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HomeMy WebLinkAboutcoa.lu.sm.Colorado Cutthroat.A47-92 ; CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 6/10/92 PARCEL ID AND CASE NO. DATE COMPLETE: (0//7/901 - - - A -92 STAFF MEMBER: LL PROJECT NAME: Colorado Cutthroat Trout Stream Margin Exemption Project Address: Aspen Art Museum, 590 N. Mill, Aspen, CO Legal Address: APPLICANT: Donna Linnecke Applicant Address: Aspen Art Musuem, 590 N. Mill. Aspen, CO REPRESENTATIVE: Donna Linnecke Representative Address /Phone: Aspen Art Museum, 590 N. Mill Aspen. CO 81611 925 -8050 FEES: PLANNING $ 200 • 1 APPS RECEIVED 1 ENGINEER $ 90 i PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 290 PAID:(YES) NO AMOUNT: $ 290.00 NO. OF COPIES RECEIVED 1 / TYPE OF APPLICATION: 1 STEP: X 2 STEP: P &Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO Planning Director Approval: Paid: Insubstantial Amendment or Exemption: Date: W /1r REFS LS: City Attorney Mtn Bell School District City Engineer V Parks Dept. Rocky Mtn NatGas Housing Dir. Holy Cross State HwyDept(GW) Aspen Water Fire Marshall State HwyDept(GJ) City Electric Bldg Inspector Envir.Hlth. Roaring Fork Other Aspen Con.S.D. Energy Center Clean Air Board DATE REFERRED: OH?' /c.2 INITIALS: FINAL ROUTING: DATE ROUTED: (IN:F INITIAL:$k City Atty City Engineer _Zoning Env. Health Housing Other: FILE STATUS AND LOCATION: 0 MEMORANDUM TO: Bill Drueding, Zoning Officer FROM: Leslie Lamont, Planning DATE: September 12, 1992 RE: Cutthroat Trout Pond Stream Margin Exemption SUMMARY: Trout Unlimited, the Division of Wildlife, and members of the Art Museum propose to improve the small pond near the Art Museum and upgrade the stream channels for Cutthroat Trout rearing habitat. A stream margin exemption review is necessary for these improvements because the proposed improvements are within 100 feet of the high water line of the Roaring Fork River. Staff recommends approval of the stream margin exemption. APPLICANT: Trout Unlimited and Aspen Art Museum LOCATION: Aspen Art Museum ZONING: Public APPLICANT'S REQUEST: Stream Margin Exemption for the replacement of a headgate and culvert on the side of the Roaring Fork River. The applicants also intend to enhance the channel into and out of the existing pond on the Art Museum parcel for trout rearing habitat. REFERRAL COMMENTS: Please see attached referral from the Engineering Department. STAFF COMMENTS: The applicant proposes to create a Cutthroat Trout spawning channel in the slow moving stream and pond located on the grounds of the Aspen Art Museum. The goal is to help the Colorado Division of Wildlife and Trout Unlimited re- establish the native cutthroat trout in the Roaring Fork River thereby helping to increase west -slope native cutthroat populations. As the application indicates, the stream and pond will serve as a nursery for the cutthroats. They will spend their adult lives in the Roaring Fork River and return to the stream to spawn year after year. Fishing for trout in the nursery will not be allowed. For a successful spawning area fish eggs, adequate water velocity and quality, correct temperature, and a stream bottom lined with rounded gravel are all necessary. The applicant proposes to replace and lower the existing headgate and install a new culvert on the Roaring Fork River to increase water volume. The stream from the culvert to the pond will be modified removing material from the stream bottom and replacing it with rounded gravel. The outlet from the pond will be realigned to reduce the slow backwater at the inlet side of the pond. The spring run off is ideal for spawning provided the water volume and velocity is high enough. Originally, as a backup, the applicant proposed to install a small pump at the headgate to augment low flows. However, research indicates that a pump should not be necessary and the applicant would like to reserve the ability to amend this Stream Margin Exemption to provide a pump in the future. A pump will require a minor amendment to this review. Pursuant to Section 7 -504 B. the expansion, remodeling or reconstruction of an existing development shall be exempt from stream margin review if the development: a. does not add more than 10% to the floor area or increase the amount of building area exempt from floor area calculations by more than 25%; RESPONSE: This is only a replacement of the existing headgate and culvert. No additional development is proposed. b. does not require the removal of any tree; RESPONSE: According to the application, no trees will be removed. The applicant shall work with the Parks Department to review replacement plant species. c. is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; RESPONSE: Replacement of the headgate and culvert will be no closer to the high water line than the existing structure. d. does not fall outside of an approved building envelope; and RESPONSE: The development does not fall outside of the existing headgate. e. is located completely outside of the Special Flood Hazard Area and more than one hundred feet from the high water line of the Roaring Fork River or the expansion, remodeling or reconstruction will not cause an increase to the amount of ground coverage of structures within the Special Flood Hazard Area. RESPONSE: A general regional permit has been applied for through the Army Corps of Engineers. No work may commence until the Engineering Department has been provided a copy of the permit. 2 RECOMMENDATION: Staff recommends approval of the Cutthroat Trout Spawning Channel stream margin exemption for the replacement of the headgate and culvert, refurbishment of the stream channel and realignment of the outlet channel with the following conditions: 1. The applicant shall work with the Parks Department for selection of plant species when revegetating to ensure that species are consistent with the Roaring Fork Greenway Plan as well as existing plants in the area. 2. The new headgate shall not be installed any closer to the river than the existing headgate. 3. A letter from the District Water Commissioner, allowing the water diversion into the pond, shall be received by the Engineering Department prior to commencement of construction. 