HomeMy WebLinkAboutLandUseCase.CR.401 W SmugglerSt.0031.2004.ASLUCity of Aspen Community Development Dept.
CASE NUMBER 0031.2004.ASLU
PARCEL ID NUMBER 2737-07-4-00-040
PROJECT ADDRESS 401 W SMUGGLER ST
PLANNER JOYCE ALLGAIER
CASE DESCRIPTION PITKIN COUNTY REFERRAL, CASE P079-04
REPRESENTATIVE SUZANNE WOLFF 920-5093
DATE OF FINAL ACTION 1/6/2006 12:0(
CLOSED BY Denise Driscoll
-..Vitkin County Referral 401 Smuggler Mtn
2737-074-00-040 case 0031.2004.ASLU
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City of Aspen Community Development Dept.
CASE NUMBER 0031.2004.ASLU
PARCEL ID NUMBER 2737-07-4-00-040
PROJECT ADDRESS 401 W SMUGGLER ST
PLANNER JOYCE ALLGAIER
CASE DESCRIPTION PITKfN COUNTY REFERRAL, CASE P079-04
REPRESENTATIVE SUZANNE WOLFF 920-5093
DATE OF FINAL ACTION 1/6/2006 12:0(
CLOSED BY Denise Driscoll
■�jg 03 06 02:03p
■ ■
Cindy Kenney Agency 970-927-3990
p.1
■ 07 American Family Insurance
207 Basalt Center Circle, #103
PO Box 3950
Basalt, CO 81621
970-927-6596
970-927-3990 fax
Fs x
To: Building & Planning Dept.
Company: City of Aspen & Pitkin County
From: Stephanie
Pages: 2 with cover
Fax: 920-5439 Date: 8/3/2006
Phone: Re: Certificate of Liability Insurance
❑ Urgent 0 For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
0 Comments:
To whom it may concern:
Enclosed is the Certificate of Liability Insurance that you requested for Kurt Whitney. Please let me
know if there is anything else that I can assist you with.
Thanks and have a great day!
Stephanie
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File Edit Record Navigate Form Reports Format jab Lielp
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Main Routing Status Fee Summary Fe" Custom Fields Parcels Actions Sub Permits Attachments Routtrig!jistwy
C Permit Type Permit # �031.2004.A51.L)
Address FOI WSMUGGLERST
Apt/Suite '
Coy ASPEN
State P-E Zip �611 J
Permit Information
Master Permit I
Routing Queue F.al iv4 Applied OU2012004
Project iPrTKDY COUNTY REFERRAL
Status Approved [61'Jai12006
Description PITKIN COUNTY REFERRAL, CASE P079-04 Issued
Final 110612006
Submitted 'SUZANNE WOLFF 920-5093
Clock StoppedDays F 596 Expaes JR/1512005
Owner
Last Name, IOUD H MONTGOMERY &PA ;!I
Fist Narria
PO
X )X 1 0 BC PO 8
CO 81612
Phone
rv— Owner IsApplicant?
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Applicant
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La-tName;LOUDHMONTGOMERY&PA.j
Fiat Nance F
PO BOX 11
F4223
ASPEN CO 81612
Phone Ct* #
Lencitr
Last N ame
First Name
Phone
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Record 1 of 1
•
OBERMEYER REDEVELOPMENT CO.
210 N. MILL STREET
SUITE 201
ASPEN CO 81611
0
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INC-OF2F'ORATED
LETTER OF TRANSMITTAL
Date: MONDAY, APRIL 4, 2005
Project: OBERMEYER PLACE
Job No: GSO4243.000
WE ARE TRANSMITTING: Reinforcing Steel Observation Reports
FOR DATES: From: 3/31 /2005 To: 3/31 /2005
REMARKS: See attached summary reports for
information.
