SAN JUAN COUNTY, COLORADO BOARD OF COMMISSIONERS MEETING AGENDA May 11, 2022 Due to the continuing COVID-19 concerns, San Juan County meetings will be conducted in a hybrid virtual/in-person format. All persons including Board Members, Staff and those with appointments scheduled on the agenda may meet in person or via zoom. At risk participants are strongly encouraged to wear a mask. We encourage community members to participate via zoom. Theinformation necessary to connect to the public meeting is listed below. CALL TO ORDER: 8:30 A.M. OLD BUSINESS: Consider Bills and Authorize Warrants BOCC Regular Meeting Minutes for April 27, 2022 APPOINTMENTS: 8:40 A.M. - Becky Joyce, Public Health Director 9:00 A.M. - Martha Johnson, Social Services 9:20 A.M. - Melissa Smeins & Lisa Merrill BLM Summer Activities Update 10:00 A.M. - Public cannge"relminay/rma Improvement Permit Application: Gary Bowman to allow for the construction of a single-family dwelling unit located on the Cumberland Mill Site USMS No. 693B adjacent to the confluence of Deer Park Creek and the Animas River. 10:20 A.M. - Public Fearing-lmprovement Permit Sketch Plan Application: Proposed Anesi Cabin, Carolina Mill Site, County Road 33, near Deer Park. 10:40 A.M. - Public Hearing Improvement Permit Sketch Plan Application: Adams Cabin on the Ruby Placer, and Proposed Boundary Line Adjustment of the adjacent Annie & Ninety-Six Lodes, County Road 8, Ophir Pass, 11:00 A.M. - Lois Mackenzie-Slverton Clinic Lunch - Location to be determined CORRESPONDENCE: Draft Letter concerning WINN Grant NEW BUSINESS: Treasure's Report Sales Tax Update Public Comment Commissioner and Staff Reports OTHER: ADJOURN: Next Regular Meeting = 6:30 PM, Wednesday May 25, 2022 Join Zoom Meeting https Izoom us/ 921 36473203 Meeting ID: 921 3647 3203 One tap mobile +16699006833, 92136473203# US (San Jose) +12532158782, 92136473203# US (Tacoma) Dial by your location +1 69 900 6833 US (San Jose) US (Tacoma) +1 346 248 7799 US (Houston) +1 046 /6 9923 US (New York) +1 301 - 1 o 8592 US (Germantown) +1 312 526 6799 US (Chicago) Meeting ID: 921 3647 3203 SAN JUAN COUNTY BOARD OF COMMISSIONERS MET MAY 11, 2022 AND THE FOLLOWING BILLS WERE APPROVED FOR PAYMENT. 23581 IMAGE NET CONSULTING SHERIFFS BILL 107.17 23582 CCTPTA TREASURERS CONFERENCE 95.00 23583 AMAZON CAPITAL SERVICES ASSESSORS BILL 50.34 2384 AMAZON CAPITAL SERVICES CUSTODIAN SUPPLIES 230.53 23585 MAISEL EXCAVATION HOSP COAL DELIVERY 165.00 23586 BANK OF THE SAN JUANS FIRE HOUSE PAYMENT 12838.70 23587 SOUTHWEST CO COUNCIL GOV COG 2022 DUES CONTRIB 4068.00 23588 REGION 9 EDD REGUIB 9 DUES 425.00 23589 CITIZENS STATE BANK APPARTMENT PAYMENT 5558.98 DD ABIGAIL H. ARMISTEAD SHERIFF DEPUTY WAGES 3548.18 DD AMIE R. BICOCCHI SHERIFF & NURSE WAGES 3159.73 DD ANTHONY D. EDWARDS COMMUNICATIONS WAGES 2521.19 DD ARTHUR J. DONOVAN EPD WAGES 4459.57 DD AUSTIN P. LASHLEY COMMISSIONERS WAGES 273.91 DD BRUCE T. CONRAD SHERIFFS WAGES 3910.36 DD DEANNA M. JARAMILLO TREASURERS WAGES 3314.23 DD ELIZABETH KREMER ED WAGES 2732.63 DD ERNEST F. KUHLMAN COMMISSIONERS WAGES 1991.91 DD HEATHER A. MACDOUGALL AD-AS TREA CLERK WAGES 2310.56 DD JOHN A. JACOBS SHERIFF DEPUTY WAGES 1876.10 DD KERI METZLER CORONER WAGES 902.32 DD KIMBERLY A. BUCK ASSESSORS WAGES 3861.94 DD KRISTINA L. RHOADES SOCIAL SERVICE WAGES 2327.48 DD LADONNA L. JARAMILLO COUNTY CLERK WAGES 3323.72 DD LOIS MACKENZIE NURSE ASSISTANT WAGES 1254.47 DD REBECCA B. JOYCE COUNTY NURSE WAGES 9115.49 DD REBECCA J. RHOADES CUSTODIAN WAGES 1162.87 DD SARAH B. FRIDEN SENIOR SHOVELING 782.09 DD STEPHEN W. LOWRANCE UNDERSHERIFF WAGES 3903.73 23590 EVELYN V. ARCHULETA CLERK DEPUTY WAGES 1634.00 23591 FRED W. CANFIELD SENIOR SHOVELING 238.27 23592 SCOTT L. FETCHENHIER COMMISSIONERS WAGES 2034.91 23593 TOMMY WIPF VETS OFFICER WAGES 354.40 23594 WILLIAM A. TOOKEY ADMINISTRATOR WAGES 4564.00 23595 CITIZENS STATE BANK FEDERAL TAXES WITHHELD 22728.82 23596 CITIZENS STATE BANK STATE TAXES WITHHELD 3582.00 23597 GREAT-WEST LIFE & ANNUITY GROUP RETIREMENT 7136.41 23598 CITIZENS STATE BANK HS A SAVINGS 1550.00 23599 ANTHEM BLUE CROSS MEDICAL INSURANCE 16179.63 23600 KANSAS CITY LIFE DENTAL & LIFE INSURANCE 995.49 23601 AMWINS GROUP BENEFITS VISION INSURANCE 170.97 23602 AFLAC INDIVIDUAL INSURANCE 177.10 23603 ERNEST F. KUHLMAN REIMB SUPPLEMENTAL 198.28 23604 STATE OF COLORADO DPA ACCT RENEWALS-REG-TTLE 43.58 23605 DR. JOEL, INC NURSE COMPUTER FIX 71.25 23606 MICHAEL F. ARNALL, MD AUTOPSY 1300.00 23607 MONTEZUMA COUNTY AUTOPSY SUITE 200.00 23608 GEPRGE W. DEAVERS AUTOPSY ASSISTANT 100.00 23609 AMBULANCE ASSOCIATION SALES TAX MONTHLY PYMT 38333.33 23610 AMBULANCE ASSOCIATION MONTHLY PAYMENT 7200.00 23611 SILVERTON FIRE AUTHORITY QUARTERLY PAYMENT 10475.00 23612 AMAZON CAPITAL SERVICES ASSESSORS BILL 97.95 23613 VISA BILLS 3889.00 23614 MOTOROLA SOLUTIONS INC SHERIFFS BILL (CAMERAS) 3675.00 23615 OFFICE DEPOT EPD SUPPLIES 46.81 23616 UNITED STATES TREASURY SEPT 30, 21 3RD QTR 941 4379.37 23617 WEX BANK SHERIFFS FUEL 1344.35 13618 DENNIS R, GOLBRICHT SERVICES RENDERED 2437.50 23619 FORETHOUGHT.NET BILLS 1156.96 23620 MOUNTAIN STUDIES INSTITUTE PROJECT SERVICES APR-JAN 42100.00 23621 SILVERTON HARDWARE CUST-SHER-NURSE SUPPLIES 58.52 23622 CLIA LABORATORY CERTIFICATE OF WAIVER 180.00 23623 SILVERTON SCHOOL APRIL 2022PAYROLL BEN-FR 3503.20 23624 SAN JUAN PUBLIC HEALTH BILL 9884.00 23625 COLIN TROWER APRIL 22 DEEP CLEANING 60.00 23626 DAYNA KRANKER NURSE ASSISTANT WAGES 1466.04 23627 DEANNE GALLEGOS SJ CO PUBLIC INFO PAY 981.92 23628 SAN MIGUEL POWER BILLS 3727.84 23629 DR. JOEL, INC REBOOT NETWORK EQUIPT 95.00 23630 DEANNE GALLEGOS APRIL 22 PUBLIC INFO PAY 375.44 23631 OFFICE DEPOT CLERK & TREAS SUPPLIES 95.86 23632 SILVERTON LP GAS TANK FILL UP CH-FD 3929.66 23633 VISA COMMUNICATIONS BILL 19.95 23634 SILVERTON STANDARD LEGALS 125.90 23635 LORETTA ST GEORGE DEEP CLEANING/HOSP) 65.00 23636 GRAN FARNUM PRINTING ELECTION ENVELOPES 461.00 23637 VERIZON SHERIFFS BILL 185.22 23638 ANGELES CONSTRUCTION SENIOR SHOVELING 185.00 23639 LA PLATA CO TREASURER DA BILL 1-1-22 THRU 3-31-22 5415.00 23640 TRACY BOEYINK MARCH-MAY PAY(NURSE) 93.75 23641 SILVERTON ELECTRIC TROUBLE SHOOT LIGHT 508.57 23642 TOWN OF SILVERTON W/S 3598.22 23643 SAN JUAN MOUNTAINS ASSOC GOCO GRANT REIMB 149416.46 TOTAL GENERAL 443097.13 ROAD 6827 CATERPILLAR FINANCIAL PAYMENT 40624.99 DD DAVID L. ANDREWS ROAD FOREMAN WAGES 3612.47 DD LOUIS K. GIRODO ROAD OVERSEER WAGES 4431.31 DD MICHAEL C. MAXFIELD ROAD OPERATOR WAGES 3477.81 6828 CITIZENS STATE BANK FEDERAL TAXES WITHHELD 4185.10 6829 CITIZENS STATE BANK STATE TAXES WITHHELD 654.00 6830 GREAT-WEST LIFE GROUP RETIREMENT 946.08 6831 CITIZENS STATE BANK HSA SAVINGS 200.00 6832 ANTHEM BLUE CROSS MEDICAL INSURANCE 2246.18 6833 KANSAS CITY LIFE DENTAL & LIFE INSURANCE 244.30 6834 AMWIND GROUP BENE VISION INSURANCE 38.03 6835 AFLAC INDIVIDUAL INSURANCE 62.01 6836 LAWSON HEX CAP SCREW GR 8 PLAIN 342.96 6837 BLOWN AWAY SNOW REMOVAL 4200.00 6838 WAGNER PARTS 1573.01 6839 VISA SUPPLIES 251.38 6840 SAN MIGUEL POWER BILLS 313.47 6841 FOUR CORNERS WELDING BILL 45.00 6842 SILVERTON LP GAS TANK FILL UP 582.00 6843 ALSCO BILL 111.00 6844 CENTURY LINK BILL 151.19 6845 LAWSON SUPPLIES 448.88 6846 WAGNER SUPPLIES 687.05 6847 TOWN OF SILVERTON W/S 566.01 TOTAL ROAD 69994.23 GENERAL 443097.13 ROAD 69994.23 TOTAL FUNDS 513091.36 WERE ALLOWED SETTLEMENT IN FULL BY ORDER OF SAN JUAN COUNTY COMMISSIONERS. SCOTT L. FETCHENHIER, CHAIRMAN ERNEST F. KUHLMAN, COMMISSIONER AUSTIN LASHLEY, COMMISSIONER LADONNA L. JARAMILLO, CLERK SAN JUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, APRIL 27, 2022 AT 6:30 P.M. Call to Order: The meeting was called to order by Chairman Scott Fetchenhier. Present were Commissioners Ernest Kuhlman, Austin Lashley, County Attorney Dennis Golbricht, Planning Director Lisa Adair and Administrator William Tookey. Commissioner Kuhlman moved to approve the minutes of April 13, 2022 as presented. Commissioner Lashley seconded the motion. The motion passed unanimously. Marcie Bidwell of Mountain Studies Institute was present to provide the Commissioners with an update on what M.S.I. has been doing. A nomination to list a Primos Tank on San Juan County's Historic Register was presented to the Commissioners. Commissioner Lashley moved to list the Primos Tank on the San Juan County Historic Register. Commissioner Kuhlman seconded the motion. The motion passed unanimous. Charlie Smith was present to provide the Commissioners with an update concerning the Southwest Water Conservation District. He also provided an update concerning the County's water rights. Marc Klouster was present to address any questions ofcomments concerning the Silverton Mountain parking on CR 110. He said that Grady Hamm would get with Road Supervisor Louis Girodo to talk about parking issues in the near future. Planning Director Lisa Adair present to answer any questions concerning her staff report. Having no further business, the meeting adjourned at 8:35 P.M. Scott Fetchenhier. Chairman Ladonna L. Jaramillo, County Clerk SAN JUAN COUNTY DEPARTMENT OF SOCIAL SERVICES Department of Social Services Phone 970-387-5631 Fax 970-387-5326 Martha Johnson, Director 3/31/2022 Date 4/19/2022 Transmittal No. 3 Vendor Date Num Amount LaF Plata County 03/31/2022 11603 2,824.87 San Juan Cty 03/31/2022 11604 5,042.93 TOTAL $ 7,867.80 1, MARTHA JOHNSON, Director of Social Services of San. Juan County of Colorado, hereby certify that the payments listed above are available for inspection and have been paid to the payees listed. YV LEta 4-252032 MARTHA JOHNSON ,Scott Fetchenhier, Chairman oft thes SanJ Juan County Board of Commissioners, hereby certify that the payments as set forth above have this date been approved and warrants inj payment thereof issued upon the Social Services Fund. Scott Fetchenhier Post Office Box 376 Silverton, CO 81433-0376 (970)387-5631 ou m San Juan County Social services 04/19/22 Accrual Basis Profit & Loss Budget VS. Actual January through December 2022 TOTAL Jan22 Feb22 Mar22 Jan- Dec22 Budget Ordinary Income/Expense Income 400.001 REVENUE-State Alloc 21,882.82 5,600.18 5,908.76 33,391.76 159,238.80 400.010 Property" Tax Current 0.00 2,088.83 3,307.17 5,396.00 16,000.00 400.020 Specific Ownership tax 114.51 85.80 104.71 305.02 1,320.00 400.030 Delinquent Property Tax 0.00 0.00 0.00 0.00 0.00 400.040 Penalties/Int on Tax 0.00 0.00 0.00 0.00 6.00 400.145 REV CSGB Grant 527.20 0.00 0.00 527.20 996.00 400.1 180 REVENUE-EOC 150.00 0.00 0.00 150.00 0.00 400.220 REVENUE-Programi Refunds 150.00 175.00 0.00 325.00 0.00 Total Income 22,824.53 7,949.81 9,320.64 40,094.98 177,560.80 Expense 500.1 100 EXPENSEAdminsmaton 5,086. 16 4,973.56 5,666.08 15,725.80 69,000.00 500.110 EXPEI Adult Protectio 0.00 0.00 0.00 0.00 2,220.00 500. 120 EXPENSE- -Child Care 0.00 0.00 0.00 0.00 2,000.00 500.1 130 EXPENSE-Chlid: Support 12.33 9.34 0.00 21.67 600.00 500.140 EXPENSE-Child Welfare 0.00 0.00 0.00 0.00 12,000.00 500.145 EXPE ENSE-CSGB Grant 0.00 0.00 0.00 0.00 1,000.00 500.1 150 EXPENSE- -Colorado Works 16 20.41 0.00 0.00 16,520.41 75,000.00 500.1 1601 EXPENSE-Core Services 2,000.00 2,000.00 2,000.00 6,000.00 24,000.00 500.200 EXPENSE-LEAP 182.39 323.11 201.72 707.22 1,200.00 500.210E EXPENSE-C OAP 0.00 0.00 0.00 0.00 2,000.00 Total Expense 23,801.29 7,306.01 7,867.80 38,975.10 189,020.00 Net Ordinary Income -976.76 643.80 1,452.84 1,119.88 -11,459.20 Page 1of2 San Juan County CDHS Allocation and Expenditures report For State Fiscal Year 2022 3/31/2022 FIPS 111 %ofF Fiscal % Year Program Allocation Expenditures Rémalning Rémaining Remaining CDHS County Admin 81,954 13,413 68,541 83.63% 25.00% HCPF Regular 21,279 6,201 15,078 70.86% 25.00% HCPF Enhanced 39,174 1,804 37,370 95.40% 25.00% APS Admin 2,315 3,222 -907 -39.15% 25.00% APS Client 2,000 0 2,000 100.00% 25.00% Child Care 8,088 2,307 5,781 71.47% 25.00% CARE CRSSA Funding 5,000 58 4,942 98.84% 25.00% Colorado Works 43,050 13,653 29,398 68.29% 25.00% Child Welfare 80/20 50,992 18,627 32,365 63.47% 25.00% Child Welfare 100% 4,532 44 4,488 99.03% 25.00% Child' Welfare PRTF 2,258 0 2,258 100.00% 25.00% CORE 80/20 8,724 5,736 2,987 34.24% 25.00% CORE 100% 15,902 12,264 3,638 22.88% 25.00% SEAP 374 374 100.00% 25.00% LEAP outreach 237 1,206 -969 -408.82% 50.00% Locked-in PHE Non-En 40 0 40 100.00% 25.00% Locked-in PHE Enhanc 2,525 0 2,525 100.00% 25.00% SNAP Incentive 97 97 0 0.00% 50.00% Total 288,541 78,631 209,910 SAN. IJUAN COUNTY SOCIAL SERVICES PROCEDURE TITLE: TANF County Approved Settings DEPARTMENT/S: Temporary Assistance for Needy Families EFFECTIVE Date: March 1, 2022 REVISION Date: REGULATIONS: C.R.S. 26-2-706. 6; 9CCR 2503-6; 3.600.2 AGENCY LETTERS: IM-EBD-2022-0003 APPROVED BY: Approved by the San Juan County BOCC (see signature) Background & Purpose: The Colorado Works program allows for minor parents to receive grant payments on behalf of their own children. Before approving grant payments for minor parents who are not married, emancipated, living with an adult relative ori in the care of another adult who is responsible for them, San Juan County must identify that the minor parent resides in a "county approved setting." San Juan County evaluates that the minor parent's living situation is appropriate in order to ensure the health and safety ofminor children, and to ensure appropriate supports are provided to minors who do not have a suitable place to live. Living arrangements deemed appropriate according to this policy constitute an approved setting for the Colorado Works program. The purpose of this policy is to outline the process that San Juan County follows to evaluate whether a minor parent resides in an appropriate place and is connected to necessary supports and services available in the community and through San Juan County. The policy will also outline steps that will bet taken to find an appropriate living arrangement for the minor parent and their child(ren) ift their initial situation is not identified as appropriate. Definitions: Assessed need Any identified need of a client or family receiving CW grant payments beyond ordinary, routine living expenses that is designed to deal with a specific crisis situation or episode of need, is not intended to meet recurrent or ongoing needs, and will not extend beyond four months without a new assessment. Basic Cash Assistance (BCA) A recurrent cash payment intending to meet ongoing needs. Client A current or past applicant or a current or past recipient ofa CW grant payment. Colorado Works The Temporary Assistance for Needy Families (TANF) program in Colorado. County worker An employee or designated representative oft the county department. Statewide automated system The electronic platform used to calculate public assistance program benefits and grant payments. Page 1 of4 4-Procedure Supportive payment A payment and/or service in addition to basic cash assistance or diversion that is based on an assessed need. Workforce Development (WD) The program provided to clients determined to be work eligible as described in section 3.607. Procedures: Population A county approved setting is required for a minor parent (or pregnant minor) who is under the age of eighteen and is the head of household on a Colorado Works case and: Does not live with another adult who exercises responsibility for the minor parent' 's care and well-being, Does not live with an adult relative, IsT not emancipated, and Ist not/has never been married. When a minor parent does reside with a parent or another caretaker who exercises responsibility for them, the minor may not receive assistance as an adult and the head ofl household in their own case. They will be paid as a child in an assistance unit with their parent or caretaker as the head of household. (A non-parent caretaker does not have to receive Colorado Works grant payments on behalf of themselves). In this scenario a county approved setting is not required. Evaluation Process When a minor parent must have a county approved setting evaluated, San Juan County will take the following steps: 1.) The Colorado Works eligibility worker will notify the designated county department / individual of the need for evaluation ofa county approved setting OR evaluate the setting themselves. a. The eligibility worker will provide the name, address and contact information for the minor parent. 2.) The designated county departmenu'individual will: a. Contact the minor parent to discuss their living situation. b. Conduct a home visit, ifthe contact with the minor parent alone is not deemed sufficient to determine whether the situation is appropriate, i. For a setting to be determined appropriate in San Juan County, the minor parent' 's living arrangements must consist of a dwelling that is designed for human habitation that is free from anything that may endanger the health or welfare of the minor child(ren). C. Provide appropriate resources and referrals to the minor parent as identified in the Referrals section. Page 2 of 4-Procedure d. Notify the eligibility or current caseworker if the settingi is determined appropriate (a.k.a. approved) or data-enter the information into CBMS directly. e. Ifthe setting is not yet approved, the designated county departmenvindividual will work with the client to establish an appropriate setting, and communicate progress with the eligibility or current caseworker. Unapproved Settings San. Juan County may determine that a settingi is inappropriate and therefore not an approved setting, and in these situations, San Juan County will take the following steps to ensure that the minor parent and their child are able to relocate to an approved setting: 1.) Together with the minor parent, discuss options of places to live which would be safe and supportive for the minor and their child(ren) such as living with a parent, legal guardian or other appropriate adult relative. 2.) Ifliving with a parent, guardian or adult relative is not a safe or supportive option, San Juan County will discuss with the minor parent whether there are any other trusted adults who might provide a safe and supportive environment to live. 3.) Ifno informal living arrangements with a safe and trusted adult are suitable, San Juan County will assist the client in locating a second chance home (adult-supervised, supportive group homes or apartment clusters for teen mothers and their children who cannot live at home because ofabuse, neglect or other extenuating circumstances), a maternity home (a form of supportive housing provided to pregnant women), or other appropriate adult-supervised supportive living arrangement, taking into consideration the needs and concerns ofthe individual. 4.) San Juan County may approve Colorado Works for a maximum of thirty days while the designated county department / individual is actively working with the minor parent to relocate to an appropriate living situation. 5.) Ift the change in living arrangement significantly alters the client's circumstances, updates may be required to the Colorado Works case, or the minor parent may choose to withdraw their request for Colorado Works. Ifchild abuse or neglect is suspected or uncovered when evaluating whether a minor parent resides in an appropriate setting, San Juan County will make referrals to Child Welfare by calling the Child Abuse and Neglect Hotline (1-844-CO-4-KIDS) in accordance with Mandatory Reporter requirements. Referrals San Juan County staff are responsible for connecting clients to resources that will help support their long-term economic security, as well as ensuring clients receive appropriate support in a Page 3 of 4-Procedure timely manner. The purpose of referrals is to n ect clients with various services available within the community. Referrals include but are not limited to: advocacy (such as domestic violence advocacy) counseling prevention and intervention mediation services physical and mental health services substance abuse counseling legal services food banks Signed by: CHAIR, SAN JUAN COUNTY BOARD OF COUNTY COMMISSIONERS DATE Page 4 of 4-Procedure SAN JUAN COUNTY SOCIAL SERVICES PROCEDURE TITLE: TANF Disaster Assistance DEPARTMENT/S: Temporary Assistance for Needy Families EFFECTIVE Date: March 1, 2022 REVISION Date: REGULATIONS: C.R.S. 26-2-706.6;9CCR 2503-6;3.600.2 AGENCY LETTERS: IM-EBD-2022-0003 APPROVED BY: Approved by the San. Juan County BOCC (see signature) Background & Purpose: In cases ofa county, state or presidentially (federally) declared emergency or disaster, families may have immediate and short-term needs for financial assistance to resolve financial crises caused by the disaster. In order to meet these needs in the community, San Juan County provides a Disaster Assistance program for qualified clients. This Disaster Assistance policy is in effect only when a county, state or presidential-level disaster has been declared and San Juan County has made the decision to activate this policy. Definitions: Assessed need Any identified need ofa client or family receiving CW grant payments beyond ordinary, routine living expenses that is designed to deal with a specific crisis situation or episode of need, is not intended to meet recurrent or ongoing needs, and will not extend beyond four months without a new assessment. Basic Cash Assistance (BCA)- A recurrent cash payment intending to meet ongoing needs. Client A current or past applicant or a current or past recipient of a CW grant payment. Colorado Works The Temporary Assistance for Needy Families (TANF) program in Colorado. County worker An employee or designated representative oft the county department. Diversion A short-term cash payment (not to extend beyond four (4) months) intended to meet an episode of need. Statewide automated system - The electronic platform used to calculate public assistance program benefits and grant payments. Supportive payment A payment and/or service in addition to basic cash assistance or diversion that is based on an assessed need. Workforce Development (WD or WFD) The program provided to clients determined to be work eligible as described in section 3.607 Procedures: Activation of the Policy When a county, state, or presidential level disaster is declared, San Juan County will determine whether or not to activate this Disaster Assistance policy based on the impact of the particular disaster in San Juan County and available resources. If San Juan County decides to activate this policy, the County Director or other designated individual will contact the Employment and Benefits Division (EBD) at CDHS EmplBemDiv@statecous: to request Disaster Assistance functionality in CBMS to be turned on for San Juan County. Disaster payments may be requested Page 1 of 3-Procedure while a disaster declaration and associated CBMS functionality is active. Disaster payments may also be requested through the end of the month in which the disaster declaration is rescinded. In cases where latent effects of the disaster appear after the disaster declaration is rescinded, the client may petition for assistance. Assistance will be granted at the County Director's discretion. Process Requests for Disaster Assistance are made using state prescribed Public Assistance application methods for Colorado Works. A screening form may be used to differentiate Disaster Assistance requests from requests for ongoing Colorado Works grant payments. San Juan County will put forth every effort to streamline processes and remove barriers that could prevent clients from accessing cash assistance during a disaster. When a disaster is state or presidentially declared, normal Colorado Works verification requirements are waived (with the exception of lawful presence) by the declaration of an emergency and the declaring authority' 's direct action to suspend certain regulatory statutes. When a disaster is county-declared, verifications normally needed to approve Colorado Works will still be required to approve a Disaster Assistance payment. Eligibility As is required to receive Basic Cash Assistance (BCA), the assistance unit must contain an eligible child or pregnancy, and provide for the needs of clients who are lawfully present in order to receive a disaster payment. (A disaster payment may be paid to an assistance unit in which only a child is lawfully present.) Countable annual income must be below $75,000. The client' 's needs must have been caused or exacerbated by the disaster situation. Clients will not be asked to provide proof of their needs in order to receive Disaster Assistance. At the County Director's discretion, assistance may be provided to a client who is currently under sanction or disqualification status for Colorado Works. Payment Payments will be made through the Colorado Benefits Management System (CBMS). Disaster payments may be issued through Diversion or Supportive Payment functionality. A disaster payment may not exceed $10,000 per assistance unit per disaster. The actual amount of each disaster payment will be based on the client' 's actual estimated need. Page 2 of 3-Procedure Payment of Disaster Assistance funds will not affect any lifetime maximums on regular Diversion or Supportive Payment limits that are identified in other county policies and a period of ineligibility (POI) will not be imposed after a disaster payment is made. Payments will be issued on an EBT card (or via the Key Bank card or direct deposit if the client has previously set up these payment options). After a Disaster payment has been issued to a client, the client shall not be asked to verify how the funds were spent. Allowable Use of Funds Disaster Assistance may be used to assist clients with any short-term need identified by San Juan County that is related to the declared disaster, except for the following needs: * Medical services (except for family planning, therapy/counseling, and dental services that are covered by Health First Colorado) s Needs covered by Title IV of Social Security Act that supports children in foster care 4 Needs ofa client's children who are not in the home * Juvenile justice related services * Purchase ofa capital asset (such as a car, home, investment property, etc.) greater than $5,000 Deactivation of the Policy San Juan County will email EBD at CDHS EmplBemDiv@statecous: to request Disaster Assistance functionality to be turned off due to the end of a county declared disaster or the decision to stop offering Disaster Assistance in San Juan County while a state or presidentially declared disaster continues. When state or presidential-level disaster declaration ends, San Juan County will stop making disaster payments by the end of the month in which the declaration is rescinded. (If San Juan County wishes to continue operating Disaster Assistance after a state or presidential-level disaster declaration ends, a county-level disaster may be declared and the policy may be re-activated.) Signed by: CHAIR, SAN JUAN COUNTY BOARD OF COUNTY COMMISSIONERS DATE Page 3 of 3-Procedure SAN JUAN COUNTY SOCIAL SERVICES PROCEDURE TITLE: TANF Domestic Violence DEPARTMENTIS: Temporary Assistance for Needy Families EFFECTIVE Date: March 1, 2022 REVISION Date: REGULATIONS: C.R.S. 26-2-706.6; 9CCR 2503-6; 3.600.2 AGENCY LETTERS: IM-EBD-2022-003 APPROVED BY: Approved by the San. Juan County BOCC (see signature) Background & Purpose: The presence of domestic violence (also known as family violence) may prevent a client from engaging with the standard components of the Colorado Works (CW) program. The purpose of the policy is to identify how San Juan County will support clients impacted by domestic violence (DV), as defined in Colorado Works program rules. Definitions: Assessed need Any identified need ofa a client or family receiving CW grant payments beyond ordinary, routine living expenses that is designed to deal with a specific crisis situation or episode of need, is not intended to meet recurrent or ongoing needs, and will not extend beyond four months without a new assessment. Basic Cash Assistance (BCA) A recurrent cash payment intending to meet ongoing needs. Client A current or past applicant ora current or past recipient ofa CW grant payment. Colorado Works The Temporary Assistance for Needy Families (TANF) program in Colorado. County worker An employee or designated representative of the county department. Diversion A short-term cash payment (not to extend beyond four (4) months) intended to meet an episode of need. Domestic violence (also known as family violence) means a pattern of coercive control one individual inflicts upon another in the context of familial, household, or intimate partner (current or former) relationships including marriage and dating. Violence may be inflicted through a variety of means including, but not limited to: A. Physical acts threatening or resulting in physical injury to the individual, including hitting, punching, slapping or biting; B. Intimidation resulting in fear of imminent bodily harm through the use of gestures, displays of weapons, or destruction of property, including pets; C. Threats of for attempts at physical lor sexual abuse or other means of coercion and control, including harm to or threats to harm children, other family members, or pets; D. Sexual abuse or threats to inflict nonconsensual sexual acts, including sexual activity with a minor; E. Mental, emotional, or psychological abuse including degradation, constant put- downs, or humiliation that results in a reduced ability to engage in daily activities; F. Isolation from friends, family, or any type of emotional support system; G. Neglect or deprivation of medical care; H. Stalking; Page 1 of 4-Procedure Economic abuse or control of finances through withholding money or sabotaging attempts to attain economic self-sufficiency; and/or, J. Child molestation, incest Statewide automated system The electronic platform used to calculate public assistance program benefits and grant payments. Supportive payment A payment and/or service in addition to basic cash assistance or diversion that is based on an assessed need. Workforce Development (WD or WFD) The program provided to clients determined to be work eligible as described in section 3.607 Procedures: San Juan County allows clients to voluntarily and confidentially self-identify as survivors ofDV, by providing multiple, safe opportunities for clients to disclose this information, and using trained staff to conduct routine assessments. Screening, assessment and discussions about DV occur in a private confidential area. Screening & Assessment Every adult or minor parent on Colorado Works (including clients on child-only cases) must be screened for DVI by a worker certified in the Family Violence Option (FVO) at the time of application, before completing a child support referral. Verbal screenings for DV must take place in aj private, confidential area where the conversation cannot be overheard by others, and where the client's partner or children are not present. Ifa conversation is takingp place over the phone or by a virtual meeting, the county worker will determine ift the client is in a safe environment before discussing the topic. Ifa confidential environment is not available where a verbal discussion would not be overheard, the screening might be performed non-verbally (usinga a screening document or form), or the conversation might be deferred to another time. Ifthe screening for DV must be deferred, the county will identify that child support good cause is pending in the statewide automated system to ensure that referrals to child support are not made before the client has been screened. DV screenings or discussions will not be initiated, verbally or nonverbally, in the presence of another adult without the CW client's approval. The State Department Domestic Violence Screening Form is a tool that must be added to a client's case file as a record that a screening occurred. Because one "yes" for any item is sufficient to identify a client as a survivor of DV, workers are not required to ask all questions on the form. The individual who conducted the screening and the date it was completed must be documented in the statewide automated system. When a DV screening identifies the client as a survivor of DV, San Juan County will assess the client to determine their needs for support, referrals and waivers. Self-disclosed information remains confidential, unless information disclosed triggers a mandatory reporting requirement or there is an immediate threat to the safety of the client or others. Page 2 of 4-Procedure Waiver San Juan County will offer the following good cause waivers for DV survivors: 1.) Child Support Services: San Juan County must offer a child support referral waiver to the DV: survivor. a.) San Juan County will ensure waivers are offered timely and efficiently through the following: * The determination for the waiver is made during the initial appointment by the intake worker or by the case manager ift the initial screening for DVI has been deferred. * The worker uses the prudent person principle to determine ift the client meets the criteria to offer the waiver. 2.) Work activities: Ifa client is identified as a survivor of DV that interferes with the safety and/or ability to participate in the CW Workforce Development (WD) program, San Juan County will offer the client a waiver. 3.) Time Clock: Ifa client is identified as a survivor of DV that has reached or is nearing their 60th month on TANF, San Juan County will offer the client a 60 month time limit extension according to the San Juan County Hardship Extension policy. San Juan County will involve the client in the decision to grant a waiver and the client may accept or refuse any waiver offered. Clients will also be provided information about the statewide Address Confidentiality Program. This referral and associated services will be captured in the Individualized Plan (or in case comment for child-only cases).. A continued FVO waiver must be reassessed and documented in the statewide automated system every six months. Waivers will be accompanied by documentation in the statewide automated system describing the following: 1.) Past, present and ongoing impact of family violence on the client and family. 2.) The client's connections to advocacy groups, available resources and support systems. 3.) Safety planning (details of the plan do not need to be documented). 4.) Participation in and/or waiver work components. 