4. All digging shall be done by hand except for the work required for removing the existing headgate and culvert. 5. Prior to closure of the trail for culvert work, the applicant shall contact the Parks Department for trail closure assistance. 6. The trail shall be repaired within 48 hours with hot patch asphalt. 7. If a pump becomes necessary to ensure adequate water volumes, this stream margin review shall be amended to consider review of the pump. 8. No work shall commence until the Engineering Department has been provided a copy of the general regional permit from the Army Corps of Engineers. I hereby approve the Stream Margin Exemption pursuant to Section 7 -504 of the Aspen Land Us Cod Diane Moore, City P1anii g Director 3 • ,flit) 2 6 MEMORANDUM To: Mary Lackner, Planning Office From: Rob Thomson, Project Engineer ftc Date: June 26, 1992 Re: Colorado Cutthroat Trout Stream Margin Review Exemption Having reviewed the above application, and having made a site inspection, the engineering Department has the following comments: 1. The applicant is required to plant any disturbed areas with species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 2. A construction site drainage plan and procedure should be considered prior to the commencement of construction. The construction procedures employed must be such that no stormrunoff be permitted to drain to the Roaring Fork River from contact with disturbed earth. The construction procedure used will in no way impact the river. It is recommended that the headgate be shut off while constricting the stream width. 3. The application did not contain any details of the pump, the or the new headgate. Assuming that the pump is electric, all necessary supply must be installed underground and in accordance with the NEC. In addition an electrical permit must be obtained prior to installation. It is recommended that a small enclosure be built or provided to house the pump. The new headgate should not be installed any further into the river than the existing headgate. Every effort should be made to disturb as little of the surrounding vegetation as possible. 4. The applicant has stated that the Federal 404 permit is in the works and request for approval submitted to the State Water Engineer. The State Water Engineer needs to comment on the water right of diverting the water and for approval of pumping during low flow periods. Recommended Conditions of Approval 1. The applicant is required to plant any disturbed areas with species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 2. If the source of power for the pump is electric, an electrical permit is required. 3. The new headgate should not be installed any closer to the river as the existing one. 4. The Federal 404 permit, or a letter from the Army Corps of Engineers stating that the Federal 404 is not required, must be received by the engineering department prior to commencement of construction. 5. A letter from the State Water Engineer, referencing this project, must be received by the engineering department prior to the commencement of construction. cc: Chuck Roth, City Engineer rt/CASELOAD92.015 MESSAGE DISPLAY TO Mary Lackner CC George Robinson From: Patrick Duffield Postmark: Jul 03,92 8:28 AM Status: Previously read Subject: Art Museum Pond Improvements Message: This is just a quick review of concerns regarding this project. Try to keep from removing any riparian vegetation. Make sure there is a viable ped. /bike alternate route around co.- uction site. Please have asphalt repaired within 48 hours wit. . •atch asphalt. Please also, place appropriate signs along approac to the site allowing enough time for bikers and especially bladers 'me to react to the route changes. If you have any other problems • questions feel free to inquire. Ats all... –1: 41 < ■ U1/4.1/3-dp—casjic SEW 590 NORTH MILL STREET ASPEN, COLORADO 81611 303-925-8050 October 12, 1992 Holy Cross Electric Association 215 Ventnor Avenue Aspen, Co 81611 Attention: Craig Murray HAND DELIVER Dear Mr. Murray: During my tenure at the Aspen Art Museum both the Aspen Art Museum and the City of Aspen have shared the responsibility for maintaining the Holy Cross Electric property which neighbors the Art Museum. We have always considered this property to be jewel. It adjoins the City of Aspen's property, and provides a continuous greenspace for the presentation of outdoor sculpture and general use for the community. Two years ago in my role as Board of Trustee responsible for building, grounds, and land use I began to research a higher use for the ditch and pond located on the Holy Cross Electric property. The ditch was slow moving during most of the year and the pond was stagnant, mosquito ridden, and choked by large algae blooms. I began working with the Colorado Division of Wildlife and realized that we had the potential of reviving the water system while at the same time we could create a spawning habitat for fish. Concurrent with the development of this idea the Colorado Division of Wildlife initiated a program in conjunction with the United States Forest Service to reintroduce the Colorado Cutthroat Trout into the streams of western Colorado. This was a project that the local chapter of Trout Unlimited embraced and provided tremendous support for. The cutthroat is the only native species of trout on the western slope and it is currently a candidate for the threatened species list. The significance of reintroducing the cutthroat can be likened to the function of a canary in a mine. The cutthroat is an important indicator species about the health of the water system. By using a controlled environment like the ditch and pond as a spawning habitat we would be able to monitor the success of the adult cutthroats in the Roaring Fork River, giving us vital information about the quality of our water, the impact of introduced species such as the rainbow and brown, information about the effects of fishing pressure, and of land use among many other things. In July of 1991 the Conservation Trust of the Colorado State Lottery awarded the Aspen Art Museum $5000.00 for the continued development of this project. These