HomeMy WebLinkAboutcoa.lu.sm.Colorado Cutthroat.A47-92 ;
CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 6/10/92 PARCEL ID AND CASE NO.
DATE COMPLETE: (0//7/901 - - - A -92
STAFF MEMBER: LL
PROJECT NAME: Colorado Cutthroat Trout Stream Margin Exemption
Project Address: Aspen Art Museum, 590 N. Mill, Aspen, CO
Legal Address:
APPLICANT: Donna Linnecke
Applicant Address: Aspen Art Musuem, 590 N. Mill. Aspen, CO
REPRESENTATIVE: Donna Linnecke
Representative Address /Phone: Aspen Art Museum, 590 N. Mill
Aspen. CO 81611 925 -8050
FEES: PLANNING $ 200 • 1 APPS RECEIVED 1
ENGINEER $ 90 i PLATS RECEIVED
HOUSING $
ENV. HEALTH $
TOTAL $ 290
PAID:(YES) NO AMOUNT: $ 290.00 NO. OF COPIES RECEIVED 1 /
TYPE OF APPLICATION: 1 STEP: X 2 STEP:
P &Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
Planning Director Approval: Paid:
Insubstantial Amendment or Exemption: Date: W /1r
REFS LS:
City Attorney Mtn Bell School District
City Engineer V Parks Dept. Rocky Mtn NatGas
Housing Dir. Holy Cross State HwyDept(GW)
Aspen Water Fire Marshall State HwyDept(GJ)
City Electric Bldg Inspector
Envir.Hlth. Roaring Fork Other
Aspen Con.S.D. Energy Center Clean Air Board
DATE REFERRED: OH?' /c.2 INITIALS:
FINAL ROUTING: DATE ROUTED: (IN:F INITIAL:$k
City Atty City Engineer _Zoning Env. Health
Housing Other:
FILE STATUS AND LOCATION:
0
MEMORANDUM
TO: Bill Drueding, Zoning Officer
FROM: Leslie Lamont, Planning
DATE: September 12, 1992
RE: Cutthroat Trout Pond Stream Margin Exemption
SUMMARY: Trout Unlimited, the Division of Wildlife, and members
of the Art Museum propose to improve the small pond near the Art
Museum and upgrade the stream channels for Cutthroat Trout rearing
habitat. A stream margin exemption review is necessary for these
improvements because the proposed improvements are within 100 feet
of the high water line of the Roaring Fork River.
Staff recommends approval of the stream margin exemption.
APPLICANT: Trout Unlimited and Aspen Art Museum
LOCATION: Aspen Art Museum
ZONING: Public
APPLICANT'S REQUEST: Stream Margin Exemption for the replacement
of a headgate and culvert on the side of the Roaring Fork River.
The applicants also intend to enhance the channel into and out of
the existing pond on the Art Museum parcel for trout rearing
habitat.
REFERRAL COMMENTS: Please see attached referral from the
Engineering Department.
STAFF COMMENTS: The applicant proposes to create a Cutthroat Trout
spawning channel in the slow moving stream and pond located on the
grounds of the Aspen Art Museum. The goal is to help the Colorado
Division of Wildlife and Trout Unlimited re- establish the native
cutthroat trout in the Roaring Fork River thereby helping to
increase west -slope native cutthroat populations.
As the application indicates, the stream and pond will serve as a
nursery for the cutthroats. They will spend their adult lives in
the Roaring Fork River and return to the stream to spawn year after
year. Fishing for trout in the nursery will not be allowed.
For a successful spawning area fish eggs, adequate water velocity
and quality, correct temperature, and a stream bottom lined with
rounded gravel are all necessary.
The applicant proposes to replace and lower the existing headgate
and install a new culvert on the Roaring Fork River to increase
water volume. The stream from the culvert to the pond will be
modified removing material from the stream bottom and replacing it
with rounded gravel. The outlet from the pond will be realigned
to reduce the slow backwater at the inlet side of the pond.
The spring run off is ideal for spawning provided the water volume
and velocity is high enough. Originally, as a backup, the
applicant proposed to install a small pump at the headgate to
augment low flows. However, research indicates that a pump should
not be necessary and the applicant would like to reserve the
ability to amend this Stream Margin Exemption to provide a pump in
the future. A pump will require a minor amendment to this review.
Pursuant to Section 7 -504 B. the expansion, remodeling or
reconstruction of an existing development shall be exempt from
stream margin review if the development:
a. does not add more than 10% to the floor area or increase the
amount of building area exempt from floor area calculations by more
than 25%;
RESPONSE: This is only a replacement of the existing headgate and
culvert. No additional development is proposed.
b. does not require the removal of any tree;
RESPONSE: According to the application, no trees will be removed.
The applicant shall work with the Parks Department to review
replacement plant species.
c. is located such that no portion of the expansion, remodeling
or reconstruction will be any closer to the high water line
than is the existing development;
RESPONSE: Replacement of the headgate and culvert will be no closer
to the high water line than the existing structure.
d. does not fall outside of an approved building envelope; and
RESPONSE: The development does not fall outside of the existing
headgate.
e. is located completely outside of the Special Flood Hazard Area
and more than one hundred feet from the high water line of the
Roaring Fork River or the expansion, remodeling or
reconstruction will not cause an increase to the amount of
ground coverage of structures within the Special Flood Hazard
Area.
RESPONSE: A general regional permit has been applied for through
the Army Corps of Engineers. No work may commence until the
Engineering Department has been provided a copy of the permit.
2
RECOMMENDATION: Staff recommends approval of the Cutthroat Trout
Spawning Channel stream margin exemption for the replacement of the
headgate and culvert, refurbishment of the stream channel and
realignment of the outlet channel with the following conditions:
1. The applicant shall work with the Parks Department for
selection of plant species when revegetating to ensure that species
are consistent with the Roaring Fork Greenway Plan as well as
existing plants in the area.
2. The new headgate shall not be installed any closer to the river
than the existing headgate.
