Loading...
HomeMy WebLinkAboutLandUseCase.CR.Smuggler.0060.2004.ASLUSMUGGLER RESULT 1041 HAZARD PITCO REF'RL- 2737-074-00-042 Case 0060.2004.ASLU CASE NUMBER PARCEL ID NUMBER PROJECT ADDRESS PLANNER CASE DESCRIPTION i THE CITY OF ASPEN City of Aspen Community Development Dept. 00Q0, J -00V 45LL-( C14,glS LEE G' 0U N7/ �� FEK' R A-(,� S m U CrGL &--f rZFsU. LT JD I W AZARD RE V10,J REPRESENTATIVE SU :tAX1AlE wOLGF DATE OF FINAL ACTION 10,E k /, -oo1 CLOSED BY Denise Driscoll MEMORANDUM TO: Suzanne Wolff, County Community Development Department THRU: Joyce AllgaierCity of Aspen Interim Community Development Deputy Director FROM: Christopher Lee, City of Aspen Planner dqL, RE: Smuggler Result 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review, Special Review, GMQS Exemption and Modification of County Road Maintenance Classification (PID 2737-074-00-042; Case P 160-04) DATE: October 28, 2004 The City Planning Staff reviewed the proposal to construct a single-family residence and has the following concerns: The City Planning Staff observed that the structure will be in a very prominent location on Smuggler Mountain near the apex of all existing development. Given the high visibility of the site from town, Staff recommends that the county require all building materials to be non -reflective and painted with dark earth -tone colors to minimize the visual impact of the structure. 2. The City Planning Staff observed that the size of the surrounding residences are 7,546 square feet, 6,812 square feet, and 4,986 square feet (average = 6,448 square feet). This is considerably less than the 8,250 square feet proposed for this structure. Also, the nature of the Result Claim creates a non -conforming lot that is smaller than normal (7.1 acres instead of the standard 10 acres). Thus, Staff recommends that the second TDR be denied so that the structure can be no larger than 5,750 square feet. Staff believes that a smaller structure will better compliment the neighboring residential units and the constricted lot size. 3. The City Planning Staff observed that much less land would need to be disturbed, and consequently reclaimed, by slightly shifting and compressing the disturbance envelope in a northeasterly direction so that the disturbance envelope becomes much closer in size to the currently proposed building setback (as illustrated in Exhibit A). In addition to shifting the building envelope, the City Planning Staff would recommend that the County require the Applicant to fence off the building envelope during construction to prohibit unnecessary disturbance. Thank you for the opportunity to provide comment on this County application. 10 6 File Edit Record Navigate Form Reports Tab Help �! ip u�v .1 it rM C lc r,-. onditions I Sub Permits Valuation j Public Comment Main Royft Status I Arch/Eng I Parcels Custom Fields Fees I Fee Surm my I fictions Routing History j P..* Type Permit # 10060.2004.ASLU Address J Apt/S Ae [— CRY State F-71 Z:rp Permit Information --- Master Permit i J Routing Queue aslu Applied 09/28/2004 Project Pi N COUNTYREFERRAL J Status pending Approved J Description IiMGGGLER RESULT 1041 HAZARD REVIEW Issued --JE Final --- 1 Submitted jSUZANNE WOLFF 920-5093 Clock Rumirg Days I 0 Expires -09/23/�2005 J r Visible on the web? Permit ID: 31720 Owner — — Last Name ISMUGGLER RIDGE ASSO J Fist Name Phone F%o Owner Is Applicant? Applicant Last Name jSMUGGLER RIDGE ASSO Fist Name j or n .* tt 5iiZq Record: 1 of 1 PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone (970) 920-5090 FAX (970) 920-5439 MEMORANDUM TO: Engineer Wildlife Biologist County Road & Bridge Open Space and Trails City of Aspen Aspen Fire Zoning FROM: Suzanne Wolff, Community Development Department RE: Smuggler Result 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review, Special Review, GMQS Exemption and Modification of County Road Maintenance Classification (PID 2737-074-00-042; Case P160-04) DATE: September 28, 2004 Attached for your review and comments are materials for an application submitted by Tulasi Wilkinson and Smuggler Ridge Associates LLC. The applicant submitted two separate applications that have been combined by staff for review. The result of the combination is that the applicant is requesting approval to utilize 2 TDR's for up to 8,250 square feet. The Board of County Commissioners will review the application on November 17, 2004. Please return your comments to me by Friday, October 22, 2004. PLEASE RETURN APPLICATION MATERIALS TO COMMUNITY DEVELOPMENT IF YOU HAVE NO FURTHER NEED OF THEM. Thank you. Smuggler Result Property Application for 1041 Hazard Review, Conceptual Submission, GMQS Exemption, and Modification of County Road Maintenance Classification September 9, 2004 List of Attachments Attachments A. Consent to Application B. Property Legal Description C. Disclosure of Ownership D. Mining Claim Patent E. Vicinity Map F. Site Slope Analysis G. 1041 Site Plan, Building Envelop, Disturbance Area, and On -Site Wastewater Disposal Location Map H. Well Permit I. On -Site Wastewater Disposal Feasibility Letter K. Smuggler Mountain Road Settlement Agreement L. Pitkin County Pre -Application Conference Letter M. Preliminary Geotechnical Study N. 1041 Wildfire Hazard Review O. 1041 Wildlife Impact Review P. 1041 Stream Margin/Wetland Review Q. List of Adjacent Property Owners R. Signed Fee Agreement TO: FROM: REPRESENTED BY: Pitkin County Planning Office Smuggler Ridge Associates LLC Tulasi Wilkinson Otak, Inc Doug Dotson 34 North Fourth Street Carbondale, CO 81623 Phone (970) 963-1971 Fax (970)963-1622 Freilich, Myler, Leitner, Carlisle David Myler 106 South Mill Street Aspen, CO 81611 Phone (970) 920-1018 I. PURPOSE OF THIS APPLICATION This application is submitted on behalf of Smuggler Ridge Associates, LLC, a contract purchaser of the Result Mining Claim and Tulasi Wilkinson, owner of the Result Mining Claim as a joint applicant to this Application. The purpose of this application is to allow the development of one single family residence containing up to five bedrooms, on the Result Mining Claim on Smuggler Mountain. The applicant requests approval of a TDR receiver site to allow a residence of up to 5,730 square feet. For this purpose, the following is required: A. 1041 Hazard Review B. Conceptual Submission C. Scenic Overlay Review D. Special Review and QMQS Exemption E. Modification of the County Road Maintenance Classification II. PARCEL OWNERSHIP A. Consent to Application. Provided in Attachment A is a consent and authorization to process this land use application, signed by the owners of the property. Smuggler Result 1041 Application Page 1 B. Owners Names, Addresses, Phone Numbers Smuggler Ridge Associates, LLC C/O Paul Zakovich 5460 South Quebec Street Suite 300 Greenwood Village, CO 80111 Phone (303) 809-0290 Fax (303) 770-7383 Tulasi Wilkinson PO Box 4692 Aspen, CO 81612 Phone (970) 948-2611 C. Property Legal Description and Location. The legal "description of the property is provided in Attachment B. D. Disclosure of Ownership. Tulasi Wilkinson is the owner of the Result Mining Claim. An ownership and encumbrance report is provided in Attachment C, which identifies the owner of the property and mineral reservations and contains a complete legal description. III. Project and Property Description A. The Parcel The Result Mining Claim, USMS No. 8044, is described in a Patent recorded in Book 175 at Page 225 in the records of the Pitkin County Clerk and Recorder, a copy of which is provided at Attachment D. The Result Claim about 7.1 acres. There is a .5 acre portion of the Result that is actually detached form the main portion of the parcel due to an overlap of the Contraband Mining Claim. For the purposes of this Application, the .50 acres shall be restricted and considered part of the Result, and not a separate parcel. B. Parcel Ownership The Result Claim was, for some time held with a bundle of mining claims under one ownership. A court ordered marital settlement divided the ownership, such that Tulasi Wilkinson was granted ownership of the Result Claim. Smuggler Ridge Associates is the contract purchaser of the property. Although it is recognized by the County as a subdivided parcel, it does not have a development Smuggler Result 1041 Application Page 2 C0 E. right associated with it. The intent of this Application is to establish this as a TDR receiver site to allow for residence of up to 5,750 square feet. The intent of this Application is to establish the development right and specific development area within which a residence and accessory uses will be located. Parcel Location The Result Claim is located near the base of Smuggler Mountain in Pitkin County. A vicinity map, showing the location of the property, is provided in Attachment E. Current Zoning This parcel is located near the base of Smuggler Mountain. It is located immediately above the Stanger and Loud residences. The current zoning for the property is AFR-10, which allows one residential dwelling up to 15,000 square feet, subject to compliance with County regulations and plans. The parcel is 7.14 acres. The minimum lot size in the AFR-10 zone district is 10 acres. As a result, the property is a non -conforming lot of record. Proposed Development Site The Result is located along and bisected by Smuggler Road, approximately 3,400 feet above the intersection near Park Circle. The driveway access to the Result is approximately 1,100 linear feet up Smuggler Road from the Stanger driveway, and about 750 feet from the end of the graded/maintained section of Smuggler Road. An existing site conditions and topographic survey was prepared by Sopris Engineering in advance of this Application. Based on this information Otak prepared a slope analysis of the property. The existing conditions and topographic survey and slope analysis are provided in Attachment F. Smuggler Road crosses the property in a manner that creates essentially separate pieces to the property. These are: l . East of Smuggler Road. That portion of the property on the east side of Smuggler Road is generally steep. It is covered by shrubs and forest vegetation. 2. Middle portion of the property. The survey shows at the curve in Smuggler Road there is an existing driveway access to the property. Access to this portion of the property is does not require any alterations to existing landforms or terrain. There is a relatively flat bench here, about 10 percent, surrounded be steeper areas that transition up and down to Smuggler Road. Some of the small, steeper sections on this bench appear Smuggler Result 1041 Application Page 3 to be man-made. 3. Lower portion of the property. Below and south of Smuggler Road is the third piece of the property. There is a steep slope off Smuggler Road, generally exceeding 50 percent grade, with a transition to an area with 20 to 30 percent slopes. Our assessment shows that the most appropriate location for the new residence is in the middle portion of the property, on the bench that is within the bend of Smuggler Rid. A structure located here can comply with the County's setback requirements and height limitations. F. Building Setbacks The plan for the development of the property is shown on the 1041 site plan map, provided in Attachment G. The map shows the required building setbacks on the middle portion of the property, that is located within the bend of Smuggler Road. The residential dwelling and any accessory structure would comply with the building setbacks requirements. Section 3-5-020 of the Pitkin County Land Use Code classifies Smuggler Road, for the purposes of determining setbacks, as a "local street." Section 3-50-50 establishes the following setback requirements. 1. Front setback for parcels 3 to 10 acres 50 feet 2. Side setbacks for parcels 3 to 20 acres 30 feet 3. Rear setback for parcels 3 to 10 acres 30 feet Structures will comply with a setback of 50 feet from Smuggler Road. The Smuggler Mountain Road Settlement Agreement, effective as of June 24, 2004, established a right-of-way of 20 feet on either side of the center line of the road. (The settlement agreement used the term right-of-way, but was clear that the term does not answer the question of whether the County holds the Smuggler Road in easement or fee.) The 50 foot setback is measured from a point that is 20 feet from the center line of the road. F. Well and Septic System The proposal includes the development of a well and septic system to serve the dwelling unit. The well will be located in the middle portion of the property near the residence. It will be located at least 140 feet, (measured horizontally) from the Smuggler Result 1041 Application Page 4 on -site wastewater system serving the property. A well permit allows up to 15 gallons per minute and is sufficient water for one -single family dwelling. A copy of the exempt well permit is provided in Attachment H. Sopris Engineering has considered the development of an on -site wastewater disposal system on this property. A general location for this system is described in Attachment G, which would be located just below Smuggler Mountain Road. A specific area of disturbance for the on -site wastewater disposal system is shown in Attachment G. Sopris Engineering has determined that, if properly engineered, this system is feasible and has provided a statement as to this effect in Attachment I. A percolation test will be conducted prior to application for a building permit. A detailed system design plan will be developed and submitted with an application for building permit. G. Disturbance Area A disturbance area for the residential structure and the on -site wastewater disposal system is shown in Attachment G. Because of the manner in which Smuggler Road divides the parcel, a disturbance area is located on each side of the road. The disturbance area for the residence will accommodate the well, landscaping area, and grading. The septic system disturbance area will accommodate the septic system and related grading and revegetation related to the installation of the system. The only disturbance outside of these areas will be to allow the installation of utilities along Smuggler Road and to connect the residence to the wastewater disposal system. H. Road Maintenance Smuggler Road currently provides access to the property. However, County maintenance of the road (grading and snowplowing) stops just short of the proposed driveway access. The Applicant requests a modification to the Asset Management Plan to extend maintenance to the proposed driveway. I. Legal Access The Smuggler Mountain Road Settlement Agreement, executed by Pitkin County on June 24, 2004 determined that Smuggler Road along its entire length from its base to the US Forest Service boundary at the southeast comer of the Protection Lode is a public road. A copy of the settlement agreement is provided in Attachment K Smuggler Road bisects the Result Mining Claim and as a result, the property is contiguous to and will obtain access directly from Smuggler Mountain Road. Smuggler Result 1041 Application Page 5 IV. PITKIN COUNTY LAND USE CODE SECTION TO BE ADDRESSED The applicant held a pre -application conference with the Suzanne Wolfe of the Pitkin County Planning Office on May 14, 2004. A copy of the conference summary is provided in Attachment L. It was determined that this application should address the following matters: A. Section 3-60, Environmental and Aesthetic Standards - within the mapped Scenic Overlay B. Section 3-70, Water Resources C. Section 3-80-50, Geologic Hazard Areas - Slopes in excess of 15% or 30% Mapped potential avalanche D. Section 3080-070, Wildfire Hazard Areas - Mapped server wildfire area E. Section 3-80-080, Wildlife Habitat Areas - Within or adjacent to mapped elk winter range, severe winter range and critical habitat F. Section 3-110, Improvements and Services G. Section 3-210, Special Review H. Section 3-310, TDRs I. Sub -Section 9-110-042(A), GMQS Incentive for Development Utilizing TDRs J. Article 2, Land Use Policies V. SECTION 3-60, ENVIRONMENTAL & AESTHETIC STANDARDS 3-60-030 Preservation of Natural Landscape A. Grading and Fill Placement: 1. The County Engineer and Planning Director must approve all grading and fill placement which exceeds fifty (50) cubic yards. 2. The Chief Building Official must approve all grading, excavation and fill placement related to specific building permit applications. Response: The applicant agrees to comply with these requirements. Smuggler Result 1041 Application Page 6 B. Design and Construction Techniques: The County Engineer or Planning Director shall suggest and may require design and construction techniques which lessen physical and visual damage to the natural terrain, stream vegetation and other natural features of the landscape. Techniques shall include, but are not limited to: 1. Revegetation and reforestation utilizing native or similar horticultural material, to be completed during the first planting season after construction; where vegetation is removed, it shall be replaced with vegetation of equal or greater foliage mass; 2. Removing and saving topsoil prior to any grading or excavating and replacement for revegetation; 3. Weed prevention, which may include reducing animal damage to vegetation cover and establishing the animal carrying capacity of the land, as determined by the United States Soil Conservation Service Soil Survey; and 4. Locating and installing utilities in a manner minimizing damage to the natural environment and scenic quality. Response: The applicant agrees to comply with all appropriate design and construction techniques that will lessen physical or visual damage to the terrain and natural features of the site. 3-60-040 Scenic Overlay A. Intent: The intent of the Scenic Overlay is to establish a scenic conservation area which includes those lands which are proximate to and most visible from State Highway 82 ....... with specific concerns for the areas which constitute the visual entrance "image" and passage through Aspen and Pitkin County. The Scenic Overlay also identifies the need to maintain a natural ridgeline silhouette against the sky and to steer development away from ridgelines throughout the County as viewed from public roadway corridors. The Scenic Overlay corridor is interpreted to insure that these developments are designed to complement the natural landscape and the natural features within the public viewplane in order to obtain an aesthetically pleasing, rural atmosphere. B. Development on any parcel of land which falls within or is crossed by the Scenic Overlay on the officially adopted Pitkin County Zoning Maps shall be subject to review to determine the conformance of the development with the evaluation criteria identified below. Smuggler Result 1041 Application Page 7 1. Whether the proposed development has utilized existing topography and natural vegetation, such as ridges and hills to screen buildings to the maximum extent possible. Response: The proposed building site has been located on not only the best building site, but also on that portion of the property that will have the least visual impact, as viewed from Aspen. The proposed building location has a significant mountain backdrop that will minimize the visual impact of a structure in the proposed location. 2. Whether the proposed development has been designed to complement the natural topography of the land, including, whenever possible and appropriate, the utilization of innovative architectural techniques such as earth sheltered design, natural materials and coloring, nonreflectability and clustering of structures on the least visible portions of the site. Response: A significant building design has not yet been developed for this site. The applicant agrees that to the extent possible and practical, the design will comply with the following design guidelines. a. The architectural design of the structure will incorporate natural materials. b. A non -reflective material will be used on the roof. The roof coloring will be a darker tone to blend into the surrounding mountain vegetation. C. The color of the exterior building facades(s) must be or mid to darker earth tones to appropriately blend with the natural landscape. d. The primary ridge line of the structure(s) will generally parallel to the topographic contours within the buildable area. The primary ridge line will be broke up by shorter segments of perpendicular ridges to soften the perceived massing of the structure. e. Lighting on the southerly side of the structure will be for the purposes of small area lighting, such as a deck, and for entry and passage way illumination for safety and security purposes only. The intent will be ensure that lighting does not result in excessive glare, attention -getting, or disturbance to the night sky toward the southern viewshed. All lighting will comply with this application and Pitkin County regulations. Smuggler Result 1041 Application Page 8 Whether the proposed development's height and bulk has been designed to avoid, to the maximum extent possible, the visibility of buildings from the highway and public viewplanes. Response: The building will comply with all County standards and guidelines related to building height and massing. The proposed building site is in the best location on the property. If the building site were lower on the property the massing on this structure will appear to combine with that of the Stanger home. The outcome there would be a larger visual massing of the structures, since from various vantage -points the two residences might be perceived visually as one larger structure. The proposed location allows for visual separation from the Stanger home. 4. The proposed structure shall be placed so it does not break a ridgeline, unless there are no alternate building sites on the lot. Response: The proposed structure will not break a ridgeline/skyline regardless of where it is viewed from on the roadway or any other public area. Whether the proposed development has avoided the location of uses on the highest ground or most visible portion of the site as viewed from State Highway 82 and public rights -of -way, identified in subdivision (B)(1) above. Response: The proposed development is not located on the highest or most visible part of the property. From Highway 82, the site is visible only west of the roundabout at the westerly entrance to Aspen. From there, it is a far distant view with very little, if any impact. Along Highway 82 through Aspen, the site is low enough on the mountain that it is visible at only a few spots along the highway, and then only if the viewer is looking for it. Generally, the site is screened from view along Highway 82 by street trees and buildings. 6. Whether the proposed development has been located outside of the designated Scenic Overlay, or on a suitable site at the greatest distance possible from State Highway 82 and identified ridgelines. Response: The site is located some distance from all key view points. 7. Whether the proposed development's exterior lighting has been designed in such a manner that light sources, such as facade and landscape lighting, will not be seen from public rights -of -way as identified in subdivision (B)(1). In Smuggler Result 1041 Application Page 9 addition, an application shall be consistent with the lighting regulations identified in the Pitkin County Land Use Code. 9. Landforms and earth moving shall generally not be acceptable as the sole measure of compliance with these regulations. However, they may be utilized in conjunction with other site techniques designed into the development plan. These methods may be acceptable when utilized as one of several methods to complement and enhance development, rather than as the single device for screening development from view from the State Highway 82 Corridor and as mapped. Response: The Applicant do not anticipate significant on -site berming and earth moving to screen the building from view. Such activities will likely create more visual impacts of the site when viewed from directly below on Smuggler Road. Moreover, the project appears to have limited visibility from Highway 82. While visibility from Aspen Mountain is not part of this standard, it is the Applicant's belief that the proposed design and lighting standards are the most appropriate way to mitigate any visual impact. 10. Whether the proposed development has been designed so as to avoid, to the maximum extent possible, any Scenic Viewplane identified on the State Highway 82 Corridor Master Plan and Down Valley Comprehensive Plan. Response: The project will have little or no visual impact from Highway 82. 3-60-050 Scenic Quality A. Visual Damage: Development shall avoid alterations to the natural landscape which are visible from other properties and public use areas. Response. The building envelop and disturbance area has been established in such a manner that the project will not alter that portion of the site that is visible from Smuggler Road or in Aspen below. Areas outside the disturbance area will be preserved in their current condition. B. Landscaping and Lighting: Landscaping and/or outdoor lighting proposals shall comply with Pitkin County Landscape Guidelines, (February 1, 1984, Pitkin County Engineering) and with applicable lighting standards in Section 3-110-110. Response: The applicant agrees to comply with applicable County lighting and landscaping guidelines and standards. Smuggler Result 1041 Application Page 10 C. Utilities: Install utilities in a manner which minimizes damage to the natural environment. Response: Utilities will be installed along Smuggler Road to the driveway. Disturbance will be to areas already disturbed by Smuggler Road. This will ensure that there is little or no impact to existing vegetation or scenic hillsides. D. Satellite Dishes: Mitigate the visual impacts of satellite dishes by using earth -tone colors, screening, and siting relative to other land uses. Response: The applicant agrees to comply with this requirement. F. Screening Buildings: Utilize natural topography whenever possible to screen buildings to the maximum extent possible. Response: The applicant agrees to use the natural topography to the extent possible. It is not anticipated that significant berming or earthmoving will occur on the site. G. Topography: Design structures to blend in with the topography. Encourage earth sheltered designs, where possible. Response: A specific building design has not been prepared for the site. While the house will be stepped appropriately to conform to the natural terrain within the buildable area, it is anticipated that the design guidelines provided in this applications will help to blend the structure into the surrounding hillside, to provide a better level of visual impact mitigation than occurs nearby. VI. SECTION 3-709 WATER RESOURCES A. Water Resources Encroachment or Channeling. Encroachment or channeling activities in a natural stream or wetland as defined by the U.S. Army Corps of Engineers are subject to the requirements of Section 404 of the Federal Clean Water Act, and Subsections 3-80-040 and 3-80-080 of this Code. Response: There are no stream channels or wetlands on the property. Smuggler Result 1041 Application Page 11 2. Drainage a. Maintenance of historical flow patterns and runoff amounts to reasonably preserve the natural character of an area and prevent property damage attributed to runoff rate and velocity increases, diversions and/or unplanned ponding or storm runoff, b. The unimpeded flow of natural water courses; C. Adequate drainage for all low points; d. A drainage system designed to account for an entire drainage basin capable of accommodating runoff from a proposed development and, where applicable, the runoff from areas adjacent and upstream; e. Maintenance of drainage systems; and f. Adequate provisions for storage, treatment and removal of pollutants which may result from development. Response: There are no defined water courses or systems designed to channel flow within the property. As noted in the wetland report provided by Rocky Mountain Ecological Services, there may be periodic free water on the site as a result of snowmelt or rain storms. With a site specific geotechnical analysis for the construction of a residential structure, a detailed grading and drainage plan will be prepared that will ensure compliance with the above standards. Runoff Volumes: Runoff volumes and peaks within a development site and in areas affected by runoff from a site shall not exceed the runoff levels attributable to a site as determined by a professional engineer. Response: The applicant agrees to comply with this requirements and will be taken into consideration in the detailed grading and drainage plan. 4. Erosion. Land uses shall: a. Not cause erosion problems and if feasible, retain all soil on site; b. Minimize disturbance of natural vegetation and soil cover; C. Insure that all cuts and fills are adequately designed and vegetated to control erosion as well as stability of the entire mass; Smuggler Result 1041 Application Page 12 d. Include adequate provisions for protection of vegetation from fire; e. Insure that natural drainage patterns are preserved and protected from increased water flows which subject existing channels and adjacent areas to increased erosion; and f. Preserve natural vegetation and soil cover adjacent to rivers, streams, lakes and reservoirs. Response: The applicant agrees to comply with this requirements. Specific design and mitigation measures will be provided in the detailed grading and drainage plan. 5. Groundwater a. Interference with Groundwater: Land uses shall not cause undue interference with any critical recharge area or with any major groundwater aquifer. b. Land Clearing: Prohibit land clearingor operations durin grading Pe g penods of - maximum water runoff. Response: The applicant agrees to comply with this requirements. It is not anticipated that the construction on one single family residence on the parcel will have any affect on ground water recharge in this area. Other homes have been constructed nearby without consequence. 6. Irrigated Areas Land uses shall: 1. Not adversely affect the adequacy of water supplies available for the irrigation of agricultural lands; 2. Not adversely affect the exercise of any existing and decreed irrigation water right; and Insure the preservation of at least ninety-five percent (95%) of the acreage historically available for human food production, or hay, grain and other feed crops for livestock. Smuggler Result 1041 Application Page 13 Response: The parcel has not been use in the past of currently for food production. The project will not affect water supplies available for irrigation. There will be no on -site exterior irrigation, which is prohibited by the well permit. 7. Irrigation Ditches a. Access: Grant access to irrigation ditches to ditch owners and to the public if a ditch is to be or is part of the Pitkin County Trails System. b. Building Locations: Construct buildings uphill of irrigation ditches unless a ditch is culverted. C. Flood Irrigation: Design land uses to avoid flooding problems from flood irrigation. d. Basements and Soil Absorption Sewage Disposal Systems: Place basements and soil absorption sewage disposal systems in locations where they will not be impacted by flood irrigation or seepage from irrigation ditches. Response: There are no irrigation ditches on the property. Nor will the site be irrigated. Sedimentation a. Control During Construction: Provide adequate sedimentation control throughout all phases of construction and development. b. On Site Retention: Retain sediment produced by soil disturbances on site where the disturbance occurs and prohibit run-off into streams and lakes. C. Revegetation: Revegetate clearing and grading as soon as possible Response: The applicant agree to comply with these requirements. The applicant agrees to provide a plan with a building permit application demonstrating how erosion will be controlled during construction and run-off will be addressed. Smuggler Result 1041 Application Page 14 9. Water Quality Land uses shall not interfere with the designated uses of water resources as represented in relevant portions of the Water Quality Management Plan for the Roaring Fork River Basin (Wright - McLaughlin Engineers May, 1974), the 208 Water Management Plan and the State regulations. Response: The project will not adversely affect water quality. A detailed grading, drainage and erosion control plan will be submitted with a building permit application. 10. Water Supply a. Adequate Water Provisions: Land uses shall meet the requirements for adequatepovisions to meet water needs as established by the County Environmental Health Department. Response: The applicant agrees to comply with this requirement. VII. SECTION 3-80-050, GEOLOGIC HAZARD AREAS The review standards for development on potentially unstable lands prohibited development on slopes greater than fifteen 15 percent, unless a specific development proposal is found to result in a site design that creates less impact than if the development was limited exclusively to slopes of less than 15 percent. In the event that a development proposal utilizes slopes in excess of 15 percent, or if a development site is comprised exclusively of slopes which exceed 15 percent, design and development shall be based on a detailed site analysis, including geologic and engineering studies to identify the best development area based on the following considerations. 1. Avalanche Areas. 2. Potentially Unstable Slopes Development is prohibited on slopes greater than fifteen percent (15%) unless a specific development proposal is found to result in a site design that creates less impact than if the development was limited exclusively to slopes of less than fifteen percent (15%). In the event that a development proposal utilizes slopes in excess of fifteen percent (15%) or, if a development site is comprised exclusively of slopes which exceed fifteen percent (15%), design and development shall be based on a detailed site analysis, including geologic and engineering studies to identify the best development area .... Smuggler Result 1041 Application Page 15 Response: The site has been analyzed by Hepworth Pawlak. (A slope analysis is provided in Attachment F. This is only a small portion of the site that contains slopes under 15 percent, which is located on the middle portion of the parcel where the applicant proposes to locate a home. The slope analysis map shows that this "bench" is comprised of slopes generally in the 0 - 20 percent range. There are small non -continuous sections containing slopes in excess of 30 percent on this bench. However, most are man-made and they are minor. Below Smuggler Road, there is an area with slopes ;ranging mostrly from 20 to 30 percent. However, the area between Smuggler Road and this lower portion of the parcel contains significant areas with slopes ranging from 30 to 75 percent. As a result access to this area will be difficult. The slope analysis shows that the logical place to locate the building envelop is in the middle portion of the parcel, or that area within the bend in Smuggler Road. The benefits of the proposed location are: a. The majority of the building envelop will contain slopes less than 20 percent. b. The amount of cut and fill require for a residential structure in the middle portion of the parcel will be less than would be required elsewhere. C. Access to the proposed building envelop will be by an existing driveway. This driveway is relatively flat, which would not be accomplished at other potential sites within the parcel, where cuts and fills across slope of 50 percent or more would be required. In preparing this application, a preliminary geotechnical analysis was preformed for the applicant by Hepworth Pawlak. This report is provided in Attachment M. The applicant agrees to follow the recommendations provided in this preliminary geotechnical analysis, which include a site -specific study to be conducted once the building site is determined. This analysis states that "conditions of a geologic nature that should be considered in project planning and design are rockfall, mine subsidence, construction related slope instability and earthquakes." a. Rockfall in the area is still an active geologic process. The potential for rockfall impact to the project appears to be low, but in the unlikely event of a rockfall, consequences could be severe and cause structural damage to the residence and harm its occupants. If this risk is not acceptable, then the feasibility of mitigation should be considered. Smuggler Result 1041 Application Page 16 b. Mine Subsidence. The Hepworth Pawlak study indicated that the probability of subsurface mining that might affect this project is low. Recommendations are provided in the report related to further evaluation at the time of excavation, which the applicant agrees to follow. C. The hillside in the project area appears to have had a relatively stable recent geologic history. the on -site granular soils (excluding oversized rock) should be suitable for use as embankment fill that is compacted to the project specifications. d. Based on our current understanding of the earthquake potential in this part of Colorado, we see no reason to increase the previously accepted seismic risk zone for the region. VIII. SECTION 3-80-070, WII.,DFIRE HAZARD AREAS 1. Location. The building envelope shall not be located in draws, canyons or on slopes greater than thirty percent (30%). Response: The location of the proposed building envelop is believed to be the best location on the property. It is not located in a draw or a canyon. The majority of the proposed building envelop contains slopes of less than 30 percent. In fact, most of the envelop contains slopes of about 10 percent. The portion of the building envelop that exceeds 30 percent is minor and generally surrounded by slopes of about 10 percent. 