funds made it possible to further develop the idea, and at that time we brought in the United States Army Corps of Engineers, the Water Commissioner, and members of the City of Aspen's Planning and Zoning Department, Parks Department, and Engineering Department, to help us bring the project to the next stage. • The changes necessary to convert the pond and ditch into a spawning and rearing habitat are simple; a new 12" inlet culvert and headgate needed to be installed (which would replace the 8" damaged culvert), and rounded washed gravel needed to be placed in the entire length of the ditch which would provide the spawning substrate. With the increased velocity that the new culvert would allow, the water temperature would be cooler, the algae blooms reduced, and the cutthroat eggs would be oxygenated. There would be no changes made to the pond, Ie. it would remain at its original size and depth which is approximately .1 surface acres. The maintenance of the project would be the responsibility of the Aspen Art Museum and Trout Unlimited. I am asking you to make it possible for us together, to realize this project. Leslie Lamont from the City of Aspen Planning and Zoning Department told me that you would have an opportunity to discuss this with other members of Holy Cross Electric Association later this week. If you consent to the use of the ditch and pond as a spawning habitat please sign this letter and return one copy of it to Aspen City Attorney John Worcester and a copy to me. I will look forward to hearing from you with any comments, suggestions or questions. With ny thanks for your consideration, Q-Wirtifer9V Do A. Linnecke Holy Cr ss Electr Association Trustee,Aspen Art Museum enclosure: map c.c.: Leslie Lamont � C . V 1 r I , . <-/ v ) `\ 4: p p `, S ` 0 SP • c \ 1( 9 • �'' ` vi a C- K. o �� ' / III11�� - �l�l n a� I��- ql,100. II I ,� .0 0 l I i.� .r 11 Al ���Id OW j 'I ;y I�i� , $ ) `► IWIIINANIFauIUM_ ` e el t l i . { kill ro oW 1lili Il ihi ll 10i -I;l .,off- . �� i Wr -II"Ill (+Ila�� Ili�1 { alms. 1 . / 7� j �� `a I I -li 9� I �_ U �� I ilf / --.'"-' Th P J 7 / E i Submit original plus 3 topics DISTRICT COURT WAFER DIVISION , COLORADO Case No. APPLICATION FOR WATER RIGHTS (SURFACE) CONCERNING THE APPLICATION. FOR WAFER RIGHTS OF: Aspen Art Museum in Pitkin County. 1. Name, address, telephone number(s) (residence and business) of applicant(s) Aspen Art Museum 590 North Mill Street Aspen, COlorado 81611 (303) 925 -8050 2. Name of structure: (ditch, spring) Electric —Art Ditch 3. Legal description of each point of diversion: (include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate 1/41/4, section number, township, range and meridian; include neap) northeast quarter of southwest quarter and the northwest quarter o the southwest quarter of section 7, township 10 south, range 84 west of the sixth principal meridian, Pitkin County, Colorado 1560' from west line 1510'from south line • • 4. Source: (tributary and river) Roaring Fork River 5. A. Date of initiation of appropriation: July 1, 1 9 40 13. How appropriation was initiated: construction of said ditch and pond C. Date water applied to beneficial use: July 1 , 1940 6. Amount claimed: 3 cfs ( X) Absolute ( ) Conditional 7. Use or proposed use: Spawning habitat for Colorado River Cutthroat Trout (salmo clarki pleuriticus) N 0..II)I' 296. Itev. 9 415. APPLICATION Mk WATER ll IIII:II'IS IStlIUPI'N) IIIi,lliall Publishing. 51125 W ML Ave., l.ula■ond, l'1) 110214 10n1 n 111 1 a f 0 A. Viz complete the following: -w' a Number of acres historically irrigated: ; proposed to be irrigated Legal description of acreage: 13. If non- irrigation, describe purpose fully. Spawning habitat for Colorado Cutthroat Trout (salmo clarki pleuriticus) ie. piscatorial 8. Name and address of owner of land on which points of diversion and place of use(s) is (are) located: City of Aspen Aspen Art Museum 130 South Galena 590 North Mill Street Aspen, CO 81611 Aspen, CO 81611 (owner) (lessee) 9. Remarks: This application is being submitted in conjunction with an application for water storage rights. The purpose of these applications is for conservation and improved habitat. The project has been designed by the Colorado Division of Wildlife, Trout Unlimited, and the Aspen Art Museum. This is a non - consumptive use of water with only minimal evaporative loss. u orn us Siyn+wr. of npplicunl lorA y Donna Llnnecke, Tr Aspen Art Museum 590 N. Mill Aspen, CO Addr.....d A mr AlbnMyl 81611 ,Na,m.Nn.L303) 925 -8050 Al nrn y He pidrmion N. STArL' OF COLORADO � rK / � ss. C • OUNTY OF 1 no N N4 L/At NECKt` , state under oath that I have read this application and verify its content. 2 0„___._ 1 rli`Ed Donna Linnecke, Trustee Aspen Art ` Subscribed under oath before me o , AMU -4I . Museum date My commission expires- a, 41' / ' DEBRA SUE IDEKER - NOTARY PUBUC . ` =° f/ 1 i MY COMMISSION EXPIRES 03-0495 Nmnry rublic BANK OF ASPEN P.O. BOX 0 ASPEN, COLORADO 81812 tiubmil uri plus -topics DISTRICT COURT, WATER DIVISION , COLORADO Case No. APPLICATION FOR WATER STORAGE RIGHT CONCERNING THE APPLICATION FOR WATER RIGHTS OF: Aspen Art Museum ill Pitkin County. 1. Name, address, telephone number(s) (residence and business) of applicant(s) Aspen Art Museum 590 North Mill Street Aspen, Colorado 81611 (303) 925 -8050 2. Name of Reservoir: Electric—Art Pond 3. Legal description A. Location of Dam: (include distance and bearing to outlet from established government section corner or quarter corner; or distance from section lines and indicate 1/41/4, section number, township range and meridian; include map) northeast quarter of the the quarter and file northwest quarter of the southwest quarter of section 7, township 10 south, range 84 west of the sixth principal meridian,,Pitkin County, Colorado. 