, or other non -household pets shall be permitted
within the Subdivision. No commercial raising or commercial kenneling of animals of
any kind shall be permitted on Lots within the Subdivision.
11. Fencing. All new fencing outside the building envelopes on Lots 1, 2, 3
and 4 shall comply with the following standards or such Pitkin County fencing standards
as may then be in effect: Any rail fencing shall be 48", 3 -rail or less with 18" between
two of the rails to allow passage of younger animals. Smooth strand wire fencing shall
have a maximum height of 42" and shall be 4 -strand or less with a 12" kickspace between
the top two wires.
12. Exterior Li2htin2. All exterior lighting within the Subdivision shall
comply with Pitkin County lighting regulations in effect at the time of building permit
issuance. Exterior lighting shall be limited to individual driveway entrances and lighting
required for safe pedestrian ingress and egress to the residences. Individual driveway
entrance lighting shall be designed so that the lighting element is not directly visible from
adjoining properties or rights-of-way. Exterior lighting at the Subdivision's entrance
shall be prohibited.
13. Geologic Hazards.
(a) AVALANCHE AND DEBRIS FLOW HAZARD WARNING,
DISCLAIMER AND INDEMNITY: EACH OF LOTS 1, 2 AND 3 OF THE
HARDY SUBDIVISION IS SUBJECT TO AVALANCHE DANGER AND TO
POTENTIAL DEBRIS FLOW HAZARDS. Hardy expressly disclaims any
responsibility for such danger or hazards. A Design Avalanche Dynamics Analysis
for Lots 1, 2 and 3, prepared by Arthur I. Mears, P.E., Inc., is attached hereto as
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Exhibit C and incorporated herein by this reference. Hardy makes no
representations or warranties regarding the completeness or accuracy of such
Analysis. By acceptance of a deed to a Lot, each Lot Owner acknowledges his
awareness of and assumes all of the risks and responsibilities relating to such
avalanche danger and debris flow hazards, and hereby releases and agrees to
indemnify, defend (including reasonable attorney's fees) and hold harmless Hardy
and Hardy's agents, consultants, representatives, successors and assigns from and
against any liabilities or claims therefor for any losses or damages to persons or
property, including personal injury or death, that may result from the occurrence
of an avalanche and/or debris flow that affects Hardy Subdivision or any part
thereof or improvement thereon.
(b) At a minimum, the following measures shall be implemented to
mitigate geologic hazards:
(i) With the exception of the individual driveway to the building
envelope on Lot 4, development on slopes exceeding 30%
grade shall be prohibited.
(ii) Prior to issuance of building permits, the existing diversion
trench located behind the existing Hardy residence on Lot 3
shall be cleared of fallen trees.
(iii) Mulches and/or temporary cover shall be used on exposed
soil areas during construction. Permanent vegetation in any
areas disturbed by construction shall be re-established, and
erosion control measures shall be installed, within one
growing season after construction.
(iv) Prior to building permit application, a registered professional
engineer shall approve the foundation design if slopes
exceeding 15% in grade are encroached upon in construction
of a new residence.
(v) Prior to issuance of a building permit on Lots 1 and 2, or for
a new residence within the building envelope on Lot 3,
"structure specific" avalanche mitigation measures shall be
provided by each Lot Owner in accordance with attached
Exhibit C. The mitigation shall be designed, and approved in
writing, by a professional engineer with an expertise in
avalanche mitigation. If mitigation requires development
outside of established building envelopes, further County
review may be necessary, as required by the Pitkin County
Land Use Code.
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9
(vi) Avalanche mitigation may be based on the Pitkin County
Land Use Code avalanche regulations in effect during the
General Submission Review of the Hardy Subdivision on
February S, 1994.
(vii) Prior to issuance of a building permit on Lots 1 and 2, or for
a new residence within the building envelope on Lot 3,
"structure specific" debris flow mitigation measures shall be
provided by each Lot Owner. The mitigation shall be
designed, and approved in writing, by a professional engineer
with an expertise in debris flow mitigation. If mitigation
requires development outside of established building
envelopes, further County review may be necessary, as
required by the Pitkin County Land Use Code.
14. Wildfire Mitigation Measures. The owners of Lots 1, 2 and 4, and
following the construction of a new residence within the building envelope on Lot 3, the
owner of Lot 3, shall implement the following measures to mitigate wildfire hazard on
their respective Lots:
(a) Non-combustible roof material including tile, asphalt, fiberglass,
metal or Class B Certi-Guard (registered brand name) Red Label shakes and
shingles utilizing Class B construction techniques (1/2" minimum solid sheathing)
or better, shall be required for all residential structures.
(b) All roofs shall be kept cleared of debris.
(c) The base of all buildings shall be kept cleared of weeds and debris.
(d) At least one ten pound ABC class fire extinguisher shall be placed in
each structure.
(e) Regarding vegetation (actual vegetation manipulation to meet these
conditions may not be necessary where the natural vegetation patterns have
already fulfilled these conditions):
(i) The Lot Owner shall remove all vegetation within 10 feet of
proposed structures. This area shall be maintained in the
future as either low ground cover such as mowed grass, or
non-flammable material such as decorative rock or gravel.