2. Defensible Space A detailed wildfire mitigation plan for this parcel was prepared by Rocky Mountain Ecological Services and is provided in Attachment N. The requirements of the mitigation plan will be carried out in conjunction with the construction of a single family dwelling on the property. The mitigation plan complies with the County's standards. In a few instances, the mitigation plan is either more restrictive or accommodates minor modifications which are specific to this parcel. (For example the County standard requires certain actions to occur within 100 feet of the perimeter of a structure, which in this case would be off the applicant's property.) a. Brush, debris and non -ornamental vegetation shall be removed within a minimum ten -foot (10') perimeter around the structure. Smuggler Result 1041 Application Page 17 Response: The proposed mitigation plan is consistent with this requirement. b• Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of a thirty-foot (30') foot perimeter around a structure built on flat ground. Response: The proposed mitigation plan is consistent with this requirement. C. Spacing between clumps of brush and vegetation within the thirty-foot (30') perimeters shall be a minimum of two (2) times the height of the fuel. Maximum diameter of the clumps shall be two (2) times the height of the fuel. All measurements shall be from the edges of the crowns of the fuel. Response: The proposed mitigation plan is consistent with this requirement. d. All branches from trees and brush within the thirty-foot (30') perimeter shall be pruned to a height often feet (10') above the ground with removal of ladder fuels from around trees and brush. Response: The proposed mitigation plan is consistent with this requirement. e. Tree crown separation within the thirty-foot (30') perimeters shall have a minimum of ten feet (10') between the edges of the crowns. This does not apply to mature stands of Aspen trees where the above recommendation for removal of ladder fuels has been complied with. In areas of Aspen regeneration, the spacing guidelines shall be followed. Response: The proposed mitigation plan is consistent with this requirement. f All branches which extend over the roof eaves shall be trimmed and all branches within fifteen feet (15') of the chimneys shall be removed. Response: The proposed mitigation plan is consistent with this requirement. g. The density of fuels within a one -hundred -foot (100') perimeter of the structures shall be reduced where natural reduction has not already occurred. Response: The proposed mitigation plan is consistent with this requirement. h. All deadfall within the one -hundred -foot (100') perimeter shall be removed. Response: The proposed mitigation plan is consistent with this requirement except where the property line might be less than one hundred feet from a Smuggler Result 1041 Application Page 18 structure. i. The applicant shall be responsible for the continued maintenance of the defensible space vegetation requirements. Response: The applicant agrees to comply with this requirement. 3. Structural Design and Construction Requirements a. Roofs shall have a Class A, non-combustible roof system. Wood shake/shingle roof coverings are prohibited in all wildfire hazard areas. Roofs with less than a 3:12 pitch are not permitted in 1041 Wildfire Areas unless they comply with the following: i. All roof coverings shall be non-combustible materials as defined in the Uniform Building Code (UBC) 1997 Section 1504 and installed on a Class A roof assembly. ii. All roof coverings shall have a surface that shall facilitate the natural process of clearing the roof. All roof designs shall facilitate the natural process of clearing roof debris. Protrusions above the roofline, such as parapets, shall be prohibited. iv. Roofs shall be installed as required by UBC 1997 Chapter 15 and shall have a minimum slope of 1:48. V. All roof designs, coverings or equivalent assemblies shall be specifically approved by the Fire Marshall prior to submitting a building permit application. vi. Vents: Vents shall be screened with corrosive resistant wire mesh, with mesh one -fourth -inch (1/4") maximum. Response: The roof will be of a Class A, non-combustible roofing system. The roof pitch will exceed 3:12. The applicant will comply with the other requirements of this sub -section. 4. Structural Design and Construction Options a. Projections at the roof line (which include but are not limited to eaves, cornices, soffits and roofs over open decks) shall be sheathed with materials Smuggler Result 1041 Application Page 19 approved for one -hour fire -resistive construction. Response: The applicant agrees to comply with this requirement. b. For projections below the roofline (including, but not limited to: exterior balconies, decks, porches, and bay windows which extend over a flat or sloped surface), the open space between grade and the underside of projections below the roofline shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for one -hour fire -resistive construction on the exterior side of the wall, and shall extend from the top of grade to the underside of the floor decking or walls of the projection, or Any porch or deck or projection shall be void of vegetation below it, and areas below such projections shall be protected from accumulation of vegetation materials by placement of a vegetation barrier covered with rocks or gravel, or by coverage with concrete or stone. Walls underneath projections shall be constructed with materials approved for 1 hour fire -resistive construction on the exterior side of the wall. Pillars or columns shall be of non-flammable materials, or if wood, made out of heavy log construction. The underside of any porch, deck or projection shall be sheathed in 1 hour fire resistive materials, or with fire -retardant treated wood. Response: The applicant agrees to comply with this requirement. C. Windows and Glass: Glazed openings shall be provided with closable, solid, exterior non-flammable shutters or shall be tempered glass. Response: The applicant agrees to comply with this requirement. d. Exterior Walls and Siding: Siding and exterior wall construction shall have a minimum one hour fire -resistive rating, ground level to roof line. Exterior doors shall be noncombustible or one and three -fourths inch (1 3/4") solid wood. Response: The applicant agrees to comply with this requirement. e. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for one -hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. Response: The applicant agrees to comply with this requirement. Smuggler Result 1041 Application Page 20 f. The underside of decks and structures with stilt foundations shall be fully enclosed and constructed with materials approved for one -hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. Response: The applicant agrees to comply with this condition. 5. Maintenance a. Roofs and gutters shall be kept clear of debris. b. Yards shall be kept clear of all litter, slash and flammable debris. C. All flammable materials shall be stored on a parallel contour a minimum of fifteen feet (15') away from any structure. d. Weeds and grasses within the ten -foot (10') perimeter shall be maintained to a height not more than six inches (6"). Response: The applicant agrees to comply with these requirements. 6. Miscellaneous a. Firewood/wood piles shall be stacked on a parallel contour a minimum of fifteen feet (15') away from the structure. b. Swimming pools shall be accessible by the Fire Departments. C. Fences shall be kept clear of brush and debris. d. Wood fences shall not connect to the structure. e. Any outbuildings or additional structures shall adhere to the same standards as structures. _ f. Fuel tanks shall be installed underground with an approved container. g. Propane tanks shall be installed according to NFPA 48 standards and on a contour away from the structure with standard defensible space vegetation mitigation around any above -ground tank. Any wood enclosure around the tank shall be constructed with materials approved for two (2) hour fire - resistive construction on the exterior side of the walls. h. Each structure shall have a minimum of one ten (10) pound ABC fire extinguisher. i. Addresses shall be clearly marked with two inch (2") non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible post. Response: The applicant agrees to comply with these requirements. 7. Access Smuggler Result 1041 Application Page 21 a. Access roads shall be built to County standards; however, these standards may be increased to mitigate wildfire hazards based on comments provided by the Colorado State Forest Service, the Sheriffs Department or local fire protection districts. Where feasible, looped routes of access/egress to the main artery/highway shall be incorporated in the project design. Looped routes of access/egress is defined as two (2) or more dedicated access roads to the main artery/highway for widely separated ingress/egress; looped drives with one entrance point or divided single entrances do not satisfy this condition. Where this is not feasible, the Board may approve vehicular turnaround areas a maximum of seven hundred fifty feet (750') apart installed between the road intersection and its terminus. Turnaround areas shall be the same standard as cul-de-sac turnaround pads; these may be incorporated into the proposed driveway entries. Response: Access roads (Smuggler Mountain Road) already exists. The applicant will grade that portion of Smuggler Road between the Stanger home and this parcel so the condition of the road below the point of access to this parcel is consistent throughout. b. Dead-end streets (not cul-de-sacs) shall not be permitted. Response: No new streets are proposed. C. Cul-de-sac turnaround pads shall have a minimum of a thirty-foot (30') driveable surface inside turning radius. Response: No such improvements are proposed. d. The driveways and access roadway shall enter the roadway at a ninety degree (90°) angle for the first twenty-five feet (25') of the driveway. Response: The applicant will comply with this requirement. e. Fuel breaks shall be incorporated into the roadways of the subdivision for one hundred feet (100') on each side of the roadway. (For greater slopes, reference CSFS Fuelbreak Guidelines for Forested Subdivisions). Response: The application does not constitute a subdivision. However, the detailed wildfire mitigation plan included with this application does address the proximity of vegetation to the driveway. No shrubs or conifers will be within 10' of the driveway. Aspen will be permitted within 10' of the driveway, but must be pruned to 10' above the ground. Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6" within 10' Smuggler Result 1041 Application Page 22 of either side of the driveway. f. Access roads shall be built at a minimum to County standards; however, these standards may be increased to mitigate wildfire hazards based upon comments provided by the Colorado State Forest Service, the Pitkin County Sheriffs department and the local fire protection districts. Response: With respect to Smuggler Road and the driveway access to the parcel, the applicant will comply as noted above. 8. Water Supply a. When access to a public or private pressurized water system is not available or if it is necessary to augment fire protection water systems, private ponds may be used if approved by Pitkin County and the local fire protection district. Response: A private pond is not proposed with this project. b. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicle from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district with a minimum of one thousand (1,000) gallon storage capacity per structure. Response: The applicant will comply with the requirenuxits of the Aspen Fire Protection District. Unless otherwise stipulated by the Aspen Fire Protection District, the applicant proposes on -site storage as noted in Attachment G. C. Residential structures located within areas identified as containing "C — Severe Hazard: Trees" or "X — Severe Hazard: Brush" wildfire hazard shall be required to install in-house sprinkler systems which meet the standards of the local fire protection district and the Uniform Building Code. Response: The applicant agrees that the residential structure built on this parcel will contain an interior sprinkler system that complies with all applicable standards. 9. Utilities. All utility lines shall be buried. Response: The applicant agrees that all utility line extensions will be buried in a trench along Smuggler Road to the point where this parcel crosses the roadway. Smuggler Result 1041 Application Page 23 Utilities will be buried from that point to the building envelop and structures. The locations of proposed utilities to serve this property are shown in Attachment G. IX. SECTION 3-80-0809 WILDLIFE HABITAT AREAS 1. Deer, Elk and Bighorn Sheep Winter Concentration Area/Severe Winter Range/Critical Habitat: Development is prohibited within deer, elk and bighorn sheep winter concentration areas and severe winter range areas. In the event that there is no hazard -free area, consideration might be given if 1. Avoid overgrazing of ranges by livestock. 2. Restrict development to areas that minimize wildlife impacts. 3. Preserve access to the Division of Wildlife for managing wildlife. 4. Prohibit commercial activity (such as seismic activity, construction and timber harvesting) and recreational uses from December 1, through March 31. 5. Prohibit dogs within or adjacent to elk, mule deer, and bighorn sheep severe winter ranges and winter concentration areas, except for dogs working as part of an agricultural operation. Response: A wildlife impact assessment was conducted for this application by Rocky Mountain Ecological Services. All WRIS maps were considered in the preparation of the impact assessment report. RMES concluded that one single family residence on this property will have only minor impacts on wildlife. The residence will be located near Smuggler Road, which already creates an impact. (There are several other homes immediately below along Smuggler Road that are similar in size and impact to the on that will be constructed on this parce.) RMES notes that the easterly portion of this parcel is more significant for wildlife. The applicant agrees that this portion of the property will be deed restricted to ensure that construction and other disturbances to wildlife will not occur there. The applicant agrees to permit access by the CDOW to the easterly portion of the property as needed for wildlife management purposes. There are no commercial activities proposed as part of this application. 2. Deer, Elk and Bighorn Sheep Winter Range: a. Prohibit high impact recreational uses. b. Kennel dogs within or adjacent to winter range, except for working dogs when at work. Response: The use of the property will be one single family residence to be located within a designated building envelop. High impact recreational uses Smuggler Result 1041 Application Page 24 are not proposed with the project. With the wildlife impact assessment prepared by Rocky Mountain Ecological Services there are a number of mitigation recommendations. The applicant agrees to comply with each of the recommendations. To that end, dogs will not be allowed to freely roam beyond a fenced year which, if provided, will occur within the building envelop. 3. Deer and Elk Migration Patterns/Corridors and Highway Crossings. a. Prohibit development blocking a corridor and preventing migration between summer and winter ranges. b. Kennel dogs within one -quarter (1/4) mile of mule deer and elk migration corridors and patterns, except for working dogs when at work. Response: The project will not block the migration of elk or deer. Dogs will not be permitted to run freely outdoors unless within a fenced area within the building envelop. 4. Deer and Elk Production Areas a. Prohibit development in production areas and prohibit other activities during the calving season which would disrupt reproduction. b. Prohibit dogs within one -quarter (1/4) mile of deer or elk production areas. Kennel dogs within one-half (1/2) nine of deer or elk production areas. C. Preserve access for the Colorado Division of Wildlife for trapping, tagging or studying wildlife. d. Prohibit manipulation of vegetation except as approved by the Division of Wildlife. Response: The project will should not adversely affect a wildlife production area. Dogs will not be permitted to run freely outdoors unless within a fenced area within the building envelop. The applicant agrees to permit access by the CDOW to the easterly portion of the property as needed for wildlife management purposes. There will be no vegetation manipulation outside of the middle portion of the parcel, or that area which includes the building envelop. There, vegetation manipulation will be in accordance with the wildfire mitigation plan. 5. Riparian, Shoreland and Wetland Areas: Development shall be prohibited within Smuggler Result 1041 Application Page 25 riparian, shoreland and wetland areas. Response: There are no riparian, shoreland or wetland areas within the parcel. This is documented in the 1041 Stream Margin/Wetlands Assessment provided by Rocky Mountain Ecological Services, which is provided in Attachment P. X. SECTION 3-110, IMPROVEMENTS AND SERVICES Applicability: The standards in this section are applicable to all major utility extensions within areas not presently served by major utility lines. Response: The project will be served by on -site well and septic systems. It will not be nssar'-to extend .seser vices lathe property. Other utilities, including ra✓ices, are available i ntmedialely Below the Result P or extensions will be regttimd to service this residence. 2. Water Distribution and Supply System a. Water distribution systems shall comply with the applicable procedures and specifications of the State and Local Health Departments and the fire district serving the area. b. New water supply systems shall demonstrate: i. That there is no existing public or private district or system which wilt provide the service. 11. Ownership or the right of acquisition or of use of existing or proposed water rights sufficient in quantity, quality and dependability to serve the proposed use; or an adequate legal commitment made by public or private water owners to supply the proposed use with water of adequate quantity, quality, dependability and pressure. iii. Legal capability to accomplish any changes in the uses or points of diversion of such rights with quantities and dependability necessary to serve the proposed use without material injury to vested water rights. iv. Adequate physical facilities or necessary financial and technical resources and legal commitment to construct such facilities for raw Smuggler Result 1041 Application Page 26 water, storage water treatment, treated storage, distribution and water pressure maintenance adequate to serve the proposed use. V. Commitments of financial resources necessary to extend such service to the proposed use and to adequately maintain and operate the system. Response: The property is beyond the existing public water supply and distribution system. Other homes immediately below the proposed residence are served by on -site private wells. The proposed residence will be served by an on -site well, which is located more than 140 feet from the proposed on -site wastewater disposal system. An exempt well permit was previously applied for and received for this parcel, which allows for up to 15 gallons per minute, an amount sufficient for a single family dwelling. As a result, a well was drilled on the property. Because there has been no development activity on the property, the well permit was allowed to expire. The applicant has reapplied for a well permit, a copy of which is provided with this application. Since a well permit was previously issued for this property, there is no reason that the permit will not be reissued. This project does not have any unusual water demands that would cause this well to be insufficient for the development on one single family home. Because of site geology, and based on the fact that there are other suitable wells immediately below this parcel, there is high probability of obtaining sufficient and suitable quality water. 3. Sewage Treatment and Collection Private Sewage Systems: In the event a site is located outside the boundaries of a public sewage disposal system service area or service is not available, a private system may be utilized. 2. Design Standards: Public and private sewage disposal systems and connections to such systems shall comply with the sewage disposal guidelines of Piddn County Code Title X. Response: The public sanitary sewer system is not available to this property. The property will be service by an individual sewage disposal system that will comply with all applicable County regulations. The soil conditions, as noted in the geotechnical report, are suitable for an on -site disposal system. The Smuggler Result 1041 Application Page 27 location of the septic system is generally described in Attachment G. Sopris Engineering has reviewed this site and has determined that, if properly engineered, an on -site wastewater disposal system will work in the identified location. A copy of Sopris Engineering's letter is provided in Attachment I. Prior to obtaining a building permit, the applicant will cause there to be an on -site percolation test in the area designated for the disposal system to determine the final system design. 4. Public Utilities a. Utility Company Service Commitments: Prior to final plat approval by the Board of County Commissioners a developer must provide written commitments from a public or private utility company to provide power, telephone, fire protection facilities and gas, if available as may be needed to serve a development. b. Each of the utilities serving a development demonstrating necessary arrangements have been made for installation of utilities. Response: Before making application for a building permit the applicant will comply with the requirements in subsection a and b above. C. Undergrounding: Underground all utility lines, services and street lighting except for those exempted in this section. Response: Before making application for a building permit the applicant will notify and provide plans to each service provider and gain necessary written commitments to serve. The applicant is responsible for the installation of all services and agrees that all utility line extensions to the residential structure will be place underground. d. The road standards in this section are applicable to all roads and driveways. All new road and driveway construction must receive a development permit from the County Engineer and Planning Director in compliance with Section C below. Response: With this application the applicant request that the Board of County Commissioners amend the Asset Management Plan to extend the maintenance of Smuggler Road to the point of access to the property. This request is allowed under Section 3.06 of that Plan. The request is for the same level of road grading and maintenance that is extended to the two Smuggler Result 1041 Application Page 28 single family homes immediately below the Result parcel. The Smuggler Mountain Road Settlement Agreement contains a provision related to the maintenance of this road. e. Roads and driveways shall be designed and constructed in compliance with the Pitkin County Road Standards and Specifications and Pitkin County Road Management Plan. Response: The applicant agrees to compy with this requirement. Specific plans demonstrating compliance will be submitted prior to or with an application for building permit. f. The Board shall review all access points to sub -divisions and approve access. All subdivision access points and road designs must comply with the standards in Section 3-110.70(C). Response: This application does not request the subdivision of the property. 5. Parldng Design Standards: All off-street parking spaces shall conform to the following standards: a. Each space shall be eight and one-half (8-1/2) feet wide, eighteen (18) feet long, and if covered seven (7) feet high; b. Each space shall have vehicular access to a street or alley, and be located on the same lot as the principal use, unless otherwise provided on a approved development plan. C. Single Family and Duplex Residence: For each residence, there shall be provided at least two (2) off-street parking spaces. d. Caretaker Dwelling; One (1) parking space is required for a caretaker dwelling unit. e. Special Review Uses and Dwellings with More than Five (5) Bedrooms: Parking standard to be determined by Special Review. Response: The applicant agrees to comply with all applicable parking requirements. Smuggler Result 1041 Application Page 29 6. Trails Consistency with County Plans: All trail rights -of -way shall consider adopted County plans. Response: No trails are proposed or will be affected by this proposal. The construction of the residence will be done in such a manner so as not to hinder the use of Smuggler Mountain Road as a public trail. 7. Lighting Response: The applicant agrees to comply with all County standards and requirements related to building and site lighting. It is a the applicant's intent to minimize all exterior lighting, which will be only for safety and security purposes. 8. Signs Response: The applicant agrees to comply with all County requirments. With the exception of an address sign, there will be no permanent signs associated with the residence. XI. - SECTION 3-210, SPECIAL REVIEW This application proposes to use a transfer of development right to establish the development right on this parcel. The transfer of a single-family dwelling development right from the Rural/Remote zone district to a separate parcel in Pitkin County is exempt from growth management, provided that the transfer is among other things consistent with the special review standards, which are: A. The special review use shall consider the applicable County Master Plan. Response: The East of Aspen/Independence Pass Master Plan notes: There may be limited residential development along Smuggler Road. The proposed home will be located along Smuggler Road, near the base of the mountain, in close proximity to other single family homes. Smuggler Result 1041 Application Page 30 2. The plan also notes that the AFR-10 zone district allows one dwelling unit per 10 acres of land. While this parcel is less than 10 acres, it is a legal non- conforming lot. 3. In January 2000, the growth management regulations were amended to limit the size of new homes to 5,750 square feet, which may be exceeded subject to purchase of a TDR as a growth management exemption or through GMQS competition. This application is consistent with this provision and requirement of the County. 4. It is a policy of the Plan to maintain the visual quality of the area, specifically from Highway 82. As noted in this application, this home site will have very little impact, if any, on this scenic qualities of the area as viewed from Highway 82. 5. It is a policy of the plan that new development is encouraged to implement water conservation measures. The home design will employ all appropriate and reasonable water conservation fixtures and measures. Specific methods will be defined in plans submitted for a building permit. 6. The plan notes that Smuggler Road is classified as a primitive and scenic access road, which is gravel and has low traffic volumes. The proposed residence will not adversely affect Smuggler Road, which will be in the same condition that it is now to the Stanger property. The number of vehicle trips generated by one home, when occupied, will be minimal and should not affect the character of the road. add only about 10 trips per day to the roadway. B. The special review use shall be consistent with the intent of the Zone District in which it is proposed to be located. Response: The property is zoned AFR-10, which allows homes up to 15, 000 square feet. The proposed dwelling will be up to 5,750 square feet. C. 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: There are two single family dwellings nearby. D. 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 Smuggler Result 1041 Application Page 31 impacts on natural resources, noise, vibrations and odor on surrounding properties. Response: There are two single family dwellings nearby. It is anticipated that the use of this property will be similar to the use of other nearby homes. This structure will be smaller than either of the two nearby homes. It is sited in such a manner so that it is not readily apparent to the surrounding properties. Furthermore, this application includes architectural and lighting design guidelines that will help to minimize its impact on the surrounding area. Given that the project includes only one single family dwelling, it will have only little impact on the use of Smuggler Road and a public trail to access the public lands above. Services are readily available to the site. This application has fully addressed impacts on natural resources. E. 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: This application addresses the maintenance to Smuggler Road. Other services, including electric and telephone, are available nearby. This application addresses the adequacy of the site of on -site sewage disposal. A well exists on the property. The property will have comparable access to fire protection, emergency medical services, hospital and medical services and schools as do those homes that are located immediately below it. XH. SECTIONS 3-310 AND 9-110-042, TDRs The code allows the development rights to be transferred from the Rural/Remote Zone District to other appropriate locations to bring about the protection of lands within the Rural/Remote Zone District and to provide the owners of property within that district with a program of equitable mitigation which assures property owners of an economically beneficial use of their property. The program of equitable mitigation is achieved by making development rights appurtenant to lands within the Rural/Remote Zone District transferable to other lands within Pitkin County where development is more appropriate in accordance with all applicable Pitkin County land use regulations, codes and plans. A. Receiver Site Must Obtain Special Review Approval Response: This application requests special use approval for the purposes of establishing a TDR receiver site on the Result property for the purpose of creating a development right on this parcel. Smuggler Result 1041 Application Page 32 B. Receiver Site Has Potential to Receive TDRs. Response: The Result parcel is eligible to be a receiver site for the purposes of establishing a development right on the property. The applicant agrees to comply with the County's procedures, standards and criteria for creating a TDR receiver site and severing the development from an eligible preservation site, including the process for establishing a closing date to culminate the TDR exchange. The applicant anticipates that with a building permit application, the applicant will submit an executed irrevocable certificate of TDR and a recorded deed demonstrating the transfer of the certificate to the applicant. C. Receiver Site Located Anywhere in Pitkin County Response: The proposed receiver site is located in Pitkin County. D. Uses Proposed on Receiver Site Must Be Consistent With Underlying Zone District: Response: The AFR-10 zone district allows a dwelling unit of up to 15,000 square feet. The proposed residence will be up to 5,750 square feet. As noted in this application, the proposed structure(s) will comply with all other applicable standards and dimensional limits of the AFR-10 zone district. E. Aggregation of TDRs Permitted on Single Receiver Site. Response: This application request a single TDR. Smuggler Result 1041 Application Page 33 XIII. ARTICLE 2, LAND USE POLICIES A. COMMUNITY BALANCE Response: This application demonstrates that the proposed residence can be sited and designed in a manner that will not degrade the qualities of the natural environment and resources. The additional design guidelines and size of the home will help to minimize its impacts on its surroundings, more so than nearby homes. B. COMPREHENSIVE PLAN Response: This application previously addressed the matter of consistency with the Comprehensive Plan. The comprehensive plan suggests that some portion of Smuggler Mountain might be rezoned. This has not occurred at this time and the specific boundaries of a rezone are, therefore, not known. The proposed project is consistent with the character of the nearby residential uses. C. PHASING OF PUBLIC SERVICES AND FACILITIES Response: Smuggler Road provides access to the property. The road is maintained by the County to a location just below the proposed development site. The applicant has requested in this application that the County extend the maintenance of Smuggler Road possible another 750 feet to provide maintained access to this property. The Smuggler Road Settlement Agreement contemplates that maintenance can be provided. D. DEVELOPMENT OR EXPANSION OF SKI AREAS Response: Not applicable E. COMPATIBILITY WITH EXISTING ADJACENT NEIGHBORHOODS Response: This application describes how this project is consistent with the surrounding neighborhood. F. NATURAL AND MAN-MADE HAZARD AND RESOURCE AREAS Response: The 1041 hazard issues are addressed in this application. This assessment, together with all other standards and criteria applicable to this application, such as scenic quality issues, supports the proposed location of the homesite within the Result parcel. G. SOIL, SURFICIAL GEOLOGIC CHARACTERISTICS AND RADIATION Response: A preliminary geotechnical analysis of the site was prepared by Hepworth Smuggler Result 1041 Application Page 34 Pawlak. That study did not find any unique conditions that would prohibit development on the site. Conditions on this site are typical to other existing development sites that exist nearby. H. DRAINAGE Response: The project does not affect or interrupt any naturally occurring drainage channels. Because of its location and topographic setting, it is not anticipated that the project will increase the potential for damage by flooding. A detailed grading and drainage plan will be submitted for County review and approval with a building permit application, prior to any development activity on the site. I. EROSION Response: A detailed grading, drainage, and erosion control plan will be submitted for County review and approval with a building permit application, prior to any development activity on the site. J. SCENIC QUALITY Response: The effects of the proposed home have been evaluated for its effect on the scenic quality overlay standards of the County. It is visible from Highway 82 in only limited locations. To the extent that the home may be viewed from other locations, such as Aspen Mountain, this application includes additional design guidelines that