COPIES MAILED TO:
COTTLE CARR YAW ARCHITECTS
CITY OF ASPEN
RA NELSON ASSOCIATES
CTLIThompson, Inc
DAN DOWNING
LABORATORY/FIELD MANAGER
234 Center Dr. I G*wood Springs, CO 81601 1 Phone: 970-945-2809ox: 970-945-7411
PITKIN COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
130 South Galena Street
Aspen, Colorado 81611
Phone (970) 920-5526 FAX (970) 920-5439
MEMORANDUM
TO: CITY OF ASPEN
FROM: Suzanne Wolff, Community Development Department
RE: Loud Special Review for TDR Receiver Site
(PID 2737-074-00-040; Case P079-04)
DATE: May 20, 2004
Attached for your review and comments are materials for an application submitted by Monty Loud.
The Hearing Officer will review the application on Thursday, July 29, 2004.
Please return your comments to me by Friday, June 11, 2004.
PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU
HAVE NO FURTHER NEED OF THEM.
Thank you.
N •
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LOUD SPECIAL REVIEW FOR TDR RECEIVER SITE
Table of Contents
Pages 1 — 4 Letter of Request & Response to Criteria
Page 5 Exhibit #1: Vicinity Map
Page 6 Blank
Pages 7 & 8 Exhibit #2: Deed
Page 7 Legal Description: Paragraph 3 & 4 of first page of Deed
Page 9 — 12 Exhibit #3: 1041 Hazard Review
Page 12 1041 Review Map (117 acres)
Page 13 Exhibit #4: Samuelson Pump Co. Well Test Report
■
■
Loud Special Review for TDR Receiver Site
■
■
■
Request
■
Request: Mr. and Mrs. Hugh M. Loud, the Applicants, request to have their
property located at 0401 Smuggler Mountain Road designated as a
■
Transferable Development Right Receiver Site for two TDRs through the
■
"Special Review for TDR Receiver Site" process pursuant to sections 3-210-
010, 3-310-030 and 9-110-042 of the Pitkin County Land Use Code. The
■
applicant's residence on the property is approximately 5000 square feet of
floor area and they are requesting to have their property designated as a
■
Receiver Site for the purpose of constructing a phased series of additions to
bring their residence up to a total of approximately 8500 square feet of floor
■
area as square footage is currently measured - which counts garages, decks
and overhangs, and crawl spaces and attics above 5'6" in height.
■
This amount of square footage is still significantly less than the 15,000 square
■
feet of floor area originally permitted while the property was mapped inside
the Aspen Metro Area and to which it is currently permitted under the AFR10
■
zoning.
■
Property: The 3.4 acre parcel (ID#273707400040), also known as the Joplin MS
5914, is located just under a half a mile up the Smuggler Mountain Road (see
■
Exhibit#1 - Vicinity Map) and contains the applicant's full time residence. Mr. &
Mrs. Loud purchased the property from Ms Cynthia Allison in June of 2000
■
(see Exhibit #2 - Deed.)
■
Previous Land Use Approvals: The parcel was legally created prior to 1978 and
was granted 1041 approval by P&Z Resolution dated July 17, 1988, recorded in
■
Book 568, Page 673-675 (see Exhibit #3 -1041 Hazard Review Approval.)
■
The property was subject to a Scenic Overlay Review in 1995 - BOCC No. 95-
115.
■
When the applicants purchased the property from Ms Allison, it was in the
■
Aspen Metro Area but was subsequently remapped outside the "Urban
Growth Boundary" into the "Rural" area of Pitkin County with the adoption
of the UGB, a change that was not noted by the Louds until they applied for a
building permit in 2001.
■
The property is currently exempt from the GMQS for up to a total of 5750
square feet of floor area.
■
There are no prior approvals that would limit the square footage to less than
the 15,000 square feet of floor area allowed under AFR10 Zoning.
■
Special Note: It is important to keep in mind that the development allotment
■
under which the residence on the Joplin was originally constructed
■
■
Loud Special Review for TDR Receiver Site Page 1
■
5/7/04
■
represented the singular development allotment for the entire 117 acre parcel
(see Exhibit #3 —1041 Hazard Review Approval) on the front side of Smuggler
Mountain owned by Fidelity Trust Building Inc., of which the Joplin was then
part (see Exhibit #3 —1041 Hazard Review Approval.)
