Loading...
HomeMy WebLinkAboutcoa.lu.sm.Mill Street Bridge.1983 r 111 4IV MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Glenn Horn, Planning Office((.. RE: Mill Street Bridge Replacement - Stream Margin Review DATE: July 19 , 1983 Location: Mill Street at the Roaring Fork River (see location map, Exhibit 1) . Applicant' s Request: The Pitkin County Commissioners are requesting special approval to reconstruct the Mill Street Bridge. Exhibits 2 and 3 which are attached depict the proposed bridge. Planning Office Review: Section 24-6 . 3 of the Municipal Code establishes review criteria to guide the use of land within 100 feet, measured horizontally from the high water line of the Roaring Fork River. The purpose of stream margin review is : 1. To promote safety from flooding. 2. To prevent impediment of natural water flow. 3 . For adequate protection and preservation of the des.ignatod_:natural water courses as important natural features. The six review criteria referenced in the Code (Section 24-6 . 3 (c) ) are listed below: 1. No building shall be located so as to be within a flood hazard area designated by the U. S. Corps of Engineers Flood Plain Report for the Roaring Fork River. 2. In the event there is a trail designated by an approved trail plan within the development site, such trail shall be dedicated for public use. 3 . All attempts should be made to implement the recommendations of the Roaring Fork Greenway Plan prepared by the Roaring Fork Greenway Committee. 4 . Vegetation shall not be removed nor any slope grade changes made that may produce erosion of the stream bank. 5. There shall be permitted no changes to the stream channel or its capacity, and no activity shall be allowed which will increase stream sedimentation and suspension loads. 6 . All efforts must be made to reduce stream pollution and interference with the natural changes of the stream, and to enhance the value of the stream as an important natural feature. • Memo: Mill Street Bridge Page Two July 19 , 1983 Referral Comments: Engineering Department Having reviewed the Mill Street Bridge stream margin review application, the Engineering Department commented that: 1. The proposed bridge will create a new span considerably higher and wider than the existing span, thereby substantially reducing the backwater effect created by the existing bridge. The proposed bridge represents an improvement over the existing bridge with respect to flood- plain hydraulics . 2. The proposed bridge will not be within the flood hazard area as designated by the U. S. Corps of Engineers Floodplain Report for the Roaring Fork River. (See flood hazard map, Exhibit 4) . 3 . No construction activity will occur within the river. 4. The proof of ownership submitted by the applicant indicates that Pitkin County owns the land on which the existing bridge is located upon and land on which the proposed bridge will be located. Environmental Health Department No long term adverse impacts are anticipated. There may be short term construction impacts . City Attorney The Attorney 's office commented, pursuant to Section 24-6. 3 (c) (1) of the Code, that if the City Engineer or Building Department determine that the new bridge will be located within the flood hazard area, the applicant would be required to go to the Board of Adjustment for a variance. Since the Engineer has determined that the bridge is not within the flood hazard area, a variance will not be required. (See Exhibit 4 . ) Planning Office Comments: The Planning Office comments are limited to a discussion of the previously referenced review criteria and do not address broader considerations relating to the Smuggler Area Master Plan and the need for the bridge. The proposed bridge will be 27 feet longer than the old bridge and improve stream flow. Due to backwater conditions created by . the .existing bridge, the Aspen Visual Arts Center is located within the 500 year floodplain and on the border of the 100 year floodplain line (see attached map, Exhibit 4) . The proposed bridge will increase the " size of the channel opening from 410 square feet to 650 square feet. As indicated by the referral agency comments, the proposed bridge is not located within the flood. hazard area. Therefore, it is not necessary for the applicant to pursue a variance from the Board of Adjustment. • • Memo: Mill Street Bridge Page Three July 19, 1983 The proposed bridge will be constructed higher than the existing bridge to permit the future construction of a pedestrian trail under the bridge as proposed in the Aspen/Pitkin County Trails Master Plan. Since the proposed bridge will be constructed on a slightly different alignment than the existing bridge, a limited amount of existing vegetation will be removed. The applicant has agreed to revegetate the. river bank in conformance with plant species recommended in the Roaring Fork Greenway Plan (p. 8) . All efforts will be made by the applicant during the bridge construction period to minimize increases in stream sedimentation and pollution. Construction will occur during the late summer when the water level is lowest. This will decrease the potential for temporary stream pollution from sedimentation. Planning Office Recommendation: The Planning Office recommends approval of the stream margin review with the following conditions: 1. All representations made by the applicant in the attached application are adhered to. 2. The applicant will revegetate the stream banks in a manner conforming with the recommendations of the Roaring Fork Greenway Plan. • . • . . . . . ' •. . • . .. •. .. 0 . • . ... . .. , . . . • •. . . . . .. • • . • • . • '- .1,....... • .. ..., , , .. ..• ... •' ' !"., . , iI. . , — - i ' - ::,-,'".`• . I . I . • .3` \. . . \\' `....r. .. -‘ . .• . P „._. ....., '\ . : , . ...., ,: N .• \ . ... . ) • 3 • r ;.•; . . r..." 1 . • . r'.,:,..'ti,,,:).',:cl'•.•, • r , ' • / ' ' .... .. , ' \ 't "..'.")'L''')) ‘4. '-,A •\,' v:...I , s• it ,.-* • r ; 1 \ • , • . -; . • — ->\ 'r"." n'"--)) I \ ., r .,.., ,„ ,.._,..),,, ‘ ,., 2,5, .. , ,. ; i 1-:\. '• ' ° • n . , . • \ C-...ThL.--" ) ('' ' ' • \? ■. , . .. • . . . , . C ,. •■,. i. ),...; i. : 1.), i : .\\\ \ (...3' :•""'.• ‘', 4 .' . . ,./..• . /.",••' •• . r ,:.,... .! ,.., . .....,. . , r c.,,. (J . ,.., : ..........._ _ \ .\\ ,...., - •, , , ,:...„ ,,, ,.. • ., . . •••.. . ..‘ ..-_:---""-......------• --------:• 1 l''''''''''''.: / .. . . . .... . .', • .... , ' ti- .'''''' .----.4 / t `-• • I . : . .\ . ' . ' - 'V, . ):'' .'. ,C",-,\' • . % ' \I' ''/' ., ,--'-' ''Ui•L'' •.,. '.-.),:5 ',. le.r.,. ' ',...j vc. , - ,.. .....--' 7------ ( \ ,, \--• ;..1 '.. C •. , \ .,.. .. . •. ,•/". \--. ("7\r----7,- • . •,-........ To \ -3---:•.....,._ v —1. .. / . /1-7Th % ' \\ ... ,/ ,‘4 , C- - •''..-- ' : s..\.*:‘// . - ...- • ., 41 . ....,c__J.. • . . • 4,4 ,, r ,,,- . -)-,-./- .-.. Hi.-„-, . \ .., .. ... , •,. ,0 . „,.• ,..)(......___21/ ,. . . . ...• r.--.7.,-; t: 1•=, ..\••• ,-), • j ' .•' ., ) ,-,.. 7 , • ." is. / '.e r.) . ) : . ', . \ • \ ii J.. ,..... (.......„L___) . ,.., •,,i,, ; / . \ . ' 1 , N, - • ../. .. . ' .- - ----- ' ...'• - , :•;:. 0- • . • . / 1', ■ • • • . r\A / . : .• • • /<•I".- vt., ti . . • • . . • i / ,, ..::1- f,t ‘'...:' ',, ,,T 3 • .. ,, ..., .)• • 44 • i 1 ... . t•-•.....)k.---' • / • ' - 4 • •-, C.- <4. Its:■----) ' ------... ■ ;, .'1'. . ' :'r• I I.; ' 1 ' i "t./, ;-I; • -. I .. .-—,• .. i..r. :,.. •r ,,Q__...._ •:ti t 7c140 -----1, 'f' . • . b 1 - : ; ' , i •.., • i .. ...:7; .1. -.• I:. ''. - ] .: ( -%.- ' / f!--;; • 1 ! • . 11 .. . • ...' , .11 67 .../ i t . • - . . . . • ir,....• " •••' ( .L.: . \ )I.. . \ .•'• 54.,....1 „.) .i V iq -r..,r;t7,:-:',.-. ""' .,,..7.!?7,711.7.,':!:',.':,,VM-::",:<:;;74-,r,V:-V-7,1,7:q7.7=7:".. :‘,..7.'::"-'7."Cif.',2:',.V.'.::.,;,2..'..%',,,,,P.,,-.4:-.1i.i.,-th, ',,,N.(:„.:,,.-„.5.`,-'.7-,.-.7 n....,.-.,:-J21.-.w,4;,,,,,,,s,. .-..,:j.,t;'1 r.;,-4.,i=,:,,,;,.•.,....:,;.,,,f-;.,,,.:..,,:.: , ....•• *.,:... . , -. . .... . • ' , . . , , , . . -,•1'1, . . . . .• • . . . . . , . , • '.... ! - .' . - . ' - . . • .. . . , : . • --- - .,, '',.... i ... .. . . . .. . . . . . . . . ' ,.. , - • . • . . . . .. . . , . . . . . .,.... • . . . . ,... . . . . . . . . . , • . • . . TA7. E--- • . Z.--/.... . / Re 4°4 5- • • _ . . tri mat a (D a) m n r-t• . . CCI O . . k /\ ;•/ �, • - es a.. t4 / • ,a) . 00 - -• \ . . • . • • • - • .....• . Ait / . \ \\\. . •! '� Ili . . . • . .-. : �► • r ., . Mk - . . . J - a z, . • P .. . . fi..1.. '.: k .\ \* \... . ,. _ _ ...... . . . . ....: :-.1 .. • ,.., ..: :,) , ,�, W* , \ \ • 1 . . . .. . • ., . . . . .),• . . ...., . 4-,. . ; .?:i .. (/ 1 , . �� 11111,111/11• 1 • .Ili* �� . �.•• • • xNiQi � f `. •• 4 __ r• ( • 1 •' • s a• . -iy' c �'a r..:b c s v°A a�'F^�' �d>• ... . 1., q• ri.@.M .,� 'fie; .�.-^.k°' - • Ft• • • e r ^� i 'x' •)Ax) t?i-Z.FiV- . -->— x! t � [ �ER�N6D ABUTMENT 1 c • : i i �A Et,EVATtOIJ YEW • X t-1 I R \ z' 3 • • L f"a • • /, • A ,..... .1 ''''..4fAk, ':),•,&%,1 .•,-''''' ' tet4wo "` "• 4 , .... :,. ,, ,,,, . ,,,- 4-,,.,-,,_. ,-„,,,-;,,--:-.-1;1-4,,r. .dib 4.(1,.%4V ,,--yLI ' //4/# n 8 ;� fl � •71,7 " ` t W � r q i s 7 9 ",: h `t r - w vas rS ii41;::.;:ii:_i::::; rd �f £ u-, a r aF tti s j„ 1, a .' ., ':•�,r f ? tJ4L. ,,.. „,,,„ oaf `-?c.''� .., '4'7) ' •-•' ,I k;:C=. Cio 0,‘ 2' i '':;...,,, ,-"1'1,- —,'"t.' AO., . _.$111111.illidir 4 - -.,;_,.....-. , ,,,,,,,, ,,,,,..,,,,,..,:,,,„,7,,, .. - ...,,,,.,_. „...7%., Arzt.,..,,, ..„„iii, . -....,___......-7...,4.- -.--,,.. t.,4...,„.,1.,.., ......,7-1.*--*'C4iii,,Th ' cep,,„in ,.....1..,■.... - , , '- ',.,,,,,,„,, ..g`i' I <>41rob, k \ - .:2+:''''''.''''',:,-.'',. : ,,,)'A.,-..;-, nii\ „.. , „ 4 ,dir.,04'-' or ,...„..., ,.., ...,..9, tk /..rA' `, It4c.:=‘-'; -:--.-,,, .....,- , ,,„,„....„,,„, , \ ,,,,,,, liplIN) . ( - 4=••,,,,' -,a-ce , i‘ • „, 4 \. \0- ,,, ,,.,:-1,.4...,,.:,...,,s -.,,,,,,, 1 \,,,A.f., „,...„ , \\ \ \,- ,04 0 _,...:;„t„:„,. ,_,_,..: :-:\t Lx, i il-.. k \- It S o\ ,i \ tit tkil,,,,„ •''• . ,',..I...--;,- 'At\ i • 4■10:0A,\.4or . o \ coo : rr ' 1/c ,, , 41444 ( '''.r4ftf..‘' II."(-%'''''s, ,4':7'v--e.."'•4'''.1 lb , /14144! 4' ,• a * ' 1 A /� " t« as �: �f� i /� o d� fit. �s I I ,�' �� "/`` � - II ♦` I I LO\:\ - ." - (t. ) iil hr} `i - X V I . s / r I / .- 6) . .— 1 -_ 7 . , \ ►— d m _..O 0 . , / / \' 1 It c\.....,NO t N . V , N \ , , ,... ! , .- ,, Fl — s. rn W A'c 3 __ :c.,- c.a I I z d a r r m _c0 v m I : Y' l G n 9 < m CL '41 C C - N i I y CA A o II O - — ca—N O' I I O c,..r <• 3 O N m m �°- G —O dO 0 co ra ri o I O a O o ° c N o ° a o I 0'o - d o -•7< • N p Z c _ 0 _o o o O O d N a m ° 0 r 7 °-a CD a 0 C N 0 •G '. ►m n m 3— Z N --•a p y o— 0 _ (4 .+ •' — -I X -4 00 n a O f -. -. o co m b a m n o co a.XI— -. N Z m C W O °O a O -. - B N -. 7 co c° cc .. ° w > d m n o N N - > Q—G-I — ..m _. d N d < a - d 0 B Qd 0 2 2 n m o O O 0 v w a n., S O —C7 m y co o o m .y m r 00 0 �p CO C N= a C m o•I - C n y d+I m 0 3 d c y r p D 9 •C — co S d N o o O O co Z T ; O �c c� m a nm a < N 0.'.0 CO d d w n� " - -.o 1 2 m 7.d Om .2. -`O ' N o A G A p O a N a CD• • June 21, 1983 Planning Office City Hall 130 S. Galena Aspen CO 81611 Dear Sirs: Pitkin County is proposing to build a new bridge across the Roaring Fork River at Mill Street and Red Mountain Road. Per City of Aspen Code Section 24-6.3 Stream Margin Review the following issues must be addressed. 1. As this structure is a bridge it lies within and over the hundred year frequency flood plain for the Roaring Fork River. The bridge 7 is feet 'longer than the old bridge however, so it will not impede the flow of the river under the most adverse conditions. 2. The Trail Master Plan shows a general trail corridor in the vicinity of the bridge. The bridge is being constructed higher than the existing' bridge so that a trail ma y be constructed under th e bridge. (See Plan) All land around the bridge is already in public ownership. 3. The bridge will impinge on the greenway by virtue that it crosses the greenway. Aesthetic considerations in design should reduce its impact. The structure will be box concrete construction giving underneath a clean appearance and the facade will be stone, giving a rustic visual appearance from on top. 4. As the bridge is on a slightly new alignment some vegetation will be removed. Old bridge abutments will be removed. Large boulders will be placed under the abutments of the new bridge to protect them and the area will be reseeded. Slopes from the old bridge will be laid back and reseeded and new bridge will be outside existing slopes. 