should help to mitigate impacts from those vantage points. K. AIR QUALITY Response: It is not anticipated that one single family residence or the traffic it generates will adversely affect air quality. It has not been demonstrated that either of the nearby homes have resulted in air quality issues. The applicant agrees that the residence will comply with all County regulations related to fire places and solid fuel burning devises. L. WATER RESOURCES IMPACTS Response: This project will not adversely affect the quantity, quality, or accessibility of the water resources in the area. It will have a well that will serve only the interior domestic consumption requirements of one single family dwelling. There are two nearby single-family dwells which have not had any know affect on local water resources. There are no surface ditches, streams, or wetlands on the property. M. NOISE Smuggler Result 1041 Application Page 35 Response: It is not anticipated that the single family dwelling will generate significant noise. To the extent that noise will be generated, it will occur primarily during construction. This will be for only a short period. Following construction, noise levels should be no different from that generated from nearby residential dwellings. N. WILDLIFE MANAGEMENT Response: The impacts to wildlife were considered by a County certified wildlife biologist (Rocky Mountain Ecological Services). RMES concluded that the proposed residence should not affect wildlife in an unacceptable manner. O. ADEQUATE PROVISION FOR WATER NEEDS Response: There is a well existing on the property. An exempt well permit was previously issues for the well. The applicant has made application to the State to reissue the permit. It is anticipated that the permit will be reissued by mid October 2004. The permit allows up to 15 gallons per minute, which is sufficient for a single family home. The applicant agrees that the well will comply with all other applicable County requirements. P. SEWAGE TREATMENT Response: Sopris Engineering has evaluated the site and determined that, if property engineered, an on -site wastewater disposal system will work at this location. Other nearby homes are also served by such systems. Q. IMPACTS ON ROAD SYSTEM Response: The proposed project includes only one single family dwelling. The increase in traffic, according to the County's guidelines, will be minimal. While the applicant is requesting that the lower portion of Smuggler Road be reclassified from a limited service area road to a low service area road,, this request does not constitute a change of classification for the roadway. It simply extends the low service area road classification on Smuggler Road by possibly 700 to 1,000 feet to the point of access to this property. R. LOGICAL EXTENSION OF UTILITIES Response: All of the necessary utilities are immediately adjacent to the Result property. Extension will be minor and placed underground, in accordance with County policies. S. TRANSPORTATION Response: The proposed project is not immediately accessible from public transit. Smuggler Result 1041 Application Page 36 However, Smuggler Road is heavily uses as a public trail. The project location is near the base of Smuggler Mountain and will, therefore, be accessible from that trail. T. ENERGY CONSERVATION Response: A specific plan has not been developed for the proposed residence. Specific architectural plans will comply with all applicable building codes related to energy conservation. The proposed residence will have outstanding solar access due to its orientation. U. COMPATIBILITY WITH AND ACCESS TO PUBLIC LANDS Response: This project will not affect that the availability or quality of public lands. While the Result parcel is adjacent to the USFS lands, the proposed home is sited in such a manner that it will affect the scenic character or environmental significance of those lands. The project will not affect access to public lands. XIV. SECTION 3-06, COUNTY ASSET MANAGEMENT PLAN The applicant is requesting that the County modify the Asset Management Plan to extend the current levels of grading and road maintenance that now exist to other single family dwellings on Smuggler Road to the point of access to the property. It appears that maintenance now reaches the low portions of the Result parcel to provide for accessibility to the Stanger home(now the Erck home). The Smuggler Mountain Road Settlement Agreement establishes a provision defining when and how maintenance is extended to the Result property. The proposed project, based on the County's guidelines, will result in a minimal increase in the use of the lower portion of Smuggler Road, and will certainly not result in an "over -intensive" use of the road, which is a criterion for considering a modification. The applicant's request requesting to modify the Asset Management Plan does not result in the reclassification of Smuggler Road. The request is to extend the low service area road classification on Smuggler Road by possibly 700 to 1,000 feet to the point of access to this property. Beyond this point the classification of Smuggler Road would remain a limited service area road. Terminating maintenance consistent with a low service area road at the point of access to the Result property might be consistent with the overall intent of the plan. Below this point, the road grade is about 10 to 12 percent. Maintenance to this point will provide appropriate access to existing single family homes, including the one proposed in this application. Finally, above the point of access to the Result property, the grade of Smuggler Road increases significantly. Smuggler Result 1041 Application Page 37 The applicant will provide a traffic and parking management plan along with an application for a building permit. Smuggler Result 1041 Application Page 38 RMENT A tF. 10. 2UU4 J':2*J)'F'M FKEILICH MYLLK LLITNEK CAELI .LE NO. IO2 P. 2 September 1, 2004 Suzanne Wolff Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 RE: Result Mining Claim 1041 Hazard Review Application Dear- Ms. Wolff: I hereby authorize Doug Dotson of Otak, Inc., and David Myler of Freilich, Myler, Leitner, Carlisle to act as my designated representatives with respect to the land use applicant being submitted to the Pitkin County Planning Office for the Result Mining Claim, No. 6044. Mr. Dotson and Mr. Myler are authorized to submit an application for the 1041 Hazard Review and conceptual submission, scenic overlay review, special review and QMQS exemption, and modification of the county road maintenance classification for Smuggler Road. They are also authorized to represent me in meetings with Pitkin County staff and the Board of County Commissioners. Should you have any need to contact me during this review process, I can be reached at the address provided in the application. Sincerely, Tulasi Wilkinson Sep-01-04 04:30pm From —REAL ESTATE COMPANIES 3037707383 T-580 P 03/03 F-084 September 1, 2004 Smuggler Ridge Associates 5460 S. Quebec #300 Englewood, Co 50111 303-721-1516 Susanne Wolff Pitkin county Planning Department 130 S. Galena Street Aspen, Colorado 81611 RE: Result Mining Claim 1041 Hazard Review Application Dear Ms. Wolff. I hereby authorize Doug Dotson of Otak, Inc., and David Myler of Freilich, Myler, Leitner, Carlisle to act as my designated representatives with respect to the land use applicant being submitted to the Pitkin County Planning Office for the Result Mining Claim, NO.6044. Mr. Dotson and Mr. Myler are authorized to submit an application for the 1041 Hazard Review and conceptual submission, scenic overlay review, special review and QMQS exemption, and modification of the county road maintenance classification for Smuggler Road_ They are also authorized to represent me in the meetings with Pitkin county staff and the Board of County Commissioners. Should you have any need to contact me during this review process, I can be reached at the address provided herein. Sincerely, Robert Quinette Smuggler Ridge Associates, LLC ,ACHMENT B ATTACHMENT B. LEGAL DESCRIPTION Result, U.S.M.S. No. 6044, As described in patent recorded in Book 175 at Page 225 in the records of the Pitkin County Clerk and Recorder. ATTACHMENT C CERTIFICATE OF OWNERSHIP Pitkin County Title, hie., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that TULASI WII.,K13,4SON are the owner's in fee simple of the following described property: RESULT, U.S.M.S. NO. 6044, as described in Patent recorded in Book 175 at Page 187. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: NONE ASSIGNED SUBJECT TO: ENCUMBRANCES, EASEMENTS AND RIGHTS OF WAY OF RECORD This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. authorized signature CERTIFIED TO: September 7, 2004 at 8:00 A.M. Job No. 2101 09,122/2004 WED 23:59 FAX 19709631622 OTAR COLOR00 C0 004/014 1 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: February 17, 2003 at 8,00 AM Case No. PCT17861F2 2. Policy or Policies to be issued: (a) ALTA Owner's Policy -Form 1992 Amount$ 0.00 Premium$ 0.00 Proposed Insured: Rate: (b) ALTA Loan Policy -Form 1992 Amount$ 600,000.00 Premium$ 772.00 Proposed Insured: Rate: Re -Issue Tax Certificate: $30.00 3. Title to the FEE SIMPLE estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: TULASI WILKINSON AS TO PARCEL 1 AND III JAYA WILKINSON AS TO PARCEL II 4. The land referred to in this Commitment is situated in the County of PITKIN State of COLORADO and is described as follows: See Attached Exhibit "A" PITKIIV COUNTY TIIl-H, INC. 601 E. HOPKIN5 ASPEN, CO. 81611 970-925-1766 Phone 970-925-6527 FAX 977-217-3158 Toll Frcc AUTHORIZED AGENT Schedule A-PG,1 This Commitment is invalid unless the Insuring Provisions and Schedules A and B are attached. 09/22/2004 WED 25:59 FAX 19709631622 OTAK COLORADO 1& 005/014 EXHIBIT "A" LEGAL DESCRIPTION PARCEL[ RESULT, U.S.M,S, NO. 6044, as described in Patent recorded in Book 175 at Page 187. PARCEI II CONTRABAND, U.S.M.S_ NO. 4471, as described in Patent recorded in Book 175 at Page 187. PARCEL III DELLA S., U.S.M.S. NO. 3939, as described in Patent recorded in Book 175 at Page 168, EXCEPTING that portion described in Deed recorded in Book 177 at Page 378. 09/22/2004 WED 23:59 FAX 19709631622 OTAK COLORADO 2 006/ 014 SCHEDULE B - SECTION 1 REQUIREMENTS The following are the requirements to be complied with: ITEM (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured, ITEM (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record to -wit: 1, Release by the Public Trustee of the, Deed of Trust from : TULASI WILKINSON and JAYA WILKINSON to the Public Trustee of the County of PITKIN for the use of : ROBERT STANGER original amount : $40,000.00 dated : August 4, 1999 recorded : August 9, 1999 reception no. : 434229 Modification Agreement changing various terms of the Deed of Trust above was recorded September 27, 2000 as Reception No. 447407. 2_ Release by the Public Trustee of the, Deed of Trustfrom : TULASI WILKINSON and JAYA WILKINSON to the Public Trustee of the County of PITKIN for the use of : MACHOL & MACHOL P.C. INCENTIVE PLAN TRUST AND RAVIN HOLDINGS, CORP. original amount : S150,000.00 dated : May 2, 2000 recorded : May 2, 2000 reception no. : 442954 Release by the Public Trustee of the, Deed of Trust from : TULASI WILKINSON and JAYA WILKINSON to the Public Trustee of the County of PITKIN for the use of : ROBERT STANGER original amount : $50,000.00 dated : March 1, 2000 recorded : September 27, 2000 reception no. : 447408 4. Release of Mechanics Lien, as evidenced by NOTICE OF ATTORNEY'S LIEN, filed by NEILEY & ALDER, in the amount of S18,033.72, recorded June 1, 2000 as Reception No. 443825. (Continued) 09/22/2004 WED 23:59 FAX 19709631622 OTAK COLORADO Z 007i014 SCHEDULE B - SECTION 1 REQUIREMENTS - Continued 5. Release by the Public Trustee of the, Deed of Trust from : TULASI WILKINSON and JAYA WILKINSON to the Public Trustee of the County of PITKIN for the use of MACHOL & MACHOL, P C. INCENTIVE PLAN TRUST original amount : $150.000.00 dated : February 2, 2001 recorded : February 2, 2001 reception no. 451188 6. Release by the Public Trustee of the, Deed of Trust from : TULASI WILKINSON and JAYA WILKINSON to the Public Trustee of the County of PITKIN for the use of : NORTH STAR DEVELOPERS, LLC AND JAMES R. TRUE original amount S42,500.00 dated : May 31, 2001 recorded : July 2, 2001 reception no. : 456088 7. Release by the Public Trustee of the, Deed of Trust from : TULASI WILKINSON and JAYA WILKINSON to the Public Trustee of the County of PITKIN for the use of J. NICHOLAS MCGRATH original amount : S70,000.00 dated : August 21, 2002 recorded August 22, 2002 reception no. 471360 S. Deed of Trust from: TULASI WILKINSON and JAYA WILKINSON to the Public Trustee of the County of PITKIN for the use of THE LENDER TO BE INSURED HEREUNDER to secure : $600,000.00 09/22/2004 WED 23:59 FAX 19709681622 OTAR COLORADO Z 008i014 SCHEDULE B SECTION 2 EXCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. Taxes due and payable; and any tax, special assessment, charge or lien imposed for water or sewer service or for any other special taxing district. 7. Reservations and exceptions as contained in the United States Patents recorded in Book 175 at Page 187 and Book 175 at Page 225._ 6. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 3, 1984 in Book 460 at Page 353 as Resolution No. 84-9. 9. Terms, conditions, provisions and obligations as set forth in Release of Easement recorded February 22, 1984 in Book 461 at Page 395. 10. Easement and right of way as set forth in Grant of Easement recorded June 28, 1984 in Book 468 at Page 679 and 698. 11. Any and all rights to the subsurface (lying below 500 feet) owned by Edwin J. Smart, Harley Baldwin and Stateman's Mining Company, their successors and/or assigns and as reserved in Deeds recorded in Book 698 at Pages 643 and 646, 12. Right of way and maintenance of Smuggler Road as set forth in, but not limited to the following instruments, Book 565 at Page 414, Book 573 at Page 482, Book 599 at Page 589 and Book 751 at Page 861. 13. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Pride of Aspen/Smuggles Mountain Properties recorded August 5, 1988 in Book 570 at Page 351, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 14. Mineral rights and all matters as contained in Deed recorded December 23, 1992 in Book 698 at Page 657. 15. Terms, conditions, provisions, obligations, easements, restrictions and all matters as set forth in Stipulation and Agreement recorded April 11, 1994 in Book 747 at Page 268._ (Continued) 09/22/2004 RED 23:59 FAX 19709631622 OTAR COLOR.ADO 009-014 SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 16. Terms, conditions, provisions and obligations as set forth in Findings of Fact, Conclusions of Law and Final Orders recorded May 18, 1998 as Reception No. 416983. 17. Terms, conditions, provisions and obligations as set forth in Option Agreement recorded July 8, 1998 as Reception No. 419191, (THE ABOVE EXCEPTIONS AFFECT Parcel 1) 18. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Pride of Aspen/Smuggler Mountain Properties recorded August 5, 1988 in Book 570 at Page 351, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 19. Mineral rights and all matters as contained in Deed recorded December 23, 1992 in Book 698 at Page 657,_ 20. Terms, conditions, provisions, obligations, easements, restrictions and all matters as set forth in Stipulation and Agreement recorded April 11, 1994 in Book 747 at Page 268._ (THE ABOVE EXCEPTIONS AFFECT Parcel II) 21. (THE A60VE EXCEPTION AFFECT PARCEL I & 11) 22. Reservations and exceptions as contained in the United States Patents recorded in Book 175 at Page 168._ 23. Terms, conditions, provisions, obligations and all matters as set forth in Resolution of the Board of County Commissioners recorded February 3, 1984 in Book 460 at Page 353 as Resolution No. 84-9. 24. Terms, conditions, provisions and obligations as set forth in Release of Easement recorded February 22, 1984 in Book 461 at Page 395. 25. Easement and right of way as set forth in Grant of Easement recorded June 28, 1984 in Book 468 at Page 679 and 698, 26. Any and all rights to the subsurface (lying below 500 feet) owned by Edwin J. Smart, Harley Baldwin and Stateman's Mining Company, their successors and/or assigns and as reserved in Deeds recorded in Book 698 at Pages 643 and 646. (Continued) 09/22/2004 WED 23:59 FAX 19709631622 OTAR COLOR 0 0 010/014 SCHEDULE B SECTION 2 EXCEPTIONS - (Continued) 27. Right of way and maintenance of Smuggler Road as set forth in, but not limited to the following instruments, Book 565 at Page 414, Book 573 at Page 482, Book 599 at Page 589 and Book 751 at Page 861._ 28. Those terms, conditions, provisions, obligations, easements, restrictions, assessments and all matters as set forth in Protective Covenants for Pride of Aspen/Smuggler Mountain Properties recorded August 5, 1988 in Book 670 at Page 351 and re -recorded November 14, 2000 as Reception No. 448798, deleting therefrom any restrictions indicating any preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin. 29. Mineral rights and all matters as contained in Deed recorded December 23, 1992 in Book 698 at Page 657._ 30. Terms, conditions, provisions, obligations, easements, restrictions and all matters as set forth in Stipulation and Agreement recorded April 11, 1994 in Book 747 at Page 268._ 31. All matters as set forth in Findings of Fact, Conclusions and Order recorded March 31, 1994 in Book 751 at Page 861._ 32. Terms, conditions, provisions and obligations as set forth in Order recorded May 18, 1998 as Reception No. 416983, 09,22/2004 FEED 23:59 FAX 19709631622 OTAR COLORADO Z 011/014 ADDITIONAL INFORMATION AND DISCLOSURES The Owners Policy to be issued, if any shall contain the following items in addition to the ones set forth above: (1) The Daed of Trust, if any, required under Schedule B-Section 1. (2) Water rights, claims or title to water. (NOTE: THIS EXCEPTION WILL APPEAR ON THE OWNER'S AND MORTGAGE POLICY TO BE ISSUED HEREUNDER) Pursuant to Insurance Regulation 89-2 NOTE: Each title entity shall notify in writing every prospective insured in an owner's title insurance policy for a single family residence (including a condominium or townhouse unit) (i) of that title entity's general requirements for the deletion of an exception or exclusion to coverage relating to unfiled mechanics or materialmens liens, except when said coverage or insurance is extended to the insured under the terms of the policy. A satisfactory affidavit and agreement indemnifying the Company against unfiled mechanics' and/or Materialmen's Liens executed by the persons indicated in the attached copy of said affidavit must be furnished to the Company. Upon receipt of these items and any others requirements to be specified by the Company upon request, Pre-printed Item Number 4 may be deleted from the Owner's policy when issued. Please contact the Company for further information. Notwithstanding the foregoing, nothing contained in this Paragraph shall be deemed to impose any requirement upon any title insurer to provide mechanics or materialmens lien coverage. NOTE: If the Company conducts the owners or loan closing under circumstances where it is responsible for the recording or filing of legal documents from said transaction, the Company will be deemed to have provided "Gap Coverage". Pursuant to Senate Bill 91-14 (CRS 10-11-122) (a) The Subject Real Property may be located in a Special Taxing District; (b) A Certificate of Taxes Due listing each taxing jurisdiction may be obtained form the County treasurer of the County Treasurer's Authorized Agent; (c) Information regarding Special Districts and the boundaries of such districts may be obtained from the Board of County Commissioners, the County Clerk and Recorder, or the County Assessor. NOTE: A tax Certificate will be ordered from the County Treasurer by the Company and the costs thereof charged to the proposed insured unless written instruction to the contrary are received by the company prior to the issuance of the Title Policy anticipated by this Commitment. Pursuant to House Bill 01-1088 (CRS 10-11-123) If Schedule B of your commitment for an Owner's Title Policy reflects an exception for minerai interests or leases, pursuant to ORS 10-11-123 (HB 01-1088), this is to advise: (a) There there is recorded evidence that a mineral estate has been severed, leased or otherwise conveyed from the surface estate and that there is a substantial likelihood that a third party holds some or all interest in oil, gas, other minerals or geothermal energy in the property and (b) That such mineral estate may include the right to enter and use the property without the surface owners' permission. This commitment is invalid unless Schedule B-Section 2 the Insuring Provisions and Schedules Commitment No. PCT17861 F2 A and B are attached. [MENT D LN .:_cKi-1l0y' Fresid-nt :,-' t;le up Itec 73t3t"r; 1, tnr'1 to I e FAT-714T, and tine Se, 1 of the jeneral L +Tid office to be under ric.7 h-in(I At trie City :,f ­shin6ton th,. twenty ninth day -f I , in t'_ic if n-i?" Lori. -.-,e el,.-•ht'nundred antl ninety-seven, ant- -1-P tl-Iade,,enr'cncc. aC th J111tild StfLt•�ii the one bundr—_: and twentv first B" the Fresident: ;`illiam cKinlay Gol-;p-vred Li.t:t :3_f! ..iry B7, . McKe an Secretsry. C 11rasn 1.or(lpr of tiie _ieneral -n 7 1,5: -in:,rdt �,eco,rc:c 3391 WB UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Land Management WASHINGTON APR 29 1949 I hereby certify that the annexed copy of patent is a true and literal exemplification from the record which is in my custody in this office. IN TESTIMONY WHEREOF I have hereunto subscribed my name and caused the seal of this off to be affixed, at the city of Washington, on the day and year above written. 6�Jas F. Homer Result Robert Emmet Chief: Patents Section. GENERAL LAND OFFICE No. 20429 . MINERAL CERTIFICATE No. 360 THE UNITED STATES OF AMERICA, To all to whom these Presents shall come, Greeting: WHEREAS, In pursuance of the provisions of the hevised Statutes of the United States, Chapter Six, Title Thirty-two, and legislation supplemental thereto, there have been deposi ed in the General Land office of the United States the Plat and Field Notes of survey and t Certificate, No. 360, of the Register of the Land Office at Glenwood Springs in the State o Colorado, accompanied by other evidence, whereby it appears that John A. Sheridian, Thos W. Gill, Daniel Carey, Morgan Jones, Wm E. Coughlin and Channing F. Meek did, on the eighteent day of February, A.D. 1991, duly enter and pay for that certain mining claim or premises, known as the Result and Robert Emmett lode mining claims designated by the Surveyor General as Lot No. 6044, embracing a portion of sections seven, eight and seventeen in township ten south of range eighty -four -west, Sixth'Principal meridian, in the Roaring Fork Mining Dist- rict, in the County of Pitkin and State of Colorado, in the District of Lands subject to sa at Glenwood Springs and bounded, described, and platted as follows, with magnetic variation fifteen degrees east. Beginning for the desc7iption of the Result lode claim at corner No 1, a spruce post six inches square, marked with mound of stones, from which the breast of discovery cut bears south seventy-four degrees and six minutes east eight hundred and five feet dist- ant; the witness corner to the east quarter corner of section eighteen in township ten sout of range eighty-four west, Sixth Principal meridian bears south twenty-one degrees and twen two minutes east three thousand eight hundred and eight and seven tenths feet distant; U.S. locating momunment Ute No 4 bears south fifty-six degrees and thirty-two minutes West two thousand three hundred and eight end four tenths feet distant; a spruce stump ten inches in diameter, blazed and marked B.S.bT , bears south twenty-seven degfees and nine minutes ea twenty-six and three tenths feet distant; corner No 1 of survey No 4471, the Contraband lod claim bears north fifty-five degrees and ten minutes east one hun d d and sixty-five and fifty-six hundredths feet distant, and corner No.1 of survey No. 3W2, the Silver Brick lod claim, bears north fifty-five degrees, four minutes and forty seconds east ninety-one and eighty-one hundredths feet distant. Thence, first course, south sixty-six degrees and fifteen minutes east one hundred and sixty-nine and eighty-four hundredths feet intersect line 2-3 of survey No 5867; the mascot lode claim, at south forty-five degrees and nine minutes west forty-four and eighteen hundr the feet from corner No 3; three hundred and fourteen and forty-five hundredths feet inter- sect line 4-1 of said survey No. 4471; three hundred and fifty-one and fifty-nine hundredtl feet intersect line 3-4 of said survey No. 4471; four hundred and forty-one and fourteen hundredths feet intersect line 3-4 of survey No 5914, the Joplin lode claim, at north sever, five degrees west forty-six feet from corner No.3; four hundred and eighty-seven and sixty- eight hundredths feet intersect line 2-3 of said survey No. 5914, at south fifteen degrees west seven and eight hundredths feet from corner No 3; one thousand four hundred and ninety eight and nine tenths feet to corner No 2. Thence, second course, north fifty-five degrees and thirty minutes east two hundred ar ninety-four feet to corner No3. a( Thence, third course, north sixty-six degrees and fifteen minutes west one thoasand or hundred and forty-seven and thirty-one hundredths feet intersect line 3-4 of said survey N( 4471; one thousand four hundred and ninety-five and thirty-eight hundredths feet intersect line 4-1 of said survey No 3952, at north fifty-six degrees and thirty-two minutes east twc hundred and three and five tenths feet from corner No 1; one thousand four hundred and nine ty-eight and nine tenths feet to corner No 4. Thence, fourth course, south fifty-five degrees and thirty minutes west one hundred ar twenty-eight and thirty five hundredths feet intersect line 4-1 of said survey No 4471; one hundred and sixty-four and sixty-four hundredths feet intersect line 4-1 of said survey No 3952, at north fifty-six degrees and thirty-two minutes east thirty-six and ninety-five hur dredths feet from corner No 1; one hundred and eighty-six and two hundredths feet intersect line 3-4 of said survey No 5967, at north forty-four degrees and fifty-one minutes west one hundred and thirty-eight and seventy-two hundredths feet from corner No 3; two hundred and ninety-four feet to corner No 1, the place of beginning; the survey of the lode as above described extending one thousand four hundred and ninety-eight and nine tenths feet in length along said Result vein or lode. Beginning for the descriptio f the Robert Emmet lode claim at corner No 5, a spruce post five inches square, marked 101' with mound of earth, situate at the point of inter- section of line 1-2 of this survey with line 2-3 of said survey o. 5867, from which a spruce stump fifteen i on in diameter blazed d marked B.S.OoLfi�bears south sixty degree and twenty-seven minules an s west and d eight tenths feet distant; corner No 4 of sAld 0 survey No 5.914 bears uth three degrees and fifty-three minutes east forty-three and sixt, two hundredths feet distant; corner No 3 of said survey No. 5867 bears north forty-five de- grees and nine minutes east forty-four and eighteen hundredths feet distant, and corner No 1 of this survey bears north sixty six degrees and fifteen minutes west one hundred and sixty-nine and eighty-four hundredths feet distant. . Thence, first course, south sixty-six degrees and fifteen minutes east one hundred an( forty-four and six tenths feet intersect line 4-1 of said survey No 4471, at south thirty- four degrees and thirty minutes east two hundred and sixty-eight and forty-one hundredths feet from corner No 1; one hundred and eighty-one and seventy-four hundredths feet interse, line 3-4 of said survey No 4471, at north fifty-five degrees and thirty minutes east nine- teen and fifty-five hundredths feet from corner No 4; two hundred and seventy-one and twen nine hundredths _feet _intersect line 3-4 of said survey No 5914 at north seventy-five degre, feet intersect line 2-3 of said survey No 5914, at south fifteen degrees west seven and eight hundredths feet from corner No3; one thousand three hundred and twenty-nine and five hundredths feet to corner Not, of this survey; one thousand five hundred feet to corner No 6j Thence, second course, south forty-five degrees and nine minutes west two hundred and seventy nine and twenty-five hundredths feet to corner No 7. Thence, third course, north sixty-six degrees and fifteen minutes west one thousand an forty and twenty-eight hundredths feet intersect line 2-3 of said survey Pro 5914; one thous -11 and three hundred and forty-three and eighty-one hundredths feet intersect line 4-1 of said survey No 5914, at south fifteen degrees west two hundred and twenty-four feet from corner No 4; one thousand five hundred feet to corner No 8, from which the breast of discovery cut bears south eighty degrees and nineteen minutes east six hundred and seventeen and twenty - nine hundredths feet distant. Thence, fourth course, north forty-five degrees and nine minutes east two hundred and seventy nine and twenty-five hundredths feet to corner No 5, the place of beginning; the sure vey of the lode as above described extending one thousand five hundred feet in length along said Robert Emmett vein or lode Egress_ ly excepting and excludln, from these presents all that portion o£ the ground herein a ore described em raced In said mining claims or surveys Nos. 3952, 4471, 5867 and 5914, and also all veins, lodes and ledges, throughout their entird depth, the tops or apexes of which lie inside of such excluded ground; the granted premises in said lot No 6044 containing fourteen acres and eight hundredths of an acre of land, more or less. NOW i John A. Sherridian�,TThos. W. is tereforGill,hDanieleCarey, Morganhereby GRANTEDJones, WmbtheUE. ed StateCoughlinsuno the sad dtChanningiF.glo Meek and to their heirs and assigns, the said mining premises hereinbefore described, and not expressly excepted from these presents, and all that portion of the said Result and Robert Emmett veins, ledes,or ledges and of all other veins, lodes, and ledges, throughout their entire depth, the tops or apexes of which lie inside of the surface boundary lines of said granted premises in said Lot No. 6044 extended downward vertically, although such veins lodes, or ledges in their downward course may so far depart from a perpendicular as to extend outside the vertical side lines of said premises: Provided, That the right of possession to such outside parts of said veins, lodes, or ledges shall be confined to such portions there - A of as lie between vertical planes drawn downward through the end lines of said Lot No. 6044,s so continued in their own direction that such planes will intersect such exterior parts of said veins, lodes, or ledges: And provided further, That nothing herein contained shall authorize the grantees herein to enter upon the surface of a claim owned or possessed by E another: TO HAVE AND TO HOLD said mining premises, together with all the rights, privileges, immunities, and appurtenances of whatsoever nature thereunto belonging unto the said grantees above named and to their heirs and assigns forever; subject nevertheless to the above -mention- ed and to the following conditions and stipulations: First. That 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 of said granted premises, should they ame in its dip be found to penes trate, intersect, or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode, or ledge. Second. That the premises hereby granted shall be held subject to any vested and accru- ed water rights, for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local laws, customs, and decisions of courts. And there is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States Third. That in the absence of necessary legislation by CongressIthe Legislature of Colorado may provide rules for working the mining claim or premises hereby granted, involving easements, drainage, and other necessary means to its complete development. IN TESTIMONY WH7-RF,OF I, Benjamin Harrison, President of the United States of America, have caused these letters to be made PATENT, and the Seal of the General Land Office to be hereunto affixed. GIVEN under my hand at the City of Washington the ninth day of April, in the year of our Lord one thousand eight hundred and ninety-two, and of the Independence of the United States' the one hundred and sixteenth. By the President: Benjamin Harrison. Compared BY M. 1 ec Secreret ary. D. P. Roberts Recorder o t e General Land Office F ed or record on the Oth da o Ma A. .9949, a 1: o�c oc P.M. M 7J Ne or , ecorder. 96387 3391 WB UNITED STATES DEPARTICNT OF THE INTERIOR Bureau of Land Management WASHINGTON APR 29 1949 I hereby certify that the annexed copy of patent is a true and literal exemplification ' from the record which is in my custody in this office. IN TESTIMONY WHEREOF I have hereunto subscribed my name and caused the seal of this o0E1'3AL 'to be affixed, at the city of Washington, on the day and year above written. Jas. F. Homer St. Paul Chief, Patents Section. G LAND OFFICE No. 21622 MINERAL CERTIFICATE No. 264 THE UNITED STATES OF AMF,RICA, �� To all to whom these Presents shall come, Greeting: 3j 'r WHEREAS, In pursuance of the provisions of the Revised Statutes of the United States, Chapter Six, Title Thirty-two, and legislation supplemental thereto, there have been deposit. ed in the General Land Office of the United States the Plat and Field Notes of survey and the; Certificate, No. 264, of the Register of the Land Office at Glenwood Springs, in the State off colorado, accompanied by other evidence, whereby it appears that Goo. Moser, H. J. Turley, Charles C. Parsons, F. Meyer J. Louis Brown, George M. McAdams, Charles. W. Franklin 1"aggie R. Turley, Alice Reilly, D. C. Lyles, and M. J. Delhomaca did, on the twenty third day of December, A.D. 1889, duly enter and pay for that certain mining claim or premises, known as the Saint Paul lode mining claim designated by the Surveyor General as Lot No. 42790 embrac- ing a portion of township ten south, of range eighty-five west, Sixth Principal meridian in the Roaring Fork Mining District, in the County of Pitkin and State of Colorado, in the Dis- trict of Lands subject to sale at Glenwood Springs and bounded, described, and platted as follows, with magnetic variation fourteen degrees and forty-five minutesyeast. Beginning at corner No.l a spruce post four inches square marked ! 27q , with mound of stone, from which the east quarter corner of section eighteen, in township ten south of range gt/ eighty-four west, Sixth Principal meridian, bears north sixty-two degrees, forty-eight minutes3 and fifty seconds east seven thousanj nine hundred and forty-seven feet distant; an Aspen tree five inches in diameter marked B.Tqq' bears north twenty-nine degrees and fourteen minutes east twelve and five tenths feet distant; an aspen tree seven inches in diameter marked "B.T 14.279" bears north sixty-eight degrees and three minutes east twentv-eight and two tenths feet I I i '-f, 'I ATTACHMENT F ATTACHMENT G THE �J 1041 HAZARD REVIEW SURVEY MAP OF: � JL_d L T L 0 D E MININ CT CLAIM M.S. #6044, SECTIONS 7 AND 8, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO. SHEET 1 OF 2 Fnd.-E 1/4 Corner / Section 7 B.L.M. Brass Cap / 0�y h Centerline of 40.0' Wide / kki L f- Road Easement -Smuggler Mtn. Roo: /v2o A� N � Tie Car No. 1, Contraband to 1 Cor. No. 1, Result: S 543837" W, 185.23' + Tie Car No. 1, Silver Brick to'-' \4 \ t}y 4 Cor. No. 1, Result: / \ / S 54 57'08" W, 91.87' / \ \ ®2 #� To / y° F713] I� / f \Easement lntersecton: / / Tie to E 114 Sec. 7 21 ++ iN N 23 57'30" E, 2111.92 \ / . 1 306 90 �� �0�60® 2 / N cn / Fnd.-U.S.L.M. No. 4 �c'i\ 66'3t I (Boulder) / / 7599�8" 66. 31, 302 / o h N / z / 19 N , / � 32'00» / 300.>0, W / / SMUGG MTN. ROA CURVE TABLE CURVE LEN RADIUS TANGENT CHORD BEARING DELTA RC1 58.57' 60.00' 3185' 56.27' N 19 3536" iY 55°5541" 2 34.98' 50.00, 18, 4' 34.27' S 11°40'12" E 4004'58" RC3 55.12' 34.00' .76' 49.28' S 78 09'45" E 92'6-3'20" RC4 156.65' fO7.00' 96.14 14303' N 13'26'49" E 8352'S5" RC5 140.03' 45.00' 3018.44' 89.99' S 62'14'53" 1Y 178°1730" RC6 50.02' 62.0 26. 46' 48.67' N 03551 1Y 46'13'13" RC7 117.48' 19 .00' 60.55' 115.75' S 02'07'22" 1Y 34°10'OB" RC6 82.57' 7.00' 75.62' 66.47' S--7'50" E 12?