After the Joplin's 3.4 acres were purchased from Fidelity Trust by Mr. Ernie
Oldham in 1988, who subsequently sold to Ms Allison, the county took the
position that the only development allotment on the entire 117 acres owned by
Fidelity (15 contiguous mining claims) resided on the Joplin.
Compliance with Code Sections: Criteria and Responses
County LUC Section 3-210-020: General Standards and Criteria
A. The special review use shall consider the applicable County Master Plan.
Response.: the proposed development does not conflict with the East of
Aspen / Independence Pass Master Plan or the County Master Plan.
B. The special review use shall not conflict with any applicable sections of the
Pitkin County Land Use Code, including the County Land Use Policies in Article
2.
Response: This special review use does not conflict with any applicable
section of the Pitkin County Land Use Code nor the Land Use Policies in
Article 2.
C. The special review use shall be consistent with the intent of the Zone District in
which it is proposed to be located.
Response: The purpose of this application is so that the applicant may add
additional square footage to his existing residence on a parcel currently
zoned AFR10. Under this zoning, "Single-family dwelling units with a
potential of up to, but not exceeding, fifteen thousand (15,000) square feet
of floor area" are allowed as a right per LUC 3-40-090 (Para. 11) and as the
proposed additional development will be confined to the building
envelope there will be negligible impacts to the rural character of the land,
to wildlife habitat, or to scenic quality and is consistent with the existing
use and the intent of the AFR10 zone district.
Loud Special Review for TDR Receiver Site Page 2
5/7/04
D. The special review use shall be compatible with the character of the immediate
vicinity of the parcel proposed for development and surrounding land uses, or
. shall enhance the mixture of complimentary uses and activities in the immediate
vicinity of the parcel proposed for development,
Response: The neighboring land uses are single-family residential and open
space and the granting of this special review use will not change the
character of the area.
E. The location, size, design and operating characteristics of the proposed special
review use must be in harmony with the surrounding area and minimize adverse
effects, including visual impacts, impacts on pedestrian and vehicular circulation,
traffic generation, parking, trash, service delivery, air/water pollution or other
impacts on natural resources, noise, vibrations and odor on surrounding
properties.
Response: The proposed additional development will be designed to be in
harmony with the surrounding area and will have no adverse effects on
neighboring properties.
The purpose of the additions to the house are primarily to improve the
overall livability of the home for the applicant and his wife and therefore
there will be little or no additional impact to roads, pedestrians, vehicular
circulation, etc.,
The number of residents will not change so if there is additional traffic
generation it will be small, sporadic, and well within the carrying capacity
of the Smuggler Mountain Road.
The visual impacts will be negligible as the proposed development is
largely infill or below grade or hidden from view by the existing structure.
F. There must be adequate public facilities and services to serve the special review
use, including, but not limited to roads, potable water, sewer, solid waste, parks,
police, fire protection, emergency medical services, hospital and medical services,
drainage systems, and schools.
Response: The property is currently serviced by many public services such
as roads, parks, police, fire etc., and the special review use will not make
any additional demands on these. It is not connected to the public drainage
system,
Water and sewer are currently being provided onsite. The residence is
serviced by a well producing greater than 10 gallons per minute (see Exhibit
Loud Special Review for TDR Receiver Site
Page 3
5/7/04
#4 — Well Test Report) and is sufficient for the additional development. The
existing ISDS was re -engineered and improved to have sufficient capacity
for the additional development but if it is determined to be inadequate, the
applicant will have an addition to the ISDS or a new septic system
engineered to meet the requirements of the Pitkin County Environmental
Health Department regulations, adhering to all necessary setbacks from
wells, etc.,
G. An application for a special review use must demonstrate to the Board of
County Commissioners that the proposed development will not:
1. Materially endanger the public health, safety or welfare; and
2. Substantially injure the value of adjoining or abutting property. (Ord. 021-
2000 (part))
Response: The single-family residence is an existing use and as its use will
not change there will not be a material endangerment to the public heath,
safety or welfare and as the improvements to the residence can only add to
the value of the property, there will be no injury to the value of adjoining
or abutting properties.