(ii) Vegetation density shall be reduced by thinning brush and
vegetation to a minimum of 30 feet from each structure.
Thinning shall be designed to leave clumps of brush where
I III 11111 mill 111111111111111111111111111111 Ill 1111
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they are most desired for landscaping or screening, while
breaking up the horizontal continuity of the brush across the
property. Clumps of brush that are retained shall have a
minimum of 10 feet crown separation. Remaining clumps
shall not have a crown diameter in excess of 10 feet.
(iii) Dead undergrowth, branches and grass shall be removed from
the remaining vegetation to reduce ladder fuels.
(iv) The "defensible space" created by manipulation of vegetation
shall be maintained by the Lot Owner, as needed to retain its
value as wildfire hazard mitigation.
(v) The density of fuels shall be reduced throughout the
remainder of the building envelope where natural reduction
has not already occurred.
(f) Any buildings within the building envelope shall incorporate wildfire
hazard mitigation measures.
(g) Addresses shall be clearly marked and visible with minimum 2"
letters.
(h) A sprinkler system shall be installed in each new residence, as
provided in Paragraph 4(d) above.
i'% • r L n l.7\ .
�i) As provided in Paragraph •t(u) above, on-site pressurized water
cisterns or storage tanks with a minimum capacity of 1,000 gallons shall be
installed on site to accommodate the sprinkler systems and for fire fighting. The
cistern/tanks shall be accessible to fire emergency vehicles and shall be maintained
and kept full of water at all times.
6) All utility extensions shall be buried within the driveway alignment
to the extent feasible.
15. Park Dedication Fees. At the time a building permit is issued for a
residence on each of Lots 1, 2 and 4, the Lot Owner shall pay to the County Finance
Director a Park Dedication Fee in accordance with the regulations in effect at that time_
16. Castle Creek Road Impact Mitigation. Upon recordation of the Final
Plat, Hardy paid to the County the sum of $3,755.00 to assist in improving the Lower
Castle Creek Road and the Castle Creek Road/Maroon Creek Road/Highway 82
intersection.
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Ij
1111111 1111111ill 1111111111111111 11111 111 111111 111 111,
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17. Compliance with Government Regulations. No lands within the
Subdivision shall ever be occupied or used by or for any structure or purpose or in any
manner which is contrary to the zoning, subdivision, land use or building regulations of
Pitkin County, Colorado, validly in force from time to time, or any other applicable local,
state or federal laws or regulations.
18. Enclosure of Facilities and Equipment, Trash Removal. All equipment,
facilities, and other unsightly items on any Lot within the Subdivision shall be located
within the building envelope on the Lot and shall be enclosed within a solid, covered
structure, or fully screened from view. Without limiting the generality of the foregoing,
the following specific restrictions shall also apply. Any truck, tractor, snow removal or
garden equipment, and any similar items, shall be kept at all times, except when in actual
use, in an enclosed garage. Motor homes, trailers and boats must be kept in. enclosed
garages, or stored in an area that is completely invisible (during all seasons) from the
other Lots. Any refuse or trash container, utility meter, or other utility facility, satellite
receiving dish for television or other signals, service area, storage pile, or area for
hanging clothing or other household fabrics must be located within a building envelope
and shall be enclosed or adequately screened from view by planting or fencing so as to be
invisible from the other Lots. No lumber, metals, bulk materials, scrap, refuse or trash
shall be kept, stored, or allowed to accumulate on any Lot, except building materials
during the course of construction, and then only within the building envelope and only
for such reasonable period of time as is necessary prior to the use or disposal thereof.
All rubbish and trash shall be promptly removed from the Lots and shall not be burned
thereon. All household garbage shall be contained in bear -proof containers.
r__ m a....,.+.., Q _KTn „o Ari nrev:n,iid-,7 PrPptP or
17. Used or 1einpor ary Stl Structures. l,- u.�-- Y J
temporary house, structure, construction trailer, or nonpermanent outbuilding shall ever
be placed, erected or allowed to remain within the Subdivision, except during
construction periods, and no dwelling unit shall ever be occupied in any manner prior to
its completion. No motor home shall ever be occupied in any manner while located
within the Subdivision.
20. Completion of Construction. Any exterior construction activity upon any
Lot shall be completed and fully cleaned up within 24 months from its commencement.
21. Road Damage. Each Lot Owner is responsible for and shall promptly
repair in a good and workmanlike manner, any damage caused to the common access
road during the construction of improvements or the installation of utility lines upon or
serving the Owner's Lot, or damage caused at any other time by any vehicle belonging
either to the Owner or to the Owner's family, guests, invitees, employees or contractors.
22. No Business Uses Offensive Activities. Nuisances or Signs. Except for
the leasing of residences, no lands or structures within the Subdivision shall ever be
12
occupied or used for any commercial or business purpose. No noxious or offensive
activity shall be carried on or allowed at any time within the Subdivision, specifically
including without limitation the operation of snowmobiles, ATVs, or off-road
motorcycles (i.e., dirt bikes). Nothing shall be done or permitted to be done at any time
within the Subdivision which is a nuisance or which might become a nuisance by sight,
sound, smell or otherwise to a Lot or a Lot Owner or occupant. And with the exception
of one "For Sale" sign of normal size on a Lot, which sign must comply with Pitkin
County sign regulations in effect from time to time, no signs or billboards shall ever be
erected or permitted to remain within the Subdivision.