5. The new bridge does not impede on the stream channel in any way. 6. Run-off from the bridge deck will be channeled to either end of the bridge so that run-off will not go directly into the river as is now the case. 7. Plant materials involved in this project will be the loss of two . small cottonwoods and grass, however additional landscaping should more than correct these losses. Relandscaping plant materials will be contingent on final engineering drawings. Consideration will have to be given to adequate, sight distances at the intersection. Low shrubs and grass will be used where sight distances are critical. Trees will be used wherever possible. j 8. The attached deeds confirm public_ ownership of the lands around the Mill Street Bridge, Deed Book 318 page 429 is the deed on the Visual Arts property and Deed Book 180 page 145 is deed covering all other lands around the bridge. Warren Conner of the. Assessor's Office researched the deeds. • • • • • M E M O R A N D U M TO: Glenn Horn, Planning Office FROM: Jay Hammond, City Engineering,. DATE: July 13 , 1983 RE: Mill Street Bridge Stream Margin Review Pursuant to Gary Esary' s memo of July 12 , 1983 , regarding the location of the proposed Mill Street Bridge within the floodplain the City Engineer' s office would respond as follows: The basis for flood zone location is currently the U.S. Army Corps of Engineers Floodplain Report undertaken in 1973 . This report is the governing document for evaluation of Stream Margin review applications. The report indicates the intermediate regional flood as being constricted by the current Mill Street Bridge creating a substantial backwater effect in the area of the Visual Arts Center. The proposed bridge creates a span both higher and wider than the existing span. This will create a bridge that mitigates flood impacts considerably and in fact is not in the floodplain as it is currently defined. Clearly, the floodplain will readjust following re- placement of the bridge into a configuration defined by the new restriction. It remains our position, how- ever, that the proposed bridge represents a significant improvement to the flood zone over the existing situation and should be constructed. JH/ssw • MEMORANDUM TO: Glenn Horn, Planning Office FROM: Jay Hammond, City Engineering DATE: July 6, 1983 RE: Mill Street Bridge Stream Margin Review Having reviewed the above application, and made a site inspection, the City Engineering Department has the following comment: The new bridge design represents a significant improvement over the existing bridge with respect to floodplain hydraulics. Per my conversation with the County Engineer, the new bridge utilizes abutments placed high on the banks and, with the possible exception of demolition of the old wingwalls, no construction activity should occur within the river. We would therefore endorse the plan as a substantial improvement to the river zone and a desirable alternative to the existing situation. JH/co • • Op dQ CITYJ1rASPEN ° ° 130 s,ourtch ga1e a n0s= reet asp , o 15 r a-d 1j�8'1611 3-03"-E-925`=-1.020 MEMORANDUM DATE: July 12 , 1983 TO: Glenn Horn FROM: Gary Esary& RE: Mill Street Bridge Stream Margin Review Generally, the County submission should be reviewed pursuant to Section 24-6. 3 of the Municipal Code. It is unclear to me whether this structure will be within the flood hazard area, as defined in 24-6. 3(c) ( 1 ) . I assume the engineering and/or building department will make this determina- tion. If it is within the flood hazard area, our procedure has been to refer the applicant to the Board of Adjustment for a variance. In this case, since the new structure is reducing a present non-conformity, a variance is a likely probability. I assume Planning will determine compliance with the Greenway Plan and trail plan. I assume that Engineering will be checking the legal description contained in the Quitclaim Deed and Court Decree in Civil Action No. 5338. If a question as to ownership arises , our normal pro- cedure is to require the certificate of a licensed Colorado attorney or a title company. The sketch map I received does not show the flood hazard line, v; .4., 100-foot line or the vertical clearance of the bridge from the high water line. GSE/mc • ASPEN PITKIN S ENVIRONMENTAL HEALTH DEPARTMENT • MEMORANDUM • TO: cG1.enn---Horn,:__P.lanning' Office. FROM: Thomas S. Dunlop, Director -`5 Envioronmental Health Department DATE: June 27, 1983 • RE: Mill Street Bridge Stream Margin Review • This office cannot foresee any long term adverse impacts of allowing this project to take place. There may be short term or temporary conditions which will exist during construction such as dust, equipment noise and soils entering the river. These situations will be investigated as they come up. It is felt, however, that minimul impacts will be realized. Approval of this review and project are recommended. TSD/co 130 South Galena Street Aspen, Colorado 81511 303/925-2020 MEMORANDUM TO: Aspen Planning and Zoning Commission FROM: Glenn Horn, Planning Of fice(N RE: Mill Street Bridge Replacement - Stream Margin Review DATE: July 19 , 1983 Location: Mill Street at the Roaring Fork River (see location map, Exhibit 1) . Applicant' s Request: The Pitkin County Commissioners are requesting special approval to reconstruct the Mill Street Bridge. Exhibits 2 and 3 which are attached depict the proposed bridge. Planning Office Review: Section 24-6 . 3 of the Municipal Code establishes review criteria to guide the use of land within 100 feet, measured horizontally from the high water line of the Roaring Fork River. The purpose of stream margin review is: 1. To promote safety from flooding. 2. To prevent impediment of natural water flow. 3 . For adequate protection and preservation of the designated_ natural water courses as important natural features. The six review criteria referenced in the Code (Section 24-6. 3 (c) ) are listed below: 1. No building shall be located so as to be within a flood hazard area designated by the U. S. Corps of Engineers Flood Plain Report for the Roaring Fork River. 2. In the event there is a trail designated by an approved trail plan within the development site, such trail shall be dedicated for public use. 3 . All attempts should be made to implement the recommendations of the Roaring Fork Greenway Plan prepared by the Roaring Fork Greenway Committee. 4 . Vegetation shall not be removed nor any slope grade changes made that may produce erosion of the stream bank. 5. There shall be permitted no changes to the stream channel or its capacity, and no activity shall be allowed which will increase stream sedimentation and suspension loads. 6 . All efforts must be made to reduce stream pollution and interference with the natural changes of the stream, and to enhance the value of the stream as an important natural feature. f / Memo: Mill Street Bridge Page Two July 19, 1983 Referral Comments: Engineering Department Having reviewed the Mill Street Bridge stream margin review application, the Engineering Department commented that: 1. The proposed bridge will create a new span considerably higher and wider than the existing span, thereby substantially reducing the backwater effect created by the existing bridge. The proposed bridge represents an improvement over the existing bridge with respect to flood- plain hydraulics . 2. The proposed bridge will not be within the flood hazard area as designated by the U. S. Corps of Engineers Floodplain Report for the Roaring Fork River. (See flood hazard map, Exhibit 4) . 3 . No construction activity will occur within the river. 4. The proof of ownership submitted by the applicant indicates that Pitkin County owns the land on which the existing bridge is located upon and land on which the proposed bridge will be located. Environmental Health Department No long term adverse impacts are anticipated. There may be short term construction impacts . City Attorney The Attorney's office commented, pursuant to Section 24-6. 3 (c) (1) of the Code, that if the City Engineer or Building Department determine that the new bridge will be located within the flood hazard area, the applicant would be required to go to the Board of Adjustment for a variance. Since the Engineer has determined that the bridge is not within the flood hazard area, a variance will not be required. (See Exhibit 4 . ) Planning Office Comments: The Planning Office comments are limited to a discussion of the previously referenced review criteria and do not address broader considerations relating to the Smuggler Area Master Plan and the need for the bridge. The proposed bridge will be 27 feet longer than the old bridge and improve stream flow. Due to backwater conditions created by . the .existing bridge, the Aspen Visual Arts Center is located within the 500 year floodplain and on the border of the 100 year floodplain line (see attached map, Exhibit 4) . The proposed bridge will increase the size of the channel opening from 410 square feet to 650 square feet. As indicated by the referral agency comments, the proposed bridge is not located within the flood. hazard area. Therefore, it is not necessary for the applicant to pursue a variance from the Board of Adjustment. Memo: Mill Street Bridge Page Three July 19, 1983 The proposed bridge will be constructed higher than the existing bridge to permit the future construction of a pedestrian trail under the bridge as proposed in the Aspen/Pitkin County Trails Master Plan. Since the proposed bridge will be constructed on a slightly different alignment than the existing bridge, a limited amount of existing vegetation will be removed. The applicant has agreed to revegetate the. river bank in conformance with plant species recommended in the Roaring Fork Greenway Plan (p. 8) . All efforts will be made by the applicant during the bridge construction period to minimize increases in stream sedimentation and pollution. Construction will occur during the late summer when the water level is lowest. This will decrease the potential for temporary stream pollution from sedimentation. Planning Office Recommendation: The Planning Office recommends approval of the stream margin review with the following conditions: 1. All representations made by the applicant in the attached application are adhered to. 2. The applicant will revegetate the stream banks in a manner conforming with the recommendations of the Roaring Fork Greenway Plan. r y 'r \ (------ -; 1,1. \ , . `1 .fri; • ■ \ '..-.1 K \ '-! \ �``. � ✓ I \ t,. _r ,t ,\ ; , t T J SS c iC J (� \\\. • 1, \ J ,C, , ` , , \ 7/ U // -r..A) i f ., 4.5 ,• \":.,)Vt/ / / .......,.....--„,-'?\ -____ 1,' 7/ /''. ../"... \\. ) \\`\ / 76 A E.75,...., "''--- --.,' c , (//,‘,1 r-7-7----..?-,.. , . ‘,...\\..,/ / P/ t • /` i / I ( 1 • `-,�' I • ✓ l'... \ ■ i fi , 1. ''. .. t''''' /1 C.n'•),1 ( .4 . , .'„„.. ..);\ •,, - i \ I {e 1 '_... ti"`,5,�.M .i . .: „':. ,..,x..:-'4c....._.,,.m'a G:a.. ...s„._t..iS.Y......+.u- ,.. ,_...:. ,.,s+.i.'.f.:.:. ,x.. ....w._ L Mr ... ,.. .- II/ 411 June 21, 1983 Planning Office City Hall 130 S. Galena Aspen CO 81611 Dear Sirs: Pitkin County is proposing to build a new bridge across the Roaring Fork River at. Mill Street and Red Mountain Road. Per City of Aspen Code Section 24-6.3 Stream Margin Review the following issues must be addressed. 1. As this structure is a bridge it lies within and over the hundred year frequency flood plain for the Roaring Fork River. The bridge is feet longer than the old bridge however, so it will not impede the flow of the river under the most adverse conditions. 2. The Trail Master Plan shows a general trail corridor in the vicinity of the bridge. The bridge is being constructed higher than the existing bridge so that a trail may be constructed under the bridge. (See Plan) All land around the bridge is already in public ownership. 3. The bridge will impinge on the greenway by virtue that it crosses the greenway. Aesthetic considerations in design should reduce its impact. The structure will be box concrete construction giving underneath a clean appearance and the facade will be stone, giving a rustic visual appearance from on top. 4. As the bridge is on a slightly new alignment some vegetation will be removed. Old bridge abutments will be removed. Large boulders will be placed under the abutments of the new bridge to protect them and the area will be reseeded. Slopes from the old bridge • will be laid back and reseeded and new bridge will be outside existing slopes. 5. The new bridge does not impede on the stream channel in any way. 6. Run-off from the bridge deck will be channeled to either end of the bridge so that run-off will not go directly into the river as is now the case. 7. Plant materials involved in this project will be the loss of two small cottonwoods and grass, however additional landscaping should more than correct these losses. Relandscaping plant materials will be contingent on final engineering drawings. Consideration will have to be given to adequate, sight distances at the intersection. Low shrubs and grass will be used where sight distances are critical. Trees will be used wherever possible. 8. The attached deeds confirm public ownership of the lands around the Mill Street Bridge, Deed Book 318 page 429 is the deed on the Visual Arts property and Deed Book 180 page 145 is deed covering all other lands around the bridge. Warren Conner of the.Assessor's Office researched the deeds. ANT 'Op . s� OFD DEPARTMENT OF THE AR. 44P- / \� SACRAMENTO DISTRICT, CORPS OF ENGINEERS ° --I:4 A Ate'' 650 CAPITOL MALL , •?���. SACRAMENTO, CALIFORNIA OO 95814 c4,r!o _\ E/:'/ REPLY TO Jul 8, 1983 :Nom, - STA7E5 OF is' Y - - ATTENTION OF Regulatory Section (Nl4 82 024) • Mr. Patrick Dobie Pitkin County Engineer 506 East Main Street ' Aspen, Colorado 81611 Dear Mr. Dobie: I am responding to your letter dated June 24, 1983 regarding your plans to reconstruct the Mill. Street bridge across the Roaring Fork River in Aspen, Colorado. The Department of the Army issued a Nationwide permit that allows for the placement of dredged or fill material, associated with minor. road crossings in "waters of the United States." Your crossing can be constructed under this authority provided the work meets the conditions listed on the attached information. sheet. Should you have further questions, contact Mr. W. B. Herring, telephone (303) 243-1199. Sincere ., , ra•i► McN e . Ch` , Regu Unit 4 . 