SAN JUAN COUNTY, COLORADO BOARD OF COMMISSIONERS TOWN OF SILVERTON BOARD OF TRUSTEES MEETING AGENDA August 24, 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. The information necessary to connect to the public meeting is listed below. CALL TO ORDER: 6:30 P.M. BOCC Meeting Minutes for August 10, 2022 APPOINTMENTS 6:35 P.M. Becky Joyce, Public Health Director 6:55 P.M. Nick Anesi - Carolina Mill Site Road Easement Realignment 7:15 P.M. Jim Donovan. OEM 7:35 P.M. Klem Branner Silverton Single Track New Business: 2021 Audit Report Correspondence: Ty Churchwell. Trout Unlimited Public Comment Commissioner and Staff Reports Other Adjourn Times listed above are approximate. Discussion of an agenda item may occur before or after the assigned time. Next Regular Meeting September 14, 2022 8:30 A.M. Join Zoom Meeting ups o -. 320 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) + 1 3 15 8782 US (Tacoma) + 1 346 248 7799 US (Houston) +1 546 76 9923 US (New York) +1 301 715 8592 US (Germantown) SAN JUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, August 10, 2022 AT 8:30 A.M. Call to Order: The meeting was called to order by Chairman Scott Fetchenhier. Present were Commissioner Ernest Kuhlman, Commissioner Austin Lashley and Administrator William Tookey. Payment of Bills: Commissioner Lashley moved to authorize payment ofthe warrants as presented. Commissioner Kuhlman seconded the motion. The motion passed unanimous. Minutes: Commissioner Kuhlman moved to approve the minutes of July 27, 2022 as submitted. Commissioner Lashley seconded the motion. The motion passed unanimously A Public Hearing was held to receive comment on the proposed Ordinance No. 2022-01 the Model Traffic Code. Upon completion of the public hearing County Administrator William Tookey introduced for the Second Reading and Adoption of Ordinance No. 2022-01 the Model Traffic Code 2020 Edition. Commissioner Lashley moved to adopt Ordinance No. 2022-01 as presented and to publish the ordinançe by reference as required. Commissioner Kuhlman seconded the motion. The motion passed unanimously. The Treasurer' S Monthly Report was presented to the Commissioners for their review. Social Services Director Martha Johnson was present to provide the Commissioners with an update. Commissioner Kuhlman moved to approve Transmittal #5 in the amount of $7,365.65 and Transmittal #6 in the amount of $28,833.69. Commissioner Lashley seconded the motion. The motion passed unanimously. Contract Amendment #2 with the San Juan Basin Area Agency on Aging in the amount ofs $9,100.00 for San Juan County senior program was presented to the Commissioners for their review. Commissioner Kuhlman moved to approve Contract Amendment #2 as presented. Commissioner Lashley seconded the motion. The motion passed unanimously. Mark Rudolph ofCDPHE was present to provide the Commissioners with an update. The Commissioners were presented with a sales tax update for their review. A liquor license renewal from CORE Mountain Enterprises was presented to the Commissioners for their consideration. Commissioner Lashley moved to approve the liquor license renewal as presented. Commissioner Kuhlman seconded the motion. The motion passed unanimously. Grady Ham of Silverton Mountain was present to provide the Commissioners with a brief update. Planning Director Lisa Adair presented her staff report to the Commissioners. A Public Hearing was held to receive comment for the County Improvement Permit Application sketch plan for the proposed Stalzer Cabin with Detached Garage and Associated Improvements to be located on the Forest Queen No. 9 Lode USMS No. 18843, Conundrum Road. Upon completion ofthe public hearing the applicant requested that the Commissioners consider the application as a combined sketch, preliminary and final plan. Commissioner Lashley moved to approve the application as a combined sketch, preliminary and final plan application with the conditions as recommended by staff and the Planning Commission and the additional condition that any changes to the site plan require review and approval by the Commissioners prior to the implementation of the changes. Jon Kaminsky, BLM Gunnison Field Manager was present to discuss several issues with the Commissioners. Included in the discussion was sheep their willful trespassing on private property and their impact upon the SAN JUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, August 10, 2022 AT 8:30 A.M. land's environmental restoration. Other topics discussed included the Minnie Gulch trail, dispensed camping designations, Molas area improvements, coordinated fire bans and water rights Having no further business, the meeting was adjourned at 12:10 P.M. Scott Fetchenhier, Chairman Ladonna L. Jaramillo, County Clerk STAFF REPORT FOR THE BOARD OF COUNTY COMMISSIONERS