County LUC Sections 3-310-030 & 9-110-042(C):
Response: There are no provisions in either of these code sections that
would preclude the designation of the Joplin as a TDR Receiver Site.
Loud Special Review for TDR Receiver Site Page 4
5/7/04
I
I
444654 06/29/2000 12:50P MD DAMS SILVI
1 of 2 R 10.00 D 348.50 N 0.00 PITKIN COUNTY CO
■ Recorded at _ _ — _ o clock M.
Reception Recorder
• RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
■ H. Montgomery Loud
c/o Millard J. Zimet, Esq. 444654
. Klein-Zimet, P.C. TWFER DECLARATION RECEIVED 0612912000
201 North Mill Street, Suite 203
Aspen, Colorado 81611
. GENERAL WARRANTY DEED
THIS DEED is made this 4'li day of June, 2000 between CYNTHIA SATEL ALLISON
(hereinafter "Grantor") and H. MONTGOMERY LOUD and PAULA W. LOUD as joint
tenants (hereinafter "Grantees"), whose legal address is PO Box 1-160, Aspen, Colorado 81612.
. WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars
($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant,
bargain, sell, convey and confirm, unto the Grantees, asjoint tenants, not as tenants in common, their
heirs, successors and assigns forever, all the real property together with improvements, if any,
situate, lying and being in the County of Pitkin, State of Colorado, described as follows:
. The Joplin Lode Mining Claim, U�iited States Mineral Survey No. 5914, as patented
and described in that certain United States Patent No. 19743 dated February 23,1892
■ and recorded May 20, 1949 in Book 175 at Page 205.
Together with ingress and egress as set forth in documents recorded June 28, 1984
`.� in Book 468 at Page 679, Book 468 at Page 698, Book 570 at Page 563, Book 572
■ _ at Page 70, Book 573 at Page 482 and Book 576 at Page 822, County of Pitkin, State
of Colorado.
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging
or in anvwise appertaining, and the reversion and reversions, remainder and remainders, rents, issues
■ and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments
. and appurtenances.
. TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the Grantees, their heirs, successors and assigns forever. And the Grantor for
herself, her heirs, successors and assigns, does covenant, grant, bargain and agree to and with the
Grantees, their heirs, successors and assigns, that at the time of the ensealing and delivery of these
presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful
authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the
. same is free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature whatsoever, except the following excep-
tions:
1. General taxes for 2000, due and payable in 2001.
. 2. The premises hereby granted, with the exception of the surface, may be entered by the
proprietor of any other vein, lode or ledge, the top or apex of which lies outside of the
. boundary ofsaid granted premises, should the same in its dip be found to penetrate, intersect
or extend into said premises, for the purpose of extracting and removing the ore from such
other vein, lode or ledge, as reserved in United States Patent recorded in Book 175 at
Page 205.
3. Terms, conditions, provisions and obligations as contained in Grant of Easement recorded
June 28, 1984 in Book 468 at Pages 679 and 698.
I11111111111111111111111111111111IH '111IIIII111111
444664 06/29/2000 12.'S0P MD Dt , SILVI
2 of 2 R 10.00 D 348.50 N 0.00 PITKIN COU'M CO
4. Easements, restrictions and reservations contained in Deed recorded November 4, 1987 in
Book 550 at Page 85.
5. Easements rights of way and all matters as disclosed on Plat of subject property recorded
November 16, 1987 in Plat Book 20 at Page 30.
6. Terms, conditions, provisions and obligations contained in Release of Easement recorded
February 22, 1984 in Plat Book 461 at Page 395.