84 Crossr•.ads Blvd , Suite 111 '. ; . Grand Junc on, Colorado 81501 Enclosure Copies furnished: . Department. of Health Denver, Colorado 80220 U.S. Environmental Protection Agency, Denver, Colorado 80295 . - - U.S. .Fish & Wildlife Service Golden, Colorado 80401 Division of Wildlife - Denver, _Colorado 80216 • 411 411 • N1482 • INFORMATION SHEET • NATIONWIDE GENERAL PERMIT FOR MINOR ROAD CROSSING FILLS • A nationwide permit is a Department of the Army permit that is issued on a nationwide basis for specific category of activites that are substantially similar and cause minimal environmental impacts. Nationwide permits are designed to allow the work to occur with little delay or paperwork. They are issued to satisfy the requirements of both Section 10 of the River and Harbor • Act of 1899 and Section 404 of the Clean Water Act, unless otherwise stated. No permit application is required for an activity covered by a nationwide • permit. The Corps of Engineers has issued a nationwide general permit for minor road crossing fills including all attendant features both temporary and permanent that are part of a single and complete project for crossing of a non-tidal ' waterbody, provided that the crossing is culverted, bridged or otherwise designed to prevent the restriction of and to withstand expected high flows and provided further that discharges into any wetlands adjacent to the waterbody do not extend beyond 100 feet on either side of the ordinary high water mark of that waterbody. A "minor road crossing fill" is defined as a crossing that involves the discharge of less than 200 cubic yards of fill material below the plane of ordinary high water. The following special conditions must be followed in order for this nationwide permit to be valid: ' 1. That any discharge of dredged or fill material will not occur in the proximity of a public water supply intake; 2. That any discharge of dredged or fill material will not occur in areas of concentrated shellfish production unless the discharge is directly • related to a shellfish harvesting authorized by Paragraph (a) (4) of this section. 3. That the activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or destroy or adversely modify the critical habitat of such species. In the case of Federal agencies, it is the agency's responsibility to review its activities to determine ,if the action "may affect" any listed species or critical habitat. If so, the Federal Agency must consult with the Fish and Wildlife Service and/or National Marine Fisheries Service; • 4. That the activity will not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water); 5. That any discharge of dredged or fill material will consist of suitable material free from toxic pollutants in toxic amounts; • 6. That any structure or fill authorized will be properly maintained; • • 7. That the activity will not occur in a component of the. National Wild and Scenic River System; and 8. That the activity will not cause an unacceptable interference with . navigation. In addition to the conditions specified above, the following management practices should be followed, to the maximum extent practicable, in the discharge of dredged or fill material under nationwide permits in order to minimize the adverse affects of these discharges on the aquatic environment. . Failure. to comply with these practices may be cause for the district engineer to recommend that the division engineer take discretionary authority to regulate the activity on an individual basis: 1. Discharges of dredged or fill material into waters of the United States shall be avoided or minimized through the. use of other practical alternatives. 2. Discharges in spawning areas during spawning seasons shall be avoided. • 3. Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high • flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters)'. • 4. If the discharge in wetlands creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow, shall be minimized. S. Discharge in wetlands areas shall be avoided. b. Heavy equipment working in wetlands shall be placed on mats. • 7. Discharges into breeding areas for migratory waterfowl shall be • avoided. 8. All temporary fills shall be removed in their entirety. • If the above conditions cannot be met, the work will have to be authorized by an individual or general permit issued by the district engineer. If you have any questions,, or need additional information concerning the nationwide general permit, ,please contact our Regulatory Section, at // / , or telephone (363) ..2 413-//91 �u� • • • STATE OF COLORADO COLORADO WATER CONSERVATION BOARD Department of Natural Resources 4'),, 823 State Centennial Building t 770.. =�._,... 1313 Sherman Street Denver,Colorado 80203 • Phone: (303)866-3441 Richard D.Lamm June 30 , 1983 Governor J.William McDonald Director David'N.Walker Deputy Director Mr. Glenn Horn -Aspen 1 Pitkin Planning Office 130 So. Galena Street Aspen, CO 81611 Dear Mr. Horn, In response to your request for a review of the proposal for the Mill street bridge design on the Roaring Fork River at Aspen, Colorado, we provide you with our findings and recommendations. The bridge crossing is located in an urban area; therefore, • we recommend that the structure be designed to pass the 100-year flood with no obstruction to the flow regime . The hydrologic and hydraulic data which should be used in the design are presented in the Board ' s designated floodplain report entitled- "Flood Plain Information, Roaring Fork River and Castle and Hunter Creeks, Aspen, Colorado" dated June, 1973 . This information and data was designated by Board resolution no. 26 dated October 31, 1973 . We would recommend the following design parameters: 100-year discharge - 3300 cfs 100-year water surface elevation - 7852 .5 MSL 100-year design elevation* - 7853 .5 MSL Type of Structure - open span * A 1 foot freeboard should be added to the computed 100-year water surface elevations when siting the low steel or load beam elevations . •r 5�{ T LYj+yN,',• iii y 1 YY p u C,c;._.._,:..__. 1 i 701 is 11 id, 1 ; 2 "',.. 198 LL/horn. ;iii JUL ,,rm / Piz �'" CO. PLAt ff L G OF-r'ICE John R.Fetcher,Chairman-Herbert H.Vandemuer.Vice Chairman C.M.Furneaux,Floyd L.Getz,Dale F.Grant,Robert A.Jackson,Richard W.Johnston,Jr.,Frederick V.Kroeger,David W.Robbins 4 • Mr. Glenn Horn July 15, 1983 Page two We feel that your design procedure as defined in your June 21 , 1983 memorandum is logical and concise with adequate design collection procedures. We would call your attention to the feasibility of using , large boulders - item 4 - to stabilize the abutments. Large boulders will cause eddies and erosive forces to develop against the embankment; therefore, rip-rap of the 12" - 24" size will provide better abutment protections. As discussed, the 1983, Colorado General Assembly has restricted the Board ' s staff capability for providing these direct technical assistance services to local governments on flood hazard issues for FY 83-84 . Consequently site specific evaluations will not be performed by this office in the forth- coming fiscal year. We will continue to provide direction and coordination of State and Federal Floodplain Management Programs. Sincerely, Lar F. L ng , .E. , Chief Flood Control and Floodplain Management Section LFL/bm cc: Representative Scott McInnis Senator Tom Glass • • oe pitkin county ' -3.i.\.: hi Y. a.'•SS..1e.v<i-.'� iY.ais.a•.N�..r:i..". ... L'..:.^.-inn . mb...':. .t1 ..:.: ... '.s,.\.....u.. _.a,:., ..} ,. .._.... 5.06 east main street aspen, Colorado 81611 :tune 24, 1983 Mr. Grady McNure Unit Chief Army Corp. of Engineers 2784 Crossroads Blvd. Grand Junction CO 81501 Re: Bridge Replacement Project Dear Mr. McNure: • Pitkin County and the City of Aspen are in the process of developing plans for the replacement of the Mill Street Bridge on the Roaring Fork River in Aspen. At this time we need clarification from the Corp. of Engineers as to whether a federal permit will be required. Attached for your review is a sketch plan of the proposed structure and copies of the Flood Plain Information Report in the vicinity of the Bridge. The area of the channel opening under the existing bridge is currently 1' 410 sq. feet with a span of 34 feet. The proposed structure will have 1 a beam span of 75 feet and maintain a 35 foot channel width at the low water line. The new structure will have a channel opening of 650 sq. feet and no modification of the river bottom is necessary. I hope this information is sufficient for you and your staff to make a determination about this natter. If you have a question or need additional information, I can be reached at 925-6527. We are planning to begin construction August 1 this year so time is of the essence. Sincerely, ig,„,44/1 Pat tck Dobie Pittkn County Engineer PD:sb • • Y . ,� 1 • 1 1 MEMORANDUM i I TO: Aspen Planning and Zoning Commission . 1 FROM: Glenn Horn, Planning Of fice V j. RE: Mill Street Bridge Replacement - Stream Margin Review DATE: July 19 , 1983 . Location: Mill Street at the Roaring Fork River (see location map, Exhibit 1) . Applicant' s Request: The Pitkin County Commissioners are requesting special approval to reconstruct the Mill Street • " Bridge. Exhibits .2 and 3 which are attached depict the proposed bridge. Planning Office Review: Section 24-6. 3 of the Municipal Code establishes review criteria to guide.__the use of land within . 100 feet, measured horizontally from the high water er line of the Roaring Fork River. The purpose of stream margin review is: Q 11 , 1 r° n 1. . To promote safety from flooding. • re 0 t.e,v.-2 2. To prevent impediment of natural water flow. . Ftocd.; 3. For adequate protection and preservation of • iyy,i za;y,,, y, the designated natural water courses as important w� � C'k��GC3 natural features. The six review criteria referenced in the Code (Section 24-6. 3 (c) ) are listed below: 1.. No building shall be located so as to be within ,^ a flood hazard area designated by the U. S. o,∎\a(n`4 Corps of Engineers Flood Plain Report for the \ oGA-�e-Cx Roaring Fork River. . ; n do0 tom.; n 2. In the event there is a trail designated by 1-r.G�`\� an approved trail plan within the development site, such trail shall be dedicated for public use. R e�a r� � 3. All attempts should be made to implement the .�v� Ft recommendations of the Roaring Fork Greenway G re..raw P�a� Plan prepared by the Roaring Fork Greenway Committee. Ve.�t c..Tc�T∎ 01\ 4. Vegetation shall not be removed nor any slope • c. } f�wlo�ec5� grade changes made that may produce erosion of the stream bank. •� " • 5. There shall be permitted no changes to the stream S-r-Cc.ek y z channel or its capacity, and no activity shall G��y) mac..( be allowed which will increase stream sedimentation and suspension loads. 6 . All efforts must be made to reduce stream s?e.�, xJC.R_ pollution and interference with the natural .•-s-T-c_e.,rv.. changes of the stream, and to enhance the value Q ©`.... .-tLc n of the stream as an important natural feature. • III A 4 .Memo: Mill Street- Bridge . $ Page Two 1 July 19, 19.83 I . I i fiRef.er_ral `.Comments: Engineering Department Having rev.iewed ' the Mill Street Bridge stream margin review application, the 'Engineering • Department commented that: 1. The proposed bridge will create a new span considerably higher and wider than the existing span, thereby substantially reducing the backwater effect created by the existing bridge. The proposed bridge represents an improvement ' over the existing bridge with respect to flood- plain hydraulics . . • .2. The proposed bridge will not be within the • flood hazard area as designated by the U. S. Corps of Engineers Floodplain Report for the Roaring Fork River. (See flood hazard map, Exhibit 4) . 3. No construction activity will occur within the river. 4. The proof of ownership submitted by the applicant • indicates that Pitkin County owns the land on which the existing bridge is located upon and . land on which the proposed bridge will be located. Environmental Health Department . No long term adverse impacts are anticipated. There may be short term construction impacts . City Attorney The Attorney ' s office commented, pursuant to Section 24-6. 3 (c) (1) of the Code, that if the City Engineer or Building . Department determine that the new bridge ' will be located within the flood hazard area, the applicant would be required to go to the Board of . Adjustment for a variance. Sinc6 the Engineer has determined that the bridge is not within the flood hazard area, a variance will not be required. (See Exhibit 4 . ) Planning Office Comments: The Planning Office comments are limited to a discussion of the previously referenced review criteria and do not address broader considerations relating to the Smuggler Area Master Plan and the need for the bridge. The proposed bridge will be 27 feet longer .s than the old bridge and improve stream flow. Due D to backwater conditions created by the :existing .4, bridge, the Aspen Visual Arts Center is located e- -within the 500 year floodplain and on the border \.j.„, of the 100 year floodplain line (see attached map, Exhibit 4).. The proposed bridge will increase- the size of the channel opening from 410 square feet to 650 square feet. • As indicated by the referral agency comments, the proposed bridge is not located within the flood hazard area. Therefore, it is not necessary for the • applicant to pursue a variance from the Board of Adjustment. 4.. . a Memo: Mill Street Bridge r. Page Three t July 19, 1983 t The proposed bridge will be constructed higher than the existing bridge to permit the future construction of a pedestrian trail . �ecaes,riw/l under the bridge as proposed in the Aspen/Pitkin t TG's I County Trails Master Plan. Since the proposed bridge will be constructed on a slightly different alignment than the . existing bridge, a limited amount of existing Ve3 a,Tu,ft°,1 vegetation will be removed. The applicant has- . , agreed to revegetate the river bank in conformance with plant species recommended in the Roaring Fork Greenway • Plan (p. 8) . - All efforts will be made by .the applicant . during the bridge construction period to . .tie. minimize increases in stream sedimentation S-ed1 l'Ml and pollution. Construction will occur during. the late summer when the water level is lowest. This will decrease the potential for temporary stream pollution from sedimentation. r Planning Office . Recommendation: • The Planning Office recommends approval of f the stream margin .review with the following conditions: • 1. All representations made by the applicant in the attached application are adhered to. 2. The applicant will revegetate the stream banks in a manner conforming with the recommendations of the Roaring Fork Greenway Plan. '3, (` r2 T-•-A-)c- P�›.