°51'22" R09 66.97' 135.00' 34.19' 66.29' N 22°57'>2" E 28°25'30" RC70 83.73' 30.00' 169.34' 59.08' S 88-41'46" W 159 5426" RC11 145. 3' 220.00' 75.76' 143.27' N 07'3918" E 38'0020" RC12 RC>3 g f01.8P 9.2.13' 0a30' S 02°4926" JY S 3810'06" E 47'40'01" 34'18'54" 170.00' 52.49' RC14 84.88' 30 . . E 16206'23" RC15 132.93' 120.00' 74.22' 26.24' S 05'41'26" E 6328'16" RC16 181.15' 436.00' 91.90' 79.85' S 37°5653" 1V 23°48'f9" RC17 131.44' 205.00' 68.07' 29.20' N 31'28'59" E 36°44'11" RC18 234.46' 362.00' 12151' 30.38' N 0526'21" !Y 37'06'31" RC19 234.46' 362.00' 121.51' 30.38' N 05'2621" W 37°06'31" RC20 75.89' 25.00' 471.96' 49.93' S 63 04'24" IY 17356'08" RC21 72.49' 646.00' 36.28' 72.45' N 26 3844" W 6 25'45" RC22 121.84' 555.00' 61.17' 12160' S 29°43'14" E 12'34'43" RC23 109.23' 7300' 67.75' 99.32' S 7852'36" E 85'43'48" RC24 136.83' 120.00' 76.94' >29.54' N 25°35'24" EL 6520'00" COMMUNITY DEVELOPMENT APPROVAL THIS 1041 HAZARD REVIEW PLAT HAS BEEN REVIEWED AND APPROVED BY THE DIRECTOR/HEARING OFFICER THIS ----- DAY OF 2004. SUBJECT TO ADHINISTRATIVE DECISION/HEARING OFFICER DECISION No. _--__-_---RECORDED AS RECEPTION No. DIRECTOR COMMUNITY DEVELOPMENT NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN / 0 h O Fnd.-E 1/4 Corner Section 7 B.L.M. Brass Cap / MONUMENT LEGEND CORNER No. MONUMENT FOUND MONUMENT DESCRIPTION I M1 DEPT. OF THE INTERIOR B.L.M BRASS CAP-1978 CLOSING CORNER -SECTIONS 7 & 8 AND M.S. # 6044 / M2 DEPT. OF THE INTERIOR B.L.M BRASS CAP-1978 CORNER No. 3, M.S. # 6044 M3 STONE CORNER 0.8' x 0.5' x 1.6' HIGH CORNER No. 2, M.S. # 6044 / I M4 STONE CORNER 0.5' x 1.2' x 1.5' HIGH CORNER No. 6, M.S. # 6044 M5 DEPT. OF THE INTERIOR B.L.M BRASS CAP-1978 CORNER No. 7, M.S. # 6044 I M6 DEPT. OF THE INTERIOR B.L.M BRASS CAP-1978 CLOSING CORNER -SECTIONS 7 & 17 AND M.S. # 6044 M7 DEPT. OF THE INTERIOR B.L.M BRASS CAP-1978 CLOSING CORNER -SECTIONS 7 & 17 & 7 y% N 00 M8 DEPT. OF THE INTERIOR B.L.M BRASS CAP-1954 SPECIAL PURPOSE MONUMENT (SPM) M9 DEPT. OF THE INTERIOR B.L.M BRASS CAP-1978 CLOSING CORNER -SECTIONS 7 & 18 & 17 ,o o M10 DEPT. OF THE INTERIOR B.L.M BRASS CAP-1978 CLOSING CORNER- M.S. # 6044 & M.S. # 4471 0 M11 STONE CORNER 0.6' x 1.0' x 2.0' HIGH CORNER No. 4, M.S. # 6044 M12 BANNER INC. L.S. #25954, 2.5" ALUM. CAP, #5 REBAR CORNER No. 1, M.S. # 6044 Centerline of 40.0' Wide M13 BANNER INC. L.S. #25954, 3.25" ALUM. MONUMENT CORNER No. 1, M.S. # 3952 35 2.30 Woad Easement -Smuggler Mtn. Road M14 BANNER INC. L.S. #25954, 3.25" ALUM. MONUMENT CORNER No. 4, M.S. # 5914 S' M15 STONE CORNER 0.5' x 1.4' x 1.0' HIGH CORNER No. 3, M.S. # 5914 M16 STONE CORNER 0.6' x I Y x 1.0' HIGH CORNER No. 4, M.S. # 4471 M17 DEPT. OF THE INTERIOR B.L.M BRASS CAP-1978 CLOSING CORNER- M.S. # 6044 & M.S. # 5914 NN M18 STONE CORNER 0.6' x 1.2' x 1.2' HIGH CORNER No. 2, M.S. # 5914 M19 DEPT. OF THE INTERIOR B.L.M BRASS CAP-1954 CORNER No. 1, M.S. # 5914 Leos• �6'� M20 STONE CORNER 1.0' x 1.4' x 1.T HIGH �s v• CORNER No. 8, M.S. # 6044, CORNER No. 1 M.S. #6899 Easement Intersection: M21 BANNER INC. L.S. #25954, 3.25" ALUM. MONUMENT CORNER No. 5, M.S. # 6044 S% eOr%n9sJ �jV Tie to E 114 Sec. 7 M22 BANNER INC. L.S. #259542.5" ALUM. CAP#5 REBAR CORNER No. 1, M.S. # 4471 VICINITY MAP ��1�05 \ 230 0 0'S2" E, 1s3s.42' , , M23 BANNER INC. L.S. #25954, 2.5" ALUM. CAP, #5 REBAR CLOSING CORNER- M.S. # 6044 & M.S. # 4471 M24 BANNER INC. L.S. #25954, 2.5" ALUM. CAP, #5 REBAR CLOSING CORNER- M.S. # 6044 & M.S. # 4471 SCALE: 1" = 2000' ba .o N N Z s� o t N � N 0) 2 18 SMUGGLER ROAD LINE TABLE LINE LENC7H BEARING L1 26.85' S 47°3336" E L2 46.54' S 08W2-W" F L3 96.42' S 27°0036" E L4 147 02' S 197224" F L5 60.29' N 08 4424" E Z6 92 51 ' S 1'0036" E L7 144.37' S 55'19'36" E L8 47.68' N 37°2536" !Y L9 175.90' S 29'51'36" E L10 ?RO.73' S 36'00'36" E L11 43.44' N 5815'24" E L12 51325' 1N 07'0436" 1Y 1041 HAZARD REVIEW WARNING AND WAIVER N 0 4,���1 l 0?. Section 7 Section 18 OWNERS) ACKNOWLEDGE THAT HE/SHE HAS BEEN NOTIFIED BY PITKIN COUNTY OF THE EXISTENCE OF "1041 HAZARD AREAS" THAT MIGHT AFFECT THE PROPERTY AND ANY IMPROVEMENTS, AND THE USE AND OCCUPANCY THEREOF. THE PROVISION OF THESE REGULATIONS DO NOT IN ANY WAY ASSURE OR IMPLY THAT THE AREAS OUTSIDE OF DESICNATED HAZARD AREAS WILL BE FREE FROH HAZARDS OR THAT APPROVED HIT/CATION MEASURES WILL GUARANTEE SAFETY OF ANY PROPERTY. BY-__. OWNER S 00'4221 " E 40.92' r`soo� 3> 83' ® Section 8 Ma Section 17 B.L.M. Brass Cap (SPM) Bears S 14'03'54" W, 4.35' N M9 663, 3 S 48 •, 64 • W SOPRIS ENGINEERING CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 ra LL C M2 GRAPHIC SCALE 100 0 so 100 pap aoo ( IN FEET ) 1 inch = 100 ft. PROPERTY DESCRIPTION THE RESULT, U.S.H.S. No. 6044, as described in Patent recorded on Book 175 at Page 225 of the real estate records of Pitkin County, Colorado. COUNTY OF PITKIN STATE OF COLORADO NOTES 0 DATE OF SURVEY.• APRIL 28- HAY 3, 2004. 2) DATE OF PREPARATION- HAY 4-17, 2004. 3) BASIS OF BEARING: A BEARING OF N 66 21 '30" W ALONC THE NORTHERLY BOUNDARY OF THE RESULT LODE, M. S. #6044, BETWEEN CORNER No. 3, BEINC A FOUND B L. H. BRASS CAP (1978) AND CORNER No. Z BEINC A FOUND STONE, (6fARKED "6044"). 4) BASIS OF ,SURVEY' THE PLAT AND NOTES OF H. S. #6044, RECORDED DECEMBER 16, 1889, THE PLAT AND NOTES OF H. S. #5914, RECORDED AUGUST 23, 1889, THE PLAT AND NOTES OF H S. #5867, RECORDED DECEMBER /4 1889, THE PLAT AND NOTES OF M.S. #4471, RECORDED FEBRUARY 24 1887, THE PLAT AND NOTES OF H.S. #3952, RECORDED MAY 20, 1885. THE DEPENDENT RESURVEY AND SURVEY OF TOWNSHIP 10 SOUTH, RANCE 84 WEST OF THE 6th P.H. AS ACCEPTED BY THE CHIEF OF CADASTRAL SURVEYS ON FEBRUARY 14, 1980. A U. SD. A. -FOREST SERVICE BOUNDARY HAP OF PORTIONS OF SECTION 7, 8, 17 AND 18 OF TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th PH AS RECORDED IN THE PITKIN COUNTY RECORDS IN BOOK 437, PACE 422 (DECEMBER 16, 1982). A SETTLEMENT AGREEMENT FOR SMUGGLER MOUNTAIN ROAD, RECORDED IN THE PITKIN COUNTY RECORDS AS RECEPTION No. 484450 (JUNE 25, 2003). AND THE FOUND MONUMENTS AS SHOWN. 5) THIS SURVEY DOES NOT CONSTITUTE A TITLE SEARCH BY SOPRIS ENCINEERINC, LLC (SE) TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD. FOR ALL INFORMATION REGARDING EASEMENTS, RICHT-OF-WAY AND/OR TITLE OF RECORD SE RELIED UPON THE ABOVE SAID PLATS, NOTES AND MONUMENTS DESCRIBED IN NOTE 4, NO TITLE COMMITMENT OR POLICY WAS USED IN THE PREPARATION OF THIS SURVEY. 6) BASIS OF ELEVATION. 7HE 1908 CITY OF ASPEN DREXEL BARREL CONTROL DATUM WHICH IS BASED ON AN ELEVATION OF 7720. 88' (NAVD 1988) ON THE NCS STATI( "S 159". THIS ESTABLISHED TWO SITE BENCHMARKS SHOWN ON PACE Z 7) CONTOUR INTERVAL: TWO (2) FEET. 8) THE BEARINGS SHOWN FOR THIS SURVEY ARE BASED ON THE U.S. D. A. -FOREST SURVEY BOUNDARY MAP AS DESCRIBED IN NOTE No. 4 ABOVE AND THE FOUND MONUMENTS; AS SHOWN. 9) THE BEARINGS FOR THE SMUCCLER MTN. ROAD EASEMENT (REC. No. 484450)HAVE BEEN ROTATED 00106'36"COUNTER-CLOCKWISE TO CONFORM TO THE BASIS OF BEARINC FOR THIS SURVEY. SURVEYOR'S STATEMENT I, MARK S. BECKLER, DO HEREBY STATE THAT THIS SURVEY WAS PREPARED BY SOPRIS ENCINEERINC, LLC. FOR SMUGGLER RIDGE ASSOCIATES AND THAT IS TRUE AND CORRECT TO THE BEST OF MY BELIEF AND KNOWLEDGE BY Af4RA_ S. BECKLER, L. S. NO. 28643 CLERK & RECORDER ACCEPTANCE FOR RECORDINC THIS 1041 MAP HAS BEEN ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF PITKIN COUNTY, COLORADO ON THIS ____ DAY OF ---------- A. D. 2004 IN PLAT BOOK _-__ AT PACE_-__ AS RECEPTION N0. ---------- 24056 05/17/04 24056-BDRY1041 8380 8360 8340 8320 8300 DATUAf ELEV 8-190.00 1+00 NOTICE: ACCORDING TO COLORADO LAW YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN 1041 HAZARD REVIEW SITE PLAN OF: E LODE MINING CLAIM THTA�ESULT M.S. #6044, SECTIONS 7 AND 8, TOWNSHIP 10 SOUTH, RANGE 84 WEST OF THE 6th P.M. COUNTY OF PITKIN, STATE OF COLORADO. SHEET 2 OF 2 SMUGGLER ifff7R LINE—OF—E MOUNTAIN ROAD dE � o HORIZANTA 1 "=40' f + Lo ERUCA - II m O �a � w? a a w 2+00 d+UU �uu I v GRAPHIC SCALE 40 0 20 40 80 160 ( IN FEET ) 1 inch = 40 ft NOTES: 1) THE EXISTING SMUGGLER ROAD IS APPROXIMATLY 15' IN WIDTH AND IS GRAVELED AND MAINTAINED BY THE COUNTY UP TO THE STANGER RESIDENCE LOCATED JUST BELOW THE RESULT LODE SITE. THE ON SITE ROAD IS NOT GRAVELED OR MAINTAINED. THE ROAD ON SITE VARIES IN WIDTH WITH AN AVERAGE OF 15 FEET WIDE. THE ROAD NARROWS TO 12 FEET WIDE FOR A SHORT DISTANCE SEE ROAD WIDTHS DIMENSIONED ON THE DRAWING. THE GRAVEL SURFACE SHOULD BE GRADED WITH 4" OF CLASS 6 AGGREGATE BASE COURSE AFTER THE INSTALLATION OF ANY UTILITIES. 2) THE AVERAGE SLOPE OF THE EXISTING SMUGGLER MNT ROAD IS 12% BELOW THE EXISTING GRAVEL DRIVE. (THE SLOPE WAS ONLY MEASURED WITHIN THE PROPERTY BOUNDARY.) THE SLOPE INCREASES UP HILL FROM THE GRAVEL DRIVE TO APPROXIMATLY 171 SEE PROFILE. 3) THE EXISTING UPPER GRAVEL DRIVE THAT EXENDS INTO THE SITE FROM SMUGGLER MOUNTAIN ROAD CAN BE USED TO ACCESS THE PROPOSED BUILDING LOCATION. THE GRAVEL DRIVE ACCESSES SMUGGLER MOUNTAIN ROAD AT LESS THAN A 4% SLOPE AND HAS AN EXISTING DOWN HILL TURNING RADIUS OF 40 FEET. THE UP HILL RADIUS IS APPROXIMATLY 10 FEET. 4) ELECTRIC TELEPHONE AND CABLE ARE AVAILABLE IMMEDIATLY BELOW THE RESULT PARCEL. THE ELECTRIC VAULT AND TELEPHONE ARE SHOWN NEXT TO THE ROAD. THE EASEMENT AGREEMENT FOR SMUGGLER MOUNTAIN ROAD INCLUDES THE RIGHT TO EXTEND UTILITIES WITHIN THE EASEMENT. 5) MUNICIPAL SEWER AND WATER ARE NOT ECONIMICALLY AVAILABLE. THE CITY OF ASPEN WATER DEPARTMENT AND ASPEN SANITATION DISTRICT HAVE INDICATED THAT THEY DO NOT HAVE PLANS TO EXTEND SEWER OR WATER UP SMUGGER MOUNTAIN ROAD AT THIS TIME. 6) THE FIRE DEPARTMENT WILL REQUIRE THE RESIDENCE TO BE SPRINKLERED. A 1000 GALLON SPRINKLER TANK AND A 20,000 GALLON FIRE TANK CONNECTED TO A DRY HYDRANT ARE ANTICIPATED. THE TANKS MUST BE LOCATED WITHIN THE BUILDING ENVELOPE. THE ACTUAL SIZE AND LOCTION SHALL BE DETERMINED AT TIME OF BUILDING PERMIT. 7) AN EXISTING WELL IS LOCATED NEAR THE END OF THE EXISTING GRAVEL DRIVE JUST OUTSIDE THE BUILDING SETBACK. 8) THE SEPTIC LEACH FIELD WILL BE LOCATED ON THE 20-307. SLOPE OPEN AREA BELOW THE SMUGGLER MOUNTAIN ROAD. THIS LOCATION WILL BE OVER 100' FROM THE PROPOSED WELL SITE. THIS AREA IS COVERED BY BRUSH, VEGETATION AND ONLY SCATTERED TREES. AN ENGINEERED SYSTEM WILL BE REQUIRED AFTER THE LOCATION AND SIZE OF HOUSE IS DETERMINED. 9) THE SEPTIC ENVELOPE SHOWN ASSUMES A 40 FOOT ROAD EASEMENT, A 50 SETBACK FROM THE ROAD EASEMENT, A 10 FOOT SETBACK FROM THE PROPERTY LINE AND NO SET BACK FROM THE CONTRABAND M.S. #4467 MINING CLAIM. 10) THE BUILDING SETBACK SHOWN ASSUMES A 40 FOOT ROAD EASEMENT PER THE SMUGGLER ROAD SETTLEMENT AGREMENT AND A 50 SETBACK FROM THE ROAD EASEMENT, A 30 FOOT SETBACK FROM THE PROPERTY LINE AND 30 FOOT SET BACK FROM THE CONTRABAND M.S. #4467 MINING CLAIM. 11) TWO DISTURBANCE AREAS ARE SHOWN. ONE FOR THE SEPTIC LEACH FIELD AND ONE AROUND THE BUILDING SETBACK. THERE IS A MINIMUM 10 FOOT SETBACK FROM THE PROPERTY BOUNDARY TO THE DISTURBANCE ENVELOPES. AREA OF OVERLAP WITH CONTRABAND #4471 MINING CLAIM TREATED AS ADJACENT PROPERTY AREAS LESS THAN 30% SLOPE AREAS BETWEEN 30% AND 45% SLOPE AREAS GREATER THAN 45% SLOPE CIVIL CONSULTANTS 502 MAIN STREET, SUITE A3 CARBONDALE, COLORADO 81623 (970) 704-0311 24056 MAB-1041 ATTACHMENT H MRJ-5-krv, 76 r ` AppliGztion must i be compicte where applicaUtc. Tyne or print in BLACK INK, No overslril,t:s or erasures unless ini i W ed. �J COLORADO DIVISION OF WATER RESOURCES 818 Centennial Bldg., 1313 Sherman St., Denver, Colorado 60203 PERMIT APPLICATION FORM • C DwR6. ()(I A PERMIT TO USE GROUND WATER 11086 (X) A PERMIT TO CONSTRUCT A WELL FOR: (x) A PERMIT TO INSTALL A PUMP 1 ) REPLACEMENT FOR NO. ��yy��-� ( ) OTHER Wf WATER COURT CASE N0. (1) APPLICANT - mailing address RECrI'VLEL- OCT 1 ), 1941E4 a('I)u^[5 SUI E - E IIf,7tf E2 Colo. 00) �.Jvr)y FOR OFFICE USE ONLY: DO NOT WRITE IN THIS COLUMN I NAME 111-f I l-( 16�LI kzJ0 C omma/ Receipt No, STREET R aX yLp Z I Basin CITY A S PFA) C-9 Q 141-2-- -- �rst.).i rttD1 TELEPHONENO. (2) LOCATIQN OF -PROPOSED WELL County_ 8 , T-K i✓ ;Z ' lG of the SF `ti, Section 7 Twp._ [ D S , Rng• _%y 1►L. P.M. rn,5� tE,W) (3) WATER USE AND WELL DATA Proposed maximum pumping rate (gpm) I r— Average annual amount of ground water to be appropriated (acre-feet): I Number of acres to be irrigated: d Proposed total depth (feet): (00 e Aquifer ground water is to be obtained from: LLADUrtci LIM rrre, tot/ e Owner's well designation _ IQ 6 Su �-Y OL I GROUNQ WATER TO BE USED EQ8 ( �O HOUSEHOLD USE :ONLY - no irrigation (0) ( ) DOMESTIC'f1) '' (' ) INDUSTRIAL (5) ( ) LIVESTOCK (2) ( ) IRRIGATION (6) ( ) COMMERCIAL (a) ( ) MUNICIPAL (8! ( ) OTHER (9) DETAIL THE USE ON BACK IN (11) (4) DRILLER Name L o Street Ci�r�_fla_SA� _c o Yi G?! t Staiq (�io) Dist, CONDITIONS OF APPROVAL This well shall be used in such a way as to cause no material injury to existing water rights. The issuance of the permit does not assure the applicant that no injury will occur to another vested water right or preclude another owner of a vested water right from seeking relief in a civil court action, 3) APPROVED PURSLLgfT TO CRS ' •. 37-92-602 (3)(b)(I1) AS THE ONLY WELL ON A RESIDENTIAL SITE OF'.941 ACRES DESCRIBED AS j?eir f r MININ.C. Ctnr/V) AkS. 6.oyy _ 2) THE USE OF GROUNDWATER FROM THIS SWELL IS LIMITED TO ORDINARY HOUSEHOLD PURPOSES INSIDE A SINGLE FAMILY DWELLING, AND SHALL NOT BE USED OUTSIDE THE HOUSE FOR ANY PURPOSE. 3) THE RETURN FLOW FROM THE USE OF THE WELL MUST BE THRU AN INDIVIDUAL WASTE WATER DISPOSAL SYSTEM OF THE 14ON - EVAPORATIVE TfP_ WHERE THE WATER IS RETURNED TO THE SAME STREAM SYSTEM Ili WHICH THE WELL IS LOCATED. ht• r'- a-3 'r` APPLICATION APPROVED - • PEAM(T NUMBER DATE ISSUED NOV 0 G 1936 EXPIRATION DATE NOV 0 6 1988 STATE �N NEER1 ����1�S15tAit�, • t-nf I ne LL&ATION OF THE PROPOSED WELL and the area on which the water will be used muff be indicated art the diagram below. Use the CENTER SECTION 0 section, 640 acres) for the well location. ( I� t MILE. S280 FEET , T i + + + + ` "Al �� r - NO rtK E !ql INE 1 ' i — + Fj t NORTH 1 T' T • t Q . L - W T 3 - - Z 4- 11 � SOUTH SECTION LINE x — I I + I + "� '� -I• 4- �- . The scale of the diagram is 2 inches z 7 mile Each small square represents 40 acres. WATER EOUIVA�ENTS TABLE IRourded Figured An at.e loot covers t aat of land t toot deep t CutwC foot per second (CIII ... 449 galloM W minute (ypm) A family or 5 *will MQuire aDMnimately 1 acre-foot of water per year. 1 acre-foot ... 43.560 cubic feet ... 325,900 gallons. 1•00o SO- oumood continuoLnot, for ore day DrOaucel 4A2 sere -feet. (6) THE WELL MUST BE L by distances from section lines. ft. from a u71i SeC• lot* i (norm or ►outh) -�L Q-ft. from _ EAIT sec, lire (sat: 0 LOT BLOCK FILING . SVSDIVISION M �o O (7) 1&A­CT-QN WHICHL LOCATED Owner:W ILL _Q I L K Vjt r �eal No. of acre$ _ . C _ft V 1 . Will this be the only well on this tract?-YJIiS (8) PROPOSED CASING PROGRAM Plain Casing in. from 0 ft. to _L * ft. —� in. from. 6 o ft. tom D ft_ Perforated casing _ from ssa ft. to o O rom ft- t0 ft. (9) FOR F ACEM ENT WELLS give distance and dire from old If and plans for plugging it: (10) AND ON WHICH GR9UND WATER WILL BE USES) Owner(s): W 1 j< L No. of acres: G. 8 Y i D Legal description: A G LA,M lit Q tr, r M AO% S L e40 AK �Q,c orpAT f� Z 01) QETAILED DESCRIPTION of the use of ground water* Household use and domestic wells must indicate type of disposal system to be used. a (Nc N _ t uAtoa,ATryE (12) used on this ]and, including wells. Give Registration and Water Court Case Numbers. Type or right Used for (purpose) Description of land on which used (13) THE APPLICANTS) :STATE(S) THAT THE INFORMATION SET FORTH HEREON IS TRUE TO THE -BEST OF HIS KNOWLEDGE, ZOWCATURE OF A pLICANTISJ �� COLORADO DIVISION OF WATER RESOURCES DEPARTMENT OF NATURAL RESOURCES 1313 SHERMAN ST., RM 818, DENVER, CO 80203 phone - info: (303) 866-3587 main: (303) 866-3581 fax: (303) 866-3589 httD://www.water.state.00.us RESIDENTIAL Note: Also use this form to apply for livestock watering Water Well Permit Application Review instructions on reverse side prior to completing form. The form must be completed In black Ink. 1. Applicant Information Name of applicant Masi Willanson P.O. Box 4692 t,ay Aspen I 'CO I Zipcoda 81612 1 ( 970 ) 948-2611 2. Type Of Application (check applicable boxes) -ffConstruct new well ❑Use existing well ❑ Replace existing well ❑ Change or increase use ❑ Change source (aquifer) ❑ Reapplication (expired permit) To # I Wei name case 4. Location Of Proposed Well County Pi tkin SE —1r4 of the SE 114 Section Township Nor S Range E or W Prindpal Meridian 7 1 10110 84 ❑® 6 Distance of well from section lines (section lines are typicaly not property lines) i� 766 Ft. from ❑ N IN S 546 Ft. from M E ❑ W For replacement wells only - distance and direction from old well to new well Smug lerMountain Road Optional: GPS well location Information in UTM format Required settings for GPS units are as follows: Format must be UfM Zone must be13 Northing Units must be Meters Datum must be NAD27 (CONUS) Eastln Unit must be set to true north Were points averaged? ❑ YES ❑ NO 5. Parcel On Which Well Will Be Located A.Ycu must check and complete one of the following: ❑ Subdivision: Name Lot Block Filing/Unit ❑ County exemption (attach copy of county approval 8 survey): Name/# Lot # ❑ Parcel less than 35 acres, not in a subdivision, attach a deed with metes and bounds description recorded prior to June 1, 1972 IN Mining claim attach a coy of the deed or survey): Name/# Result AIutinf; Claim U.S.MS. No. 6044 ❑ Square 40 acre parcel as described in Item 4 ❑ Parcel of 35 or more acres (attach a metes and bounds description or survey) ❑ Other (attach metes 3 bounds description or survey and supporting documents) B. # of aces in parcel fC..1 Are you the owner of this parcel? 6.9 acres rot YES ❑ NO (if no -see instructions) _.........__...._....------... - - .............._...- - --...---....__... .._._.......... ..__. D. Will this be the only well on this parcel? M YES ❑ NO (if no - list other wells) E. State Parcel ID# (optional): Office Use Only Form GWS-44 (6/2003) 6. Use Of Well (check applicable boxes) See instructions to determine use(s) for which you may qualify IN A. Ordinary household use in one single-family dwelling (no outside use) ❑ B. Ordinary household use in 1 to 3 single-family dwellings: Number of dwellings: ❑ Home garden/lawn irrigation, not to exceed one acre: area irrigated ❑ sq. ft. ❑ acre ❑ Domestic animal watering - (non-commercial) ❑ C. Livestock watering (on famVranchhange/pasture) 7. Well Data (proposed) Maximum pumping rate Annual amount to be withdrawn 15 aom I 1 ar`sP-feat To Be Determined feet To Be Determined 8. Water Supplier Is this parcel Within boundaries of a water service area? ❑ YES 09 NO If yes, provide name of supplier: 9. Type Of Sewage System lei Septic tank / absorption leach field — ❑ Central system: District name: ❑ Vault: Location sewage to be hauled to: ❑ Other (attach copy of engineering design and report) 10. Proposed Well Driller License #(optional): 11. Signature Of Applicants) Or Authorized Agent The making of false statements herein constitutes perjury in the second degree, which is punishable as a class 1 misdemeanor pursuant to C.R.S. 24-4-104 (13)(a). I have read the statements herein, know the contents thereof and state that they ai'j true to my knowledge. Talusi Wilkinson Office Use Only USGS map name DWR map no. Receipt area only WE WR cwce TOPO MYLAR S135 DIV ___ WD __ BA___ MD ATTACHMENT August 16, 2004 Paul Zakovich C/O Smuggler Ridge Associates 5460 South Qubec Street Greenwood Village, CO 80111 RE: Site Evaluation—Onsite Wastewater System (OWS) Feasibility The Result Lode Mining Claim, Smuggler Mountain Road, Pitkin County, CO SE Job No. 24056.01 Dear Sir: Pursuant to your request, this letter presents our findings in regard to the feasibility of design and approval of an engineered Onsite Wastewater System (OWS) for the above referenced Site. An OWS to serve the needs of your client's proposed residential development of the site would include the installation of components designed for treating waste water based on the site specific conditions and building plans, which will be in compliance with State and County standards. The recent geotechnical evaluation indicates that the onsite soils are generally composed of 11/z to 4 feet of topsoil and fill overlying relatively dense silty sandy gravel, cobbles and boulders. We would assume that varible percolation rates may exist with similar soils in the area proposed for the septic field. No free groundwater was encountered. There are several design options available that we will consider providing a feasible design for the site based on the soil conditions and waste water volumes. The subsoil study provides adequate information to proceed with a preliminary design. We may recommend the installation of a treatment/absorption field with imported filter sand and/or synthetic media as necessary to mitigate the soil conditions and any inconsistencies with the percolation rates. The field will be designed to treat effluent from the septic tank and will be sized to allow for infiltration of treated effluent into the ground based on the soils. Additional geotechnical analysis will be recommended prior to the final design to evaluate the soil conditions within the field location to be delineated. Our feasibility analysis is based on our current knowledge of the site conditions with respect to the recent geotechnical information forwarded to us. Conclusions We have reviewed the existing conditions map, the recent geotechnical report, performed a site inspection, and have discussed, the geotechnical limitations that may exist with regard to construction of a conventional Individual Sewage Disposal System (ISDS). We do not anticipate any severe limitations with regard to the design and function of an engineered leach field system on the site. A general area has been identified for use as a field location however the final design will be completed with respect to the site development plans, proposed usage of the residential development and additional analysis of the existing soil conditions at the proposed field location. Based on our initial findings we believe that the design and installation of an approved OWS system is feasible in accordance with the Regulations of Pitkin County and the State of Colorado. If you have any question or need any additional information, please call. Sincerely, SOPRIS ENGINEERING, LLC Paul E. Rutledge Design Engineer 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-031le Fax (970) 704-0313 Sums EGINEERING N 0 UC civil consultants Memorandum To: Doug Dotson From: Mark Butler Date: August 16, 2004 Re: 24056.01 Result LODE Questions/Notes Outstanding 1. Road easement in agreement says 40'. The survey information says 24' which is correct? 2. Note 30% slope added to map. 3. What is the restriction cause by the Contraband mining claim overlap? Rusty has indicated that the Contraband is an older claim. If so they may be able to claim surface right where the Contraband and Result overlap. If so we would have to treat that line like a property line. 4. We have assumed a 30 setback from the Contraband claim line for building envelope. Any change here should not affect preferred building envelope. 5. We have not set any set back for the septic field from the Contraband; we may need a 10' setback. 6. Note large fire tank should be located at an elevation above the dry hydrant if possible. Should not be placed in the 30% slope area. Areas of man made fill may be OK 7. Need well permit. Test not required 8. Need water rights. 9. Where did the 50' setback come from? Is this from the edge of the road easement or can it be from centerline? May not affect the building envelopes anyway. 10. Will need to determine constructible of line to septic field. 11. We have assumed the ETC will extent along the road and not the shortest way, straight up the hill. 12. Review comments on drawing. Some of these may not be appropriate to include on the drawing. 502 Main Street • Suite A3 • Carbondale, CO 81623 • (970) 704-0311 • Fax (970) 704-0313 SOPRIS ENGINEERING • LLC civil consultants ATTACHMENT K 484450 Page: 3 of 31 111111111111111111111111111111111111111111111111 06/25/20W 09:02A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 SMUGGLER MOUNTAIN ROAD SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is entered into by and among the following Parties: Board of County Commissioners of Pitkin County, Colorado ("Pitkin County" or "the County"); the United States of America ("USA") (collectively, "the Governments"); and George M. "Wilk" Wilkinson, a/k/a George Marsh Wilkinson, a/k/a Wilk Wilkinson, a/k/a G.M. Wilkinson d/b/a Echo Films; Aspen Free Silver Mining Co.; New Consolidated -Standard et al. Company; Fidelity Trust Building, Inc.; Starr Reserve at Smuggler Mountain LLC; Aspen Valley Land Trust; Music Associates of Aspen; and Mickie Flanigan (collectively, "the Landowners"). RECITALS A. Disputes and issues have arisen regarding the existence of public rights to use the road commonly known as Smuggler Mountain Road, located in -Pitkin County, Colorado. A centerline legal description and map of Smuggler Mountain Road is attached hereto as Exhibit "A . B. The Parties are involved in litigation concerning the status of Smuggler Mountain Road. The litigation is currently pending in the United States District Court for the District of Colorado as Civil Action No. 00-MK-1296 (the "Litigation"). C. The Parties by this Agreement desire to resolve certain of their disputes and differences regarding rights to use and maintain Smuggler Mountain Road. D. The Parties acknowledge that this Agreement will resolve issues concerning public rights of access to and over Smuggler Mountain Road, and will terminate expensive, lengthy litigation with regard to those issues. G. The Board of County Commissioners of Pitkin County, by duly passed Resolution, a copy of which is attached hereto as Exhibit "B," is empowered to enter into this Agreement on behalf of Pitkin County and on behalf of the public. NOW, THEREFORE, in recognition of the foregoing recitals and in consideration of the mutual covenants herein contained, the Parties agree as follows: L Dismissal of Claims and Court Order Enforcine Agreement. The Parties shall jointly petition the United States District Court to dismiss the Litigation, to discharge all lis pendens recorded by the Parties in connection with the Litigation, and to order the enforcement of the terms of this Agreement. The Parties will individually appear through counsel and support such petitions in the event of any court hearing thereon. A certified copy of the Pitkin County Resolution, this Settlement Agreement and Exhibit A thereto, and the order of dismissal and discharge of lis pendens shall be recorded with the Pitkin County Clerk and Recorder. No issues, Smuggler Mountain Road Settlement Agreement Page 2 of 6 other than as specifically set forth herein, shall be deemed resolved by this Agreement or by dismissal of the Litigation. 2. Status of Smuggler Mountain Road. The Parties hereby agree that Smuggler Mountain Road as described in Exhibit A is a public County Road along its entire length from its base to the U.S. Forest Service boundary at the southeast comer of the Protection Lode (i.e., the point after which the road no longer crosses private property). The Parties agree that the public and the Landowners shall have full rights of access over and across Smuggler Mountain Road subject to reasonable regulations as may be adopted by Pitkin County consistent with its powers under existing law. The Parties further agree that the width of the right of way for Smuggler Mountain Road shall be twenty (20) feet on either side of the center line described in Exhibit A. a. Status of Road as Easement or Fee. The Parties recognize that there is a dispute concerning the legal manner in which the County holds Smuggler Mountain Road and the associated 40-foot right of way for Smuggler Mountain Road. Specifically, the County contends that Smuggler Mountain Road and the associated right of way are held by the County as easements, while the Landowners contend that the County holds title to Smuggler Mountain Road and the associated right of way in fee. The Parties recognize that this Agreement does not resolve this dispute concerning the nature of the County's interest in the road and right of way. Use of the terms "road" or "right of way" in this Agreement shall not be construed to bear in any way on the question of whether the County holds Smuggler Mountain Road in easement or fee. 3. Maintenance. The Parties recognize that Pitkin County has both the authority and certain obligations to maintain County Roads, including Smuggler Mountain Road. Pitkin County agrees that should future development of areas serviced by Smuggler Mountain Road place maintenance or improvement demands on the road that exceed the County's budget for maintenance or improvement of the road, the County shall license appropriate Landowners to perform maintenance or improvements, at their own expense, sufficient to bring the road into a state consistent with County or State of Colorado standards for roads servicing such development. Such licenses shall be subject to County oversight and may be terminated for failure to comply with County or State of Colorado standards or directives, but such licenses shall not be terminated unreasonably. Nothing herein shall be construed to obligate the County to any particular level of improvement, maintenance, or budget for Smuggler Mountain Road. Nor shall anything herein be construed to exempt any road maintenance or improvements from full compliance with the Pitkin County Land Use Code or any other applicable law. 4. Utilities. The Parties acknowledge that utilities may be placed within the right of way for Smuggler Mountain Road. Any utilities so placed, however, must be installed underground at the expense of the landowner serviced by such utilities. The County shall retain discretion as to the location of the utilities within the right of way. Utility location proposals on National Forest System land within this right of way will be subject to the rules and regulations of the Secretary of Agriculture in effect at the time of the proposal. N O Smuggler ?Mountain Road Settlement Agreement Page 3 of 6 5. Land Use Applications. Nothing herein shall be construed to exempt any person from full compliance with the provisions of the Pitkin County Land Use Code or any other provision of law governing land use applications. 6. Binding Effect. This Agreement shall run with the land and shall be binding upon, and inure to the benefit of, the Parties and all of their heirs, successors, personal representatives and assigns. a: m ..m 7. Attornevs Fees and Venue. In the event that the Parties hereto litigate the terms 0 o and provisions of this Agreement, the prevailing party shall be awarded reasonable attorneys fees L0 0 N and costs incurred. All litigation concerning the terms of this Agreement shall be initiated and ct „ N maintained in Pitkin County District Court; provided, however, that if the United States is a party a) a a to any such litigation venue shall be in the United States District Court for the District of Colorado. 8. Counterparts. The Parties agree that the within Settlement Agreement may be executed in counterparts and that the counterparts taken together shall constitute the whole Agreement. Facsimile signatures shall be valid. - 9. Costs. Each party shall bear its own costs and attorney fees in connection with the Litigation. IN WITNESS WHEREOF the Parties have executed this Settlement Agreement effective this �— day of i, 2003. i unt, AGREED: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKIN i STARR RESERVE AT SMUGGLER MOUNTAIN, LLC Ronald D. Gollehon Smuggler Mountain Road Settlement Agreement Page 5of6 ASPEN VALLEY LAND TRUST Martha Cochran, Executive Director APPROVED: PITH IN COUNTY ATTORNEY r- Chnstop 530 East Main, Suite 302 Aspen, Colorado 81611 Attorney for Plaintiff Board of County Commissioners of the County of Pitkin FREILICH, MYLER, LEITNER & CARLISLE Michael Hoffman 106 South Mill Street Aspen, Colorado 81611 Attorney for Defendant Music Associates of Aspen MUSIC ASSOCIATES OF ASPEN 484450 Page: 6 of 31 06/25/2003 09:02A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 FOGNANI, GUIBORD, HOMSY & ROBERTS John Fognani Brian Gonzales 555 17`h Street, Suite 2600 Denver, Colorado 80202 Attorneys for Intervenor -Defendant Starr Reserve at Smuggler Mt., LLC UNITED STATES ATTORNEY'S OFFICE Paul Johns 1225 171h Street, Suite 700 Denver, Colorado 80202 Attorney for Defendant United States of America Smuggler Mountain Road Settlement A.grwmcnt Page 3 of 6 5. Land Use Ap lications. Nothing herein shall be construed to exempt any person from full compliance with the provisions of the Pitldn County Land Use Code or any other provision of law governing Iand use applications. 6. ' Binding Effect. This Agreement shall run with the land and shall be binding upon, and inure to the benefit g the Parties and all of their heirs, successors, personal representatives and assigns. 7. Attorneys Fees and Venue. In the event that the Parties hereto litigate the terms and provisions of this Agreement, the prevailing party shall be awarded reasonable attorneys fees and costs incurred. All litigation concerning the terms of this Agreement shall be initiated and maintained in Pitkin County District Court; provided, however, that if the United States is a party to any such litigation venue shall be in the United States District Court for the District of Colorado. 8. Counte arts. The Parties agree that the withi.t Settlement Agreement may be executed in counterparts and that the counterparts takers together shall constitute the whole A..='reement_ Facsimile signatures shall be valid. 9. Costs_ Each party shall bear its own costs and attorney fees in connection with the Litigation- 2WITNESS VVHEREOF the Parties have executed this Settlenienrt Agreement effective this day off 2003. 484450 AGREED: Page: 7 of 31 06/25/2003 09:02A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 BOARD OF COUNTY COMMISSIONERS OF THE COUNn OF PTI'KI,NT 7 Ia Hatfield, Ch an i STARR RESERVE AT SMUGGLER MOUNTAp , LLC Ronald D. Gollehon Smuggler Mountain Road Sefflemcnt Agreement Page 4 Of 6 LLC cAVFAiSMUGcLMMO"TAINiIIN�WVIIIUIIf�IINIIiIVIIIIIfINllllllllllllli :H4;s° 31 • ■ �I'■■I I11 11119 1111541 111 11111 I111 I111 06/25/2003 09:02A SILVIA D V-IS PITKIN COUNTY CO R 0.00 D 0.00 Wayne �'r FIDELITY TRUST BUILDING, INC. George M. "Wilk" Wilkinson, President THE NEW CONSOLIDATED -STANDARD/ FULTON/DELLA S. ET A.L. COMPANY George K "Wilk" Wilkinson, President UNITED STATES OF AMERZCA Rick Cables, Regional Forester GEORGE M, WILKINSON, D/Va ECHO FTL.tiIS George M, "Wilk" Wilkinson, President ASPEN FREE SILVER MINING CO. George M. "Wilk" Wilkinson, President MICKLE FLANICAN Mickie Flanigan �JUO_ SmuWer Mountain Road Settlement Agreement Page 5 of 6 ASPEN VALLEI'D TRUST MUSIC ASSOCIATES OF ASPEN 484480 Martha Cochran, Executive Director Page: 9 of 31 06/25/2003 09:02P SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 APPROVED: ' PITKb.V COUNTY ATTORNEY EOGNAN4 �0RD, HOWY & RORERTS Christopher G. Seldin L;o�hn Fo 530 East Main, Su ite 302 Brian es �peq Colorado 81611 5�5 17`� Street, Suite 2600 Attorney for Plaintiff Board Denver, Colorado 80202 Of County Commissioners of Attorneys for Intervenor Defendant Me County of Firkin Stcmr Reserve at Smuggler Mt,, LLC WLER, LETTNER & CARILLS'LE uNTTED STATES ATTORNLrY'S OFFICE 1l'Ichael Hoffman Paul Johns 106 South Mill Street Aspen, Colorado 81611 1225 I7 Street, Suite 700 Adorney for Defendant Music Associates Denver, Colorado 80202 of Aspen Attorney fonDefendant United States of America I Smuggler Mountain Road Settlement Agreement 484450 Page 3of3 Page: 10 of 31 06/25/2003 09:02A SILVIA DAVIS PI7KIN COUNTY CO R 0.00 D 0.00 S. Land Use Applications. Nothing herein shall be construed to exempt any person ffOm full compliance with the provisions of the Pitkin County Land Use Code or any other provision of law governing land use applications. 6. Bindin¢ Effect. This Agreement shall run with the land and shall be binding upon, and inure to the benefit of~ the Parties and all of their heirs, successors, personal representatives and assigns. 