3. A letter from the District Water Commissioner, allowing the
water diversion into the pond, shall be received by the Engineering
Department prior to commencement of construction.
4. All digging shall be done by hand except for the work required
for removing the existing headgate and culvert.
5. Prior to closure of the trail for culvert work, the applicant
shall contact the Parks Department for trail closure assistance.
6. The trail shall be repaired within 48 hours with hot patch
asphalt.
7. If a pump becomes necessary to ensure adequate water volumes,
this stream margin review shall be amended to consider review of
the pump.
8. No work shall commence until the Engineering Department has
been provided a copy of the general regional permit from the Army
Corps of Engineers.
I hereby approve the Stream Margin
Exemption pursuant to Section 7 -504
of the Aspen Land Us Cod
Diane Moore, City P1anii g Director
3
•
,flit) 2 6
MEMORANDUM
To: Mary Lackner, Planning Office
From: Rob Thomson, Project Engineer ftc
Date: June 26, 1992
Re: Colorado Cutthroat Trout Stream Margin Review Exemption
Having reviewed the above application, and having made a site inspection, the engineering
Department has the following comments:
1. The applicant is required to plant any disturbed areas with species keeping with the
Roaring Fork Greenway Plan as well as existing plants in the area.
2. A construction site drainage plan and procedure should be considered prior to the
commencement of construction. The construction procedures employed must be such that
no stormrunoff be permitted to drain to the Roaring Fork River from contact with
disturbed earth. The construction procedure used will in no way impact the river. It is
recommended that the headgate be shut off while constricting the stream width.
3. The application did not contain any details of the pump, the or the new headgate.
Assuming that the pump is electric, all necessary supply must be installed underground and
in accordance with the NEC. In addition an electrical permit must be obtained prior to
installation. It is recommended that a small enclosure be built or provided to house the
pump. The new headgate should not be installed any further into the river than the
existing headgate. Every effort should be made to disturb as little of the surrounding
vegetation as possible.
4. The applicant has stated that the Federal 404 permit is in the works and request for
approval submitted to the State Water Engineer. The State Water Engineer needs to
comment on the water right of diverting the water and for approval of pumping during
low flow periods.
Recommended Conditions of Approval
1. The applicant is required to plant any disturbed areas with species keeping with the
Roaring Fork Greenway Plan as well as existing plants in the area.
2. If the source of power for the pump is electric, an electrical permit is required.
3. The new headgate should not be installed any closer to the river as the existing one.
4. The Federal 404 permit, or a letter from the Army Corps of Engineers stating that the
Federal 404 is not required, must be received by the engineering department prior to
commencement of construction.
5. A letter from the State Water Engineer, referencing this project, must be received by
the engineering department prior to the commencement of construction.
cc: Chuck Roth, City Engineer
rt/CASELOAD92.015
MESSAGE DISPLAY
TO Mary Lackner CC George Robinson
From: Patrick Duffield
Postmark: Jul 03,92 8:28 AM
Status: Previously read
Subject: Art Museum Pond Improvements
Message:
This is just a quick review of concerns regarding this project. Try
to keep from removing any riparian vegetation. Make sure there is a
viable ped. /bike alternate route around co.- uction site. Please
have asphalt repaired within 48 hours wit. . •atch asphalt. Please
also, place appropriate signs along approac to the site allowing
enough time for bikers and especially bladers 'me to react to the
route changes. If you have any other problems • questions feel free
to inquire. Ats all...
–1: 41 < ■ U1/4.1/3-dp—casjic
SEW
590 NORTH MILL STREET ASPEN, COLORADO 81611 303-925-8050
October 12, 1992
Holy Cross Electric Association
215 Ventnor Avenue
Aspen, Co 81611
Attention: Craig Murray HAND DELIVER
Dear Mr. Murray:
During my tenure at the Aspen Art Museum both the Aspen Art
Museum and the City of Aspen have shared the responsibility
for maintaining the Holy Cross Electric property which
neighbors the Art Museum. We have always considered this
property to be jewel. It adjoins the City of Aspen's
property, and provides a continuous greenspace for the
presentation of outdoor sculpture and general use for the
community.
Two years ago in my role as Board of Trustee responsible for
building, grounds, and land use I began to research a higher
use for the ditch and pond located on the Holy Cross Electric
property. The ditch was slow moving during most of the year
and the pond was stagnant, mosquito ridden, and choked by
large algae blooms. I began working with the Colorado
Division of Wildlife and realized that we had the potential
of reviving the water system while at the same time we could
create a spawning habitat for fish. Concurrent with the
development of this idea the Colorado Division of Wildlife
initiated a program in conjunction with the United States
Forest Service to reintroduce the Colorado Cutthroat Trout
into the streams of western Colorado. This was a project that
the local chapter of Trout Unlimited embraced and provided
tremendous support for. The cutthroat is the only native
species of trout on the western slope and it is currently a
candidate for the threatened species list. The significance
of reintroducing the cutthroat can be likened to the function
of a canary in a mine. The cutthroat is an important
indicator species about the health of the water system. By
using a controlled environment like the ditch and pond as a
spawning habitat we would be able to monitor the success of
the adult cutthroats in the Roaring Fork River, giving us
vital information about the quality of our water, the impact
of introduced species such as the rainbow and brown,
information about the effects of fishing pressure, and of
land use among many other things.
In July of 1991 the Conservation Trust of the Colorado State
Lottery awarded the Aspen Art Museum $5000.00 for the
continued development of this project. These funds made it
possible to further develop the idea, and at that time we
brought in the United States Army Corps of Engineers, the
Water Commissioner, and members of the City of Aspen's
Planning and Zoning Department, Parks Department,
and Engineering Department, to help us bring the project to
the next stage.