- i S T i ✓1 Gc7rt Tbn DVS . on S . to , C�c7rne,r.. • • • • . � �� . • ���& � ��� • . ^ �N� �N�' • . • . • • . ..' � ' .--, ' `.',' � ' - ` . �-'_____ - ^'_---- [ - ' ' - - _ - � - �. ---'-'_'-_--' .____--__--_ _-_--_______ _--_--'--_---__� � . � . . ; • \ . . .. ) . IA ' • • : ) .., It : ( . . . . . - r\ .‘ ; ... .,. .:, ...., . . , , , , . \ . , .\ . , , . . , . \ , o‘c.f...)" r-'-1), • \c(2. .... ... : ,), 2r-. . . ' '6s° 11 t 7.,.; \ ". \ ,,..)1... i//.A). • • f... \% \\''''\:\ ., \ {- . ,••• c:,......s./..„, .. 1.›. ' : .• /II\ 6 ' . .71.\ ....... r ----(n. __ ___-_ • . . .. . i, t, \..,,,,„, _ _. . ys„... ........., . . . , ../ ...,,. .., „.... . r___ ‘, /../,..i , ; ... :.... . ,. . .. ,.. , 4•"--...lk."") . . .:... '11,,,..7 . ;...t\ . "197 t•......-..--..... : .ti i 7 • . • i . \ 1 . ■ ' . 41 . ' ' ^ _,. June 21, 1983 Planning Office City Hall 130 S. Galena Aspen CO 81611 Dear Sirs: Pitkin County is proposing to build a new bridge across the Roaring Fork River at Mill Street and Red Mountain Road. Per City of Aspen Code Section 24-6.3 Stream Margin Review the following issues must be addressed. 1. As this structure is a bridge it lies within and over the hundred year frequency flood plain for the Roaring Fork River. The bridge is feet longer than the old bridge however, so it will not impede the flow of the river under the most adverse conditions. 2. The Trail Master Plan shows a general trail corridor in the vicinity of the bridge. The bridge is being constructed higher than the existing bridge so that a trail may be constructed under the bridge. (See Plan) All land around the bridge is already in public ownership. 3. The bridge will impinge on the greenway by virtue that it crosses the greenway. Aesthetic considerations in design should reduce its impact. The structure will be box concrete construction giving underneath a clean appearance and the facade will be stone, giving a rustic visual appearance from on top. 4. As the bridge is on a slightly new alignment some vegetation will be removed. Old bridge abutments will be removed. Large boulders will be placed under the abutments of the new bridge to protect them and the area will be reseeded. Slopes from the old bridge will be laid back and reseeded and new bridge will be outside ii existing slopes. 5. The new bridge does not impede on the stream channel in any way. 6. Run-off from the bridge deck will be channeled to either end of the bridge so that run-off will not go directly into the river as is now the case. 7. Plant materials involved in this project will be the loss of two small cottonwoods and grass, however additional landscaping should more than correct these losses. Relandscaping plant materials will be contingent on final engineering drawings. Consideration will have to be given to adequate sight distances at the intersection. Low shrubs and grass will be used where sight distances are critical. Trees will be used wherever possible. a 8. The attached deeds confirm public ownership of the lands around the Mill Street Bridge, Deed Book 318 page 429 is the deed on the Visual Arts property and Deed Book 180 page 145 is deed covering all other lands around the bridge. Warren Conner of the Assessor's Office researched the deeds. • r- M E M O R A N D U M TO: Glenn Horn, Planning Office FROM: Jay Hammond, City Engineering . ( DATE: July 13 , 1983 RE: Mill Street Bridge Stream Margin Review Pursuant to Gary Esary's memo of July 12, 1983,. regarding the location of the proposed Mill Street Bridge within the floodplain the City Engineer' s office would respond as follows: The basis for flood zone location is currently the U.S . Army Corps of Engineers Floodplain Report undertaken in 1973. This report is the governing document for evaluation of Stream Margin review applications. The report indicates the intermediate regional flood as being constricted by the current Mill Street Bridge creating a substantial backwater effect in the area of the Visual Arts Center. The proposed bridge creates a span both higher and wider than the existing span. This will create a bridge that mitigates flood impacts considerably and in fact is not in the floodplain as it is currently defined. - . Clearly, the floodplain will readjust following re- placement of the bridge into a configuration defined by the new restriction. It remains- our position, how- ever, that the proposed bridge represents a significant improvement to the flood zone over the existing situation and should be constructed. JH/ssw III MEMORANDUM TO: Glenn Horn, Planning Office FROM: Jay Hammond, City Engineering . !<--• DATE: July 6 , 1983 RE: Mill: Street Bridge Stream Margin Review Having reviewed the above application, and made a site inspection, the City Engineering Department has the following comment: The new bridge design represents a significant improvement over the existing bridge with respect to floodplain hydraulics. Per my conversation with the County Engineer, the new bridge utilizes abutments placed high on the banks and, with the possible exception of demolition of the old wingwalls, no construction activity should occur within the river. We would therefore endorse the plan as a substantial improvement to the river zone and a desirable alternative to the existing • situation. JH/co • s Ef • (drs. 130 south galena street aspen , Colorado _81611 303-925.,-2020 . MEMORANDUM DATE: July 12, 1983 . TO: Glenn Horn FROM: Gary Esary L• RE: Mill Street Bridge Stream Margin. Review Generally, the County submission should be reviewed pursuant to Section 24-6.3 of the Municipal Code. It is unclear to whether this structure will be within the flood hazard area, as defined in 24-6. 3( c) ( 1 ) . I assume the engineering and/or building department will make this determina- tion. If it is within the flood hazard area, our procedure has been to refer the applicant to the Board of Adjustment for a variance. In this case, since the new structure is reducing a present non-conformity, a variance is a likely probability. I assume Planning will determine compliance with the Greenway • Plan and trail plan. I assume that Engineering will be checking the legal description contained in the Quitclaim Deed and Court Decree in Civil Action No. 5338. If a question as to ownership arises , our normal pro- cedure is to require the certificate of a licensed Colorado attorney or a title company. The sketch map I received does not show the flood hazard line, `-, ;9 100-foot line or the vertical clearance of the bridge from the high water line. GSE/mc ® ® • ASPENOPOT ENVY , F,ENTAL HEALTH UiE *ARTMEf ' T tnr MEMORANDUM TO: Glenn Horn, Planning Office FROM: Thomas S. Dunlop, Director Envioronmental Health Department DATE,: June 27, 1983 RE: mill Street Bridge Stream Margin Review This office cannot foresee any long term adverse impacts of allowing this project to take place. There may be short term or temporary conditions which will exist during construction such as dust, equipment noise and soils entering the river. These situations will be investigated as they come up. It is felt, however, that minimul impacts will be realized. Approval of this review and project are recommended. TSP/co 130 South Galena Street Aspen, Colorado 81611 303/925°2020 • • ( .\Y‘ 1(000,:iON - , patkin car Anty 1 �4 ' SSE ..,,_.:....,•.:.., Fes..., .ry.ti,..._.>sf .. .•, .: 5.06 east main street . aspen, Colorado 81611 . . . ..---------. .,.._<...",17. . June 24, .1983 t Mr. Grady McMure t - Unit Chief • s Army Corp. of Engineers 2784 Crossroads Blvd. f Grand Junction CO 81501 y1 i Re: Bridge Replacement Project t Dear Mr. MoNure Pitkin County and the City of Aspen are in the process of developing I plans for the replacement of the Mill Street Bridge on the Roaring t Fork River in Aspen. At this time we need clarification from the Corp. of Engineers as to whether a federal permit will be required. i Attached for your review is a sketch plan of the proposed structure and copies of the Flood Plain Information Report in the vicinity of t the Bridge. fThe area of the channel opening under the existing bridge is currently 410 sq. feet with a span of 34 feet. The proposed structure will have a beam span of 75 feet and maintain a 35 foot channel width at the low water line. The new structure will have a channel opening of 650 I sq. feet and no modification of the river bottom is necessary. II hope this information is sufficient for you and your staff to make ! a determination about this matter. i • I If you have a question or need additional information, I can be reached 1 at 925-6527. We are planning to begin construction August 1 this year so time is $ of the essence. 1 - • Sincerely, c $ itelZ1 /0 PatraCk Dobie 1 Pitkin County Engineer 1 PD:sb t . -- • 1I/ ��, DEPARTMENT OF THE ARMY �f\\ 0/ :'ti SACRAMENTO DISTRICT. CORPS OF ENGINEERS 650 CAPITOL MALL 4, / SACRAMENTO. CALIFORNIA 95814 GyAA toe v"7�ps a REPLY TO July 8, 1983 `.ATtB Uy.' ATTENTION OF Regulatory Section (N14 82 024) Mr. Patrick Dobie Pitkin County Engineer 506 East Main Street Aspen, Colorado 81611 Dear Mr. Dobie: I am responding to your letter dated June 24, 1983 regarding your plans to reconstruct the Mill Street bridge across the Roaring Fork River in Aspen, Colorado. The Department of the Army issued a Nationwide permit that allows for the placement of dredged or fill material, associated with minor road crossings in "waters of the United States." Your crossing can be constructed under this authority provided the work meets the conditions listed on the attached information sheet. Should you have further questions, contact Mr. W. B. Herring, telephone (303) 243-1199. Sincere fiC(/ ra•% 7. McN;re Ch' , Regu :tory Unit 4 84 Crossr.ads Blvd. , Suite 111 Grand Junc on, Colorado 81501 Enclosure Copies furnished: Department of Health Denver, Colorado 80220 U.S. Environmental Protection Agency Denver, Colorado 80295 U.S. Fish & Wildlife Service Golden, Colorado 80401 Division of Wildlife Denver, Colorado 80216 ■ • • • 40 411 • • • • • • • r 1482 INFORMATION SHEET . NATIONWIDE GENERAL PERMIT FOR MINOR ROAD CROSSING FILLS • A nationwide permit is a Department of the Army permit that is issued on: a nationwide basis for specific category of activites that are substantially similar and cause minimal environmental impacts. Nationwide permits are • designed to allow the work to occur with little delay or paperwork. They are issued to satisfy the requirements of both Section 10 of the River and Harbor Act of 1899 and Section 404 of the Clean Water Act, unless otherwise stated. No permit application is required for an activity covered by a nationwide permit. The Corps of Engineers has issued a nationwide general permit for minor road crossing fills including all attendant features both temporary and permanent that are part of a single and complete project for crossing of a non—tidal waterbody, provided that the crossing is culverted, bridged or otherwise designed to prevent the restriction of and to withstand expected high flows and provided further that discharges into any wetlands adjacent to the waterbody do not extend beyond 100 feet on either side of the ordinary high water mark of that waterbody. A 'Minor road crossing fill" is defined as a crossing that involves the discharge of less than 200 cubic yards of fill material below the plane of ordinary high water. The following special conditions must be followed in order for this nationwide permit to be valid: 1. That any discharge of dredged or fill material will not occur in the proximity of a public water supply intake; • 2. That any discharge of dredged or fill material will not occur in areas of concentrated shellfish production unless the discharge is directly related to a shellfish harvesting authorized by Paragraph (a) (4) of this section. 3. That the activity will not jeopardize a threatened or endangered species as identified under the Endangered Species Act, or •destroy or adversely modify the critical habitat of such species. In the case of Federal agencies, it is the agency's responsibility to review its activities to determine if the action "may affect" any listed species or critical habitat. If so, the Federal Agency must consult with the Fish and Wildlife Service and/or National Marine Fisheries Service; 4. That the activity will not significantly disrupt the movement of those species of aquatic life indigenous to the waterbody (unless the primary purpose of the fill is to impound water); 5. That any discharge of dredged or fill material will consist of suitable material free from toxic pollutants in toxic amounts; 6. That any structure or fill authorized will be properly maintained; • - , • • • • • • • • • • 7. That the activity will not occur in a component of the National Wild amca Scenic River System; and • • 8. That the activity will not cause an unacceptable interference with • navigation. Ia addition to the conditions specified above, the following management ipractices should be •followed, to the maximum extent practicable, in the 4iscnarge of dredged or fill material under nationwide permits in order to minimize the adverse affects of these discharges on the aquatic environment. witih these may be cause for the district engineer • Failure to comply p Y discretionary authority to to recommend that the division engineer take disc y y regulate the activity on an individual basis: • 1. Discharges of dredged or fill material into waters of the United • States shall be avoided or minimized through the. use of other practical alternatives. • 2. Discharges. in spawning areas during spawning seasons shall be avoided. 3. Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage of normal or expected high flows or cause the relocation of the water (unless the primary purpose of the fill is to impound waters) . 