7. Attorneys Fees and Venue. In the event that the Parties hereto litigate the terms and provisions of this Agreement, the prevailing party shall be awarded reasonable attorneys fees and costs incurred. All litigation concerning the terms of this Agreement shall be initiated and maintained in Pitkin County District Court; provided, however, that if the United States is a parry to any such litigation venue shall be in the United States District Court for the District of Colorado, 8 • Counterparts. The Parties agree that the within Settlement Agreement may be executed in counterparts and that the counterparts taken together shall constitute the whole Agreement. Facsimile signatures shall be valid. 9. Costs. Each parry shall bear its own costs and attorney fees in connection with the Litigation. IN WITNESS WHEREOF the Parties have executed this Settlement Agreement effective this — da� �irch, 2003. S !0 3 AGREED: BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF PITKiN Jack Hatfield, Chauman 6Aai.� yllrI03 STARR RESERVE AT SMUGGLER MOUNTAIN, LLC Ronald D. Gollehon Smuggler Mountain Road Settlement Agreement Page 4 of 4 STARR RESERVE AT SMUGGLER MOUNTAIN, LLC Wayne Starr 484450 Page: 11 of 31 06/25/2003 09:02A SILVIA OAVIS PITKIN COUNTY CO R 0.00 D 0.00 FIDELITY TRUST BUILDING, INC. George M. "Wilk" Wilkinson, President �. 0.3�z L106 � Fay Qt a g /o/ 8 THE NEW CONSOLIDATED -STANDARD/ FULTONIDELLA S. ET AL. COMPANY 01 George M. "Wilk" Wilkinson, President 31x y04(7�- �Q��7 40 431611 r 4 :�o P yD c/6 6 UNITED SPATES OF AMERICA Rick Cables, Regional Forester GEORGE M. WILKINSON, D/B/A ECHO FILMS „f `V George M. "Wilk" Wilknson, President ' 3 YQ le /,200-1 u vc iehP act q -, 4 �, ASPEN .FREE SILVER MINING CO. 6^GdiellIz- George M. "Wilk" Wilkinson, President Po )e yo17-- ,�1�- �r vell MICKIE FLANIGAN Mickie Flanigan 5Un ;i41 1803; Smuggler Mountain Road Settlement Agreement Page 6 of 6 APR-15-03 9:19AM; PAGE 2/2 AUSTIN, PIERCE & SMITH, P.C. Thomas Fenton Smith 600 Fast Hopkins, Suite 205 Aspen, Colorado 81611 Attorney for Defendant Aspen Valley Land Trust RAY L» WALL V Ray W 2840 'o Grande, N.W. Albuquerque, New Mexic<187107 Attorney for Defendants, Wilkinson and Fidelity Trust Building, Inc. OATES, KNEZEVI('l! & GARUF.NSWARTL, P.C. T--d Gardenswartz 533 Fast Hopkins Aspen, Colorado 81611. Attorney for Defendant Mickie Flanigan S TKIN COUNTY CO R 0. 00 484450 Page: 12 of 31 06/25/2003 09:02A 0 0.00 UNITED STATES DEPARTMENT OF AGRICULTURE —FOREST SERVICE Regional Forester, Rocky Mountain Region MICKIE FLANIGAN Mickie Flanigan 484450 Page: 13 of 31 06/25/2003 09:02A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 ASPEN VALLEY LAND TRUST Martha Cochran, Executive Director APPROVED: PITKIN COUNTY ATTORNEY ROBERTS Christopher G. Seldin 530 East Main, Suite 302 Aspen, Colorado 81611 Attorney for Plaintiff Board of County Commissioners of the County of Pitkin FREILICH, MYLER, LEITNER & CARLISLE OFFICE MUSIC ASSOCIATES OF ASPEN FOGNANI, GUIBORD, HOMSY & John Fognani Brian Gonzales 555 17`h Street, Suite 2600 Denver, Colorado 80202 Attorneys for Intervenor -Defendant Starr Reserve at Smuggler Mt., LLC UNITED STATES ATTORNEY'S Michael Hoffman 106 South Mill Street Aspen, Colorado 81611 Attorney for Defendant Music Associates Of of Aspen AUSTIN, PIERCE & SMITH, P.C. GARDENSWARTZ, Thomas Fenton Smith 600 East Hopkins, Suite 205 Aspen, Colorado 81611 Attorney for Defendant Aspen Flanigan Valley Land Trust RAYL. WALL aul Johns 1225 17'h Street, Suite 700 Denver, Colorado 80202 Attorney for Defendant United States America 11111110. Ray Wall 2840 Rio Grande, N. W. Albuquerque, New Mexico 87107 Attorney for Defendants Wilkinson and Fidelity Trust Building, Inc. OATES, KNEZEVICH & P.C. 484450 Page: 14 of 31 06/25/2003 09:02A D 0.00 Ted Gardenswartz 533 East Hopkins Aspen, Colorado 81611 Attorney for Defendant Mickie Smuggler Mountain RDad Settlement Agreement ,Page 4 a[6 STARR RESERVE AT SMUGGLER MOUNTAIN, LLC 484450 111111111111111111111111111111111111111111111111111111 Page: 15 of 31 06/25/2003 09:02A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Wayne Starr FIDELITY TRUST BUILDING, INC. George M. "Wilk" Wilkinson, President THE NEW CONSOLIDATED -STANDARD! FULTON/DELLA S. ET AL. COMPANY George M. "Wilk" Wilkinson, President UNITED STATES OF AMERICA Rick Cables, Regional Forester GEORGE M. WILKINSON, D/B/A ECHO FILN15 George M. "Wilk" Wilkinson, President ASPEN FREE SILVER MINING CO. George M. "Wilk" Wilkinson, President MICKIE FLANIGAN Mic a Flanigan C"A 5SA'H'0 WUTEI:01 EO, E! ?PfW Smuggler Mountain Road Settlement Agreement Page 6 of 6 AUSTIN, PIERCE & SMITH, P.C. Thomas Fenton Smith 600 East Hopkins, Suite 205 Aspen, Colorado 81611 Attorney for Defendant Aspen Valley Land Trust RAY L. WALL Ray Wall 2840 Rio Grande, N.W. Albuquerque, New Mexico 87107 Attorney for Defendants Wilkinson and Fidelity Trust Building, Inc. KNEZEVICH & GARDENSWARTZ, P.C. Ted Gardenswartz 533 East Hopkins Aspen, Colorado 81611 Attorney for Defendant Mickie Flanigan 484450 Page: IS of 31 SILVIq DAVIS PITKIN COUNTY CO R 0.00 O6/25D20 3 09:O2A Smuggler Mountain Road Settlement Agreement Page 5 of 6 ASPEN VALLEY LAND TRUST Martha Cochran, Executive Director MUSIC ASSOCIATES OF ASPEN 484450 Page: 17 of 31 06/25/2003 09:02A APPROVED: SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 PITKIN COUNTY ATTORNEY FOGNANI, GUIBORD, HOMSY & ROBERTS Christopher G. Seldin 530 East Main, Suite 302 Aspen, Colorado 81611 Attorney for Plaintiff Board of County Commissioners of the County of Pitkin FREILICH, MYLER, LEITNER & CARLISLE Michael Hoffman 106 South Mill Street Aspen, Colorado 81611 Attorney for Defendant Music Associates of Aspen John Fomani Brian Gonzales 555 17"' Street, Suite 2600 Denver, Colorado 80202 Attorneys for Intervenor -Defendant Starr Reserve at Smuggler Mt., LLC UNITED STATES ATTORNEY'S OFFICE Paul Johns 1225 17"' Street, Suite 700 Denver, Colorado 80202 Attorney for Defendant United States of America Smuggler Mountain Road Settlement Agreement Page 6 of 6 AUSTIN, PIERCE & SMITH, P.C. I Thomas Fe n Smith 600 East Hopkins, Suite 205 Aspen, Colorado 81611 Attorney for Defendant Aspen Valley Land Trust OATES, KNEZEVICH & GARDENSWARTZ, P.C. Ted Gardenswartz 533 East Hopkins Aspen, Colorado 81611 Attorney for Defendant Mickie Flanigan RAY L. WALL 484450 Page: 18 of 31 SILVIA DAVIS PITKIN COUNTY CO R 0.00 06/25003 D20.00 9.02A Ray Wall 2840 Rio Grande, N.W. AIbuquerque, New Mexico 87107 Attorney for Defendants Wilkinson and Fidelity Trust Building, Inc. Smuggler Mountain Road Settlement Agreement Page 5 of 6 ASPEN VALLEY LAND TRUST Martha Cochran, Executive Director APPROVED: PITKIN COUNTY ATTORNEY Christopher G. Seldin 530 East Main, Suite 302 Aspen, Colorado 81611 Attorney for Plaint ff Board of County Commissioners of the County of Pitkin FREILICH, MYLER, LEITNER & CARLISLE Michael Hoff n 106 South Mill Street Aspen, Colorado 81611 Attorney for Defendant Music Associates of Aspen 484450 Page: 19 of 31 MUSIC ASSOCIATES OF ASPEN on Roth, President FOGNANI, GUIBORD, HOMSY & ROBERTS John Fognani Brian Gonzales 555 17t' Street, Suite 2600 Denver, Colorado 80202 Attorneys for Intervenor -Defendant Starr Reserve at Smuggler Mt., LLC UNITED STATES ATTORNEY'S OFFICE Paul Johns 1225 17'h Street, Suite 700 Denver, Colorado 80202 Attorney for Defendant United States of America 484450 Page: 20 of 31 06/25/2003 09:02A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 Smuggler Mountain Road Settlement Agreement EXHIBIT A (Surveyor's Map and Centerline Description of Road, 11 pp.) �I 484450 IIPage: 06/25/2003 SILVIA DRVIS PITKIN COUNTY CO R 0.00 21 of 31 / 09:02 D 0.00 G rp 9 Ceti Cgs Lsy C�� �\PJ 9Co /O h � op"` G QpQ` L ER �0 � �G1A P� 0 — 1 /1 RFRg°c� 1 / ORN FG' S uT.1 L 7 G S., R.84 W.. 6 P.M. M. MONUME F, S L. N 84 6TH M. ON— INT G��6 5°� 'tK SP' P �G• OJ�O P 00 'ti — �� GG��� GG S� 16�6 U L1J LLJ / FEET 500 0 500 FEET GRAPHIC SCALE RE SCALE: 1 INCH = 500 FEET 41F' 6p pOeF 4C T P�G�O1 � � S c� TAIN ROAD EASEMENT DESCRIPTION OF A PORTION OF SMUGGLER MOUNTAIN ROAD The easement is a strip 24.00 feet in width measured perpendicularly to the centerline of the easement, being 12.00 feet on each side of the centerline with the side lines of which are extended or shortened as the case may be at each property line intersected by the easement so that the easement is continuous. Easement is situated in Sections 7 and 8, Township 10 South, Range 84 West, 6th Principal Meridian, County of Pitkin, State of Colorado, the centerline of which is more fully described as follows: Beginning at the westerly centerline point of the easement, whence the E 1/4 comer of said Section 7 bears N 44' 35' 01" E, 2129.25 feet and considering the north line of the NE 1/4 of the SE 1/4 of said Section 7 to bear N 88' 46' 3 8" W, with all other bearings contained herein relative thereto; 1. Thence S 47' 27' 00" E, 26.85 feet; 2. Thence southeasterly 58.57 feet along the arc of a circular curve to the right with a central angle of 55 ° 56' 00", a radius of 60.00 feet and a chord bearing S 19 ° 29' 00" E, 56.27 feet; 3. Thence S 08 ° 29' 00" W, 46.54 feet; 4. Thence southeasterly 34.98 feet along the arc of a circular curve to the left with a central angle of 40 ° 05' 12", a radius of 50.00 feet and a chord bearing S 11 ° 33' 36" E, 34.27 feet; 5. Thence southeasterly 55.13 feet along the arc of a circular curve to the left with a central angle of 92 ° 53' 55", a radius of 34.00 feet and a chord bearing S 78 ° 03' 09" E, 49.28 feet; 6. Thence northeasterly 156.65 feet along the arc of a circular curve to the left with a central angle of 83 ° 52' 56", a radius of 107.00 feet and a chord bearing N 13 ° 33' 25" E, 143.03 feet; 7. Thence northeasterly 142.54 feet along the are of a circular curve to the right with a central angle of 181 ° 29' 03 ", a radius of 45.00 feet and a chord bearing N 62 ° 21' 29" E, 89.99 feet; 8. Thence S 26 ° 54' 00" E, 96.42 feet; 9. Thence southeasterly 50.01 feet along the are of a circular curve to the right with a central angle of 46 ° 13' 00", a radius of 62.00 feet and a chord bearing S 03 ° 4730" E, 48.67 feet; 10. Thence S 19 ° 19' 00" W, 147.02 feet; 11. Thence southwesterly 117.48 feet along the are of a circular curve to the left with a central angle of 34' 10' 05", a radius of 197.00 feet and a chord bearing S 02' 13' 58" W, 115.75 feet; 484450 Page: 22 of 31 SILVIR DAVIS PITKIN COUNTY CO R 0.00 06/25D20.00@9.02A 484450 Page: 23 of 31 06/25/2003 09:02A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 12. Thence southeasterly 82.58 feet along the arc of a circular curve to the left with a central angle of 127' 52' 19", a radius of 37.00 feet and a chord bearing S 78 ° 47' 14" E, 66.47 feet; 13. Thence northeasterly 66.98 feet along the arc of a circular curve to the left with a central angle of 28 ° 25' 36", a radius of 135.00 feet and a chord bearing N 23 ° 03' 48" E, 66.29 feet; 14. Thence N 08 ° 51' 00" E, 60.29 feet; 15. Thence northeasterly 83.73 feet along the arc of a circular curve to the right with a central angle of 159 ° 54' 44", a radius of 30.00 feet and a chord bearing N 880 48' 22" E, 59.08 feet; 16. Thence southwesterly 145.93 feet along the arc of a circular curve to the right with a central angle of 38' 00' 20", a radius of 220.00 feet and a chord bearing S 07' 45' 54" W, 143.27 feet; 17. Thence southwesterly 94.84 feet along the arc of a circular curve to the left with a central angle of 47 ° 40' 04", a radius of 114.00 feet and a chord bearing S 02 ° 5602" W, 92.13 feet; 18. Thence S 20 ° 54' 00" E, 92.51 feet; 19. Thence southeasterly 10 1. 82 feet along the arc of a circular curve to the left with a central angle of 34' 19' 00", a radius of 170.00 feet and a chord bearing S 38 ° 03' 30" E, 100.30 feet; 20. Thence S 55 ° 13' 00" E, 144.37 feet; 21. Thence northeasterly 84.88 feet along the arc of a circular curve to the left with a central angle of 162 ° 0600", a radius of 30.00 feet and a chord bearing N 43 ° 44' 00" E, 59.2'1 feet; 22. Thence N 37' 19' 00" W, 47.68 feet; 23. Thence northwesterly 132.94 feet along the arc of a circular curve to the right with a central angle of 63 ° 28' 19", a radius of 120.00 feet and a chord bearing N 05" 34' 50" W, 126.24 feet; 24. Thence northeasterly 181.15 feet along the arc of a circular curve to the right with a central angle of 23 ° 48' 20", a radius of 436.00 feet and a chord bearing N 38' 03' 29" E, 179.85 feet; 25. Thence northeasterly 131.44 feet along the arc of a circular curve to the left with a central angle of 36' 44' 09", a radius of 205.00 feet and a chord bearing N 31 ° 35' 35" E, 129.20 feet; 26. Thence northwesterly 234.45 feet along the arc of a circular curve to the left with a central angle of 37' 0630", a radius of 362.00 feet and a chord bearing N 05 ° 19' 45" W, 230.38 484450 Page: 24 of 31 06/25/2003 09:02A feet; SILVIA OAVIS PITKIN COUNTY CO R 0.00 0 0.00 27. Thence northeasterly 75.98 feet along the arc of a circular curve to the right with a central angle of 174 ° 08' 00", a radius of 25.00 feet and a chord bearing N 63 ° 11' 00" E, 49.93 feet; 28. Thence S 29' 45' 00" E, 175.90 feet; 29. Thence southeasterly 72.48 feet along the arc of a circular curve to the right with a central angle of 06' 25' 44", a radius of 646.00 feet and a chord bearing S 26 ° 32' 08" E, 72.45 feet; 30. Thence southeasterly 121.85 feet along the are of a circular curve to the left with a central angle of 12' 34' 44", a radius of 555.00 feet and a chord bearing S 29' 36' 38" E, 121.60 feet; 1 Thence S 35 ° 54' 00" E, 220.73 feet; 32. Thence southeasterly 109.23 feet along the arc of a circular curve to the left with a central angle of 85 ° 44' 00", a radius of 73.00 feet and a chord bearing S 78 ° 46' 00" E, 99.32 feet; 33. Thence N 58 ° 22' 00" E, 43.44 feet; 34. Thence northeasterly 136.83 feet along the arc of a circular curve to the left with a central angle of 65 ° 20' 00", a radius of 120.00 feet and a chord bearing N 25 ° 42' 00" E, 129.54 feet; 35. Thence N 06' 58' 00" W, 513.25 feet; 36. Thence northwesterly 86.80 feet along the arc of a circular curve to the left with a central angle of 22 ° 06' 16", a radius of 225.00 feet and a chord bearing N 18 ° 01' 08" W, 86.27 feet; 37. Thence northwesterly 74.65 feet along the arc of a circular curve to the right with a central angle of 57° 0V 35", a radius of 75.00 feet and a chord be N 00° 33' 29" W, 7 1.6 0 feet; .38. Thence northeasterly 99.82 feet along the arc of a circular curve to the left with a central angle of 46' 52' 46", a radius of 122.00 feet and a chord bearing N 04' 30' 56" E, 97.06 feet; 39. Thence northeasterly 137.55 feet along the arc of a circular curve to the right with a central angle of 20 ° 25' 01 ", a radius of 386.00 feet and a chord bearing N 08 ° 42' 56" W, 136.82 feet; 40. Thence northwesterly 44.70 feet along the arc of a circular curve to the left with a central angle of 21 ° 20' 32", a radius of 120.00 feet and a chord bearing N 09 ° 10' 41 " W, 44.44 feet; I IIIIII I II 484450 I I Page: 25 of 31 SILVIR DAVIS PITKIN COUNTY CO 06/25/2003 09:02A R 0.00 D 0.00 41. Thence northwesterly 151.20 feet along the arc of a circular curve to the right with a central angle of 13' 49' 01 ", a radius of 627.00 feet and a chord bearing N 12 ° 5627" W, 150.83 feet; 42. Thence northeasterly 96.65 feet along the arc of a circular curve to the right with a central angle of 56' 30' 34", a radius of 98.00 feet and a chord bearing N 22' 13' 20" E, 92.78 feet; 43. Thence northeasterly 146.02 feet along the are of a circular curve to the left with a central angle of 20' 45' 37", a radius of 403.00 feet and a chord bearing N 400 05' 49" E, 145.22 feet; 44. Thence N 29' 43' 00" E, 100.86 feet; 45. Thence northeasterly 73.53 feet along the arc of a circular curve to the left with a central angle of 42° 0747", a radius of 100.00 feet and a chord bearing N 08" 39' 07" E, 71.88 feet; 46. Thence northeasterly 59.70 feet along the arc of a circular curve to the right with a central angle of 34' 12' 14", a radius of 100.00 feet and a chord bearing N 040 41' 20" E, 58.81 feet; 47. Thence N 21 ° 47' 27" E, 168.01 feet; 48. Thence northwesterly 76.84 feet along the arc of a circular curve to the left with a central angle of 122' 17' 21 ", a radius of 36.00 feet and a chord bearing N 39° 21' 13" W, 63.06 feet; 49. Thence northwesterly 78.67 feet along the arc of a circular curve to the right with a central angle of 24' 45' 54", a radius of 182.00 feet and a chord bearing N 88 0 06' 57" W, 78.05 feet; 50. Thence N 75 ° 44' 00" W, 174.41 feet; 51. Thence northwesterly 57.82 feet along the arc of a circular curve to the right with a central angle of 30° 07' 04", a radius of 110.00 feet and a chord bearing N 60' 40' 28" W, 57.16 feet; 52. Thence northwesterly 233.37 feet along the are of a circular curve to the right with a central angle of 68 ° IT 10", a radius of 196.00 feet and a chord bearing N 11 ° 3 0' 21 " W, 219.83 feet; 53. Thence northeasterly 59.99 feet along the arc of a circular curve to the left with a central angle of 17' 11' 10", a radius of 200.00 feet and a chord bearing N 14' 00' 39" E, 59.77 feet; 54. Thence northeasterly 50.33 feet along the arc of a circular curve to the right with a central angle of 360 02' 57", a radius of 80.00 feet and a chord bearing N 230 2632" E, 49.51 feet; I II�III IIIII ��IIII lll��l I�I �III� I��� 484450 NII Page: 26 of 31 SILVIA DAVIS PITKIN COUNTY CO 06/25/2003 O9:O2A R 0.00 D 0.00 55. Thence N 41 ° 28' 00" E, 50.87 feet; 56. Thence northwesterly 107.45 feet along the arc of a circular curve to the left with a central angle of 84 ° 20' 00", a radius of 73.00 feet and a chord bearing N 00 ° 42' 00" W, 98.01 feet; 57. Thence N 42 ° 52' 00" W, 126.66 feet; 58. Thence northwesterly 83.70 feet along the arc of a circular curve to the right with a central angle of 85 ° 38' 17", a radius of 56.00 feet and a chord bearing N 00" 02' 51" W, 76.12 feet; 59. Thence northeasterly 97.98 feet along the arc of a circular curve to the Ieft with a central angle of 20 ° 33' 48", a radius of 273.00 feet and a chord bearing N 32 ° 29' 23" E, 97.45 feet; 60. Thence northeasterly 112.95 feet along the arc of a circular curve to the right with a central angle of 05 ° 32' 26", a radius of 1168.00 feet and a chord bearing N 24 ° 58' 42" E, 112.90 feet; 61. Thence northeasterly 231.23 feet along the arc of a circular curve to the left with a central angle of 16 ° 01' 11 ", a radius of 827.00 feet and a chord bearing N 19 ° 44' 20" E, 230.47 feet; 62. Thence northeasterly 49.99 feet along the arc of a circular curve to the left with a central angle of 19 ° 05' 45", a radius of 150.00 feet and a chord bearing N 02 ° 10' 52" E, 49.76 feet; 63. Thence N 07 ° 22' 00" W, 68.66 feet; 64. Thence northwesterly 74.01 feet along the are of a circular curve to the left with a central angle of 47 ° 0651 ", a radius of 90.00 feet and a chord bearing N 30 ° 55' 26" W, 71.94 feet; 65. Thence northwesterly 100.58 feet along the arc of a circular curve to the right with a central angle of 40' 34' 59", a radius of 142.00 feet and a chord bearing N 34' 11' 21" W, 98.49 feet; 66. Thence northwesterly 146.02 feet along the arc of a circular curve to the left with a central angle of 15 ° 22' 44", a radius of 544.00 feet and a chord bearing N 21 ° 35' 14" W, 145.58 feet; 67. Thence northwesterly 58.27 feet along the arc of a circular curve to the right with a central angle of 55 ° 38' 54", a radius of 60.00 feet and a chord bearing N 01 ° 27' 09" W, 56.01 feet; 68. Thence northeasterly 88.46 feet along the arc of a circular curve to the right with a central angle of 30 ° 54' 23", a radius of 164.00 feet and a chord bearing N 41 " 49' 29" E, 87.40 feet; 69. Thence southeasterly 96.33 feet along the arc of a circular curve to the right with a central angle of 100' 21' 20", a radius of 55.00 feet and a chord bearing S 72° 32' 40" E, 84.48 feet; 484450 Page: 27 of 31 SILVIR DRVIs PITKIN COUNTY CO oil# R 0.00 06/25/20000 9:02A 70. Thence S 22 ° 22' 00" E, 121.56 feet; 71. Thence southeasterly 10.33 feet along the arc of a circular curve to the left with a central angle of 05 ° 55' 00", a radius of 100.00 feet and a chord bearing S 25" 19' 30" E, 10.32 feet; 72. Thence S 28 ° 17' 00" E, 191.89 feet; 73. Thence southeasterly 252.78 feet along the arc of a circular curve to the right with a central angle of 19 ° 52' 03 ", a radius of 729.00 feet and a chord bearing S 18 ° 20' 59" E, 251.52 feet; 74. Thence southwesterly 134.19 feet along the arc of a circular curve to the right with a central angle of 22' 57' 05", a radius of 335.00 feet and a chord bearing S 03 ° 03' 35" W, 133.30 feet; 75. Thence southeasterly 163.27 feet along the arc of a circulaz curve to the left with a central angle of 48 ° IT 08", a radius of 194.00 feet and a chord bearing S 090 34' 26" E, 158.49 feet; 76. Thence S 33 ° 41' 00" E, 48.95 feet; 77. Thence southeasterly 61.92 feet along the are of a circular curve to the left with a central angle of 43 ° 15' S2", a radius of 82.00 feet and a chord bearing S 55 ° 18' 56" E, 60.46 feet; 78. Thence southeasterly 233.98 feet along the arc of a circular curve to the right with a central angle of 17' 17' 52", a radius of 775.00 feet and a chord bearing S 68 ° 17' 56" E, 233.09 feet; 79. Thence S 59' 39' 00" E, 178.69 feet; 80. Thence southeasterly 67.89 feet along the arc of a circular curve to the right with a central angle of 190 27' 00", a radius of 200.00 feet and a chord bearing S 490 55' 30" E, 67.57 feet; 81. Thence S 40 ° 12' 00" E, 193.11 feet; 82. Thence southeasterly 235.38 feet along the arc of a circular curve to the left with a central angle of 27' 14' 44", a radius of 495.00 feet and a chord bearing S 53 ° 49' 22" E, 233.17 feet; 83. Thence southeasterly 114.42 feet along the arc of a circular curve to the right with a central angle of 300 04' 18", a radius of 218.00 feet and a chord bearing S 52° 24' 35" E, 113.11 feet; 84. Thence southeasterly 135.96 feet along the arc of a circular curve to the left with a central I IIII�i 11111 IN IIIIII III IIIII IIIIIII 1111111111111111 06 25/2003f 0931 :02A SILVIA DAVIS PITKIN COUNTY CO R 0.00 0 0.00 angle of 83 ° 45' 34", a radius of 93.00 feet and a chord bearing S 79" 15' 13" E, 124.17 feet; 85. Thence N 58 ° 52' 00" E, 109.81 feet; 86. Thence northeasterly 23.14 feet along the arc of a circular curve to the right with a central angle of 440 12' 00", a radius of 30.00 feet and a chord bearing N 80 ° 58' 00" E, 22.57 feet; 87. Thence S 76 ° 56' 00" E, 123.52 feet; 88. Thence southeasterly 166.70 feet along the arc of a circular curve to the right with a central angle of 74° 02' 22", a radius of 129.00 feet and a chord bearing S 39" 54' 49" E, 155.34 feet; 89. Thence southeasterly 61.72 feet along the arc of a circular curve to the left with a central angle of 78 ° 35' 11 ", a radius of 45.00 feet and a chord bearing S 42 ° 1 P 14" E, 57.00 feet; 90. Thence southeasterly 74.62 feet along the arc of a circular curve to the right with a central angle of 95 ° 01' 14", a radius of 45.00 feet and a chord bearing S 33 ° 58' 12" E, 66.37 feet; 91. Thence southwesterly 131.41 feet along the arc of a circular curve to the right with a central angle of 12' 13' 22", a radius of 616.00 feet and a chord bearing S 19 ° 39' 05" W, 131.16 feet; 92. Thence southeasterly 63.65 feet along the arc of a circular curve to the left with a central angle of 151 ° 56' 45", a radius of 24.00 feet and a chord bearing S 50 ° 12' 36" E, 46.57 feet; 93. Thence northeasterly 132.23 feet along the arc of a circular curve to the right with a central angle of 29 ° 08' 22", a radius of 260.00 feet and a chord bearing N 68 ° 23' 12" E, 130.81 feet; 94. Thence northeasterly 160.86 feet along the arc of a circular curve to the left with a central angle of 21 ° 50' 23", a radius of 422.00 feet and a chord bearing N 72 ° 02' 12" E, 159.88 feet; 95. Thence N 61 ° 07' 00" E, 102.60 feet; 96. Thence southeasterly 67.06 feet along the arc of a circular curve to the right with a central angle of 153 ° 41' 00", a radius of 25.00 feet and a chord bearing S 42 ° 02' 30" E, 48.69 feet; 97. Thence S 34° 48' 00" W, approximately 35.00 feet to a point of termination at the intersection with line 7-8, M. S. No. 6270, Rainstorm Lode, whence E 1/4 corner of Said Section 7 bears N 77' 08' 13" W, 1710.74 feet. 484450 Page: 29 of 31 SILVIA DAVIS PITKIN COUNTY CO R 0.00 06/25/003 D20.00@9.02A EXHIBIT 'B' ADDENDUM TO CENTERLINE DESCRIPTION OF SMUGGLER MOUNTAIN ROAD ✓OQCi P 6 CGS �� vp� ci` 9�A etPJQ ! 4. P� L ER BPS Q�et C—E 1 /16 CORNER SECTION 7 0P a° �O ro T.10 S., R.84 W. 6TIi M. B.LM. MONUMENT = Oct E 1/4 CORNER i SECTION 7 0 T.10 S., R.84 W„ 6TH P.M. B.L.M. MONUMENT OJT P�Q 41 74 P.O.B. GG�OE, S�J,650 lee'- �0 �o �ry�61 h 19019 4 qq q 6044 Ar4 f bq 6 V.E.C. No. 4037.02-04 JMK 5-20-03 END N FEET 500 0 500 FEET 1 1 1 1 1 1 f l„ I 1 GRAPHIC SCALE SCALE: 1 INCH = 500 FEET I I��III IIII IIIII IIIIII �I� IIIII �NIIII III IIII IIIII IIII 0Page: 30 of 6//25 2 O3 09 31 O SILVIA DAVIS PITKIN COUNTY CO 2A R 0.00 D 0,00 EXHIBIT"A" Addendum to Centerline Description of Smuggler Mountain Road Description of Centerline for Additional Portion of Smuggler Mountain Road A portion of Smuggler Mountain Road situated in the SW1/4 of Section 8, Township 10 South, Range 84 West of the 6t' Principal Meridian, County of Pitkin, State of Colorado, the centerline being described as follows: Beginning at a point on the centerline of said Smuggler Mountain Road whence the El/4 comer of Section 7 of said Township bears N 77' 08' 13" W, 1710.74 feet and whence a previously described point of tangency on the centerline of said Smuggler Mountain Road bears N 34° 48' 00" E, 35.00 feet; I. Thence S 34' 48' 00" W, 41.24 feet along the centerline of an existing road; 2. Thence southwesterly 54.02 feet along the arc of a circular curve being concave to the southeast, having a radius of 201.00 feet, a central angle of 15' 24' 00" and a chord bearing S 27' 06' 00" W, 53.86 feet; 3. Thence S 19' 24' 00" W, 111.50 feet; 4. Thence southerly 150.30 feet along the arc of a circular curve being concave to the east, having a radius of 548.00 feet, a central angle of 15' 42' S4" and a chord bearing S 1 V 32' 33" W, 149.83 feet; 5. Thence southerly 26.36 feet along the arc of a circular curve being concave to the east, having a radius of 40.00 feet, a central angle of 37' 45' 30" and a chord bearing S 15' 11' 39" E, 25.89 feet; 6. Thence S 34' 04' 24" E, 42.95 feet; 7. Thence southeasterly 31.94 feet along the arc of a circular curve being concave to the west, having a radius of 40.00 feet, a central angle of 45' 45' 12" and a chord bearing S 11' 11' 48" E, 3 1. 10 feet; 8. Thence S 11 ° 40' 49" W, 29.51 feet; 9. Thence southerly 78.55 feet along the arc of a circular curve being concave to the northwest, having a radius of 160.40 feet, a central angle of 28' 03' 28" and a chord bearing S 25' 42' 33" W, 77.76 feet; 10. Thence S 39' 44' 17" W, 24.06 feet; 11. Thence southwesterly 111.34 feet along the arc of a circular curve being concave to the northeast, having a radius of 39.86 feet, a 11 111111111111111111111111111111111111111111111111111 Pae:69 5 3 03f O931 :02A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 central angle of 1600 02' S8" and a chord bearing S 40' 17' 12" E, 78.51 feet; 12. Thence N 590 41' 18" E, 49.34 feet; 13. Thence northeasterly 66.33 feet along the arc of a circular curve being concave to the southeast, having a radius of 600.00 feet, a central angle of 06' 20' 03" and a -chord bearing N 62' 51' 20" E, 66.30 feet; 14. Thence N 66' 01' 22" E, 25.51 feet; 15. Thence northeasterly 84.39 feet along the arc of a circular curve being concave to the northwest, having a radius of 70.00 feet, a central angle of 69' 04' 29" and a chord bearing.N 31 ° 29' 07" E, 79.37 feet; 16. Thence N 03' 03' 07" W, 30.60 feet; 17. Thence northerly 95.20 feet along the are of a circular curve being concave to the east, having a radius of 125.00 feet, a central angle of 43' 38' 09" and a chord bearing N 18' 45' S7" E, 92.91 feet; 18. Thence N 40' 35' 02" E, 63.30 feet; 19. Thence northeasterly 142.16 feet along the arc of a circular curve being concave to the southeast, having a radius of 250.00 feet, a central angle of 32' 34' 55" and a chord bearing N 56' 52' 29" E, 140.26 feet; 20. Thence N 73° 09' 56" E, 34.23 feet; 21. Thence easterly 126.83 feet along the arc of a circular curve being concave to the south, having a radius of 229.37 feet, a central angle of 3 l ° 40' 48" and a chord bearing N 89' 00' 20" E, 125.22 feet; 22. Thence S 75' 09' 16" E, 84.05 feet; 23. Thence easterly 98.14 feet along the arc of a circular curve being concave to the southwest, having a radius of 175.00 feet, a central angle of 32' 07' 51" and a chord bearing S 59' 05' 20" E, 96.86 feet; 24. Thence S 43' 0V 25" E, 82.91 feet more or less to a point of termination on line 3-4 of the Protection Lode, Mineral Survey No. 10050 in the Roaring Fork Mining District of said County. This Addendum to the centerline description of Smuggler Mountain Road shall be lengthened or shortened to begin on line 7-8 of the Rainstorm Lode, Mineral Survey No. 6270 in said Mining District. Smuggler Mountain Road Settlement Agreement EXHIBIT B (BOCC Resolution Authorizing Approval of Settlement Agreement) 484450 Page: 1 of 31 06/25/2003 09:02A SILVIA DAVIS PITKIN COUNTY CO R 0.00 D 0.00 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING PITKiN COUNTY TO EXECUTE THE SMUGGLER MOUNTAIN ROAD SETTLEMENT AGREEMENT IN BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO v. RYLKINSON, ET AL., UNITED STATES DISTRICT COURT CASE NO.00-MK-1296. RESOLUTION # 05y -2003 RECITALS 1. In Resolution No. 99-61, the Board of County Commissioners of the County of Pitkin ("the Board") directed the County Attorney's Office to initiate litigation to determine the County's ownership interest in Smuggler Mountain Road. On June 22, 2000 the Attorney's Office filed a complaint in Federal District Court to quiet title and seeking a declaration that the Road was a public County Road. 2. The lawsuit, captioned Board of County Commissioners v. Wilkinson, et al., U.S. District Court Case No. 00-MK-1296, named as defendants all persons or entities who owned land traversed or accessed by Smuggler Mountain Road. Certain defendants in the litigation claimed that the Road was a private road and that they were entitled to close the Road to public travel. 3. After extensive litigation, the parties have reached a Settlement Agreement that declares Smuggler Mountain Road a public County Road and spells out certain rights of Pitldn County and of the defendants in the litigation. 4.. The Board desires to have the Chairman execute the Settlement Agreement and to authorize the County Attorney to take further necessary actions to have the Settlement Agreement finalized and the litigation in Case No. 00-MK-1296 dismissed. NOW THEREFORE, be it resolved by the Board of County Commissioners of Pitkin County Colorado, that the Chairman of the Board of County Commissioners of Pitkin County, Colorado, is hereby authorized to sign that certain Smuggler Mountain Road Settlement Agreement in a form approved by the County Attorney and attached hereto as Exhibit A. The County Attorney is directed to take such further steps as may be necessary to finalize the Settlement Agreement and dismiss the litigation in U.S. District Court Case No. 00-MK-1296 once the Settlement is finalized. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 23rd DAY OF APRIL, 2003. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 3RD DAY OF MAY, 2003. 4d44b(J 06//25/2003 09:02A SILVIA DAVIS PITKIN COUNTY CO' R 0.00 D 0.00 APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 14th DAY OF MAY, 2003. PLISHED AFTOPTION IN THE ASPEN TIMES WEEKLY ON THE �Y ER DAY OF 2003. ATTEST: iette Jones uty Clerk APPROVED AS TO FORM: Christopher G. Se in Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO i - - — of, 71;5 Jac Fatfleld Chairman D. Hilary F. 61ith County Manager CTACHMENT L 1� Ceo"14 -v( ech HEPWORTH - PANLAK GEO TECHNICAL Hepworth-Pawlak Geotechnical, Inc. 5020 County Road 154 Glenwood Springs, Colorado 81601 Phone: 970-945-7988 Faa:970-945-8454 email: hpgeo@hpgeotech.com PRELIMINARY GEOTECHNICAL STUDY THE RESULT LODE MINING CLAIM SMUGGLER MOUNTAIN ROAD PITKIN COUNTY, COLORADO JOB NO.104 281 AUGUST 25, 2004 PREPARED FOR: PAUL ZAKOVICH C/O SMUGGLER RIDGE ASSOCIATES 5460 SOUTH QUEBEC STREET GREENWOOD VILLAGE, COLORADO 80111 Parker 303-841-7119 a Colorado Springs 719-633-5562 • Silverthome 970-468-1989 TABLE OF CONTENTS PURPOSE AND SCOPE OF STUDY............................................................................- 1 - PROPOSED DEVELOPMENT......................................................................................- l - SITECONDITIONS....................................................................................................... - 2- REGIONAL GEOLOGIC SETTING .............................. ............................................... - 2 - UNDERGROUND MINE WORKINGS........................................................................ - 3 - BUILDING SITE GEOLOGY........................................................................................- 4- FIELD EXPLORATION................................................................................................. - 4- SUBSURFACE CONDITIONS......................................................................................- 4- GEOLOGIC ASSESSMENT..........................................................................................- 5- OLD MINE WORKINGS............................................................................................ 5- CONSTRUCTION RELATED SLOPE INSTABILITY ............................................. 5- EARTHQUAKE CONSIDERATIONS......................................................................- 6- PRELIMINARY DESIGN RECOMMENDATIONS..................................................... 6- FOUNDATIONS.......................................................................................................... 6- FLOOR SLABS - -- UNDERDRAIN SYSTEM..........................................................................................- 7- SITEGRADING.........................................................................................................- 7- SURFACEDRAINAGE............................................................................................. - 8- LIMITATIONS................................................................................................................ 