•
The changes necessary to convert the pond and ditch into a
spawning and rearing habitat are simple; a new 12" inlet
culvert and headgate needed to be installed (which would
replace the 8" damaged culvert), and rounded washed gravel
needed to be placed in the entire length of the ditch which
would provide the spawning substrate. With the increased
velocity that the new culvert would allow, the water
temperature would be cooler, the algae blooms reduced, and
the cutthroat eggs would be oxygenated. There would be no
changes made to the pond, Ie. it would remain at its original
size and depth which is approximately .1 surface acres. The
maintenance of the project would be the responsibility of the
Aspen Art Museum and Trout Unlimited.
I am asking you to make it possible for us together, to
realize this project. Leslie Lamont from the City of Aspen
Planning and Zoning Department told me that you would have an
opportunity to discuss this with other members of Holy Cross
Electric Association later this week. If you consent to the
use of the ditch and pond as a spawning habitat please sign
this letter and return one copy of it to Aspen City Attorney
John Worcester and a copy to me.
I will look forward to hearing from you with any comments,
suggestions or questions.
With ny thanks for your consideration,
Q-Wirtifer9V
Do A. Linnecke Holy Cr ss Electr Association
Trustee,Aspen Art Museum
enclosure: map
c.c.: Leslie Lamont
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DISTRICT COURT WAFER DIVISION , COLORADO
Case No.
APPLICATION FOR WATER RIGHTS (SURFACE)
CONCERNING THE APPLICATION. FOR WAFER RIGHTS OF:
Aspen Art Museum in Pitkin County.
1. Name, address, telephone number(s) (residence and business) of applicant(s)
Aspen Art Museum
590 North Mill Street
Aspen, COlorado 81611 (303) 925 -8050
2. Name of structure: (ditch, spring) Electric —Art Ditch
3. Legal description of each point of diversion: (include distance and bearing from established government section corner
or quarter corner; or distances from section lines, and indicate 1/41/4, section number, township, range and meridian;
include neap)
northeast quarter of southwest quarter and the northwest quarter o
the southwest quarter of section 7, township 10 south, range 84
west of the sixth principal meridian, Pitkin County, Colorado
1560' from west line
1510'from south line
•
•
4. Source: (tributary and river) Roaring Fork River
5. A. Date of initiation of appropriation: July 1, 1 9 40
13. How appropriation was initiated: construction of said ditch and pond
C. Date water applied to beneficial use: July 1 , 1940
6. Amount claimed: 3 cfs ( X) Absolute ( ) Conditional
7. Use or proposed use: Spawning habitat for Colorado River Cutthroat Trout
(salmo clarki pleuriticus)
N 0..II)I' 296. Itev. 9 415. APPLICATION Mk WATER ll IIII:II'IS IStlIUPI'N) IIIi,lliall Publishing. 51125 W ML Ave., l.ula■ond, l'1) 110214 10n1 n 111 1 a
f 0
A. Viz complete the following: -w'
a
Number of acres historically irrigated: ; proposed to be irrigated
Legal description of acreage:
13. If non- irrigation, describe purpose fully.
Spawning habitat for Colorado Cutthroat Trout (salmo clarki pleuriticus)
ie. piscatorial
8. Name and address of owner of land on which points of diversion and place of use(s) is (are) located:
City of Aspen Aspen Art Museum
130 South Galena 590 North Mill Street
Aspen, CO 81611 Aspen, CO 81611
(owner) (lessee)
9. Remarks:
This application is being submitted in conjunction with an application
for water storage rights. The purpose of these applications is
for conservation and improved habitat. The project has been designed
by the Colorado Division of Wildlife, Trout Unlimited, and the
Aspen Art Museum. This is a non - consumptive use of water with only
minimal evaporative loss.
u orn us
Siyn+wr. of npplicunl lorA y Donna Llnnecke, Tr
Aspen Art Museum 590 N. Mill Aspen, CO
Addr.....d A mr AlbnMyl 81611
,Na,m.Nn.L303) 925 -8050
Al nrn y He pidrmion N.
STArL' OF COLORADO � rK / � ss.
C
•
OUNTY OF
1 no N N4 L/At NECKt` , state under oath that I have read this application and
verify its content.
2 0„___._
1 rli`Ed Donna Linnecke, Trustee Aspen Art
`
Subscribed under oath before me o , AMU -4I . Museum
date
My commission expires- a, 41' / '
DEBRA SUE IDEKER - NOTARY PUBUC . ` =° f/ 1 i
MY COMMISSION EXPIRES 03-0495 Nmnry rublic
BANK OF ASPEN
P.O. BOX 0
ASPEN, COLORADO 81812
tiubmil uri plus -topics
DISTRICT COURT, WATER DIVISION , COLORADO
Case No.
APPLICATION FOR WATER STORAGE RIGHT
CONCERNING THE APPLICATION FOR WATER RIGHTS OF:
Aspen Art Museum ill Pitkin County.
1. Name, address, telephone number(s) (residence and business) of applicant(s)
Aspen Art Museum
590 North Mill Street
Aspen, Colorado 81611 (303) 925 -8050
2. Name of Reservoir: Electric—Art Pond
3. Legal description
A. Location of Dam: (include distance and bearing to outlet from established government section corner or quarter
corner; or distance from section lines and indicate 1/41/4, section number, township range and meridian; include map)
northeast quarter of the the quarter and file northwest
quarter of the southwest quarter of section 7, township 10 south,
range 84 west of the sixth principal meridian,,Pitkin County,
Colorado.
1500'from west line
1580'from south line
B. If off - channel reservoir, name and capacity of ditch or ditches used to lilt reservoir, and legal description of cacli point
of diversion: (include distance and bearing from established government section corner or quarter corner; or distances
from section lines, and indicate 1/41/4, section number, township, range, and meridian; include Inap)
northeast quarter of the southwest quarter and the northwest quart
of the southwest quarter of section 7, township 10 south, range
84 west of the sixth principal meridian, Pitkin County, Colorado
1560'from west line
1510'from south line
4. Source: Roaring Fork River
(s vibmar river or weln .