5.) Opportunities to improve financial security while maintaining the safety of the client. Referrals San Juan County provides referrals to appropriate DV advocacy, counseling, and support services, to include the women's shelter, San Juan Basin Public Health agency, law enforcement, legal aid, The Family Center, Sexual Assault Services Organization (SASO), etc. Brochures and other informational handouts regarding domestic and family violence issues are distributed and available in English and Spanish to all CW clients. The information is located in the lobby and all common areas and can be sent via e-mail if requested. The information includes, but is not limited to, material from local DV providers, batterer intervention service providers, victim advocate organizations, victim' 's compensation programs, and DV safety planning. Training San Juan County staff and any contractor who plays a role in worki ing with CW clients (i.e. intake, eligibility, assessment, case management, investigations, or workforce development) will receive state-sponsored training in recognizing, responding, and referring survivors and/or perpetrators ofI DV, including associated impacts on economic independence and community Page 3 of 4-Procedure resources. After initial training, refresher training willl be taken at least once every five years. San Juan County supplements state training with internal training provided in collaboration with the local and/or state DV programs or agencies. San Juan County will verify that internal staff and contracted staff members as described in this paragraph have been trained. Signed by: CHAIR, SAN JUAN COUNTY BOARD OF COUNTY COMMISSIONERS DATE Page 4 of 4-Procedure SAN JUAN COUNTY SOCIAL SERVICES PROCEDURE TITLE: TANF Hardship Extensions DEPARTMENTIS: Temporary Assistance for Needy Families EFFECTIVE Date: March 1, 2022 REVISION Date: REGULATIONS: C.R.S. 26-2-706.6; 9CCR 2503-6; 3.600.2 AGENCY LETTERS: IM-EBD-2022-0003 APPROVED BY: Approved by the San. Juan County BOCC (see signature) Background & Purpose: This policy ensures extensions to Colorado Works grant payments are provided where appropriate and as feasible, within federal and state program guidelines. An assistance unit containing an individual who has received Federal' TANF assistance in Colorado or another state(s) as an adult for sixty (60) cumulative months may not be eligible for Federal TANF assistance unless granted an extension by the county department due to hardship. The purpose of this policy is to establish the criteria for a hardship extension beyond 60 months for Colorado Works. Definitions: Assessed need Any identified need of a client or family receiving CW grant payments beyond ordinary, routine living expenses that is designed to deal with a specific crisis situation or episode of need, is not intended to meet recurrent or ongoing needs, and will not extend beyond four months without a new assessment. Basic Cash Assistance (BCA) A recurrent cash payment intending to meet ongoing needs. Client -A current or past applicant or a current or past recipient of a CW grant payment. Colorado Works The TANF program in Colorado. County worker An employee or designated representative oft the county department. Diversion A short-term cash payment (not to extend beyond four (4) months) intended to meet an episode of need. Domestic violence (also known as family violence) means a pattern of coercive control one individual inflicts upon another in the context of familial, household, or intimate partner (current or former) relationships including marriage and dating. Violence may be inflicted through a variety of means including, but not limited to: A. Physical acts threatening or resulting in physical injury to the individual, including hitting, punching, slapping or biting; B. Intimidation resulting in fear ofimminent bodily harm through the use of gestures, displays of weapons, or destruction of property, including pets; C. Threats of or attempts at physical or sexual abuse or other means of coercion and control, including harm to or threats to harm children, other family members, or pets; D. Sexual abuse or threats to inflict nonconsensual sexual acts, including sexual activity with a minor; E. Mental, emotional, or psychological abuse including degradation, constant put- downs, or humiliation that results in a reduced ability to engage in daily activities; F. Isolation from friends, family, or any type of emotional support system; Page 1 of 3-Procedure G. Neglect or deprivation of medical care; H. Stalking; I. Economic abuse or control of finances through withholding money or sabotaging attempts to attain economic self-sufficiency; and/or, J. Child molestation, incest. Statewide automated system The electronic platform used to calculate public assistance program benefits and grant payments. Supportive payment A payment and/or service in addition to basic cash assistance or diversion that is based on an assessed need. Workforce Development (WD or WFD) The program provided to clients determined to be work eligible as described in section 3.607 Procedures: All clients may request an extension when a hardship exists. A client's request for an extension can be made through PEAK, the MyCOBenefits app, verbally, or in writing. Extensions may be granted for up to six months; additional extensions may be granted if circumstances warrant the extension and it is requested prior to the end of the current extension. Ifa client fails to request an extension on a timely basis, an extension may be granted at the discretion of San Juan County. Eligibility To receive a Colorado Works hardship extension, the assistance unit must be eligible for basic cash assistance. Assistance units that contain disqualified members (ineligible non-citizens, clients serving Intentional Program Violations (IPVs), fleeing felons, and drug felons who have not completed action towards rehabilitation) are not eligible to receive an extension. Assistance units that contain excluded members (SSI recipients, recipients of other Title IV income etc.) are eligible to be considered for an extension. San Juan County will consider an extension ift the client is experiencing hardship such as disability, legal challenges, family instability, domestic violence, or issues with finding adequate child care, housing or transportation. San Juan County will also consider an extension when employment opportunities are inadequate or unavailable due to layoffs in the area, a lack of jobs due tol high unemployment rates and poor labor market in the region, working conditions that present a risk to health or safety, or available job opportunities not aligning with the present skillset of the client. San Juan County will consider not only the client's current hardship, but the history of the client' 's experience with the TANF/Colorado Works program when makinga a determination to approve or deny a request. Process Clients who are approaching the 60-month time limit on Colorado Works assistance receive correspondence through the statewide automated system starting at 55 months. In addition to this automated correspondence, San Juan County will make all reasonable efforts to contact clients who may be eligible for an extension by phone or in person to explain the extension process and to accept a request for an extension. When an extension is requested, San Juan County will make Page 2 of 3-Procedure a reasonable effort to gather any additional information about the client's situation required to make a decision. All extension requests must be data entered into CBMS. In San Juan County, the decision to approve or deny a hardship extension is made by the County Director and San Juan County will make a determination to grant or deny the extension within 30 days of receiving the client's request. Written notification oft the approval or denial will be issued through CBMS. Clients who receive a denial of an extension request have the right to appeal and request continued benefits. Clients who are receiving continued benefits after the denial ofa hardship extension request and continue to work with a case manager may receive supportive payments at San Juan County's discretion according to the San Juan County Other Assistance and Supportive Payments Policy. San Juan County must work with clients to develop a plan to address the causes of the extension. This may include goals that are part ofa client's Individualized Plan, action items to connect with county and community supports, and any other guidance that would be beneficial to stabilize the household. The desired outcome of the plan is for the client to transition off of Colorado Works at the end oft the hardship extension. County Utilization of Hardship Extensions Up to 20% of the statewide Colorado Works caseload may be granted an extension beyond the 60-month lifetime limit due to hardship. The State of Colorado will notify counties ifa concern is identified with nearingt the. 20% caseload limit, and if such a concern has not been identified, San Juan County will consider all requests for hardship extensions without regard to limiting the number of cases that are granted extensions. Signed by: CHAIR, SAN JUAN COUNTY BOARD OF COUNTY COMMISSIONERS DATE Page 3 of 3-Procedure SAN JUAN COUNTY SOCIAL SERVICES PROCEDURE TITLE: TANF Supportive Payments & Other Assistance DEPARTMENT/S: Temporary Assistance for Needy Families EFFECTIVE Date: March 1, 2022 REVISION Date: REGULATIONS: C.R.S. 26-2-706.6 .6; 9CCR 2503-6; 3.600.2 AGENCY LETTERS: IM-EBD-2022-0003 APPROVED BY: Approved by the San Juan County BOCC (see signature) Background & Purpose: Colorado Works (CW) is Colorado's Temporary Assistance for Needy Families (TANF) program. Through the program, clients receive help becoming self-sufficient by strengthening their family's economic and social stability. CW serves as a financial safety net for children and their caretakers. San Juan County conducts thorough assessments for the whole family to ensure other assistance and supportive payments are provided for all identified needs. The purpose ofthis policy is to provide San Juan County workers the guidelines and requirements when administering other assistance or supportive services to clients. Definitions: Assessed need Any identified need ofa client or family receiving CW grant payments beyond ordinary, routine living expenses that is designed to deal with a specific crisis situation or episode of need, is not intended tor meet recurrent or ongoing needs, and will not extend beyond four months without a new assessment. Basic Cash Assistance (BCA)- A recurrent cash payment intending to meet ongoing needs. Client A current or past applicant or a current or past recipient ofa CW grant payment. Colorado Works The Temporary Assistance for Needy Families (TANF) program in Colorado. County worker An employee or designated representative of the county department. Diversion A short-term cash payment (not to extend beyond four (4) months) intended to meet an episode of need. Statewide automated system The electronic platform used to calculate public assistance program benefits and grant payments. Supportive payment A payment and/or service in addition to basic cash assistance or diversion that is based on an assessed need. Workforce Development (WD) The program provided to clients determined to be work eligible as described in section 3.607. Page 1 of 5-Procedure Procedures: San Juan County provides supportive payments and other assistance to all eligible CW clients in accordance with federal law, state rule, and the guidelines outlined in this policy. Eligibility Clients are able to receive supportive payments if they have an assessed need and: They are receiving BCA, or > They received a diversion payment in that month (see the San Juan County Diversion Policy), or > They are a non-custodial parent who needs assistance attaching to or retaining employment who is lawfully present and has annual income under $75,000. They are engaged in San Juan County's post-TANF or job-retention program and are lawfully present with an annual income under $75,000. Assessed. Needs An assessed need is any identified need beyond ordinary, routine living expenses that is designed to deal with a specific crisis situation or episode of need, is not intended to meet recurrent or ongoing needs, and willi not extend beyond four months without ai new assessment. Assessed needs may include: > Paying for school or training programs Transportation Personal care or clothing > Housing > Childcare > Financial planning and budgeting Mediation for non-custodial parents Coumselingiehabiliation > Incentives for goal achievement (as outlined further outlined, below) > Incentives for gaining and/or maintaining employment (as further outlined, below) > Special medical needs (family planning, therapylcounseling. and dental services) that are not covered by Health First Colorado Needs of the children in the family including extracurricular activities, incentives for grades/school attendance, and technology > Any other identified need that will help to stabilize the client or whole family Page 2 of 5-Procedure San Juan County will assess non-work eligible families for other assistance and/or supportive payments at each eligibility interview, at minimum. Work eligible clients must be assessed for supportive payments by a county worker at least once every 90 days. The results of an assessment or discussion to identify assessed needs for other assistance and/or supportive payments shall be documented in case comments in the statewide automated system within five business days of the assessment date. Supportive Payments San Juan County may address assessed needs by issuing supportive payments through the statewide automated system (the Colorado Benefits Management System (CBMS)) to the client's Electronic Benefit Transfer account or as a CBMS direct vendor payment, or through other supports offered by community providers. San Juan County's other assistance or supportive payments may not exceed $2,000 in a single payment transaction and $2,000 per year. In addition, the total amount of supportive services issued for any individual shall not exceed $2,000 during the participant's 60-month TANF time limit. Other assistance payments or supportive payments funded through other programs/resources: (monetary or not) do not count towards a client's lifetime supportive payment limit. Any supportive service requests exceeding $100 will require supervisory review and approval using the county documented process. The County Director or the Director's designee has the discretion to override the amount of other assistance or supportive payments issued to a CW client or family. Clients may request supportive payments at any time through PEAK, the MyCOBenefits application, verbally, or in writing. San Juan County shall take action on all other assistance or supportive payment requests within ten calendar days from the date of request by the client or family. All requests for and decisions to approve or deny supportive payments shall be documented in CBMS within five business days. Clients may appeal supportive payment denial decisions and San Juan County will adhere to the county and State's appeal process. Unallowable Supportive Payments The below assessed needs are not eligible for supportive payments: > Medical services (except for family planning, therapy/counseling, and dental services that are not covered by Health First Colorado) Needs covered by Title IV ofthe Social Security Act that supports children in foster care Needs ofa client' 's children who are not in the home Page 3 of 5-Procedure Juvenile justice related services Purchase ofa capital asset (such as a car, home, investment property, etc.) greater than $5,000 San Juan County will provide resources and referrals to clients who demonstrate these assessed needs but will not issue monetary payments to meet the need. Referrals San Juan County workers are responsible for connecting CW clients to resources that will help support their long-term economic security, as well as ensuring clients receive appropriate support inat timely manner. The purpose ofreferrals is to connect clients with various services available within the community, which clients can continue to access after leaving the CW program. San Juan County workers shall provide referrals for all families. Referrals include but are not limited to: > Housing services Transportation assistance Client advocacy services Prevention and intervention Health services, including treatment and therapy Domestic violence supports Legal services, including mediation Food resources Employment Incentives San Juan County TANF caseworkers may authorize additional payments to an eligible CW participant, which are designed to provide incentives for meeting specific goals and achieving benchmarks that lead to self-sufficiency and are clearly documented in the individual plan (IP). These additional payments are not to exceed $250 per participant during their 60-month TANF timeframe of eligibility. This incentive funding does not count towards the previously outlined $2,000 individualhousehold lifetime limit for supportive services funding. These incentive payments shall be issued according to the following guidelines: $25 of bonus supportive service payments are available for meeting the following criteria: > Completing the application process for which a caseworker has made a referral; such as for SSI/SSDI, Child Care Assistance Program (CCAP), or other as identified by caseworker in IP, OR Completing a job application which results in a job interview, OR Complete Aztec Course, OR Page 4 of 5-Procedure Pass GED test, OR > Staying engaged, meeting the work participation requirement & reporting hours to caseworker timely for 30-days in a row, OR Achieve a short-term goal as identified by caseworker and outlined clearly in the IP, OR Enroll your child in school or a daycare program. $50 ofbonus Supportive Services payment available for meeting the following criteria: > Maintain employment for 90 consecutive days, OR Complete a higher-educational course or pass a certification program, OR Obtain a driver's license. $150 ofbonus Supportive Services payment available for meeting the following criteria: > Identifying two barriers to employment and documenting steps to resolve them, AND Resolving those two barriers to achieving self-sufficiency through employment, AND > Obtaining self-sufficiency through employment or other gainful work-related activity. Non-Custodial Parent Supportive Payments To support the multi-generation framework, San Juan County may provide supportive payments listed in this policy, and based on an assessed need to non-custodial parents to assist with obtaining and retaining employment. Non-custodial parents should be able to engage in and pay child support payments as a result of these supportive payments. When requested, San Juan County will provide any external documents, for State review, relating to supportive payments outside of this policy. Signed by: CHAIR, SAN JUAN COUNTY BOARD OF COUNTY COMMISSIONERS DATE Page 5 of 5-Procedure SAN. JUAN COUNTY SOCIAL SERVICES PROCEDURE TITLE: TANF Workforce Requirements &Employment Outcomes DEPARTMENT/S: Temporary Assistance for Needy Families EFFECTIVE Date: March 1, 2022 REVISION Date: REGULATIONS: C.R.S. 26-2-706.6; 9CCR 2503-6; 3.600.2 AGENCY LETTERS: IM-EBD-2022-0003 APPROVED BY: Approved by the San Juan County BOCC (see signature) Background & Purpose: The Colorado Works (CW) Workforce Development (WD) program is designed to engage clients with services, opportunities, resources and tools needed to successfully obtain employment. For clients who are not able to work, the CW WD program offers support and services to increase employability and promote family safety and stability. The purpose of this policy is to ensure San Juan County workers provide work-eligible clients opportunities to engage in initial and ongoing program activities. This policy also provides guidance on how to deliver employment and training services, and utilize program resources, such as the Work Verification Plan and the Work Activity Definition Guide to connect clients to employment and training activities. Definitions: Assessed need Any identified need of a client or family receiving CW grant payments beyond ordinary, routine living expenses that is designed to deal with a specific crisis situation or episode of need, is not intended to meet recurrent or ongoing needs, and will not extend beyond four months without a new assessment. Client A current or past applicant or a current or past recipient ofa CW grant payment. Collateral contact A person outside the client's household (excluding sponsor(s) and landlord who also live in the home) who has first-hand knowledge of the client's circumstance and provides a verbal or written confirmation thereof. This confirmation may be made either in person, in writing, electronically submitted, or by telephone. Acceptable collateral contacts include but are not limited to: employers, landlords, social/migrant service agencies, and medical providers who can be expectedto provide accurate third-party verification. The name/title ofthe collateral contact as well as the information obtained must be documented in the statewide automated system. Colorado Works (CW) The Temporary Assistance for Needy Families (TANF) program in Colorado. County worker An employee or designated representative of the county department. Demonstrable evidence (DE) Evidence that a client has refused to comply with the workforce program. Page 1 of 11-Procedure Good cause means circumstances beyond the control of the client. Good cause includes, but is not limited to, medical emergencies or hospitalization; a client who has a disability or other medical condition(s) requiring additional time and/or assistance; a delayed appointment with the Social Security Administration beyond the client's control; or other good cause determined reasonable by the county department using the prudent person principle, including the reasons outlined in 3.608.3. Related to the appeal process, the following circumstances do not constitute good cause: an excessive workload ofap party or his or her representative or attorney; when a party obtains legal representation in an untimely manner; a party or his or her representative or attorey's failure to either receive or timely receive, a timely mailed initial decision, or other timely mailed correspondence from the Office of Administrative Courts, the Office of Appeals, or the county department; when a party or his or her representative or attorney has failed to advise the Office of Administrative Courts, the county department, or the Office of Appeals ofa change of address or failed to provide a correct address; or any other circumstance which was foreseeable or preventable. Prudent person principle (PPP) Based on experience and knowledge oft the program, the county department exercises degree of discretion, care, judiciousness, and circumspection, as would a reasonable person, in a given case. Sanction A reduction in CW grant payments for an established period of time as a result of not participating in the WD program. Signature Handwritten signatures, electronic signature techniques, recorded telephonic signatures, or documented gestured signatures. A valid handwritten signature includes a designation of an X. For Individualized Plans (IP) and conditions agreements, a verbal agreement isan acceptable signature and must be substantiated with an electronic, recorded telephonic, or written agreement oft the terms. Statewide automated system The electronic platform used to calculate public assistance program benefits and grant payments. Supportive payment A payment and/or service in addition to basic cash assistance or diversion that is based on an assessed need. Workforce Development (WD) The program provided to clients determined to be work eligible as described in section 3.607. Procedures: Initial Workforce Development Work Eligible Clients San Juan County will ensure all work-eligible clients are referred to the WD program during the eligibility appointment. Cases that do not have a work-eligible adult are considered "child only" cases and these cases are not required to participate in the WD program. Clients are provided the Page 2 of 11-Procedure date and time of their first WD program appointment or orientation, as well as who to contact if they need to reschedule the first appointment or their orientation. Clients have the ability to reschedule their first WD appointment or orientation within the first full month of being referred to the program. Demonstrable. Evidence Ifa client does not develop an Individualized Plan (IP) collaboratively with the county worker upon referral to the WD program, this shall be considered a DE which will result in the closure of the grant payment. San Juan County workers must make clients aware of demonstrable evidence during the eligibility appointment and/or when the client is referred to the WD program. Workforce Development Screening A WD screening must be completed within 30 calendar days from the date of application for work-eligible clients. The WD screening is conducted automatically through the statewide automated system during the Interactive Interview. The WD screening collects a client's basic skills, past employment history, and employability. Workforce Development Assessment San Juan County uses the State prescribed WD assessment with all work-eligible clients. The assessment must be completed at a client' 's first WD appointment and at least once every six months. The WD assessment must be completed prior to and shall be utilized to inform the development ofa client's IP. The WD assessment shall be documented in case comments in the statewide automated system within 5 business days of the assessment date. San Juan County workers will also use the WD assessment to determine the issuance of supportive payments. Clients may share circumstances that impact their employability during the WD assessment, including: > Domestic violence > Substance use Resolving medical or mental health issues > Actively seeking social security income A Pregnancy Primary care for an infant younger than 12-months A Primary care for a disabled family member > Child welfare involvement > No available child care > Lack of transportation > Homelessness or inadequate housing > Other family emergencies on a case-by-case basis Page 3 of 11-Procedure Ifthese circumstances are present, the San Juan County worker must list barrier activities in the statewide automated system (Plan screen, Needs Assistance section, etc.). However, barrier activities are not required to be added to a client's IP. Clients are not required to provide documentation for the circumstances listed above. However, the client must createa plan in partnership with the county worker to remain engaged in the WD program. San Juan County workers reference the program' 's Work Activity Definition Guide on how to apply activities. Condition. Agreement San Juan County workers use the State prescribed Condition Agreement that clearly outlines the expectations of San Juan County and the client. The county worker shall review the Condition Agreement with the client within 30 calendar days from the date of the WD screening. Initial Individualized Plan The initial IP shall be developed at the same time the San Juan County worker and client review the Condition Agreement (within 30 calendar days from the date oft the WD Screening). The initial IP shall be developed collaboratively between the San Juan County worker and the client, addressing any needs, goals, and supports the client or their family may have. The initial IP shall be comprehensive including matters relating to securing and maintaining training, education, or work. No abbreviations or acronyms shall be used on the IP. The IP identifies goals and determines manageable action steps for satisfying the objectives a client has. The San Juan County worker shall ensure the client understands the terms of the initial IP and clients must sign the initial IP (see the signature criteria in the definition section of this policy). The initial IP shall be documented in case comments in the statewide automated system within five business days of the initial IP date. Ongoing Workforce Development Case Management San. Juan County's workers must have contact with WD clients at least once every 90 days, but maintain the flexibility to meet more frequently. The contact may include an update to the IP if needed and shall include an assessment for supportive payments (see the San Juan County Other Assistance and Supportive Payments Policy). Contact attempts that are unsuccessful shall be documented in the statewide automated system within five business days. Ongoing Workforce Development Assessment The State prescribed WD Assessment shall be completed at least once every six months and shall be documented in case comments in the statewide automated system. In addition, the State prescribed WD assessment must be completed by the new county of record within 30 days of a county transfer (based on the date ofthe transfer county code in the statewide automated system). To ensure the client is assessed timely following a county transfer, San Juan County will immediately contact the client to schedule an appointment or conduct a WD assessment over the phone. Individualized Plan Modification Page 4 of 11-Procedure Either a client or a San Juan County WD worker may request a modification of the IP. Any modification made will result in a new IP that must have a valid form of signature (see the Definitions Section of this policy) and date by the client. Ift the client does not agree with the modification, they may request due process through the county and/or State level hearing process. In addition, an updated IP must be completed by the new county of record within 30 days ofa county transfer (based on the date of the transfer county code in the statewide automated system). To ensure the client's IP is updated timely followinga county transfer, San Juan County will immediately contact the client to schedule an appointment or update the IP over the phone. The IP will be updated immediately following the WD assessment. IP modifications or new IPs shall be documented in case comments in the statewide automated system within five business days of the new IP or IP modification date. Work Activities Engaged in Work Activities Work eligible clients are required to engage in the WD program through participation in actions and activities that are selected in partnership with a San Juan County worker. All actions and activities in the IP shall relate to the outcome ofboth initial and ongoing assessments. The statewide automated system shall accurately reflect all activities that a client is participating in, regardless ifthat activity is incl luded in the IP. San Juan County workers will reference the Work Activity Definition guide to apply and stack appropriate activities (such as a transportation barrier activity with ajob search activity). San Juan County workers will record activities in the statewide automated system within five business days of the client starting the activity. Allowable Work Activities Work activities are defined in greater detail in Colorado 's federally approved Work Verification Plan. Allowable work activities include: 1.) Employment, such as full-time or part-time employment, subsidized employment, on the job training, and temporary employment. 2.) Education, such as pursuing a degree, high school equivalency, job skills training, English as a second language courses, or pursuing a certificate. 3.) Volunteer work, such as community service, work experience programs, and unpaid internships. 4.) Search for work, such as applying for jobs, interviewing, attendingjob fairs, and attending hiring events. 5.) Job readiness activities, such as interpreting labor market information, identifying references, buildingjob search skills, building cultural competencies, substance abuse and mental health treatment, mitigating the effects of domestic violence, and rehabilitation activities. Page 5 of 11-Procedure San Juan County WD clients are considered to be engaged in WD program requirements ifthey are participating in any work activity listed above, a barrier activity, or any other work activity in the Work Verification Plan. Clients will report their engagement (number of fhours) in a work activity in the month by the end of the following month (with the exception of work activities that allow projecting hours). San Juan County workers will reference the Work Verification Plan to allow as much flexibility as possible for the client' 's engagement reporting method. Allowable ways to report engagement include: Client declaration that is made in writing, such as an email communication, or made verbally with supporting documentation entered into the state's automated system or the client's case file. o Examples of client declaration include, but are not limited to: a client declaring how much time is spent on a job application for their job search, a client submittinga timesheet declaring homework hours for an educational activity, or a client providing the number of hours spent in workplace soft skills training at a work experience site. Ifthe number ofhours declared by the client falls outside of generally recognized practices, additional substantiation ofhours may be warranted. Pay stubs, timesheets, tracking sheets, or employer-issued documentation. School-issued documentation including progress reports, report cards, and attendance records. Interfaced electronic data from a credible source such as the National Directory of New Hires (NDNH). Colorado's Department of Labor & Employment Job Bank, also known as Connecting Colorado. Collateral contact. For the purposes of substantiating hours, a collateral contact could include worksite supervisors, employers, human resource departments, school officials, or other individuals with firsthand observation or experience with the information that is being verified. Projecting participation hours for up to six months at a time (for paid work activities). Ifno other means to substantiate hours exists, PPP, which is the San Juan County workers' reasonable judgment of actual hours, can be documented. The San Juan County worker will record a client's program engagement, through the number of hours a client has spent in an activity, in the statewide benefits management system within five business days of the client reporting, or a San Juan County worker determining engagement in an activity. Fair Labor Standards Act San Juan County WD clients in paid work experience activities shall be entitled to the same wages and benefits, including but not limited to, sick leave, holiday and vacation pay, as offered to employees who are not WD clients and who have similar training or experience performing the same or similar work at a specific workplace. Clients in unpaid work experience activities are entitled to all rules under the Fair Labor Standards Act as indicated in the Work Verification Plan. Page 6 of 11-Procedure Good Cause and Re-engagement Good Cause San Juan County WD clients may report good cause for not engaging in WD at any time during the current application period. Verification for good cause is not required to be provided by the client. The San Juan County worker shall use the prudent person principle to determine good cause which may be reported by the client in person, virtually, telephonically, or electronically. San Juan County workers must enter good cause in the state automated system within five calendar days. Good cause for the client may include, but is not limited to: > Breakdown in child care arrangements Lack of available and appropriate child care Remotely located without transportation A Breakdown in transportation arrangements with no feasible alternative School obligations that frequently necessitate a parent's or caretaker's attendance > Loss of housing or housing crisis that might result in homelessness or eviction > Medical emergencies, including mental health, substance abuse, or crisis, involving anyone in the household Physical or mental disability or illness of the client or an individual in the client' 's care Legal proceedings for the client or other immediate family members A Employment issues when layoffs occur, wages are below applicable federal and state minimum wage standards, working conditions present a risk to health or safety, or workers' compensation protection does not exist Client's incarceration Jury duty Death of an immediate family member or authorized representative Good cause does not constitute an exemption from WD program requirements or time limits. If there is good cause for not participating in the WD program, a sanction or case closure will not be imposed. San Juan County will follow the state prescribed process for re-engagement to include good cause, re-engagement, sanctioning, and closing a case. Even though good cause does not constitute an exemption from the WD program, San Juan County workers will consider good cause when grantinga program extension. See the San Juan County Hardship Extensions policy for more information. Re-engagement There may be instances where a client is unable to comply with WD requirements, such as: Missinga scheduled meeting Not participating with the IP Page 7 of 11-Procedure In these instances, the San Juan County worker will send a request for the client to report good cause through correspondence generated via the statewide automated system. The client has 11 calendar days to report good cause for being unable to comply with the WD requirements in their IP. San. Juan County workers will make every effort to re-engage clients immediately over the phone or through a virtual platform. Re-engaging clients using these methods does not require a new or updated IP and serves as the re-engagement appointment if the client provides a written or verbal waiver that written notice of the scheduled appointment (described below) is not necessary. Scheduling the re-engagement appointment At the time of the good cause request, the re-engagement appointment invitation will be sent through the statewide automated system. The client shall be provided written notice of the appointment at least four calendar days, but no more than 11 calendar days in advance. The written notice shall include: 1.) The date and time for the appointment. 2.) The opportunity to reschedule the appointment or make other arrangements in the event of good cause. 