8- REFERENCES.............................................................................................................. - 10 - FIGURE I - SITE GEOLOGY MAP AND LOCATIONS OF EXPLORATORY PITS FIGURE 2 - MAPPED UNDERGROUND MINE WORKINGS AND ENTRANCES FIGURE 3 - LOGS OF EXOPLORATORY PITS FIGURE 4 - GRADATION TEST RESULTS PURPOSE AND SCOPE OF STUDY This report presents the results of a preliminary geotechnical study for the proposed residence to be located on the Result Lode Mining Claim, Smuggler Mountain Road, Pitkin County, Colorado. The project site is shown on Figure 1. The purpose of the study was to evaluate the geologic and subsurface conditions and their potential impact to the project. The study was conducted in general accordance with our proposal for geotechnical engineering services to Paul Zakovich, dated March 19, 2004. The scope of services was expanded as requested by Doug Dotson of OTAK Colorado to include evaluation of potential undermining of the properly. A field program consisting of a geologic reconnaissance and exploratory pits was conducted to obtain information on the site geology and subsurface conditions. Samples of the subsoils obtained during the field exploration were tested in the laboratory to determine their classification and other engineering characteristics. The results of the field work and laboratory testing were analyzed to develop recommendations for project planning and preliminary design. This report summarizes the data obtained during this study and presents our conclusions and recommendations based on the proposed development, geologic and subsurface conditions encountered. PROPOSED DEVELOPMENT Development plans for the property were conceptual at the time of our study. In general, the proposed residence will be between 5,000 and 8,000 square feet in size and be located in the central part of the Result Load claim where it is crossed by Smuggler Mountain Road as shown on Figures 1 and 2. The preferred building site is on a northwest trending ridge at the Smuggler Mountain Road switchback. An alternate building site is located to the southwest of the preferred site. We assume the residence will be typical of the area and be two to three stories with a partial or full basement. Grading plans for the proposed residence were not available at the time of this study, but relatively extensive grading will be needed because of the steep terrain at the preferred Job No. 104 281 GiVPtech -2- and alternative building sites. The residence will be serviced with municipal water and sewer systems. A building site -specific geotechnical study should be performed when the location of the residence and preliminary grading plans are available to develop recommendations for foundations and site grading. SITE CONDITIONS The preferred building site is located on a northwest trending ridge in the middle part of the property where it is crossed by Smuggler Mountain Road and the alternative site is located about 200 feet down slope to the west as shown on Figure 1. The terrain is irregular and typically steep down to the south and west with grades up to about 40 to 60%. The elevation ranges from about 8270 feet to about 8370 feet in the general proposed building area. Vegetation consists of dense aspen and scrub oak. The caved portal of a probable old exploration adit and surface disturbance from old mining activities are located directly north of the general building area and extends further to the north of the property. There is also evidence of a probable old exploration shaft near the eastern corner of the preferred building site. REGIONAL GEOLOGIC SETTING The project site is located on the eastern side of the Roaring Fork River valley, on a moraine bench on the mid slopes of Smuggler Mountain. The Roaring Fork River valley in the project area was periodically carved out by glacial scouring during the middle to late Pleistocene. Four glacial outwash terraces have been mapped in the Roaring Fork River valley to the northwest of Aspen, representing at least four glacial advances and retreats (Bryant, 1971). The moraine in the project area is underlain by a Precambrian quartz monzonite stock which forms the core of Smuggler Mountain (Bryant, 1971). Quartz monzonite, granodiorite, the Peerless Formation and the Sawatch Quartzite crop out on the mountain side to the northeast the project site. Job No. 104 281 Ge tech Several northeast trending faults have been snapped in the upper Roaring Fork River valley near the project area and the Silver fault located about 1,000 feet to the northwest of the project site is the location of some of the richest ore bodies in the Aspen Mining District (Bryant, 1979). The faults in the Aspen area are geologically old and not considered to be potentially active. The closest geologically young fault zones to the project area with known or suspected post -glacial activity, movement within about the last 15,000 years, are the Williams Fork Mountain fault zone located about 60 miles to the northeast and the southern section of the Sawatch fault zone located about 40 miles to the southeast (Widmann and Others, 1998). UNDERGROUND MINE WORKINGS Extensive underground mine workings that trend to the northeast and dip steeply to the northwest are present below parts of the west face of Smuggler Mountain to the northwest of the proposed building sites, see Figure 2. Production of silver, lead and zinc in the Smuggler Mountain area began in the mid-1800's and peaked around 1890. Mining had substantially declined by the early 1930's and since 1952 very little mining has occurred in the district. The old mine maps reviewed for this study show that the proposed building sites are about 800 feet to the southeast of the major production stopes of the Smuggler and Mollie Gibson mines. However, the presence of mine tailings, mine equipment, and what appears to be an abandoned exploration adit portal and exploration shaft on and adjacent to the Result Lode property indicates that exploration operations were conducted in some capacity in the vicinity of the project site, see Figure 1. The major mines on Smuggler Mountain are inaccessible with the exception of some of the lower levels of the Smuggler Mine where limited mine tours are currently available to the general public. Ore deposition in the Smuggler Mountain area occurred mainly in the Leadville Limestone along the Silver bedding plane fault which dips down to the northwest at about 65' to 70' (Rohlfing, 1943 and Bryant, 1971). The production stopes were accessed by vertical shafts, horizontal tunnels and inclines. Job No. 104 281 G,�T'tech BUILDING SITE GEOLOGY The preferred building site is located on a northwest trending moraine bench (Qm) associated with middle Pleistocene age Bull Lake till (Bryant, 1971). The till that forms the moraine is a poorly sorted deposit of gravel, cobbles and boulders in a silty sand matrix. The cobbles and boulders are subangular to subrounded and are mostly crystalline rock types present in the upstream drainage basin. Some boulders exposed at the project site are up to several feet in diameter. The glacial moraine bench at the project site appears to have had a stable geologic history with respect to slope instability. Man - placed fill (af) related to road and driveway construction covers parts of the property. FIELD EXPLORATION The field exploration for the project was conducted on June 8, 2004. Two exploratory pits were excavated at the locations shown on Figure 1 to evaluate the subsurface conditions. Access to other parts of the preferred building site was not practical due to the steep and irregular terrain. The pits were dug with a landscape trackhoe. The pits were logged by a representative of Hepworth-Pawlak Geotechnical, Inc. Samples of the subsoils were taken by disturbed sampling methods. Depths at which the samples were taken are shown on the Logs of Exploratory Pits, Figure 3. The samples were returned to our laboratory for review by the project engineer and testing. SUBSURFACE CONDITIONS Graphic logs of the subsurface conditions encountered in the exploratory pits are shown on Figure 3. The subsoils consist of about I1/2 to 4 feet of topsoil and fill overlying relatively dense, silty sand with gravel, cobbles and boulders. Digging in the dense granular soils was difficult due to the cobbles and boulders and practical refusal to digging was encountered in the exploratory pits. Job No. 104 281 G(�'cPtech -5- Laboratory testing performed on samples obtained from the pits consisted of gradation analyses. Results of gradation analyses performed on a disturbed bulk sample (minus 5 inch fraction) of the natural coarse granular soils are shown on Figure 4. No free water was encountered in the pits at the time of excavation and the subsoils were slightly moist to moist. GEOLOGIC ASSESSMENT Geologic conditions that could be potentially hazardous or present an unusually high risk to the proposed development were not indicated by this study. _There are, however, several conditions of a geologic nature that should be considered in project planning and design. These include old mine workings, construction related slope instability and earthquakes as discussed below. The rock outcrops to the northeast of the property, in our opinion, are not sources of potential rockfall impact to the designated building sites. OLD MINE WORKINGS As discussed in the Underground Mine Workings section of this report, the preferred and alternative building sites are located well away from the major production stopes and the main mine shafts but there are indications that some underground mineral exploration has been done in the project area. In our opinion, the risk of mine related problems is low at both the preferred and alternative building sites. As part of the site specific geotechnical study it is recommended that the possible old exploration shaft at the preferred building site be evaluated by subsurface exploration to assess its depth and the need for stabilization. Excavations for the building construction should be observed for evidence of other mineral exploration shafts that are not apparent at the present ground surface. CONSTRUCTION RELATED SLOPE INSTABILITY The glacial moraine in the project area appears to have had a stable geologic history with respect to slope instability. However, deep cuts into the moraine could have a risk of construction -related slope instability if grading for the proposed residence is not properly Job No. 104 281 G,! �Tf 'tech WON engineered. Preliminary recommendations to reduce the risk of construction related slope instability are presented in the Site Grading section of this report. EARTHQUAKE CONSIDERATIONS The project area could experience earthquake related ground shaking. Historic earthquake ground shaking in the region has been moderately strong, but has not exceeded Modified Mercalli Intensity VI (Kirkham and Rogers, 1985). Modified Mercalli Intensity VI ground shaking should be expected during a reasonable exposure time for the proposed residence, but the probability for stronger ground shaking is low. Intensity VI ground shaking is felt by most people and causes general alarm, but results in negligible damage to structures of good design and construction. Structures should be designed to withstand moderately strong ground shaking with little or no damage and not to collapse wider stronger ground shaking. The region is in the 1997 Uniform Building Code, Seismic Risk Zone 1. Based on our current understanding of the earthquake potential in this part of Colorado, we see no reason to increase the previously accepted seismic risk zone for the region. PRELIMINARY DESIGN RECOMMENDATIONS The conclusions and recommendations presented below are based on the proposed development, subsurface conditions encountered in the exploratory pits, and our experience in the area. The recommendations are suitable for planning and preliminary design but a site -specific study should be conducted at the selected building location. FOUNDATIONS Bearing conditions could vary depending on the specific location of the building on the property. Based on the nature of the proposed construction, spread footings bearing on the natural subsoils should be suitable for building support. We expect the footings can be sized for an allowable bearing pressure in the range of 3000 psf to 4000 psf. Nested boulders and soils loosened by boulder removal may need treatment such as enlarging footings or placing compacted fill or concrete backfill. Foundation walls should be Job No. 104 281 C,�c[tech -7- designed to span local anomalies and to resist lateral earth loadings when acting as retaining structures. Below grade areas and retaining walls should be protected from wetting and hydrostatic loading by use of an underdrain system. The footings should have a minimum depth of 42 inches for frost protection. FLOOR SLABS Slab -on -grade construction should be feasible for bearing on the natural granular soils below the topsoil or on properly placed and compacted structural fill. There could be some post construction slab movement at sites with variable subgrade conditions. To reduce the effects of some differential movement, floor slabs should be separated from all bearing walls and columns with expansion joints. Floor slab control joints should be used to reduce damage due to shrinkage cracking. A minimum 4 inch thick layer of free - draining gravel should underlie basement level slabs to facilitate drainage. UNDERDRAIN SYSTEM Although free water was not encountered in the exploratory pits, it has been our experience in mountainous areas that local perched groundwater can develop during times of heavy precipitation or seasonal runoff. An underdrain system should be provided to protect below -grade construction, such as retaining walls, crawlspace and basement areas from wetting and hydrostatic pressure buildup. The drains should consist of drainpipe surrounded above the invert level with free -draining granular material. The drain should be placed at each level of excavation and at least 1 foot below lowest adjacent finish grade and sloped at a minimum 1 % to a suitable gravity outlet. SITE GRADING The terrain is typically steep and there is a risk of construction -induced slope instability. The building should be located in the less steep parts of the property and cut and fill depths should be limited. Cut depths for the building pad and driveway access should not exceed about 10 to 15 feet without stabilization measures to maintain stability. Fills should be limited to about 10 feet deep, especially where they encroach steep downhill Job No. 104 281 Ptech sloping areas. Structural fills should be compacted to at least 95% of the maximum standard Proctor density near optimum moisture content. Prior to fill placement, the subgrade should be carefully prepared by removing all vegetation, topsoil and existing fill. The fill should be benched into the portions of the hillside exceeding 20% grade. The on -site granular soils excluding oversized rock and topsoil should be suitable for use in embankment fills. Permanent unretained cut and fill slopes should be graded at 11/z horizontal to 1 vertical or flatter and protected against erosion by revegetation, rock riprap or other means. Oversized rock from embankment fill construction will tend to collect on the outer face and precautions should be taken to prevent rockfall into downhill developed property. This office should review site grading plans for the project prior to construction. SURFACE DRAINAGE The grading plan for the subdivision should consider runoff from steep uphill slopes through the project. Water should not be allowed to pond which could impact slope stability, pavements and foundations. To limit infiltration into the bearing soils next to the building, exterior backfill should be well compacted and have a positive slope away from the building for a distance of at least 10 feet. Roof downspouts and drains should discharge well beyond the limits of all backfill and landscape irrigation should be restricted. LIMITATIONS This study has been conducted according to generally accepted geotechnlical engineering principles and practices in this area at this time. We make no warranty either express or implied. The conclusions and recommendations submitted in this report are based upon the data obtained from the field reconnaissance, review of published geologic reports, the exploratory pits located as shown on Figure 1, the proposed type of construction and our experience in the area. Our services do not include determining the presence, prevention or possibility of mold or other biological contaminants (MOBC) developing in the future. If the client is concerned about MOBC, then a professional in this special field of practice Job No. 104 281 CuPtech should be consulted. Our findings include interpolation and extrapolation of the subsurface conditions identified at the exploratory pits and variations in the subsurface conditions may not become evident until excavation is performed. If conditions encountered during construction appear different from those described in this report, we should be notified so that re-evaluation of the recommendations may be made. This report has been prepared for the exclusive use by our client for planning and preliminary design purposes. We are not responsible for technical interpretations by others of our information. As the project evolves, we should provide continued consultation, conduct additional evaluations and review and monitor the implementation of our recommendations. Significant design changes may require additional analysis or modifications to the recommendations presented herein. We recommend on -site observation of excavations and foundation bearing strata and testing of structural fill by a representative of the geotechnical engineer. Respectfully Submitted, HEPWORTH - PAWLAK GEOTECHNICAL, INC. M/I Arthur D. Buck Engineering Geologist and by: .PA TCA Steven L. Pawlak, P.E. * 15222 ADB/ksw •s cc: OTAK Colorado- Attn: Doug Dotson Job No. 104 281 ► i G�cPtecfl -10- REFERENCES Bryant, Bruce, 1971. Geologic Map of the Aspen Quadrangle, Pitkin County, Colorado. U.S. Geological Survey, Geologic Quadrangle Map GQ-933. Bryant, B., 1972 Map Showing Mines, Prospects and Areas of Significant Sih'er, Lead and Zinc Production in the Aspen Quadrangle, Pitkin County, Colorado: U.S. Geological Survey Map I-785-D. Bryant, B., 1979, Geology of the Aspen I5-minute Quadrangle, Pitkin and Gunnison Counties, Colorado: U.S. Geological Survey Professional Paper 1073. Kirkham, R. M., and Rogers, W. P., 1985. Colorado Earthquake Data and Interpretations 1867 to 1985. Colorado Geological Survey Bulletin 46. Rohlfing, D. P. 1943, Map of Workings in the Aspen Mining District, Pitkin County, Colorado: U. S. Geological Survey Mine Map Files, Denver, Colorado. Widmann, Beth L., Kirkham, Robert M., and Rogers, William P., 1998. Prelinzinary Quaternary Fault and Fold Map and Database of Colorado. Colorado Geological Survey, Open File Report 98-8. Job No. 104 281 C, �Icrtech Explanation: of Man Placed Fill Qm Glacial Moraine Exploratory Pit: Approximate location of exploratory pit. Contact: Approximate location of geologic contact. HEPWORTH-PAWLAK Result Lode Mining Claim, Smuggler Mountain, Aspen 104 281 Figure 1 GEOTECHNICAL, Inc. Site Geology Map and Locations of Exploratory Pits Explanation: aStopes: Worked out production slopes (Rohlfing 1943). Q Main Shafts: Main mine shafts (Rohlfing, 1943). ■ Secondary Shafts: Secondary mine shafts (Bryant, 1972). Adits and Inclines: Portal of adits and inclines (Bryant, 1972 and Rohtfing, 1943). Dip of Workings: Average dip of mapped mine workings in degrees. 0 500 ft. t I 1 Scale: 1 in. = 500 ft. August2004 1042811 HEPWORTH-PAWLAK I Result Load GEOTECHNICAL, Inc. Mapped Underground Mine Workings and Entrances Figure 2 PIT 1 PIT 2 ELEV. = 8359' ELEV. = 8354' 0 0 a o. b a� I� o' i 5 °� =0. 5 °' 0 9• I +4=60 1 0 °O8 1 -200=10 _J �p _J 10 10 LEGEND: MFILL; silty sandy gravel, cobbles and boulders, loose, brown. NTOPSOIL; silty sandy gravel with roots. o! GRAVEL, COBBLES AND BOULDERS (GM —GP); slightly silty, sandy, dense, moist, brown, subangular oa4.' to rounded rock 1 Disturbed bulk sample. _ J TPractical digging refusal on boulders. NOTES: 1. Exploratory pits were excavated on June 8, 2004 with a backhoe. 2. Locations of exploratory pits were measured approximately by pacing from features shown on the site plan provided. 3. Elevations of exploratory pits were obtained by interpolation between contours on the site plan provided and checked by instrument level. The logs are drawn to depth. 4. The exploratory pit locations and elevations should be considered accurate only to the degree implied by the method used. 5. The lines between materials shown on the exploratory pit logs represent the approximate boundaries between material types and transitions may be gradual. 6. No free water was encountered .in the pits at the time of excavating. Fluctuation in water level may occur with time. 7. Laboratory Testing Results: +4 = Percent retained on the No. 4 sieve —200 = Percent passing No. 200 sieve HEPWORTH—PAWLAK 104 281 LOGS OF EXPLORATORY PITS Figure 3 GEOTECHNICAL, INC. MM MENNEN MINIM Mm MINNOW MINNIE MENNEN rMINNOW • �. �� :GRADATION ATTACHMENT M PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PROJECT: Result 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review, Special Review and GMQS Exemption, and Request to Modify Road Maintenance Classification LOCATION: Smuggler Mountain Road PID#273707400042 APPLICANTS: Tulasi Wilkinson and Smuggler Ridge Associates LLC REPRESENTATIVES: Doug Dotson & Dave Myler DATE: May 14, 2004 PLANNER: Suzanne Wolff, 920-5093 Type of Application: 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review, Special Review and GMQS Exemption for a TDR Receiver Site, and Request to Modify Road Maintenance Classification Description of Project/Development: The parcel was legally created via court partition, but does not have a development right. Applicant is requesting approval to utilize one TDR to obtain a development right for the parcel and to establish a building envelope for a single family residence and accessory uses. Applicant is also requesting approval to modify the maintenance classification for a portion of Smuggler Road from "limited" to "love' in order to allow plowing and maintenance to the property. Land Use Code Sections to Address: • Article 2, Land Use Policies ■ Section 3-60, Environmental & Aesthetic Standards — within the mapped Scenic Overlay ■ Section 3-70, Water Resources • Sub -Section 3-80-050, Geologic Hazard Areas: Slopes in excess of 15% or 30%? Mapped potential avalanche. ■ Sub -Section 3-80-070, Wildfire Hazard Areas: Mapped severe wildfire area. ■ Sub -Section 3-80-080, Wildlife Habitat Areas: Within or adjacent to mapped elk winter range, severe winter range & critical habitat ■ Section 3-110, Improvements & Services ■ Section 3-210, Special Review ■ Section 3-310, TDRs ■ Sub -Section 9-110-042(A), GMQS Incentive for Development Utilizing TDRs — New Lots Also address Sub -Section 3.06 of the Pitkin County Asset Management Plan — Amendment and Modification of Maintenance Classification Review by: BOCC Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Staff will refer to: County Engineer, Wildlife Biologist, County Road & Bridge (Bert Pearce), Open Space & Trails, City of Aspen, Aspen Fire, Zoning, East of Aspen Caucus FEES: $5,486 (make check payable to "Pitkin County Treasurer") Planning flat fee: $4,085 (non-refundable; based on 19 hours of staff time; if staff review time exceeds 22.8 hours, the Applicant will be charged for additional time in excess of 19 hours at a rate of $215/hour) o $2,150 1041 Hazard Review o $1,075 Special Review o $860 Scenic Overlay Review Wildlife Biologist: $520 County Engineer: $546 ➢ Public Notice fee: $25 ➢ Clerk fee: $310 To apply, submit 12 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request and addressing compliance with the Code sections listed above. 2. Draft 1041 hazard review site plan 3. Wildfire hazard rating from a County certified wildfire expert. 4. Geologic hazards/avalanche report. 5. Proof of ownership of subject property 6. Parcel description, including legal description and vicinity map 7. Total fee/deposit for review of the application 8. Documentation of how and when the parcel was created (1 copy); 9. Documentation of chain of title/non-merger of lands for the subject parcel and all adjacent parcels from title company or attorney (1 copy); 10. Documentation of adequate legal access to the parcel (1 copy); 11. Signed fee agreement (1 copy) 12. Consent from owner(s) to process application and authorizing the representative (1 copy) 13. List of all adjacent property owners and mineral estate owners (1 copy) 14. Copy of this preapp form (1 copy) NOTES - PLEASE SUBMIT TWO-SIDED COPIES OF ALL APPLICATION MATERIALS (IF POSSIBLE). ALL MAPS SHALL BE FOLDED. 1> This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. 0 ATTACHMENT N ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC. NEPA••WILDLIFE••VEGETATION••WILDFIRE MITIGATION —WETLANDS —PLANNING July 23, 2004 Otak, Inc. 36 North 41h Street Carbondale, CO 81623 RE: Result Parcel, 1041 Wildfire Hazard Review Dear Mr. Dotson Please submit this letter with your application to Pitkin County. I visited the Result Parcel on Smuggler Mountain in Pitkin County, on July 2, 2004. Mr. Dotson is preparing a 1041 site review for the potential construction of a single family home. The property and area around it are considered "High Hazard: Brush", due to the fact that the slope is greater than 20% (actual slope averaged 30%) and the fuels were continuous. However, the proposed building envelope is on a bench, with slopes around 10%. Uphill of the road, slopes exceed 50%, and development on such slopes is very discouraged. Therefore, the following Mitigations are recommended for vegetation around the house, and any new construction: I. Vegetation a) Brush, debris, and non -ornamental vegetation shall be removed within a minimum thirty (30') perimeter around all structures. Two clumps not exceeding 15' wide of brush may remain within 30' of the structure as long as they are limbed up to 8'. Aspen trees may remain. b) Vegetation shall be reduced to break up the vertical and horizontal continuity of the fuels at a minimum of 60' perimeter around proposed structures (or to property boundaries). Aspen trees may remain. c) Planting of aspen is allowed. However, no aspen trees may be within 10' (as measured from the edge of the crown) of the proposed structures. New or to -be -installed coniferous trees may not be within 40' (as measured from the edge of the crown) of the proposed 0222 BOBCAT LANE • REDSTONE • COLORADO • 81623 PHONE/FAX: (970) 963-2190 • CELL: (970) 309-4454 EMAIL: ERICPETTERSON@MSN.COM Result Parcel 1041 Wildfire Hazard Retim, September 7, 2004 structures. d) No trees maybe within 10' of any window. e) No branches shall be within 15' of chimneys. f) From the 30' perimeter around the house, out to the 60' perimeter (or the property boundaries), brush and shrubs that are taller than 4' shall be thinned to 3 times the height of the fuels. Brush and shrubs shorter than 4' shall be thinned to 2 times the height of the fuels. g) All thinned snowberry, serviceberry, or chokecherry stumps must be painted with Garlon® (or equivalent) herbicide to prevent aggressive re -sprouting. h) All deadfall and dead branches/stems to the property boundaries shall be removed. i) Within 30' of the structure, vegetation should be less than 12" tall, except for aspen trees. j) Within a 20' perimeter of the house, vegetation shall be kept to less than 6" tall, unless it is widely scattered small planters, forbs, and other ornamental species. Shrubs within a 40' perimeter shall be installed so that they do not form a continuous fuels profile. k) The property owner shall be responsible for the continued maintenance of the defensible space vegetation requirements. i Vegetation must be dramatically thinned closer to house, and as thinning moves further away- from the structure, less thinning is required. Aspen tree may remain. Coniferous (evergreen) vegetation is not allowed within 40' of the house. J Rocky Mountain Ecological Services, Inc 2 Result Parcel 1041 Vildfire Hazard Review September 7, 2004 The following Modified Structural Design and Construction Standards are recommended for any new structures: II. Projections: Projections at the roofline (which includes, but are not limited to: eaves, cornices, soffits and roofs over open decks) shall be sheathed with materials approved for one -hour fire -resistive construction. 2. For projections below the roofline (including, but not limited to: exterior balconies, decks, porches, and bay windows which extend over a flat or sloped surface), the open space between grade and the underside of projections below the roofline shall be enclosed by solid, vertical walls. These walls shall be constructed with materials approved for one -hour fire -resistive construction on the exterior side of the wall, and shall extend from the top of grade to the underside of the floor decking or walls of the projection, OR: 3. Any porch or deck or projection shall be void of vegetation below it, and areas below such projections shall be protected from accumulation of vegetation materials by placement of a vegetation barrier covered with rocks or gravel, or by coverage with concrete or stone. Walls underneath projections shall be constructed with materials approved for 1 hour fire -resistive construction on the exterior side of the wall. Pillars or columns shall be of non-flammable materials, or if wood, made out of heavy log construction. The underside of any porch, deck or projection shall be sheathed in 1 hour fire resistive materials, or with fire - retardant treated wood. 4. An alternative for a deck or porch is use of non-flammable hardscaping (flagstone, cement pad, etc.) that is at least 18' wide. Some planters may be in this area, but cannot contain trees (except aspen) or shrubby species. Ill. Windows and Doors Glazed openings shall be provided with closable, solid, exterior non- flammable shutters, or tempered glass, on the downhill side and sides of the house. Doors shall be noncombustible, or one and three -fourths inch (1% ") solid wood, and any glass in the doors shall be tempered. oS *Rocky Mountain Ecological Services, Inc Result Parcel 1041 Wildfire Hazard Aetnety IV. Exterior Walls and Siding September 7, 2004 1. Exterior walls and siding shall have a minimum one -hour fire resistive rating on the house. V. Foundations and Stilt Construction 1. Foundations, skirting and crawl space openings shall be fully enclosed and constructed with materials approved for 1 hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls. 2. Stilt foundations shall be fully enclosed and constructed with materials approved for 1 hour fire -resistive construction on the exterior side of the walls and shall extend from the top of grade to the underside of the floor decking or walls (not including porches, patios, etc.). VI. Roofing 1. Any new roofs shall be constructed with a non-combustible roof covering on a Class A roof assembly (see UBC 1997 Section 1504). 2. Minimal roof pitch will be 3:12 on any new roofs. 3. Vents shall be screened with corrosive resistant wire mesh, with mesh '/4" maximum on any new or existing roofs. VII. Maintenance 1. Roofs and gutters shall be kept clear of debris. 2. Yards shall be kept clear of all littler, slash and flammable debris 3. All flammable materials (including firewood) shall be stored on a parallel contour a minimum of 30' from any structure, or within a separate structure. 4. Vegetation within a 30'-foot perimeter shall be maintained to a height not more than six inches, or if ornamental, shall be irrigated and kept free of dead materials. 5. Litter and other flammable materials (including brooms, newspaper, old wood, flammable mulches, etc.) shall not be left adjacent to any structure. Vill. Miscellaneous 1. Fences shall be kept clear of brush and debris, and must have at least a 3" gap between the fence and the main structure. Non-flammable, or treated wood fencing material is recommended within 30' of the house. Fences shall be kept clear of vegetation. Roc Mountain Ecological Services, Inc Rocky oS Result Parcel 1041 Wildfire Hatiard Review September 7, 2004 2. Any outbuildings or additional structures shall adhere to the same standards as the main house. 3. Each structure shall have a minimum of one ten -pound ABC fire extinguisher. 4. Addresses shall be clearly marked with 2" non-combustible letters and shall be visible at the primary point of access from the public or common access road and installed on a non-combustible surface. 5. Fuel or propane tanks shall be installed underground with an approved container. IX. Access 1. No shrubs or conifers are allowed within 10' of the driveway. Aspen are permitted within 10' of the driveway, but must be pruned to 10' above the ground. 2 Low vegetation (grasses, forbs and low shrubs) shall be kept mowed to less than 6" within 10' of either side of the driveway. X. Water Supply 1. Any fire department recommendation for individual structure water supply and storage shall be accessible to fire department vehicles from the exterior of the structure through a Fire Department approved mechanism (such as a fire hydrant). The amount of storage capacity shall be determined by the fire protection district. 2 XI. Utilities All structures greater than 5,000 square feet in size shall be required to install in-house sprinkler systems that meet the standards of the local fire protection district and the UBC. At building permit submittal, the local fire protection district may require smaller structures to be sprinkled due to hazard considerations, emergency access difficulties and lack of proximity to fire protection services. 1. Utility lines shall be buried. ?�C�ckyMountain Ecological Services, Inc °g 5 Result Parcel 1041 Wire Hazard Rern'ew September 7, 2004 XII. Building Envelope and Wildfire Hazard Area Delineation Concurrent with building permit submittal, a site plan that meets the requirements of section 5-70-040 shall be submitted that delineates all development within a building envelope (wildfire mitigation, and creation of defensible space, may occur outside the building envelope). Wildfire hazard areas shall be delineated within the building envelope consistently with the definitions of section 3-80-070A.1; provided that, in the case of varying hazard levels within the building envelope, it shall be sufficient to label the entire envelope with the highest level hazard. The building envelope and a hundred -foot radius surrounding all structures shall be clearly labeled as either: low hazard, medium hazard; or severe hazard. XIII. Review Process 1. All development shall be reviewed for compliance with this section. Along with a building permit application, the property owner shall submit a site plan that shows the mitigation set -backs detailed in this document, at the time of a building permit submittal. 2. Mr. Dotson or the owner shall have Eric Petterson and/or the Fire Marshall review the thinned vegetation prior to occupancy of the new dwelling due to the constrained area available for fuels thinning opportunities, and the desires to minimize impacts to vegetation profiles on Smuggler Mountain. The standards stated in 3-80-070 Wildfire Hazard Areas, has been slightly modified for the conditions at this property. Thank you for this opportunity to comment on this property, and please feel free to call if you have any questions. Sincerely, Eric Petterson Principal Ecologist Rocky Mountain Ecological Services, Inc. ,;7A!!ox'cky Mountain Ecological Services, Inc ATTACHMENT O ROCKY MOUNTAIN ECOLOGICAL SERVICES, INC. NEPA•-WILDLIFE--VEGETATION--WILDFIRE MITIGATION--WETLANDS--PLANNING July 27, 2004 Otak, Inc. 36 North 41h Street Carbondale, CO 81623 RE: Result Parcel, Smuggler Mountain. 