•
• 5. A. Date of appropriation: 7/1 / 4 0
B. How appropriation was initiated: • • . • • • ° • • • • • • •
C. Date water applied to beneficial use: 7 /1/ 4 0
No..InI 297. Itcv. 9 - 8$. AI'l'I,I('AI ION loll WAIa(Il s UJKAGE HIGH 'I' IIIIYiIYIJ 1'nldi.hinp, Sg75 W. rah Mc . 1400w,HO. I'n mi21•1 I MI) ?II (MU 0 s5
Amount claimed:
A. in acre feet ( ) Absolute ( ) Conditional
13. if olf- channel reservoir, rate of diversion in cls for tilling the reservoir: 1 (PS
( X ) Absolute ( ) Conditional
Use:
A. If irrigation, complete the following:
(1) Number of acres historically irrigated:
(2) Total number of acres proposed to be irrigated:
(3) Legal description of acreage irrigated or to be irrigated:
13. If non - irrigation, describe purpose fully:
Spawning habitat for Colorado River Cutthroat Trout
(salmo clarki pleuriticus) ie. piscatorial 1I
I
�I
htl mere than . 1 surface acres �
8. Surface area of high water line: s1] g Y
A. Maximum height of dam in I ;t 5 '
13. Length of dam in feet:
.3 a cre feet
A --
9.
'I c capacity y of reservoir in a
capa city • 3 acre c f eet feet: .3
storage . 3 acre feet
Active capacity feet 6 1
10. Name(s) and address(es) of owner(s) of land on which structurc(s) for the water right is located (laid where dam is
located and land within high water line)
The property that this pond is located on is owned by the City
of Aspen and leased to the Aspen Art Museum.
City of Aspen
590 Aspen Art Museum 130 South Galena
Aspen, North Mill Street
Aspen, CO 81611 Aspen, CO 81611
•
II. Remarks or any other pertinent information:
This application is being submitted in conjunction with an
application for surface water rights. The purpose of these
applications is for conservation and improved habitat. The
project has been designed by the Colorado Division of Wildlife,
Trout Unlimited, and the Aspen Art Museum. This is a non - consumptive
use of water with only minimal evaporative loss.
•
C; ;)‘r
Signamrc of AppIicem for Aliorwyf
Donna Linnecke, T r u.• t C e
Aspen- Art - Museum- 5 .9Q- N,_M'11 St, spen
AIAVI. uI Appii.nm f„r A " " n CYIC olo r a d O 81611
Teiephune No. (303) 925-8050
•
Muimcy Rcgisvmiim No.
STATE OF COLORADO 1
COUNTY OF ss.
n y� J . n
T :D r) ✓1� _ / i e ` e_ , state under oatl that I have read this application and
verify its content.
7 �
Donna Li.nnecke, Trustee Aspen
/9
Subscribed under oath before me on Art Museum
� me
•
My con IdtKtH - NOIABY PUBLIC 04 ��, joihkez
MY COMMISSION EXPIRES 03 -O4-95 ` ♦
•
BANK OF ASPEN Nouary •ubiic
P.O.BOXO
ASPEN, COLORADO 81612
di" ALL PERSONS INTERESTED IN THE WATER APPLICATIONS IN WATER DIVISION NO. 5
PURSUANT TO C.R.S., 3 - ^ ' - 302, AS AMENDED, You are notified that .ry following pages
comprise a resume of s. /applications and amended applications fi. ,iwith the Water
Clerk for Water Division 5 during the month of AUGUST, 1992.
1, 9204194, COUNTY OF PITKIN, FREDRIC A. AND FABIENNE BENEDICT, 1280 Ute Avenue,
Aspen, Colorado 81611. (Anne J. Castle, Esq., HOLLAND & HART, Suite 2900,
555 17th Street, P.O. Box 8749, Denver, Colorado 80201- 8749). Application
for change of water right in Pitkin County.
Decreed Names of Structures: Red Mountain Ditch, Priority No. 90; and Huston
Ditch, Priority No. 530. Dates of Original Decrees: Red Mountain Ditch,
Priority No. 90: May 11, 1989, in the original adjudication of water rights
for irrigation in Water District 38, by the District Court for Garfield
County, Colorado; Huston Ditch, Priority No. 530: October 24, 1952, in Civil
Action No. 4033, by the District Court for Garfield County, Colorado.
Legal Descriptions:
Red Mountain Ditch, Priority No. 90: The originally decreed point of
diversion is a point on the West side of Hunter Creek whence the Quarter
Section Corner on the South side of Section 6, Township 10 South, Range
84 West of the 6th P.M., bears South 62'45' West 1402 feet. An
alternate point of diversion was approved on December 4, 1970, in Civil
Action No. 6512 by Order of the District Court for Garfield County,
Colorado, at a point on the Northerly bank of Hunter Creek whence the
East Quarter Corner of Section 5, Township 10 South, Range 84 West of
the 6th P.M., bears North 54 °52' East 1637.03 feet.
•
Huston Ditch, Priority No. 530: The decreed point of diversion is a
point on the Northerly bank of Hunter Creek whence the East Quarter
Corner of Section 5, Township 10 South, Range 84 West of the 6th P.M.,
bears North 54 °52' East 1637.03 feet.
Sources: Hunter Creek, tributary to the Roaring Fork River. Appropriation
Dates: Red Mountain Ditch: May 15, 1884; Huston Ditch: May 12, 1920.