23. Firearms. The discharge or shooting of firearms is prohibited within the
Subdivision.
24. No Mining, Drilling or Quarrying. No mining, quarrying, tunneling,
excavating, or drilling for substances within the earth, including oil, gas, minerals,
gravel, sand, rock and earth, but expressly excluding water, shall ever be conducted or
permitted upon or within the Subdivision.
25. Roofs, Materials. Colors. No shining or reflecting roofs or other surfaces
or materials shall be used or permitted to remain on any buildings or structures within
the Subdivision; the exterior materials used on such buildings and structures shall be
limited to wood, stone, brick, adobe or stucco; roofs and trims can be non -reflective and
non -shining metal; and the exterior colors used on such buildings and structures shall be
earth or natural wood tones that are harmonious with the natural surroundings. The
foregoing restrictions do not apply to existing improvements within Lot 3, but shall apply
to the construction of a new residence within the building envelope on Lot 3.
26. Antennas. If a Lot Owner wishes to install an antenna to receive video
programming, the antenna installation and location shall comply with all fire, electrical,
and other applicable safety codes, and the installing Lot Owner shall to the extent
feasible install the antenna in a location that minimizes its visibility from neighboring
Lots and roads. The installing Lot Owner shall be obligated to paint the antenna so that
it blends into the background against which it is mounted, and to plant and maintain such
reasonable landscaping as will screen the antenna, to the extent feasible, from
neighboring Lots and roads. Provided always, that in the event that in any particular
situation any of the foregoing requirements or restrictions cause an unreasonable delay
or cost in the installation, maintenance or use of the antenna, or prevent the reception of
acceptable quality signals, said requirements or restrictions shall be invalid as they apply
to that particular situation.
Satellite dishes that exceed one meter in diameter, MDS antennas that exceed one
meter in diameter or diagonal measurement, and antennas that are not used to receive
video programming shall not be allowed within the Subdivision.
'i 111111111111111111111111111111111111111111111111 I111111
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27. Tanks. No elevated tanks of any kind shall ever be erected, placed, or
permitted to remain within the Subdivision_ Any tank used in connection with any
structure or activity within the Subdivision, including tanks for the storage of natural
gas, fuel oil, gasoline, oil or water, shall be buried. The foregoing restrictions do not
apply to existing tanks within Lot 3.
28. Emergency Access Easement. A non-exclusive easement for ingress and
egress is hereby granted. by Hardy to all police, sheriff, fire protection, ambulance and
other similar emergency agencies or persons, now or hereafter serving the Subdivision
and its residents, to enter upon the access road dedicated on the Final Plat, and upon the
individual Lot driveways, and upon any other property in the Subdivision, in the lawful
performance of their duties.
ARTICLE IV
TRAIL EASEMENT
By that certain Trail Easement Agreement recorded_/,-- z—f % , 2000 at
Reception No. 3973 in the Pitkin County records, Hardy has granted a trail
easement 15 -feet in width across Lots 1, 2, 3 and 4, along the alignment shown on the
Final Plat, for the use and benefit of the general public. The County is responsible for
constructing and maintaining the trail. Title to the Lots shall at all times be subject to
the terms and provisions of said Trail Easement Agreement.
ARTICLE V
CONSERVATION EASEMENT
By that certain Deed of Conservation Easement recorded _A_ ` C57
2000 at Reception No. in the Pitkin County records, Hardy has granted
to Park Trust, Ltd. d/b/a Aspen Valley Land Trust, a conservation easement encumbering
those portions of Lots 1, 2, 3 and 4 that are depicted and designated as "Conservation
Easement" on the Final Plat. Title to the Lots shall at all times be subject to the terms
and provisions of said Deed of Conservation. Easement.
ARTICLE VI
ENFORCEMENT ACTIONS
1. Enforcement Authority. Pitkin County, and each Lot Owner, shall each
have the right to prosecute an action at any time for injunctive relief and/or for damages
by reason of any violation of these Covenants. The prevailing party in any action
brought to interpret or enforce these Covenants and/or for damages for a violation
hereof shall be entitled to an award of its reasonable attorney's fees and costs.
2. Limitations on Actions. In the event any construction, alteration, or
landscaping work is r.nmmenced upon anv of the lands within the Subdivision in violation
1111111111111111111111111111111111111111111111111111111111
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of these Covenants, and no action is commenced within one (1) year thereafter to
restrain such violation, then injunctive or equitable relief shall be denied, but an action
for damages shall still be available to any party aggrieved. This one (1) year limitation
shall not apply to injunctive or equitable relief against other violations of these
Covenants.
ARTICLE VII
GENERAL PROVISIONS
1. Benefits and Burdens of Covenants; Covenants to Run. All of the
Covenants contained in this instrument shall be a burden on and appurtenant to the title
to all of the lands within the Subdivision. The benefits of the Covenants contained in this
instrument shall inure to Pitkin County and to the Owners from time to time of all of the
Lots, and shall be deemed an appurtenance to the title to such lands. The benefits and
burdens of all of said Covenants shall run with the title to all of the lands to which such
burdens or benefits have been made appurtenant.