3.) The opportunity for the client to reschedule their re-engagement appointment once. However, the request to reschedule must be made prior to the original re-engagement appointment date and time. a. The rescheduled appointment cannot exceed 15 calendar days from the original re-engagement appointment. Timeframes for rescheduling the re-engagement appointment include: i. The San Juan County worker has four calendar days to respond to the client's request to reschedule the re-engagement appointment. ii. After the San Juan County worker responds to the reschedule request, and schedules a new re-engagement appointment date, the client shall be provided written notice of the rescheduled appointment within at least four calendar days, but no more than 15 calendar days in advance. Ifthe client reports good cause, or the San Juan County worker determines good cause at any time during the re-engagement schedule process, even after the 11 day calendar period the client has to report good cause, the re-engagement process ends. The San Juan County worker will enter a case comment including the date and type of contact made to determine good cause into the statewide automated system within five business days of determining good cause. Attending the Re-engagement Appointment Once the client attends the re-engagement appointment, with or without good cause, the re- engagement process ends. The San Juan County worker will conduct an assessment to determine ift the client can benefit from supportive payments to re-engage in the program. The San Juan County worker or the client may request to modify the IP during the re-engagement appointment, but modifying the IP is not required. The assessment results and any updates made to the IP Page 8 of 11-Procedure during the re-engagement appointment shall be documented in the case comments in the statewide automated system within five business days of the re-engagement appointment date. Missing the Re-engagement Appointment Ifthe client misses the re-engagement appointment, and makes no attempts to reschedule prior to the scheduled appointment, and the client does not provide good cause, a sanction will be applied to the grant payment and the following process shall occur: 1.) The San Juan County worker will document the unsuccessful outcomes of the attempts to re-engage the client in the statewide automated system within five business days. 2.) A notice of grant payment reduction based on the sanction will be sent. 3.) If good cause is provided after the unsuccessful outcome of the re-engagement attempts is entered into the statewide automated system, the sanction shall be reversed. Exceptional Dis-engagement Ifthe client attends the re-engagement appointment but does not provide good cause, a sanction will not be imposed, unless the San Juan County worker determines that there has been exceptional dis-engagement by the client. Exceptional dis-engagement is evidenced by repetitive or cumulative attendance at re-engagement appointments without reporting good cause. The client's pattern of exceptional dis-engagement must clearly demonstrate repetitive dis- engagement from the program over span of not more than two months, three consecutive times in one month or four consecutive times in two months. San Juan County workers will follow the state prescribed exceptional dis-engagement determination process before applyinga sanction. Sanctions Effect of a sanction on the grant payment San Juan County workers are responsible for explaining what actions may cause a sanction (see the re-engagement section in this policy), when the client will be subject to a sanction, and the sanction process defined below to all WD clients. This conversation between the San Juan County WD worker and client must occur during the review of the Condition Agreement and during alll IP modifications. A case comment with a summary and date of the conversation must be entered in the statewide automated system within five business days. The CW grant payment for the entire household shall be reduced due to a sanction imposed against a member of the assistance unit as follows: > First, Second, and Third level sanctions: The reduction for the first, second, and third instance of sanction shall be 25% of the client's assistance unit's grant payment. The sanction shall be in effect for one month for each level of sanction. A first, second, or third instance of sanction shall progress to the next level of sanction ifthe client does not re-engage in the WD program (defined in the re-engagement section of this policy) by the end oft the month that the sanction is being served. Fourth level sanction: The reduction for a fourth level of a sanction is 100% and shall result in a case closure of the grant payment. The closure shall be in effect for one month. Page 9 of 11-Procedure Ar new application for CW grant payments is required if the household would like to receive benefits after the sanction is served. Serving a sanction All sanctions imposed by San Juan County must be served by the client. Ifa client has had a break in the grant payment for one month or more, the sanction shall be considered served. Ifa client reapplies for the CW grant payment anytime within the calendar month that they are servinga sanction, the client must serve the sanction by having a reduction in benefits according to the first, second, or third level sanctions, or by having a case closed for a fourth level sanction. Sanctioning more than one client in an assistance unit Each CW case can experience no more than one sanction level in a month. Ifi multiple clients in the same assistance unit have sanctions, the sanctions will be served simultaneously and at the higher sanction level when multiple sanction levels exist. Reengagemem/alowing a sanction When a client who is serving a sanction contacts the San Juan County worker and indicates an interest in participating in the WD program, an assessment will be conducted and an IP will be developed. Once the P is signed, the sanction will not progress to the next sanction level unless a new instance of non-compliance occurs. The San Juan County worker will enter the re- engagement date into the statewide automated system along with a case comment with the results ofthe assessment and summary of the IP within five business days oft the re-engagement date. When a client is servinga sanction based on exceptional dis-engagement, the client will be considered re-engaged when they attend a re-engagement appointment. Appeal of a Sanction The WD client has the right to appeal San Juan County's 's sanction. The client can utilize the local level dispute resolution process and/or a state level hearing process. The appeal period for proposed sanctions begins with the mailing of a notice of sanction that lists the proposed action and the client's appeal rights. A notice of proposed action shall not be issued by San Juan County for proposed sanctions until the re-engagement process has been completed. Sanctions from other counties and states All sanctions shall be served when a client moves from one county to another. The new county may become aware of good cause for previous non-participation and may reverse the sanction if appropriate. Sanctions issued in other states will not be recognized in the State of Colorado. Page 10 of 11-Procedure Workforce Development Outcomes The San Juan County worker is responsible for capturing and recording all client outcomes in the statewide automated system. The worker will check-in with the client at least once every 90 days, and more frequently if needed, to capture outcomes. Outcomes that must be recorded in the statewide automated system are: > Progress towards goals (such as enrolling in school) > Job attainment San Juan County workers will make the best effort to capture and record: > Attainment ofa credential or certificate > Job wage > Job O*Net Code > Job title > Employer name Signed by: CHAIR, SAN JUAN COUNTY BOARD OF COUNTY COMMISSIONERS DATE Page 11 of 11-Procedure SAN JUAN COUNTY SOCIAL SERVICES! PROCEDURE TITLE: TANF Diversions DEPARTMENTIS: Temporary Assistance for Needy Families EFFECTIVE Date: March 1, 2022 REVISION Date: REGULATIONS: C.R.S. 26-2-706.6; 9 CCR 2503-6; 3.600. .2 AGENCY LETTERS: IM-EBD-2022-0003 APPROVED BY: Approved by the San. Juan County BOCC (see signature) Background & Purpose: San Juan County recognizes that families may have immediate and short-term needs for financial assistance that, ifi met, can quickly stabilize the familylassistance unit, thereby divertinga need for ongoing cash assistance. A diversion payment is a needs-based, cash payment designed to meet short- term needs. Payments are designed to address specific crisis situations or episodes of need and are not designed to meet basic ongoing needs. Definitions: Assessed need Any identified need of a client or family receiving CW grant payments beyond ordinary, routine living expenses that is designed to deal with a specific crisis situation or episode of need, is not intended to meet recurrent or ongoing needs, and will not extend beyond four months without a new assessment. Basic Cash Assistance (BCA) A recurrent cash payment intending to meet ongoing needs. Client A current or past applicant or a current or past recipient of a CW grant payment. Colorado Works The Temporary Assistance for Needy Families (TANF) program in Colorado. County worker An employee or designated representative of the county department. Diversion A short-term cash payment (not to extend beyond four (4) months) intended to meet an episode of need. Statewide automated system The electronic platform used to calculate public assistance program benefits and grant payments. Supportive payment A payment and/or service in addition to basic cash assistance or diversion that is based on an assessed need. Workforce Development (WD) The program provided to clients determined to be work eligible as described in section 3.607. Procedures: While diversions are a state level option, San Juan County chooses not to address immediate and short term needs through diversion payments. Signed by: CHAIR, SAN JUAN COUNTY BOARD OF COUNTY COMMISSIONERS DATE Page 1 of 1-Procedure MEMORANDUM May 11, 2022 TO: Board of County Commissioners FR: William A. Tookey RE: Improvement Permit, Gary Bowman Preliminary/Final Submital-Cumberland Mill Site USMS #693B A Public Hearing for Mr. Bowman' 's Preliminary/Final Plan Submittal held on Wednesday May 11, 2022. The Planning Commission reviewed the Preliminary/Final plan and moved to recommend approval of the application with the conditions as presented by staff and recommended by the Planning Commission. Mr. Gary Bowman has submitted a Preliminary/Final Improvement Permit application for the construction of a single-family dwelling located on the Cumberland Mill Site USMS #693B near the confluence of Deer Park Creek and the Animas River. Mountain Zoning District requires a minimum parcel or lot area of5 acres with a setback of20 feet from public lands and 30 feet from private property lines. The Cumberland Mill Site is 4.98 acres. Historically, this parcel would be considered a Nonconforming Lot as the size preexisted the adoption of the Land Use Regulation and may be built upon provided all other relevant zoning district requirements are met. The construction oft the dwelling unit or shed will be required to meet the minimum setback. Scenic Overlay Protection District The site must be designed in a nanner that protects the environmental assets of the area including timber, plants and wildlife, streams and drainage courses and geologic features. All site design and development must be done in a manner which minimizes impacts upon scenic views or vistas. Additional setbacks, landscaping, screening, or design requirements may be required by the County in order to preserve the natural, pristine appearance of the area and to minimize the visual impact to view sheds and view corridors. The visual impact will be primarily on the train passengers as they ride by. There will be a fairly short window when it would be visible from the train. Upon completion of a site visit it was determined by staff that additional screening would be required to minimize the visual impact. The applicant has substantially met the requirements for application submittals as required by 3-102 Requirements for Uses and Improvements. All applications for review will be examined initially to determine whether the proposal is consistent with the County's Master Plan. Master Plan Strategy LU-2.1 Encourages future development in the economic corridors which include the upper Animas Valley from Silverton to Eureka, Cement Creek from Silverton to Gladstone and the South County Line to just above the Mill Creek Subdivision. And Strategy LU-2.2 Identify areas in the growth corridors that are suitable for residential use considering natural hazards, habitat resources, scenic impacts and sensitivity to residential land uses. The proposed development is not located in the identified growth corridors. However, the Master Plan notes that private property rights are respected in San Juan County. The Plan also states that residential development on mining claims are to be built in low-visibility places outside ofenvironmentally sensitive areas, leaving visible ridgelines and other scenic resources undeveloped and minimizing the impacts on the environment. believe this application is attempting to meet the intent oft the Master Plan. a. Adequate potable water is available or can be developed to safely support the proposed use. The applicant plans to access Deer Park Creek for water and will file for surface water rights. He will have a 500-gallon cistern for water storage. b. Adequate sewage disposal can be provided to support the proposed use. The applicant will install a San Juan Basin Health approved septic system. A new application was submitted to San Juan Basin Health and will need to be approved as a condition of the improvement permit. C. Will the proposed use have any adverse impact on public or private property in the vicinity ofthe development? The proposed improvements will have minimal impact on the adjoining property. The Cumberland Mill Site is surrounded by public lands. The primary impact will be the potential visual impact to the riders on the Durango and Silverton Narrow Gauge Railroad. Adjoining property owners have been notified and at this time I have received no comments. d. Will the proposed use have any adverse effect on scenic values, historic sites or structures, air or water or environmental quality, wildlife, erosion or other geological conditions? A Scenic Quality Report has been submitted with the application. The improvements are largely surrounded by substantial vegetative screening. The dwelling unit and shed may be seen briefly by those travelling by rail. The use of appropriate building materials and additional screening will further reduce any visual impact. The previous review did not identify historic sites or structures on the parcel. The improvements should create minimal adverse impacts upon the environmental or wildlife. Any wood stove installed in the home does need to meet or exceed the standards as set by the EPA and will need to be equipped with an approved chimney cap or spark arrestor to minimize the risk of wildfire. All solid waste, garbage and refuse must be kept within the building, in a separate secure enclosed area or in wildlifelbear-resistant containers until it is properly disposed of at the Transfer station. The site was previously reviewed for geologic and hazardous conditions, and none were identified to prevent the construction of a single-family dwelling in its current location. e. Adequate road access exists or can be developed to 1S access appropriate to the use. The applicant will access his property via the Durango and Silverton Narrow Gauge Railroad and/or via "casual use" pedestrian access from Deer Park over BLM Land. The applicant could not demonstrate that he had access to the parcel in compliance with the Land Use Regulation Section 4-103(f)(ir). However, the applicant requested, and the County Commissioners approved the variance to 4-103()(ii) concerning the access requirements to the property. The design and development of the site shall preserve, insofar as possible, the natural terrain and drainage oft the land, the existing topsoil and existing vegetation. Disturbed areas shall be revegetated with native plant species certified weed free as soon as possible after disturbance in order to prevent the establishment and dominance of non-native invasive species. The proposed improvement will preserve, insofar as possible, the natural terrain and drainage ofthe land. All disturbances will be revegetated with native plant species certified to be weed free. g. Sites subject to hazardous conditions, for example avalanche, flood, land slide, rock fall, mud flow, open mine shaft, corrosive water, etc, shall be identified and shall not be built upon or used until satisfactory plans have been approved by the County for eliminating or appropriately mitigating such hazards. The provisions of Chapters 8, 9, 10 and 11 shall govern the evaluation ofthose natural hazards covered by such provisions. This site was previously reviewed for natural hazardous conditions. An avalanche study was prepared by Chris Wilbur and is attached in the application. h. The applicant shall permit continued public access to any historic public trails that cross the property. Terry Kerwin has noted that a historic public trail goes through the property. A portion of that trail is identified on the 1955 Silverton Quadrangle 7.5 Minute Series Topographic Map. Mr. Kerwin also notes that the trail continues beyond the area that is shown on the map but that is outside of the Cumberland Mill Site. He has also identified a potential alternate access to the trail. As per Section 4-110.4 which states: "The applicant shall alllow continued public access on any historic public trails that cross the property. Applicant shall dedicate a trail easement ten (10) feet in width as measured from the existing trail centerline and having five (5) feet on each side; public access signage may be installed by the County. " The applicant will need to dedicate a trail easement through the property. i. Individual building sites shall be plaçed on the Town of Silverton's utility billing system for water and refuse when water is hauled to the site., Any applicant who shows that it is obtaining water from an approved permitted well ori is purchasing water from an acceptable source of potable water other than the Town of Silverton may be permitted to be placed on the Town of Silverton's billing system for refuse only. The applicant will be required to be placed on the Town's utility billing system for refuse only. Other: The current sketch plan application was previously submitted in April of2015. Some of the material such as San Juan Basin application for a septic system and letter from the Railroad. An updated letter from the railroad and application for a septic system were provided in the Preliminary/Final application. The original Sketch Plan Submittal was prepared by Lisa Adair of Engineer Mountain, Inc. To prevent any appearance ofa conflict of interest I will be the Land Use Administrator for this application. The San Juan Regional Planning Commission has reviewed this Preliminary/Final Plan during their regular meeting of April 19, 2022 and voted unanimously to recommend that the San Juan County Commissioners conditionally approved the application during with the following conditions: 1. That the applicant acknowledge that emergency services will not be available in a timely manner and perhaps not at all. 2. That the applicant be placed on the Town of Silverton's Utility billing system for refuse. 3. That all requirements in Section 4-110 of the San Juan County Zoning and Land Use Regulations pertaining to the development of individual building sites shall be met. 4. All improvements to the Cumberland Mill Site shall fully and completely comply with, and strictly conform to, all terms, conditions and restrictions contained int the San Juan County Zoning and Land Use Regulation, all permits issued, and all applicable State and Federal rules and regulations. 5. The failure to comply with these conditions shall be grounds for the revocation of this Improvement Permit. 6. That a dedicated trail easement be dedicated through the Cumberland Mill Site to preserve public access to the historic trail identified on the 1955 Silverton Quadrangle 7.5 Minute Series Topographic Map. 7. That a screening plan be submitted for staff review and approval. The County Commissioners may recommend approval of the application, approval of the application with conditions, denial ofthe application or table the application pending additional information. Iti is staff's recommendation that it be approved with the conditions listed above plus any additional conditions the Board ofCounty Commissioners deems necessary. 10400 0a00 HIGHWAY 10000 S800 0096 0 River 2 3 a - WW 0026 09 a 0800 a 6 San Juan Regional Planning Commission SAN JUAN COUNTY TOWN OF SILVERTON Silverton, Colorado 81433 P.O. Box 223 April 19, 2022 Board of County Commissioners San Juan County Silverton, CO 81433 Members of the Commission: RE: County Improvement Permit Application Preliminary-Final Plan Proposed Bowman Cabin Cumberland Mill Site USMS No. 693B, Adjacent to DSNGRR Right-of-way at the Confluence of Deer Park Creek & Animas River Near Silverton, San Juan County At the regular meeting of the San Juan Regional Planning Commission on April 19, 2022, members oft that Commission held la meeting to discuss the Proposed County Improvement Permit Application and Preliminary-Final Plan for Proposed Bowman Cabin. The application includes proposed single-family dwelling located the Cumberland Mill Site USMS No. 693B near the confluence of Deer Park Creek and the Animas River. After considerable discussion and background of the project, questions and presentations from William Tookey and the applicant, the Planning Commission voted unanimously to recommend to the San Juan County Commissioners that you approve the proposed County Improvement Permit Application and Preliminary-Final Plan with the 6 proposed conditions of approval. Thank you for considering this recommendation. Sincerely, The Planning Commission Members and James Weller Chairman ANESI LAV W FIRM 835 EAST SECOND AVE., SUITE220 DURANGO, COLORADO 81301 T.970.247.9246 F. 970.259.2793 Email: nick@fjancsi.com March 24, 2022 San. Juan County Board of Commissioners & Planning Commissioners PO Box 466 Silverton, Colorado 81433 RE: GARY BOWMAN IMPROVEMENT PERMIT APPLICATION Parcel: Cumberland Mill Site USMS No. 693B Adjacent lo DSNGRR Right-ofway at the Confluence of Deer Park Creek & the Animas River Near Silverton, San. Juan Co. CO Dear Commissioners: Iam writing this letter on behalf of our client, Gary Bowman (the "Applicant"), in connection with his parcel ofland known as the Cumberland Mill Site USMS No. 693B (the "Property"). Enclosed is Mr. Bowman' 's Improvement Permit Application (the "Application"). On August 17h, 2021, the Planning Commission voted unanimously to recommend to the County Commissioners to approve his proposed Sketch Plan: On September gh, 2021, the Board ofCounty Commissioners conditionally approved Mr. Bowman' S Sketch Plan and granted his variance request for access. In accordance with the instruction set forth in County Administrator's letter dated September 10, 2021, Iam submitting a final copy ofMr. Bowman's Application for a consolidated Preliminary/Final Plan review. Most of the enclosed Application isa duplication of Mr. Bowman' 's previously submitted Applications. The primary difference is an updated San Juan Basin application for a septic system and an updated letter from the Durango & Silverton Narrow Gauge Railroad contirming its ongoing willingness to provide Mr. Bowman with services to access his cabin site. Also, have included copies of the relevant correspondence related to Mr. Bowman's variance request for your convenience. Ihave separated the Application into two parts. The first section includes copies of the updated septic application and letter from the D&SNGRR. I have also included the relevant correspondence regarding Mr. Bowman's variance request. The second section includes the original Application that was submitted in 2017. We look forward to meeting with the Planning Commission on April 19th and the County Commissioners on May 11th. Page I of2 6. That the public trail through the Cumberland bei identified and acknowledged that it remains open for public use. The Planning Commission may reçommend approval of the application, approval of the application with conditions, denial ofthe application or table the application pending additional information. Iti is staff's recommendation that it be approved with the conditions listed above plus any additional conditions the Planning Commission deems necessary. Very truly yours, Nicholas F. Anesi cc: Client Dennis Golbricht, County Attorey via E-mail Page2of2 SAN JUAN BASIN Permit # public health 2022 Year APPLICATION to Construct, Alter, or Repair an On-site Wastewater Treatment System Owner: Gary Bowman Phone: 928-853-8180 Site address: Cumberland Mill Site, USM5693B Assessor's parcel# 48290000010261 Subdivision: San. Juan County Lot#: N/A Lot size: 5 (acres) # of Dwellings: 1 # of Bedrooms: 1 Water supply: Cistern lacknowledge: (1) This application does not guaranteet that an On-site Wastewater Treatment System ("OWTS") can be Installed ora building permit issued; (2) The issuance of the OWTS permit does not imply any warranty by San Juan Basin Public Health as to the operation oft the OWTS; (3) The OWTS must be constructed in accordance with the San Juan Basin Publlc Health On-site Wastewater Treatment System Regulations; and (4)1 The owner of the property: assumes then responsibiity andll llabillty for the proper maintenance oft the OWTS. Date: 2/27/21 Owner's signature: fary Bowman Owner's mailing address: 910 N. Leroux St., Flagstalt, AZ 86001 Owner's email address: gary/bowman@nauedu [DEPARTMENT USE ONLY] Permit fee: $ Payment type: Rec'd by: Date: SiteEvaluation LTAR: Limiting Zone: Depth: PERMITto an On-site Wastewater Treatment System Septic tank(s): Design flow: (gal/day) Distribution: Gravity or Pressure siphon pump Soil treatment area: DesignSpecifications and Comments: Authorization to begin Construction Permit must be signed! by EHS BEFORE construction! begins Environmental Health Specialist Date Final Inspection The above. system has been inspected and found to comply with the above requirements. System Installed by (name, company, phone) Environmental Health Specialist Date System Designed by (name, company, phone) Form revised 12/7/2017 AILROAD E FAX: 970 259-3570 Phone: 970 259-0274 . 4791 Main Avenue DURANGO, COLORADO81301-5494 RESERVATIONS: 970 247-2733 www. durangotrain.com RAILROAD March 23, 2022 Dear Mr. Bowman, RE: Gary Bowman Claim at MP 494 Thank you for reaching out concerning your opportunity to construct a cabin and shed at the Cumberland Mill site to the east oft the railroad ROW below Silverton, and for the time for us to review how wer may assist as needed. We understand that the cabin/improvements will be located outside of the Railroad's right ofway and will not otherwise interfere with Railroad operations during or after construction. Noting that in 2017, the BLM provided you with casual use access via BLM lands, and the Railroad previously extended the offer to assist your construction phase via rail transportation, we confimm that are still able to ofler special move train services that can serve to move equipment and materials to the site during construction. I Iknow you are aware that the terms of any chartered services will be based on our availability of power mobilization and staff and driven by season and traffic on the line. Best Regards, E / Jeff Johnson Vice President, General Manager San Juan Regional Planning Commission SAN JUAN COUNTY TOWN OF SILVERTON Silverton, Colorado 81433 P.O. Box 223 August 17,2021 Board ofCounty Commissioners San Juan County Silverton, CO 81433 Members of the Commission; RE: County Improvement Permit Application Sketch Plan, Proposed Bowman Cabin Cumberland Mill Site USMS No. 693B, At confluence ofDeer Park Creek and Animas River, San Juan County Att the regular meeting of the San. Juan Regional Planning Commission on August 17, 2021, members of that Commission held a mecting to discuss the proposed County Improvement Permit Application. The application includes a sketch plan for a proposed Mr. Bowman Cabin, a single-family dwelling located on the Cumberland Mill Site No. 693B. Gary Bowman and his Attomey representing him, Mr. Nick Anesi are both to answer questions. present Aller considerable lengthy discussion, questions, and presentations from the 2017 application and updates, the Planning Commission voted unanimously original to recommend to the County Commissioners that you approve the proposed Sketch Plan with the six proposed conditions of approval. The summary and conditions County are included. The San Juan County Commissioners will hear from Mr. Bowman and Anesi at the first meeting in Seplember regarding visual impacts lo the site and access. Attorey Thank you for considering this recommendation. Sincerely, The Planning Commission Members and Ken Safranski, Chairman MEMORANDUM September 8, 2021 TO: San Juan County Regional Planning Commission FR: William A. Tookey RE: Improvement Permit, Gary Bowman Preliminary/Final Submittal-Cumberland Mill Site USMS #693B A Public Hearing for Mr. Bowman's Sketch Plan Submittal held on Wednesday September 8, 2021. The County Commissioners reviewed the sketch plan and moved to approve the sketch plan application with the conditions as presented by staff and recommended by the Planning Commission. The County Commissioners also approved the variance request from Mr. Bowman to 4-103(f)(ii) concerning the access requirements to the property. Mr. Gary Bowman has submitted a Preliminary/Final Improvement Permit application for the construction of a single-family dwelling located on the Cumberland Mill Site USMS #693B near the confluence ofl Deer Park Creek and the Animas River. Mountain Zoning District requires a minimum parcel or lot area of5 acres with a setback of20 feet from public lands and 30 feet from private property lines. The Cumberland Mill Site is 4.98 acres. Historically, this parcel would be considered: a Nonconforming Lot as the size preexisted the adoption of the Land Use Regulation and may be built upon provided all other relevant zoning district requirements are met. The construction of the dwelling unit or shed will be required to meet the minimum setback. Scenic Overlay Protection District The site must be designed in a manner that protects the environmental assets of the area including timber, plants and wildlife, streams and drainage courses and geologic features. All site design and development must be done in a manner which minimizes impacts upon scenic views or vistas. Additional setbacks, landscaping, screening, or design requirements may be required by the County in order to preserve the natural, pristine appearance oft the area and to minimize the visual impact to view sheds and view corridors. The visual impact will be primarily on the train passengers as they ride by. There will be a fairly short window when it would be visible from the train. However, after a site visit it was determined that additional screening would be required to minimize the visual impact. The applicant has substantially met the requirements for application submittals as required by 3-102 Requirements for Uses and Improvements. All applications for review will be examined initially to determine whether the proposal is consistent with the County' 's Master Plan. Master Plan Strategy LU-2.1 Encourages future development in the economic corridors which include the upper Animas Valley from Silverton to Eureka, Cement Creek from Silverton to Gladstone and the South County Line to just above the Mill Creek Subdivision. And Strategy LU-2.2 Identify areas in the growth corridors that are suitable for residential use considering natural hazards, habitat resources, scenic impacts and sensitivity to residential land uscs. The proposed development is not located in the identified growth corridors. However, the Master Plan notes that private property rights are respected in San Juan County. The Plan also states that residential development on mining claims are to be built in low-visibility places outside of fenvironmentally sensitive areas, leaving visible ridgelines and other scenic resources undeveloped and minimizing the impacts on the environment. Ibelieve this application is attempting to meet the intent of the Master Plan. a. Adequate potable water is available or can be developed to safely support the proposed use. The applicant plans to access Deer Park Creek for water and will file for surface water rights. He will have a 500-gallon cistern for water storage. b. Adequate sewage disposal can be provided to support the proposed use. The applicant will install a San Juan Basin Health approved septic system. A new application was submitted to San Juan Basin Health and will need to be approved as a condition of the improvement permit. C. Will the proposed use have any adverse impact on public or private property in the vicinity of the development? The proposed improvements will have minimal impact on the adjoining property. The Cumberland Mill Site is surrounded by public lands. The primary impact will be the potential visual impact to the riders on the Durango and Silverton Narrow Gauge Railroad. Adjoining property OWI ners have been notified and at this time I have received no comments. d. Will the proposed use have any adverse effect on scenic values, historic sites or structures, air or water or environmental quality, wildlife, erosion or other geological conditions? A Scenic Quality Report has been submitted with the application. The improvements are largely surrounded by substantial vegetative screening. The dwelling unit and shed may be seen briefly by those travelling by rail. The use of appropriate building materials and additional screening will further reduce any visual impact. The previous review did not identify historic sites or structures on the parcel. The improvements should create minimal adverse impacts upon the environmental or wildlife. Any wood stove installed in the home does need to meet or exceed the standards as set by the EPA and will need to be equipped with an approved chimney cap or spark arrestor to minimize the risk of wildfire. All solid waste, garbage and refuse must be kept within the building, in a separate secure enclosed area or in wildlifebear-resistant containers until it is properly disposed of at the Transfer station. The site was previously reviewed for geologic and hazardous conditions, and none were identified to prevent the construction of a single-family dwelling in its current location. e. Adequate road access exists or can be developed to ensure access appropriate to the use. The applicant will access his property via the Durango and Silverton Narrow Gauge Railroad and/or via "casual use" pedestrian access from Deer Park over BLM Land. The Land Use Regulations 4-103(f)(ii) requires that adequate access must be subject either to (a) deed(s) granting access across all private property the access traverses from the parcel being improved to the nearest public San Juan County road or state highway (in which event the applicant also shall demonstrate the existence ofap perpetual agreement governing the use and maintenance ofsuch private road across private property) or (b) one or more valid road permits across any federal or state property lying between the parcel being improved and the nearest public San Juan County road or state highway. The applicant cannot demonstrate that he has access to the parcel in compliance with the Land Use Regulations. However, the applicant has received a variance to the access requirement. The design and development of the site shall preserve, insofar as possible, the natural terrain and drainage of the land, the existing topsoil and existing vegetation. Disturbed areas shall be revegetated with native plant species certified weed free as soon as possible after disturbance in order to prevent the establishment and dominance of non-native invasive species. The proposed improvement will preserve, insofar as possible, the natural terrain and drainage of the land. All disturbances will be revegetated with native plant species certified to be weed free. g. Sites subject to hazardous conditions, for example avalanche, flood, land slide, rock fall, mud flow, open mine shaft, corrosive water, etc, shall be identified and shall not be built upon or used until satisfactory plans have been approved by the County for eliminating or appropriately mitigating such hazards. The provisions of Chapters 8, 9, 10 and 11 shall govern the evaluation of those natural hazards covered by such provisions. This site was previously reviewed for natural hazardous conditions. An avalanche study was prepared by Chris Wilbur and is attached in the application. h. The applicant shall permit continued public acce SS to any historic public trails that cross the property. Terry Kerwin has identified a historic public trail that goes through the property. That trail will need to be identified and continue to provide public access. i. Individual building sites shall be placed on the Town of Silverton's utility billing system for water and refuse when water is hauled to the site., Any applicant who shows that it is obtaining water from an approved permitted well or is purchasing water from an acceptable source of potable water other than the Town of Silverton may be permitted to be placed on the Town of Silverton's billing system for refuse only. The applicant will be required to be placed on the Town's utility billing system for refuse only. Other: The current sketch plan application was previously submitted in April of2015. Some of the material such as San. Juan Basin application for a septic system and letter from the Railroad. An updated letter from the railroad and application for a septic system was provided in the Preliminary/Final application. The original Sketch Plan Submittal was prepared by Lisa Adair of Engineer Mountain, Inc. To prevent any appearance of a conflict of interest will be the Land Use Administrator for this application. The County Commissioners reviewed and conditionally approved the sketch plan application during their regular meeting of September 8, 2021, and voted unanimously to recommend approval with the following conditions. 