Amounts: Red Mountain Ditch: 2.0 cfs total, of which 0.18 cfs is the subject
of this application; Huston Ditch: 4.0 cfs total, of which 0.50 cfs is the
subject of this application. Historical Use: Irrigation. Proposed Changes:
The application requests that an alternate point of diversion for 0.18 cfs of
the Red Mountain Ditch, Priority No. 90, and 0.50 cfs of the Huston Ditch,
Priority No. 530, be approved at a point located on the Southerly side of
Hunter Creek, whence the closing Section Corner for Sections 7 and 8, being on
the Southerly boundary of Section 5, Township 10 South, Range 84 West of the
6th P.M., bears South 67 °53'27" West, 1033.04 feet. The application also
requests that the place of use of the two water rights be changed to the
following locations: Tract 1 is 3.8 acres located in the Southeast Quarter of
Section 6, and the Northwest Quarter of Section 7, Township 10 South, Range 84
West of the 6th P.M., and Tract 2 is 5.6 acres located in the Northwest
Quarter of Section 8, and Southwest Quarter of Section 5, Township 10 South,
Range 84 West of the 6th P.M. The application also requests that the
remaining portion of the historical consumptive use component of the two water
rights be changed to include augmentation and stock watering uses.
Name and address of owner of land on which structure is located: FREDRIC A.
AND FABIENNE BENEDICT, 1280 Ute Avenue, Aspen, Colorado 81611.
(Four pages, plus attachments.)
2. 92CW195 PITKIN COUNTY - ROARING FORK RIVER Aspen Art Museum; c/o Donna Linnecke,
Trustee; 590 North Mill St.; Aspen, CO 81611 (303) 925 -8050. Electric -Art Pond -
AppliCation for Water Storage Right. Location: NE1 /4SW1 /4 &NW1 /4SWI /4 Sec. 7, T.
10 S., R. 84 W., 6th P.M. Appropriation: July 1, 1940. Amount: 0.03 a.f.,
absolute. Use: piscatorial. (10 pages)
3. 92CW196 PITKIN COUNTY - ROARING FORK RIVER Aspen Art Museum; c/o Donna Linnecke,
Trustee; 590 North Mill St.; Aspen, CO 81611 (303) 925 -8050. Electric -Art Ditch
- Application for Water Rights (Surface). Location: NE1 /4SW1 /4 &NW1 /4SW1 /4 Sec. 7,
T. 10 S., R. 84 W., 6th P.M. Appropriation: July 1, 1940. Amount: 3.0 c.f.s.,
absolute. Use: piscatorial. (9 pages)
4. 92CW197 SUMMIT COUNTY - BLUE RIVER Mike Toomey; 3603 Pinnacle; Austin TX 78746
(512)- 473 -2646. Toomey Pond - Application for Water Storage Right. Location:
NW1 /4NW1 /4 Sec. 7, T. 6 S., R. 77 W., 6th P.M. Appropriation: August, 1992.
Amount: 0.42 a.f., absolute. Use: aesthetics, recreation, including fishery and
wildlife and livestock water. (15 pages).
$1 oA
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
W ,N CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95814 -2922
REPLY TO
ATTENTION OF
September 17. 1992
Regulatory Section (199275075)
Ms. Donna Linnecke
Aspen Art Museum
590 North Mill Street
Aspen, Colorado 81611
Dear Ms. Linnecke:
I am responding to your request for Department of the Army
authorization for a stream habitat improvement project in the
small stream and pond located on the Art Museum property in
Aspen, Colorado. The project site is located in Section 7,
Township 10 South, Range 84 West, Pitkin County, Colorado.
The Corps of Engineers, Sacramento District has issued
Regional General Permit'Number CO -OYT -0169 (GP -121 to authorize
certain limited discharges of dredged and fill material
associated with stream habitat improvement projects in the state
of Colorado.
Based on our review of the information submitted, we have
determined that your project is authorized by Regional General
Permit Number CO -OYT -0169 (GP -12) subject to the conditions of
this permit (copy enclosed). In the application you explained
that approximately 20 cubic yards of material will be removed to
reconfigure the outlet channel. You should inform this office
on the methods which you will employ to stabilize this outlet
channel.
We commend your efforts to create spawning habitat for
Colorado River Cutthroat trout. Please keep us informed on
the success of this project. We have assigned permit number
199275075 to this project. Please reference this number in any
correspondence submitted to this office regarding this project.
Should you or your contractor(s) have any questions, contact Mr.
Claffey at (303) 243 -1199.
"i cerely,
Grady . MCNuxe
_ Chie , Western Colorado Regulatory
Of ce
402 Rood Avenue, Room 142
Grand Junction, Colorado 81501 -2563
Enclosure
Copies Furnished:
Dr. Gene Reetz, U.S. Environmental Protection Agency, 8WM -WQ
999 18th Street, Suite 500, Denver, Colorado 80202-2466
Mr. Dan Collins. Subdistrict Chief, U.S Geological Survey,
Post Office Box 2027, Grand Junction, Colorado 81501
Mr. Alan Czencusch, Colorado Division of Wildlife,
453 Prefontaine, Rifle, Colorado 81650
Mr. Robert Caskey, Colorado Division of Wildlife, 711
Independence Avenue, Grand Junction, Colorado 81501
City of Aspen, 130 South Galena Street, Aspen, Colorado 81611
2.
Joe Bergquist
P.O. Box 4504
Snowmass, CO 81654 (303) 927 -4234
September 15, 1992
Leslie Lamont
City of Aspen Planning and Zoning Department
130 South Galena
Aspen, CO 81611
Dear Ms. Lamont:
This letter is to confirm my awareness of the Colorado
Cutthroat Spawning Channel project at the Aspen Art Museum.
The Aspen Art Museum has submitted applications for surface
and storage water rights, however a ruling is not expected by
the Water Court until late this year. As the Water
Commissioner for District 38 administering the field work in
this district, it is not my intention to close the headgate
to the stream /pond at the project site. It is my opinion
that this is a non - consumptive use of water and has little or
no impact on downstream water users.
Please feel free to call me if I can be of further
assistance .
Sincerely,
(?
oe Bergquist
Water Commissioner, District 38
,u N26
MEMORANDUM
To: Mary Lackner, Planning Office
From: Rob Thomson, Project Engineer `Mr
Date: June 26, 1992
Re: Colorado Cutthroat Trout Stream Margin Review Exemption
Having reviewed the above application, and having made a site inspection, the engineering
Department has the following comments:
1. The applicant is required to plant any disturbed areas with species keeping with the
Roaring Fork Greenway Plan as well as existing plants in the area.