1041 Wildlife Impact Review Dear Mr. Dotson Please submit this letter with your application to Pitkin County. I visited the Result Parcel on July 2, 2004. The owner would like to prepare a 1041 review for the property for the potential future construction of a single family home. The property is located on Smuggler Mountain in Pitkin County. This report covers the biologically significant wildlife issues associated with proposed development on the property. This wildlife analysis is conceptual, based upon the current level of project planning. The Result parcel is approximately 79 acres. Please see the location map at the end of the document. This wildlife analysis is based on current conditions, and expected wildlife use in the area given the current human occupation and use of the area, as well as expected impacts from construction activities on the property. Discussions with the Colorado Division of Wildlife have not occurred for this property. This report was produced to address potential issues regarding Pitkin County Land Use Code 3-80-080 Wildlife Habitat Areas. PROPOSED ACTIVITIES The owners of the Result Parcel and their representative Mr. Doug Dotson of Otak, Inc. are proposing the construction of a new residential home on a bench at the far western side of the property. The size of the single family residence has not yet been decided, but will likely be approximately 5,000sq ft. EXISTING CONDITIONS The development area is on Smuggler Mountain, approximately 2.13 miles up the Smuggler Road, or .75 miles linear distance from the parking lot at the base of the 0222 BOBCAT LANE - REDSTONE - COLORADO - 81623 PHONE/FAX: (970) 963-2190 - CELL: (970) 309-4454 EMAIL: ERICPETTERSON@MSN.COM Result Parcel 1041 Wildlife Retien, July 27, 2004 Smuggler Road. The area around the property is a mix of old mining claims that are being used for residential development, and public lands owned by Pitkin County, the Bureau of Land Management, and the U.S. Forest Service. In the immediate area of the parcel, there are six parcels owned by private entities, and two of those currently have homes on them; the Joplin parcel (owned by Mr. Loud), and the Silver Brick parcel. The two existing homes are fairly large, being 5,900 and 6,900 square feet respectively. Smuggler Mountain historically was the site of very intensive silver mining, and contained the Smuggler Mine, which was the most productive silver mine in Aspen, and arguably in the state. Much of the lower reaches of Smuggler Mountain are tailings from the Smuggler Mine. The town of Aspen is very close, approximately .8 miles to the west southwest of the parcel. The Result parcel is bounded by private lands (mining claims) to the west, and the White River National Forest to the east and BLM to the southeast. The Smuggler Road switchbacks up the mountainside, and is a very popular hiking trail for residents and visitors in the Aspen area. The road has some vehicular use from people accessing USDA Forest Service lands to the east. Many people hiking the Smuggler Road have dogs with them, many off -leash. Smuggler Mountain is dominated by Gamble's oak (Quercus gambelii) stands, with aspen (Populus tremuloides) in the drainages and higher on the mountain. The majority of the property is dominated by steep (50%) slopes, mostly east of the road. Aspen stands have dense understories consisting of serviceberry (Amelanchier alnifolia), chokecherry (Prunus virginiana), Wood's rose (Rosa woodsii), some Gamble's oak, American vetch (Viscia americans), and other forbs and grass - likes. This hillside, with its steep slopes and thicket - like vegetation, is very difficult for people to cross. At the western end of the parcel, on the other side of the Smuggler Road is a small bench. This bench may be partially natural, and somewhat augmented by tailings from an abandoned mine. The vegetation on this bench is very similar to the steep slopes east of the road- dominated by an aspen overstory, with serviceberry, chokecherry, snowberry (Symphorocarpos oreophilus), geranium (Geranium richarsonii), Wood's rose, and orchard grass (Dactylis glomerata), false Salomon's seal (Maianthemum (Smilacina) stellatum), bearberry (Arctostaphylos uva-ursi), bedstraw (Galium septentrionale), Indian paintbrush (Castelleja spp.), monument plant (Frasera speciosa), sweet cicely (Osmorhiza depauperata), and American vetch. Rocky Mountain Ecological Services, Inc Result Parcel 1041 Wildlife Retiew Julp 27, 2004 Noxious weeds on the property included oxeye daisy (Chrysantheum leucanthemum), yellow toadflax (Linaria vulgaris), plumeless thistle (Carduus acanthoides) and hounds tongue (Cynoglossum officinale). Noxious weeds were scattered and had fairly low cover. There are no permanent or intermittent surface waters on the property, aside from what may run down the road during snowmelt or during high intensity thunderstorm events. Habitats in the greater area within and around the subdivision are characterized by a combination of widespread mesic oakbrush stands, aspen stands dominating the higher elevations and reaching down the slopes in more mesic and north facing habitats, and mixed conifer (Douglas -fir (Pseudotsuga menziesh) and Engelmann spruce (Picea engelmannii)) stands that occur in deeper drainages. The greater area is dominated by oakbrush and mixed shrub communities, with an aspen component on higher elevations and more northerly aspects. The town of Aspen dominates the valley floor. WILDLIFE USE ON THE PROPERTY Current wildlife use on the property was estimated based on habitat conditions, personal observation, and reference to CDOW WRIS maps. The habitat on the property supports various seasonal migratory and breeding birds, as well as year round resident bird species. During the site visits, black -capped chickadee, hairy woodpecker, American robin, ruby - crowned kinglet, red-naped sapsucker, spotted towhee, house wren, western flycatcher, Stellar's jay, and magpie were observed. Black bear (Ursus americanus) are very common in the area, utilizing native vegetation as well as opportunistically feeding in the town of Aspen. The Colorado Division of Wildlife (CDOW) WRIS maps show the area as a human -bear conflict area, as well as a fall concentration area. Habitat on the property can also support habitat for various raptors, including saw -whet owl, great -horned owl, Cooper's hawk, sharp -shinned hawk, red-tailed hawk, and possibly golden eagle. ?tky Mountain Ecological Services, Inc Result Parcel 1041 U/' ildltfe Review BIG GAME USE July 27, 2004 Mule Deer Mule deer are common in the area year-round, but during the winter months, deer more heavily utilize south facing oakbrush stands (and south facing aspen stands with shrubby understories) on Smuggler Mountain. As the parcel has a draw dominating the eastern side of the property, this draw receives significant snow loading during the winter, generally precluding most deer use. The aspen stands on the property showed evidence of significant snow accumulation and given the steep slopes would also discourage winter foraging deer. Small parts of the parcel likely melt off during the winter, allowing easier browsing for deer. During the summer months, the dense understory brush and steep slopes would make the area valuable for deer cover, however with the high amount of human use of the road and many off -leash dogs on the road, deer use on the parcel (at least within 100' of the road) is likely diminished. WRIS maps show the greater area as mule deer summer range. Elk Current CDOW WRIS maps delineate the majority of Smuggler Mountain as elk winter range, with a polygon covering the eastern face of the mountain as elk severe winter range. This winter range shifts to elk summer range higher on the mountain on USFS lands. Elk use throughout the area can be intense, but intermittent and likely used by smaller bands of elk, rather than large herds. Depending on snow depths, small herds of elk will utilize the area, moving through the more open oakbrush stands where snow depth is shallower than the more shaded areas. On the property, elk severe winter range is shown as being at the far eastern edge of the property. The steep slopes that dominate the eastern side of the property hold deeper snow loads during the winter, and this would likely preclude most winter elk use. The main impact to elk use in the area is likely the dog walking and hikers on the Smuggler Road. In the brief time that I was on the site, about half of the people walking up the road had dogs, and only a couple of those dogs were on leashes. This may not be a significant issue to big game in the summer, when most animals move higher into the mountains, but during the winter (if dog walking on the road is still common), then this may discourage elk use along the Smuggler Road corridor. ?!Cky Mountain Ecological Services, Inc Result Parcel 1041 [ ildlife Rerien• EFFECTS OF PROPOSED DEVELOPMENT Nlp 27, 2004 Big Game Proposed construction on the property should have only minor impacts to elk use in the area. As the building will be close to the road (the eastern part of the parcel is extremely steep to allow construction, therefore I am assuming construction will likely occur on the bench just adjacent to the western side of the road), the human use of the road has already impacted elk and deer use patterns in the area. Therefore, direct impacts associated with the construction will not likely negatively impact deer or elk populations in the area, but may impact individual animal's behavior and movement patterns. Increased road traffic of construction vehicles may negatively impact individual animals that are close to the road off -site of the parcel. After construction, if the occupant has a dog, the extremely high dog walking on the road would likely far outweigh the impacts of a resident's dog on the property. However, if the resident's dog is allowed to run loose, the dog may have more impacts during the nighttime hours than the typically diurnal dog walking use on the road. Additionally, a resident dog would likely have an impact to winter time big game use in the area if the dog is allowed to run loose or barks. Decreases in deer use are potentially similar to decreases in elk use. The loud noises and high levels of human activity during construction will likely preclude deer use during those activities. Loss of deer browse will be very minor, due to some more thinning of oakbrush stands and aspen understories (service berry and chokecherry) for wildfire mitigation. The decrease in deer use in the area during construction, and minor loss of browse will not likely have negative population impacts to mule deer in the area. The current high level of dog walking on the road likely already keeps many deer away from the immediate corridor along the Smuggler Road. Post construction, the main impact to deer in the immediate area around the new home will be from dogs on the property. If dogs are allowed to run loose or bark, then this may preclude deer use around the property, especially during evening hours. Other wildlife Black bear use of the area may potentially decrease during construction due to human activity, but if construction crews leave open dumpsters, or leave trash around the area, bears may become more of a nuisance as they would increase their activity in the area looking for edible refuse. Red fox use may also increase in the area due to edible human refuse, and long term increases in red fox in the area may have a negative impact to nesting bird species, as fox will prey on birds opportunistically. Cutting of larger diameter aspen trees to clear a homesite may decrease the availability of potential nesting trees for cavity nesting birds in the area. As the mix of oak brush and aspen stands hold very high bird diversity, the immediate site impacts of construction to birds may be noticeable, but should not negatively impact populations of any of the bird species in particular. Rocky Mountain Ecological Services, Inc Result Parcel 1041 Wildlife Retzew MITIGATION RECOMMENDATIONS July 27, 2004 As the current wildlife use in the area is dominated by black bear use, bird species use, and to a lesser degree big game, the following mitigations are recommended to reduce impacts to these wildlife taxa: Biq Game K Dogs must be leashed or kenneled, especially during the winter when elk utilize the area, to ensure they do not harass wintering big game, or during spring (May -June) fawning for deer. Dogs should be kept within a fenced yard or leashed to contain them from running freely- especially during the winter, spring and evenings. Enclosed runs or yards should be immediately adjacent to the home and should not exceed 1,000 square feet. Homeowners are encouraged to keep their pets indoors to protect pets from mountain lion or black bear attacks and to keep them from harassing other wildlife species. At no time are dogs allowed to run freely on the property. When dogs move beyond their owner's designated building envelope, the dog(s) should be controlled by a leash of no more than 12 feet in length, under the direct control of its owner or authorized representative, unless the dog is legally hunting with its owner or authorized representative, or is being trained for such a purpose. Visitors and guests of residents should comply with all dog and pet control measures applicable to this property. Stray dogs may also be controlled by the County and CDOW. Homeowners not in compliance with these dog restrictions n incurred by the County and/or CDOW for enforcing these provisions. 3. Homeowners should avoid feeding dogs or cats and other pets outside their homes, including decks, to avoid attracting nuisance wildlife or predators. Free roaming dogs and cats may become prey for other species. 4. CDOW and County representatives may be granted access to the property to enforce any of the dog restrictions and other wildlife restrictions set within these recommendations. CDOW enforcement may include the capture or destruction of any dogs running at large on the property, regardless of where the dogs may have originated 5. Any fencing (aside from kennels or other fences designed to contain pets) should be constructed to facilitate the movement of wildlife across the property. Fencing J#WRocky Mountain Ecological Services, Inc Result Parrel 1041 li""il(Mife Retien, Birds Jul) 27, 2004 should be limited to a maximum of three strands of wire or two rails. Rails should not be more than four inches thick or tall (as measured perpendicular from the ground). The top rail or wire strand should not be higher than 42 inches above the ground. With the exception of a split -rail, round rail, or peeled log fence types, wooden fences should not have a top cross member whose width exceeds one inch, unless (1) designed to preclude > 3 inches of snow accumulation on the top rail, which has been known to restrict game movements, or (2) where some section of fence rails would be routinely and seasonally removed, as specified below, to facilitate wildlife movements. The middle wire strand should be no higher than 30 inches above the ground level, providing a 12 inch kickspace below the top strand or rail. The bottom rail or wire strand should be at least 18 inches above mean ground level (but in the case of a wooden rail not higher than 30 inches), to provide sufficient clearance for passage of elk calves, deer fawns and other wildlife. Although fence lines may be designed with removable sections, they should still be built to the above specifications to facilitate local wildlife movements outside of migratory periods. There should be no fencing of individual lot lines. Homeowners may be permitted a privacy fence to enclose a limited area provided it is immediately adjacent to the house and is entirely within the designated building envelope. Homeowners are also discouraged, but not prohibited, from fencing all or portions of the designated development envelope with wildlife restrictive fencing to exclude big game from landscaped areas. Many Sensitive bird species utilize the area, including: ■ Pygmy nuthatch • Western tanager • Olive -sided flycatcher (and other flycatcher species) • Various warbler species • Northern three -toed woodpecker Therefore, pet cats should remain indoors, as cats will readily prey upon these species and can have a significant impact on bird use in the area and on bird populations. 2. Bird feeders are discouraged due to the heavy black bear use in the area. Bird feeders can be used in the winter (from mid November through mid March), as bears are hibernating during this time. 3. As the area can contain high numbers of cavity nesters, larger aspen trees, and especially trees with cavities (woodpecker holes) should be preserved if possible, or nest boxes may be installed if many aspen trees need to be removed. JORWocky Mountain Ecological Services, Inc Result Parcel 1041 [F ildklJ Rerierr Bears /uly 27. ?0O4 Black bears are very common in the area from spring (April) through fall (late November). There are existing problems with bears, garbage, and people in Pitkin County and some bears have shown signs of habituation and aggression towards residents. The following measures should be implemented to reduce potential bear problems: 1. There should be no dumps that have edible materials associated with the construction. 2. Residential garbage should be placed in bear -proof dumpsters, individual bear - proof trash containers, or kept in trash cans inside closed buildings. 3. Residents must not use a compost pile if they have gardens. 4. Pets should not be fed outside. Bowls of pet food left around buildings will attract bears and other predators (e.g. coyotes or red fox) and nuisance species (e.g. skunks, raccoon, woodrats) of wildlife. 5. Homeowners should be educated about bears and other local wildlife via a homeowner's brochure, such as that produced by the CDOW. 6. Acorns should be raked up and moved off site during the fall when bears depend heavily on this mast, if acorn production in augmented by irrigation around the house. Mountain Lions Mountain lions may be present year-round near the property where subdivisions have encroached upon mountain lion habitat containing high concentrations of prey species, encounters between lions, humans, and their pets and livestock have increased. The following measures should be implemented to minimize lion -human conflicts: 1. Residents and perspective residents should be aware that Smuggle Mountain is located in mountain lion habitat. Residents and perspective residents should receive a copy Rocky Mountain Ecological Services, Inc In other areas of Colorado, M Result Parrel 1041 11"7ldlr%e Rerreu, lnh 2-7, 2004 of the CDOW's educational homeowner's brochure explaining what they should be aware of regarding lions, measures they can take to increase their safety and that of their pets, and what to do if a close encounter occurs. 2. With the exception of winter bird feeders, the feeding baiting, salting, or other means of attracting wildlife will be prohibited on site. Thank you for the opportunity to comment on this property. Please feel free to call if you have any questions regarding this report. Eric Petterson Principal Ecologist Rocky Mountain Ecological Services, Inc. Rocky Mountain Ecological Services, Inc t j�ta ► ,, 14 14 41; FON-W-4-11CMUK - - P 0 N n N P L� l `1 %: :.r_ ..M •,.\�\..-... ^_ =i.'- t rJid?� {- rt' J !�'i.l Vi;. j: �_�.:==�c:.: .: •.,t ,C .ems!.. .- ��;�� ;y:��;,ti'i�^�.;'45' t 't ,tip i`•r••i'JI� I •,` � �;� �_��"-��',..�\�.._. �.�J..•.i < :+[; _ _ I I \\\\ �.I1fl gy.r t �,!II�I �a=•'i.f '� �� � ,- .�.; �. � ��,� ,..illy_"� ��,� ---t •jr I If l % �.. e _ - r ,.t €-• .��:C-:1•:'!' P � .a',;Y \,L �� 4 � �J 1 - � 9 ) i- rye../�`�•, �'� J.. �� ��� ,�, �� ' ire :�`. ��z,�f, �l'�.. ,::._ •%: /�,o:;'.;��••:- :: f 1 � I - it - '�`nrl.�%�?{� N �� �Y, •1�� a+4. • +a ~� ec co �• �.-yr rr�! ".,ter I c S a of m rn QfCD CL - _ r _ a .•ate _•i=�. _ I C N 1 1 ATTACHMENT P CY MOUNTAIN ECOLOGICAL SERVICES, INC. 'ILDLIFE••VEGETATION••WILDFIRE MITIGATION ••WETLANDS••PLANNING July 27, 2004 Otak, Inc. 36 North 41h Street Carbondale, CO 81623 RE: Result Parcel, Smuggler Mountain. 1041 Stream Margin/Wetlands Review Dear Mr. Dotson Please submit this letter with your application to Pitkin County I visited the Result Parcel on July 2, 2004. The owner would like to prepare a 1041 review for the property for the potential future construction of a single family home. The property is located on Smuggler Mountain in Pitkin County. The Result Parcel was surveyed for wetland characteristics (as defined by the January 1987 version of the Army Corps of Engineers Wetlands Delineation Manual and with reference to the standards for Stream Margin Review in Section 26.435.040 C of the Aspen Land Use Code. The Result parcel is approximately 79 acres. Please see the location map at the end of the document. RESULTS The Result Parcel does not have any wetlands on the property that fit the criteria defined by the January 1987 version of the Army Corps of Engineers Wetlands Delineation Manual and in view of standards for Stream Margin Review in Section 26.435.040 C of the Aspen Land Use Code. The property may have free surface waters during snowmelt and during high intensity thunderstorms, but this water or any subsurface waters have produced a combination of at least two of the following: 1. Wetland hydrology 2. Wetland soils 3. Wetland vegetation Thank you for the opportunity to comment on this property. Please feel free to call if you have any questions regarding this report. Eric Petterson Principal Ecologist Rocky Mountain Ecological Services, Inc. H222 BOBCAT LANE • REDSTONF. • C01MRADO • 81623 PHONE/FAX: (9-0) 963-2I90 • CELL: (970) 309-4454 KM\1L: F:RICPFTTERSONLJISN.COM RMENT Q Owners Within 250 Feet of Subject Property Parcel ID: 40783 Fidelity Trust Building Inc. c/o George M. Wilkinson PO Box 4067 Aspen, CO 81611 Parcel ID: 36831 Montgomery & Paula Loud PO Box 11660 Aspen, CO 81612 Parcel ID: 36820 City of Aspen 130 S. Galena St. Aspen, CO 81611 Parcel ID: 38223 Jaya Wilkinson PO Box 4692 Aspen, CO 81612 Parcel ID: Unavailable United States Forest Service ATTACHMENT R PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and (hereinafter APPLICANT) AGREE AS FOLLOWS: 1. APPLICANT has submitted to COUNTY an application for (hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 018-2004 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required findings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on _ hours of staff time, and if actual time spent by staff to process the application exceeds the average number of hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY APPLICANT Cindy Houben Community Development Director Sm vy /ps4,4, Na v),,W&L Signature Date: 0� Mailing A dreks: 0 Of Smuggler Result Property Application for Special Review Use for a TDR Receiver Site k�es September 13, 2004 List of Attachments Attachments A. Consent to Application B. Property Legal Description C. Disclosure of Ownership D. Mining Claim Patent E. Vicinity Map F. List of Adjacent Property Owners G. Pre -application Conference Letter H. Signed Fee Agreement TO: Pitkin County Planning Office FROM: Smuggler Ridge Associates, LLC Tulasi Wilkinson REPRESENTED BY: Otak Inc. Doug Dotson 36 North Fourth Street Carbondale, CO 81623 Phone: (970) 963-1971 Fax: (970) 963-1622 Freilich, Myler, Leitner, Carlisle David Myler 106 South Main Street Aspen, CO 81611 Phone: (970) 920-1018 I. Purpose of this Application Smuggler Ridge Associates and Tulasi Wilkinson, as co -applicants, have previously submitted an application to Pitkin County for the purpose of establishing a TDR receiver site on the Smuggler Result Mining Claim to create a development right for the property. The applicant's requested a Special Review for this purpose and GMQS exemption. In that application, the applicants also requested a 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review, and modification of the County road maintenance classification. The applicants now request consideration for designating the property as a second TDR receiver site, through the "Special Review for TDR Receiver Site" process, for the purpose of allowing an expansion of the building square footage beyond 5,750 square feet. This action was discussed in a previous pre -application meeting with the County staff. Rather, than submit a single application that included a request for two TDR receiver sites, the applicants chose to divide the request into two separate applications. An application submitted previously requested 5,750 square feet. In this application, the applicants respectfully request that Pitkin County approved an additional 2,500 square feet which, when combined with the original request, would allow up to 8,250 square feet on the property, which will be measured according to the County's land use regulations. Therefore, the applicants are requesting Special Review approval in accordance with Section 3-210 and 9-110-042 of the Pitkin County Land Use Code. In the pre 'ous application, the a icant requested up to fiv drooms. If granted a second TDR receiv e, the applicants req the option to exceed fi drooms, but not to exceed seven. This reque uires special revie se consideration. II. Parcel Ownership A. Consent to the Application. Provided in Attachment A is a consent and authorization to process this land use application, signed by the owners of the property. B. Owners Names, Addresses, Phone Numbers Smuggler Ridge Associates, LLC C/O Paul Zakovich 5460 South Quebec Street Suite 300 Greenwood Village, CO 80111 Phone: (303) 809-0290 Fax: (303) 770-7383 Tulasi Wilkinson PO Box 4692 Aspen, CO 81612 Phone: (970) 948-2611 C. Property Legal Description. The legal description of the property is provided in Attachment B. D. Disclosure of Ownership. Tulasi Wilkinson is the owner of the Result Mining Claim. An ownership and encumbrance report prepared by Pitkin County Title is provided in Attachment C, which identifies the owner of the property and mineral reservations. III. Project and Property Description A. The Parcel The Result Mining Claim, USMC No. 6044, is described in a Patent recorded in Book 175 at Page 225 in the records of the Pitkin County Clerk and Recorder, a copy of which is provided at Attachment D. The Result Claim is about 7.1 acres. There is a .5 acre portion of the Result that is actually detached from the main portion of the parcel due to an overlap with the Contraband Mining Claim. The original application submitted by the applicants will restrict the .5 acre parcel so that it is considered part of the Result, and not a separate parcel. B. Parcel Ownership The Result Claim was, for some time held with a bundle of mining claims under one ownership. A court ordered marital settlement divided the ownership, such that Talusi Wilkinson was granted ownership of the Result Claim. Smuggler Ridge Associates is the contract purchaser of the property. Although it is recognized by the County as a subdivided parcel, it does not have an established development right. The first application submitted to the County by the applicants requested the establishment of a TDR receiver site for the purposes of establishing said right and to permit the construction of a dwelling unit of up to 5,750 square feet. C. Parcel Location The Result Claim is located near the base of Smuggler Mountain in Pitkin County. It is located immediately above the Stanger (Erck) and the Loud residences. A vicinity map, showing the location of the property, is provided in Attachment E. D. Current Zoning The current zoning for the property is AFR-10. The zoning allows one single family detached dwelling of up to 15,000 square feet, subject to compliance with County regulations and plans. E. Current Land Use Application As noted above, the applicants have submitted an application to Pitkin County. That application was submitted on September 10, 2004. If that application is approved, the property would be exempt from GMQS for up to 5,750 square feet of building area, as measured under the current County land use regulations. That application also requested Scenic Overlay review and 1041 Hazard Review for the purposes of establishing a building site on the property. IV. Section 3-210, Special Review This application proposes to use a second TDR for the purposes of adding up to 2,500 square feet to the previously requested 5,750 square feet for the Result Mining Claim and the option to add up to two additional bedrooms. The transfer of a development right from the Rural/Remote zone district to a separate parcel in Pitkin County is exempt from growth management, provided that the transfer is consistent with the Special Review standards of the Pitkin County Land Use Regulations. A. The special review use shall consider the applicable County Master Plan. Response: The Result Mining Claim is within the East of Aspen/Independence Pass Master Planning Area. That plan notes: l . There may be limited development along Smuggler Road. The home proposed in the application submitted to Pitkin County on September 10, 2004 will be located along Smuggler Road near the base of the mountain. It is in close proximity to two single family dwellings. These are the Loud and Stanger (Erck) properties. The Stanger property already exceeds the total square footage requested in this Applicant's combined application, (which includes 5,750 square feet in the original application and up to 2,500 square feet requested in this application). The Loud residence is now about 5,000 square feet. The Loud's recently requested a special review for a TDR receiver site to allow an expansion up to 8,500 square feet. That request is now being considered by Pitkin County. 2. The Plan notes that the AFR-10 zone district, which this property is currently zoned, allows one dwelling unit per 10 acres of land. While this parcel is less than 10 acres, it is a legal non -conforming lot. (The Loud parcel, for which a similar request has now been made to Pitkin County, is only 3.4 acres.) 3. In January 2000, the growth management regulations were amended to limit the size of new homes to 5,750 square feet, which may be exceeded subject to purchase of a TDR as a growth management exemption or through GMQS competition. This application is requesting consideration of designating the Result Mining Claim as a second TDR receiver site for the purposes of allowing an additional 2,500 square feet to be constructed on the property. 4. It is the policy of the Plan to maintain the visual quality of the area, specifically from Highway 82. As noted in the original application, a visual analysis of the view of the property from Highway 82 was conducted. There are very few places along the roadway within Aspen where the property is visible from the highway. In most places it is blocked from view by street trees and buildings. To help mitigate any visual impact that may occur as the result of constructing a residence on the property, the original application proposed a number of architectural design and lighting guidelines that will help to blend a structure into the surrounding mountain environment. Any additional square footage approved under this application would be subject to those same architectural design and lighting guidelines. 5. It is a policy of the Plan that new development is encouraged to implement water conservation measures. As noted in the previous application, the home design will employ all appropriate and reasonable water conservation measures. Any additional square footage approved under this application would be subject to those same measures. Specific methods will be defined in plans submitted for a building permit. 6. The Plan notes the Smuggler Road is classified as a primitive and scenic access road, which is gravel and has low traffic volumes. The previous application requested a modification of the road maintenance classification to extent the current grading and maintenance practices that now exist just past the Stanger (Erck) residence to this property. The additional square footage and bedrooms allowed under this application would not adversely affect Smuggler Road. As noted elsewhere in this application, given the existing levels of development, there are likely 50 or fewer trips per day on the lower portion of Smuggler Mountain, which is below its probable design volume. This project will likely add fewer than 15 trips per day. Both will be an extension to the home, used by members of the owners family. It is unlikely that most bedrooms will be occupied full-time. 7. While the Plan notes that housing on the lower portions of Smuggler Mountain are acceptable, with development no higher than the existing level of development (excluding the cooper house located higher on the side of the mountain). It should be pointed out that: a. The Stanger (Erck) home is already higher on the side of the mountain than the cooper house. b. Portions of the Result parcel are actually at the same elevation as the Stanger (Erck) and Loud properties. During the 1041 review, (see previous application), two potential building sites were described within the Result property. One of the alternatives is at nearly the same elevation as the two existing, adjacent homes. However, it was believed the proposed home site would have fewer impacts, including scenic quality impacts. While the County will consider whether a TDR receiver site is appropriate at this location for additional square footage, there are already two comparable, if not larger homes, nearby. Given that these impacts exist, it might be appropriate to remove the development potential from a more sensitive rural/remote area and place it at this location. C. The Result parcel might be the last development property in this immediate area that can be developed under the current AFR-10 zoning. The County may consider a new transitional zone district to replace the nearby AFR-10 zone. If that should happen, requests similar to those made in the applicant's two applications, might no longer be possible. All things considered, the applicant believes that this request is consistent with the Plan. B. The special review use shall not conflict with any applicable section of the Pitkin County Land Use Code, including the County Land Use Policies in Article 2. Response: The original application and the additional square footage and bedrooms requested in this application do not conflict with any applicable sections of the Code, including all dimensional limitations, including setbacks and building height. Consistency with Article 2 is noted below. 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 property is zoned AFR-10, which allows up homes of up to 15,000 square feet. The potential for this square footage is established under Section 3-40-090 of the Land Use Code. The purpose of this application is to allow the applicants to exceed the GMQS exempted square footage allowance of 5,750, by establishing a second TDR receiver site to allow an additional 2,500 square feet, or a total of up to 8,250 square feet on the Result property. The entire 8,250 square feet of building area would be confined within an area defined by the building setback noted on the 1041 hazard site plan. 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: First, the 2,500 square feet of building area will be in addition to the GMQS exempted square footage allowance of 5,750, which as noted herein is subject to a separate application to Pitkin County. All of the square footage and up to two bedrooms would be confided to a development area that was identified in that previous application. Therefore, there would be no additional impact to the natural mountain side outside of that building area or to the scenic qualities that, to the extent there will be an impact, have been addressed in the original application. A 1041 wildlife impact report was submitted previously. It was prepared by Rocky Mountain Ecological Service. It did not find that the construction of a home on this property would create significant wildlife impacts in this area. Any impact of additional square footage would be negligible. 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 pedestrians 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 in accordance with the County's dimensional limits and other regulations, along with the architectural design and lighting design guidelines provided in the previous application. As a result, the project will blend with the surrounding mountain side, possible more so than the existing residences. Given the proposed location of the additional square footage, it will not have any adverse effects on the neighboring properties. If the request in the previous application is approved, it is reasonable to assume that much of the additional square footage noted in this application would be constructed on the back side of a 5,750 square foot structure. The result would be of little if any visual consequence. The property is generally not visible from Smuggler Road above the site due to the large shrub vegetation that aligns that section of the road. The additional square footage to the house and bedrooms is primarily for the livability of the house that will be located on the Result property. It will be used by the owner and occupant of the property and family members. While additional square footage might result in additional bedrooms, any impacts from those bedrooms will be intermittent and will not have a continuous effect on the road. It appears that the home proposed in the combined applications would generate less than 15 trips per day when fully occupied. Given the existing levels of development, there are likely less than 50 vehicle trips per day on the lower portion of Smuggler Road now. This should be less than the recognized design capacity of the road. 