1. That the applicant acknowledge that emergency services will not be available in a timely manner and perhaps not at all. 2. That the applicant be placed on the Town of Silverton's Utility billing system for refuse. 3. That ail requirements in Section 4-110 of the San Juan County Zoning and Land Use Regulations pertaining to the development of individual building sites shall be met. 4. All improvements to the Cumberland Mill Site shall fully and completely comply with, and strictly conform to, all terms, conditions and restrictions contained in the San Juan County Zoning and Land Use Regulation, all permits issued, and all applicable State and Federal rules and regulations. 5. The failure to comply with these conditions shall be grounds for the revocation of this Improvement Permit. Additionally, I would recommend the additional condition ofa approval: MEMORANDUM September 8, 2021 TO: San Juan Board ofCounty Commissioners FR: William A. Tookey RE: Improvement Permit, Gary Bowman Sketch Plan Submital-Cumberland Mill Site USMS #693B A Public Hearing for Mr. Bowman' 's Sketch Plan Submittal is scheduled for 10:00 an on Wednesday September 8, 2021. Mr. Gary Bowman has submitted. an Improvement Permit application for the construction ofa single- fimily dwelling located on the Cumberland Mill Site USMS #693B near the confluence of Deer Park Creck and the Animas River. This application was previously submitled and ullimately denied by the Board ofCounty Commissioners primarily because the applicant did not meet the Zoning and Land Use Code definition for adequate access. Mr. Bowman is concurrently requestinga variancc to Section 4-103() adequate road access from the County Commissioners as allowed by 13-104 Variances. Because Mr. Bowman took no action to appeal the decision by the Board of County: Commissioners to deny his application in 2017, this application nceds to be reviewed as a new application. Additionally, there have becn changes in the membership of the Planning Commission and Board of Counly Commissioners as well as change in the ownership of adjoining properties. The application fees have been paid. The adjacent landowners have becn notified via US Mail of the proposed Improvement Permit application. The list and map of adjacent properly owners is attached. Mountain Zoning District requires a minimum parcel or lot area of 5 acres with a setback of 20 feet from public lands and 30 fect from private property lines. The Cumberland Mill Site is 4.98 acres. Historically, this parcel would be considercda Nonconforming Lot as the size preexisted the adoption of the Land Usc Regulation and may be built upon provided all other relevant zoning district requirements are met. The construction of the dwelling unit or shed will be required to mcet the minimum setback. Scenic Overlay Protection District The site must be designed in manner that the environmental assets of the area including timber, plants and wildlife, streams prolecis and drainage courses and geologie features. All site design and devclopment must be done in a manner which minimizes impacts upon scenic views or vistas. Additional setbacks, landscaping. screening, or design requirements may he required by the County in order to prescrve the natural, pristine appcarnce of the area and fominimize the visual impact to view sheds and view corridors. Prior to preliminary linal submittal applieant may need to provide additional information to delermine the visual impact on the site inc luding story boards, building elevations. and compuler generatesl renderings of Tthe improvements placed upon the site. Additional screening may ber required ton mininize the visual impuct. The applicant has substantially met thc requirements for application submittals as required by 3-102 Requirements for Uses and Improvements. All applications for review will be examined initially to determine whether the proposal is consistent with the County' 's Master Plan. Master Plan Strategy LU-2.1 Encourages future development in the cconomic corridors which include the upper Animas Valley from Silverton to Eurcka, Cement Creek from Silverton to Gladstone and the South County Line to just above the Mill Creek Subdivision. And Strategy LU-2.2 Identify areas in the growth corridors that are suitable for residential use considering natural hazards, habitat resources, scenic impacts and sensitivity to residential land uses. The proposed development is not located in the identified growth corridors. However, thc Master Plan notes that private property rights are respected in San Juan County. The Plan also states that residential development on mining claims are to be built ini low-visibilily places outside of fenvironmentally sensilive areas, leaving visible ridgelines and other scenic rcsources undeveloped and minimizing thei impacts on the environment. Ibelieve this application is attempting to meet the intent of the Master Plan. a. Adequate potable water is available or can be developed to safely support the proposed use. The applicant plans to access Deer Park Creek for water and will file for surface water rights. He will have a 500-gallon cistern for water storage. b. Adequate sewage disposal can be provided to support the proposed use. The applicant will install a San Juan Basin Health and Environment approved septic system. Will the proposed use have any adverse impact on public or private property in the vicinity of the development? The proposed improvements will have minimal impact on the adjoining property. The Cumberland Mill Site is surrounded by public lands. The primary impact will be the potential visual impact to the riders on the Durango and Silverton Narrow Gauge Railroad. Adjoining property owners have been notified and at this time have received no comments. d. Will the proposed use have any adverse effcct on scenic values, historic sites or structures, air or water or environmental quality, wildlife, erosion or other geological conditions? A Scenie Quality Report has been submitted with the application. The improvements are largely surrounded by substantial vegetative sercening. The dwelling unit and shed may be seen briefly by those travelling by rail. The use of appropriate building materials and additional screening will further reduce any visual impact. The previous review did not identify historic sites or structures on the parcel. The improvements should create minimal adverse impacts upon the environmental or wildlife. Any wood stove installed in the home does need to meet or exceed the standards as set by the EPA and will need to be with an approye ved chimney cap or spark arrestor to minimize the risk equipped of wildfire. All solid waste, garbage and refuse must be kept within the building, in a separate sccure enclosed area or in wildliebear-resistant containers until it is properly disposed of at the Transfer station. The site was previously reviewed for geologic and hazardous conditions, and none were identified to prevent the construction of a single-family dwelling in its current location. Adequate road access exists or can be developed to ensure access appropriate to the use. The applicant will access his property via the Durango and Silverton Narrow Gauge Railroad and/or via "casual use" pedestrian access from Deer Park over BLM Land. The Land Use Regulations 4-103()(ii) requires that adequate access must be subjecr either 10 (a) deed(s). granting access across all private propert the access trarerses frum the parcel heing improved 1o the neurest publie. San Juan Counly roud or stute lighay (in which event the upplicant alsa shall demenstrate the existence af a perpetual agreement governing the use and mintenance of such private road ucrussprivute property) or (b) one or more valid road permits ucross uny federal or state properly lying hetween the purcel being improved and the neurest public San Juun County roud or stute highwy. The applicant cannot demonstrate that he has access to the parcel in compliance with the Land Use Regulations. The applicant has submitted a variance request to the access requirement. The design and development of the site shall preserve, insofar as possible, the natural terrain and drainage of the land, the existing topsoil and existing vegetation. Disturbed areas shall bc revegetated with native plant species certified wced frce as soon as possible after disturbance in order to prevent the establishment and dominance of non-native invasive species. The proposed improvement will preserve, insofar as possible, the natural terrain and drainage of the land. All disturbances will be revegetated with native plant species certified to be weed free. g. Sites subject to hazardous conditions, for cxample avalanche, flood, land slide, rock fall, mud flow, opcn mine shaft, corrosive water, etc, shall be identified and shall not be built upon or uscd until satisfactory plans have been approved by the County for eliminating or appropriately mitigating such hazards. The provisions of fChapters 8, 9, 10 and 11 shall govern the evaluation of those natural hazards covered by such provisions. This site was previously reviewed for natural hazardous conditions. An avalanche study was prepared by Chris Wilbur and is attached in the application. h. The applicant shall permit continued public access to any historic public trails that cross the property. There does not appear to be any historic public trails through the property. i. Individual building sites shall be placed on the Town of Silverton's utility billing system for water and refusc when water is hauled to the site., Any applicant who shows that it is obtaining water from an approved permitted well or is purchasing water from an acceptable source of polable water other than the Town of Silverton may be permitted to be placed on the Town of Silverton's billing system for refuse only. The applicant will be required to be placed on the Town's utility billing system for refuse only. Other: The current skelch plan application was previously submitted in April of2 2015. Some of the material such as San. Juan Basin application for a septic system and letter from the Railroad will need to updated should this project move forward to preliminary plan review. The original Sketch Plan Submittal was preparcd by Lisa Adair of Engineer Mountain, Inc. To prevent any appearance of a conflict of intcrest will be the Land Use Administrator for this application. The Planning Commission reviewed this application during their regular mecting of August 17, 2021, and voted unanimously to recommend approval with the following conditions. 1. That the applicant acknowledge that emergency services will not be available ina a timely manner and perhaps not at all. 2. That the applicant be placed on the Town of Silverton's Utility billing system for refuse. 3. That all requirements in Section 4-110 of the San Juan County Zoning and Land Use Regulations pertaining to thc development of individual building sites shall be met. 4. All improvements to the Cumberland Mill Site shall fully and completely comply with, and strictly conform to, all terms. conditions and restrictions contained in the San Juan County Zoning and Land Use Regulation, all permits issued, and all applicable State and Federal rules and regulations. 5. The failure to comply with these conditions shall be grounds for the revocation of this Improvement Permit, REQUEST FOR VARIANCE Mr. Bowman is requesting variance to section 4-103)(i) access must be subject either to (a) deeds/granting: access across allp privateproperlylhe. access traversest from the parcel being improved to the nearest public San Juan County road or slate highway (n which event the applicant also shall demonstrate the existence of a perpelual agreement goveming the use and maintenance of such privale road across private or (b) one or more valid road permits across any federal or state property lying property) between the parcell being improved and the nearest public San Juan County road or state highway. The applicant is requesting variance from the Board of County Commissioners as allowed in 13-104: Variances Except as set forth in hapier 12. variance es 10 this Coile and ils provisions may he graned lonly hy vote of the Boardafc 'ounty C ommissioners afier completion of at least une fiull appearance slep, in the Reviewr and appeal Proces.s covered in Chaper + of this Code. Upon the completion of the sketch plan review the Commissioners can then consider the variance request. A variance request should be of exceplional marrowness. shallowness, or shapc ofa specific picce of property al the time of theienactment of this Code, or by reason of exceptional topographic condilions or other extraordinary and exceptional situation or condition of such piece of property. the strict application ol any zoning or land use regulation would result in pcculiar and exeeptional pactical diflicultics lo, or undue hardslip upon, the owner of such propery: toauthorize. upon appeal,a variance from such strict application so as lo relicve such dillic ulties or hardship. in suchreliet my be granted without substantially impairing the intent and purpose of this Code. Thc Cumberland Mill Site presents somewhat unique situation in that there is access to the property via the train or hiking from Deer Park but neither uccess meets the requirement of Section 4-103()(i) of the Land Use Code that requires that adequale access must be subject cither lu (a) deed(s) granting ace cess CICPONN all private propery the access tranerses from the parcel being improed no the nearest public Sn. Juan Comly road or state higheay (in whic h revent the applcunt also shall demonsirate the existence afa perpetal agreement gorernng the IIsE and munle mance n! se privule roaducross private propery) or (h) one os more vdlid roail permls l" TOSN any federal or stale property lying henen the parcel being improved and de nean public Sin. Juan ( ounly road or state highwy. Il would not the léasible to constrnct au access to the property that would meet the Code requirement. Any attempl to construct an access as required by the code would create an exceptional practical difficulty. A variance as requested would not substantially impair the intent and purpose of the Code. SANJUAN COUNTY COLORADO 1557 GREENESTREET P.O.BOX4 466 MOMTATON.COLOMAUOANAN PIONPFAYVM,AITHA mpanemdy-frleant Seplember 10, 2021 Mr. Nick Anesi Anesi Law Firm 835 East Sccond Ave., Suile 220 Durango,CO 81301 Dear Mr, Ancsi: Please be advised that the San Juan County Board ol Commissioners. during their regular mecting of September 8. 2021, conditionally approved the Sketch Plan as submitted by Mr Gary Bowman for the proposed improvements to the Cumberland Mill Sile UISMS No 693B. Ihe conditions for the approval included the lollowing. 1. That the applicant acknowledge thal emeigency seivices will not be available in timely manner and perhaps not at all. Fhai the applicant be piaced un the lown ol Siiverion' S Uulity billing system fur neiuse 3. That all requirements in Scction 4-110 of the San Juan County Zoning and Land Use Regulations pertaining to the development ol individual buikling sites shall be mel. 4. All improvements (o the Cumberland Mill Site shall fully and completely comply with, and strictly conform to, all terms. conditions and restricticns contained in the San Juan County Zoning and Landlisc Regulation, all pennits issued. and all applicable State and T'ederal rules and regulations 5. That approval is contingent upon the approval ol the applicant S request (or a variance lo San Juan County Land Use Section 4-103(Ddi) Access. The failure to comply with these conditons shall be grounds for the rcvocation of this Improvement Permit. Also, during their regular meeting of September 8, 2021. the Commissioners approved Mr Bowman' S variance request to Section 4-103(0(ii) Access of the San Juan County Zoning and Land Use Regulations. lhe next step for Mr. Bowman is to provide Preliminary Plau Submittal as per Section 4-106 Preliminary Plan Appearance of the Land Use Regulations Sccton4 109C0 ONSOLIDATION Ol PROCEDURES allows U for thc County Commissioners to review both the Preliminary and Final Plan submittals in a combined procedure. It would be my recommendation that the next submittal be a consolidaled Preliminary/E inal Plan. J Section 4-110 provides the Design and Develupment Slandards by which the submittal will be reviewed. You will need to submit your Preliminary/Final plans to me for Administrative Review. Once determine that the plans a completc and in compliance the with the Zoning and Lund Use Regulations, will schedule you for an appcarance before the San Juan Regional Planning C'ommission. You will need to provide 14 copies of your Preliminary/Final Plans The Planning Commission generally meets on the 31d Tuesday of each month. I would need the plan submitted no latter than the 1"day oft the month lo have adequate time to review thc documents and prepare a report for the Planning Commission. Some of the documcuts in the sketch plan were dated and will need to be updated prior to submittal of thc Preliminary/Final Plan. Additionally, will need to make a sitc visit with the applicant or his representative so that all parties are clear on whal the improvements are and where they are goinga and what impacts they may have. Because thc improvements are within the Scenic Overlay Protcction District the site visit is also necessary to what additional screening may be necessary lo minimize the visual impact. During the Sketch Plan Public Hearing it was pointed oul that therc is historic trail that crosses the property. Ifwe determine thal there isat trail it will need to be identified on thc upplicants site plan as a public trail. Ifyou have any questions, please contact me at your convenience. Sincerely, wal William A. Tookey County Administrator'l. and Use Administrator ANESILAW FIRM SSEANTSIKCONDAVL: SEITT 220 DURANGO, COLORADO81301 1.970.2179216 970,259.2793 Fmail: nickaljancsi com Scptember 7, 2021 Sent viae email only to William Tookey: ulbmimwumlwmolenalue San. Juan County Board of Commissioners PO Box 466 Silverton, Colorado 81433 RE: UPDATE GARY BOWMAN VARIANCE REQUEST Parcel: Cumberland Mill Site USMS No. 693B Adjacent lo DSNGRR Right-ofway al the Confluence of Deer Park Creck & the Animas River Neur Silverton, San. Juan Co. CO Dear Board of County Commissioners: lam writing to provide you with you a brief update to assist with tomorrow's 's variance hearing. My client and - met with thc Planning Commission on August 17h, 2021, to review the subject County Improvement Permit Application. While the Commission voted unanimously to recommend that you approve the Sketch Plan, there appeared to be some confusion regarding Mr. Bowman' s 2017 application which - hope to clarify with this letter. During the August 17th, 2021, meeting, the Planning Commission inquired about access to Mr. Bowman's property. Among other things, Mr. Bowman's properly was compared with three (3) other mining claims/ cabin sites limited to foot access. Mr. Tookey emphasized that the issue of access was not within the scope of the August 17" hearing, however, questions were raised about prior approvals and denials of Mr. Bowman' 2017 application. Below isa bullet point synopsis of the 2017 hcarings where the issue of access was addressed: Planning Commission Meeting (Unanimous Approval of Sketch Plan): January 17, 2017. Mr. McKay, el al, vote YES County Commissioner Meeting (2 to Approval of Sketch Plan): March 8, 2017. Commissioner Mr. McKay reverses prior vote from Planning Commission meeting and votes NO Planning Commission Meeting (5 to ( Approval of Preliminary-Final): August 15, 2017. Mr. McKay votes NO Page lof2 G. Bowman Variance Request Update County Commission Meeting (2 to - Denial of Preliminary-Final): October I, 2017.Mr. McKay and Mr. Fetchenheier vote NO. The issue of access was thoroughly addressed and then approved at the January 2017 meeting as evidenced by the contents of the original Improvement Permit Application Sketch Plan Submittal. In this regard, it remains unclear why Mr. McKay voted to approve the Permit Application at the January 2017 meeting, and then voted to deny the same at the March 2017 meeting. In addition to the information provided. above, wish to correct an incomplete citation referenced in my letter to you dated June 16, 2021. The following isa correction to footnote 7: Colorado State Constilution, Article XV, Sec. 4 which states in part: "[AJIl railroads shall be public highways, and all railroad companies shall be common carriers... We hope this letter provides clarity and assists with your review. We look forward to tomorrow' 's hearing. Regards, Nicks A las F. Arese Nicholas F. Anesi cc: Client Dennis Goldbricht, County Attorney via E-mail 'See2015 Improvement Permit Application submitted with Variance Request on June 16,2 2021. Page 2of2 G. Bowman Variance Request Update ANESI LAW FIRM 835EAST SLCOND AVE. SUME 220 DURANGO, COLORADO81301 1.970.2479246 1.970259.2793 Email: nickatjanesi.com June 16, 2021 Sent via email only 10 William Tookey: ulamraemolmalae San. Juan County Board of Commissioners PO Box 466 Silverton, Colorado 81433 RE: GARY BOWMAN, /VARIANCE REQUEST Parcel: Cumberland Mill Site USMS No. 693B Adjacen! to DSNGRR Right-ofway al the Confluence of Deer Park Creek & the Animas River Near Silverton, San. Juan Co. CO Dear Board of County Commissioners: Our firm represents Gary Bowman (the "Applicant" or "Mr. Bowman") in connection with his parcel of land known as the Cumberland Mill Site USMS No. 693B (the "Property"). I am writing to request a variance to the County's access requirements so that Mr. Bowman can obtain an Improvement Permit and build a cabin on his Property.' The following request is made pursuant to San Juan County's Code $7-125, Below isa a brief factual background followed by the grounds upon which our client' S requesti is based. I.FACTUAL BACKGROUND Mr. Bowman has been trying to build a 550 square foot cabin on his Property since 2011. The project was first presented to the Planning Commission in 2014, and approved by thal body in 2017. It was, however, denied by the Board ofCounty Commissioners (the "Commissioners") in Fall of2017. As the basis for denial, two Commissioners asserted that the Property lacked access, though the Applicant has demonstrated that the access requirements were in fact met. All other elements of the application were approved. To address access concerns without again undertaking the entire application process, Mr. Bowman requested a continuance at the lime of denial, bul said request was denied. Mr. Bowman was deterred from pursuing a variance request in 2017 due to the associated time and costs. Since there is no statutory limitation or rule within San Juan County's Code that bars Mr. Bowman from sceking a variance, he is hopeful the Commissioners will grant his 'See E-mail correspondence with D. Goldbricht dated 12/6/19 2See SICCS $7-125 Pagc 1of4 G. Bowman Variance Request to San Juan County Board of County Commissioners requcst. Pursuant to the instruction of the San Juan County Attorney and County Administrator, a full application accompanies this variance request. However, we believe it is unnecessary for the County to conduct a de novo review of the remaining application components since it previously underwent exhaustive analysis, with subscquent approval of all elements aside from adequate access. II. GROUNDS FOR APPEAL A. Existing Precedent and Unique Characteristics Special Circumstances The Burcau of Land Management ("BLM"). and San Juan County Planning Commission, respectively, recognized and approved access to the Property,? Denying the Applicant access to reasonably use his Property goes against well-established: American property law doctrine and public policy.* Nonetheless, during final revicw ofthe 2017 application, the Commissioners overruled the BLM and Planning Commission' S findings and stated the Property lacked access. Although not specifically stated during the 2017 hearing. the Commissioner's primary access concern(s) appears to have been based on limited ability to respond to emergencies. Therefore, the issue appears to be whether adequate access exists". While other cabins in San Juan County appear to present equal or greater access challenges, the Commissioners assert that Mr. Bowman' S Property lacksa county road, a slate highway connection, or a private road or other access as set forth in SJCC $4-103(). It appears the former County Commissioners were unaware that the D&SNGRR' S right-of-way is treated as a highway under Colorado law.? The railruad's right-of-way appears to satisfy the intent of the requirements set forth in SJCC $4-103().3 The Property lies along the Animas River, only two miles from the Silverton town limits, and is located 1.6 miles from a parking area. Itisa approximately 100 feet from the railroad track over flat, easily traversable terrain. Mr. Bowman has obtained permission from the D&SNGRR lo transport building materials and personnel from Durango: or Silverton. Access via rail is reliable and reduces environmental impacts associated with motor vehicle access. Mr. Bowman has vested rights to access his Property beyond mere pedestrian access accorded the general public over BLM-owned lands (i.e., by foot or pack animal from a parking area adjacent to County Road 33A). As a patented claim, 'See Planning Commission Siaff Report dated 7/18/17 *See Restatement of Property $ 476 and. See Powell on Rcal Properly & 34.07, at61-62 SSee Email correspondence with w. Tookey Jated 11/15/19 6ld 7See, Colorado State Constitution Article xy Suk. 4 sld Pagc 2of4 G. Bowman Variance Request to San. Juan County Board of County Commissioners the Federal Government conveyed original title to USMS No. 693B and made said claim privately-owned property including rights of access and reasonable use. In the event of an emergency, the Property can be accesscd by helicopter or rail. Given the relatively flat topography oft the Properly, it seems a helicopter could more easily gain access in the event of an emergency. Other cabins within San Juan County, such as the OPUS Hut, appcar to present greater emergency access challenges. Emergency access lo the Property has improved since the 2017 denial, because the County Sheriff's Department has acquired railway "pop car" to provide emergency access to arcas within the canyon, south of Silverton. This new form of Sheriffs emergency access creates special circumstances which appear to relieve the primary safcty concerns previously expressed by the Commissioners. Finally, we are unaware of any similarly situated claims within San Juan County, sO providing an access variance to Mr. Bowman does not confer a special privilege or create a negative precedent for the County. As such, approval of this variance is in no way injurious to the public, nor will it create a problematic access standard employed by fulure applicants. B. Improved Fire. Safety Design Mr. Bowman recognizes the hcightened concerns regarding firc danger and has proactively made fire safety improvements to his cabin design. In the event ofa fire, a gas generator and water pump will bc accessible. Nolably, the Animas River and Deer Park Creek provide immediate water access to extinguish ai fire. The Animas River is approximately 150 feet from, and only slightly below, the proposed location of the Applicant' cabin. Deer Park Creek crosses the Property and is above the proposed cabin location, sO water could be gravity fed if necessary. These two independent water sources located on or next to the Property provide additional special circumstances which mitigate safety access concerns, Additionally, the Applicant will install a 500- gallon cistern that will provide emergency fire relief. The Property's proximity to the railroad tracks allows for fire emergency pop cars to reach the Property in the unlikely event a fire occurs when the cabin is unoccupied. The attached application includes additional information regarding fire-safe materials which will be used to build the cabin, such as Hardie Board siding. III. CONCLUSION. AND REQUEST FOR RELIEF Based on thc aforcmentioned grounds, Gary Bowman requests that this Board of County Commissioners grant a variance to any and all access requirements that apply to his Property. "See 2015 Improvement Permit Application, Scenic Quality Report, pgs. 20-23 Page 3 of4 G. Bowman Variance Request to San Juan County Board of County Commissioners IV. PRESERVATION OF RIGHTS Mr. Bowman reserves the right to introduce additional evidence and grounds for relief which might arise after the submission of this variance request. Very truly yours, Nickolas F.. Anesii Nicholas F. Anesi cc: Client Dennis Golbricht, County Attomey via E-mail Page 4of4 G.Bowman Variance Request to San Juan County Board ef County Commissioners IMPROVEMENT PERMIT APPLICATION Sketch Plan Submittal Proposed Bowman Cabin Cumberland Mill Site USMS No. 693B Adjacent to DSNGRR Right-of-Way At the Confluence of Deer Park Creek & the Animas River Near Silverton, San Juan County, Colorado Guich Gul ndal! 3 Ne M921 ns & 0986 Pari Applicant: Gary Bowman 9101 North Leroux Street Flagstaff, Arizona 86001 GaryBowman@namuedu (928) 853-8180 Prepared By: Engineer Mountain, Inc. Job No. 2014-103 (970) 387-0500 Submitted: April 29, 2015 "SOILS RETAINING WALLS "SEPTICS "FOUNDATIONS "GRADING AND DRAINAGE MOUNTAIN, *SITE DEVELOPMENT AAE April 29, 2015 San Juan County Altn: Bob Nevins 1360 Greene Street Silverton, Colorado 81433 EMI Job No. 2014-103 Subject: Improvement Permit Application, Sketch Plan Submittal, Proposed Bowman Cabin, Cumberland Mill Site USMS No. 693B, Adjacent to DSNGRR Right-of- Way, at Confluence of Deer Park Creek and Animas River, near Silverton, San Juan County, Colorado. Dear Bob and Commissioners: This submittal has been prepared to describe the proposed improvements on the Cumberland Mill Sitc, owned by Gary Bowman of Arizona. Thc property is located along the Durango & Silverton Narrow Gaugc Railroad Right-of- -Way, at the confluence of Decr Park Crcek and the Animas River. The attached documents have been prepared as a Sketch Plan submittal for a San Juan County Improvement Permit Appliçation. The Applicant requests review of this project by the Planning Commission at their meeting in 21 days, on May 20, 2015. The proposed improvements are located at an approximatc clevation of 9200 feet, and consist of a one-story residential cabin, a shed, and associated utility improvements. No driveway is proposed. The access for this project will be via thc Durango & Silverton Narrow Gauge Railroad regularly scheduled passenger trains. There is also "casual usc" pedestrian access across BLM land, from Deer Park and the Whitehead Trail. The access for this project was reviewed by the Planning Commission on December 10, 2014. Plcase contact Engineer Mountain, Inc. if you have any questions. Sincgrely, & Lisa M. Adair, PE Engineer Mountain, Inc Auachments for Bob Nevins. with 14 Binders for SlalyCommisioners: Receipt from County Trensurer for $350 Improvement Permit Application Fcc Original Signed San Juan County Applicaton lor Improscment Permil Foun Adjacent Land Owner Envclopes Ce Lion Boy ne Pei Masel MalMacksc Boblason Sen lumn ty, Culund. Application for Improvement Permit Name GARY POwMAN APPROVAL CHECKLIST Aadress 9IONOKH LEROVXSTREET land Uee Arhminlatrster Insal FLAGSTAFFAZ Beocmaa-FIen Ownershipo pofSurfare E Name SAE AS APPLIGANT Ownetship of Minerals 6 Address Vicinity Map Phone Cerihed. Sprvey Pat MARELEKGAATeL LLC Mungmentation Address PoRox Z06 Basle Man Map BWERIH,CO Bi423 1771211 Plans, snd Drawings trgaln Desuripienaf Pruperty Road System Relarlanship CUMeERLAND/MIL SIe Zoaing Compatibilily 0Sr75 No. 692 B Slate) Mlaing! Permit Ouper Notneatinn Avalanche Hazard Grologle Hazard Floodplain Hazard Wilanre Harerd TanNn41N. Kanye N. Section 29672 Mineral Resoerce Impact Nsurcer Improsement Plannet Wildlife Imyact ONE FRoposep REZIPENTIL Historie Site Impact CAPIN, ANo AA5OCIATET WatersheJ Clearane Unury SMpRores Conaty Ballding Inspectur Duildlog Permil Slate Elerirical Inepeetor and Ise ne: MAUNKEIH lec clrinal Permit Snn Joan Bash loalik Unk 1A BBw Sewage Dispo Test De gn Dare Applic equesled entral Sewng ge Cudlecfun Ste ale lv islnn Res souues State Documentary Fee Special Warranty Deed Date: November 18, 2011 (Pursuant to 30-30-115CR.S) $4.70 Sare IHIS of DEED, maderon November IB, 2011 by SALEMN MINERALSING COL ORADO for lies consileration o($47.000.00) . Forty Seven Grantor(s), of the Comty of CLEAR CREEK. and sells andconveys to GARY EDWARDI BOWMANG whose Thonsand. and 00/100 : dollars inh hand, paid, hereby AZ 16001, County ul COCONINO, and Statent ARIZONA, Granterfs), the Street address 15 910 N. FROUX SIREET FLAGSTAFE, Colorado, to wil following ri pmpenty in the County of San Jan, ands State uf OF CUMBERI COLORADO. AND MILLSITE, U.S.M.S. NO. 693B, SITUAT D INT THE ANIMAS MEN ENING DISTRICT, COUN VTY OF SAN. alsok known by street and number as: TBD SILVERTON CO 81433 JUAN, STATE witha 2011 all IIs appurtenances, andi warrants de titlea againsi all persons. claiming under the Gient-f)mnenorduse andihuses specific Exeeptinns described by reference to rerorded documents os reflected Grantorts), in the suljeci Tite lug general taxes for the year with Sections I(Tite Reviewofthe Contract to Buy undsell Ducuments accrpled tby property: distribution utility easements. (including cable TV) those specifically Real Estate relating to the above deseribedr freal records oly which Grantee(s) hos actual knoyleilges and which were describedr righs of third parties not shown by the publie Shown by the Publie Records) and Review)ofure arrepiedb by Granteets)inc uccordances with Section 12(Maers not describedn real properly: inclusion Sectionussaney ofthe Property withn any special Contract 1o Buy randsell Real Estate relating tothe uhove uax disirict: andother NONE SALEM MD ENERALS INC. BVT TODI IIENNIS, PRESIDEN NI State of COLORADO my ol ALOAFFROSH C TINTNS E nN dged before me on this day of Naverber lyy3 roDDE TEN NNIS ASPRESIDE NT OF SAI. EM MINEN RAF S INC, 1, 2011 Wimess mmy hand and official seal. My commission expires PROJECT NARRATIVE Cumberland Mill Site (Continued) Engineer Mountain, Inc. Foundation: Depending on the bearing conditions encountered during excavation, the foundation for the proposed cabin will most likely consist of a concrete pier system. No basement is praposed. Surveying: The survey plat for the Cumberland Mill Site was prepared by Professional Licensed Surveyor (PLS) Bob Larson of Monadnock Mineral Services of Ouray. A signed and stamped copy of the survcy plat is included within this application for your review. Subsurface Conditions: Subsurface