2. A construction site drainage plan and procedure should be considered prior to the
commencement of construction. The construction procedures employed must be such that
no stormrunoff be permitted to drain to the Roaring Fork River from contact with
disturbed earth. The construction procedure used will in no way impact the river. It is
recommended that the headgate be shut off while constricting the stream width.
3. The application did not contain any details of the pump, the or the new headgate.
Assuming that the pump is electric, all necessary supply must be installed underground and
in accordance with the NEC. In addition an electrical permit must be obtained prior to
installation. It is recommended that a small enclosure be built or provided to house the
pump. The new headgate should not be installed any further into the river than the
existing headgate. Every effort should be made to disturb as little of the surrounding
vegetation as possible.
4. The applicant has stated that the Federal 404 permit is in the works and request for
approval submitted to the State Water Engineer. The State Water Engineer needs to
comment on the water right of diverting the water and for approval of pumping during
low flow periods.
Recommended Conditions of Approval
1. The applicant is required to plant any disturbed areas with species keeping with the
Roaring Fork Greenway Plan as well as existing plants in the area.
2. If the source of power for the pump is electric, an electrical permit is required.
3. The new headgate should not be installed any closer to the river as the existing one.
4. The Federal 404 permit, or a letter from the Army Corps of Engineers stating that the
Federal 404 is not required, must be received by the engineering department prior to
commencement of construction.
5. A letter from the State Water Engineer, referencing this project, must be received by
the engineering department prior to the commencement of construction.
cc: Chuck Roth, City Engineer
n/CASE OAD92015
0114 101 Enna
590 NORTH MILL STREET ASPEN, COLORADO 81611 303 - 925 -8050
THE COLORADO CUTTHROAT TROUT SPAWNING CHANNEL
The concept of the Colorado Cutthroat Trout Spawning Channel
had its beginning in June of 1991. Our original intent was
to find a way to clean up the slow moving stream and stagnant
pond located on the grounds at the Aspen Art Museum. We
began working with the Colorado Division of Wildlife and
Trout Unlimited and realized that we had the potential of
achieving our goals while helping to accomplish a significant
conservation effort, ie. the re- establishment of the native
cutthroat trout (Salmo clarki pleuriticus) in the Roaring
Fork River.
The cutthroat trout is the only indigenous trout in the
streams of western Colorado. This effort to re- establish the
cutthroat population would assist the Division of Wildlife /US
Forest Service /Bureau of Land Management conservation plan to
increase west -slope native cutthroat populations to the point
that the subspecies would no longer be a candidate for
listing as threatened or endangered (as it now is).
The Aspen Art Museum and its grounds serves a plurality of
purposes in this community. It is a museum, as well as a
place for education, and recreation. The banks of the
Spawning Channel provide easy access for the observation
of the trout, which turn brilliant red when spawning. As an
indicator species, the cutthroats will be able to provide us
with valuable information about the health our environment,
and about our impact on the wildlife of this area.
Under this proposal, the stream and pond will serve as a
nursery for the cutthroats. They will spend their adult
lives in the Roaring Fork River and return to the stream to
spawn year after year. Fishing for trout in the nursery will
not be allowed, but the cutthroats in the Roaring Fork River
can be fished for in compliance with existing regulations.
The four most important things needed for a spawning area
are; fish eggs, adequate water velocity and quality, correct
temperature, and a stream bottom lined with rounded gravel.
* The Colorado Division of Wildlife has committed to supply
us with cutthroat eggs in the Spring of 1993, provided that
the habitat has been created.
* At the present time we do not have adequate water velocity.
Our plan to remedy this is to drop the existing headgate
(where the Roaring Fork River enters the stream)
r
w,,
annroximately 1 foot and install a new rectangular headaate
and culvert to increase the water volume. Next. the stream
width will be constricted. The aradient from the outlet of
the culvert to the inlet of the pond will be manipulated
by removing material from the stream bottom and replacing it
with rounded gravel. Finally, the outlet from the pond back
into the Roaring Fork River will be lowered to reduce the
slow backwater at the inlet side of the pond that currently
extends into the stream. With these modifications, nature
should be able to take over and the spawning channel should
be self sustaining. The river temperature during Spring run
off is ideal for spawning and provided that the run off lasts
long enough, there will be adequate water volume and
velocity. As a backup measure, a pump is needed to insure
adequate water flow during low run off years.
On May 19, 1992 Mike Claffev, from the Army Corps of
Engineers, Biology Regulation Sections and Alan Czencusch,
aquatic habitat Biologist from the Colorado Division of
Wildlife conducted a site visit. Afterward, together with
Bill Gruenberq of Trout Unlimited we met with Amy Marioram,
Aspen City Manager to discuss this proiect. The proposal was
received with support and we proceeded with the pre -
application for the stream margin review exemption.
The Federal 404 permit is being issued by the Army Corps of
Engineers. and we have submitted a request for approval from
Orlon Bell, State Water Engineer. This proiect is for a non -
consumptive use of water, ie. the water that is taken from
the river is returned to the river with only minimal loss due
to evaporation.
Combined efforts between Trout Unlimited and the Aspen Art
Museum have enabled this proiect to develop to its current
level. and we have committed to continue to work together
towards its end.
With our sincere thanks for your consideration.
J
nnecke Bill Griienbera
Tr R "ee, Aspen Art Museum President, Trout Unlimited
Protect Co- Ordinator
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ATTACHMENT 1
�.....
LAND USE APPLIC TIc*T FOTdi
1) PLuject Name Colorado Cutthroat Trout Spawning Channel
2) Project location Aspen Art Museum 590 N. Mill Street Aspen, Colorado
(see attached legal description)
(indicate street address, lot & block number, legal description where
appropri: � e)
3) Present Zoning see attached 4) Lot Size see attached
5) Applicant's Name, Address & Phone $ Aspen Art Museum
590 North Mill Street Aspen, Colorado 925 - 8050 FAX 925 - 8054
6) Representative's Name, Address & Phone # T)nnna T,innecke
(same as above)
7) Type of Application (pleases dhedc all that apply):
_ Conditional Use _ Conceptual SPA _ Oonceptual Historic Dev.