1500'from west line 1580'from south line B. If off - channel reservoir, name and capacity of ditch or ditches used to lilt reservoir, and legal description of cacli point of diversion: (include distance and bearing from established government section corner or quarter corner; or distances from section lines, and indicate 1/41/4, section number, township, range, and meridian; include Inap) northeast quarter of the southwest quarter and the northwest quart of the southwest quarter of section 7, township 10 south, range 84 west of the sixth principal meridian, Pitkin County, Colorado 1560'from west line 1510'from south line 4. Source: Roaring Fork River (s vibmar river or weln . • • 5. A. Date of appropriation: 7/1 / 4 0 B. How appropriation was initiated: • • . • • • ° • • • • • • • C. Date water applied to beneficial use: 7 /1/ 4 0 No..InI 297. Itcv. 9 - 8$. AI'l'I,I('AI ION loll WAIa(Il s UJKAGE HIGH 'I' IIIIYiIYIJ 1'nldi.hinp, Sg75 W. rah Mc . 1400w,HO. I'n mi21•1 I MI) ?II (MU 0 s5 Amount claimed: A. in acre feet ( ) Absolute ( ) Conditional 13. if olf- channel reservoir, rate of diversion in cls for tilling the reservoir: 1 (PS ( X ) Absolute ( ) Conditional Use: A. If irrigation, complete the following: (1) Number of acres historically irrigated: (2) Total number of acres proposed to be irrigated: (3) Legal description of acreage irrigated or to be irrigated: 13. If non - irrigation, describe purpose fully: Spawning habitat for Colorado River Cutthroat Trout (salmo clarki pleuriticus) ie. piscatorial 1I I �I htl mere than . 1 surface acres � 8. Surface area of high water line: s1] g Y A. Maximum height of dam in I ;t 5 ' 13. Length of dam in feet: .3 a cre feet A -- 9. 'I c capacity y of reservoir in a capa city • 3 acre c f eet feet: .3 storage . 3 acre feet Active capacity feet 6 1 10. Name(s) and address(es) of owner(s) of land on which structurc(s) for the water right is located (laid where dam is located and land within high water line) The property that this pond is located on is owned by the City of Aspen and leased to the Aspen Art Museum. City of Aspen 590 Aspen Art Museum 130 South Galena Aspen, North Mill Street Aspen, CO 81611 Aspen, CO 81611 • II. Remarks or any other pertinent information: This application is being submitted in conjunction with an application for surface water rights. The purpose of these applications is for conservation and improved habitat. The project has been designed by the Colorado Division of Wildlife, Trout Unlimited, and the Aspen Art Museum. This is a non - consumptive use of water with only minimal evaporative loss. • C; ;)‘r Signamrc of AppIicem for Aliorwyf Donna Linnecke, T r u.• t C e Aspen- Art - Museum- 5 .9Q- N,_M'11 St, spen AIAVI. uI Appii.nm f„r A " " n CYIC olo r a d O 81611 Teiephune No. (303) 925-8050 • Muimcy Rcgisvmiim No. STATE OF COLORADO 1 COUNTY OF ss. n y� J . n T :D r) ✓1� _ / i e ` e_ , state under oatl that I have read this application and verify its content. 7 � Donna Li.nnecke, Trustee Aspen /9 Subscribed under oath before me on Art Museum � me • My con IdtKtH - NOIABY PUBLIC 04 ��, joihkez MY COMMISSION EXPIRES 03 -O4-95 ` ♦ • BANK OF ASPEN Nouary •ubiic P.O.BOXO ASPEN, COLORADO 81612 di" ALL PERSONS INTERESTED IN THE WATER APPLICATIONS IN WATER DIVISION NO. 5 PURSUANT TO C.R.S., 3 - ^ ' - 302, AS AMENDED, You are notified that .ry following pages comprise a resume of s. /applications and amended applications fi. ,iwith the Water Clerk for Water Division 5 during the month of AUGUST, 1992. 1, 9204194, COUNTY OF PITKIN, FREDRIC A. AND FABIENNE BENEDICT, 1280 Ute Avenue, Aspen, Colorado 81611. (Anne J. Castle, Esq., HOLLAND & HART, Suite 2900, 555 17th Street, P.O. Box 8749, Denver, Colorado 80201- 8749). Application for change of water right in Pitkin County. Decreed Names of Structures: Red Mountain Ditch, Priority No. 90; and Huston Ditch, Priority No. 530. Dates of Original Decrees: Red Mountain Ditch, Priority No. 90: May 11, 1989, in the original adjudication of water rights for irrigation in Water District 38, by the District Court for Garfield County, Colorado; Huston Ditch, Priority No. 530: October 24, 1952, in Civil Action No. 4033, by the District Court for Garfield County, Colorado. Legal Descriptions: Red Mountain Ditch, Priority No. 90: The originally decreed point of diversion is a point on the West side of Hunter Creek whence the Quarter Section Corner on the South side of Section 6, Township 10 South, Range 84 West of the 6th P.M., bears South 62'45' West 1402 feet. An alternate point of diversion was approved on December 4, 1970, in Civil Action No. 6512 by Order of the District Court for Garfield County, Colorado, at a point on the Northerly bank of Hunter Creek whence the East Quarter Corner of Section 5, Township 10 South, Range 84 West of the 6th P.M., bears North 54 °52' East 1637.03 feet. • Huston Ditch, Priority No. 530: The decreed point of diversion is a point on the Northerly bank of Hunter Creek whence the East Quarter Corner of Section 5, Township 10 South, Range 84 West of the 6th P.M., bears North 54 °52' East 1637.03 feet. Sources: Hunter Creek, tributary to the Roaring Fork River. Appropriation Dates: Red Mountain Ditch: May 15, 1884; Huston Ditch: May 12, 1920. Amounts: Red Mountain Ditch: 2.0 cfs total, of which 0.18 cfs is the subject of this application; Huston Ditch: 4.0 cfs total, of which 0.50 cfs is the subject of this application. Historical Use: Irrigation. Proposed Changes: The application requests that an alternate point of diversion for 0.18 cfs of the Red Mountain Ditch, Priority No. 90, and 0.50 cfs of the Huston Ditch, Priority No. 530, be approved at a point located on the Southerly side of Hunter Creek, whence the closing Section Corner for Sections 7 and 8, being on the Southerly boundary of Section 5, Township 10 South, Range 84 West of the 6th P.M., bears South 67 °53'27" West, 1033.04 feet. The application also requests that the place of use of the two water rights be changed to the following locations: Tract 1 is 3.8 acres located in the Southeast Quarter of Section 6, and the Northwest Quarter of Section 7, Township 10 South, Range 84 West of the 6th P.M., and Tract 2 is 5.6 acres located in the Northwest Quarter of Section 8, and Southwest Quarter of Section 5, Township 10 South, Range 84 West of the 6th P.M. The application also requests that the remaining portion of the historical consumptive use component of the two water rights be changed to include augmentation and stock watering uses. Name and address of owner of land on which structure is located: FREDRIC A. AND FABIENNE BENEDICT, 1280 Ute Avenue, Aspen, Colorado 81611. (Four pages, plus attachments.) 