conditions in the area generally consist of lopsoil overlying sand-and- -gravel soil. The sand- -and- gravel soil typically includes cobbles and boulders. Underlying the surface soil is bedrock. The USGS geology map for the "Silverton caldera" area indicates that the gcologic formations at the sitc consist ofQal and Qig. Qal represents Quatemary Alluvium. Qig represents Quatemary Talus, Glacial deposits, and rock glaciers. Building Envelopes: There are two building envelopcs shown on the attached plans and descrihed within this application. Only one cabin within one building envelope is proposed; the other building envelope will be eliminaled by the Applicant and County during the Sketch Plan revicw process. Both of the buildinge envelopes have been evaluated for avalanche and geohazards potential. Both havc found to be buildable, and either relatively safe or the hazards are low and ablc to be mitigated. Knoll Building Envelope: The northem building envelope is located on a flat- -topped rocky knoll, al the north end of the property. The knoll is treed, and has excellent scrccning to prevent visibility from thc ncarby truin right- of-way. The knoll was selected by the avalancho/geohazards expert as thc safest cabin location on the property, with little hazard, and requiring little or no mitigation. The knoll is localed north of and above Deer Park Crcek. The sides of the Mlat-lopped knoll are rocky and sloped, and thereiore heavy equipment access could he somewhal diflicult getling up onto the knoll. Page sof6 PROJECT NARRATIVE Cumberland Mill Site (Continued) Engineer Mountain, Inc. Flat Building Envelope: The sccond building envelope is located In a flat meadow area south of Deer Park Creek. This flat building envclope was pointed out by the Planning Director as an option to consider during the sile visil, and is the building envelope now prelerred by the Applicant. The flat building envelope would be easier lo build on for logistics. The building envelope was evaluated by the avalanche/gohazards expert as buildable. with some minimal mitigation required. The building envelope limits were selected due to nearby polential rockfall, debris flow, and avalanche areas. Some of the suggested mitigation consists of pointing a back comer of the structure uphill (rather than having solid flat wall facing uphill). constructing low concrete wall al thal back comer, and constructing V-shaped ditch uphill of the structure. Due to limited existing scrcening, cabin al the flat bulding envelope would be visible to an cast- fncing Irain tourist for about 10 seconds as the DSNGRR train travels by the site unless a row of trees is planted. for scrcening, between the cabin and train tracks. Avalanche Hazards: The Sketch Plan for this project has been overlaid onto the generalized County Avalanche Hazard Map. The plan shect is included within this submiltal for your review. The site IS within the Animas River canyon arca, which is gencrallyall project located in an area with Variable avalanche potentral. Therefore the Applicant retained an avalanche consultant Professional Engincer to further evaluate the project site (Chris Wilbur PE of Durngo, who works with the well known avalanche engincer Art Mcars PE). Two avalanche/geohurards reports have been prepared, and arc included for your review The reports describe threc on-site areas found to be relatively safe from avalanche potential on the property, and/or buildable with minimal avalanche mitigation. Two ol the burldable on- site arcas represent the two building envelopes presented in this application. One of the two bulding cnvelopes is relatively avalanci che free, and the other is relatively low hazard and able to he mitigated. Whic hever of the two builling envclopes S selected. the avalanc he espert will be consulted prior to construction. lo check mitigation measures. Page Lol'6 PROJECT NARRATIVE Cumberland Mill Site (Continued) Engineer Mountain, Inc. Geohazards: The Sketch Plan for this project has becn overlaid onto thc generalized County Gcohazards Map. The plan sheet is included within this submittal for your review. According to the County Geohazards map. the site is generally located in an area which needed to be further evaluated, for potential rockfall (rl) and/or debris flow (df) gcohazards. There are two avalmehelgcohazards reports attached, which address the gcohazards potential at the two Wilbur proposed building envelopes. The reports were prepared by Chris PEof Durango, who works with the well-known. avalanche engineer Art Mears PE. The northern building cnvclope is located on a knoll, formed by an ancient debris flow, and, according to the evaluation, is relatively safe from geohazards, requiring no mitigation. The souther building envelope is located in a flat mcadow area. Its limits werc determined in the field by the Applicant, Engineer Mountain Inc., and the gcohazardWavalanche expert. The flat building envelope was sclected to bei in the meadow area suggested by the Planning Director for consideration, with ils lmits defined by the least hazard from potential nearhy avalanche, rockfall, and debris flow zones. The flat building cnvelope could supposedly be located in a run out type zonc of a potential debris flow area. For example, in the unlikely event that adehris (low (mud, rocks, cte.) were totravel down the Deer Park Creek drainage gulch. jump the creck bank, and tum left towards this building envelope, some shallow mud and cobbles could flow towards thc cabin. For mitigation. the cabin can have hack comer facing uphill, instcad of a back wall. A low concrete wall at that cabin back uphill commer could also be used as mitigation (similar to an avalane che splitter shape/finction). A V-shaped ditch uphill of the cabin was also supgested as mitigation effort.in order to channel any miid to go around the cabin instead of intolunder the cabin. Pleasc refer I0 the two avalanche/geohazardk reports. Whichever of thc twobulding envelopes is selccted, the alanchelgsohazardk expert will be consulted prior to construction, tocheck mitigation measures. Elevation at Structure: Approximately 9.180 feet which IS below I .000 Icet clevation. where additional County requiements applys Page 50f6 PROJECT NARRATIVE Cumberland Mill Site (Continued) Engineer Mountain, Inc. Cabin Size: Thc current proposed cabin size is onc story, with a possible attic loft. with a cabin footprint of Tup to:24 feet by 24 fcet feet). The small partial lofi level is being designed as (576square large tocontain a bed, bul small enough that il will not require enough significantly raising the roof/structure height. No basement is proposed. A non- -enclosed small exterior deck and front porch are also proposed, The size and location of the deck and thep porch will depend somewhat on which building enyelope is sclected. Cabin Height: Thc proposed roof pitch is 6:12. The cabin hcight is cstimated to be approximately 18 feet above the finish floor elevation. There will be about three fect between thc ground surface and cabin floor, to prevent or reduce snow melting into the cabin. Cabin Style: The Applicant is designing the cabin with the style of a basic "timber frame" building, with features of a historic mining structurc. Building Materials: Photos of thc proposed building materials are included within this submittal for your review, and the materials consist of the following: struclural framing consisting of wood timbers and/or structural stcel (minimally exposed on the structure exterior); non-reflective, rust colored "Rust Wall" brand, rusted metal siding: minimal window glazing; non-reflective, dark green, "standing seam" metal roofing material. Proposed Shed: The proposed shed is being designed as one story, with a footprint ofu up to 8 feet by 12 feet, with the shed building style to match the proposed cabin. Building Plans: Draft building plans for the proposed cabin have becn preparcd by the Applicant, and are included in this submittal for your review. The plans have bcen drawn with the preferred, Tlat building envelope in mind. and could he revised slightly (such as the deck and porch arcas) if the knoll building cnvelope is selected istead. Page 6of 6 ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. This report is regarding site access information for the Proposed Bowman Cabin, located on thc Cumberland Mill Site USMS No. 693B, prepared by Engineer Mountain, Inc. The Cumberland Mill Site is located south of Silverton. There are no County Roads Ieading to thc site. Adjacent to the sitei is the Right-of- Way (ROW)of thc Durango & Silverton Narrow Gauge Railroad (DSNGRR). The other threc sides of the site are bordercd by Public Lands administered by the Bureau ofl Land Management (BLM). The typical access for a proposed cabin on a mining claim in San Juan County is via cxisting County Roads and a proposed on-sitc driveway. Thcrc arc no County Roads leading directly to this site, and there is no driveway proposed for this project. There are currently two legal methods of access for this site/project. Thc first is via the regularly-scheduled passenger tourist trains operatcd by DSNGRR. The railroad owner (AI Harper) and his staff have agreed in writing that the project site Owner/Applicant Gary Bowman will bc provided with access via the trains for this site/project. This concept access via thc tourist trains was revicwed by the Planning Commission on December 10, 2014. The train staff has noted that in exchange for the purchase of a Season Pass, the Owner/Applicant can arrange transportation with the train staff in advance, and the tourist trains will stop at the project site for him to get on/off the train. They also have made arrangements for transportation of construction cquipment, building materials, and construction personnel (for a fee, and prearanged through the "Special Handling Department" using the "Work Extra' trains). Plcase revicw the email from train Vice- President Evan Buchanan. which follows this page. and summarizes the Irain access arrangements. ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. From Evan Buchanan [mailto: chxdwnunearamplraincom) Sent: Friday, October 10, 2014 1:40 PM To: GaryE Bowman Cc: Paul Schranck Subject: Deer Creek. Access Gary Bowman, hresponse loy inquiry concerningn rail accessi lopr properly localed south of Severlon, Coloredo, Iwo ould suggest he lolbwing options AS Season Passisa PEaRS tor salo througho our Tickoto officel thatw would allow muliple trps by rai(ons scheduled passenger tains) fora reasonable costper indvidualiraveler. A new lgs stopk location attnis locationwouidnotb ber necessery. The occasionals slopt here could be organizedt through SpecialHending procedures fokwedi through the Ticket Office andthe Train OperaingDepanen!. Thet transport of equipmenl and materials is aso possble through the Raitroad. "Work Extra" trains can be assomoleda and operaled lor move malerials, heavy equipmenta and personnel The Rairoad generaly has DleselPower ande equipment" "Fiat Cars')avalable for ths kindof w work. Pricings structures can vary as lomaterialtra transported, amounto of meteriala and dislance traveled. We can review these detais duringf future conversations should you deck idei topursue Ihis formol tronsporl. Evan Buchanan a de Vice Presaen/Superrxenlent ofOperations NARR Direct (970) 385-8828 RAILROAD Cel(970) 946-7599 Main (970) 259-0274 Fax (970): 259-3570 Pleasc sce the Tollowing pages lor additonal information abour the access Tor this project ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. The Planning Commission reviewed the access options for this project in Dccember 2014. They directed the Applicant/Owner Gary Bowman to procced with working out thc access details with train staff. The Applicant then approached the train staff with an Access Agreement document preparcd by Engincer Mountain, Inc. Thc access agreement document reiterated and expanded upon the arrangements describcd in the email on the preceding page of this report. (Thc access agreement document is availablc for your revicw upon request from Engineer Mountain, Inc. at 387-0500.) The train staff werc hesitant to sign anything because they ncver had to do so beforc. They havc worked on several similar projects in La Plata County, where cabins in Lal Plata County arc accessed using the train. Those projects did not requirc any signed access agreement documents. The train staff were hesitant to sign anything because they thought that it should not be required by the County. Discussions cnsued between train staff (Vicc President Evan Buchanan), thc Applicant/Owner, Engincer Mountain Inc., County Planning Director Bob Nevins, and railroad attomey Frank Ancsi. Frank Ancsi suggesteda DSNGRR "license" would be the train' S typical document to handle this arrangement. However the train staff was still hesitant to sign anything, bccausc they thought it unnecessary and may havc fcared that if someday far in the future DSNGRR stops running the tourist trains, that Gary Bowman' S access agrecment would bc violated by the train. Thc Owner/Applicant Gary Bowman had previously discussed this access in 2012 with train owner Al Harper, prior to purchasing the property. Al Harper had indicated that access couid be granted by thc train. Therefore this spring Gary Bowman contacted Al Harper again, to let him know that discussions with thc train staff had stalled out, and the staff was hesitant to sign anything because they thought it should be unnecessary. The following (below and next page) is the cmail exchange between the projcci site Owner/Applicant (Gary Bowman) and the DSNGRR train owner (AI Harper). ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. Quoting Gary E Bowman <Gary. Bowman@nau. edus Lisa, See below from Al Harper. GB ESSENTIAL, QUANTUM MECHANICS Gary E. Bowman, Oxford University Press (2008) htrp: www. oup: con/ at logue/ 7c 7801 49326928 Gary E. Dowman Assuciate protessor of Physics Northern Arizona University Depart tment of Physics and Astronomy P.0. Dox 6010 Flagstatf, AZ 86011 USA Phone: 928 523 114 Fax: 928- 523-1371 gary. bosman@nau. edu From: A1 Harper lalharperduranpotraln. com) Sent: Saturday, April 11, 2015 9:39 AM To: Gary E Bowman Subject: : RE: DSNG Access Issue Bi Gary: I definitely will try to work something out. I will leave the decision of the final method of how to do it with Paul Schranck, my GM and Sr. VP. A1 From: Gary E Bowman (mailto: Gary. Bowman@nau. edu) Sent: Thursday, April 09, 2015 5:37 PM To: Al Harper Subject : DSNG Access Issue Dear Mr. Harper, You may recall that back in May, 2012, we discussed my proposed cabin project (about 2 miles south of silverton). At that time we were both hopeful that I would be able to obtain an easemenl to access my property via DSNG My easement request was ultimacely denied, however DSNG said it could (Eor fee) provide passenger access and transport of construct ion materials and equipment to the site. Personally, I am quire sat isfied with this arrangement, But a meering in Silverton last December, thei Councy Planning Commission made clear that they would iike signed agrecment batwenn DSNG anci myselE Set me emphasi xe that the County noi askina tor an seasement, bur more l ormalt ion ot the diccess 11 :a i : already fleredi by DSNG. ilmail honi Gars Bowman l Allanyriseminual. Dn nCAL ppa) ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Ine. (Email from Gary Bowman to Al Harper, continued from previous pagc) I've spoken with Evan Buchanan at DSNG, but he is reluccant Lo sign such an agreement because he feels iti is unnecessary I understand Mr. Buchanan $ point. Unfortunately, have no control over the Planning Commission, and I'm afraid if submit my project to them ithout an agreement it will be turned down. The civil engineer I'm working with in Silverton (Lisa Adair) spoke with Durango attorney Frank Anesi, who mentioned a "license" as à perhaps simpler and better alternative to a formal access agreement. There has, in fact, already been quite a bit of Asioerwlne about this issue amongst myself, Lisa Adair, Frank Anesi, Pete Maisel, and Evan Buchanan (who, by the way, 15 always a pleasure to talk to). But I thought it bost noc to bog you down with those details right now. My hope is that you and I could discuss creating a document that would satisfy the county, yet be Fully acceptable to DSNG. Even if can'L give the county an "ideal" agreement, perhaps we could together come up with something Lhat everyone would be happy with, so my project can finally move forward. Please feel free to contact me by email or cell (928-853-8190). Weekdays later in the afternoon are usually good for me; mornings are not. Thanks in advance for your consideration. Best Regards, Gary BIGENTENE QUANTUN MECHANICS Bowman. Oxford Universay PLss 620081 EPE www oup com/uk/ Voat Caloquwse 7503 29922492 Gary, 5 Hownnan Asson ane Probhgse ser oE chysics Harthen n Ars izona mniversity pepasment el. Physi es and VAst ranony Éox 601 F ll A peil USA Thva 928 : 3 111 TN 421 531 1 un boasinen ni sdes umai Iterost ry unt w Please see the following pages Tor nddinonal mfommation about the access for this project ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. The status of the arrangements between thc project site owner (Gary Bowman) and thc train owner (AI Harper) and his staff is thal we are awaiting further contact from the train staff. This week the Owner/Applicant Gary Bowman has prepared a new, simplilied access document lo send lo Al Harper for review. The train owner and staff currently have no problcm with thc arrangements described above (sec email from Evan Buchanan on pagc 2) and have no problem with Gary Bowiman riding the train to and from the project site. It appcars that the staff, sO far, just have had a problem with the County's requirement of additional paperwork. IL appears the train owner/staff are trying to figure out what kind of written document (such as the train's typical "license" document suggested by railroad attorney Frank Anesi) will suffice for the purposes of the site Owner, the train staff, and thc County. If allowed by the County, the access for this project site will be via the tourist trains, as described above in the correspondence from the train owner and staff either with or without additional paperwork from the train, depending on County requirements. However, there is also a second method of legal access for this project site. The secondary access method has bccn approved by San Juan County for other recent similar projccts. Thc access is across Public Lands administered by the BLM. Thc BLM access was briefly discussed by the Planning Commission in December 2014, and is called (by the BLM and County) "casual use" BLM access (pedestrian access across Public Lands). The access to/from the sitc across BLM land was walked last year by the Applicanv/Owner. Thc route is from/to Deer Park, using the BLM public lands around the Whitchead Trail. The route is entirely located on public lands the Owner/Applicant docs not need to trespass across any privale land or mining claims between the Whitehead Trail and the project site. A trail map on the following page shows the approximate pedestrian route across BLM lands walked last summer by the Applicant/Owner Gary Bowman. The land shown along the roulc is public land. There is a BLM map inc luded on page 2 wilhin thc Scenic Report, al the cnd of this submittal bindcr which can be Cross- referenced and shows that the route is located cntirely on public land. ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. wilifer Thej phoso above isapicture ofa tril map. showingt the-appoximate pedestrian access bail routeacoss BLMpublic lnds. belween the WhncheadTanl m Deen Parkandthe projectsie The BLMand County typically call this Iypesi legaaccesst "BLMcsud Simlar Tevent projeers have been approvedlis Sunlan Cots wilh BLMSsIR lise pedesti uI a S ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. Ins summary there arc currently Iwo legal methods of acccss for this projcct: (1) Access by Train Access to this project site can be via the regularly-scheduled passenger trains operated by the Durango & Silverton Narrow Gaugc Railroad (DSNGRR), as described in the correspondence from the train staff included within this report. (2) BLM Casual Use Pedestrian Access Access to this project site can bc pedestrian use across BLM land from/to Deer Park/the projects site. This type of legal access is typically referred to by the BLM and San Juan County as "BLM casual use" access. Regarding the train access, we hope to soon have additional paperwork from the train staff, as described by train owner Al Harper in the email within this report, to submit to San Juan County for the County's review. Regarding the "BLM casual use" access, San Juan County has recently approved similar projccts with this typc of legal access. One example is a cabin on a mining claim owned by Chris Blatter, recently approved during the tenure of Planning Director Dave Michaelson. The easier method of legal access for this project site is via train, as described in the correspondence from the train staff. However the second method of legal access for this project (pedestrian access across BLM land) does provide a legal backup plan for the Applicant/Owner and the County, just in case of the unforeseeable event that DSNGRR were to stop operating the tourist trains in the future. For additional access information, please contact Engineer Mountain, Inc. at (970)387-0500, or Applicant/Owner Gary Bowman at (928) 853-8180. SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 1. INTRODUCTION ANDSITE LOCATION San Juan County regulations state the following: All residential development shall be required to submit a Scenic Quality Report at the time of sketch plan submittal. This is a Scenic Quality Report for the Proposcd Bowman Cabin, located on the Cumberland Mill Sitc USMS No. 693B, prepared by Engineer Mountain, Inc. The Cumberland Mill Site is located south of Silverton, accessed by the Durango & Silverton Narrow Gaugc Railroad passenger trains. Thc property can also be accessed on (oot, by walking down across BLM land from Deer Park. The property is located at the confluence of Dcer Park Crcek and the Animas River, about halfway betwcen the Town of Silverton and Molas Lake. The property is located at the bottom of the deep Animas River canyon, alongside the river and railroad tracks. A photo of a BLM map follows this page. It depicts the general location of the project site. RE AAIHIN AL ENGINEER "SEPTICS "FOUMDA TIOMS CANg "GRADING AND ORAINAG UNGO SI TE DEVEL.OP PMENT Siiverton e ur JUANTEST Photo ofBLM Map wiih C umberland Mill She Circled. 2 P.O. Bux 526 962 RoeseStrect Silverton, Colorado 81433 phone/fax (970) 387-0500 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 2. SITE IS NOT VISIBLE FROM HIGHWAY 550 AND COUNTY ROADS The photo on thc previous page shows the general location of the Cumberland Mill Site. County regulations require that this Scenic Quality Report include the following information: Designations o! SCE enic views of natural and historic features both from and toward the site and descriptions of hose these vistas shall be preserved. Graphic depictions of the propased struc cture's impact on these views shall be suhmitted to allow staf the Planning Commission, and the Board ofCounty Commissioners to assess the impacts of the project and the effectiveness of proposed mitigation measures. The project site, the Cumberland Mill Site, is near Highway 550 as shown on the preceding page. However, it is not visible from Highway 550 (to the best of our knowledge). Likewise, the highway is not visible from the site. We observed no visibility between the two viewpoints, due to the difference in elevation, terrain, and significant vegctation between the highway and the site. The clevation difference between the highway (at approximately 10,400 fcct) and the site (at approximately 9,200 fcet) is cstimated at approximatcly 1,200 fect. The site is located at the very bottom of the Animas River canyon, located far below the Highway, adjacent to the railroad right- of-way, with the view blocked by terrain and vegetation. There is no known location on any County Roads from which this sitc would be visible. The closest County Roads are in Deer Park, and the site would not be visible from there due to significant trec cover and elevation difference. Two photos follow this page: (1)7 The photo on the following page shows a location alongside Highway 550 which would most likely provide the best vicw of the site. The following page shows that there is no view of the bottom of the Animas River canyon and the project site from thc highway, due to vegetation and grade change. (2) Thc second photo shows thc view towards the silc when viewed from short hikc down from the highway right-of -way. The site is nol visible from the highway, nor is IL visible from a short hike downhill of thc highway. *SOILS "RETAINING WALLS EMGIMEER "SEPTICS "FOUNDATIONS MOJUINTANS *GRADINGA ANDDRAINAGE UNGO *SITE DEVELOPMENT 392.. 2014 12:14 on Photo Looking East Along Highway 550 at Approximate Mile Marker 67. Project Site is Located at the Bottom of the Animas River Canyon Directly Below Highway. Project Site is Not Visible Due to Elevation Difference, Terrain and Vegetation. Project Site is Approximately 1,200 Feet Below Highway. 4 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 - phone/fax (970) 387-0500 LS*RETAININGI WALLS ENGIMEER "SEPTICS "FOUNDATIONS "GRADING ANDI DRAINAGE MOUNTAIN, UNGO "SITE DEVEL LOPMENT View from Below Highway 550 ROW Towards Site (Milemarker 67, Looking East) Site is Located at Bottom of Valley Adjacent to Animas River Canyon and is Not Visible. (Bog67.2- sitcvicw) 5 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 3. TWO BUILDING ENVELOPES ARE PROPOSED There are two different building envelopes proposed at this time. Only one cabin within one building envelope is proposed for development. One of thc two proposed building envelopes will be climinated by the County and Applicant/Owner during the Improvement Permit Sketch Plan review. The two building envelopes were selected to avoid nearby avalanche and geohazard areas. The Owner/Applicant prefers building cnvclopc locatcd near the middle of the property, ina fat meadow arca. The altematc building envelope is located al the northern end of the property, on a flat-topped rocky knoll. The Owner- preferred, 1lat building envelopc was first suggested by the Planning Director during our site visit. The altemate, knoll building envelope was suggested by the avalanche-gohazards: expert as the safest area on the sitc. Both of the two building cnvelopes have been evaluated to bc "buildable" cither relatively frec from natural hazards, or having thc potential for rclatively low hazards, requiring somc reasonable, minimal mitigation, duc to ncarby geohazards and/or avalanche potential. SAB RAS c Sr csitni SENL dLoNG A - FEDFT E A cabin built within the flat building envelope would be visible from the iain right of way unless screening irees are planted wherens a cabin buill at the knoll building envelope would not be visible. from the train righi- of- -way. The followiny pagc 1S a summary table of the charac tensties pi the 1wo options Tor the proposed huilding enselope SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. There are two building envelopes. Only one cabin within one building envelope is proposed for devclopment. The other building envelopc will be eliminated by the County and Applicant during this Sketch Plan review. The following table provides a summary of building envelopc characteristics. Summary of Building Envelope Characteristics Building Envelope-Name Knoll Building Envelope Flat Building Envelope And Characteristics Terrain Type: Flat-Topped Rocky Flat Meadow Adjacent Knoll/Hill to Train ROW Building Envelope Elevation +/- 100' +/- 0' Above Train Tracks: Owncr- Preferred: No Yes Visible from Train No Yes With Serening/Vegetation As-Is: Visible From Train No Perhaps With Addition of Screening (Such as Row of Trees): Requires Minimal Gcohazards No Yes Mitigation: Requires Minimal Avalanche No Yes Mitigation: Construction Equipment Access: Difficult Easy Pedestrian Access from Train: Difficult Easy Probable Type of Creck Water System: Pump/Siphon Gravity Fed SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 4. VISIBILITY OF THE TWO BUILDING ENVELOPES FROM TRAIN The preferred building envelopc is located in a Nat mcadow area adjacent to thel Durango & Silverton Narrow Gauge railroad right-of-way. Betwccn the prefcrred building envelope and the train tracks therc is little vegetation and almost no grade difference, and therefore little to no natural scrcening. A train tourist looking towards thc proposed cabin would be able to see the cabin for a brief instant whilc the train travels by. We would estimate that the cabin would be visible to a train tourist passenger looking east along approximately 200 to 300 feet of train track, and that the train tourist watching for the cabin might be ablc to see it for about 8 to 11 seconds while travelling by (at 18 miles per hour). Artificial screening (such as a planting a row of trees along the property line) could potentially block all or some of the cabin from the train tourist view (depending on type of trees and trec spacing). In contrast, the alternate, knoll building envclope would probably not he visible whatsoever, due to significant vegetation (tree cover) and a large elevation differencc betwecn the building envelope and train right-of- -way. The visibility of the two building envelopes from the train is depicted in pholos and further described within this report. SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 5. NORTHERN KNOLL BUILDING ENVELOPE The first building cnvelopc cvaluated in this report is the northem building envelopc. It is located on a Nat- topped rocky knoll, near the north end of the property. It is located cast of and elevated above the Durango & Silverton Narrow Gauge Railroad tracks. The building envelope has bcen evaluated by an experl for avalanche and geohavard polential, and has bcen found to bc rclatively hazard free, requiring Jittle or no mitigation. The proposed cabin is not cxpectcd to be visible from the train right-of-way, due to heavy tree cover (mostly aspens) and a large clevation diffcrence between the train and the proposcd cabin. The four comers of the proposed cabin have been staked, with the cabin perimeter marked with pink surveyor's flagging tape. The cabin was slaked in thc field with approximate dimensions of 20 feet by 20 feet (400 square feet). Adjacent to thc proposed cabin isa proposed shed. The footprint of the shed was also staked, and marked with ycllow flagging. The proposed scptic systcm arca was marked with one stake and flagging. The septic area is directly downhill of the proposed cabin. A. PHOTOS OF KNOLL BUILDING ENVELOPE AND CABIN FLAGGING Photos of the proposed knoll building envelope and cabin flagging are included on the following five pages. The photos show that the views of the knoll building envelope and proposed cabin are blocked from pcople on the train by vegetation, elevation difference, and terrain, *SOILS *RETAINING WALLS ENGINEER "SEPTICS FOUNDATIONS OUN JL UNGO *GRADINGA *SITE DEVELOPMENT ANDDRAINAGE * 09/272014 View ofCabin Footprint (Pink Flagging) at Knoll Building Envelope, with Camera Facing East, with Train Tracks Approximately 185 Feet Behind Camera (EVicwo) 10 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 "SOILS "RETAINING WALLS EMGIMEER "SEPTICS "FOUNDAT TIONS MIN UNGO "GRADING AND DRAINAGE *SITE DEVELOPMENT View ofCabin Footprint (Pink Flagging in Distance) at Knoll Building Envelope, with Camera Facing East, with Train Tracks Approximately 145 Feet Behind Camera (EView80) 11 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 "SOILS "RETAININGI WALLS EMGIMEER "SEPTICS "FOUNDATIONS MOUNAINg UNGO "GRADING "SITE DEVELOPMENT AND DRAINAGE 09/27 View Towards Cabin Footprint (Pink Flagging No Longer Visible) at Knoll Building Envelope, with Camera Facing East, with Train Tracks Approximately 125 Feet Behind Camera (EView100) 12 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 "SOILS RETAININGI WALLS EMGIMEER "SEPTICS "FOUNDATIONS "GRADING ANDDRAINAGE MONUNTAIN, UNGO *SITE DEVELOPMENT View of Access Route Looking Up Towards Knoll Building Envelope, with Camera Facing East-Northeast, with Train Tracks Behind Camera (M3693B-appros.h) 13 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 *SOILS "RETAININGV WALLS EMGIMEER "SEPTICS "FOUNDATIONS VOUN NTAIN UNG "GRADING *SITE DEVELOPMENT ANDI DRAINAGE View of Access Route Looking Up Towards Knoll Building Envelope, with Cameral Facing Bast-Northeast, with Train Tracks in Foreground (tksidepitch) 14 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. B. PHOTOS FROM PROPOSED CABIN ATI KNOLL BUILDING ENVELOPE In the County Scenic Quality Report regulations, it is requested that we provide information about the view FROM the building envelope(s). Photos arc included on the following pages, showing the view FROM within the staked cabin footprint at the knoll building enyelope. The photos were taken in the approximate location of where the front wall of the cabin will be located. Highway 550, County Roads, and the train right-of-way are not visible from thc knoll cabin location, as shown in the photos following this page. Therefore we expect that vicws of the cabin from County Roads, Highway 550, and the train would also be unlikely. Views from the proposed cabin out the back wall of the cabin, uphill, looking east towards Deer Park, are obscured by the existing trees. On the following three pages arc color photos of views from the proposed cabin, looking downhill, towards the train right-of-way, towards the north, west, and south. "SOILS "RETAINING WALLS EMGIMEER "SEPTICS "FOUNDATIONS MOUNT VANg UNG *GRADING "SIE DEVELOPMENT AND DRAINAGE VIEW FROM PROPOSED CABIN (Pink Flagging) at Knoll Building Envelope, Looking West Looking Towards Train Tracks and Animas River (Which Are Not Visible Due to Vegetation and Grade Difference). (Cibinwi) 16 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 EMGIME EER "SEPTICS "SOILS "RETAINING "FOUNDATIONS WALLS O SAUN UNVD "GRADING "SIE DEVELOPMENT AND DRAINAGE 092720144:19pm - VIEW FROM PROPOSED CABIN (Pink Flagging) at Knoll Building Envelope, Looking Northwest. Train Tracks and Animas River are Located Below, in Bottom ofValley, and Are Not Visible Due to Vegetation and Grade Difference. (Nview!) 17 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 *SOILS "RETAININGI WALLS ENGIMEER "SEPTICS "FOUNDATIONS UNGO "GRADINGA ANDD DRAINAGE "SITE DEVELOPMENT VIEW FROM PROPOSED CABIN at Knoll Building Envelope, Looking Southwest. Train Tracks and Animas River are Located Below, in Bottom ofValley, and Arel Not Visible Due to Vegetation and Grade Difference. Deer Park Creek is Located Below Knoll Building Envelope int the Picture, in the Evergreens. (Svicwl.JPG-2) 18 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 6. OWNER-PREFERRED FLAT BUILDING ENVELOPE Thc second building envelope evaluated in this report is the flat building cnvelope, first suggested by the Planning Director, and preferred by the Owner/Applicant. Itis located in a flat meadow area adjacent to the. Durango & Silverton Narrow Gauge Railroad train tracks. Il is located at approximately the same clevation as the train tracks. The flat building envclope has bcen evaluated by an expert for avalanche and geohazard potential, and has been found to be buildable with somc reasonable mitigation efforts. The proposed cabin would be visible from the train right -of-way, due to limited cxisting vcgetation and little elcvation difference bctween thc train and the proposed cabin. Wc woulde estimate that with existing conditions (existing grade and vegetation) the cabin would he visible to train tourist looking east for approximately 1O seconds while the train travels by the site. Planting: row of trees could potentially block all or most of the structurc from the train tourist's view. The four corners of thc proposed cabin have been staked, with the cabin perimeter marked with yellow surveyor's flagging tape. The cabin was staked in the ficld with approximate dimensions of20 fect by 20 fcet (400 square feet). Adjacent to the proposed cabin is a proposed shed. Thc footprint of the: shed was not staked at this building envelope. Thc proposed septic system area would be located bctween the cabin and westem property boundary. A. PHOTOS OF FLAT BUILDING ENVELOPE AND CABIN PLAGGING Pholos of the proposed flat building envelope and cabin flagging are included on the following four pages. 