2. Term of Covenants. Unless amended or terminated pursuant to Paragraph
3 below, these Covenants shall be perpetual, except that any covenant to which the rule
against perpetuities or the rule restricting restraints on alienation may be determined to
be applicable shall only extend and run for the period of the lives of Gordon A. Hardy,
Lillian Hardy, and their now living children, and the survivor of them, plus 20 years.
3. Amendment or Termination of Covenants. Except as provided below
with respect to Pitkin County, and except as may otherwise be specifically provided
herein, all or any part of these Covenants may be amended or terminated at any time by
the recording in the Pitkin County, Colorado real property records of a resolution of
amendment agreed upon, executed and acknowledged by the then -current record owners
of at least three of Lots 1, 2, 3 and 4 in the Subdivision. Notwithstanding the foregoing,
for so long as Gordon A. Hardy and/or Lillian Hardy, any one or more of their children,
or a trust or trusts for the benefit of any of said persons, owns an interest in Lot 3, these
Covenants may not be amended or terminated without the written consent of said
owner(s). Further notwithstanding the foregoing, any provision of these Covenants
which was required to be contained herein by approvals obtained by Hardy from Pitkin
County including, without limitation, BOCC Resolution Nos. 94-46, 94-61, 94-168, 95-
241 98-34, and 99-189, may not be made less restrictive, or terminated, without the
consent of the Pitkin County Board of County Commissioners.
4. Disclaimer. Except as expressly set forth in these Covenants, no
representations of any kind, express or implied, are given or made by Hardy or their
1111111111111111111111111111111111111111 HIM III IN
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15
agents or employees in connection with the Subdivision or any Lot therein or any portion
thereof, or any improvements thereon, or physical features thereof, or the avalanche or
debris flow hazards relating thereto or associated mitigation measures, or the fitness
thereof for any purpose, or utility service thereto, or the development potential thereof
or any manner of compliance with the Pitkin County Land Use Code or applicable
environmental or other laws or regulations, or with respect to the cost of owning,
developing, enjoying or maintaining any of the lands within the Subdivision.
5. Severability. Should any provision of these Covenants be declared invalid
or unenforceable by any court of competent jurisdiction, such decision shall not affect
the validity or enforceability of the remaining Covenants.
IN WITNESS WHEREOF, Hardy has executed these Protective Covenants
effective as of the day and year first above written.
cc —JI
GorAn A. Hardy
ohr S . Hardy
Christopher B. Hardy
Susan H Suechting
JeffreptRa.oy
1111111111111111111111111111111111111111111111111111111
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STATE OF
ss
COUNTY OF
fore—,o
regoing Protective Covenants were acknowledged
of The , 1998, by Gordon A. Hardy.
Witness my hand and official seal.
,,1111,111„1,,
..•••••..,�1�([?y commission
• `�� � (SEA�� .
�''•"U R L1G'o
`. Ir
OF.CC ,
••''••I IIIN JI,\
expires:
STATE OF a-64(kA )
ss.
COUNTY OF?L)b-n )
tary Public
The foregoing Protective Covenants were acknowledged
1
�of " 1998, by John S. Hardy.17
y hand and official seal.
My
1111///. 1���/,//
0TA�Y':
•
Opole
U13L1G,o
'''111iin1n111
ary Public
before me this / day
before me this day
111111111111111111111111111111111111111111111111111 IN
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17
STATE OF
ss.
COUNTY OF �� )
Th foregoing Protective Covenants were acknowledged before me this day
of t , 1998, by Christopher B. Hardy.
�N-Witness my hand and official seal.
J5 .
c,,; • ••'''A,•eommission expires:
1 ss.
COUNTY OF �� )
The oregoing Protective Covenants were
o 1998, by Susan H. Suechting.
Witness my hand and official seal.
.......�1 commission expires: 'l�(yon
acknowledged before me this day
fJ e L 1 �:o tary Public
STATS OF
1
) ss.
COUNTY OF Vhn )
The f egoing Protective Covenants were acknowledged before me this � day
of 1998, by Jeffrey P. Hardy.
Witness my hand and official seal.
, commission expires
JI
OF C�
22MA ----------
otary Public
1111111111111111111111111111111111111111111111111111111
18- 443996 06/07/2000 02:24P COVENANT DAVIS SILVI
18 of 34 R 170.00 D 0.00 N 0.00 PITKIN COUNTY Ct
�A A A
'••.....•••'o¢P
otary Public
�v" OF C0%- •'�`;
STATE OF �. )
1 ss.
COUNTY OF �� )
The oregoing Protective Covenants were
o 1998, by Susan H. Suechting.
Witness my hand and official seal.
.......�1 commission expires: 'l�(yon
acknowledged before me this day
fJ e L 1 �:o tary Public
STATS OF
1
) ss.
COUNTY OF Vhn )
The f egoing Protective Covenants were acknowledged before me this � day
of 1998, by Jeffrey P. Hardy.
Witness my hand and official seal.