7. All rights to the subsurface (lying 500 feet below the surface) owned by Edwin J. Smart,
Harley Baldwin and Stateman's Mining Company as set forth in Deed recorded August 5,
19888 in Book 570 at Page 563.
8. Terms, conditions, provisions and obligations of Mutual Road and Utility Easement and
Right of Way Agreement recorded in Book 572 at Page 70, Book 573 at Page 482 and
Book 576 at Page 822.
9. Reservations, easements and rights -of -way contained in Warranty Deed recorded in
Book 570 at Page 363.
10. Easement and right of way for an electric transmission or distribution line or system, as
granted to Holy Cross Electric Association, Inc. in instrument recorded July 13, 1989 in
Book 597 at Page 313.
11. Encroachments and all matters as disclosed by Survey of Banner Associates, Inc. as Job
No. 8100-01-76.
12. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the
Board of County Commissioners granting approval for caretaker unit and scenic overlay
review, recorded July 27, 1995 in Book 788 at Page 334 and recorded August 17, 1995 in
Book 791 at Page 56 as Resolution No. 95-115.
13. Subject to building and zoning regulations.
All documents are recorded in the records of Pitkin County, Colorado.
The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession of the Grantees, their heirs, successors and assigns,
against all and every person or persons lawfully claiming the whole or any part thereof_ The singular
number shall include the plural, the plural the singular and the use of any gender shall be applicable
to all genders.
IN WITNESS WHEREOF, the Grantor has executed this General Warranty Deed on the
date set forth above. Szz&vc___ _,
SATEL ALLISON
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged and swom to before me this day of June,
2000 by Cynthia Satel Allison.
WITNESS my hand and official seat.
My commission expi
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Notary Public
■
Recorded at a'cioci
P.-eptlon No
■
SILVIA DAVIS PITKIN COUNTY RECORDER
■
RESOLUTION OF THE PITKIJ7 COUNTY PLANNING AND ZONING COMMISSION
■
GRANTING 1041 HAZARD REVIEW APPROVAL TO FIDELITY TRUST BLDG. INC.
Resolution No. 874Z.-,�/
■
WHEREAS, Fidelity Trust Building, Inc. (hereinafter "Appli-
cant") has applied to the =itkin County Planning and Zoning
■
Commission (hereinafter "Commission") for 1041 Geologic and
■
Wildfire Hazards Special Review approval tc construct a single-
family residence on an approximately 114 acre parcel (as de-
scribed in Exhibit "A" attached); and
■
WHEREAS, the Commission reviewed this application at a
■
regularly scheduled and duly noticed public hearing on September
■
22, 1987, at which time evidence and testimony was presented with
respect to this application; and
■
WHEREAS, it was noted that questions of merger with other
■
adjacent properties have not been fully resolved and that the
■
property described in Exhibit "A" may in fact have merged with
■
other adjacent parcels; and
■
WHEREAS, at the above referenced hearing, it was further
■
noted that the separate sale of any portion of the parcel (as
■
described in Exhibit "A") might jeopardize the future ability of
■
the applicant to apply for a Low Impact Subdivision as provided
■
in Section 4-6.1 of the Land Use Code.
■
NOW, THEREFORE, BE IT RESOLVED by the Commission that it
■
does hereby grant 1041 Geologic and Wildfire Hazards Special
■
Review approval to the applicant subject to the following
■
conditions:
■-�
1) The applicant shall submit a 24 x_ 06 inch mylar
survey/site plan for recording which delineates the
■
■
■
P' uOiS 3 r;�G:�J 14
- rl r
Resolution No. 87- ?�)
Page 2
building envelope and driveway access on the 114 acre
parcel as approved by the Planning Office and County
Attorney.
2) To mitigate wildfire hazards, the design of the
residence shall incorporate State Forest Service
Guidelines (Exhibit "B" attached).