2. 92CW195 PITKIN COUNTY - ROARING FORK RIVER Aspen Art Museum; c/o Donna Linnecke, Trustee; 590 North Mill St.; Aspen, CO 81611 (303) 925 -8050. Electric -Art Pond - AppliCation for Water Storage Right. Location: NE1 /4SW1 /4 &NW1 /4SWI /4 Sec. 7, T. 10 S., R. 84 W., 6th P.M. Appropriation: July 1, 1940. Amount: 0.03 a.f., absolute. Use: piscatorial. (10 pages) 3. 92CW196 PITKIN COUNTY - ROARING FORK RIVER Aspen Art Museum; c/o Donna Linnecke, Trustee; 590 North Mill St.; Aspen, CO 81611 (303) 925 -8050. Electric -Art Ditch - Application for Water Rights (Surface). Location: NE1 /4SW1 /4 &NW1 /4SW1 /4 Sec. 7, T. 10 S., R. 84 W., 6th P.M. Appropriation: July 1, 1940. Amount: 3.0 c.f.s., absolute. Use: piscatorial. (9 pages) 4. 92CW197 SUMMIT COUNTY - BLUE RIVER Mike Toomey; 3603 Pinnacle; Austin TX 78746 (512)- 473 -2646. Toomey Pond - Application for Water Storage Right. Location: NW1 /4NW1 /4 Sec. 7, T. 6 S., R. 77 W., 6th P.M. Appropriation: August, 1992. Amount: 0.42 a.f., absolute. Use: aesthetics, recreation, including fishery and wildlife and livestock water. (15 pages). $1 oA DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO W ,N CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814 -2922 REPLY TO ATTENTION OF September 17. 1992 Regulatory Section (199275075) Ms. Donna Linnecke Aspen Art Museum 590 North Mill Street Aspen, Colorado 81611 Dear Ms. Linnecke: I am responding to your request for Department of the Army authorization for a stream habitat improvement project in the small stream and pond located on the Art Museum property in Aspen, Colorado. The project site is located in Section 7, Township 10 South, Range 84 West, Pitkin County, Colorado. The Corps of Engineers, Sacramento District has issued Regional General Permit'Number CO -OYT -0169 (GP -121 to authorize certain limited discharges of dredged and fill material associated with stream habitat improvement projects in the state of Colorado. Based on our review of the information submitted, we have determined that your project is authorized by Regional General Permit Number CO -OYT -0169 (GP -12) subject to the conditions of this permit (copy enclosed). In the application you explained that approximately 20 cubic yards of material will be removed to reconfigure the outlet channel. You should inform this office on the methods which you will employ to stabilize this outlet channel. We commend your efforts to create spawning habitat for Colorado River Cutthroat trout. Please keep us informed on the success of this project. We have assigned permit number 199275075 to this project. Please reference this number in any correspondence submitted to this office regarding this project. Should you or your contractor(s) have any questions, contact Mr. Claffey at (303) 243 -1199. "i cerely, Grady . MCNuxe _ Chie , Western Colorado Regulatory Of ce 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501 -2563 Enclosure Copies Furnished: Dr. Gene Reetz, U.S. Environmental Protection Agency, 8WM -WQ 999 18th Street, Suite 500, Denver, Colorado 80202-2466 Mr. Dan Collins. Subdistrict Chief, U.S Geological Survey, Post Office Box 2027, Grand Junction, Colorado 81501 Mr. Alan Czencusch, Colorado Division of Wildlife, 453 Prefontaine, Rifle, Colorado 81650 Mr. Robert Caskey, Colorado Division of Wildlife, 711 Independence Avenue, Grand Junction, Colorado 81501 City of Aspen, 130 South Galena Street, Aspen, Colorado 81611 2. Joe Bergquist P.O. Box 4504 Snowmass, CO 81654 (303) 927 -4234 September 15, 1992 Leslie Lamont City of Aspen Planning and Zoning Department 130 South Galena Aspen, CO 81611 Dear Ms. Lamont: This letter is to confirm my awareness of the Colorado Cutthroat Spawning Channel project at the Aspen Art Museum. The Aspen Art Museum has submitted applications for surface and storage water rights, however a ruling is not expected by the Water Court until late this year. As the Water Commissioner for District 38 administering the field work in this district, it is not my intention to close the headgate to the stream /pond at the project site. It is my opinion that this is a non - consumptive use of water and has little or no impact on downstream water users. Please feel free to call me if I can be of further assistance . Sincerely, (? oe Bergquist Water Commissioner, District 38 ,u N26 MEMORANDUM To: Mary Lackner, Planning Office From: Rob Thomson, Project Engineer `Mr Date: June 26, 1992 Re: Colorado Cutthroat Trout Stream Margin Review Exemption Having reviewed the above application, and having made a site inspection, the engineering Department has the following comments: 1. The applicant is required to plant any disturbed areas with species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 2. A construction site drainage plan and procedure should be considered prior to the commencement of construction. The construction procedures employed must be such that no stormrunoff be permitted to drain to the Roaring Fork River from contact with disturbed earth. The construction procedure used will in no way impact the river. It is recommended that the headgate be shut off while constricting the stream width. 3. The application did not contain any details of the pump, the or the new headgate. Assuming that the pump is electric, all necessary supply must be installed underground and in accordance with the NEC. In addition an electrical permit must be obtained prior to installation. It is recommended that a small enclosure be built or provided to house the pump. The new headgate should not be installed any further into the river than the existing headgate. Every effort should be made to disturb as little of the surrounding vegetation as possible. 4. The applicant has stated that the Federal 404 permit is in the works and request for approval submitted to the State Water Engineer. The State Water Engineer needs to comment on the water right of diverting the water and for approval of pumping during low flow periods. Recommended Conditions of Approval 1. The applicant is required to plant any disturbed areas with species keeping with the Roaring Fork Greenway Plan as well as existing plants in the area. 2. If the source of power for the pump is electric, an electrical permit is required. 