19 "SOILS "RETAININGI WALLS ENGINEER "SEPTICS "FOUNDATIONS y ANg UNGO "GRADING *SITE DEVELOPMENT ANDDRAINAGE View ofCabin Footprint (Yellow Flagging in Distance) at Flat Building Envelope. with Camera Facing Northeast. Train Tracks and the Animas River are Located Behind Camera. Deer Park Creck is Located Within the Evergreens in Photo, (HPIM2722) 20 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 - phone/fax (970) 387-0500 "SOILS *RET TAINING WALLS EMGMEER "SEPTICS "FOUNDATIONS ANN UNG "GRADINGA ANDI DRAINAGE *SITE DEVELOPMENT View of Cabin Footprint (Yellow Flagging in Distance) at Flat Building Envelope, with Camera Facing East, with Train Tracks and the Animas River Behind Camera (HPIM2723) 21 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 - phone/fax (970) 387-0500 "SOILS "RETAININGI WALLS EMGIMEER "SEPTICS "FOUNDATIONS TAUNA "GRADING ANDD DRAINAGE UNGO *SITE DEVELOPMENT View of Cabin Footprint (Yellow Flagging) at Flat Building Envelope, with Camera Facing Southeast. (HPIM2730) 22 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 ENGINEER "*SEPTICS *SOILS "RETAINING "FOUNDAT WALLS TIONS O UAUN UNGO "GRADING *SITE DEVELOPMENT ANDDRAINAGE View ofCabin Footprint (Yellow Flagging) at Flat Building Envelope, with Camera Facing South, with Train Tracks Located Beyond the Right Side of the Picture (HPIM2731) 23 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. B. PHOTO FROMI PROPOSED CABIN AT FLAT BUILDING ENVELOPE In the County Scenic Quality Report regulations, iti is requested that we provide information about the view FROM the building envelope(s). A photo is included on the following page, showing the view FROM within the staked cabin footprint at the flat building envelope. The train right-of-way is visible from the flat cabin location, as shown in the photo following this page. The photo on the following page is a view from the proposed cabin, looking towards the train tracks, looking towards the west. "SOILS "RETAINING WALLS EMGIMEER "SEPTICS "FOUNDATIONS MIOU UI *GRADINGA ANDD DRAINAGE UNTAIN, UNGa *SITE DEVELOPMENT View FROM Cabin Footprint (Yellow Flagging) at Flat Building Envelope, with Camera Facing West, with Train Tracks Located in Center-Right of Picture (HPIM2726) 25 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. C. PHOTO WITH PROPOSED CABIN ADDED, SHOWING VIEW FROM TRAIN, AT FLATBUILDING ENVELOPE The proposed cabin will be visible from the train right-of-way to an east-facing train tourist travelling by, for approximately 10 scconds, if the screeninglvegetation remains as-i -is. The existing screening (vegetation) is limited. The addition of screening, such as planting a row of trces, if required by the County, would block all or some of the cabin from the train tourist view, depending on tree type and spacing. The photo on the following pagc shows approximately what the cabin would look like, to a train tourist who is sitting on thc cast side of the train, looking castward out the train window towards the cabin. ENGINEER *SEPTICS *SOILS RETAINING "FOUNDATIONS WALLS KOUN VAIN, UNGa GRADINGA "SITE DEVELOPMENT AND DRAINAGE Graphic Depiction Prepared by the Applicant, Showing Approximate View of Proposed Cabin at Flat Building Envelope After Construction, from Train Passenger Viewpoint. The Cabin Would be Visible toa Train Passenger. Sitting on Eastern Side ofTrain, Looking East from the Train for Approximately 10 Seconds, as the Train Passes by the Project Site, if Screening Remains As-Is. (WPM2724-CabinEle) 27 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970) 387-0500 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 7. LOCATION OF STRUCTURE WAS SELECTED TO MINIMIZE VISIBILITY FROM PUBLIC LANDS AND EXISTING TRAILS The Counly Scenic Quality regulations require the following information: Evidence that the location of the structre is designed to minimize the visual impacts and to not detractfrom the. scenic quality of adjacent public lands or existingtrails. Here is information regarding individual (underlined) parts of the above regulation: Tacutin ofile structure There are lwo possible choices for the "location of the structure. Adjacent publie lands: The project sitei is surrounded on three sides by BLM administcred public lands. The "adjacent public lands" are mostly steep river canyon slopes, with limited practical acccss and likely low usage. On the fourth side of the project sitc is the private Durango & Silverton Narrow Gauge Railroad right-of-way located across/on BLM public land. Itis unclcar whether the private railroad right of way is to be considercd private land, or "adjacent public lands. Evisting truils: There arc nol known significant existing trails in the viewing vicinity of the project site. The closest trail marked on maps "as the crow flics" would be the Whitehead Trail in Deer Park. It is unlikcly that the site could be viewed from the Whitehead Trail, which is far above the project site, due to vegctation, terrain, and significant elevation difference. We have asked a few people familiar with summer hiking on the Whitchead' Trail, who have stated that it would nol he possible to look down from thc trail, towards the Animas River, and to view the projeci site. There is a short on- site trail shown on the USGS topo quad map from the 1950s. "On paper" on the 1950s topo quad map the trail starts al thc train righi-of -way, and cnds at the ruins of an old cabin located direcily uphill of the project site. The trail traverses the privately owned project sitc, and ends on public land. The Scenic Report regulation at thc lop of this page requires information about how the Applicant selected (or did not select)a "location of shructure" which would minimize "visual impacis" from "adjacent public lands" and "existing trails The Applicant has 28 SCENICQUALITY REPORT Cumberland Mill Site Prepared By Enginer Mountain, Inc. done SO. His choices for building envelope were limited to two areas dccmed safe. Neither is significantly visible from adjacent public lands or existing trails. The Applicant only has two possible options for the "location of structure" duc to nearby avalanche/hazard. zones, as evaluated by the avalanchelgeohazard expert. Thc Applicant originally selected the "location of structure" which would not be visiblc from the train. That arca is representedby the knoll building envelope. Thc Applicant originally assumed that any burlding envelope he selccted had to be basically invisiblc from the train. IL is unclear in the privately owned train right of way is considered private land or 'adjacent public lands. During the site visit with the Planning Director, a second building envelope was suggested by the Planning Director for consideration. The second building envelope is represented by the flat meadow building envelope. The Nat building envelope would be visible from the train with existing screening (limited vegetation) remaining as- IS. It would be visible lo an east facing train tourist for about 10 seconds. AL the time of the site visit, the Applicant did not think that the flat building envelopc would cven be allowable or considered by the County, duc to its visibility from the train. However the Planning Director suggested it could Ibc considered, duc to casicr logistics for construction (flat access) and a larger, more buildable, flatter area a. Therefore, therc are currently two proposed building envelopes for your consideration, and the Owner now prefers thc visiblc building envelope located in the flat meadow area. It is up to the County to decidc if the fat building envelope would be allowable, due to its visibility from the train and/or if additional screening, such as planting row of trces, should be a requirement, to block all or part of the view of the structure from thc train. Both of the two options for thc "location of the structure" have limited or no visibility from "adjacent public lands" and' "existing trails. It is uncl lear if the privale railroad right-of way located across BLM public lands is considered private land or "adjacent public lands.' The site is located at the bottom of a rather stecp river canyon. The surrounding and adjacent public lands arc mostly siccp canyon walls which are difficull to access. The nearby cxistiny trails incl clude only onc significant trail, the Whitehead Trail, located Far ahove the site and visually separated from the site by a change in clevation and lerr rain. SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. The lack of visibility of the cntire project site makes it difficult to sclect any "location of structure" that would be visible from "adjacent public lands" or "existing trails." Howcver onc of thc two options for the proposed cabin "location of thc structure" would be briefly visible from the train right-of-way, which is a private right-of- -way located across BLM public lands, if screening (vegetation) remains as is. There are two proposed building envelopes for the County to consider. One is to be eliminated during the Sketch Plan review. The two building cnvelopes have been selected based on nearby potential avalanche arcas, and geohazards evaluation. The "location of the structure" on the northern, knoll building envelope is in an area where it will not be secn from the train. Adjacent to the knoll building envelopc is BLM "public land," and it is possible that thc cabin could be vicwed from that BLM land, if the person is standing right on the property line, and pecking through the trees towards the cabin. However therc is no cxisting trail located near the knoll building envelope. Thc Owner/Applicant has selected two options for the building cnvelope in order to allow the County to weigh in on visibility versus the "location of structure" when vicwed from "adjacent public lands" and "existing trails.' Another way that thc Applicant has reduccd the possible visual impacts of the project from adjacent public lands and adjacent private lands is through the proposed cabin design small footprint with one story. The cabin size is relatively small. Thc proposed cabin is upto 24 feet by 24 feet, which is 576 square feet. (The cabin will probably end up! being built smaller than that, such as 20 feet by 24 fect, which is 480 square fcct.) Thc Owner/Applicant plans to build "small" even though this site is located at an clevation (approximately 9,200 fcct) whcre the County docs not currently restrict cabin size. The Owner has sclected a one story cabin design, even though County regulations allow for a taller structure. He is considering a small partial loft, big enough to hold a bed, but not sO large that it would significantly raise the level of the roof and total height of structure. Dralt building plans have been prepared by Ihe Owner/Applicant, and are icluded on the following five pages for your revicws The plns have bcen drawn with the preferred. flat building envelope in mind The plans could need some revisions (mostly 1n deck and porch design) il the alternate. knoll building envelope IS mstead selecied. 30 Draft Structure Plans for Cumberland Millsite U. S. Mineral Survey 693B San Juan County, Colorado Gary E. Bowman 910 N. Leroux St. Flagstaff, AZ 86001 gary.bowman@nauedu - - - 3 - C SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 8. CABIN DESIGN WORKS WITH NATURAL TOPOGRAPHY County regulations require that the Scenic Quality Report includes information regarding the following Evidence that the designs orient improvements in ways that allow then to blend in with und utilize the natural topography. The submittal shall include, but not be limited to, elevations at a scale suitable for a determination that all standards in this section have been met, Three- Dimensional Modeling, etc. Thc proposed cabin has bcen designed as a onc-story structure with no basement. Thcre is no second story on the proposed structure but there may be a small partial loft. Thc total height of the proposed cabin is cstimated to bc about 18 feet, from the finished floor clevation to the exterior peak of the roof al the roof ridge beam. There are two options for the building envelope for your consideration. Both of the two options for the building envelope are relatively flat where the cabin would be located. The draft cabin design works with cither of the two options for building envelope. The cabin design works with the natural grade of thc two building cnvelopes, and not against it. The proposed cabin designi is shown on Applicant' 's drawings, on the five preceding pages. The proposed cabin design is also depicted from the cast- facing train tourist' 's view on page 27 of this report. ( SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 9. TOPSOIL, UTILITIES, LIGHTING, AND DRIVEWAYS This section of the Scenic Report describes design features associated with location of utilitics, exterior lighting, and any proposed driveway(s). topsoil, A. TOPSOIL County regulations require that the projcct should includc the following: Plans tn remove and suve topsoil, prior to any grading or excavation and for reuse during re- vegetation. replacement, Any topsoil found during construction of the proposed improvements will be separately stockpiled on-site, to be uscd for landscaping. If the flat meadow building IS selected, and screcning (such as a row of trees) Is required by the County, then envelope any topsoil found during construction can be used for the landscaping associated with the screening or row of trces. B. UTILITIES County regulations require that the project should includc the following: Lncation and installation of utilities in ways that will caus e the least damage t0 the natural environment. The project includes the following proposed utilities: a proposed underground seplic system leachfield and a proposed underground water tank cistem, and some associated undergroud buried water and sewer piping. The septic system lcachfield location was sclected based on San. Juan Basin Health Department regulations and setbacks. The buried cister location has becn selccted as uphill of the cabin, to allow gravity flow of water down to the cabin. The water and scwer construction will occur with the Icast amount of disturbance nccessary, in order to limil any damage to the natural environment. No clectric, ovcrhead powerlines, power poles, on phone/cable lines are proposed. Power sources are to include solar, propane, a woodstove. and a gencrator and these items are not anticipated llocause physical damage to the backup natural environment. The Applicant IS considering solar pancl mounted on one side oT the proposed shed roof. The solar panel would provide power for sun me low voltage LED lights: SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. C, EXTERIOR LIGHTING County regulations require that the project should include the following: Provisions requiring shielding of exterior lighting to prevent direct visibility of light bulbs from off site, direct cting afall exterior lighting toward either the ground or the surfac CP ofa building and prohibiting high intensity sodium vapor or similar lighting. The proposed extcrior lighting for this project 1S a minimum amount of automatic on-off motion detcction solar lights, just cnough for safety purposes. No sodium vapor lights are proposed or will be used. We would suggest onci solar light at cach door, which we would assume would be a total of two doors and powered two lights. D. DRIVEWAYS County regulations requirc that the project should include the following: Design and construc tion plans for rouds and assoc iuted structures that beur aI logical relationship lo existing topography In minimize the need for clits and Jills. There are no driveways or roads proposcd for this project. The access would be via the Durango & Silverton Narrow Gauge Railroad regularly scheduled trains. After exiting the train (at or near the Deer Park Creck railroad bridge located passenger al the sitc). the Applicant would walk a short distance from the train to the cabin. The alternate route to the projeci site is via pedestrian acces across BLM land from Deer Park. Therc be other possible pedestrian roules across BLM land. such as down to the may from Highway 550 across the pubhc lands near the Molas Minc. traversing site According scheduled. to the railroad staff, during construction, "special work train(s)" is/arc to be Maisel Thc train will be providing access for construction equipment access (such as Excavation LIC's small trackhoe) and building materials deliveredby the "special work train(s). Ir the knoll burlding envelope, loc ated at the north end of the property. is sclctedby the County, then Iemporary construction cquipment access may he needed for the Maiscl Excavation LLC cquipment (o traverse from the train path ofway uptor the lopof the fal- -topped knoll, The knoll building IS ilat on right lop but has moderately steep sicles. Ifa lemporary construchon envelope aecess needed. then the path will he conslue ted with the least amount equpment of damage to path IS (grass) and the least amoun of grdiny (such as pishng aside ol surlace boslders) Vegelaton I 1S SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. required by thc Counly, Applicant, and/or railroad, the temporary path can be reclaimed and revegetated after construction. 10. BUILDING MATERIALS County regulations require that the building design should include the following: Utilizution of colors and textures found naturally in the landscape and prohibition of reflective materials, such as highly reflective glass or metals. The proposed colors and textures oft the cabin are the following: Wood timber framing, and/or structural steel framing (to be minimally exposed on the building exterior) "RustWall" brand rusted metal siding Non-reflective, dark green, melal "standing scam" roofing material Minimal window "glazing" The photos on the following pages show the types of proposed cabin building materials selected by the Applicant. 30 *SOILS "RETAININGWALLS EMGINEER "SEPTICS "FOUNDATIONS OUU "GRADING ANDDRAINAGE VAIN, UNGa *SITE DEVELOPMENT Three photos of "Rust- Wall" brand, non-reflective, rusted metal siding. 40 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 phone/fax (970)387-0500 SOILS "RETAINING WALLS "SEPTICS "FOUNDATIONS "GRADING ANDI DRAINAGE *SITE DEVELOPMENT MAE Photo of dark green, non-reflective metal, "standing seam" roofing material. 41 P.O. Box 526 962 Reese Street Silverton, Colorado 81433 - phone/fax (970)387-0500 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 11. CONCLUSION In conclusion, this project appears to be. in general conformance with the County Scenic Quality regulations in the following ways: Ther project site and the two building envelope options arc not visible from County Roads, Highway 550, and trails on adjacent public lands (to thc hest of our knowledge). The knoll building envelope was selected by the Owner/Applicant bascd on the existing screcning (tree cover and elevation changc) which will shicld view of thc cabin from the private train right-of-way. Alier it was suggested by the Planning Director as a possible alterative for the Owner/Applicant and the County Commissioners to consider, the more visible flat building envelope was added asa potential building envelope option. Ifthe screening remains as- is, it is visible for onlya relatively short amount of time to some tourists travelling by on the private train right-of way. The cabin has been designed as one story, avoiding taller, more easily seen structure. The below proposed 11,000 cabin footprint is quite small, even though the building envelope is well feet clevation (where the footprint size would have been limited by County regulations). The acccss is relatively low impact, environmentally and visually, using existing trains, and via pedestrian trail routes, with no proposed driveway, and therefore drivewaylaccess impacts are less than those associated with similar typical projects. The colors and textures of the matcrials selected for the cabin and shed (browns and dark grcen. wood, timber. and rusted metal) blend in with the colors of the natural surroundings. The cabin includes relatively small amount of proposed windows, limiting potential reflectivity. Thank you for your consideration and review of the proposed Bowman Cabin on the Cumberland Mill Site. Ifyou would like additional information. plcasc conlact Mountun, Inc. al (970) 387-0500, or OwnerlApplicant Gary Bowman at (928) 853-8180. Enginecr STAFF REPORT FOR THE BOARD OF COUNTY COMMISSIONERS PROPOSED ANESI CABIN CAROLINA MILL SITE NEAR DEER PARK REPORT DATE:MAY 7,2022. MEETING DATE:1 MAY11, 2022. FROM: PLANNING DIRECTOR. Project: Proposed Anesi Cabin, Carolina Mill Site USMS No. 5569B, County Road 33, Kendall Gulch, near Deer Park, San Juan County, Colorado. Application Type: San Juan County Improvement Permit Application. Applicant/Owner: Applicants Nick and Frank Anesi representing Owner Anesi Mining Venture LLC. SUMMARY: The Sketch Plan County Improvement Permit application is adequately complete. The proposed improvements appear to comply with the Master Plan and County Zoning & Land Use Regulations. The site is accessed via County Road 33 (CR33), in lower Kendall Gulch, just past the Deer Park turnoff (CR 33A). This is a proposal for one single family cabin and associated improvements on a parcel over 5 acres. The proposal includes an avalanche study, water rights, and a septic system design is underway. It appears the proposed cabin will be mostly screened with vegetation, to obscure the visibility as viewed from County Road 33. No opposition from adjacent land owners has been received. The applicant has recently submitted some supplemental information. The application and supplemental information is attached. The Planning Commission has recommended conditional approval with the conditions in this report. The Planning Director suggests that you may conditionally approve this County Improvement Permit application. There are proposed conditions ofa approval for you to consider on the last page of this report. Master Plan: The County Zoning and Land Use regulations state: All applications for review under this Chapter will be examined initially to determine whether the proposalis consistent with the County's Master Plan. The 2010Town/County Master Plan states: The patchwork of mining claimsi in the county isa predominantly natural backcountry landscape and access to the backcountry is intact. Private property rights are respected in San Juan County. Impacts of residential and commercial development on natural assets are mitigated. Where residential development occurs on mining claims, iti is designed to cluster structures ini focused growth areas and/or build them in low-visibility places outside of environmentally sensitive areas, leaving visible ridgelines and other scenic resources undeveloped and minimizing impacts on the environment (Page 20). Goal NES-3.4: Development in the unincorporated county except for mining development will be reviewed for each site to ensure that the location, size, scale, and color ofs structures are designed to reduce the impacts of structures on scenery as viewed from county roads or state highways. This application appears to comply with the intent of the Master Plan and the excerpts above. Comparison to the County Regulations: The County Zoning and Land Use Regulations state: If consistent with the Master Plan, all applications will be reviewed to determine whether, based, upon the objective facts contained within the record before the reviewing body: (a) The proposal will have any adverse impact on public health, safety, morals or welfare. Thej proposal is not expected to have an adverse impact on public health, safety, morals, or welfare. Page 1 of7 STAFF REPORT FOR THE BOARD OF COUNTY COMMISSIONERS, ANESI CABIN, MAY 7, 2022. (b) Adequate potable water is available or can be developed to safely support the proposed use, including. fire control ands suppression. The proposal includes water rights. (c) Adequate sewage disposal can be provided to support the proposed use. A proposed septic system is currently being designed. The application includes a letter from the septic designer, the required soil profile test pits were excavated in July 2021, the application includes a: septic system application form. All County permits are contingent on septic system final approval from San Juan Basin Public Health Department (SJBPH). (d) The proposed use will have any adverse effect on public or private property in the vicinity of the development. The proposed single family residential cabin is not expected to have a significant adverse effect on nearby public or private property. (e) The proposed use will have any adverse effect on scenic values, historic sites or structures, air or water or environmental quality, wildlife (including habitat, food sources, migration routes, hunting, etc.), erosion or other geological condition. The proposed single family residential land use is not expected to have a significant adverse effect on scenic values, historic sites/structures, environmental quality, wildlife, erosion, or other geologic condition. Ibelieve that all proposed permanent developmen/impovememts will have some level of impact on scenic values, wildlife, and the environment. The application indicates that methods of minimizing potential impacts are being incorporated into the design of the proposed improvements. The least visible location was selected, based on the existing large trees for screening, and per the avalanche study. Ibelieve there was once a rudimentary structure over 100 years ago, near the proposed cabin location. No historic structures/objects were observed during a summer site visit by thel Planning Director a few years ago. (f/g) Adequate road access exists or can be developed to ensure access appropriate to the use, including access for emergency services. Ifaccess is via a private road, the applicant shall apply for and obtain an access permitfor the private road from the relevant agency. County Road 33 provides direct access to this property. The site is located on CR33, in an area that could be called lower Kendall Gulch, located a short drive past the intersection (ofCR 33/33A) which could be called the Deer Park "turnoff." The County Road access to the site is adequate (similar to most County Roads) and it is not plowed in winter, although snowmobiles frequent that area in the winter. (h). Adequate utilities are or can be made available for the proposed use, unless deemed unnecessary or not practical. Adequate proposed utilities are being designed for the proposed single family residential use. (i) Adequate emergency. services exist to: serve the proposed use, unless deemed unnecessary or not practical. Approval of this application is not expected to cause the local emergency services agencies to exceed their capacity or create an undue burden on those agencies. All County applicants are required to acknowledge that emergency services may not be available in a timely manner and may not be available at all. 0)7 There are natural hazards which may adversely affect the site or the proposed use of the site. Thej potential natural hazards at this site appear to include: existing avalanche hazards which have been adequately evaluated by an expert in an attached avalanche study; there could be some unmapped Page 2 of7 STAFF REPORT FOR THE BOARD OF COUNTY COMMISSIONERS, ANESI CABIN, MAY7, 2022. potential floodplain and/or unmapped potential wetlands right on the banks of Kendall Creek (both would be located outside of the proposed building envelope); the County Geologic Hazards Map indicates that the site may have some TS talus slope (although the soil test pits excavated in 2021 for the proposed septic system indicated decent soil not usually associated with talus rock). Wildfire risk would be present at this site, like most mining claims, because of existing trees. The County regulations require land owners to try to balance the proposed vegetative screening ofa structure, as viewed from nearby County Roads, with proposed wildfire fuels reduction, using the Colorado Firewise guidelines. This site is not mapped on the adopted 1976 County Geologic Hazards Map as possessing any known or potential RF: rockfall hazard. However, the presence of an unusually-large boulder on site suggests the owner may wish to request verbal consultation from the avalanche expert, prior to construction, regarding any required avalanche mitigation, as well as any potential rockfal/geohazards recommendations, potentially affecting proposed site layout/mitigation. This site is not mapped on the adopted 1976 County Geologic Hazards Map as possessing any known or potential RF rockfall hazard. County Road & Bridge Comments: The Applicant has recently submitted a County Driveway Permit Application, to obtain the direct written comments from the County Road & Bridge Department Supervisor on that form. All Applicants are also required to submit the County form known as the "Relationship to State Highways" form, which includes an acknowledgement that the County does not plow County Road 33. Application Fee: In addition to approximately 15 bound and complete application books, and the required adjacent land owner envelopes, a check for the application fee of $840 was submitted. The Planning Director will deliver that check as soon as possible to the County Tréasurer at the Courthouse. Adjacent Land Owners: The adjacent land owners were notified in writing by the Planning Director on April using the attached letter and the envelopes provided by the Applicant. No inquiries or opposition was received. Trail: The current Survey Plat and the application text describes a piece of visible abandoned foot path trail, or animal game trail, on both of the far ends ofthe Carolina Mill Site. That trail was probably used by people and animals prior to construction ofthe directly-adjacent CR 33. It may have once provided pedestrian-only access for miners walking to and from Titusville. Ori it may have simply been a side- footpath directly to and from the 1888 cabin that once existed at this site. It does not appear to connect in the middle. Int the middle may have been the location of the 1888 cabin. County regulations require all owners to maintain public access on any existing public trails. In this unique site specific situation, the two short remnants ofthe faint trail, located at the two far ends of this claim, and directly adjacent to CR 33, do not appear to need a dedicated public access easement. The trail shown on the 1888 original mineral survey plat, attached, appears to have later become County Road 33. Cabin Square Footage: Because the proposed building envelope appears to be at or above 11,000 feet elevation per NAVD 27, there is a limit on the maximum cabin "floor area" square footage (and the size of any outbuildings/sheds). The narrative in the application mentions a proposed cabin of under 1,000 isquare feet. The proposed improvements shall comply with the County regulations. The site currently has unusually-large-diumeter existing trees, as was evidenced by the large diameter 1888 bearing trees in the original mineral survey field notes, and it is not located "above treeline" or on the "tundra.' The adopted 2017 County Zoning and Land Use Regulations (posted on the County website) provides the following specifics regarding the structure "floor area" and shed limitations above 11,000 feet elevation: Page 3 of7 STAFF REPORT FOR THE BOARD OF COUNTY COMMISSIONERS, ANESI CABIN, MAY 7, 2022. "All residential development located at or above 11,0001 feet and below the alpine/tundra zone shall be limited toa maximum floor area of upt to one thousand square feet.. The source of elevation shall be based on the 1927 North American Vertical Datum : The following elements are excluded from the Floor Area calculation: (1) Porches, decks, and terraces that do not have roofs or floors above and are open to the sky: i.Ifs such improvement is equal to or less thirty inches above grade and is two hundred fifty square feet or less; ii. Ifs such improvement is more than thirty inches above grade or greater than two hundred fifty square feet, then it is calculated as Floor Area at fifty percent of the actual area. (2)A: single-story, detached accessory building, no greater than 200 square feet. FLOOR AREA: Floor area means the sum of the horizontal areas of all floors in principal and accessory buildings on a site, as measured from the interior faces of the walls, and enclosed porches as measured by the interior limits thereof. Interior spaces with the potential to contain additional horizontal floors shall be measured from thei finish floor elevation to the ceiling above, or if there is no floor above, to the underside ofi the roof assembly. Any part of a building whose interior heighti is fourteen feet or less shall be counted once for floor area purposes. Any part of fal building whose interior height is greater than fourteen feet and less than or equal to twenty-three feet shall be counted twice for floor area ratio purposes, and any part of such building that has an interior height greater than twenty-three feet shall be counted three times. The following elements are excluded from the Floor Area calculation: a. Unroofed porches, decks, and terraces: 1. improvement is equal to or less than thirty inches above grade and is less than 250 square feet; 2. Ifs such improvement is more than thirty inches above grade or greater than 250 square feet, the area is calculated as fifty percent of the actual floor area. b. A single detached accessory! building, no greater than 200 square feet." Historic Sites/Structures: The Carolina Mill Site was originally owned by Thomas Trippe. He arrived in this area in 1874, and he lived next to Mr. Howard, in a cabin/survey office, in what later became Howardsville. The original mineral survey plat (attached) and notes were prepared December 26, 1888, and at that time they noted an existing small rudimentary one story cabin on the Carolina Mill Site. IfI am recalling correctly it was approx. 