4. _ If the discharge in wetlands creates an impoundment of water, adverse impacts on the aquatic system caused by the accelerated passage of water and/or the restriction of its flow, shall be minimized. • 5. Discharge in wetlands areas shall be avoided. • 6. Heavy equipment working in wetlands shall be placed on mats. 7. Discharges into breeding areas for migratory waterfowl shall be • avoided. • • 8. All temporary fills shall be removed in their entirety. If the above conditions cannot be met, the work will have to be authorized by • an individual or general permit issued by the district engineer. • If you have any questions, or need additional information concerning the nationwide general permit,/please contact our Regulatory Section, at /// , or telephone ( o3) A.443-//91 . • • • • • • • • • • ■■••Mlii r, , •:-4.:t • y ,,. . --- --,.. - . ...... '1-..',•.1.- ',':'-.7. 1 - •1- -'.. ' . i ,.., , :•••• :,.; . 1 --- ,-- z. 7 -: i , _ ,, ... -. , , .... :::..°:. . . ft.1.0 I.'; 0 '1-.,..1 (.. •/..1 ..:0 ,,,), f,-? .•:.! Oti, •,31 0.., .,::::. :.-1•, ., -.:. '''-- .., ,-; . '0', -... .3' '.." 0 ..-..r (5 0 t.- -) (i 't,. Pi, i.'(::, 'f..,..v., - `,,--?, ,„•,-: t,;.., -',1 1:I ''...; 11 :-7' i " ''''') '.!' r° ti,(7 r' i-1.,. 0' 1:. :1 rt. t: , t- • (.,1 (-) ., , ., : , ..,- -,,i • --- ,.; .... .-1 t r .1-I: S.)) 7.1 ,.1 • (2,.N ... 1.(,) 1.4 !,..,:, „. ••••'.. 1 •'" ... ••••-- t ) .:: ') •-••.. 0 t'S it .3'. Pt 0 t.;.) `3.0 '''.' t': ...1 (-). i...1,_, i'..;. ty ;it •..i ..., t '''. 1 .-.1 V.I ' 'C', t'n .-.0 el r_t-i-"'i t-r- " - ,-=', , h r; .) - f3 0 0 7:t 0 a•-• f) ., •{. I 0 -. ---, ,1 : 6 .--1 ..... .--' ... `..... . .. ...., 1....u) rt. (-,.., 1....11 ....1 ct , ,....1 i'• ;,.? ;-• ..... , ■, I r, '''' ,J (0 0 0'0 i" .) 2'. t ti .._-; v,. .. 0 yi tr, 3, :,-) •:,:. 'f ...1 c.-.. • :7 11 4,, •11:.., Ill.-.! ':.1 1 , , :„.. . .... ,..,. "... (.100 • .- I ■ ' ...,'" :1, t.'i ....3 () v..-2 t'') C...'"0.7...3 ,,,.1 ..; t, •1 i,','" :.. ., i ...) .... .0. '": ''''. '!1 O 0 0,3 C/ rt .1.1 0 I., ., .. 1 (-,•: , 4-1 :It ., A; ,„ ...: •,-1 H, ,•-t 0 ....c tit at- ri • ......i. 72 I .:, `C-3 r'' I.,"° r) 2..: 0 1-■ ;...).. 0 P) 9, c) ,. c?, cv •....1 -1 I -.1 1 .. 0 CA - f-3 r " sj" ‘• -.i••r Ia.,' )•■• ';2. ■I. cil VI— ,, , 0:., . 1 — ,... . , ..,,, 1 .... . ...-' P " L'4 PI -4 - '..- $ '; I L:.-' r; t•--;\';'-, 1.•, (1" M. •Z - It .,:, 1 I, t.f, 2. -',. 1 C;■ f.) 1 . ..... .. u 1 4 ',.1. . •r;;;- V .....0 9. ..),. ,...?, .....I... i 0 ,..„ „i 0 ti I ., .. i . - ,r41 .-.. r,1 ,.., -.,,, c.), rt (II rh ..-.;.• ,4. 0 . .:'f. ••,. ‘.::, •-• :-./ • ..• ‹.1 ,...1 1 0 In ;/,•;• ft t.) ft ta 0 ,...," 0 1.1 -' -•', . :-.-_, 1 o ?„ .;., •,1 (5 C) • 0 -0 'eh 1.1 0 ta t..1 .--. 1-(3 t-, 0 •-••. c-c-, 1......;•,t..6. v . ... :-. ‘• ;74. t-4 1 1 r..; -, .1 0 o 0 0 ti 0 cf; 1,- tD 0 1 _. ;J.; ;, ; 1 - :•.: rr 0 rt :F.; fr pr,0 t--, rt :.$ 0, 0 rr g• ti.;; .,St. 1. ,_„*a.1 n 1 1 0 t•-•' :3- 'N .'-'.. ) I)) -,.0 0 PI 0 1 i f . 1 7.s 0 1-1•1 0 ,%, 0 I-, w 0 rt (.3.' (II H, • r.:,. ; ti 1_., 0 c; 1 1 ...:, •; '..,-1 • :::. 0 to 0 4), I (! I-,P.) t--• C.) P-' • C.t ft 0 f1 G 51'.1*-:• i7.P t--• fr.. cp 1--..- L.-- •...; -.; 11 ....1 ft Ca • 0 0 tr.; Ca r.t. ..... H: 0 c-1 a ■.< 1 1 ,- crtt -re,co rr,1-1,-,1 -, 7.71 ft 0 - 0 0 - 0 0 1 1 •:. 1 ..'-' 0 tr ft rr to ft 0 tt.1 cr ft ..0 01 1.-t, t14. c::, 1 t '.. . :.• :,... 0 0 0 ,-) rt, 0 ...--.-.u-) ).. k. ',./ 73 -) ...-y 0 7..1-ti., :-..;• cr rt I) at 0 rt I-„5", I:" .1? „ (,),,, ' 6 .1 , 1 cl I 1 (..-,1 0 0 • C.) I-t 0 0 0-, - -1 ,._, (-3 ::).3 ',1,.. -,.a Fr. °. ,1 1 I • cl, fil NI 0 e. 0 Ct 1"" V'.11 0 0 "" '•C e•-• ri .„ 4,4 rj _ i; :-, t 1, ::-.: I ,ti p-..,...- t-.. (-, -. -, -.1 1--• „:3, - 0 rt 0, ,.71 •--.1 t 11 i.,-, 7,1 ''.•;.', 0 73 - ',1 V 0 ",. -4 ft (") 1-, 1-. ... .. 1:...). _.. •-•-,„*. 1 t • p,. 0 0 :s 0, r,--..; . ,.-4 i ‘ ; z \,\ • c-,.., (4.. .. 0 ..::. x••to .3 el ra 0 7: 1 I ( u• rr 0•:-.1 0 0 i P•..1 0 ..„, - 1 1 t"1 1 1 ;.•:.i. ri 0 ‘3, t-,-rr 11 .,..-. 0 0 Co rr 0 ,_. •-J 1 1 el i . •.::,.; ---• til pi 11 1/40 rol 0 ..1 0 •,..1 1-•".: 0 0 111 ør t.11 0 .> -.1-., 0\ * 0 () 0 (r) I I 1--i ..., i.. ft 1-1, 1 1 1 - 0 0,(5 0, • 0 ti tit 't --0 ct rt ---- •-•-• 0 .." b-• •.k.: 7.: .:,.- ra" I.-. 0 to 71' t -. 1.,- "ti t--3 1 I il ..:1 0 r,,... 0 C cr., 0 0 0 tv 0 0 2,Ca 1"(1, ,1"<--' (p...0) tart 0 I 'i,t 7: '1 .,„. 1..) ul t'll ti • t'''.1 PI F--• cr tr A; tit 0 9. th i: 1 I T, - 0 1 :',-; 111 tr.; rr 0 et 0 co ;-.•, 0 t5 1:r el t-st t*.ft :..c,' 4.7,, cc.•;, -.I 2, rt ..,4 •I % t *.- 0 :1 ::-. pl,t--• ti.,0 0 t....• so t.- 0 a,:...-• l' t•-• 0 ft- . P. '7,'..;M, t4-; tft :3" NI t 1 ;2,-, -,i a• to HI !-•-• rf -0.6 i.1.1.:.) (1' 0 l.'s ft.CD 1-..r; n i t y: N .i tit 0 0.r3 -.1 0 0 t•-■0 r...•G•N ,s›. 0 rt LI ;-) , :I... a 1 1 ,4- :..'• ,-.4 t 1 I'l-. 11 1 .....% 0 C.,0 ••••. t•-. tIJ (;) t-I 0 to, ci- ..t4-4 t-,-. 0 0 -.;?.. .i.1, b 1 7,-Z. I .r,.., H . . rt. • 0 rr (5 0 0 m 11; i' ,ft 0 ...1 Z1 " -.1 0 tf)0 rt 71 1 t 3.., rr 1 0 II, 1-tt ft 1-• :1- 1 ;t4.;" (it 11 - .... ii. . 4, ,, i 1.---' 0 V.•••-, 5,,-- t.) --.4,-" t Y.,-• - . • rt,0 0 0 0 to 0 ft &. •-• :0 - t •,,7'. 0 :3 0 :I ca tr; V V ".4 •.'-' t a k I ,..) 01.0 rt 0 -.. ft . . t • --------------------7--7.---•-"7---- :::::..---_:..7.7......-r...::z7. "7` ::::::=_7"."..1"..-----.------..---------- .. ,; ..i:"•...." 0•',..-1? • 7 II'..,•-.^. '' ..-':,•-;,' • • ',7 ' '.:'''';-!. ''.1k" . %.7-...77r. . ; ,-":'•''-' '.::,.;,,, 1 ...: .5..• 1.,?; 4.;,...1`,'.:.*:.- ::,,.•:-.-, !.i...r.:;:,... .:-... ..,,, • --::',,;g , ..,,::!--',, . .1 ■ I 1 . , , . ..,. ' " ' '•r' 0 . ‘-.....-1 f.t. ... . . .. ., - . . . ' ).-, a t-lt rt ' rt co :3' rt si tt 0 ft 0 `75 t.'.' 0'..'',' :::;'---1 19:"' t6h "i• ,,,,7,1 'A 13. rD ,. it 0.-.0 1_, ..3..• ; -;,, 0 0.,-0,0 ..:,;f 4- „,..--..t",1 ., , •, LP ti fa, 15 < 0 0 <1 Ca 1:1 0 0 0 t: cittrt 0 C. ,,. .., L,1 .,_ v,..• . tfl,•..1 F,-:' i; ,..•., AD rt v.? r• v---,,-3 ' 4;1 ,-• d 0 0 - I-4 o ,rt 1 • 000 00 ...,..._ 00t10 ,,,. .711-h, 4 h.)11 pi t1.1 0 1-ht.t.1 0 Itt(5 tr; Ca 1-1 0 -, 0 -■ , .....,,, _ ,...t __,....4i, G. tA rt 0 0, t,-v-,,-,C.; t •i- u rT t..4 if, . ., . ig :: ' ....1*,1 ' , i-t 0 (fl P. tf; 0 :..f 1-.'c) 1:1 0 :.--•0 n 0 ti- .., .. l'hs"..0 0 1-71 Cr' len et 1/.1 C.1 O• ..j. .1-:. ts-1 r_.9., ,. 0 :4. 0 .b.-,-3 1-0 1-1 ..„4 0 ti -..1 0 tit 0 ;A• 0 .z4. '"''' „,,, )„,:', 2 /,'1.„ ..,-; .•-•1 .c 1,..,_ ' . i-=.•;.-.-. -.?...'-':..1 : . 0 0 0 • V, At • r:, . .c ts% Ln l'•P r:,' '..,-ft. -/...,'13 ',..-,;.• ,...4,., r-:,,''. ,E.,. ,„ . ;;,...,,.....,:::.:.,.:.,:i a. --.1 t-i 0r: •t ., 1,-,130. 8 0., ,.. , , • 0 ,...0 ,:, ,-. ,t, < t.rt •t: to t•J• •-•-• 0, 0, 0 ,z,,, ci. p_. '73 -------.:. 0 I:, 0 .z. () t-a 111:1 0 0.cr ,,. t-4 ;1 r, tn an til Ph ' a 0 .- tn 0 0 1-'•"II 0 CR --....\, 0 rt ".": t.1 ._<1 ri vt •".. 0 0 0 0 0 0 t'Il 0 ttl 0 fl,0 t) t....• 0 CI t-tt 0. 0 1i . ',`.<1 1,, 4 Z 00 rr t-3 ., •i;',-,.- ',,,.,1-: : ‘ "") tit ...) rr v--• r'..) tY P.) C.% 0 r). 1,-' H l't ,: ;-,.. _•1 _. cIi,,.*4 -0 1--1 1-J 0 t.0 a4 0 • 0 -.3 9 v" - , .,- a 0 • '0 0 ' ' '\''•:'....-,S,r.,:'''.',::,',. •...• : . 2 0 ..,) Cle 1...• • ,..., ;,--0 1,.., rf A't „ ,.■ :3 al • ai '1.3 t-I 0 :"." °`•";., r„, ri '0 t•-t- 4 )-.r 0 Ctt tt .1,1 - ; V. • tri P-1.0 1.0 P• (.3 C, --1 1.4. r. • r't t'i•'• .1) ,i 01 0 C.) tX) ..) .0 HI t h ..,V 51;‘„,t n ..1 rt.• ; p a to.10.e. - 9 ..,:.:, . ,,,, ,•!;-...: ...,r.t II 0 0- 0 rt 1"11 1:„...• - "n A rt'0 1_, r c•I t.., ; cn ,, :3-• rt- tt, 0- rr Ca t', iv '• - - 1'," I-, tp `-s• t.,-•-v 0 ut- .E. 1-7 . 1 0 0 .r.r.• ';..) tt ti e•-• - - , . ..-.C3 ...,t 0 ...;:f .2.. 1';'''..-. i r:Ir -z• LB'(1)0 0 .. rt 0 A; < •••• Ul :3 e), PI t.:. 17. 0 - Pi e, 0-, ""'et.1- f1 ''1. -"" 01:5 t-.4: r..":" 0 "--r ,t3 ''',.•: ".'•',..-::,,r•.; F,‘1 0 ..4 .. 0 < 0 1-1• ...., ., r.f. 12..rt ill ,:s4▪ n- - 0 0 ",...ri rt f.tt V ,, . -.•,;.;:41 ;.;;;;;44‘; •.'t ..--7 0 t1 :3 0 0.` . .l',4, --(. .. tfc.t. 3.'/.z?I 2 f,,! tr, , t',....1-- o• 0 )_... (* s; 0 • 0 ...- 0 ■P' — ii- 71,,--,..i.:...':, 0 :1 ,...:1 I," • L-4 . " . ...f,. ,./7, 1 tg 1.1.■11:3 (i) Vj COI :1 (}, ro ?:••c...;3 MI ,,t.,...;: -......,-„; At ft) 0, 0-. ."'0„ n ;0 f.tt:•:ir 0 ti ri ' tl 0 ..'4. S 11 -rtr r. .7.,. 0 rt. tn tft -.3 ti Di a, ri .,-•-\-1*-1 r. • 0 — 0. I...0 . 0 Ct.'',.: t'l 01 •-•i (.: 1 .• e, r ■-• LA c.., z ft-, En r0 0 .... ..".. 0 u 2.: 0 • 0 c.... t.„) 0 ut 1-'.' `i P ' • 1.2.) 1....1 HI 0 VI° . 11 ;17 fr (t 11 ;.: . `'.:....i.. IQ 0 1-,. to er e: 0 0 1-11 ttt 41.; 4.: :.•;,. . to". r4 C 0 141 0 Ill 0 CD i''(1 CI .0 (1..) .*1. t:'Cr'l, t3..rr 3 . .;,,• ;- 1." ft t;•;.^,, ti'i t-ts I•h(;) ft ‘r. ,..:1 1-.!,, 0;0 tr ',.:5•• z•-■ft 0 ( It `•,•,... '''' 0 t 1-1 0 t•-• 0 0 0 4....: ',., Z...fil,:•,'!. . ...74 til IV CO .. ,••••• ',.,; r.,. 71' t;' I... 0 '0'.. t t% ..V!, tll ft 0 f.:"; 0 0%a-' ' 0 • ,;,, :_j L., •,-1 rt,--) 0 rt 0, I*11 ,., : P. ;::':: •.'' ..1•,.-1' CN,...1 * 0 C.) )••' •••,,•1 0 •-,• f- 0 1'1,'.1. fr tt 1r-` • 1" 1-1 0s) .:1 ...,-5; le,. . ....■• Lt)t.' c:, ti. r.) -, It''•,1;0.,:',..-?, x;:.$ 4„, 1..1 ■. E.:1(,) 111 4."...1.1.1 ■-'-/ r- .....3 0 1;.:3 ft• 0 t9 tr7 • ..-. t : . .. • 0 111 0,..C1 C.):3 Ill t"t‘'!•I t',,," ,,, ' 0 0 0 0 1.7. In t-' ft• r•- ti Ca • ..) :, .(.1 rt eh f..t. --'" p 1-1.P." - ■i••. ':', [ . (-)•1:1 rt rh 0 -.3 fl.) t, in rt- 0 0 rt 0 6.3 rt 71' ' ta :-•., ;-. .-•„:.!ti-. t-r,•0 0 ... • .. - ct — 0 — , ,.. ; 0 ;:, t r CD 4 ••• •-. . I'-vr:4'''.4) ..- • . 4 •• ' 1., , ,-'t ..„...---'`‘—'7 .. •!..,,.:,,: .o. - , -.-:-':*: DEED Mado this 20th day of Mnrchi ,195 between THE DENVER AND RIO GRA!: P ' ,r : o'D Cr)MPANY , a Delaware corporation, Granor, and THE BOARD OP COUNTY COMF] W. .H.,-,-,:i!o-;c, the rebeipt whereof is hereby confessed and acknowlodsed , 'has -remised , 'V.:'...:, :,.. , convoyed, and :UITCLAii,.';ED, and by these: presents does remise , release , sel r,:- Y.,:,.:;-,u1TC5AIM unto the naid Grantee , its successors and :assigns forever , all tho r71 -- -' —•ri's,-0,:t • clain and demand which the said Grahtor has in and to tho Colic . V,,i- '. . (., ,A ---,cel of land , situate , lying, and being in the Coucity .of Pitkin and St:. C":-.7:- .: :., tract or parcel of land within the nerthwest quarter of the southwest quarL . :;',',..,'...,- '-1 n',ovnshio 1.0 South , Range 84 West , Sixth Principal keridian, at Aspen, PiLkin ?,-.!.:-,,,:'.. : .. ..,- --of' Colorado, described as follows : Commencing at tho southeast corner or .!-,:.,-' ... , -11nrter of the southwest quarter of SeCtion 7; thence North --10 dc4r,rees 32 :. '&,.,:'-,• _:- .- *':....,,-, EVSL 1.00.0 .C.Oet to the truo point of beginning of the tract or flarcel of.- , . ;),.:: ,::, c,;,.ivev-pcp, thence 'North 7 degrees 15 minutes West 630 foot, more or less , to L ' ;ik.',., : :. io.rrt, bank of the Roaring Fork River; thence southeasterly , Southerly , and so-, v. .-, _ „ -,.aid loft banh -oC the Roaring Pork River a' distance of about 035 feet to !• p.-..,-;. ! -,,,,, .. deed is made .-subject, hmvever, to• all existing easements , licenses , rig 1P.. ..,o., ,--f way for pipe lines , uole and wire lines , reads , ditches , or otherwise land lIereinahove described . 'r-- - ,I,1 -AuF AND TO FIO!;,D the same, together with all and singular the appurtenanc . ,,.,--L - Cflereunto belonging, or in anywise thereunto appertaining, and all the e:--.,. t . ::: : , .-:,,, Interest , and claim whatsoever, of the said Grantor, either in law or 0C.u. t-'''' ''-...,1, orooer use , benefit, and behoof of the .said Grantee , its successors and as:: 'i.:;.'J' , T!,I WTTNESS WHEREOF, the said Grantor has caused Its corporate name to be. her,. -io'oo- . -o.1)ec, oy it:, Ple„,ic..--,,t , nnd itn corporate seal to be hereunto affiXed, attest,: v:,:oo:o, o.:0-nry the day arid year first above written . . RAILROAD COMPANY < , The 'foregoing instrument was aCknowledged before me thls 20th day of iviarc, :-it. -,2 ' oirr--)li YcCARTHY as President and T . A. THOMPSON as Secretary of-THE DENVER-7: OST I lEr/11;•:11.1e/gl, ' • ti e s s e IF*1'4°I3 lit'el r-1-'Y1 1')111'•)I I c : -.--' ,, :::-.0?D1;!RIS NOTE: MflD pertaining to above described tract filed with original : e. , . .. ,,,,,r) KNOW ALL MEN BY TPESE CRESYNTS: That Matthew Druo- (W 0 i'llatthew) Str- 1.. . H,. '; :-, As:)en Colorado , in consideration or 6._ to "Elm paid by The National Cash. : :i:::' - ',.., ..:,, ,..,,,ister Company , lts successors or assigns , the equipment described helow, -":.o.' ''''' - .: r-l -o .lnd Finish of Cash Registers or Accounting or Adding Yachines S, r _: „0 Nevertheless , if said mortg,ay-r,pr shall pay ,to. said mortgagee his note d.: . t.:!:1.:, -- ".' :,,,o-0 -.-all be void . Provided , Also , it shall be lawful for said mortry-o :';L::::- . :: ; ,x;session of said equipment until default In the payment of said sum, or ;A: :..:','i,ol . ', „±. Said morti:,or ogrees lo c:z1:1,..-: default bo made in any pnyr'w..:oL Nrov0:1•11d : - i.'