REQUEST FOR REALIGNMENT OF COUNTY ROAD EASEMENT REPORT DATE: August 21, 2022 MEETING DATE: August 24, 2022 FROM: L. Adair Regarding: Recently Approved County Improvement Permit, Proposed Anesi Cabin, Carolina Mill Site, Kendall Gulch Road (County Road 33), near Deer Park, San Juan County, CO. Applicants: Nick and Frank Anesi. Proposal: This is a request from the Anesi family to realign the sixty feet wide County Road easement, to allow for the construction of the following proposed improvements: proposed avalanche/screening earthen berm to be located on the existing County Road downhill sloped embankment, proposed vegetative screening to consist of willows and evergreens, and proposed drainage improvements, and the placement of some boulders. No County Road construction or grading is proposed, only a request to shift the sixty feet wide County Road easement on the Survey Plat. Originally on August 8 the applicants requested a change in the County Road easement width, but after further consultation with the County Road and Bridge Department, they are currently requesting your permission to allow for a shift in the location of the sixty feet wide County Road easement lines on the Survey Plat. Attachments: Letter from the Anesi family dated August 8, updated aerial photograph site plan dated August 8, and draft Survey Plat dated August 11 for your consideration showing the proposed realigned sixty feet wide County Road easement. County Road and Bridge Comments: The County Road and Bridge Department Supervisor Louie Girodo had the following comments last week regarding this request: "Lisa, I talked to Nick Anesi and I' m with them taking part oft the road aIs long aS we can have the r.0.W. on the inside of the road! They should not have to install a culvert on the access driveway but they may need to get a ditch on the road to control the runoff! Louie.' 39 SUMMARY: The County staff has reviewed this request, which appears acceptable to the Planning Department and the County Road and Bridge Department Supervisor. The request was also developed by the applicants in consultation with the site specific recommendations of the excavation contractor, and the recommendations of the avalanche expert Professional Engineer. Approval of this request will allow for the construction of a proposed earthen berm, which appears desirable for the purposes of both visual screening as well as a potential avalanche hazards reduction. The proposed earthen berm to be built off the downhill side of the County Road driving surface would also include imported trees (willows, evergreens) as well as some drainage improvements. These proposed improvements (berm, screening, drainage) would be located alongside the County Road, within the normal location of the sixty feet wide County Road easement. Therefore the applicants are requesting to shift the sixty feet wide easement uphill, through consultation with the Road and Bridge Supervisor. Alternately, moving the building envelope and locations of the proposed cabin and associated improvements turther from the County Road would push them closer to Kendall Gulch Creek (which is less desirable for environmental setback reasons). The project site (Carolina Mill Site) is surrounded by BLM land on all sides, and is on a relatively intrequently-used County Road, just past the Deer Park turnoff, as one begins to head up Kendall Gulch towards the dead end at Titusville. Although this is an unusual request, due to the unique site geometry, the County staff would suggest that you may consider approving this request as an exemption. An approval of this request would allow for a shift in the sixty feet wide County Road easement Page 1 of2 STAFF REPORT FOR BOCC, ANESI COUNTY ROAD EASEMENT REQUEST, AUGUST 21, 2022. lines uphill towards the existing County Road cut bank. The request affects lines on the paper Survey Plat, but does not include any proposed physical County Road grading or construction. Applicable County Regulations: The current County Zoning and Land Use Regulations do not allow for the construction of any earthen berms, or certain other proposed improvements, within the standard sixty feet wide County Road easement. That is the reason for this request to shift the easement lines. Specifically the County regulations include the following excerpts to help you make a decision on this proposal: 3 The applicant shall dedicate an easement sixty (60)feet in width or greater, if necessaryfor good engineering practices as determined by the County Roads Supervisor, for any County roads that cross their property. This requirement shall be measured from the existing roadway centerline and having thirty (30)feet on each side; the width may be reduced to protect sensitive landscapes upon approval of the County Engineer and/or the County Roads Supervisor. .6 Gates, posts, or permanent manmade structures shall not be built within thirty (30)feet from the edge of a County roadway. Additionally, no fences, berms or other manmade structures/eatures may be approved on a site due to potential visual or other environmental impacts. 