3) The applicant shall comply with the recommendations
contained within Dr. Lampiris' geologic report which
include:
a) Landscaping shall be designed to direct run-off
and snow sliding away from the homesite. The
landscaping shall be designed in accordance with
the recommendations of a consulting geologist or
engineer.
b) A site specific soils engineering study shall be
performed to ensure proper foundation design.
4) Prior to the issuance of a building permit, the
applicant shall obtain all permits necessary to upgrade
Smuggler Mountain Road to the building site access
point to Class V County Access standards.
5) The applicant shall comply with the recommendations of
the Environmental Health Department as outlined in
their memorandum dated April 23, 1987.
APPROVED by the Commission at its regular meeting on October
6, 1987.
ATTES .
Jeanette Jones, ,Deputy County
Berk /
PITKIN COUNTY PLANNING AND
ZONING COMMISSION
By
Peter Guy`, �hairman
APPROV�EEDD AS TO FARM: APPROVED AS TO CONTENT:
/V � - A---' !� -I "
Thomas F.-Smith, County Alan Richman, Planning and
Attorney Development Director
FK.OLD
or
■ EXHIBIT A 5US F,4fr675
VaC FL A : .
The following Mining Claims located in Township 10 South, Range 84 West of the
. Sixth Principal Meridian.
Cascade No. 2 U.S.M.S. No. 6948 as described in Patent recorded in Book 175
at page 186,
Contraband U.S.M.S. No. 4471 as described in Patent recorded in Book 175 at
page 187, —
Iowa No. 2 U.S.M.S. No._6948 as,described in Patent recorded in Book 175 at
page 186,
r Jay Could U.S.M.S. No. 1794 as described in Patent recorded in Book 11 at page
■ 1301�^ !?o. 5914 as described in Patent recorded in Book 175 at page
205,
Joplin No. 2 U.S.M.S. No. 6948 as described in Patent recorded in Book 175 at
■ page 186,
Lizzie U.S.M.S. No. 4702 as described in Patent recorded in Book 175 at page
North Star U.S.M.S. No. 6145 as described in Patent recorded in Book 175 at
■ page 221,
Park; U.S.M.S. No. ^3935 as described.in Patent recorded in Book 39 at page 14,
P.ainstorm'U.S.M.S. NO. 6270 as described in latent recorded in Book 39 at page
79,
P.egent U.S.M.S. No. 3936 as described in Patent recorded in Book 39 at page
16, •
Result U.S.M.S. No. 6044 as described in Patent recorded in Book 175 at page
225 , - -
Robert E=ett U.S.M.S. No. 6044 as described in Patent recorded in Book 175
at peoe 225,
Snowstorm U.S.M.S. No. 6270 as described in Patent recorded in Book 39 at page
79,
Tiger U.S.M.S. No. 3937 as described in Patent recorded in Book 39 at page 15.
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April 15, 2000
SAMUELSON PUMP CO. INC.
P.O. BOX 297 WATER SYSTEMS
GLENWOOD SPRINGS SALES, SERVICE & INSTALLATION
COLORAD0 81602 945-6309
Monty Loud
P.O. Box 11660
Aspen, Co. 81612
FAX # 925-6167
Attn: Monty
On April 6, 2000 a well test was conducted on a well serving the
residence at 0401 Smuggler Mt. Road. The following information was
obrained:
Well Depth ------------------------------------- 360'-0"
Casing size (top) ----------------------------- 7"(steel)
Standing water level --------------------------- 264'-1 1/2"
Total test time ----------------------------------- 3 hrs.
Max. drawdown @ 10 gpm-------------------- 288'-5 1/2"
Production is greater than ---------------------- 10 gpm.
This test was conducted with the existing pump and related equipment.
The pump is a 2 Hp. Grundfos submersible Model 10S20. The pump and
related equipment is in proper working order at this time. The well
recovered back to 277'-0" in 10 min. If you have any questions please call
me, Raun Samuelson at 945-6309.
Sincerely;
Raun Samuelson
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■
■