3. The new headgate should not be installed any closer to the river as the existing one. 4. The Federal 404 permit, or a letter from the Army Corps of Engineers stating that the Federal 404 is not required, must be received by the engineering department prior to commencement of construction. 5. A letter from the State Water Engineer, referencing this project, must be received by the engineering department prior to the commencement of construction. cc: Chuck Roth, City Engineer n/CASE OAD92015 0114 101 Enna 590 NORTH MILL STREET ASPEN, COLORADO 81611 303 - 925 -8050 THE COLORADO CUTTHROAT TROUT SPAWNING CHANNEL The concept of the Colorado Cutthroat Trout Spawning Channel had its beginning in June of 1991. Our original intent was to find a way to clean up the slow moving stream and stagnant pond located on the grounds at the Aspen Art Museum. We began working with the Colorado Division of Wildlife and Trout Unlimited and realized that we had the potential of achieving our goals while helping to accomplish a significant conservation effort, ie. the re- establishment of the native cutthroat trout (Salmo clarki pleuriticus) in the Roaring Fork River. The cutthroat trout is the only indigenous trout in the streams of western Colorado. This effort to re- establish the cutthroat population would assist the Division of Wildlife /US Forest Service /Bureau of Land Management conservation plan to increase west -slope native cutthroat populations to the point that the subspecies would no longer be a candidate for listing as threatened or endangered (as it now is). The Aspen Art Museum and its grounds serves a plurality of purposes in this community. It is a museum, as well as a place for education, and recreation. The banks of the Spawning Channel provide easy access for the observation of the trout, which turn brilliant red when spawning. As an indicator species, the cutthroats will be able to provide us with valuable information about the health our environment, and about our impact on the wildlife of this area. Under this proposal, the stream and pond will serve as a nursery for the cutthroats. They will spend their adult lives in the Roaring Fork River and return to the stream to spawn year after year. Fishing for trout in the nursery will not be allowed, but the cutthroats in the Roaring Fork River can be fished for in compliance with existing regulations. The four most important things needed for a spawning area are; fish eggs, adequate water velocity and quality, correct temperature, and a stream bottom lined with rounded gravel. * The Colorado Division of Wildlife has committed to supply us with cutthroat eggs in the Spring of 1993, provided that the habitat has been created. * At the present time we do not have adequate water velocity. Our plan to remedy this is to drop the existing headgate (where the Roaring Fork River enters the stream) r w,, annroximately 1 foot and install a new rectangular headaate and culvert to increase the water volume. Next. the stream width will be constricted. The aradient from the outlet of the culvert to the inlet of the pond will be manipulated by removing material from the stream bottom and replacing it with rounded gravel. Finally, the outlet from the pond back into the Roaring Fork River will be lowered to reduce the slow backwater at the inlet side of the pond that currently extends into the stream. With these modifications, nature should be able to take over and the spawning channel should be self sustaining. The river temperature during Spring run off is ideal for spawning and provided that the run off lasts long enough, there will be adequate water volume and velocity. As a backup measure, a pump is needed to insure adequate water flow during low run off years. On May 19, 1992 Mike Claffev, from the Army Corps of Engineers, Biology Regulation Sections and Alan Czencusch, aquatic habitat Biologist from the Colorado Division of Wildlife conducted a site visit. Afterward, together with Bill Gruenberq of Trout Unlimited we met with Amy Marioram, Aspen City Manager to discuss this proiect. The proposal was received with support and we proceeded with the pre - application for the stream margin review exemption. The Federal 404 permit is being issued by the Army Corps of Engineers. and we have submitted a request for approval from Orlon Bell, State Water Engineer. This proiect is for a non - consumptive use of water, ie. the water that is taken from the river is returned to the river with only minimal loss due to evaporation. Combined efforts between Trout Unlimited and the Aspen Art Museum have enabled this proiect to develop to its current level. and we have committed to continue to work together towards its end. With our sincere thanks for your consideration. J nnecke Bill Griienbera Tr R "ee, Aspen Art Museum President, Trout Unlimited Protect Co- Ordinator 1■11r. as■ r. . ,.. . • . . • II . • . • • • . . . • . - • • • - . . . . .. , 0 : 1 1 '. . a. 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' .3 � .� . • ! 1 •"' y� A. • ' 4 ii'''4-•-• ' • :--- 4P%.... - 1 a b ,'\ . • a 5[.014 Aai STIFAM j\ • .sr ils- - i( ..} -. _- i -a, .• \ e .,art ''' > . - C 4. f .. r K .•" N. 1 1 1 , i' iV ■'' • i ' ,'. } i ,I • ■,, " 1 ' ' : ' • ,` fl �. ^ 1 i �• ` ^'. M TO . r +ra . 0, po,v fl . 