10x13 square feet. I saw a faint rectangular outline on the ground surface at this site several years ago, which believe to be from that 1888 cabin, located close to a notably-large boulder. There was an existing rock fire ring from modern day campers within that apparent former cabin outline. There were no logs remaining at that apparent 1888 cabin outline. I believe the proposed Anesi cabin is in roughly the same location as the 1888 cabin. No historic relics/structures were found at the site. When I was at the site several years ago,Iencountered. only a small fragment of old wood board with a nail ini it, at the likely 1888 cabin location. There is some oral history from the owner, indicating that somewhere near this property there may have once been a small mill building and some mini tram buckets. I believe the original owner of this claim, Thomas Trippe, was the first Surveyor living here, and that he was one ofthe first County Commissioners. Ibelieve his brother went down-valley and built a trading post in an uninhabited area that later became Hermosa. I found the information described above several years ago in one or both of the two books titled "Rainbow Route" and "Many More Mountains," and you can consult those (or please contact me)ifyou would like more information. It appears that at this time there are no known existing historic sites, structures, or relics present at this site. However, the County Historic Impact Review Committee (HIRC) can be asked ifthey would like to visit the site this summer, to confirm that, and ift they would like to make any general recommendations regarding this site. The County and the HIRC may wish to require that if any unexpected historic items are encountered, that construction should be temporarily halted, and the HIRC should be contacted for a site visit and historic impact recommendations. Page 4 of7 STAFF REPORT FOR THE BOARD OF COUNTY COMMISSIONERS, ANESI CABIN, MAY 7, 2022. Planning Commission Review: The Planning Commission reviewed the Improvement Permit Application for the Proposed Anesi Cabin on April 19. The Planning Commission recommended conditional approval with the conditions of approval (as written and without any changes) at the end of this staff report. A letter summarizing that recommendation was prepared by Planning Commission Secretary Christine Tookey which is attached. Legal Notice: A Legal Notice for this May 11 Public Hearing was published in the Silverton Standard & Miner local newspaper on April 28 and a copy ofit is attached. Supplemental Information: The Applicant has recently submitted some supplemental information, which is attached. It includes a report updating the application, acknowledging the conditions of approval,a driveway permit application form which was submitted to the County Road & Bridge Department, and some slightly revised building plans. The supplemental information does not constitute any "significant" changes to the proposal, nor create any new potential issues. The current proposal remains consistent with what was reviewed by the Planning Commission on April 19. The supplemental information is some recent documentation demonstrating the applicant is continuing to finalize the details of the proposal. The Board of County Commissioners has the following options for actions: (1) Conditionally approve this Improvement Permit Application for the Proposed Anesi Cabin. There are proposed Conditions of Approval for you to consider below, ify you choose to conditionally approve this application. (2) Denial of all or part of this Improvement Permit Application for the Proposed Anesi Cabin. Ift the application is denied, then it is advisable to note the County regulation(s) with which the project does not comply. A reason for a denial may be: potential visual impacts of the proposed cabin as viewed from nearby County Road 33. (3) Table the application, because there is a critical piece ofinformation missing that the Board of County Commissioners needs before making a decision. Ifyou choose to table this application, it is advisable to specify for the Applicant what missing documentation is needed. Staff Recommendation:" The Planning Director suggests that the application appears to be in general compliance with the Master Plan, and the County Zoning and Land Use Regulations. The Planning Director suggests that the Board of County Commissioners can conditionally approve this Improvement Permit, with the proposed Conditions of Approval listed below. County Improvement Permit, Proposed Anesi Cabin and Associated Improvements, Carolina Mill Site, Kendall Gulch near Deer Park, County Road 33, San Juan County, Colorado Proposed Conditions of Approval for the Board of County Commissioners to consider are the following: 1. Compliance with all applicable State and Federal regulations is required as a condition of this County Improvement Permit. Any State and Federal permits that are required for the proposed development shall be obtained by the owner prior to commencement of the work. Those may include: permits required from the San Juan Basin Public Health Department, Army Corps of Engineers, stormwater management, Colorado Firewise wildfire reduction guidelines. 2. The property line shall be staked/clearly marked, with caution tape or survey flagging, to create a temporary construction fence, prior to any excavation or work that is anticipated to occur within 20 Page 5 of7 STAFF REPORT FOR THE BOARD OF COUNTY COMMISSIONERS, ANESI CABIN, MAY7, 2022. feet ofthe project site property line. The purpose of marking the property line adjacent to nearby proposed construction is to prevent heavy equipment, or the limits of construction disturbance, from trespassing, and to prevent the construction of the proposed improvements from extending beyond the required minimum setback, or onto adjacent land. 3. The owner shall provide "adequate screening" of the proposed structure(s) and improvements as viewed from County Road 33. A site visit by County staff shall occur during or after construction, and the County staff may require the owner to install additional screening, typically including the planting ofe fevergreens, ifthe visibility ofthe structure (cabin and/or shed) is found to exceed the minimal anticipated visual impact. The land owner, if not agreeing with the County staff requirements, may have the proposed County staff screening requirements reviewed by the Board of County Commissioners, for a final determination. 4. The owner shall submit a completed County Driveway Permit Application form, and a completed "Relationship to State Highways" form, to the County Road and Bridge Supervisor, along with a copy of the application or site plan/survey. The owner shall be responsible for obtaining the written comments from the Supervisor on those forms, and submitting those two forms to the Planning Department. 5. No historic objects are expected. However, if any historic objects are encountered during construction, the construction shall temporarily cease, and recommendations of the County Historic Impact Review Committee shall be obtained and followed. 6. The owner shall submit conceptual building plans (one floor plan, and one elevation drawing) showing the two exterior dimensions of the proposed cabin footprint, and the total height, and shall also include a text/numerical description oft the summary oft the total Floor Area, to demonstrate compliance with the limit of 1,000 square feet, as more fully describeddefined in the County Zoning and Land Use Regulations. 7. Proposed shed structure shall also comply with the requirements of the County Zoning and Land Use Regulations as described for sites above 11,000 feet elevation (per NAVD27). An updated site plan shall be submitted, reflecting proposed locations/sizes of cabin, shed, any ground mounted or pole mounted solar panel(s), other proposed improvements, and any proposed screening. 8. The proposed cabin, shed, and any proposed solar panels shall be placed in locations that are least visible, as viewed from nearby County Roads and public trails, as permitted in accordance with the avalanche expert's study and recommendations. 9. San. Juan County requires reseeding ofa any disturbed soil ground surface with certified noxious weed free native seed. The reseeding shall comply with the applicable San Juan County Zoning and Land Use Regulations. 10. San Juan County has "dark sky" lighting requirements. Proposed lighting associated with this project shall comply with the San Juan County Zoning and Land Use Regulations. 11. The owner shall comply with all San Juan County Zoning and Land Use Regulations. In particular please refer to Section 4-110 which has specific requirements for all Improvement Permits. The Page 6 of7 STAFF REPORT FOR THE BOARD OF COUNTY COMMISSIONERS, ANESI CABIN, MAY 7, 2022. violation of San Juan County Zoning and Land Use Regulations, State regulations, or Federal regulations, shall cause this County permit to be void. Ifr requirements differ, the most stringent shall apply. 12. The owner shall follow all recommendations oft the avalanche expert and study, and is encouraged to consult with the avalanche expert regarding the loeationsloriemtationlesign of the proposed sinucturesimpovemens, for a follow-up review and/or recommendations, prior to septic/structure construction commencement. 13. Foundation concrete placement shall not occur until final written approval of fthe proposed septic system location is approved by the San Juan Basin Public Health Department. 14. The building materials and the exterior colors for the proposed structures (cabin and shed) shall be non-reflective, muted, neutral, natural colors, which are compatible with the adjacent existing natural terrain, and shall be in accordance with the County Zoning and Land Use Regulations. 15. All on-site trash shall be contained in a bear proof container and/or enclosed structure. The land owner will not be required to sign up for Town of Silverton water and sewer billing, because the proposed improvements include water rights and a septic system. Thel land owner will be required to sign up with the Town of Silverton for the standard refuse transfer station billing. 16. In accordance with the County Zoning and Land Use Regulations, the owners and applicants hereby acknowledge that emergency services may not be available in a timely manner, and may not be available at all. 17. Any vacation rental usage at this site is prohibited at this time, and this approval is only for single family residential use. 18. Additional Conditions of Approval the Board of County Commissioners would like to add. Lisa Adair PE Town/County Planning Director Silverton/San Juan County Colorado LAdair@slverton.co.s Page 7 of7 D CO 81433 (or call 970-387- 5766) during regular business hours to review the application. Published in the Silverton Standard and the Miner PUBLIC HEARINGS NOTICE is hereby given to the members of the general public that the San Juan County Colorado Board of County Commissioners will hold two Public Hearings at the San Juan County Courthouse, 1557 Greene Street, inSilverton, CO, on Wednesday, May 11, 2022, to receive public comment on the following two Applications: (1) 10:20 AM - Improvement Permit Application, Proposed AnsiabnyCaroinal Mils Site, County Road 33, near Deer Park, San Juan County, CO, submitted by Applicants Nick and Frank Anesi; the purpose of the application is to obtain approval of a proposed cabin and associatedi improvements. (2) 10:40 AM Improvement Permit Application, Proposed Adams Cabin on Ruby Placer, and: adjacent Proposed Boundary Line Adjustment on Annie & Ninety Six Lodes, County Road 8, Ophir Pass, San Juan County, CO, submitted by Applicant Cameron Adams; the purpose of the application is to obtain approval of a proposed cabin, associated improvements, and adjacent boundary line adjustment. NOTICE is further given that all persons may present written/ oral testimony regarding these two Applications, prior to/ during the Public Hearings. County Applications, Meeting Agendas, and virtual Zoom meeting Instructions are posted on the County website. Citizen comments may be sent by email, mail, or hand-delivered to: Es Hall, 1360 Greene Street, PO Box 250, Silverton, CO 81433. Contact Town/County Planning Director Lisa Adair (970) 946- 9408 (MAdar@siveron.co.us) with any questionsicomments about these Applications. Published in the Silverton Standard & Miner: April 28, San Juan Regional Planning Commission SAN JUAN COUNTY TOWN OF SILVERTON Silverton, Colorado 81433 P.O. Box 223 April 19, 2022 Board of County Commissioners San. Juan County Silverton, CO 81433 Members of the Commission: RE: County Improvement Permit Application Sketch Plan Proposed Anesi Cabin Carolina Mill Site USMS No 5569B County Road 33 near Deer Park Deer Park, San Juan County, CO At the regular meeting ofthe San Juan Regional Planning Commission on April 19, 2022, members oft that Commission held a meeting to discuss Proposed Carolina Milll Site USMS No. 5569B. The application includes a proposed one single-family cabin and associated improvements which includes an avalanche study, water rights, and a septic system design. After considerable discussion and background oft the project, questions and presentations from the Town/County Planner and the applicant, the Planning Commission voted unanimously to recommend to the San Juan County Commissioners that you approve the proposed County Improvement Permit Application and Sketch Plan for the proposed Anesi Cabin on the Carolina Mill Site USMS No. 5569B with the 17 proposed conditions of approval. The Summary and Conditions from the Town/County Planner are included. Thank you for considering this recommendation. Sincerely, Thel Planning Commission Members and James Weller Chairman Silverton SAN JUAN COUNTY POI Box 250 POI Box 466 Silverton, CO8 81433 Silverton, CO 81433 April 1, 2022 Dear Silverton/San Juan County Property Owner, The Town/County Planning Department in Silverton, San Juan County, Colorado, has received several applications, and you have been identified as an Adjacent Land Owner. Ap property you own is located near one ofthe project sites listed below. You are under no obligation to: reply to this letter or take any action as this time. ANESI County Improvement Permit Application, Proposed Anesi Cabin, Carolina Mill Site USMS No. 5569B, County Road 33, near Deer Park, San Juan County, CO. RUBY PLACER County Improvement Permit Application, Proposed Adams Cabin, Ruby Placer USMS No. 16941, County Road 8, Ophir Pass, San Juan County, CO. RAINBOW GARAGE Town Architectural Review Overlay District (AROD) Application, Proposed Structure, adjacent to the existing Rainbow Garage (TNT) Building, Lots 21-24 Block 44, to be constructed at the corner of 10th and Greene Streets, Silverton, CO. BARGER Town Rezoning Application, Proposed Barger Rezoning, Existing Car Wash, and Proposed Mechanic Shop and Employee Housing, Lots 13-14 Block 45, 124 East 9th Street, located at the corner of 9th and Blair Streets, Silverton, CO. These applications (and several others) will be reviewed by the San Juan Regional Planning Commission, at 7:00 PM, on Tuesday, April 19, 2022, at the San Juan County Courthouse. Ifyou are interested in an application listed above, you may view the applications on the local Town and County governmental websites, or contact the Town/County Planning Department. The Town Applications above are being posted on the Town of Silverton website (under the following Tabs: Departments - Planning Department Pending Applications). The County Applications above are being posted on the San Juan County Colorado website (under the following Tabs: County Government Building & Planning Proposed AdditionsApliceations. Page 1 of2 As an Adjacent Land Owner and citizen, you may submit written and/or verbal comments regarding these applications, before and/or during the meeting. Comments can be sent to the Planning Department, using the contact information below. As an Adjacent Land Owner and citizen, you may attend the meeting, to listen, or to comment on an application. The meeting is open to the public. Local meetings are currently taking place in person and also via free Zoom meeting software. Ifyou need assistance with using Zoom, you can contact the Planning Department. If you would like to attend the upcoming meeting, here is the Zoom Meeting ID Number: San Juan Regional Planning Commission, Begins at 7:00 PM, on Tuesday, April 19, 2022. Zoom Meeting ID Number 921 3647 3203 The Planning Commission is an "advisory" board that makes a "recommendation. " The final decisions to approve or deny these Town and County Applications will be made at a later date, by the Town Board, or by the County Commissioners, during Public Hearings (which are expected to occur in May 2022). Please contact the Planning Department ifyou have questions or comments. Thank you, Lisa Adair PE Town & County Planning Director Silverton & San Juan County Colorado Office Located at Silverton Town Hall Mail written comments to: Town of Silverton, PO Box 250, Silverton, CO 81433. Hand-deliver written comments to: Town Hall, 1360 Greene Street, Silverton. Email comments to the Town/County Planning Department at: LAdair@ailverion.o.us Town Hall work cell phone: (970) 946-9408 Page 2 of2 IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B Sketch Plan Submittal Applicant: Frank J. Anesi 835 E 2nd Ave Suite 220 Durango, CO 81301 Submitted: March 25th, 2022 ANESI LAW FIRM 835 EAST SECOND AVE., SUITE 220 DURANGO. COLORADO 81301 T. 970.247.9246 F. 970.259.2793 Email: nick@tjanesi com March 25, 2022 Hand Delivered to San Juan County Court House on 3/25/22 San Juan County ATTN: Lisa M. Adair, P.E. 1360 Greene Street Silverton, Colorado 81433 RE: Improvement Permit Application, Sketch Pan Submittal, Proposed Carolina Mill Site Cabin. Dear Ms. Adair and Commissioners: This submittal describes the proposed improvements on the Carolina Mill Site which is 5.07 acres in size (the "Property"). The Property is owned by Anesi Mining Venture, LLC and its managing member is Frank Anesi (the" "Applicant"). The Property is located on Kendall Mountain off San Juan County Road 33. The attached documents have been prepared as a Sketch Plan submittal for a San Juan County Improvement Permit Application. The Applicant requests review oft this project by the Planning Commission during its April 19th, 2022, meeting. The Property is located at an approximate elevation of 11,400 feet. The proposed improvements consist ofa two-story residential cabin, a shed and associated utility improvements. County Road 33 traverses through the Property. A short driveway is proposed from County Road 33 to the proposed cabin location. Please let me know if you have any questions. Very truly yours, Nicholas F. Anesi Enclosures: 146 binders for Staff/ Commissions: Check to County Treasurer for $840.00, Improvement Permit Application Fee Original Signed San. Juan County Application for Improvement Permit Form Adjacent Landowner Envelope IMPROVEMENT PERMIT APPLICATION Sketch Plan Submittal Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B TABLE OF CONTENTS 1. San Juan County Application for Improvement Permit 2. Bargain and Sale Deed 3. Adjacent Landowner Map & List of Adjacent Landowners 4. Survey Plat 5. Project Plans Location / Topography Map and Sketch Plan 6. Project Narrative 7. San Juan Basin Health Department Septic System Permit & Engelhardt Letter 8. Application for Surface Water Rights & Notice of Intent to Make Absolute 9. Avalanche Geohazards Reports from Wilbur Engineering 10. Access Information & Scenic Evaluation Report San. Joan di Application for Improvement Permit Name Fehk J AaEb! AHOVALCIECKINT initinl Date 835 2up AvE. SVISE 120 B Co Land Uisc Administrator 301 (970)242-4246 Phane Ownvralip ofSurfice AESL MINANl VENTVRE, 1L Ownerslip ofMinerals Adiress / Vicinity Map Vhane Certihed Suney Plai "RETE MAISEL Monumentalien Addre MAISE EKRVTeN LLL Hasic Plan Jlap 3 BegaR4 fueangtagiws8 759 -924" Pluns ani Drmings Legal Deaerlplien Property: Rond Systein Relatinship LAOWMA MLLL SLTE U.S. MINEeAE Zming Conpatibilly 502VEY NJo. $569 B AvmAs Slale Mining Pernit MINMJG Dispeer Owuer Natlieation ASESSOkS PARCEZ NO. 48,740000010048 Avalanche llazard Gienlogic Hurard Floudplaini llazard Wildfire llazard Township N, Range w,Section Mineral Resnurce Impact Natore afimpruvement Planned: Wildlife Impri ONE PLOPISED CABINE Hidorle Nite Impaci ASSOCIATED VTILITY IM PRovenbas Warershrufieurane nnnty ilding Inspecior Bailling Permil siales Eleciricall Inspecler land Usc Zone: MOUNTAIN FletricalP Permit Applicant Signature SanJ Juan Basin Henilh Unit Sevuget tlispusal: Tesi a L Desigi Date Applicatineyrste Centrals Sennge Culleclinn Date Submitted for Pernit Siate Division ul Wuter Kesourers Dote Permit Issued Adeguate Waler Souree Date Permit Denied Mell Permit Reasan for Denial Central Water Dhtribution us.Fursts Service/BLAI Access Approval Siate Divisionur llighways Receipi FEE PAYMENT inmesl nar Drivewny Permit Applicatlou nuilding Permit Subdivision/PUD Subilivisian Varlance Mearing Notice Sulidivision Appronal PIID Approval BARGAIN AND SALE DEED The "Grantor, : Frank J. Anesi, whose legal address is P.O. Box 2185, Durango, Colorado 81302, of the County of La Plata and State of Colorado, for the consideration OfTEN DOLLARS. ($10.0 00), and other good and valuable consideration, in hand paid, hereby sells and conveys to Anesi Mining Venture LLC, the "Grantee,", whose legal address is P.O. Box 2185, Durango, Colorado 81302, of the County of La Plata and State of fColorado, the following mining claims in the Animas Mining District, County of San Juan and State ofColorado, to wit: EI Paso lode mining claim, U.S.M.S. 9842A (Parcel No. 48290150010101) Professor Chandler lode mining claim, U.S.M.S. 14047( (Parcel No. 48290150010101) Frvicasur Winkici ivic mining vlaini, U.S.M.S. 9842A (Pacc! * 19290150010101) Von Cotta load mining claim, U.S.M.S. 14052(Parcel No. 48290230010005) Carolina Lode and Mill Site, U.S.M.S. 5569-B (Parcel No. 48290000010048) Lencosticte lode mining claim, U.S.M.S. 5570 (Parcel No. 48290000010048) General Hallack lode mining claim, U.S.M.S. 14047 (Parcel No. 48290220010012) La Veta lode mining claim, U.S.M.S. 14047 (Parcel No. 48290220010012) Unity lode mining claim, U.S.M.S. 9120 (Parcel No. 48290220010012) Leyner lode mining claim, U.S.M.S. 14324 (Parcel No. 48290220010005) with all its appurtenances, SUBJECT TO any and all exceptions of record. Signed this 23rd day of October, 2015, GRANTOR H. / By: Frank J. Auési STATEOE COLORADO SS County of LA PLATA The foregoing instrument was acknow ledyed before me this 23rd day of October, 2015, by Frank J. Anesi. Witness my hand and official seal. My commission expires: May 14, 20199 Lcucara HANNAH NOTARY M KEENER Notary Public PUBLIC STATE OF COLORADO NOTARY ID: 20154019181 MY COMMISSIONE EXPIRES SMAY14. 2019 IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B LIST OF ADJACENT LANDOWNERS As of3/23/2022 Adjacent Landowner Property Dale Hicks Independence -14383 & Temptation -14383 PO BOX 1304 Clarkdale AZ 86324-1304 *All other adjacent land is owned by the BLM as confirmed by the enclosed email from Kim Buck, San Juan County Assessor, dated 3/23/2022. Nick Anesi From: Kimberly Buck sesitamurcondouar Sent: Wednesday, March 23, 2022 3:06 PM To: Nick Anesi Subject: Property within 1500' of Carolina Mill Site Nick, The following is the only parcel within 1500' of the Carolina Millsite. All other land is BLM. Mtp/opetwsailaeicomaehanuasaeaw/8290900ION2 Kim Buck San Juan County Assessor seseresaniancdleriau, PO Box 596. Silverton CO8 81433 office: 970-387-5632 mobile: 970-903-5647 Land Car U.S. Miner Anima San Juar Unsurveyed Scale: 1"=40' Linear Units: US Sun rvey Feel du n ode ba ed Carolina Mill Site M 5.07 Acres (A dia ea - Ound SL kh e AMEREC ted 2232003 * a3 5) 00 tE us5se PLS36727 Raport The best vid oun the Sey aRdEas van Courly. Coio la ane ai The E cmald dL lec the Ma Ofice Cle as onea - No scribings E Prcp JS Mie atec 3 1/1892 nly t sech by E fpri seal gni MJi was E SSBasofBesr CX Besmon arelocal AR820085 No of MS eon Assienave S5EBABA e aio Vgel o mms and E S 5 Nes Ary - I ak No es e5 any Gi E E E E E meony dre EA3 EstezeT This defined Oab las fieidvrork Septe emt ber 2018, Jurya andSeptember: r2020 E B Aerrdngietoeyassl ye commer may ny ES E ay deci EE : E EE en o YeArsn oncaNed deandciton E CAny EnH ARCNn ngly S r Ritsas sogy gal nd nent andlor boundary nent accesso ary urvey Plat la Mill Site Survey No. 5569B lining District junty, Colorado N, R7W,N.M.P.M. 03R, "My ehr e Cor oLeNE MESVS LEGEND 69B Mnera OMONC RSMI USEE the Car roina Mi Ste MS tion Satamer an! aleryt IFe rce Pasek aR veyorl licen 0oh hereby that rerais gan plat corsstr of a wses osese 05c E - - und. E oro es Dacki pel eola trala and oade Mi - nur bec und a E S Eoolhyapisse 8727 Anesi LAND SURVEYOR'S DEPOSIT PO Box 2185 Durango. C081301 San, Juan Counly Surveyor's OHice "C S 7 Date Map No JBDiS Dums 1a Carolina Mill Site bec Sketch Plan / Site Plan Cor 4 Courly Roed sa Devng Butoce San Jn E E b 8 8 3 : S - Proposed Building se Envelope collar * Kensall Guich CAO e S835T00 W Cor 3 1329"E 688.67 (M) S7E 700.3 (R) Tu : 6 Proposser ées adffe Proposed Driveway Canky Road 33 9an RLOW. Juin Vist dedicalas Eh de 60 Cistern 2 Pioposed & Me * VA A Propased Pond Proposed Cabin Flatkes lapgerant cabin site) Proposed Shed Proposed Septic Point gf Kandal Qulch Croek e siom Nearest Creek Bank Car. 2 Set RSM) 9 I de & 6 e 6 E - A 3 3 3 € - S R S o de I & M - a à 1 3 E a : f E - 3 I 9 : - 8 TOAIH IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No.5569B PROJECT NARRATIVE Introduction Anesi Mining Ventures, LLC owns the Carolina Mill Site which is located on San Juan County Road 33 (the "Property"). Frank Anesi is the managing member of Anesi Mining Ventures, LLC and is proposing a two-story residential cabin, shed and septic system. The Property is located within Mountain Zoning District. Water Services The applicant plans to draw water from Kendall Gulch Creek as supported by the attached water application, Case No. 2022CW3003. The water draw from Kendall Gulch Creek will be stored in a buried cistern and/or small holding pond which has been approved by the Southwestern Water Conservation District ("SWCD") as set forth in the notice ofintent to make the conditional water rights absolute -filed on 10-27-2021 and attached hereto. Sewer Services A septic system is proposed for the cabin. The septic system will be engineered by Engelhardt Environmental, LLC. Mr. Engelhardt has performed a site visit and finds the soil to be conducive for a new OWTS. An application for the San Juan Basin Health Department is included within this submittal for your review. Also included is a letter from Mr. Engelhardt setting forth his findings from his site visit. Power The Applicant plants to utilize passive and active solar, propane and a generator kept within the shed for use during construction. The Applicant plans to utilize a gravity fed water turbine from the holding pond as an electrical power source. Any propane tanks will be stored outside the cabin and away from any combustibles. Solar panels will likely be mounted to the roof of the cabin and positioned to maximize sun exposure. Heating Heating is planned to include passive solar, a fireplace and possibly a wood-fired boiler system. Page Lofs IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B PROJECT NARRATIVE Lighting For safety reasons, a minimal amount of exterior lighting may be installed at the cabin. The Applicant may install automatic on/off motion detection solar lights. All exterior lighting will conform with San Juan County requirements. Interior lighting shall include low voltage LED bulbs. Solid Waste Management The Applicant will be responsible for trash disposal. According to County regulations, property owners are responsible for solid waste transport and solid waste disposal fees. Onsite trash will be contained within a structure at all times until removed and taken to the Transfer Station. Phone Services Cell phones work at the Property. No land line is proposed at this time. Landseaping Landscaping shall include planting of trees to conceal the cabin from visibility as much as possible. County Road 33 passes through the center of the Property and therefore all "safe" building sites are viable from the County Road. The enclosed Avalanche Hazard Assessment & Mapping for the Carolina Mill Sitc (the "Study") identifies three locations that are safc to construct a Cabin. Location number "3"is proposed for two reasons: First, it is the historic location of the original cabin and/or mill. Second, it is the least visible location from County Road 33. While all three locations are clearly visible from the County Road, location 3 has the most existing vegetation and can be further concealed by planting more trees. Raking and removal of combustible ground cover will be needed, as recommended by the Colorado State Forest Service Firewise Practices, to develop adequate defensible space. Access As short driveway is proposed off County Road 33. The driveway will be constructed to County specifications. Page 2 of5 IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B PROJECT NARRATIVE Foundation Depending on the bearing conditions encountered during excavation, the foundation will most likely consist ofa concrete pier system. Ifthe conditions are favorable, the Applicant may build a small basement used for storage and utility placement. Surveying The survey plat for the Property was prepared by Professional Licensed Surveyor (PLS) Timothy A. Pasek, Monadnock Mineral Services, LLC. A signed and stamped copy of the survey plat is included within this application for your review. Subsurface Conditions Subsurface conditions in the area generally consist of topsoil and are conducive to a scptic system. Thc Property was inspected by Chad Engelhardt, Engelhardt Environmental, LLC. and his findings are set forth in his attached letter dated March 23, 2022. Building Envelope The building envelope is shown on the attached plans and described within this application. As noted above, the selected building envelope has been evaluated for avalanche and geohazards potential. Site number "3" as set forth in the Study, is "buildable" and relatively safe. Avalanche and Geohazards The Applicant retained avalanche consultant, Chris Wilbur PE, to further evaluate the Property. Mr. Wilbur works with avalanche engineer Art Mears PE and has performed a detailed review oft the potential avalanche hazards as set forth in his attached Study. As noted above, there arei three buildable locations. The applicant elected site number 3 due to the fact that is the most concealed from the County Road and it is the location of the historic cabin mill. Mr. Wilbur will be consulted prior to construction, to check mitigation mea asures. Page 3 of5 IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B PROJECT NARRATIVE Elevation of Structure The elevation of the Property is above 11,400 feet, and as such the cabin design cannot exceed 1000sq in size. The entire Property is well below tree line, however, as evidenced by the photos included within this application. Cabin Size The proposed cabin is two stories with a possible basement and will be 1000 square feet. Covered decking will exist on three sides of the cabin with a small porch on the back side as illustrated in the attached plans. Cabin Height The proposed roof pitch is 12:12. The cabin height will depend somewhat on the location itis built (i.e., the sloping topography will impact the overall height depending upon whether it is measured at the lowest grade or highest grade. Cabin Style The Applicant is designing the cabin in the traditional "mountain-style cabin" with timber /: steel framing and architectural features designed to duplicate a historic mining structure. Building Materials Photos of the proposed building material are included within this application, and they consist of the following: Wood timbers and/or structural steel Non-reflective. rust color metal siding and/or native stone found onsite Minimal window glazing Non-reflective metal roofing Proposed Shed The proposed shed is being designed to match the cabin and will be a one-story structure able to accommodate the parking ofc fonly one vehicle inside. Page 40 of5 IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B PROJECT NARRATIVE Building Plans Draft building plans for the proposed cabin have been prepared by the Applicant and are included in this submittal. Page 5 ofs SAN JUAN BASIN Permit # public health 2022 Year APPLICATION to Construct, Alter, or Repair an On-site Wastewater Treatment System Owner: Anesi Mining Ventures, LLC (ATTN: Frank Anesi) Phone: 970-247-9246 Site address: Carolin Mill Site U.S. Mineral Survey No. 5569B Animas Mining District Assessor'sp parcel # 48290000010048 Subdivision: San Juan County Lot#: N/A Lots size: 5.07 (acres)# # of Dwellings: 1 # ofE Bedrooms: 2 Water supply: Cistern lacknowledge: (1)T This application does not guarantee that an On-site Wastewater Treatment System ("OWTS")can be installed or abuilding permit Issued; (2)7 Thel issuance of the OWTS permit does not imply any warranty by San Juan Basin Public Health as to the operation of the OWTS; (3) The OWTS must be constructed In accordance with the San Juan Basin Public Health On-site Wastewater Treatment System Regulations; and (4) The owner of the property assumes the responsibilty and llability for the proper maintenance oft the OWTS. Date: 3/21/22 Owner's signature: CL LL 4 MrL Owner's mailing address: 835 E 2nd Ave. Suite 220, Durango CO81301 Owner'se email address: nick@ijanesi.com [DEPARTMENT USE ONLY) Permit fee: $ Payment type: Rec'd by: Date: Site Evaluation LTAR: Limiting Zone: Depth: PERMITto anOn-site Wastewater Treatment System Septic tank(s): Design flow: (gal/day) Distribution: Gravity or Pressure siphon pump Soil treatment area: DesignSpecifications: and Comments: Authorization to begin.Construction Permit must be signed byE EHS BEFORE construction! begins Environmental Health Specialist Date FinalInspection Thea above. system hast been inspected and found to comply with the above requirements. lystem Installed by (name, company, phone) Environmental Health Specialist Date System Designed by (name, company, phone) Form revised 2//2017 Engelhardt Environmental, LLC. March 23, 2022 PROPERTY: Carolina Mill Site, Silverton, CO PROPERTY OWNER: Frank Anesi To Whom It May Concern: This purpose of this letter is to confirm that a site and soil evaluation for the above referenced property was conducted on July 19, 2021 as per San Juan Basin Public Health protocol for OWTS permitting. At the time of site visit, I evaluated two soil profile pits and determined that the soil is suitable and site conditions conducive for construction of a new OWTS. Once Ireceive a site plan and SJBPH OWTS permit application number from Mr. Anesi, intend to design the new OWTS for the proposed cabin. Please contact me with any questions you may have regarding this matter. Sincerely, Chk8 Bupelhrde Chad Engelhardt Engelhardt Environmental, LLC. EANgNtS 455 Sheol St Suite 309. Durango CO: 81301 970.946.8657 San. Juan County District Court, Water Division No. 7, Colorado P. O. Box 900 Silverton, CO 81433 CONCERNING THE APPLICATION FOR WATER FIEKISIOFIDACTANCETD DATEEILED: January 25, 2022 3:33 PM Applicant: CASE NUMBER: 2022CW3003 ANESI MINING VENTURES, LLC Int the Animas River or its Tributaries In SAN JUAN COUNTY COURT USE ONLY A Attorney: Anesi Law Firm Frank. J. Anesi, Reg. 1365 Nicholas F. Anesi, Reg. 41610 Attomeys for Applicant Case Number: 835 E. Second Ave, #220 Durango, Colorado 81302 Division: Courtroom; (970): 247-9246 frank 15@fjanesicom nickfianesi.com APPLICATION FOR E CONDITIONAL a ABSOLUTE WATER RIGHTS (SURFACE) Instructions All lines and boxes should be filled in or shown as not applicable (N/A) with the exception of section 3.B where only 3.B 1 or 3.B.2 shouid be completed. Attach additional sheets as needed. Attach all maps as required. It is the applicant's responsibility to provide the location for each structure in this application. For structures thata are aiready decreed. use, verbatim, the location from the most recent decree that adjudicated the location. For new structures, provide aPLSS location (quarter- -quarter, section, township andr range) andas single point location description using either UTM coordinates (for example from a GPS device) (preferred) or measured distancesf from known section lines 1. and Name, mailing address, email address and telephone number of applicant(s) (if there are multiple applicants the space provided is not adequate, provide additional sheets as needed): Name of Applicant Malling Address Email address Telephone Anes Mining Ventures LLC 835E 2- Ave #220, Durango CO 81301 Frank 15piaresis com - 970-247 Number 9246 2. Name of structure: Carolina Mill Site Diversion Oditch Ospring Oother 3. Location of Structure A. Public Land Survey System (PLSS) (Required): Include the source of PLSS information, for example: GIS system such as CDSS MapViewer scaled (http/water from USGS state Co XA AQaspx): field survey; topographic map; or other source: Legal County Description: 1/4 1/4 Section Township Range Principal San Juan ofthe 41 Meridian N or S E or W E D a E N.M.P.M. B. Point of diversion (Required) (Complete either 1 or 2 below) JDF 296W R6/20 APPLICAT ON FORV WATER RIGHTS (SURFACE) AND CERTIF ICATE OF NOTICE Page 1of5 1. Location information in UTM format (Preferred). UTM Zone must be 12 or 13: Units must be Meters, Datum North Include the source oi the UTM coordinates. for example must GPS be NAD83, and Units must be set to true MapViewer (htp/water state.c co. us device; GIS System such as CDSS fromUSGS topographicn map, or other 7 source In areas having AQ aspx) scaled include street address, andif fapplicable. thelot. block andis subdivision generally Attach recognized a street addresses, also to.this application illustrating the location of the structure legible 8 Yx 11 inch map UTM coordinates Easting 13S 0267408E Northing 4185143N Ozone 12 CZone 13 Street Address: Latitude: 37° 47' 03" Longitude 107" 38' 28" Subdivision: Lot Block Source OfUTMS (for example. hand-held Garmin GPS or located from aerial map, etc). Surveymap Accuracy of location displayed on GPS device (for example, accurate to within 200 feet). +201 feet 2. Distance from Section Lines (if not providing a UTM coordinate above) Include information, perpendicular for distances from section lines to the structure location. Include the source of PLSS Chttpwater example: GIS system such as CDSS MapViewer from USGS - topographic map: or other source. In areas having generally recognized street field addresses survey; scaled also include tot this street address, and if applicable, the lot, block, and subdivision. Attach alegible 8 % inch map application illustrating the location oft the structure Distance from Section Lines (not from property lines) Feet from ON Os and Feet from OE Ow Source of PLSS information Street Address: Subdivision Lot Block 4. Source Platte (for River) example unnamed tributary to North Clear Creek, tributary to Clear Creek, tnbutary to the South Kendall GulchCreek 5. A. Date of appropriation. Thedate Lof appropration was initiated by legal research on the requirementof Southwest Water Conservation District in Case No 06CW127. However the stipulated initial dateof approraton.wilnots occur until August 15. 