, commission expires
JI
OF C�
22MA ----------
otary Public
1111111111111111111111111111111111111111111111111111111
18- 443996 06/07/2000 02:24P COVENANT DAVIS SILVI
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�A)
M
COUNTY APPROVAL
The foregoing Protective Covenants for Hardy Subdivision are hereby approved
this day of ",T/�.�ti , 2000.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By: 77
Chairperson
Attest:
ty Clerk
STATE OF COLORADO ')
) ss.
COUNTY OF PITKIN )
The foregoing County Approval upas acknowledged before me this �_ day of
2000, by as Chairperson of the Board of
County C mmissioners of Pitkin'Colu6ty, Colorado.
Witness my hand and official seal.
My Conlliiission � � — y i —
LYNDEE
R. DEAN tary blic
yT �o
OF C 0�-0Y
2382468_4.DOC
� Illilll lllllllllll llllllllll llllllllllllllllllllllliill
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19
1111N! t ; Itlil111{!Il 111 111111 It{Iil 1H lilll lll' 1�1
414859 03/25/1998 12:55P RESOLUTI DAVIS SIL,1
1 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN
COUNTY, COLORADO, APPROVING THE HARDY SUBDIN'ISION FINAL PLAT
Resolution No. 98-31y
1. Gordon Hardy, John Hardy, Christopher Hardy, Susan Suecltting, and Jeffery Hardy, hereafter
"Applicants", have applied to the Board of County Commissioners of Pitkin County, Colorado, hereafter
"Board", for Final Plat approval to create four single-family lots on a 121 acre parcel.
2. Said parcel is located on the west side of Castle Creek Road approximately 1 1/2 miles from the
intersection with Maroon Creek Road, and is more specifically described in Lxhibit A.
3. General Submission, 1041 Hazard Review, and Caretaker Dwelling Unit approval was granted by
the Board pursuant to Resolution No. 94-61. Three residential GMQS allotments were granted by the Board
pursuant to Resolution Nos. 94-46 and 94-168. Detailed Submission approval of the Subdivision was
granted by the Board pursuant to Resolution No. 95-241.
4. The application has been reviewed pursuant to the provisions of the "old" Land Use Code, since
approval of the General Submission application was granted prior -to the effective date of the current Land
Use Code.
5. The Board heard this application at regular meetings on February 25 and March 11, 1998, at which
time evidence and testimony was presented with respect to the application.
6. The Board finds that the application is generally consistent with the applicable provisions of the
Pitkin County Land Use Code.
NOW, THEREFORE, BE IT RESOLVED by the Board that it does hereby approve Hardy
Subdivision Final Plat, subject to the following conditions, and all conditions of Resolution Nos. 94-61, 94-
46, 94-168 and 95-241, except as amended.
Q 11111111111111111111111111111111 l.�it11111111111111111
Resolution No. 98 111111111111111111111111 414859 03/20/1996 12:55P RESOLUTI DAVIS SILVI
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1. The Final Plat shall be delineated by photographic methods on reproducible mylar 24 inches by 36
inches in size with a 1 1/2 inch margin on the left side and a 1/2 inch margin on the other sides, and
drawn to scale which is not less than 1 inch = 100 feet. The Final Plat shall also be submitted in
digital format acceptable to the Community Development Department for incorporation into the
GIS system. The Final Plat shall be amended as follows prior to recordation:
A. The driveway shall not exceed a 2.0% grade for the first 20 feet from the edge of pavement
on Castle Creek Road.
2. Prior to recordation of Final Plat, the applicant shall:
A. Obtain the signature of the Chairperson of the Board of County Commissioners on the
Protective Covenants, the Subdivision.improvements Agreement and the Trail Easement
Agreement.
B. Provide certification from the County Treasurer's office that all ad valorem taxes
applicable to the parcel have been paid for all prior years.
C. Amend the Protective Covenants as follows:
1) Article III, Section 2(G)(i): Amend to clarify that landscaping is only allowed
outside of the building envelope in order to reduce or screen the visual impact of a
residence from Castle Creek Road.
2) Article I11, Section 12: Exterior lighting at the Subdivision entrance shall be
prohibited. Lighting at driveway entrances shall be designed so that the lighting
element is not directly visible from adjoing properties or public rights-of-way.
3) Article 1I1, Section 18: Add the following language: "All trash/garbage shall be
contained in approved bear proof garbage containers."
4) Article VII, Section 3, Amendment or Termination of Covenants: All resolutions
of approval with regard to the Hardy Subdivision shall be listed.
5) A signature block for the Board Chairperson shall be included in the Covenants.
4N 3. Concurrent with recording of the Final Plat, the applicant shall record the Protective Covenants, the
Subdivision Improvements Agreement, the Deed of Conservation Easement and the Trail Easement
Agreement.
4. Condition 411 of Resolution No. 95-241 is hereby amended to read, "The residences to be
constructed on Lots 1, 2 and 4, and any new residence constructed within the building envelope on
Lot 3, shall comply with the Model Energy Code in effect at the time of building permit submittal"
5. The applicant shall comply with all material representations made in the application and in public
meetings and hearings.
NOTICE OF PUBLIC HEARING PUBLISHED II%l THE ASPEN TIAEES on the 14th day of
February, 1998.
INTRODUCED, FIRST READ, AND PUBLIC HEARING HELD AT A REGULAR
MEETING on the 25th day of February, 1998.