16 If necessary, adequate screening shall be installed to. further reduce the visual impact of the structures or other site improvements. EASEMENT: A right-of-way granted by a propery owner or required by law or by this resolution to allow for access, ingress, egress or other stated purpose across one's propertyfor use by others. RIGHT-OF-WAY: A strip or other area of land specifically designated or reserved for travel, passage and/or the installation of utilities or other similar uses by persons other than or in addition to, the landowner. RICHPOPWAYIPUBLICK A dedicated strip or other area ofland on or over which the County and/or public may travel or use, for passage and within which public utilities and/or streets, sidewalks, trails and other ways may be installed. ROAD: A place or wayfor travel by vehicle or on foot when SO designated or accepted by the County. A thoroughfare outside a platted subdivision or incorporated municipality, or a route for vehicular access. A driveway is not a road. Staff Recommendations: The County Improvement Permit Application for the Proposed Anesi Cabin on the Carolina Mill Site was recently approved during a Public Hearing in May 2022. The current County Zoning and Land Use Regulations do not allow for the construction of any berms within the sixty feet wide County Road easement. The Planning Department suggests you may consider approving this request (to move over/realign the sixty feet wide County Road easement lines, shifting that easement towards the uphill side of the existing County Road), approving this as an unusual exemption due to the site-specific building envelope geometry, and the due to the recommendations of the avalanche expert, and through consultation with the County Road and Bridge Department Supervisor. If the County Commissioners decide to approve this request, as a site specific "exemption, then you may wish to do SO with the requirement that the applicants shall be required to file a revised stamped Survey Plat, prepared by the Licensed Surveyor, reflecting the realigned sixty feet wide County Road easement lines, promptly filing it in the office of the County Clerk, at the San Juan County Courthouse. The County Commissioners may decide to approve, conditionally approve, deny, or table this request. Cc: Applicant, Road & Bridge Dept., County Admin., County Attorney, Bldg. Dept., Contractor, Avalanche Consultant, Septic Designer. Prepared By: Lisa Adair PE, Planning Department, San Juan County Colorado, planner@ sanjuancolorado.us Page 2 of 2 a a 3 - - a - - - I - - : - - - 3 - - - E i I - isl - - d - a : - : : 1 - s a - - B . 41 1 : 1 a 1i; I I jis - - i - ) 1E 1 - - 5 E! : - : B : - 1 - i di - . : : B: : Bi - 1 : at a 3 5 B iu 1 I U Bi L € - 1 A Carolina Mill Site Updated / Modified Site Plan 8/8/2022 ANESI LAW FIRM 835 EAST SECOND AVE, SUITE 220 DURANGO, COLORADO 81301 T 970.247.9246 E. 970.259 2793 Email: nick a fjanesi.com August 8, 2022 Sent Via Email to Lisa Adair at: plamner@sanjuanjuancolorado.us San Juan County ATTN: Lisa M. Adair, P.E. 1360 Greene Street Silverton, Colorado 81433 RE: Carolina Mill Site Cabin Update and Request Dear Ms. Adair and Commissioners: Ia am writing this letter to provide you with an update regarding the Carolina Mill Site Cabin Proposal. The application for an improvement permit was reviewed and approved during your May 11, 2022, meeting. One the conditions of your approval, however, was a 60ft dedication for the single-track road that goes through the center ofthe Carolina Mill Site (the Mill Site"). I am requesting the 60ft dedication be reduced to accommodate the originally proposed building footprint. After additional site visits, it became apparent that a 60-foot dedication would intertere with the building site. Given the proximity of CR 33 relative to the avalanche-safe building zone, a 60-foot dedication would overlap into the limited building area. Iam requesting the dedication be confined to the dimensions of existing road with an additional five (5) feet dedicated on the northerly side to accommodate any future road maintenance or expansion the County might need. This would allow for safer construction of1 the cabin and provide more opportunity to mitigate the public's visual impact while traveling through the Mill Site. Ih have conferred with Louis Girodo, County Road and Bridge, and I understand the section ofCR 33 traveling through the Mill Site is not snow plowed except for limited occasions when there has been a heavy snow year and there is a race