.,- • -.: -, =1:11e equipment ; or 11' Lho mortgagee snail feel insecure or unsafe , all. .;:- . - - )-.' i',-)ilnri. r'lld 1T-0 011 It; '11. PI:Ale or private sate ,' with OP wiLnouL notio • • ; aspen title company �t f. • • A TITLE INSURANCE AGENCY • July 19, 1983 • • • Mr. Pat Dobie Pitkin County Engineer 506 E. Main Street Aspen, Colorado 81611 Dear Mr. Dobie: Pursuant to your request we have made an examination of the Pitkin County, Colorado, records pertaining to that portion of the SW4 of • Section 7, Township 10 South, Range 84 West of the 6th P.M. shown on Tri-Co Management Inc. Topo Map, File No. 72-156-1 Weir dated October 26, 1972, which is occupied, by the Mill Street bridge. Examination of such records show that title to the ground underlying the bridge shown on such map is vested in the County of Pitkin, State of Colorado and the Board of County Commissioners of Pitkin County, Colorado, by virtue of Deeds recorded in Book 265 at Page 25 and Book 180 at Page 145 respectively. Very truly yours, Aspen T' / e Company, Lt By Bill E. Tom • Vice-President • • • 530 E. Main Street Third floor Aspen, Colorado 81611 303 925-4444 4 Va CITYJ1rASPEN o �Qpp � a ° °O°6, 13 Vs4uich g-a 1 ell a3o s=t r e e t asp n , o 1'o y a°d_78'1611 303425 520 MEMORANDUM DATE: July 18 , 1983 TO: Glenn Horn FROM: Gary Esar- RE : Mill Street Bridge Stream Margin Review The cited motion approved by City Council on July 11 is general in nature and some interpretation is required to apply it to specific facts arising from specific land use applications. At this point in time, all that is before us on this matter is a stream margin review application and not an application for any permit (although the steam margin review process may eventually result in an application for a variance or an application for a building permit) . In the context of this application, I believe the City Council July 11 motion means that the City will not join as a co-applicant with the County in any construction-related application involving City streets. Therefore, we are left with a factual determination as to what right the City has (as sovereign or landowner) over land affected by the proposed Mill Street Bridge reconstruction. In my July 12 memo on this subject, I indicated that if a question as to ownership of the bridge arose, a title opinion might be required. The ownership and sovereignty of the bridge area are now crucial questions. Please ask the applicant to provide us with a title opinion (certified by a title company or Colorado attorney) and then ask the engineering department to plot the relevant legal descriptions of County ownership, City ownership and City/County boundary. That plot should give us sufficient information to render a concrete opinion. To sum up, with respect to your questions 1 and 4, I recommend that the application be tabled until exact ownership information can be gathered. It is obviously proper and our consistent proce- dure to require proof of ownership of land prior to processing a land use application affecting the land. o Memo to Glenn Horn July 18 , 1983 Page Two Your question 2 cannot be answered yet . Your question 3 must be answered in the affirmative. GSE/mc i I C 0 E •• •r ref a Q) 4- 4-) a U > a) r U i C a •--i •)- cu •N •r N 1--I I S- > i -E V) N.C O, >) L, V) 0 N a a C1 iZ C - - S.- Cr) • N : •r- r Q. 0 d-) -a a a 7 - r rC7 a U . V) •r U i - " t C '- g 3 +) -v a m 4 >, 0 •r a) rc ..c 4- r- I U a) •r U a C -C •> iO N E •r 0.0 = 4.' O r S.. • U S- 4-) 0 i -0 +-1 0 - i O 4-) C N 4•- C") C a C 4-) O O C •r O C O >, •r C o -N V) >, = 0 S- > r 0 >,>> U C 0 r C) rti >> a •r i a) C i 4 z Q) .n r6 •--C U C r6 C ..0 ref E i a C 7 i = 4-) r0 "O C = .0 >> 0 a 0 a 0 a) Cl.) 0 +) •r r C) 17 U 4- .�G i 7 4-) 3 •r >' O r4-)) 4-) O N L C U 0 Q J a •r C {i 01 N O C-- C i > E O • C 0 4-) •,--) a a) 3 >, r a) O i U C) •r +) C -0 0) O . a -0 n3 L. a) C co r 4-3 -O d II_ i >, ref 4-) L •r 0 4- > r- N 1 z •r- 0_ a _0 a) O 0) O C S. C a) «) a " «) 0 L E C _0 m •r i O) :. r CC. >) i rtS a N ref 0 r +) C a s 1—. C a--) r 4-) 7 > - •r E +� •r a O C C a) N O 4- 0 +) W N N 3 .a) � +) O � Qi) C C i ai O r O- •• 'r >,4-) U C a N +) E i •r C1 C o2$ 3 o6 E 4-) V) - ref N •r a +-) r0 •r a) i •r C'-• O. C o$S C 0) C •O 0.. •r d. a U r r C 0110 . >> r ref ref = '0 i > C). r 0 " C C d a) C. C C ref a s a Cam• -a •r •U .r r r0 C a g = ri N r0 CT _C 0 L a 4-) M C +-) •i i M 4-) a +? +) L C 4-). O nCS a C 0 0 C N a C i C +) a a O U 3 0 4-74-) C - r6 >, a r0 4-) •r 4-) E" 4-) _.0 U •r- C •r 4) cci 3 +) i r 10 rC) Cr) . rd •CJ +-) co 4-) 3 4.) Q r C •r +) d a ..0 i -L C i .0 >) Cl. 0 r6 a. N 0- 0 C)") C C) V) " N 4-) (CS 4-) r6 rCS +-) N 4-3 0- r U r -11 •r 00 0 co : a r0 rC3 4- • C >> 4-) CT a) >> a 4- C C- a a - C C) r "Cl co i C U '-I +) .0 +) i C ref E rO Cam)as rcf ._c 3 a a a ..c n S.- Q 0 +-) •r Q 0 a s a 1C7 - a U a s i 0...0 I— N 0 E U U E a E C7) E v .0 •r ref ref U N Z r Cr' 4--) S-- i i C N +> > N W •r .-1 0) 0 C a a N 4-) rN •r• N a) a) 3 • C U C 7 O r r •r V) •r i •r- v) N i > a) C i 0) +� ..0 a s ..0 4- 3 a N r 3 4-) C 0) � +) a +) ..0 a. +� U a r0 0 C A > •r rt3 r 0 C 0 N 0 7 "•r 0) - a a E � CD C.D C) '"7 C E r N 'O - N •r N 'r) •C7) ,— i a C r " 4-) V) d. •r a i C7) a O 3 i N +) a COO - ref S- O.O C O S.- O rCS O C •r N Cm d4- W C] 0. = M O •r N W - E CT N a > s- •r Cr) 0C W Q _C ft _0 r0 .i= N I- CL eL C - I- _ ■--1 N CO - ' t- C) 4-) •r ■ • • • I ® S MEMORANDUM TO: Pat Dobie, County Engineer Ron Thompson, Assistant County Engineer FROM: Glenn Horn, Planner RE: Mill Street, Stream Margin Review DATE: July 14, 1983 As I noted in my telephone conversation today with Ron, we forsee the possibility that it may be important to produce further documentation indicating that Pitkin County does , in fact, own the Mill Street Bridge. The City Attorney has indicated to me that the quit claim deed represents only marginal proof of ownership. If questioned by the City P & Z at the meeting Tuesday night, the City Attorney will request that the item be tabled until a title policy is produced that indicates County ownership of the bridge . I would prefer to avoid any questions relating to ownership of the bridge at the P & Z meeting on Tuesday night. It would be great if you could produce a title policy for the bridge at the meeting. cc: Curt Stewart June 21, 1983 Planning Office City Hall 130 S. Galena Aspen CO 81611 Dear Sirs: Pitkin County is proposing to build a new bridge across the Roaring Fork River at Mill Street and Red Mountain Road. Per City of Aspen Code Section 24-6.3 Stream Margin Review the following issues must be addressed. 1. As this structure is a bridge it lies within and over the hundred year frequency flood plain for the Roaring Fork River. The bridge is feet longer than the old bridge however, so it will not impede the flow of the river under the most adverse conditions. 2. The Trail Master Plan shows a general trail corridor in the vicinity of the bridge. The bridge is being constructed higher than the existing bridge so that a trail may be constructed under the bridge. (See Plan) All land around the bridge is already in public ownership. 3. The bridge will impinge on the greenway by virtue that it crosses the greenway. Aesthetic considerations in design should reduce its impact. The structure will be box concrete construction giving underneath a clean appearance and the facade will be stone, giving a rustic visual appearance from on top. 4. As the bridge is on a slightly new alignment some vegetation will be removed. Old bridge abutments will be removed. Large boulders--Ylo 430 will be placed under the abutments of the new bridge to protect 11.11-° them and the area will be reseeded. Slopes from the old bridge Size, eAc y s 3 �' n Fbeddl w� r�pr"p will be laid back and reseeded and new bridge will be outside existing slopes. 5. The new bridge does not impede on the stream channel in any way. 6. Run-off from the bridge deck will be channeled to either end of the bridge so that run-off will not go directly into the river as is now the case. 7. Plant materials involved in this project will be the loss of two small cottonwoods and grass, however additional landscaping should more than correct these losses. Relandscaping plant materials will be contingent on final engineering drawings. Consideration will have to be given to adequate sight distances at the intersection. Low shrubs and grass will be used where sight distances are critical. Trees will be used wherever possible. - 8. The attached deeds confirm public ownership of the lands around the Mill Street Bridge, Deed Book 318 page 429 is the deed on the Visual Arts property and Deed Book 180 page 145 is deed covering all other lands around the bridge. Warren Conner of the Assessor's Office researched the deeds. • WS v: • °14�r • 136 • #1100041 QUITCLAIM DEED.. • . , .. __._ _ THIS DEED, Made this 20th day, of March, 1953, between THE DENVER AND RIO GRANDE WESTERN :.1ii OAD COMPANY, a Lel_ware corporation, Grantor, and THE BOARD OF COUNTY COMMISSIONERS OF , .,.•i_IN COUNTY, COLORADO),. Grantee: >.i ;+;ITNESSETH, That the said Grantor, fortandd ins considderationnofathe sim by TWO HUNDRED , Y 0;y-FIVE AND NO/100 DOLLARS 0265.00) , p y ! , .arst©e, the receipt whereof is hereby confessed and acknowledged, has remised, released, ,,:ed, conveyed, and QUITCLAIMED, and by these presents does remise, release, sell, convey, ' ,.r;; :QUITCLAIM unto the said Grantee, its successors and assigns forever, all the right, :,i ;tile, interest,. claim and demand which the said Grantor has in and to the following des- ee-A parcel of land, situate, lying, and being in the County of Pitkin and State of Colo- r..,i do, 'to-wit: 1 A tract or parcel. of land within the northwest quarter of the southwest quarter of Section •,, Township 10 South, Range 84 West, Sixth Principal ir•eridian, at Aspen, Pitkin County, 'eatte of Colorado, described as follows: . Commencing at the southeast corner of said north- is ,,.,,;t quarter of the southwest: quarter of- Section 7; thence North 89 degrees 32 minutes. West .;4,4 feet; thence North 53 degrees 35 minutes :Jest 335.0 feet; thence North 1 degree 15 - s _nutes East 100.0 feet to the true point of beginning of the tract or parcel of land here- s !a conveyed; thence North 7 degrees 45 minutes West 630 feet, more or less, "to the southerlyi; .,_ a:• left bank of the Roaring Fork River; thence southeasterly, southerly, and southwesterly , i Along said left bank of" the .Roaring Fork River a -distance of about 835 feet to• the point of a1 ba,cinning, containing 2.12 acres, more or less. � ' -This h This .deed is made subject, however,` to- all existing easements, licenses; rights, or a ' rights of way for pipe lines, pole and wire lines, roads, ditches, or otherwise, upon, along,, Aver, or across! the land hereinabove described. TO HAVE AND TO HOLD the same, together, with all and singular.the appurtenances and privii leges thereunto' beTonging, or in anywise thereunto appertaining;, and all the estate, right, pl d title, interest, and claim, whatsoever; of the said Grantor, either in law or equity, to the . ti only proper use, benefit, and behoof of the .said Grantee, its successors and assigns for- nver. . . : 1 IN WITNESS WHEREOF, the. said Grantor has caused its corporate name tobe'hereunto sub- scribed by its President, and i.ts corporate seal to be hereunto affixed, attested by its • Z�:cretary, the day and year -first above' written. F` THE DENVER AND'.RIO GRANDE WESTERN - RAILROAD COMPANY ($0.55 Documentary Stamp Attached . 1. 5 and Cancelled) _ _ By Wilson McCarty I President Attest: COn' "MIE T. A. Thompson .. S.E. i T y, Secretary c . STATE OF COLORADO-. CITY AND COUNTY OF- DENVER ss .. - •The foregoing instrument was acknowled-ed before me this 20th day •of March, 1953, by WILSON McCARTHY as President and T. A. TECMPSON as Secretary of THE DENVER AND RIO GRANEEii " ';3T ;RN .RAILROAD COMPANY, a Delaware corporation. . My notarial commission -expires `Jan. 12; 1956 • • Witness my hand and official ,seal. Jesse E. Buell /Approved as to form/ SOTARIAL Notary Public /T. R. Woodrow • / . . SEAL. /General Attorne / ' y f, CORDER'S NOTE: Map pertaining to above described tract filed with original instrument) . y ...Yi sod for record on April 7, 1953 at 11:30 A rim. C. Stapleton Recorder _ ! "00`if3 KNOW ALL MEN BY THESE PRESENTS: That Matthew ew Drug (W 0 Matthew) Street i t 1.'7 Aspen Colorado in consideration of $,to him paid by The National Cash Register 11 "y, a corporation, of Dayton, Ohio, does hereby convey and mortgage to The National : i * -' `•eiIster Company:, its successors or assigns, the equipment described below, i+ j . '.^ntiry Size and Finish of Cash Registers or Acr :nt •tt; or Adding Machines Serial or 111 21-33 ____ Factory Numbers il 5039968 I ` "'''acced, Nevertheless, if said mortgagor shall par to :r'tid mortgagee his note dated April 13 • -:=. for f;?6.10, pta�,;alble in 22 payments of $12.21) each, dun on the 1st day of each month 'j "r' date respectively, and one of $26.10, de--, e'tt• '' 'eft ,r date, then this conveyance ' i ` • r t aFe shall be •-•vo�i tti Provided, also, it .s; _+ i i ; 1 ewful for said mortgagor to re- j i n , ?:Isession of saicd e q moment until default I t 1 rt, err, t of said sum, or any part I Said . fault :;^, r e .^. -7, ;tr1 , payment men 1,n.'; nc'f. ..ai.d mortvaJa>k :,;i�ees in case c' ., � 4 c-' J t afor©said; or if he `• or assign or attempt. to' sell or assign, i rr, . {It�er:t, or if any Writ or Process be P 'I"dlon said�equipment; of* if the mort�,,+ -.oe t?Ll r L rtaecure or unsafe, all unpaid 1 . pir%—its shrill, at the option of said mortgar,,cje, '' ` '! '-nn, dirately due and payable, and •art., �,ee shall have the right to Lnkrt irtrtcidi.rtn ;<os to :,ion of.' said equipment wherever s r•1 �g i t i tt f yr, t: I� r he round, and to sell it at i.ns'k?11c or 1' ' . i -n or wt.t,hout notice to the , ',r;, or to the public, for cnnh or creci' t. '' 'r•• .`i ,rtriy 'el^.ct, and .said mortf;rtt',e0 r tlIii t,a,crn and purchase said egi.iipmrant tit +n/ . t•t r n ah s ., • - t ; , + 1 : el 4.- on rho proceed3 of auch 3u1 o t ri, t c,c h'ti l tay ill costa of ro i/tr r i ; , ! 9 rd equipment, including rat- i i I s and t faLx •trd retisonle commision t 1 1 1 Ii solo, whether public or n i i ',met': PIet h r avmor tt eo or unothnr ir hri9( said+ e ii Ln . ]t thor with the : mutni 1 it ,m r, 1, r t ha i silk'i, i I girt./ . to 'i++i d .. Ortgagor. $! "" n id to :.tiri note, pr /ln; � i I 1953 _._._ '•r+•+� s,a'I t a l e t day or 11y1 .1 , •,' it `�;._(O. F t I I i l• ----- '• y . u, I' r r l:rt t 1 , .I VeI ,-• `.I.I '. . ' I ( rr . 1. rl' t -I l, (' Di to tit . Ar,i'il 'au1 ! lu p 'rd ill' `Iidi11'J.I I'!1/iL, `� n• 1,11-1 ,.r.,,i t .,,I ,..1 t.,.l „r :- r Lll.i , I :II III ti l' nl l'iI . I('I i_ Irr :td. l). Wul",t•l1,,t• :•,.n.,.. ,1\ Y. { : REcorded At 3:00 P','1 October 25, 1976 REception no1&925 . ,1 t i ::. IN THE DISTRICT COURT ' IN AND FOR THE COUNTY OF PITKIN z7d; -` { • STATE OF COLORADO Civil Action No. 5338 • ASPEN ONE COMPANY, • a Colorado Corporation, ) Plaintiff, • ) MEMORANDUM. O?INTO d vs. ) AND . BOARD OF COMMISSIONERS, ) DECREE COUNTY_OF PITKIN, STATE . .