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 previous application addressed the impact on these services. If the request in that application is approved, the additional square footage requested optional bedrooms in this application will not make any additional demands for these services. The project will not be connected to a public drainage conveyance system, but rather will be addressed within the Result property. Water and sewage disposal will be on -site. Both were addressed in the previous application. There is already a well on the property. An exempt well permit, allowing up to 15 gallons per minute was issued for this well previously. The applicant has requested that the permit be reissued. The applicant expects that this will occur by the end of October 2004. The applicant has agreed to comply with all County regulations related to water and sewage disposal. The Aspen Fire District station is less than 1.5 miles from the property. The applicant has requested a modification to the road classification standard, which would allow maintenance to the driveway access. The District's response time will be about five to six minutes to the site, which is comparable or better than at other locations served by the District. Moreover, there will be an on -site fire suppression provided in the structure. G. An application for a special review use must be demonstrated to the Board of County Commissioners that the proposed development will not: a) materially endanger the public health, safety or welfare or b) substantially injure the value of adjoining or abutting properties. Response: Because of the manner in which a house would be sited on the Result property, it will not affect either of the nearby residential properties. Because the additional square footage will add only a small amount of traffic to Smuggler Road, it will not affect either of these residential properties or the public use of the road. Existing traffic on the road has not demonstrated a significant safety problem in this area. V. Article 2, Land Use Policies A. Community Balance Response: The applications submitted by the applicant demonstrate that the proposed residence can be sited and designed in a manner that will not degrade the qualities of the natural environment and resources. The size of the proposed home is generally typical of that found elsewhere, not only nearby, but in other areas surrounding Aspen. The additional design guidelines and size of the home will help to minimize its impacts on its surroundings, more so than nearby homes. By consolidating TDR at this location, which as noted herein in close proximity to other homes of comparable or larger size, this action will help to preserve and protect other areas that are clearly rural/remote and in environmentally sensitive locations. B. Comprehensive Plan Response: This application previously addressed the matter of consistency with the applicable Master Plan. The proposes included in the combined applications, continues to be consistent and compatible with the low density mountainside. It is not in the Urban Growth Boundary. The comprehensive plan suggests that some portion of Smuggler Mountain might be rezoned. This has not occurred at this time and the specific boundaries of a rezone are, therefore, not known. The proposed project is consistent with the character of the nearby residential uses. C. Phasing of Public Services and Facilities Response: Smuggler Road provides access to the property. The road is maintained by the County to a location just below the proposed development site. The applicant, in a separate application, requested in this application that the County extend the maintenance of Smuggler Road possible another 750 feet to provide maintained access to this property. The Smuggler Road Settlement Agreement, which was a basis for that request, was addressed in that previous application. This application does not affect the provision of public services and facilities. D. Development or Expansion of Ski Areas Response: Not applicable E. Compatibility with Existing Adjacent Neighborhoods Response: This application describes how this project is consistent with the surrounding neighborhood. Additional square footage and bedrooms will not affect either of the adjacent residential properties or the qualities of the surrounding mountainside. F. Natural and Man-made Hazard and Resource Areas Response: Not applicable. G. Soil, Surficial Geologic Characteristics and Radiation Response: A preliminary geotechnical analysis of the site was prepared by Hepworth Pawlak and submitted with the previous application for this property. Given that the additional square footage and bedrooms would be constructed within the building setbacks, neither will affect the findings of that study. H. Drainage Response: The project does not affect or interrupt any naturally occurring drainage channels. A detailed grading and drainage plan will be submitted for County review and approval with a building permit application, prior to any development activity on the site. I. Erosion Response: A detailed grading, drainage, and erosion control plan will be submitted for County review and approval with a building permit application, prior to any development activity on the site. Scenic Quality Response: The additional square footage or bedrooms would have little if any noticeable impact on the scenic quality overlay standards of the County. The square footage proposed in this application will be an addition to a structure that is up to 5,750 square feet. The additional massing created under this application will generally be behind or below (walkout basement) that will not be evident when viewed from Aspen below or from Aspen Mountain, across the valley to the south. It should be pointed out that these improvements are not generally visible from Smuggler Road above the Result property. Most of Smuggler Road is aligned with tall shrub vegetation, which blocks view into the site. There is only a small opening in the vegetation where a structure might be noticeable. The applicant has proposed design guidelines to address this. K. Air Quality Response: It is not anticipated that the additional square footage/bedrooms or the traffic it generates will adversely affect air quality. It has not been demonstrated that either of the nearby homes have resulted in air quality issues. The applicant agrees that the residence will comply with all County regulations related to fire places and solid fuel burning devises. The applicant will pave or chip seal the driveway to control from that source. L. Water Resources Impacts Response: This project will not adversely affect the quantity, quality, or accessibility of the water resources in the area. It will have a well that will be capable of serving a home of up to 8,250 square feet. There are two nearby single-family dwellings which have not had any known effect on local water resources. There are no surface ditches, streams, or wetlands on the property. M. Noise Response: It is not anticipated that the single family dwelling will generate significant noise. To the extent that noise will be generated, it will occur primarily during construction. This will be for only a short period. Following construction, noise levels should be no different from that generated from nearby residential dwellings. N. Wildlife Management Response: The impacts to wildlife were considered by a County certified wildlife biologist (Rocky Mountain Ecological Services). RMES concluded that the proposed residence should not affect wildlife in an unacceptable manner. The additional square footage and bedrooms will be located in the area defined by the building setbacks and will not affect any other part of the property or use of surrounding properties. O. Adequate Provision for Water Needs Response: A well exists on the property. An exempt well permit was previously issues for the well. The applicant has made application to the State to reissue the permit. It is anticipated that the permit will be reissued by mid October 2004. The permit allows up to 15 gallons per minute, which is sufficient for the total square footage proposed on the property. The applicant agrees that the well will comply with all other applicable County requirements. P. Sewage Treatment Response: Sopris Engineering has evaluated the site and determined that, if property engineered, an on -site wastewater disposal system will work at this location. The system must be sized in a manner to accommodate the square footage requested in this application. Q. Impacts on Road System Response: As noted previously, the additional square footage to the house is primarily for the livability of the house that will be located on the Result property. It will be used by the owner and occupant of the property and family members. While additional square footage might result in additional bedrooms, any impacts from those bedrooms will be minimal, infrequent, and will not have a continuous effect on the road. R. Logical Extension of Utilities Response: All of the necessary utilities are immediately adjacent to the Result property. Extension will be minor and placed underground, in accordance with County policies. S. Transportation Response: The proposed project is not immediately accessible from public transit. However, Smuggler Road is heavily uses as a public trail. The project location is near the base of Smuggler Mountain and will, therefore, be accessible from that trail. T. Energy Conservation Response: A specific plan has not been developed for the proposed residence, including the additional square footage proposed in this application. Specific architectural plans will comply with all applicable building codes related to energy conservation. The proposed residence will have outstanding solar access due to its orientation. U. Compatibility with and Access to Public Lands Response: This project will not affect that the availability or quality of public lands. While the Result parcel is adjacent to the USFS lands, the proposed home is sited in such a manner that it will affect the scenic character or environmental significance of those lands. The project will not affect access to public lands. VI. Sections 3-310 and 9-110-042, TDRs The Land Use Code allows development rights to be transferred from the Rural/Remote zone district to other appropriate locations to bring about the protection of lands within the Rural/Remote zone district, subject to the following criteria: A. The receiver site must obtain special review approval. Response: The purpose of this application is to request special use approval for the purposes of establishing a second TDR receiver site on the Result Mining Claim to allow up to an additional 2,500 square feet on the property. The justification and reasons for establishing a second TDR receiver site on the Result property are described in this application. B. Receiver site has potential to receive TDRs. Response: There are no specific regulations in the Land Use Code itself that would prohibit this site from being a TDR receiver site. While the East of Aspen/Independence Pass Master Plan does address areas where development might be appropriate on the lower portion of Smuggler Mountain, it is a general description. It has been pointed out that the Stanger (Erck) house is already above the cooper house noted in the Plan. It is also noted in this application that the home site on the Result property, (defined in a separate application), is very close to the two other homes. It was determined in that application that there is a possible building site on the Result that is at virtually the same elevation as the Stanger (Erck) and Loud homes. However, the building site proposed in a separate application is favored for several reasons, which are fully described in that application. The applicant agrees to comply with the County's procedures, standards and criteria for creating this second TDR receiver site on the Result property and severing the development from an eligible preservation site, including the process for establishing a closing date to culminate the TDR exchange. The applicant anticipates that, along with a building permit for any portion of this additional square footage described in this application, the applicant will submit an executed irrevocable certificate of TDR and a recorded deed demonstrating the transfer of the certificate to the applicant. C. Receiver site is located anywhere in Pitkin County. Response: The request in this application complies with this requirement, in that the Result property is located in Pitkin County. D. Uses proposed on the receiver site must be consistent with underlying zone district. Response: The AFR-10 zone district allows a dwelling of potentially up to 15,000 square feet. A residence of up to 5,750 square feet is addressed in a separate application. The additional square footage under this application would be up to 2,500, or a total of 8,250 for the property. This is less than the potential allowed in the AFR-10 zone district. E. Aggregation of TDRs permitted on a single receiver site. Response: This application complies with this criteria. ATTACHMENT A. Sep-01-04 04:30pm From -REAL ESTATE COMPANIES 3037707383 T-580 P 03/03 F-084 Smuggler Ridge Associates 5460 S. Quebec #300 Englewood, Co 80111 303-721-1516 September 1, 2004 Susanne Wolff Pitkin county Planning Department 130 S. Galena Street Aspen, Colorado 81611 RE: Result Mining Claim 1041 Hazard Review Application Dear Ms. Wolff: I hereby authorize Doug Dotson of Otak, Inc., and David Myler of Freilich, Myler, Leitner, Carlisle to act as my designated representatives with respect to the land use applicant being submitted to the Pitkin County Planning Office for the Result Mining Claim, NO.6044. Mr. Dotson and Mr. Myler are authorized to submit an application for the 1041 Hazard Review and conceptual submission, scenic overlay review, special review and QMQS exemption, and modification of the county road maintenance classification for Smuggler Road. They are also authorized to represent me in the meetings with Pitkin county staff and the Board of County Commissioners. Should you have any need to contact me during this review process, I can be reached at the address provided herein. Sincerely, Robert Quinette Smuggler Ridge Associates, LLC HF. 10.2004 3:23FM FREILICH MYLEH LEITNER CARLISLE NO. 102 P, 2 September 1, 2004 Suzanne Wolff Pitkin County Planning Department 130 South Galena Street Aspen, Colorado 81611 RE: Result Mitring Claim 1041 Hazard Review Application Dear Ms. Wolff - I hereby authorize Doug Dotson of Otak, Inc., and David Myler of Freilich, Myler, Leitner, Carlisle to act as my designated representatives with respect to the land use applicant being submitted to the Pitkin County Planning Office for the Result Mining Claim, No. 6044. Mr. Dotson and Mr. Myler are authorized to submit any application for the 1041 hazard Review and conceptual submission, scenic overlay review, special review and QMQS exemption, and modification of the county road maintenance classification for Smuggler Road. They are also authorized to represent me in meetings with Pitkin County staff and the Board of County Commissioners. Should you have any need to contact me during this review process, Z can be reached at the address provided in the application. Siucerely, Tulasi Wilkinson ATTACHMENT B. ATTACHMENT B. LEGAL DESCRIPTION Result, U.S.M.S. No. 6044, As described in patent recorded in Book 175 at Page 225 in the records of the Pitkin County Clerk and Recorder. ATTACHMENT C. CERTIFICATE OF OWNERSHIP Pitkin County Title, Inc., a duly licensed Title Insurance Agent in the State of Colorado hereby certifies that TULASI WILKINSON are the owner's in fee simple of the following described property: RESULT, U.S.M.S. NO. 6044, as described in Patent recorded in Book 175 at Page 187. ADDRESS ACCORDING TO THE PITKIN COUNTY ASSESSORS OFFICE: NONE ASSIGNED SUBJECT TO: ENCUMBRANCES, EASEMENTS AND RIGHTS OF WAY OF RECORD This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY TITLE, INC. RAN authorized signature CERTIFIED TO: September 7, 2004 at 8:00 A.M. Job No. 2101 m MENT D. Fresilnnt .%f t;ie Urite,7 to 'ca FAT714T, and the 3e:-1 tn,'.) derleral L-�vid OrfTce to be .mder ry h-infl -tt tr,n City of '11­s%lln,,,ton tln., twenty ninth day f 1, 1 in t 1 0 )f or_'l -,-ie the ­s.-�nJ eight hundred iuiO ninety-spnr-n, nnC -,f the Inde,tenr'cric�: -iC t!i JnIt011 StfLtOLI the on-3 hundr,­! nuid t'senty first B:, the :resident: Comp,ired McKe ar. Secret a.ry. •hecorder Of t1i ie deneral L_iL; 'I c ord t'-Le o r r ec h day -.,y — -1 . 19401 !�t 1. 5-� o !,ecordc 3391 WB UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Land Management WASHINGTON APR 29 1949 I hereby certify that the annexed copy of patent is a true and literal exemplification 1from the record which is in my custody in this office. IN TESTIMONY WHEREOF I have hereunto subscribed my name and caused the seal of this off e to be affixed, at the city of Washington, on the day and year above written. ff e Jas.F. Homer Result Robert Emmet Chef: Patents Section. *GENERAL LAND OFFICE No. 20429 . MINERAL CERTIFICATE No. 360 THE UNITED STATES OF AMERICA, JJJ To all to whom these Presents shall come, Greeting: WHEREAS, In pursuance of the provisions of the nevised Statutes of the United States, �Chapter Six, Title Thirty-two, and legislation supplemental thereto, there have been deposi ed in the General Land office of the United States the Plat and Field Notes of survey and t Certificate, No. 360, of the Register of the Land office at Glenwood Springs in the State o Colorado, accompanied by other evidence, whereby it appears that John A. Sheridian, Thos W. Gill, Daniel Carey, Morgan Jones, Wm E. Coughlin and Channing F. Meek did, on the eighteent day of February, A.D. 1991, duly enter and pay for that certain mining claim or premises, known as the Result and Robert Emmett lode mining claims designated by the Surveyor General as Lot No. 6044, embracing a portion of sections seven, eight and seventeen In township ten L;,i south of range eighty -four -west, Sixth'Principal meridian, in the Roaring Fork Mining Dist- M rict, In the County of Pitkin and State of Colorado, in the District of Lands subject to as n at Glenwood Springs and bounded, described, and platted as follows, with magnetic variation fifteen degrees east. Beginning for the description of the Result lode claim at corner No 1, a spruce post six inches square, marked 1;o4Lf_, with mound of stones, from which the breast of discovery cut bears south seventy-four degrees and six minutes east eight hundred and five feet dist- ant; the witness corner to the east quarter corner of section eighteen in township ten sout of range eighty-four west, Sixth Principal meridian bears south twenty-one degrees and twen two minutes east three thousand eight hundred and eight and seven tenths feet distant; U.S. locating momunment Ute No 4 bears south fifty-six degrees and thirty-two minutes west two thousand three hundred and 6 ight end four tenths feet distant; a spruce stump ten inches in diameter, blazed and marked B.S.T,7FL, bears south twenty-seven deg3'ees and nine minutes ea twenty-six and three tenths feet distant; corner No 1 of survey No 4471, the Contraband lod claim bears north fifty-five degrees and ten minutes east one hund d d sixty-five and fifty-six hundredths feet distant, and corner No.1 of survey No. 3a'sx 2, the Silver Brick lod claim, bears north fifty-five degrees, four minutes and forty seconds east ninety-one and eighty-one hundredths feet distant. Thence, first course, south sixty-six degrees and fifteen minutes east one hundred ant '10 sixty-nine and eighty-four hundredths feet intersect line 2-3 of survey No 5867; the Mascot lode claim, at south forty-five degrees and nine minutes west forty-four and eighteen hundr the feet from corner No 3; three hundred and fourteen and forty-five hundredths feet inter- 0-,] sect line 4-1 of said survey No. 4471; three hundred and fifty-one and fifty-nine hundredtY. 61) feet intersect line 3-4 of said survey No. 4471; four hundred and forty-one and fourteen hundredths feet intersect line 3-4 of survey No 5914, the Joplin lode claim, at north sever five degrees west forty-six feet from corner No.3; four hundred and eighty-seven and sixty- eight hundredths feet intersect line 2-3 of said survey No. 5914, at south fifteen degrees west seven and eight hundredths feet from corner No 3; one thousand four hundred and ninety eight and nine tenths feet to corner No 2. Thence, second course, north fifty-five degrees and thirty minutes east two hundred ar ninety-four feet to corner No3. ;L4 '\msand or Thence, third course, north sixty-six degrees and fifteen minutes west one tho hundred and forty-seven and thirty-one hundredths feet intersect line 3-4 of said survey NC 4471; one thousand four hundred and ninety-five and thirty-eight hundredths feet intersect line 4-1 of said survey No 3952, at north fifty-six degrees and thirty-two minutes east twc hundred and three and five tenths feet from corner No 1; one thousand four hundred and nine ty-eight and nine tenths feet to corner No 4. Thence, fourth course, south fifty-five degrees and thirty minutes west one hundred ar twenty-eight and thirty five hundredths feet intersect line 4-1 of said survey No 4471; one hundred and sixty-four and sixty-four hundredths feet intersect line 4-1 of said survey No 3952, at north fifty-six degrees and thirty-two minutes east thirty-six and ninety-five hur LN dredths feet from corner No 1; one hundred and eighty-six and two hundredths feet intersect line 3-4 of said survey No 5867, at north forty-four degrees and fifty-one minutes west on( hundred and thirty-eight and seventy-two hundredths feet from corner No 3; two hundred and ninety-four feet to corner No 1, the place of beginning; the survey of the lode as above described extending one thousand four hundred and ninety-eight and nine tenths feet in length along said Result vein or lode. Beginning for the descriptioof the Robert Emmet lode claim at corner No 5, a spruce post five inches square, marked , with mound of earth, situate at the point of inter- section of line 1-2 of this survey with line 2-3 of said surveyNo. 5867, from which a spruce stump fifteenches in diameter blazed and marked B,S.1031p�bears south sixty degree 0 and twenty-seven minus west nineteen and eight tenths feet distant; corner No 4 of sAid I survey No 5914 bears uth three degrees and fifty-three minutes east forty-three and sixt, two hundredths feet distant; corner No 3 of said survey No. 5867 bears north forty-five de: grees and nine minutes east forty-four and eighteen hundredths feet distant, and corner No 1 of this survey bears north sixty six degrees and fifteen minutes west one hundred and sixty-nine and eighty-four hundredths feet distant. . Thence, first course, south sixty-six degrees and fifteen minutes east one hundred an( forty-four and six tenths feet intersect line 4-1 of said survey No 4471, at south thirty- four degrees and thirty minutes east two hundred and sixty-eight and forty-one hundredths feet from corner No 1; one hundred and eighty-one and seventy-four hundredths feet interse, line 3-4 of said survey No 4471, at north fifty-five degrees and thirty minutes east nine- teen and fifty-five hundredths feet from corner No 4; two hundred and seventy-one and twen, -five degre( nine hundredths feet intersect line 3-4 of said survey No 5914 at north seventy feet intersect line 2-3 of said survey No 5914, at south fifteen degrees west seven and eight hundredths feet from corner No3; one thousand three hundred and twenty-nine and five hundredths feet to corner Not, of the-s survey; one thousand five hundred feet to corner No 6. Thence, second course, south forty-five degrees and nine minutes west two hundred and seventy nine and twenty-five hundredths feet to corner No 7. Thence, third course, north sixty-six degrees and fifteen minutes west one thousand and forty and twenty-eight hundredths feet intersect line 2-3 of said survey No 5914; one thous -and three hundred and forty-three and eighty-one hundredths feet intersect line 4-1 of said09 survey No 5914, at south fifteen degrees west two hundred and twenty-four feet from corner No 4; one thousand five hundred feet to corner No 8, from which the breast of discovery cut bears south eighty degrees and nineteen minutes east six hundred and seventeen and twenty- nine hundredths feet distant. Thence, fourth course, north forty-five degrees and nine minutes east two hundred and seventy nine and twenty-five hundredths feet to corner No 5, the place of beginning; the surf vey of the lode as above described extending one thousand five hundred feet in length along j said Robert Emmett vein or lcde E ressly exce tin and excludin from these presents all that portion of the ground, herein a ore descr describe embraced in sa d mining claims or surveys Nos. 3952, 4471, 5867 and 5914, and also all veins, lodes and ledges, throughout their entirA depth, the tops or apexes of which lie inside of such excluded ground; the granted premises in said let No 6044 containing fourteen acres and eight hundredths of an acre of lad, more or less. n NOW KNOW YE, That there is therefore hereby GRANTED by the United States unto the said John A. Sheridian, Thos. 'N. Gill, Daniel Carey, Morgan Jones, Wm E. Coughlin and Channing F.'Q/p Meek and to their heirs and assigns, the said mining premises hereinbefore described, and not expressly excepted from these presents, and all that portion of the said Result and Robert Emmett veins, ledes,or ledges and of all other veins, lodes, and ledges, throughout their entire depth, the tops or apexes of which lie inside of the surface boundary lines of i said granted premises in said Lot No. 6044 extended downward vertically, although such veinsr lodes, or ledges in their downward course may so far depart from a perpendicular as to extend outside the vertical side lines of said premises: Provided, That the right of possession to: such outside parts of said veins, lodes, or ledges shall be confined to such portions there-i of as lie between vertical planes drawn downward through the end lines of said Lot No. 6044, so continued in their own direction that such planes will intersect such exterior parts of t said veins, lodes, or ledges: And provided further, That nothing herein contained shall authorize the grantees herein to enter upon the surface of a claim owned or possessed by D another: TO HAVE AND TO HOLD said mining premises, together with all the rights, privileges, 6 immunities, and appurtenances of whatsoever nature thereunto belonging unto the said grantees above named and to their heirs and assigns forever; subject nevertheless to the above-mentiori- ed and to the following conditions and stipulations: First. That 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 of said granted premises, should thelsame in its dip be found to pene- t rate, intersect, or extend into said premises, for the purpose of extracting and removing the ore from such other vein, lode, or ledge. Second. That the premises hereby granted shall be held subject to any vested and accru- e d water rights, for mining, agricultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local laws, customs, and decisions of courts. And there is reserved from the lands hereby granted a right of way thereon for ditches or canals constructed by the authority of the United States Third. That in the absence of necessary legislation by CongressIthe Legislature of Colorado may provide rules for working the mining claim or premises hereby granted, involving easements, drainage, and other necessary means to its complete development. IN TESTIMONY WHnRF,OF I, Benjamin Harrison, President of the United States of America, have caused these letters to be made PATENT, and the Seal of the General Land Office to be hereunto affixed. GIVEN under my hand at the City of Washington the ninth day of April, in the year of our Lord one thousand eight hundred and ninety-two, and of the Independence of the United States the one hundred and sixteenth. By the President: Benjamin Harrison. Compared By M. McKean. �! (L.S.) ecre ary. D. P. Roberts Recorder o t e General Land Office Filed for record on the 0 h day o May A. 949, a 1: o'c oc P'.M. M 1J Ne ar ecorder. 96387 — 3391 WB UNITED STATES DEPARTMENT OF THE INTERIOR Bureau of Land Management WASHINGTON APR 29 1949 I hereby certify that the annexed copy of patent is a true and literal exemplification from the record which is in my custody in this offi-cs. IN TESTIMONY WHEREOF I have hereunto subscribed my name and caused the seal of this oOERAL to be affixed, at the city of Washington, on the day and year above written. Jas. F. Homer St. Paul Chief, Patents Section. G LAND OFFICE No. 21622 MINERAL CERTIFICAPE No. 264 THE UNITED STATES OF A1viF.RICA, To all to whom these Presents shall come, Greeting: 3 '� WHEREAS, In pursuance of the provisions of the Revised Statutes of the United States, Chapter Six, Title Thirty-two, and legislation supplemental thereto, there have been deposit t ed in the General Land Office of the United States the Plat and Field Notes of survey and the; Certificate, No. 264, of the Register of the Land Office at Glenwood Springs, in the State oft Colorado, accompanied by other evidence, whereby it appears that Geo. Moser, H. J. Turley, Charles C. Parsons, F. Meyer J. Louis Brown, George M. McAdams, Charles. W. Franklin r,"a gie F. Turley, Alice Reilly, D. C. Lyles, and td. J. Delhomaca did, on the twenty third day of December, A.D. 1889, duly enter and pay for that certain mining claim or premises, known as the Saint Paul lode mining claim designated by the Surveyor General as Lot No. 4279, embrac- ing a portion of township ten south, of range eighty-five west, Sixth Principal meridian in the Roaring Fork Mining District, in the County of Pitkin and State of Colorado, in the Dis- trict of Lands subject to sale at Glenwood Springs and bounded, described, and platted as follows, with magnetic variation fourteen degrees and forty-five minutesteast. Beginning at corner No.l a spruce post four inches square marked �s�9, with mound of stone, from which the east quarter corner of section eighteen, in township ten south of range �J eighty-four west, Sixth Principal meridian, bears north sixty-two degrees, forty-eight minutes3g and fifty seconds east seven thousanj nine hundred and forty-seven feet distant; an Aspen tree five inches in diameter marked B.T4' bears north twenty-nine degrees and fourteen minutes ea t twelve and five tenths feet distant; an aspen tree seven inches in diameter marked "B.T q" bears north sixty-eiF,ht de Frees and three minutes east twenty-eight and two tenths feet ATTACHMENT E. -RESu&.T ATTACHMENT F. Owners Within 250 Feet of Subject Property Parcel ID: 40783 Fidelity Trust Building Inc. c/o George M. Wilkinson PO Box 4067 Aspen, CO 81611 Parcel ID: 36831 Montgomery & Paula Loud PO Box 11660 Aspen, CO 81612 Parcel ID: 36820 City of Aspen 130 S. Galena St. Aspen, CO 81611 Parcel ID: 38223 Jaya Wilkinson PO Box 4692 Aspen, CO 81612 Parcel ID: Unavailable United States Forest Service ATTACHMENT G. 4 a PITKIN COUNTY PRE -APPLICATION CONFERENCE SUMMARY PROJECT: Result 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review, Special Review and GMQS Exemption, and Request to Modify Road Maintenance Classification LOCATION: Smuggler Mountain Road PID#273707400042 APPLICANTS: Tulasi Wilkinson and Smuggler Ridge Associates LLC REPRESENTATIVES: Doug Dotson & Dave Myler DATE: May 14, 2004 PLANNER: Suzanne Wolff, 920-5093 Type of Application: 1041 Hazard Review, Conceptual Submission, Scenic Overlay Review, Special Review and GMQS Exemption for a TDR Receiver Site, and Request to Modify Road Maintenance Classification Description of Project/Development: The parcel was legally created via court partition, but does not have a development right. Applicant is requesting approval to utilize one TDR to obtain a development right for the parcel and to establish a building envelope for a single family residence and accessory uses. Applicant is also requesting approval to modify the maintenance classification for a portion of Smuggler Road from "limited" to "lovV' in order to allow plowing and maintenance to the property. Land Use Code Sections to Address: ■ Article 2, Land Use Policies ■ Section 3-60, Environmental & Aesthetic Standards — within the mapped Scenic Overlay • Section 3-70, Water Resources • Sub -Section 3-80-050, Geologic Hazard Areas: Slopes in excess of 15% or 30%? Mapped potential avalanche. ■ Sub -Section 3-80-070, Wildfire Hazard Areas: Mapped severe wildfire area. ■ Sub -Section 3-80-080, Wildlife Habitat Areas: Within or adjacent to mapped elk winter range, severe winter range & critical habitat • Section 3-110, Improvements & Services ■ Section 3-210, Special Review ■ Section 3-310, TDRs ■ Sub -Section 9-110-042(A), GMQS Incentive for Development Utilizing TDRs — New Lots Also address Sub -Section 3.06 of the Pitkin County Asset Management Plan — Amendment and Modification of Maintenance Classification Review by: BOCC Public Hearing? YES. The applicant shall post a public notice sign on the property at least 15 days prior to the hearing and shall mail notice to all adjacent property owners and mineral estate owners at least 30 days prior to the hearing with the return address of the Community Development Department (copy of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County as they appeared no more than 60 days prior to the date of the public hearing. Staff will refer to: County Engineer, Wildlife Biologist, County Road & Bridge (Bert Pearce), Open Space & Trails, City of Aspen, Aspen Fire, Zoning, East of Aspen Caucus FEES: $5,486 (make check payable to "Pitkin County Treasurer") Planning flat fee: $4,085 (non-refundable; based on 19 hours of staff time; if staff review time exceeds 22.8 hours, the Applicant will be charged for additional time in excess of 19 hours at a rate of $215/hour) o $2,150 1041 Hazard Review o $1,075 Special Review o $860 Scenic Overlay Review Wildlife Biologist: $520 ➢ County Engineer: $546 Public Notice fee: $25 Clerk fee: $310 To apply, submit 12 copies of the following information, unless noted otherwise: 1. Summary letter explaining the request and addressing compliance with the Code sections listed above. 2. Draft 1041 hazard review site plan 3. Wildfire hazard rating from a County certified wildfire expert. 4. Geologic hazards/avalanche report. 5. Proof of ownership of subject property 6. Parcel description, including legal description and vicinity map 7. Total fee/deposit for review of the application 8. Documentation of how and when the parcel was created (1 copy); 9. Documentation of chain of title/non-merger of lands for the subject parcel and all adjacent parcels from title company or attorney (1 copy); 10. Documentation of adequate legal access to the parcel (1 copy); 11. Signed fee agreement (1 copy) 12. Consent from owner(s) to process application and authorizing the representative (1 copy) 13. List of all adjacent property owners and mineral estate owners (1 copy) 14. Copy of this preapp form (1 copy) NOTES PLEASE SUBMIT TWO-SIDED COPIES OF ALL APPLICATION MATERIALS (IF POSSIBLE). ALL MAPS SHALL BE FOLDED. This pre -application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staffs interpretations based upon representations of the applicant. Additional information may be required upon a complete review of the application. ATTACHMENT H. N PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT AGREEMENT FOR PAYMENT OF LAND USE APPLICATION FEES PITKIN COUNTY (hereinafter COUNTY) and&iys. LL.— (hereinafter APPLICANT) AGREE AS FOLLOWS: APPLICANT has to COUNTY an application for ?*WJJ yr 5M<< d►t— _(hereinafter, THE PROJECT). 2. APPLICANT understands and agrees that Pitkin County Ordinance No. 018-2004 establishes a fee structure for land use applications and the payment of all processing fees is a condition precedent to a determination of application completeness. The fee structure is based on the County's policy that development shall pay, in full, the cost of development review in Pitkin County. Fees have been set to be consistent and fair to the public and to reflect the expense incurred in providing such services to the public. 3. APPLICANT and COUNTY agree that because of the size, nature or scope of the proposed project, it may not be possible at the time of application to ascertain the full extent of the costs involved in processing the application. 4. APPLICANT and COUNTY agree that fees charged for the processing of land use applications shall accumulate if an application includes more than one type of land use review. 5. COUNTY and APPLICANT further agree that it is impracticable for COUNTY staff to complete processing or present sufficient information to the Planning Commission and/or Board of County Commissioners to enable the Planning Commission and/or Board of County Commissioners to make legally required fmdings for project approval, unless current billings are paid in full prior to decision. 6. Therefore, APPLICANT agrees that in consideration of the COUNTY's waiver of its right to collect full fees prior to a determination of application completeness, APPLICANT shall pay a base fee in the amount of $ which is based on hours of staff time, and if actual time spent by staff to process the application exceeds the average number of —hours by more than 20%, then the COUNTY will bill the APPLICANT quarterly for the additional time spent. Such periodic payments shall be made within 30 days of the billing date. APPLICANT further agrees that failure to pay such accrued costs shall be grounds for suspension of processing. PITKIN COUNTY Cindy Houben Community Development Director APPLICANT sm VM74)11941&� Signature Date: 0 Mailing A dressss 0 v l cv o