� AN
RE
Resolution No. 98- � I1�I�I "I�I �IIIII �IIIII SII II��Iili III I�I�I IIII ��')
Reso -i 414839 03/25/1998 12:53P RESOLUTI DAVIS SILVI
Page 3 3 of 4 R 0.00 D 0.00 N 0.00 PITKIN COUNTY CO
APPROVED AND ADOPTED AFTER SECOND READING on the 11th day of March, 1998.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the �� day of ri FR) L
1998.
ATTEST:
Xytrtaee • a4�4N
Deputy Clerk and Recorder
APPROVED AS TO FORM:
'! � �' "�- . 9- �
John Ely, 3 / 2/7s'
County Attorney
Case #P143-97
PID #2735-144-00-002
suzannew\pitk in\cases\subdiv\hardy\re so.doc
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO
By X
Dorothea Farris, Chair
Date 3 — z$ = 9
APPROVED AS TO CONTENT:
Cindy Houben,
Community Development Director
EXHIBIT A
LOT 2 AND THE SW
1/4 SE 1/4 OF
SECTION 14 AND THE NEl/4 NW
1/4 AND THE
NW 1/4 WE 1/4 OF
SECTION 23, TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE
GTH P.M. EXCEPTING THEREFROM ANY
PORTION OR PORTIONS LYING
SOUTH AND
EAST OF THE CENTER LINE OF THE
COUNTY ROAD KNOWN AS CASTLE
CREEK
ROAD, AND .EXCEPT
THOSE PORTIONS DESCRIBED IN DEEDS RECORDED IN BOOK
'
194 AT PAGE 43 AND
BOOK 251 AT
PAGE 245. COUNTY OF PITKIN,
STATE OF
COLORADO.
1111111 Hill 111111111111111
Hill 1111111111111111111111
414839 03/25/1998
12:33P RESOLUTI
DAVIS SILVI
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N 0.00 PITKIN COUNTY CO
t
I010
r�
Apr 26 06 08:21a Wayne Shelton
970-927-3801 p.1
lh—
WELL CONSTRUCTION AND TEST REPORT
FOR OFFICE USE ONLY
STATE OF COLORADO, OFFICE OF THE STATE ENGINEER
1-
WELL PERMIT NUMBER 268450
Owner Name(s): J Murray Bowden Family Trust
2
Mailing Address: 5847 San Felipe 4 3600
City, State, Zip: Houston, Tx
Phone # 77057
APPROVAL # GWS31-91-03
3'
WELL LOCATION AS DRILLED SUV 114 SE 1/4 Sec: 14
Twp: 10 S Range: 85 W
DISTANCES FROM SEC. LINES
480 ft. from South Sec. line and 1480 ft. from East Sec. line OR Easting: Northing:
SUBDIVISION: Hardy LOT: 4 BLOCK:
FILING (UNIT):
STREET ADDRESS AT LOCATION
GROUND SURFACE ELEVATION ft. DRILLING METHOD
Air Rotary
4.
DATE COMPLETED: 4,25/2006 TOTAL DEPTH: 230
DEPTH COMPLETION: 230
5. GEOLOGIC LOG 6, HOLE DIAMETER (in) FROM (R) TO (ft)
Depth TVM of Material Size, Color, and Type) 9.0
0 40
000-010 Dirt, Rocks 6.5
40 230
010-230 Maroon Formation
7. PLAIN CASING
OD (in)
land Wall Size I From (ft) To (ft)
7.0
Steel. 0.240 -1 40
5.5
PVC 0.250 30 190
Water Located: 190+
Remarks :
PERF. CASING : Screen Slot Size
5.5 AVC 0.250 190
8. Filter Pack 9. Packer Placement
Material Type
Size : Depth
Interval
10. GROUTING RECORD
Material I Density Tnterval Placement
cement 1 5 sks 1 6 gaUsk 1 10-40 poured
11. DISINFECTION Type HTH Amt. Used: 3 oz.
12. WELL TEST DATA - O Check Box If Test Data Is Submitted On Supplemental
TESTING METHOD: Air Compressor
Static Level: 154 ft. DatelTime Measured 4/2512006 Production Rate IS 7gpm
Pumping Level : Total ft. Date/Time Measured 4/25/2006 Test Length : 2 hours
Test Remarks :
13. I have read the. statcvi—wi madc twrein and bow the contents thereof, and that they am true to my knowledge. (Pursuant to Section 244-1 (13xa) CRS, the making of false saalements
constitutes pen in the second degree and is punisbable as a class t misdemeanor-) Phone: (970) 927-4182
CONTRACTOR Shelton Drilling Corp.
Mailing Address : P.O. Box 1059 Basalt, Co. 621 Lic. No. 1095
Name I Title (Please Type or Print) Siglatur Date
4/2612006
Wayne Shelton I President
irk
Apr 26 06 08:19a Wayne Shelton 970-927-3801 p.1
Form No. OFFICE OF TIS STATE ENGINEER
GWS -25 COLORADO DIVISION OF WATER RESOURCES
818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 80203
(303)866.3581
WELL PERMff NUMBER 268450
APPLICANT DIV. 5 WD 38 DES. BASIN MD
APPROVED WELL LOCATION
PITKIN COUNTY
SW 114 SE 114 Section 14
J MURRAY BOWDEN FAMILY TRUST Township 10 S Range 85 W Sixth P.M.