or similar recreation event in the following spring. I am generally advised 60-foot dedications are necessary for heavily used roads/ highways that are plowed regularly. In this case, the relevant section of road appears to be used infrequently by the public and it is not plowed. Chris Wilbur, P.E. is an avalanche expert who performed a study on the Mill Site. Mr. Wilbur continues to provide advice regarding the proposed cabin and has suggested the cabin become structurally reinforced, be strategically positioned, and have diversion berms to reduce overall danger. While the proposed site is well suited for building a cabin, he has reminded me Page 1 of3 oft the importance of preparing for unexpected avalanche events. The reduced dedication will allow for the construction of earthen diversion berms that provide screening for road users and some additional avalanche protection. The berms would be erected on the southerly edge of the road and would be planted with willows and evergreens to further reduce visual impact. Please see the attached Modified Site Plan which shows the pertinent section ofthe Mill Site within a satellite photo. The building footprint has not changed within the Modified Site Plan; however, it shows a more accurate depiction of the topography and existing vegetation when compared with the original Site Plan which was created from the Survey Plat. The applicant' S request will not establish a negative precedent as the circumstances in this case are distinguishable from any other cases in San Juan County. Unique circumstances are as follows: The Mill Site does not abut any other private property, and there is not a 60-foot road dedication on either side ofthe Mill Site. The land on either side oft the Mill Site is owned by BLM and there does not appear to be a formalized dedication though the abutting BLM lands. The avalanche-safe building envelope is located within a 60-foot dedication. I have conferred with Pete Maisel and the County Attorney about potentially moving the County Road to the north but doing SO is cost prohibitive. The addition ofearthen berms along the southerly edge of the road will provide immediate screening while also providing some avalanche protection. Water can be diverted from Kendal Creek and used to quickly establish willows on the berms to make them appear more natural. Evergreens will also be planted, but it will take longer for them to mature. The earthen berms can be designed to assist with drainage SO that lower sections of county road are less impacted by excessive water flow. These would be constructed by recycling dirt from the septic system installation and basement excavation. Additionally, boulders from the Mill Site will be incorporated into the berm to make it aesthetically pleasing. This proposal assists in creating immediate screening for county road users. The Mill Site is located above 11,000 feet and aspen trees do not appear to grow at this elevation. While the applicant has already planted small evergreen trees, they do not provide any significant screening. For the above stated reasons, I believe this proposal is mutually beneficial. thank you in advance and look torward to meeting with you on August 1Oth, 2022, to discuss this matter further. Should you require any additional information. please let me know. Page 2 of 3 Very truly yours, Nicholas F. Anesi Frank J. Anesi cc: Louis Girodo: jroads@outlook.com Attachments: Modified Site Plan Page 3 of 3 Approved Emergency Services Sales Tax 2022 Search and Rescue $18,310.00 S&R Swift Water Training $ 3,310.00 S&R PPE $ 2,500.00 S&R Vehicle Maintenance $3,500.00 S&R Admin $3,000.00 S&R Legal $3,000.00 S&R Snowmobile $3,000.00 Date: August 21, 2022. SAN JUAN COUNTY For: August 24 Board of County Commissioners Meeting. From: Planning Department. Regarding: Summary of Recent Planning Department Work, PO Box 466 Silverton, CO 81433 In mid-August the Planning Department has been working on these County applications: Ongoing work on Administrative Review Conditional Approval Letter, Improvement Permit Application, Two Proposed Condo Buildings, Phase 1, Cascade Village PUD. Preparation of a List of Conditions of Approval, Improvement Permit Application, Proposed Stalzer Cabin, Forest Queen No. 9 Lode, near Maggie Gulch, which was approved August 10. Provided applicant with list of missing submittal items, Improvement Permit Application, Proposed Hawn Cabin, Log Cabin Lode, near Red Mountain Pass. Review ofi incomplete application and coordination with applicant, Land Use Permit Application, Proposed Mine Reopening, Mill Creek area near Chattanooga. Coordination with applicant and staff regarding County Road easement and proposed building envelope, Improvement Permit, Proposed Anesi Cabin, Carolina Mill Site, near Deer Park. Site visit to