1 b -.Try t w � , ,r j i . :.:1 - fi r " l f ! F ,. J t �jb ' t � . . � 4 `, . ti ► f 1411 y �: '' , r y ' ''r '7 ' r w QuTLET ,: ,r , r r , r t , , x . � , j // rn To z� -A t . Ri vE R. • ? ,�' 3 • j , ` i �'' r, ., - • . . \\]] N: ti. ATTACHMENT 1 �..... LAND USE APPLIC TIc*T FOTdi 1) PLuject Name Colorado Cutthroat Trout Spawning Channel 2) Project location Aspen Art Museum 590 N. Mill Street Aspen, Colorado (see attached legal description) (indicate street address, lot & block number, legal description where appropri: � e) 3) Present Zoning see attached 4) Lot Size see attached 5) Applicant's Name, Address & Phone $ Aspen Art Museum 590 North Mill Street Aspen, Colorado 925 - 8050 FAX 925 - 8054 6) Representative's Name, Address & Phone # T)nnna T,innecke (same as above) 7) Type of Application (pleases dhedc all that apply): _ Conditional Use _ Conceptual SPA _ Oonceptual Historic Dev. Special Review _ Final SPA Final Historic Dev. _ 8040 Greenline _ Conceptual PUD _ Minor Historic Dev. Stream Margin _ Final HID _ Historic Demolition _ Mountain View Plane _ Subdivision _ Historic Designation Qndominitmization Text/Map Anendment QtS Allotment Lot Split/Iot Line GM2S Tn®pticn Adjustnwnt • 8) Dcsc:ri ion of Existing Uses (camber and type of eicicthig structures; approximate sq. ft.; camber of bedrooms; any previous approvals granted to the property). Art Museum 9) Description of Development Application sae attached f �. 10) Have you attached the following? Response to Attachment 2, Minimmi Sutmicsion Contents Response to Attadment 3, Specific Sutanission Contents Response to Attachment 4, Review Standards for Your Application September 23, 1991 City of Aspen Planning Department Aspen, Colorado 81611 Attention: Leslie Lamont Re: Proposed Stream Margin Review Application - Art Museum River Bank Dear Leslie: Pursuant to Section 6 -202 (B) (3) of the Aspen Municipal code, this is to confirm the City of Aspen's consent to the Stream Margin Review application submitted by the Art Museum, Trout Unlimited and the Division of Wildlife. This letter is being submitted by the City as the property owner and in no way is intended to constitute a formal approval of any land use as requested by the applicants, or a waiver of the City's police or land use powers. THE CITY OF ASPEN ote By i n r D MEMORANDUM TO: Mayor and City Council � THRU: Carol O'Dowd, City Manager /7 THRU: Any Margerum, Plannin rector DATE: September 23, 1991 RE: Art Museum Stream Margin Review Council Consent This matter is on your consent agenda for approval regarding an application from the Art Museum, Trout Unlimited and Division of Wildlife for a Stream Margin Review. The Art Museum with Trout Unlimited and the Department of Wildlife have proposed to refurbish the north bank of the river next to the Art Museum. Using donated money, volunteer labor and an in -kind equipment donation from the Public Works Department, this phase of river enhancement will take out the "rip rap" (cement blocks, rebar etc.) that was installed in 1985 to prevent further erosion of the bank during high water. The "rip rap" will be replaced with a vertical rock wall with a flat terrace at the river's edge. The terrace will be planted with riparian vegetation such as willow shoots and native choke cherry trees. Stream Margin Review is required from the Engineering and Planning Departments. This phase of the project is ready to move forward as soon as the Stream Margin Review is completed. The participants expect to begin work in mid - October. The project should be completed within 2 -3 days. Section 6 -202 (B) (1) of the Land Use code requires authorization by the land owner to submit a development review application. In that the property is owned by the City of Aspen consent is requested of the City Council to allow a stream margin application to be submitted by the Art Museum, Trout Unlimited, and Division of Wildlife. The consent as requested herein does not formally approve the stream margin review, just the submission of the application. (See attached letter). Requested Action: Move to approve consent to submit Stream Margin Review application. P.3/7 SEP 17 '91 13:07 r - TN PE•a.CE EXHIBIT "A" A tract of land situated in the northeast quarter of the south- west quarter and the northwest quarter of the southwest quarter of section 7, township 10 south, range 84 west of the sixth principal meridian, Pithin County, Colorado, said tract being known as the Aspen Visual Arts Center property, being more fully described as follows: Beginning at a point on the northeastern property boundary of , the Aspen Visual Arts Center property where a line 10 feet southeasterly and parallel with the southeasterly wall of the Aspen Visual Arts Center building intersects with said boundary; thence southwesterly along said 10 foot parallel line to an intersection with a line 20 feet southwesterly of the south- westerly corner and parallel with the southwesterly wall of the Aspen Visual Arts Center building;. thence northwesterly along said 20 foot parallel line to an intersection with the westerly edge of a bike path and parking lot; thence northerly and westerly along the westerly edge of the bike path and parking lots to the northwesterly corner of the upper parking lot by the Roaring Pork River and Red Mountain Road; thence continuing northerly • along the projection of the westerly edge of the upper parking lot to the southerly edge of Red Mountain Road; thence easterly, and southerly along the southerly edge of Red Mountain Road, and the westerly edge of Gibson Avenue and Spring Street to the point of beginning. Above description is shown on drawing Exhibit "B ". • SEP 17 '91 13:07 f FTIN LEASE AGREEMENT • THIS LEASE AGREEM ENT, made this /0 day of 1999, by and between the CITY OF ASPEN, a municipal corporation, (hereinafter referred to as "Lessor ") and ASPEN CENTER FOR VISUAL ARTS, a non- profit corporation, Aspen, Colorado (hereinafter referred to as "Lessee "). W I T N E S E E 'T l3 : • WHEREAS, the City of Aspen is the owner of that certain building formerly known as the Holy Cross Electric uuilding situ- ate at North Hill Street, Aspen, Pitkin County, Colorado; and WHEREAS, Lessee is a non-profit corporation which provides beneficial and munificent purposes for the community of P.cpen, Colorado; and WHEREAS, the City Council of the City of Aspen has declared that it would be for the benefit of the City to make this space available at little or no rental cost; • NOW, THEREFORE, for good and valuable consideration, and the mutual benefits to be derived, it is agreed by the parties hereto that: 1. Lessor does lease to Lessee that building and premises located at North Mill Street, Aspen, Pitkin County, Colorado, for - merly known as the Holy Cross Electric building and more particu larly described in Exhibit "A" attached hereto and made a part hereof by reference, for and during a term commencing June 1, 1979, and terminating at midnight, May 31, 1999, at an annual `J dl /y{ rental of Ten Dollars ($10.00) , payable on the first day of the e. next calendar month, and annually thereafter. 