- OF COLORADO, and all unknown ) . . parties who claim any interest ) in the subject matter of this action, -:.. . Defendants. ) • This case was tried to the Court beginning September 21, 1976'. Plaintiffs were represented by Robert P.. Gructer, - Esq., and by Barry D. Edwards, Esq. .Defendant Board of • Commissioners was represented by ..—ates,`Austin &• McGrath, by Messrs®'J, Nicholas McGrath, Esq. and John .Thomas Kell Es This case involves a dispute as to tho •ownership of certain real property in Pitkin,County, Colorado. Both the plaintiff and the defendant Board of Commissioners claim owner.. -',. ship of the property in fee simple absolute. • The Court has considered the evidence, the briefs and the argument of counsel, has inspected the premises,' and, t based thereon, makes the following findings' of fact and con- elusions of law and enters the following decree. 'ill The Court has jurisdiction of the parties and of the iII subject matter of this action. . The real property which is the subject of this action- 1 6 t. :..is des�icgribed on Exhibit A hereto, Welch is hereby incori ok:.{t, d { -1- ,. - 1 24 r G.:- J } • • acs 318 30 • • herein. Such property is referred to in this opinion as the "Contested Parcel". The Contested Parcel was part of the real property patented to The Aspen Consolidated Mining Company on March 2, 1898 by patent recorded December 14, 1900 in book 39 at page 136 of the records of the County Clerk and Recorder of Pitkin County (the "Clerk's Records") . On July 25, 1947, a treasurer's deed was issued by the treasurer of Pitkin County conveying the Contested Parcel and other properties to Pitkin County, based , :. upon a sale of the property for delinquent taxes for the year 1899. The Aspen Consolidated.Mining Company was the record owner of the Contested Parcel at the time of the tax sale. That a treasurer's deed was recorded July 25, 1947 in book 173 at page 406 of the Clerk's Records. . That. treasurer's deed is the source of the claim of title by Pitkin County. Thereafter, Pitkin County quieted title to the Contested Parcel by judgment and 6i • • :- :decree of the Pitkin County District Court, dated January 3, 1972 -`and recorded in book 260 at page 821. The named defendants in . I that action include The Aspen.Consolidated Mining Co. but do not include the plaintiffs in this action. In 1966, 0. Louis Wille purported to convey the Contested Parcel to Grant and Company by quit claim• deed dated April 26, 1966, and recorded April 27, 1966 in book 220 at page • 180 of the Clerk's Records. (The form of description is not identical to the Contested Parcel. It would appear to describe substantially the same property. No party has made an issue of the description differences.) Wille had no record interest in the Contested Parcel at that time. Thereafter, Grant and Company purported to convey the Contested Parcel to Aspen One -2- f t e • . .. . , .. 1 r ` t ?. f. - l Company by quit claim deed dated November 30, 1972 and recorded January 12, 1973 in book 270 at page 838 of the Clerk's Records. That chain of title, beginning with the deed from Mille, is the III source of Aspen One's claim of title. For the years 1947 to 1973, the real estate taxes on the contested parcel were assessed and paid as follows: Date Beginning 4,-- Assessment Assessed Paid By 1947-1966 No Assessment 1967 Grant & Co. Grant & Co. ' 1968 Grant .& Co.:: Grant & 'Co. . .. 19.69 rant & "-Co. Purchased at 'tax sale of 12/14/70 by Rio Grande Land Co., Cer- 1970 ficate y34. ti - Grant • & 'Co. Rio Grande Land Co. 1971 - Grant & Co. Rio Grande Land Co. 1972 Grant & Co. Rio Grande Land Co. 1973 Aspen One Co. Redeemed 6/20/73 by Don Piper for Grant & Co. Certificate k34, resale of 12/14/70 for 1969 . > taxes; 1973 to::es paid '. I•_ :`5/31/74. Plaintiff claims title under C.R.S. =(1973) .33-41-108 or in the alternative, C.R.S. (1973) 38-41-109. Each of those i statutes requires claim and color of title made in good faith 1 and payment of all taxes legally assessed for seven successive years. In addition, the former statute requires that the claimant be in actual possession throughout the seven year period, whereas I the latter requires that the lands be vacant and unoccupied • throughout such period. The statutory requirements raise a number of questions, among which are the good faith of the :.claimant, the legality of the assessment of the taxes and the mature of the use of the land during the requisite seven year 1 period. ! • The facts surrounding the Wine-Grant & Company Ei 1 • • -3- • j .. !•' ® ® , • transactisn are the subject of some dispute. Both Wille and Mr. C. M. Clarke, the president of Grant & Company, were • x present and testified. From the evidence, it is found that Grant & Company originally agreed to purchase from Wille only an the parcel designated "Aspen One Company" Defendants' P y on Exhibit 1. (The "Aspen One Company Parcel"), which is north of and • adjacent to the Contested Parcel. The agreement with respect to that sale is dated February 6, 1965, and is Exhibit P. As ; : part of that sale agreement, Willa agreed_ to give a general ".warranty deed with respect to The Aspen One Company Parcel. No mention of the Contested Parcel is found in the sale agreement. 1 A great deal of surveying and;title search activity was conducted by Grant & Con an r p y prior to the closing. It was Wille's intent to convey all the property p y owned by him in the area of The Aspen O ,. ;. p Company Parcel. At the closing, the documents executed by Wille included the~ quit claim deed to the Contested Parcel which is the,. source of the plaintiff's claim of title. There no evidence that the purchase 4 P price was increased to reflect additional consideration for the quit clam ,' deed. The details of who drafted the quit claim deed and the :. ' circumstances which caused it to be drafted are obscured by -` time, but one thing is clear. Wille never claimed any interest • in the Contested Parcel at any time and at all times recognized that he did not have such a claim. Furthermore, he never made any use of the Contested Parcel, Wille does not readily identify • the properties by reference to the legal descriptions, but upon 'being shown the maps created for the purpose of this trial, he j 6I 1 li was very definite that he never had, or ansertc,,a claim to the i 4 Contested Parcel. Indeed, he recalled that the Corit.csted Pare f i • s4e X 318 433 was being used by a stone mason to store some equipment at the time Wile purchased the Aspen One Company Parcel twelve to thixteen years ago from Smuggler-Durant Mining Company. Such . use continued during the time Wille owned the Aspen One Company Parcel. During such time, the Contested Parcel was enclosed or partly enclosed by a fence. The deed from Smuggler-Durant • to Wille is Plaintiff's Exhibit Y and describes the identical property Wille agreed to convey to Grant & Company by the terms of the sale agreement. When Grant & Company sold the Aspen One Company Parcel to plaintiff and included a quit claim deed to the Contested Parcel, a ._title commitment was obtained with respect to the Contested Parcel, It contained specific recognition that there is nothing of record to indicate that Wille had any interest in the Contested Parcel when he purported to convey it to Grant & Company. The title commitment states that the apparent record title is in Pitk.iin County by virtue of the treasurer's deed. Time entire purchase price was allocated to the Aspen One P Company Parcel for title insurance and real estate documentary fee purposes. • The us e of the C ontest ed Parcel after the Wille - Grant Company deed was executed is a matter which was disputed at trial. Much of the difficulty arises from the fact the .area was undeveloped land, and the boundaries between the Aspen One Company Parcel and the Contested Parcel and the boundary between those trac;'ts and the adjoining property, referred to as City's Rio Grande or T4eman property on Exhibit 1, were not carefully observed. Grant & Company was actively in the heavy equipment, plumbing, and heating business beginning before 1966 and continuin3 1 ; s ti r } i � 1 (' 3318 �g. 434 . to the early 1970's. Subsequent to the execution of the Wille - ,, Grant Company deed, Grant Company P Y "hauled in fill dirt from time to time to fill low Places on the Contested Parcel and on the Aspen One Company Parcel. It used the Aspen P One Company Parcel, and the Contested Parcel down to a point designated on Exhibit 1 as "Grant & Co. Use Line", for storage$ of lumber and heavy equipment, including tractors, compactors graders and cranes. The use included construction or placement of ' storage sheds for tires and heavy equipmenC extending on both sides of the bounds - ry line between the Contested Parcel and the `Aspen One , Company Parcel. . Grant , Company experienced financial difficulties ` artd, subse quent to 1970 much of the activity with respect to sell it rather' the stored equipment related to efforts to sel P ther than to use it on construction projects. The storage activity tivity con- tinued after the sale to Aspen One Company pursuant to oral agreement with that purchaser. Two sections of crane boom are still located on the Contested Parcel. , `_ Aspen Trash - - Company parked trucks on the Contested Parcel from time to time with the permission of plaintiff P for a period six to nine months ending .in- late 1973. ' A clear c, -. conflict in the evidence exists with respect to the time Pitkin County erected a barbed wire fence a all sides of the Contested Parcel which do around o not border on the Roaring Fork River. Former Commissioners Baxter and Sa maintenance supervisor Hale and laborer Nye testified all rdy, that thc= Sence was constructed in the fall of 1972, and time sheets and ,a purchase invoice for posts and wire tending to 1 ` d establish i , that the took place in September, 1972, were _ ; -6- a f' I • • • introduced in evidence. Hale testified that the only fencing • activities in which the County engages other than the one in • • question are at the airport and that the airport .activities • always take place in the spring to repair damages caused by • winter snow-removal operations. These witnesses relate the . fencing activity on the Contested Parcel to the expiration of the terms of office of commissioners Vagneur and Sardy at the end of 1972. • Hale testified •that when the fence was built no sheds ! or property of value were found on the Contested Parcel. Prior to constructing the fence, his crew cleared the area of trash, • shoving some off the property and taking some to the dump.• . Donald Piper and Richard Meeker,' persons who had . ` • interests in. the plaintiff at the time of. the Grant & Company Aspen One Company transaction`'and who still maintain interests" in plaintiff (Piper is president of Aspen One Company) testi- fled that the fence was not in place in the fall of 1972. - ' Meeker relates his recollections to a visit from his parents at Thanksgiving of 1972 .when he experienced difficulty. locating the boundaries of t'he, land which Aspen One Company was preparing to . purchase. Each party relies on an aerial photograph of the area taken October 26, - 1972. It reflects .the area on a. sunny day. No fence can be discerned from the photo, but the Court is unable to determine from the photo whether a fence post and its -shadow would be large enough to be seen on that photograph. • Based upon the conflicting evidence, it is concluded x J that each set of witnesses testified in good faith but that one is necessarily mistaken. The Court is persuaded that the -7- 3 • S t S 41/ • • ro,318 r_436 testimony of the commissioners and workers, supported as it is by written records, is accurate. DISCUSSION AND CONCLUSIONS OF LAW: A. Plaintiff's Claim Plaintiff relies on C.R.S. (1973) 38-41-108 and, in the alternative, C.R.S. (1973) 38-41-109 to establish its • claim of title to the Contested Parcel. Those sections read as • follows: "38-41-108. Rights in possession seven years - color of title and payment of taxes. Every person in the aci...ual possession of lands or tenements, under claim and color of title, made in good faith, who for seven successive years continues in such possession and also during said time pays all taxes legally assessed on such lands or tenements shall- be held and adjudged to- be the legal owner of said lands or tenements to the extent and according to the purport of his paper title." . • . "38-41-109. When in possession under color of title - unoccupied lands. Whenever a person having color of title, made in good faith, to vacant and unoccupied land pays all taxes legally assessed thereon for seven successive years, he shall be deemed and adjudged to be the, legal owner of said vacant and unoccupied land to the extent and according ' to the purport of his paper title." . . . Relevant elements of a claim under these statutes must ' - be examined against the factual background set forth above to determine whether Plaintiff has established its claim. Thu relevant elements under C.R.S. (1973) 38-41-108 include: (1) actual possession for seven successive years, (2) under claim and color of title, (3) made in.good faith, and (4) payment during such time of all taxes legally assessed. The relevant elements under C.R.S. (1973) 38-41-109 are identical except for (1) . Instead of actual possession, section 109 requires that the land be vacant and unoccupied. These elements will be separately considered. -8- 1' I I I ■ • 111 ® 5 3 1 8 A 4 3 7 (1) Possession • The seven year period upon which plaintiff relics is April 27, 1966 through April 27, 1973. It is concluded that the activities of plaintiff and its predecessors with respect to P the Contested P=arcel were adequate to establish actual possession during such period up to the time of construction of the fence by E1 the County. It is concluded that the clearing of the debris and • other material from the Contested Parcel and the construction of the fence were adequate to interrupt plaintiff's possession. Based upon the conflicting evidence, it is found that the con- struction of the fence took place in the fall of 1972 and was completed before the end of 1972. Accordingly, plaintiff has � . P failed to establish the requisite seven year period of possession. See Webber v. Wannem:3ker, 39 Colo. 425, 89 Pac, 730 (1907) . 