J MURRAY BOWDEN DISTANCES FROM SECTION LINES
5847 SAN FELIPE # 3600 480 Ft. from South Section Line
HOUSTON, TX 77057-
1480 Ft. from East Section Line
(713) 267-2100 UTM COORDINATES (Meters Zone 13 NAD_83)
PERMIT TO CONSTRUCT A WELL Easting: Northing:
ISSUANCE OF THIS PERMIT DOES NOT CONFER A WATER RIGHT
CONDITIONS OF APPROVAL
1) This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of this permit
does not ensure that no injury will occur to another vested water right or preclude another owner of a vested water right from
seeking relief in a civil court action.
2) The construction of this well shall be in compliance with the Water Well Construction Rules 2 CCR 402-2, unless approval
of a variance has been granted by the State Board of Examiners of Water Well Construction and Pump Installation
Contractors in accordance with Rule 18.
3) Approved pursuant to CRS 37-92-602(3)(b)(1) for uses as described in CRS 37-92-602(1)(0. Use of this well is limited to
monitoring water levels and/or water quality sampling.
4) This well must be equipped with a locking cap or seal to prevent well contamination or possible hazards as an open well.
The well must be kept capped and locked at all times except during sampling or measuring.
5) Records of water level measurements and water quality analyses shall be maintained by the well owner and submitted to
the Division of Water Resources upon request.
6) Upon conclusion of the monitoring program the well owner shall plug this well in accordance with Rule 16 of the Water
04/27/006 10:21 9709479448 SAMUELSON PUMP CO IC PAGE 01/01
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April 27, 2006
Schlumberger Const.
407Q AABC
Aspen, Co. 81611.
ATTN: Scott
On 4/26/06, a well test was conducted on a well on the Bowden Property Lot 4 201,
Hardy Rd. The following information was obtained;
WellDepth------------------------------------- 230'
Casing Size------------------------------------ (7 x 5)T
Stuiding water Ievcl-------------------------- 152.5'
Total test time---------------------------------- 1.5 Hours
Drawdown to ---------------------------------- 153.5'
Production is greater than-------------------- 15 GPM
This test was conducted with 1 Hp .pump. The well water level recovered back to 152.6
in 10 Minutes. If you have any questions please call me, Raun Samuelson at 970-945-
6309.
Sincerely;
Z e S -: '-Z
Raun E Samuelson
Samuelson Ptuup Co.
P.O. Box 297 a Glenwood Springs, CO 81602 a (970) 945-6309 a Fox (970) 947-9448
Water Systems a Soles, Service & Installation
STANDARD BACTERIOLOGICAL WATER TEST
ASPEN CONSOLIDATED SANITATION DISTRICT
D300 SERVICE CENTER ORfVE
ASPEN, COLORADO 81611
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MEMORANDUM
To: Rose Ann Sullivan, Community Development Department
From: Nancy MacKenzie, Pitkin County Environmental Health Department
Date: December 29, 2004
Re: Bowden Minor Plat Amendment
Parcel ID # 2735-144-02-004: Case P209-04
SUMMARIZE APPLICATION: relocate the building envelope and establish
disturbance/ development envelopes. A site visit was conducted on December 15, 2004 with
Rose Ann Sullivan and David Powel, of Timberline Engineering. The ground was snow
covered which made it difficult to assess the property.
The Pitkin County Environmental Health Department has reviewed the details of the
Bowden, Lot 4 Hardy Subdivision, application under the authority of the Pitkin County Land
Use Code and has the following comments.
ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2-170 and 3-70-100:
The applicant must document to the Environmental Health Department that the well(s) meet
required setback distances from the septic system prior to issuance of septic system permits
and building permits. Pitkin County Land Use Code requires that the well site be within the
building envelope.
A well has been drilled on the property. The owners will need tests of on-site wells done by a
water engineer or well driller. The minimum yield from a well is .07 gal/ person/ min and
there must be storage or yield capable of a 24 hour supply for domestic purposes only, not
fire fighting or outside irrigation. That means storage equal to 100 gal/ person/ day must be
installed as a minimum.
The applicant should ensure that the water quality is acceptable by having it tested by a lab
for bacteria (coliform). This can be done locally at the Snowmass Water and Sanitation
District or Aspen Consolidated Sanitation District.
We recommend low water landscaping (xeriscaping), with the timing of any sprinkler
systems decreased for low water plants. Contact the Colorado State University Cooperative
Extension office or Denver Water Board for more information on xeriscaping.
SEWAGE TREATMENT AND COLLECTION: Sections 2-180 and 3-110-050:
All septic systems installed within Pitkin County require septic permits issued by the
Environmental Health Department, and must comply with the County's Individual Sewage
Pnndd on Re ydcd Parwr
Disposal System Regulation. The County cannot issue building permit until a septic system
permit has been obtained.
The applicant has submitted an engineer design for a proposed location for the septic
treatment system. The area proposed for a sewage treatment field is probably not large
enough for several reasons:
1. The conceptual sizing should be based on a worse -case -scenario. The sizing was
based on soil data from an average of the 3 percolation tests. Since the soil data was
not obtained in the area of the proposed trenches, the soils in the actual area might
have a slower average percolation rate and require more area.