2. No material repairs or alterations shall be ,wade by Lessee until all plans therefor have been approved by the City Manager and Lessee has satisfied all the pertinent building, hous- ing, zoning and health code provisions of the City of Aspen and State of Colorado. 3. It is understood and agreed that Lessee shall use and occupy the premises described in Exhibit "A" attached hereto and • . P.5 /7 SEP 17 '91 1303 WSTIN F. ^CE made a part hereof by reference as a visual arts center, in accordance with Lessee's Charter and for no other purpose. 4. At the commencement of the term of this lease, Lessee • shall acccept the demised premises in their existing condition, and Lessor makes no representation, statement or warranty express or implied, as to the condition of the premises or its suitability for its intended use, latent or patent, in such property or for any limitation on its use. 5. Lessor shall insure the building in such manner and for • such amounts as it deems desirable, at its expense. Lessee shall insure the contents and the art to be displayed therein in a reasonable amount, and shall obtain•liability insurance in an amount of not less than $400,000 with Lessor as an additional named insured, at Lessee's expense. Lessee agrees to indemnify and hold harmless the Lessor from any and all claims for injury or property loss, or other causes of action, arising from the use and occupation of the premises by Lessee, its..ayents and employees. 6. It is understood and agreed that utility expenses cover- ing the premises shall be paid by the Lessee. 7. Lessee agrees to neither sublet the premises nor assign • • this lease. D. No siyn, advertisement or notice shall be affixed to the exterior of the leased premises by Lessee, except in such manner, and of such'size, design or color as shall be approved in advance • by the City Manager. 9. (a) Lessee agrees to comply with all present and future federal, state and municipal laws, rules and regulations in its use and occupancy of the leased premises, and maintain the interior of the leased premises in good repair and in a clean and healthful condition at its own cost and expense during any periods Of occupancy by it under this lease agreement whether the neces- sity for such repairs or maintenance arises by reason of wear and • tear, fire, accident or any other cause (except to the extent that the costs for any such repairs or maintenance are covered by 1 P.6 /7 SEP 17 '91 13:09 PUSH' insurance) . With the exception o snow plowing the parkiny lot and driveway which plowing shall be the responsib }lity of the Lessor, the general maintenance of the grounds around the leased premises shall oe the sole responsibility of Lessee at its owr: • cost and expense. (b) Lessee agrees if reasonably possible to contract fat the services of a mechanical contractor acceptable to the City Engineer of the City of Aspen for the yeneral mechanical main- tenance of the leased premises at its own cost and expense. In any event, Lessee shall be responsible for needed repairs there- to. 10. The parties agree that upon default in the performance of this Agreement, Lessor may, at its option, terminate this Lease by written notice to the Lessee. Furthermore, either party shall have the right to terminate this Lease upon six months' advance written notice. 11. It is mutually understood and agreed that in case the premises shall become untenantable on account of damage by fire, flood, or act of God, this Lease may be thereupon terminated and all parties shall be thereafter released from further liability. 12. Upon the termination of this lease, Lessee shall remove all trade fixtures and personal property belonging to Lessee, repairing any damage caused in such removal, and all personal property not removed by Lessee shall be conclusively presumed to have been abandoned and may be appropriated, sold, destroyed or otherwise disposed of by Lessor. 13. At the option of the City Council, Lessor shall have a member of City Council or the City Manager serve as an ex- officio member of the Center's Board of Directors; said ex- officio member shall be invited to attend all meetings of the Lessee's Board and shall generally act as a liaison between Lessor and Lessee. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement on the day and year first above written. LESSOR: • THE CITY OF ASPEN, COLORADO. 'Herman Edel Mayor • SEP 17 '91 1309 W N F�_RCE P. ATTEST: Kathryn E ' Koch City Cler ASPEN CENTER FOR VISUAL ARTS By R' 1 :i { ATTEST: f� sy R te/ . • 4 ASPEN /PITKIN PLANNING OFFICE 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 FAX# (303) 920 -5197 June 19, 1992 Donna Linnecke Aspen Art Museum 590 N. Mill St. Aspen, CO 81611 Re: Colorado Cutthroat Trout Stream Margin Review Exemption Case A47 -92 Dear Donna, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is complete and have referred it to the City Engineer and Parks Department for review and comments. All applications are now being scheduled for the Development Review Committee (DRC). The DRC is a committee of referral agencies which meet with Planning and the applicant early in the process to discuss the application. Please attend the July 2, 1992 meeting at 3:00 p.m., City Hall, City Council Chambers. If you have any questions, please call Leslie Lamont the planner assigned to your case. Sincerely, Debbie Skehan, Office Manager ASPEN /PITHIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 Phone 920 -5090 FAX 920 -5197 MEMORANDUM TO: City Engineer Parks FROM: Leslie Lamont, Planning Office RE: Colorado Cutthroat Trout Stream Margin Review Exemption DATE: June 19, 1992 Attached for your review and comments is an application submitted by Aspen Art Museum requesting Exemption from Stream Margin Review for the Colorado Cutthroat Trout Spawning Channel. Please return your comments to me no later than July 6, 1992. Thank you. Development Review Committee is scheduled for July 2, 1992.