2022 B. How appropriation was initiated See paragraphg Date water applied to beneficial use Antcipated lobez August 15.2022 JDF 296W R6I20A APPL LIÇAT TIONF FOR WATER RIGHTS SURFACEJA AND CERTIFICATE OF NOTICE Page 20f5 Amount cliaimed in cubic feet per second (cfs) or gallons per minute (1 cfs 448. 8 gpm). Conditional (Ocfs a gpm) Absolute 15 cfs Pga gpm) Ifclaiming an absolute water right, application shall include supporting evidence that applicant diverted water in- priority and applied such water to the beneficial uses claimed in the amounts claimed. 7. ListA All Uses or Proposed Uses Residential small garden, decorative tree planing A. ltirngation complete the following: Number of acres historically rrigated proposed to be irrigated 2000 square feet Does the Applicant intend ton uset thiswater right tos supplement irrigation on an area of land already irrigated under ancther water right? a yes Eno Legal description of irrigated acreage. Mark the location of the irgated acreage on a USGS topographic map and attach to this application a legible 8 %x 11 inch copy of the applicable portion of the map See attacned map B. If non-irrigation, describe purpose fully Mark location of use on a USGS topographic map and attach to this application al legible 8 %x11 inch copy of the applicable portion of the map NA 8. Name(s)and: address(es) of owneris) or reputed owner(s) of the land upon which any new or existing diversion or storage structure. or modification to any existing diversion or storage structure is or will be constructed or upon which water is or wil be stored. including any modification to the existing storage pool. The applicant must notify these persons that the appiicant s applying for this water right, and certify to the Court that the applicant has done so by no later than 14 days after filing this application The certification form IS on page 4of this form Name of Owner Mailing Address Anesi Mining Ventures LLC 835 E 20d Ave. #220. Durango, CO 81301 9. Remarks or any other pertinent information. The Applicantplansto buldaresidental cabin ofapproximately 1500square feetanda 2000 square footlined pond to be used for irrigation ofas smallg garden anda few decorativetrees The pond will divert its waterback toKendall Gulch Creek to run through an electric turbine to generate electricity for the cabin. Also attachedto this Application is Notice of Intent to Make Absolute subject to the water right decreed in Case No. 06CW127 The stipulaled date ofapprcoriation. with the Southwest Water Conservation District is August 15. 2022 O By checking this box. lam acknowledging am filling in the blanks and not changing anything else on the form E By checking this box, I am acknowledging that lhave made a change to the original content of this form Sighature of Attorney (if any) Date JDF 296W REI20 APPL ICAT TION FOR WATER RIGHTS (SURFACE) AND CÉRTIFICATE OF NOTICE Page 3of5 VERIFICATION Ideclare under penalty of perjury under the law of Colorado that the foregoing is true and correct. Executed on the 16A day of pvay 109 25 at Cak LALA (date) (month) (year) (city. Es or other and state OR country) AHEK 1 Haa Chinyl Printéd Name Signature le C Mpaik VEN LAE 64 Sigiature of Attorpéy (if any) The person sigring this verification IS JApplicant QEngineer Dother (descnbe), An ARL ALE hZ EAc Verifications of other persons having knowiedge of the facts may be attached to this Application. JDF 296W R6/20 APPLI ICAT TIONI FOR WAT TER RIGHTS (SURFA ACE) AND TE OF NOTIC C5 Page of5 Notice of fintent to Make Absolute 10-2731 N.O.I. # 34 The below identified applicant herehy notices iis intent to make absolute an increment of the Issigned Animas bi SICDI Service Area conditional water right decreed in Case No. 06CWI 127 consistent witht the terms and conditions decreed therein. Use additional pages as needed. Applicant Information: Name: Anesi Mining Venture LLC 970-247-9246 Telephone: Email Address: frank_ 15@fanesi.com Mailing Address. 835 E. Second Avenue, #220; Durango, CO 81301 (The approved NOI will be mailed to this address) Prospective Water Right Increment Infurmation: Proposed Lse of Water (e. g. domestic, irigation, commercial): Domestic use for one cabin, one pond with 400 f2 surface area and possible small hydropower turbine. Pruposed Source (groundwater. surface water): Kendall Gulch Creek maximum 15 gpm. Proposed Placeoft se (include parcel Iwif possible!: Carolina Mill Site, San Juan County, Colorado Anticipated Amount of Depletions (number of acres irrigated. stock use. domestic surface area, and pond evaporation, ete: in the time periods per the 06C W 127 decree) See attached sheet. Revised 12/29/2011 CK The applicant IS advised and recognizes that the exccution of this Notice of Intent to Make Absolute confers nor right, title. or interest in water beyond the right to perfect an increment of the Animas Service Area conditional water right consistent with the decree in Case No. 06C W127 Applicant is hereby given authority by Southwestern W ater Conservation District and La Plata County to file an application to make the conditional water right absolute pursuant to the lerms and conditions in Case No. 06C W127 The Southwester Water Conservation District and La Plata County reserve the right to file opposition to such claim if deemed necessary. 10/27/21 Ls Signed for the Applicant,(fide) (Date) Frank J. Anesi, Managing Member Printed Name Governmentall Endorsements: K 8os La Plata 'ounty Mgh N SIARKERAUM PrintedName a SWCD (Datey S 5 VE a 6 : Printed Name Revised 12/29/2011 CK ANESI NOI- 06CW0127 San Juan County Kendall Gulch Creek (11,000 feet elevation) Single Home Pond" Total January 1- 31 0.000081 0.000000 ICE 0.000081 February 1- 28( (29) 0.000081 0.000000 ICE 0.000081 March 1 31 0.000081 0.000000 0000081 April 14 0.000081 0.000000 CF 0.000081 April 15 30 0.000081 0.000000 CE 0.000081 May 1- 30 0.000081 0.000055 0.000136 June 1 14 0.000081 0.000070 0.000151 June 15 30 0.000081 0.000070 0.000151 July 1 4 0.000081 0.000070 0.000151 July 15 31 0.000081 0.000070 0.000151 August 1- 31 0.000081 0.000057 0.000138 September 1 30 0.000081 0.000049 0.000130 October 1 -31 0.000081 0.000032 0.000113 November 1 30 0.000081 0.000000 ICE 0.000081 December 1- 31 0.000081 0.000000 0.000081 Pond with 400 square feet of surface area (0.0092 acres) Evap Rates above 8,500' Per Acre For Anesi Pond PondsA Jlanuary 1- 31 0.000441 0.000004 0.009183 February 1- 28 (29) 0.001587 0.000015 March 1 -31 0.002867 0.000026 April 1 14 0.004444 0.000041 April 15 30 0.0 .004444 0.000041 May 1- 30 0.005955 0.000055 June 14 0.007635 0.000070 June 15 30 0.007635 0.000070 July 4 0.007610 0.000070 July 15 0.007610 0.000070 August 31 0.006176 0.000057 September 1- 30 0.005356 0.000049 October 1 -31 0.003529 0.000032 November 1 30 0.001937 0.000018 December 1- 31 0.000662 0.000006 AVALANCHE HAZARD ASSESSMENT & MAPPING for CAROLINA MILL SITE U.S. SURVEY NO. 5569 COUNTY ROAD 33 SAN JUAN COUNTY COLORADO Prepared for: Frank Anesi 835 E 2nd Ave. Suite 220. Durango, Colorado 81301 Prepared by: Wilbur Engineering, Inc. Durango, Colorado October 14, 2020 WILBUR ENGINEERING, INC. 150E East9St, Suite 201. Durango CO 81301 (970) 247-1488. chris@mparsandwibur. r.com October 14, 2020 Frank Anesi 835 E 2nd Ave. Suite 220. Durango, Colorado 81301 RE: Avalanche Hazard Assessment Carolina Mill Site, U.S. Survey No. 5569 CR 33, Kendall Mtn. Rd., San Juan County, Colorado Dear Mr. Anesi: At your request, we have completed our avalanche hazard assessment. We have also developed recommendations for avoiding and reducing exposure to avalanche hazards at the site. Ify you have any questions, please contact me at (970) 247-1488. Sincerely, Wilbur Engineering, Inc. Clai Chris Wibur, P.E. Contents 1. introduction. 2. Objectives. 3. Limitations 4. Methods. 5. Snow Climate 6. Terrain. 7, Vegetative Indicators 8. Avalanche Dynamics Modeling 9. Findings... 11 10. Recommendations 12 11. References 13 Figures Figure 1 - Site Location Map Figure 2 Site on Caltopo Slope Map.. 2 Figure 3 Google Earth Image of South-facing Terrain. Figure 4 Google Earth Image of North-facing Terrain Figure 5 LIDAR Slope Angle (left) and Aspect (right) Maps Figure 6 Photo of North-facing Avalanche Terrain. Figure 7 - Photo of South-facing Avalanche Terrain. 8 Figure 8 - Unclassified LIDAR Reflections showing Road and Trees 9 Figure 9 - RAMMS Model of High Elevation Release on Kendall Mtn. 10 Figure 10 RAMMS Predicted Maximum Flow Heights Mid-slope Kendall Mtn. 10 Figure 11 - RAMMS Predicted Maximum Velocities for Lower North Slopes 11 Figure 12 RAMMS Predicted Maximum Flow Heights for South Slopes 11 Figure 13 Avalanche Hazard Map 14 Appendix RAMMS Parameters & Summary of Results A-1 Site Photos B-1 Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San. Juan County, Colorado October 14. 2020 1. Introduction This study describes snow avalanche hazards at the Carolina Mill Site Claim on CR 33 (Kendall Mountain Road). Figure 1 shows the site location approximately 2 miles southeast of Silverton. Figure 2 shows the site on a Caltopo slope angle map. This report includes a map delineating high and moderate avalanche hazard zones, and provides recommendations for the planned cabin. C Figure 1 - Site Location Map Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San, Juan County, Colorado October 14, 2020 ondal Mountain 11726 Guich Kendal 28 11977 Figure 2 - Site on Caltopo Slope Map (Site boundaries are approximate) 2. Objectives This report has the following objectives: 1. Delineate avalanche hazard zones for High (Red) Avalanche Hazard and Moderate (Blue) Avalanche Hazards at the site. 2. Provide recommendations for reducing and mitigating avalanche hazards, including recommendations for siting of a proposed cabin to avoid or minimize exposure to avalanche hazards. Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur San, Juan County, Colorado October Engineering, 14, 2020 Inc. 2 3. Limitations This report also has the following limitations, which must be understood by all those relying on the results, conclusions, and recommendations: 1. Avalanches larger than the design-magnitude' avalanche are possible, will travel farther, spread wider, and possess greater impact pressures; the probability of such events is small enough that it is generally considered within acceptable limits of risk in this location at this time for the type of land use proposed. 2. This study is site and time specific: it should not be applied to adjacent lands nor should it be used without updating in the future when additional data and improved methods become available. 3. The avalanche hazard assessment is based on current forest and climatic conditions. Changes in forest cover and/or climatic conditions could increase or decrease the avalanche hazard; 4. No avalanche mitigation design specifications are provided. Avalanche design loads cannot be determined until the location, orientation and geometry of buildings and other structures have been determined. Ifmitigation is needed, additional analyses will be required to determine avalanche impact and static loads on walls, roofs, eaves and other exposed objects. A structural engineer, experienced in applying dynamic and static snow loads must be retained to design any structures to resist design snow and avalanche loads. 5. The scope of work does not include evaluation of any other geologic hazards, except for snow avalanches processes. 4. Methods The avalanche hazard assessment, mapping and recommendations presented in this report are based on: 1. Review of reference documents listed in Section 11 of this report. 2. Terrain analyses using a 3-meter topographic map derived from LIDAR data downloaded from the USGS 3D Elevation Program (3DEP): 3. Site observations of vegetation and ground conditions made by Chris Wilbur on September 30, 2020. The Design-Magnitude Avalanche has an approximate annual probability of one- percent, or an average return period of 100-years. Avalanche Hazard Assessment Carolina Mil Site Claim 5569 Wilbur Engineering, Inc. San, Juan County, Colorado October 14, 2020 3 4. Analysis of various sources of aerial imagery, including Google Earth, Bing, USGS, USDA, and San Juan County GIS Department. 5. Review of historic weather data, including SNOTEL, Coop Weather Stations, Colorado Avalanche Information Center (CAIC) and the Center for Snow and Avalanche Studies (CSAS); 6. Avalanche dynamic modeling with the Swiss program, RAMMS, Version 1.7.20 utilizing a 3-meter resolution digital elevation model (DEM) developed from LIDAR data. 7. Our local and regional knowledge of terrain, climate and avalanche hazards. 5. Snow Climate The site is located in the Colorado Avalanche Information Center's (CAIC) Northern San Juan recreational forecast zone. Kendall Mountain and surrounding mountains are characterized by a continental snow climate. This snow climate is widely known for its characteristics that include development of a weak early season snowpack that can persist throughout the winter and spring. The weak lower snowpack can become overloaded by snow slabs that form during large storms and wind events, resulting in widespread avalanche activity. Northwest through southwest winds commonly transport snow into lee areas, especially above timberline. Avalanches that can reach the site will occur generally between November and June, with January-March as the most likely months of activity. 6. Terrain The Carolina Mill Site (el. -11,400) is located near Kendall Gulch south of Kendall Mountain (el. 13,066'). The site has slopes ranging from a minimum of about 9 degrees near a proposed cabin site to over 30 degrees. The relatively gentle terrain near county Road 33 has typical slopes between 14 and 17 degrees. The Carolina Mill Site location appears to have been selected for its location between two large south-facing avalanche paths that start above timberline on Kendall Mountain (Figure 3). These paths are favorable for wind-loading and can produce up to Size 3 avalanches. Table 1 describes the destructive size scale for avalanches. The east path is the largest and has a vertical drop of about 1500 feet. While it can release near the summit of Kendall Mountain, there is an area favorable for wind-loading near elevation 12,300 feet that is expected to produce the largest avalanches near the site. The avalanche path west of the site drops about 1000 feet and does not affect the site, accept for the County Road 33 access. Avalanchel HazardA Assessment Carolina Mil Site Claim 5569 Wilbur Engineering, Inc. San Juan County, Colorado October 14, 2020 4 While the site mostly avoids the two large destructive avalanche paths on either side of the site, Figure 3 also shows the starting zones? for lower elevation avalanche terrain directly above the site to the north can produce Size 2.5 avalanches that reach the site. These avalanche paths have a total starting zone size of about 1.4 acres and a vertical drop of 560 feet. The average slope angle (alpha angle) of these less obvious avalanche paths is about 27 degrees to the creek. Figure 4 shows the north-facing slopes south of Kendall Gulch also can produce size D2.5 avalanches that can reach the site. The total start zone areas are about 2.2 acres and the maximum vertical drop is about 420 feet. The average slope angle (alpha angle) to the creek is about 26 degrees. Googefart Figure 3 - Google Earth Image of South-facing Terrain 2The Starting Zone of an avalanche is the area where snow releases, accelerates andi increases in mass. Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San. Juan County, Colorado October 14, 2020 5 Table 1 Destructive Scale for Avalanche3 Canadian classifcation system for avalanche size (MeClung and Schacrer, 1981) Stze Destroctive potenttal Typical Typical Typical (defioition) mass patb impact (t) length pressare (m) (KPA) Relatively harmless to people. <IO 10 Could bury, injure or killa aperson. 10 100 10 Could burya car, destroy as small building*. 10' 1000 100 orb breakafew trees. Could destroy railway car, larget truck, 10' 2000 500 several buildingso or forest with an area upt to 4hectares(ha). Largest snow avalanches Known; could 10) 3000 1000 destroy ay village or forest up! to4 40ha. eg at wood frame house Google Earth Figure 4 Google Earth Image of North-facing Terrain Figure 5 shows a slope angle map a slope aspect map with 20 meter contours and the site boundary. 3McClung. D. and Schaerer, P., 1980. Snow Avalanche Size Classification. Proceedings ISSW 1980. International Snow Science Workshop, Vancouver BC, Canada, 29 November 3-5, pp. 12-30. Avalanche Hazard Assessment Carolinal Mlls Site Claim 5569 Wilbur Engineering. Inc. San. Juan County. Colorado October 14, 2020 6 Figure 5 - LIDAR Slope Angle (left) and Aspect (right) Maps (Site boundary approximate; 50 meter contours; WGS84 UTM zone 13N) 7. Vegetative Indicators The spruce forest at the site provides vegetative indicators for historic and undocumented avalanches, including lateral and vertical extents. Figure 6 and Figure 7 show photos of the site with representative vegetation. Additional photos are provided in Appendix B. Figure 8 shows the non-ground LIDAR reflections that indicate tree canopy Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering. Inc. San. Juan County, Colorado October 14, 2020 7 height and density. Many trees are 18-inches in diameter or larger, and can withstand modest avalanche pressures. - - Figure 6 Photo of North-facing Avalanche Terrain Figure 7 - Photo of South-facing Avalanche Terrain Avalanchel Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering. Inc. San Juan County, Colorado October 14, 2020 8 Figure 8 - Unclassified LIDAR Reflections showing Road and Trees (Site boundary approximate; 20 meter contours; WGS84 UTM zone 13N) 8. Avalanche Dynamics Modeling We used the Swiss avalanche dynamics program RAMMS Release 1.7.20 to evaluate flow directions, thickness and velocities for the design-magnitude avalanche. Figure 9 through Figure 12 show representative model results. The model calibration was based on our experience with other avalanches in Colorado, including wel-documented historic avalanches and regional runout statistics. Model assumptions and parameters and additional results are presented in Appendix A. Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San. Juan County, Colorado October 14, 2020 9 Figure 9 RAMMS Model of High Elevation Release on Kendall Mtn. S Figure 10 RAMMS Predicted Maximum Flow Heights Mid- -slope Kendall Mtn. Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc: San. Juan County, Colorado October 14, 2020 10 Figure 11 - RAMMS Predicted Maximum Velocities for Lower North Slopes : 3495 F36 90 3470 # 3495 3520 70 3545 3570 Figure 12 RAMMS Predicted Maximum Flow Heights for South Slopes 9. Findings Based on the observations, analyses and methods described in this report, we developed the Avalanche Hazard Zone Map shown in Figure 13. The Moderate Hazard Zone (or Blue Zone) represents an area of low frequency avalanches and low to moderate impact pressures. The pressures generally decrease towards the outer limits Avalanchel Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San. Juan County, Colorado October 14, 2020 11 of the Blue Zone. The High Hazard (or Red Zone) is also shown in Figure 13. This represents an area that includes frequent avalanches (less than 30-year average return periods) and areas where the design-magnitude avalanche impact pressures exceed 30 kPa (600 pounds per square foot (psf)) on a flat surface normal to the flow direction. Powder avalanches will affect some of the Blue Zones, especially at the east end of the site. Some areas within the Blue Zone may require special designs for powder impact pressures. Wet avalanches are likely at the site and will have different properties from cold dry avalanches. Many of the boulders at the site were probably transported by wet avalanches. 10.Recommendations Based on the methods and findings described above, we offer the following recommendations: Permanent Structures Avoidance of avalanche hazards is the most reliable form of mitigation. No permanent structures should be placed in High Avalanche Hazard (Red) Zones. Figure 13 shows three numbered locations that are outside of the Blue Zones. Each of these location will be impacted by avalanches with average return periods of between 100-years and 300- years. The relative hazards increase with proximity to the Red Zone. Thus, Site #1 has the lowest hazard and Site #3 has the highest relative hazard. Due to the sizes of avalanche that can reach each site, the uncertainties about probability and magnitude also increase from Site #1 to Site #3. While Site #1 is the least hazardous location, it is possible to design an avalanche resistant structure at and near any of the three locations. The most practical avalanche mitigation for the proposed cabin will be to design the building to withstand impact. This is known as "direct protection. Avalanche impact loads cannot be determined until the location, geometry and orientation of the structure are known. Iti is possible to achieve a high level of avalanche protection for building occupants, but persons outside will not be protected. In addition to dynamic avalanche impact loads, walls or structures with slopes steeper than about 15 degrees uphill of the walls or structures may be exposed to significant static snow loads caused by creep and glide of the snowpack. These loads are site- and structure-specific: and cannot be determined until the locations, site conditions, structure geometry and orientations of the structures are known. Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San. Juan County, Colorado October 14, 2020 12 Site Access Road County Road 33 crosses several large avalanche paths between Silverton and the site. This study does not assess hazards or risks of any of the off-site avalanche paths. Avalanche Education & Awareness Itis prudent for occupants and guests of residential buildings in and near avalanche hazard zones to become educated and keep current on local avalanche conditions, including the local and regional avalanche danger forecasts. However, reliance upon forecasts and avoiding avalanche terrain during elevated avalanche danger conditions can reduce, but not eliminate avalanche risk, especially to persons outside of buildings. 11. References 1. "Avalanche Hazard Map, San Juan County", prepared by Rebecca Summer and Margaret Squier, INSTAAR (Institute of Arctic and Alpine Research), Boulder, Colorado, for San Juan County in 1976 2. "Natural Hazards of San Juan County, Colorado", prepared by Michael J. Bovis, Institute of Arctic and Alpine Research, Boulder, Colorado, for San Juan County in1976 3. "Avalanche Atlas, San Juan County, Colorado", prepared by Len Miller, Betsy R. Armstrong and Richard L. Armstrong, Institute of Arctic and Alpine Research, for San Juan County in 1976, published as Occasional Paper No. 17 by INSTAAR 4. "Century of Struggle Against Snow: A History of Avalanche Hazard in San Juan County, Colorado", prepared by Betsy R. Armstrong, Institute of Arctic and Alpine Research, for San Juan County in 1976, published as Occasional Paper No. 18 by INSTAAR "Overall Hazard Map", prepared by INSTAAR for San Juan County in 1976. Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San. Juan County. Colorado October 14, 2020 13 E 9 12500E 9 : 1 5 8 € 2 : T! a 8 1 - 8 a E 3 : 1 I E h & A LS9E I Appendix A RAMMS Parameters & Results Important Note: Interpretation of avalanche dynamics model results requires an understanding of the model assumptions, simplifications and limitations of the underlying equations ofr motion. The models do not accurately show wet avalanche runouts, flow heights or impact pressures, nor the variations in avalanche properties with depth. including density and velocity. Release cohesion Comments run res. name ht. (m) vol(m3) Friction (Pa) run1 3 R1 1.2 12,700 S100 0 upper NIKendal)-slopemap run2 3 R2 1.0 12,400 $100 0 Lwr N spreads E1/3site run3 3 R3 1.0 22,600 $100 0 Sos slope ovrflo chan E1/3 run4 3 R4 1.2 17,500 5100 0 upper N GE only E1/4site run5 3 R5 1.0 10,300 $100 0 freq gullysNW runs Wo of site run6 3 R6 0.8 22,100 $100 0 Iwrs short slopes N single rel. run7 3 R6 0.8 22,100 5100 100 Iwrs short slopes N add coh run8 3 R7 0.7 14,600 5100 0 So2rela areas run9 3 R3a 1.0 11,700 $100 0 So2rel areas run10 3 R3a 0.7-0.9 9,800 $100 0 So2rel areas runioc 3 R3a 0.7-0.9 9,800 $100 100 So2rel areas run11 3 R8 0.9-0.10 21,800 5100 0 N R63rela areas A Release area R1 Release area R2 Avalanchel Hazard Assessment Carolinal Mill Site Claim 5569 Wilbur Engineering, Inc. San. Juan County. Colorado October 14. 2020 A-1 Release area 3 Release area R4 Friction mu-S100 Friction xi-100 Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San Juan County, Colorado October 14, 2020 A-2 a a Maximum Heights Maximum Pressure Run 2 349 ) N Run 6 Flow Heights and Velocity Arrows at t=18 seconds Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San. Juan County. Colorado October 14. 2020 A-3 Maximum Heights Maximum Velocity Run 7 o 42 Maximum Heights Maximum Velocity Run 8 Avalanchel Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering. Inc. San, Juan County, Colorado October 14. 2020 A-4 920 0 3470 4 3495 3520 3545 3570 Maximum Heights Maximum Pressure Run 9 34y5 Mo 49 3470. 8 3495 3570 5 3545 3€ 3570 3595 Maximum Heights Maximum Velocity Run 10c Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San Juan County. Colorado October 14, 2020 A-5 1 Maximum Heights Maximum Pressure Run 11 Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San Juan County, Colorado October 14, 2020 A-6 Appendix B Site Photos a N-facing paths note avalanche trim height on branches at lower right; Rocks on surface possibly/likely avalanche transported Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering. Inc. SanJ Juan County. Colorado October 14. 2020 B-1 I Avalanche damage from S Slopes 1 Avalanche flagging on Lower Slopes North of Site Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering. Inc San Juan County, Colorado October 14, 2020 B-2 Avalanche damage above site on Lower Slopes North of Site Avalanche Hazard/ Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San. Juan County, Colorado October 14, 2020 B-3 Large Boulders at Site Possibly Avalanche Transported Old large diameter tree damage Poss. debris flow or wet avalanche caused Avalanche Hazard Assessment Carolina Mill Site Claim 5569 Wilbur Engineering, Inc. San Juan County, Colorado October 14, 2020 B-4 IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B ACCESS INFORMATION REPORT & SCENIC QUALITY REPORT SCENIC QUALITY REPORT Introduction and Site Location The Carolina Mill Site is accessible via County Road 33. A location map is included within the application. It depicts the general location of the Property. The County Scenic Quality regulations state the following: All residential development shall be required to submit ai Scenic Quality Report at the time ofthe sketch plan submittal. County Road 33 Property travels through the entire length of the Property. As such, most of the Property is visible to those traveling on the County Road. There is a notation on the attached survey of an' "old single-track trail" which apparently existed prior to the installation of County Road 33. Such trail has since been abandoned, and there is no evidence of it connecting through the Property. The attached survey shows a notation of where the trail may have been located at either end of the Property with a large gap in-between. Significant photo documentation has been obtained to show the lack of any trail system on the Property. PUBLIC VISIBILITY All potential building sites are visible from County Road 33. San Juan County regulations require that the Scenic Quality Report include the following information: "Destinations of scenic views ofnatural and historic features both from and toward the site and descriptions ofhow these vistas shall be preserved. Graphic depiction ofthe proposed. structure 's impact on these views shall be submitted to allow staf the Planning Commission, and the Board ofCounty Commissioners 10 assess the impacts ofthe project and the effectiveness of proposed mitigution measures. The Property is encumbered by County Road 33, which renders all building locations visible to those using the County Road. -There is no known location on the Property from which a cabin would not be visible. The selected building site is the most concealed of the possible building sites identified in the attached Avalanche Study. Moreover, it is the historic location of the cabin and/or mill that previously existed. Page of5 IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B ACCESS INFORMATION REPORT & SCENIC QUALITY REPORT The Applicant has located original building timbers and multiple ore buckets that were left on the Property. On information and belief, some form of milling occurred on the Property. As such, the Applicant believes the proposed building site is in keeping with the historic spirit of the mill site and also takes into consideration the maximum amount of concealment to preserve the public' 's view. With the addition of trees along the edge ofCounty Road 33, the Applicant believes a significant portion of the cabin will be concealed. Attached is a superimposed image ofa cabin as seen by a passerby on County Road 33. The remaining photos show the Property from northern, souther, eastern and western vantage points. MINIMIZING VISUAL IMPACTS The County Scenic Quality regulations require the following information: "Evidence that the location of the structure is designed to minimize the visual impacis and to not detractf from the scenic qualily of the adjacent public lands or existing trails. The Property is surrounded by BLM land on all sides. The only road or existing trail is County Road 33. County Road 33 appears to be used primarily by vehicles and occasional pedestrian use. The Applicant has satisfied the above listed criteria by selecting the site that is least visible from the County Road and still deemed safe by the Avalanche Study. The Applicant proposes the addition of several trecs / screening along County Road 33 to further conceal the cabin. The amount of time a person traveling in a vehicle sees the proposed cabin is limited and depends upon how fast they are driving. Driving through the entire Property takes about one minute, so the time a person would see the cabin would only be a matter of seconds. There are several cabins that are similarly situated at the base of County Road 33 which passerby' 's see as they drive up Kendal Mountain. As such, the Applicant's proposal is in keeping with existing precedent. BLENDING WITH NATURAL TOPOGRAPHY/ ENVIRONMENT County regulations require that the Scenic Quality Report includes information regarding the following: Page 2 of5 IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B ACCESS INFORMATION REPORT & SCENIC QUALITY REPORT "Evidence thal the designs orient improvements in ways that allow them to blend in with and utilize the natural topography. The submittal shall include, bul not be limited t0, elevations at as scale suitable for a determination that all standards in this section have been met, Three-Dimensional Modeling, etc. The proposed cabin has been designed to blend in with the surrounding landscape by using non-reflective materials and earth tone colors. Also, the applicant plans to usc native stone from the mill site to cover portions of the cabin 's exterior and chimney. There is large boulder located within the proposed building envelope which, if architecturally feasible, will be incorporated into the corner oft the cabin. The Applicant will make best efforts to maintain old growth trees close to the cabin to conceal it further, TOPSOIL, UTILITIES, LIGHTING AND DRIVEWAYS TOPSOIL County regulations require that the project should include the following: 'Plans to remove and. save topsoil, prior to any grading or excavation and replacement, for reuse during re-vegetation. Any topsoil found during construction will be separately stockpiled on-site, to be used for landscaping screening and the row of trees along the County Road. UTILITIES County regulations require that the project should include the following: "Location and illustration ofutilities in ways that will cause the least damage to the natural environment. The project includes the following proposed utilities: an underground septic leach field, underground water tank cistern, an above ground holding pond and underground water and sewer piping. The septic system location was selected based on San Juan Basin Health Department regulations and setbacks. The buried cister location and holding pond have been placed uphill of the cabin to allow gravity flow. Page of5 IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B ACCESS INFORMATION REPORT & SCENIC QUALITY REPORT The water and sewer construction will occur with the lease amount of disturbance necessary, to limit any damage to the natural environment. No overhead powerlines, power poles or overhead cable is proposed. Power sources include solar, propane, water turbine, fireplace boiler and la backup generator, none of which are anticipated to cause physical damage to the natural environment. EXTERIOR LIGHTING County regulations require that the project should include the following: "Provisions requiring shielding ofe exterior lighting to prevent direct visibility oflight bulhs from offsile, directing of Tall exterior lighting toward either the ground or the surface ofa building and prohibiting high intensity sodium vapor or similar lighting. The proposed exterior lighting shall include a minimum amount of automatic on-off motion detection solar lights for safcty and security purposes. No sodium vapor lights are proposed. DRIVEWAYS County regulations require that the project should include the following: "Design and construction planj for roads and associated. structures that bear a logical relationship to existing topography to minimize the need for culs and fills. The proposed driveway enters the Property at a location where minimal fill is required to meet requisite grade and road design. The width oft the driveway will not exceed that of the County Road (i.e., one lane). BUILDING MATERIALS County regulations require that the project should include the following: "Utilization ofcolors and textures found naturally in the landscape and prohibition of reflective materials such as highly reflective lass or metals. The proposed colors and textures of the cabin are as follows: Page 4 of5 IMPROVEMENT PERMIT APPLICATION Proposed Carolina Mill Site Cabin U.S. Mineral Survey No. 5569B ACCESS INFORMATION REPORT & SCENIC QUALITY REPORT Wood and/or Steel framing covered by rusted metal siding and or natural stone recycled from the Property. Non-reflective, earth-tone metal roofing material Minimal window glazing. Attached photos illustrate the types of proposed building materials. CONCLUSION This project appears to be in conformance with the County Scenic Quality regulations due to the following: Significant screening measures will be implemented to conceal the cabin. Building materials will be unobtrusive and subtle to minimize visual impact. Thes size oft the cabin will not exceed the 1000sf limitation. Access to the cabin has virtually no impact on the environment since the County Road already exists. Thank you for your consideration and review of the proposed Carolina Mill Site Cabin. Ifyoui need additional information or have questions, please contact me or Frank. Very truly yours, Nicholas F. Anesi Page 5 of5 * 5 - FALwe NORTH 3 8 * * AA WEST 4 * % * 15 z - a EY S & GRADE GRADE CRAPE GMADE - 1r * FOOTENR FOTER CAROLNA MMILL SITE CABIN BALK VIEW A - LPVERED P9 RLH lx6 6 A K 2 prt BATH BEDROGAN UTuTy wo B'K TAL REF A P - KTTCHEN II X JP LIVING DINING 14x14' 3x10 FIPE PLALE kitsriieh IETENE COVERED POI2CH 24'x8' bi CAROLINA Miu SITE CABIN LOWER FLooR EAST < 2 DECK 7'x5' ae6 A Amc ATT 5n DEA (A k pees Sar DowNJ dN 0 RALING LIVING AEEA BELOW ELHIMNEY VAULTED. 1 a VAVLTED EMEEAAK CopINfk CAROLINA MIu GITE CAEIN JPPER Fuool -RusT COLOR, SIDIG- MO-REPLETIVE ME74L RooFINUG-