2. Regulations require minimum horizontal distances between components of a
sewage disposal system and physical features (man-made drainage, dry gulches,
cut banks, etc). The design did not take this requirement into account. Due to
snow cover, it was not possible to walk the area where the septic treatment field is
being proposed.
3. The site is steep and the trenches will need to be stepped down the hillside. This is
a standard design for sloped property. However, more distance might be necessary
between the trenches due to the steep slope and to prevent the trenches from
washing out.
Condition of approval: The area designated for the components of the septic
treatment system should be large enough to accommodate the system. Flexibility in
the location of the treatment field should be allowed so the system is placed in the
most suitable site.
WATER RESOURCES IMPACTS: Sections 2-140 and 3-70-050 and 3-70-100:
This application should not impact down stream water quality if the setbacks between the
septic system and physical features comply with the Pitkin County Individual Sewage
Disposal Regulations.
The Environmental Health Department's mission includes to preserving and protecting the
quality of Pitkin County's water resources. Since a large percentage of the population is
dependent upon water from wells, elimination of groundwater pollution, and protection of
aquifers and their drainage areas are of utmost importance. Roofs and asphalt areas can be
non -point sources of water discharge that can contaminate water supplies. This Department
recommends that non -point sources of discharge be retained on the property of origin. To
accomplish this, the owner can use landscaping, drainage patterns, detention ponds, and/or
dry wells for containment of water runoff from buildings.
Condition of approval: NONE
Printed on Reryded Paper
AIR QUALITY: Sections 2-130 and 3-60-020:
A project should not contribute significantly to degradation of air quality in Pitkin County if
it consists of only a single family home (with caretaker unit) or is a simple lot split. No
mitigation is necessary.
FIREPLACE
The property is considered to be in the PM -10 Maintenance Area Boundary area of the
county.
CONDITON OF APPROVAL: This site may have two devices in each residential
building: either two gas log fireplaces, two certified clean -burning woodstoves, or one
of each. Each building may also have unlimited numbers of decorative gas appliances.
New homes may NOT have wood burning fireplaces, nor may any heating device use
coal as fuel. The owners cannot install fireplaces or woodstoves in barns or
agricultural buildings
FUGITIVE DUST
CONDITION OF APPROVAL: A single family home is exempt from needing a Fugitive
Dust Plan. However any more extensive projects and activities such as building a large
pond or a big landscaping project do require a plan if it will impact adjoining neighbors
and/or roads. The measures must prevent windblown dust from blowing off the
property or creating a nuisance. This plan must include, but is not limited to; fencing,
watering of haul roads and disturbed areas, daily cleaning of adjacent paved roads to
remove mud carried out by trucks, speed limits, or other measures. The Environmental
Health Department must approve the plan. When the application is turned in for an
Earthmoving Permit, the approved Fugitive Dust Plan must be attached
CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS:
NOISE
CONDITION OF APPROVAL: Construction work must comply with the Pitkin
County Noise Abatement Ordinance. This includes the provision that no construction
noise is allowed in residential districts between the hours of 7 pm and 7 am, and no noise
is allowed on Sundays and federal holidays. Please refer to Title VIII of the Pitkin County
Code, Noise Abatement.
3
Printed on Recycled Paper
0
Pitkin County Environmental Health Department 0405 Castle Creek Rd Suite 10 Aspen, CO 81611
FAX/MEMO [IL]
TO:
Phone:
Fax Phone:
CC:
-I -
Date: 1 /U y
Number of pages including cover sheet:
FROM: Nancy MacKenzie
Phone: 970-920-5076
Fax Phone: 970-920-5077
E-mail: nancym@ci.aspen.co.us
IREMARKS: ❑ Urgent ❑ For your review ❑ Reply ASAP ❑ Please Comment
'Lu jz_
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
(970) 920-5526 FAX# (970) 920-5439
MEMORANDUM
TO: Maroon/Castle Creek Caucus
Engineer
Environmental Health
FROM: Rose Ann Sullivan, Community Development Department
RE: Bowden Minor Plat Amendment
(PID 2735-144-02-004; Case P209-04)
DATE: December 3, 2004
Attached for your review and comments are materials for an application submitted by the
J. Murray Bowden Family Trust. The Pitkin County Community Development Director
will review the application.
Please return your comments to me by Friday, December 31, 2004.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY
DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM.
Thank you.
(
MAIN LEVEL EAR: 5,889 SOFT.
Gretchen
Greenwood
& Associates, Inc.
520 Walnut Street
Aspen, Colorado 81611
970-925-4502
Fax 970-925-7490
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SCALE: 3/16* = l -V
JOB:
Permit Set
DATE ISSUED 6-2006
DRAWN BY: GG
MIXED BY: GG
REVISIONS:
Septic
"Awk
Gretchen
Greenwood
& Associates, Inc.
520 Walnut Street
Aspen, Colorado 81611
970-925-4502
Fax 970-925-7490
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SCALE: 3116'= l'-0'
JO&
Permit Set
DATE MUED 6-2006
DRAWN BY: GG
CHECKED BY: GG
REVISIONS
Septic