Special Review _ Final SPA Final Historic Dev.
_ 8040 Greenline _ Conceptual PUD _ Minor Historic Dev.
Stream Margin _ Final HID _ Historic Demolition
_ Mountain View Plane _ Subdivision _ Historic Designation
Qndominitmization Text/Map Anendment QtS Allotment
Lot Split/Iot Line GM2S Tn®pticn
Adjustnwnt •
8) Dcsc:ri ion of Existing Uses (camber and type of eicicthig structures;
approximate sq. ft.; camber of bedrooms; any previous approvals granted to the
property).
Art Museum
9) Description of Development Application
sae attached
f �.
10) Have you attached the following?
Response to Attachment 2, Minimmi Sutmicsion Contents
Response to Attadment 3, Specific Sutanission Contents
Response to Attachment 4, Review Standards for Your Application
September 23, 1991
City of Aspen
Planning Department
Aspen, Colorado 81611
Attention: Leslie Lamont
Re: Proposed Stream Margin Review Application - Art Museum River
Bank
Dear Leslie:
Pursuant to Section 6 -202 (B) (3) of the Aspen Municipal code, this
is to confirm the City of Aspen's consent to the Stream Margin
Review application submitted by the Art Museum, Trout Unlimited and
the Division of Wildlife. This letter is being submitted by the
City as the property owner and in no way is intended to constitute
a formal approval of any land use as requested by the applicants,
or a waiver of the City's police or land use powers.
THE CITY OF ASPEN
ote By i n r
D
MEMORANDUM
TO: Mayor and City Council
�
THRU: Carol O'Dowd, City Manager /7
THRU: Any Margerum, Plannin rector
DATE: September 23, 1991
RE: Art Museum Stream Margin Review Council Consent
This matter is on your consent agenda for approval regarding an
application from the Art Museum, Trout Unlimited and Division of
Wildlife for a Stream Margin Review.
The Art Museum with Trout Unlimited and the Department of Wildlife
have proposed to refurbish the north bank of the river next to the
Art Museum. Using donated money, volunteer labor and an in -kind
equipment donation from the Public Works Department, this phase of
river enhancement will take out the "rip rap" (cement blocks, rebar
etc.) that was installed in 1985 to prevent further erosion of the
bank during high water. The "rip rap" will be replaced with a
vertical rock wall with a flat terrace at the river's edge. The
terrace will be planted with riparian vegetation such as willow
shoots and native choke cherry trees. Stream Margin Review is
required from the Engineering and Planning Departments. This phase
of the project is ready to move forward as soon as the Stream
Margin Review is completed. The participants expect to begin work
in mid - October. The project should be completed within 2 -3 days.
Section 6 -202 (B) (1) of the Land Use code requires authorization
by the land owner to submit a development review application.
In that the property is owned by the City of Aspen consent is
requested of the City Council to allow a stream margin application
to be submitted by the Art Museum, Trout Unlimited, and Division
of Wildlife.
The consent as requested herein does not formally approve the
stream margin review, just the submission of the application. (See
attached letter).
Requested Action: Move to approve consent to submit Stream Margin
Review application.
P.3/7
SEP 17 '91 13:07 r - TN PE•a.CE
EXHIBIT "A"
A tract of land situated in the northeast quarter of the south-
west quarter and the northwest quarter of the southwest quarter
of section 7, township 10 south, range 84 west of the sixth
principal meridian, Pithin County, Colorado, said tract being
known as the Aspen Visual Arts Center property, being more
fully described as follows:
Beginning at a point on the northeastern property boundary of ,
the Aspen Visual Arts Center property where a line 10 feet
southeasterly and parallel with the southeasterly wall of the
Aspen Visual Arts Center building intersects with said boundary;
thence southwesterly along said 10 foot parallel line to an
intersection with a line 20 feet southwesterly of the south-
westerly corner and parallel with the southwesterly wall of the
Aspen Visual Arts Center building;. thence northwesterly along
said 20 foot parallel line to an intersection with the westerly
edge of a bike path and parking lot; thence northerly and westerly
along the westerly edge of the bike path and parking lots to the
northwesterly corner of the upper parking lot by the Roaring
Pork River and Red Mountain Road; thence continuing northerly
• along the projection of the westerly edge of the upper parking
lot to the southerly edge of Red Mountain Road; thence easterly,
and southerly along the southerly edge of Red Mountain Road, and
the westerly edge of Gibson Avenue and Spring Street to the
point of beginning. Above description is shown on drawing
Exhibit "B ".
• SEP 17 '91 13:07 f FTIN
LEASE AGREEMENT
• THIS LEASE AGREEM ENT, made this /0 day of
1999, by and between the CITY OF ASPEN, a municipal corporation,
(hereinafter referred to as "Lessor ") and ASPEN CENTER FOR VISUAL
ARTS, a non- profit corporation, Aspen, Colorado (hereinafter
referred to as "Lessee ").
W I T N E S E E 'T l3 : •
WHEREAS, the City of Aspen is the owner of that certain
building formerly known as the Holy Cross Electric uuilding situ-
ate at North Hill Street, Aspen, Pitkin County, Colorado; and
WHEREAS, Lessee is a non-profit corporation which provides
beneficial and munificent purposes for the community of P.cpen,
Colorado; and
WHEREAS, the City Council of the City of Aspen has declared
that it would be for the benefit of the City to make this space
available at little or no rental cost;
• NOW, THEREFORE, for good and valuable consideration, and the
mutual benefits to be derived, it is agreed by the parties hereto
that:
1. Lessor does lease to Lessee that building and premises
located at North Mill Street, Aspen, Pitkin County, Colorado, for -
merly known as the Holy Cross Electric building and more particu
larly described in Exhibit "A" attached hereto and made a part
hereof by reference, for and during a term commencing June 1,
1979, and terminating at midnight, May 31, 1999, at an annual
`J dl /y{ rental of Ten Dollars ($10.00) , payable on the first day of the e.
next calendar month, and annually thereafter.