1 (2) Claim and Color of Title Defendants concede that the Wille quit claim deed is adequate to establish claim and color of title. • (3) Good Faith It is concluded that the claim by Grant & Company . was not made in good faith. The evidence established no basis upon which Grant & Company could have believed that Wille had any interest in the Contested Parcel. Wille himself testi- -.fied that he had no such interest, that he had never made any use of the Contested Parcel and that at the time he had owned 1 ; the Aspen One Company Parcel another person had been making use ' 1 • of the Contested Parcel. It was apparent from the testimony that Wille had no intention to purport to convey the Contested Parcel to Grant & Company. Grant & Company's extensive survey work j nd title research prior to the closing only confirm that it -9- f t t • • ar318KE3 could not have believed Willa had any interest in the Contested Parcel. Good faith requires a bona fide belief that a deed is effective to convey an interest in land. Silford v. Stratton, 54 Colo. 248, 130 P. 327 (1913); Gibson v. Huff, 26 C.A. 144, 141 P. 510 (1914) . Good faith is presumed in absence of evidence to the contrary. Knight v. Laurence, 19 Colo. 425, 36 P. 242 (1894) . In this case, the presumption has been rebutted by the evidence. In Silford v. Stratton, supra, it was said, quoting an Illinois case, at page 254: 01The faith, whether good or bad, depends upon the purpose with which the deed is obtained, and the reliance placed upon the claim and the color. A party receiving color of title, knowing it to be worthless, or in fraud of the owner's rights, although. he holds the color and asserts the claim, cannot render it availing, because of the want of good faith." = It is also concluded that the good faith must extend throughout the requisite seven year period. This is implicit from the language of the statue. As a result, Aspen One Company, even if it possessed the requisite good faith in acquiring a deed from Grant & Company, cannot establish continuous good 5 + faith for the requisite seven year period. Furthermore, Aspen One Company presented no evidence to establish any basis upon which it could reasonably rely on the wild deed from Wille, and accordingly did not possess the requisite good faith in its on right. (4) Payment of All Taxes Legally Assessed. Property of a County is exempt from taxation. Constitution of Colorado, Article X, Section 4; C.R.S. (1973) 39-3-101 (1) (d). Pitkin County took a treasurer's deed to the Contested Tercel in 1947. It obtained a quiet title decree against the { � • -10- t i - xt • . i 1110• ( . • B00%318 f v,r,439 prior recorl owner and others on January 3, 1972. At least as I / early as January 3, 1972, the Contested Parcel was owned by Pitkin County. Property of a county, not subject to taxation, cannot logically be legally assessed. This may be the reason the legislature found it unnecessary to include in the seven year statutes a specific provision, such as found in the eighteen year statute, that they are inapplicable to the county. C.R.S. (1973) 38-41-101. See Harrison v. Everett, 135 Colo. 55, 308 P.2d 216 (1957) . • At most, plaintiffs have established only five years payment of taxes legally assessed, one year short of the period required to establish a claim under C.R.S. (1973) 38-41-108. B. Defendant's Claim .Defendant introduced in evidence a treasurer's deed 1 to the Contested Parcel and a decree quieting its title in the . Contested Parcel against the entity which was the record owner of the Contested Parcel prior to execution of the treasurer's deed. This creates prima facie evidence of title in defendant. The only evidence offered to rebut this prima facie case was plaintiff's own chain of title beginning with the Valle deed. That latter chain of title, together with the activities of plaintiff with respect to the Contested Parcel, have been held insufficient to establish plaintiff's claim. Accordingly, Defendainft's prima facie case has not been rebutted. 1 IS ORDERED, ADJUDGED AND DECREED THAT the defendant ; ! Board of Conmlosioners, at the time of the commencement of this if tl proceeding, were, and they now are, the owners in fee simple, with right to possession of that real property situate in Pitkin tr -11- . , • • t ; 8m'c318 Pic:440 County, Colorado, described in Exhibit A hereto; that fee simple title in and to said real property be and the same hereby is quieted in defendant Board of Commissioners, and that the plaintiff has no right, title or interest in or to the said real property or any part thereof, and that it is forever enjoined from asserting any claim, right, title' or interest in or to said real property or any part thereof. . Done this 22 day of October, 1976. BY THE COURT: 641(7% istrict65u • • • • • -12- t � • r 1 _ . . . . . • • . • . . , • ... . : f 11, . . . . . 0 - . ' ' • . . . . 1: • 1 . " , t•-.....,,t.,0_A,...) k A - 4.-4 4--',. i 4 , . . - •. . I - . . • ..-. . . : • • . , i - . ' ' • . . LIGAL.DESCRIPTION: , : 1 . . , ' 1 A tract of land being part of Section 7, Township 10 South; nan . • 84 Vest of the 6th Principal Meridian, moro particularly (::::-.1scriL,i_id '-.: • nn follows: . . . . i •. , . . . , . . BEGINNING AT A SURVEY NONUnENT A 4 IN. EY 4 4N. . CONC. no , W.TTN •• A BRASS CAP MARKED 0-13 BEING 37.61 -FT. EASTERLY OF T;ir. caNi-Tr.a c,-.? . THE SW..31; 0.1••• SEC. 7 AS DET1..:.'a:4INED BY ZIIX SERAPINI REG. PROF. 1.7r•;6'.4• :, 1 & LAND SURVEYOR 2563 . ', i '• i • THENCE S 89°30131" E. 184.40 Fr. TO A 4 IN. BY 4 IN. CONC. MON. TIITil '', . . A BRASS CAP 2AR7.1.'D 0-36 TO THE POINT OF BEGINNING . i • , • • • • THENCE S 006521 Ti 109.66 Fr. TO A 4 IN. BY 4 IN. CONC. MON. T/ITh . A BRASS CAP MARKED 0-42 i . . . • • . .. . THENCE N 16°40' E 9.33 Fr. TO A 4 IN. BY 4 IN. CONC. MON. T/ITil - A BRASS CAP MA = BILI 34 . t . . -. • ., • THENCE S 74°34' E 141.30 F . TO A 1954 BRASS CAP CORNER ..- COR. • O. 6 OF TRACT As M.S. 6786 • • -•:. ; .\ •.-: • ,■ , . . THENCE S 09°21' E 168.88 FT. . . • - • .. . • . *. -: •• •• . • - • THENCE N 80°39' E 55.44 Fr. TO TIIE 'CENTER OF THE ROARING .FORLC nxv4,4 i . ,i_ .,. , • . , . ''. • THENCE NORTHERLY AND WESTERLY ALONG THE CT= 141a. OF THE noAralio : .: ,. FOR RIVER ON' THE FOLIZWING DESCRIPTION:. .:' ..*. '. 1.. . .'. ' ' ; .N' . • . ,. . - . • . . .- .., 1 • if 19°22 E...41.56. 17°:. . ... . • • . . . . • ; N 07°64'- W 202.25 FF. • • :'.. • . . :, • • . • . • :. '• ' • . ._ . • . •. ... N 30°29, W 63.30 FT. - • • ' • : • • • .. .., . . . . . • • . .• -i . , . TILENCE N 89P4550"; VI 167.91 FT. TO THE POINT OF BEGINNING. .. . • - _ • _ 'COUNTY OF PIZEIN,s, STATE OF COLORADO ' • • .. . . ,, ... .. . . . . . .. . .. • ' , • • . . • • -, - ... - • . , . T• , .. , . ,. . ' '„ -. . -' * --_ , . .- . 1 - , ..- • ''--: '''.-'^'., ' - - - .:" .-• • - . -. . -,''''''''- '',.:.:...."' :.:-'' :*--.. ;,."-.'71 ' - ': '' , . .. . ' • .. ;•:-.: . :- i ' 6,, "'- ' -.•' .'; • . .• ', . . ' . ::.: ' -.;;;':". ' ' 1 -l'i. . . . -' ...' , .:!,..1.73 - f • . . .. - . . - .. ...: ; • . . • . •_ , . ,•. • • . . . ... . . . . - . ... . . • ,..., . _ EXHIBIT A . . . . • .. - _ • . .. • TO ME:NORANDUM OPINION - • • - •• • - •••• .- ..: : •••:- .-•••-•'•.••': . • AND DECREE •,:. . . - . • . • ., -Civil Action No. 5338- . '. • . :. • . . . . • - . . . . , . . . • . . ... ... . _ ! • . . - .. . , ' • \ , , . . • . • . . . . . . . • , , . . . , . • • . . . 1 . .; . . . • I . I • . • • ' • L , , , ,• .. . 1.1 • . . . -:. . :I . ' , ...... . . . , . . .: • . •: . • . . . . :.: . I i . • i • . . , . - 4.. .. , . , ,. .. .. . .,.. .., . _ _ ... . .. _ . - -.. - .._ . • - . . . .. . . . • . . ,•. , . • • • . , . . , • . 3 ' r � • e i •-R ; , • - ® t7, \ 1 . I 1 , _,,„ k . r. LE- A • II- • • • o t n • • '11- _ . .\ . I • II • , • .. ... ., . : .-.„., . . i.:1 . . 1 t • Z r o • • • • . I is e C • Z I 4. ° a ", 4 e •• F 0 ` v i ri•.. P ,t: • . . . 2 -.• • .. . a-, NI i . . . A 4=' r • • ' - • - . \A r t, • i&) e . - .fift3 • 4 y a `C 't1 w ul w .. . L� i i • 0 0 CO •w I , i N fist 'qtr I i I 4 1 . 1 i .. t • . • • ' • (\.1. • . p t . • . ■ .'. ./ I • , PO r • . . . . . • , • , i1 m 1 ' ___, ./ ( , / / i -- \ 417 ti f" j------j--.) ,,..,I i, k.,/' t s Rl rn \ 14414/46011,1,4 \ 11.-:".44,4,44N.. C) .5' s ( K.> .... \ to) i I \\ . \ ,s, 1 t ‘1111141111.1P 1 i ......) *N., ../ I 1.1„, <>/4j \ '''',,..,:'ss'' •...f' \/.:',:, '11 I z-\ 1 \ \ . 4/41If \ ,,, , 1 IVA, - \ .4 \ )1/ - \\\ � �i \ , o , . i4tifiroe*---1 frier 0 ../. t t.- CO i \\ ttli --'.# ''-4c0 \ \ fk:`,'''1 t3, #411, ir (7,-,-1 2 - ,,, O 1 ''...,',, e't, C.) 41 l'w: . -)."....\ 1 \ � ' \ .,\II If"/ i 'r I I\ ,,.. \ ,„..1 - tiY �/ f i j II/ •••■ .1 ■P /,'.1 : :,..::::, � � ,3/�- o 0 , CP I 21/ V.3\-:\ (;%4 41 .Ar'',,, I I • 111L" .„ , , , /II .17. 5. i'' (//els ii ig r• .,..- ,,,..--. t . ... \ 1 s 1 /iiiwoogi .\.\\* Ili, tt t c.:::: ,,,,± r// ',11 1/, / // 67 \ /a ., , r • 1 . _ 1 -4 ' - -----7"/, f CO m r rm 4 --'ar 3 Z I n n n - n tD.< m p A i i 0 a p c c G N C„ a A p ; y w -y co Q Cn Cv Z 70 of -0 . v ' 'co 1 • C'D 1I . 1- 7 O a m 7C7 T n r co Cf p 0 < O O N m ^ .•. -. - r- [7 N C7 rn— >o _ a O CO 7 * O d 3 = 7 O ID C -. r ti Z a H 7o z rn - 0 0-CO co m .. o x 0 o- O 'U .CD -° ; -4 -1 -+ _ o -.o -. co G co�p N d ..< Q �� Z b Z .'tl m a a o 0 7C Di m y C ',' :.: - ' W < r C — O Z O -41 7. -+ Z r C•7 - N ' o fl -• M O 0 N 3 S 7Z1= C7 C3 c 7c _ c Z Z m a m co Q o — a Or z — a o T m ^� 90 n CO m , < CD .Z. °` o cr) T W d -.J Z n O --1 T r 70 = ° m O -. .» d y G O CO • -. p, O W O O . -° O C m Oct 0 co C p O co a n C r.,,, 3, o N r d > > da = M o C7 7D 3 A a a 9 .O B d C O z •,1 ° ,..n 0. /; — m m y r*1 a — a R1 • m y N ∎. rn Z O Z n <. 3 d W r- r rn � C �. GI d y O O9 y p Col c v/ Z N co A -.9 T - 01 A A Dl N O co rn 73 O O CO MI 0. . . , - . , , . ., .. • • * . , '. '..','.'•'• .• • I . AL . • , . . . 0 . . . ., li . . . ' . . . . .. . co . . . . . -, , a I . .. . . ci. , .. - . -.L. I — • . _. . ; . . ....R.,:; , . tu , , . , , t .. . , . .-* • . . , . . . . . , • , ■ . 11..,.•,i • . . cu . !. • , . !e!..:,. , . • . : . . 1 • i .. , 1 , . t. . 7:3 . . , -•t, *;.:' . cr ' . i • . I , 14 , . Crti Cross Section 44.38 ; ; 5' , . . , , • — , . . , c: : , . , c, , ; • ": , ".. ; : ". . I., $•,.: - ": .: ; ,• : , = ", ". - " ,, i; t:t , , . • • , , , . - f ' -i t ,, 1 : , • • . . t t• , . . , . , • . . • ' — . ; 1 ' I . ! i: i ; ..; i . . • .'i: . , • a -s, ' ■ i I . , . A : ! : 1 • 1 ! 1 , , . ; 1 • : • , ; , 1 i 1 , i . , ; , ; i • • .- • - i , , , , , , . , . . i i t 1 1 , i, , , ' 1 1• i . ••:''' -: ' r . I 1 , 1 1 •..- • " : . : i ,. 1' i i i r, i- 1 , r r i 1 ■ , • 4 ', ' . A A , I ' 1 ,, : i . , , : , , . 1 . . . , , , i i I , ; 1 ', i 1 ., i , ) : \ I i. '. 1 i 1 '' ...1—,.... .... 1 ,--1.-- 1.. 1- 4 ---- -:-1-1- .1- ,.... i 1 i i 1. -.: 1 : .., L ; ; . { I, , 4 , ; ; , _ ; 1 ; ; ; : . : . i f , i , i :: 1 , . 1 I 1 i .L. i • . i . ' 1 H-- Abandoned R.R. ■ , I 1 i 1 ''■'. / I i i I I I 1 1 1 I I 1 1 i i . '. • 1 't : ', j i 1 li i t 1 . 1 1 i 1 I . 1 • I 1 . ' I I , I 1 1 I 1 1 : , '4. : • 1 I i ■ i I I 1 :1, ■ t 1 ' . ■ ; .4 ,. 1 I 1 1 I i ,.i*.H} L ' 1 1 •-"L'a' . 1 t -- ' : -1- , ..,...... , , ., • : .., , , , ., :i I111 ' 11 I I : I I I •• "•:•- 1: - - 1 ' 1I' " ': ' " , 41A , I :, t . . i 1 1, '=00•■0,. I .III I I ". 1I. I i 1 I 1 II ' 111 .1 A • I ; " i ..: IIIII: I '..,', 1 1 ' 1 • 1 I I '..., 1 'i ''LI 1 I I - -0 ' .':. ' I 1111 " I IC 111 . I ' I ' I • , III ', I - A. Ii 'A ' iI ' '' ' 't ,. ., • ,ciA 111 . 11 ' • •I il 1 "'""'' I ! I A 1 ...........„1,.....4_,*; 4...„.,„' *LA-. ;—....,f.--,— ......-I" :A , .. ,. r+ i - ''',' '' II , ......i.......... III I I 1 : I I " ," / , 'I ."irl': I • I IIII1 , _ ,A , 1 I 11 1 I , , ■ I 1 , $ I .,..- , .— 1 1 . I I i a : ! i • . 1 . I A., i 1 1 1 1 = i ' ,a1 ' .1 - 1 I I ! 1 i : . =. i 4 . ,r , ,cp.„, I ' i - i i 1 4 ' 1 , 1 a : i ..:, 1 ■ 1 1 ii 1 ' 1- :' 1 11 1 1 I • , ' '.. I ; i 1 ( • ll 1 ' I 1 1 . t . I " i 1. 4 1 ' I I • I i 1 i ; , = 1 ' I . . . i , ■ 1 ' t 1 1 , \H 1 . i , 1 t ' I 1 I , 1 1 i , ,. i i. I / I ' . 1 , ; ..... ! I . i i . i I - i 1 I I i i . 4 i I I , 1 --: `, . . 1 1 f I 1 1 i 1 S . I treet 1 1 • = --, . t ,, , --Hr : --..\ . , " -4 1 1 1 . 1 • 1 ..„.,„.,,...... .........................__,...— --, -..---/—i------4-------c—,,,-,-1- t i L.... ......., _ , . ....,,... 1--i I- it illi , , II. 3 • 1 , 1. i i 1 1 i' t. ■ t . c-3 . 1 1 li. i L 1 • 1 ./. I I t I I - :it . z , f 1 1 1 z 1 I i . i 1 1 - 1 ii. i I ! 1 ' , 1 1 , , , ; .1 1 t , , , i .. -,...; r: --4- ; -:-.' 1-1—, t ..."-:,-1- r -1 „ — i mt"."-"'''"'""1"."'"'".'4". ''*'.**"' , s , 3 I , i , 1 t. , ' ' A 1 I ' ', ! 1 i M 23 rn--"I • i 1 ; :- 1 1 i ; 3.• i i - I i , i 1 ,,,, ' [ . 1 • • I i ; i ' ,.; = ; , • = • „ 1 ; . . 1 1 1 ; ; i ; i ; ; ; , i - ; ■ ; ; ; 1 ;, ",;, ; • i :,,=,!' 0 7X 0 C" 2. I, ■ ,■! ,i i .'I 1 i ' ■i; I 1 /c I' j!'. ;,,• A'' 1;! ':?1„ ,, ■, '..'! '!,, 1 t 1, I i • 1I ;: I 1 • ! 1... -c '. 1 i .. i. ! . 1 ,. . 1.... .......................... .. - - z ---1 m cJ1 • ,, m ' 20 cn . ---14,,.., ,;nier,-'...,..U.I.e`,..r `,::,..,,,,:i.,.,',7.;;,,,;',,,,;,........r,,,,:,74..;,„ 7...,,,y,,,,,,,, ... :-...,,-.'-.,,,';'....''.:''.-.-,''■,L;;''' .':' `.>:',-''..-_----r..;f' ”. - .. '.',..•:'‘,c."L.:, . . ' ... .'. ''''''':- -..'''''-l'777. :.7t'7. r:''';;..!1 . ,. . -. . . . , . i . , . . . ,. - . '. •'- 1 ''- .' . . . . . - • . . . . . . . , .. . . . . : .'" . . . .' ' .' . ..• .. . .. .• ..'.. . . . .. - . . . . . ..,..., . . . .. , ' . „ , . , . . , . . . , • „ , „ , .. ,. •