2. No material repairs or alterations shall be ,wade by
Lessee until all plans therefor have been approved by the City
Manager and Lessee has satisfied all the pertinent building, hous-
ing, zoning and health code provisions of the City of Aspen and
State of Colorado.
3. It is understood and agreed that Lessee shall use and
occupy the premises described in Exhibit "A" attached hereto and
•
. P.5 /7
SEP 17 '91 1303 WSTIN F. ^CE
made a part hereof by reference as a visual arts center, in
accordance with Lessee's Charter and for no other purpose.
4. At the commencement of the term of this lease, Lessee
•
shall acccept the demised premises in their existing condition,
and Lessor makes no representation, statement or warranty express
or implied, as to the condition of the premises or its suitability
for its intended use, latent or patent, in such property or for
any limitation on its use.
5. Lessor shall insure the building in such manner and for •
such amounts as it deems desirable, at its expense. Lessee shall
insure the contents and the art to be displayed therein in a
reasonable amount, and shall obtain•liability insurance in an
amount of not less than $400,000 with Lessor as an additional
named insured, at Lessee's expense. Lessee agrees to indemnify
and hold harmless the Lessor from any and all claims for injury or
property loss, or other causes of action, arising from the use and
occupation of the premises by Lessee, its..ayents and employees.
6. It is understood and agreed that utility expenses cover-
ing the premises shall be paid by the Lessee.
7. Lessee agrees to neither sublet the premises nor assign
• • this lease.
D. No siyn, advertisement or notice shall be affixed to the
exterior of the leased premises by Lessee, except in such manner,
and of such'size, design or color as shall be approved in advance •
by the City Manager.
9. (a) Lessee agrees to comply with all present and future
federal, state and municipal laws, rules and regulations in its
use and occupancy of the leased premises, and maintain the
interior of the leased premises in good repair and in a clean and
healthful condition at its own cost and expense during any periods
Of occupancy by it under this lease agreement whether the neces-
sity for such repairs or maintenance arises by reason of wear and
• tear, fire, accident or any other cause (except to the extent that
the costs for any such repairs or maintenance are covered by
1
P.6 /7
SEP 17 '91 13:09 PUSH'
insurance) . With the exception o snow plowing the parkiny lot
and driveway which plowing shall be the responsib }lity of the
Lessor, the general maintenance of the grounds around the leased
premises shall oe the sole responsibility of Lessee at its owr: •
cost and expense.
(b) Lessee agrees if reasonably possible to contract fat
the services of a mechanical contractor acceptable to the City
Engineer of the City of Aspen for the yeneral mechanical main-
tenance of the leased premises at its own cost and expense. In
any event, Lessee shall be responsible for needed repairs there-
to.
10. The parties agree that upon default in the performance
of this Agreement, Lessor may, at its option, terminate this Lease
by written notice to the Lessee. Furthermore, either party shall
have the right to terminate this Lease upon six months' advance
written notice.
11. It is mutually understood and agreed that in case the
premises shall become untenantable on account of damage by fire,
flood, or act of God, this Lease may be thereupon terminated and
all parties shall be thereafter released from further liability.
12. Upon the termination of this lease, Lessee shall remove
all trade fixtures and personal property belonging to Lessee,
repairing any damage caused in such removal, and all personal
property not removed by Lessee shall be conclusively presumed to
have been abandoned and may be appropriated, sold, destroyed or
otherwise disposed of by Lessor.
13. At the option of the City Council, Lessor shall have a
member of City Council or the City Manager serve as an ex- officio
member of the Center's Board of Directors; said ex- officio member
shall be invited to attend all meetings of the Lessee's Board and
shall generally act as a liaison between Lessor and Lessee.
IN WITNESS WHEREOF, the parties hereto have executed this
Lease Agreement on the day and year first above written.
LESSOR: •
THE CITY OF ASPEN, COLORADO.
'Herman Edel
Mayor
• SEP 17 '91 1309 W N F�_RCE P.
ATTEST:
Kathryn E ' Koch
City Cler
ASPEN CENTER FOR VISUAL ARTS
By R' 1 :i {
ATTEST: f�
sy R te/ .
•
4
ASPEN /PITKIN PLANNING OFFICE
130 S. Galena Street
Aspen, Colorado 81611
(303) 920 -5090 FAX# (303) 920 -5197
June 19, 1992
Donna Linnecke
Aspen Art Museum
590 N. Mill St.
Aspen, CO 81611
Re: Colorado Cutthroat Trout Stream Margin Review Exemption
Case A47 -92
Dear Donna,
The Planning Office has completed its preliminary review of the
captioned application. We have determined that this application
is complete and have referred it to the City Engineer and Parks
Department for review and comments.
All applications are now being scheduled for the Development Review
Committee (DRC). The DRC is a committee of referral agencies which
meet with Planning and the applicant early in the process to
discuss the application. Please attend the July 2, 1992 meeting
at 3:00 p.m., City Hall, City Council Chambers.
If you have any questions, please call Leslie Lamont the planner
assigned to your case.
Sincerely,
Debbie Skehan,
Office Manager
ASPEN /PITHIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
Phone 920 -5090 FAX 920 -5197
MEMORANDUM
TO: City Engineer
Parks
FROM: Leslie Lamont, Planning Office
RE: Colorado Cutthroat Trout Stream Margin Review Exemption
DATE: June 19, 1992
Attached for your review and comments is an application submitted by Aspen Art
Museum requesting Exemption from Stream Margin Review for the Colorado
Cutthroat Trout Spawning Channel.
Please return your comments to me no later than July 6, 1992. Thank you.
Development Review Committee is scheduled for July 2, 1992.