observe new gate and signage recently installed near the Animas River/DSNGRR. Provided applicant with list of missing submittal items, Improvement Permit Application, Proposed Robertson ADU, Know Your Neighbor Subdivision. Meeting with applicant to receive supplemental information, Proposed Plat Amendment and Improvement Permit Application, Proposed Sams Residence, Lot 1, Cole Ranch Subdivision. Answered inquiries by email and phone from realtors, land owners, land buyers, consultants, and staff, regarding potential upcoming Improvement Permit Applications, to be submitted for the Mineral King Lode, a Portion of the Ophir Placer, the Luther Property on Hwy 550, the Sandusky Lode, Hector Lode, and questions regarding Proposed Subdivision of unspecified mining claims, proposed/existing septic systems, and ongoing permitted construction. Provided information regarding ongoing and upcoming County permits on or adjacent to US Forest Service (USFS) land to USFS personnel as requested, for a USFS cumulative study. Site visits are occurring, and are being requested/scheduled by applicants before snow. Ir need to ask the County Commissioners if you still each possess the application binder for the Proposed Subdivision Plat Amendment and Improvement Permit Application, for the Proposed Sams Residence, on Lot 1 in the Cole Ranch Subdivision. The application was reviewed and tabled by the County Commissioners during Public Hearings on: September 23, 2020, and March 10, 2021. Supplemental information was submitted in August 2022. The application and supplemental information will be reconsidered soon by the County Commissioners. If you no longer possess the information previously submitted, please let me know. The San Juan Regional Planning Commission held a training work session on August 19, but it was quickly adjourned, because unfortunately the DOLA presenter was absent. The County Commissioners and citizens can contact me with any Planning questions at my County email address Plmerfamumolonaowr Page 1 of 1, Staff Report for BOCC, Lisa Adair PE, August 21, 2022. 8/18/22, 1:30 PM San Juan County Mail Sustaining support for Good Sam legislation Gmail Willy Tookey samndanuncdlendour Sustaining support for Good Sam legislation 1 message Ty Churchwell lyCnurchwel@uorg Thu, Aug 18, 2022 at 12:30 PM To: Willy Tookey <admin@san)uancolorado.us>, "Scott Fetchenheir scom.letcn@gmal.com, comletch@gmai.como, "Austin Lashley (commissioner.ashley@sanjuancolorado.us)" commisionenlashey@sanuancoondous" Hello, Willie, Scott and Austin. I wanted to bring you up-to-speed on where we are with Good Sam, As you know, S: 3571 - the Good Samaritan Remediation of Abandoned Hardrock Mines Act of 2022 was introduced in the Senate in February of this year by Senators Heinrich (D-NM) and Risch (R-ID), with fourteen other, bipartisan co-sponsors evenly split Rs and Ds - including our Senators Bennet and Hickenlooper. The bill was referred to the Senate EPW committee. We are being told the committee is including Good Sam in a hearing on CERCLA and Brownsfield in early Sept. As such, we at TU are reaching out to the counties in CO who have formally expressed support for Good Sam as a concept back in 2021. You'll recall at that time - asked SJC to write Bennet and Hick asking for their support and sponsorship. A total of eight CO counties wrote those letters, including SJC. Thank you for that advocacy! A copy of your letter is attached. With the bill now poised for a hearing, I would like to suggest and/or ask that SJC review S. 3571, develop a formal position on this specific bill, and if supportive, send a follow up letter to Bennet, Hickenlooper and the committee chair and ranking member offering formal support and urging swift passage. If this is something you feel worthy of pursuing, I'm am happy to help. I have email addresses for those who should receive the letter, as an example. Thank you for your consideration. Please let me know if you need anything and if you send a letter. Cheers from downriver, TROUT UNLIMITED Ty Churchwell / Mining Coordinator Trout Unlimited / Angler Conservation Program ty churchweli@tu. org I Cell: 970-903-3010 1309 E 3rd Ave Suite 109. Durango, CO 31301 NWW tu.org htps/lmailgoogle.com'maluork-aseaeb2lesuew-piarch-alépermihemmahnd-head3A17415247572993428925simpl-msg-PA317415247572. 1/2 SAN JUAN COUNTY COLORADO 1557 GREENE STREET P.O. BOX 466 SILVERTON, COLORADO 81433 PHONE/FAX 970-387-5766 sanjuancounty@frontier-net March 10, 2021 The Honorable Michael Bennet United States Senate 261 Russell Senate Office Building Washington, DC 20510 Dear Senator Bennet: San Juan County would like to express our strong support for legislation that could greatly assist in cleaning up abandoned hardrock mines in the San Juan Mountains and throughout the west. "Good Samaritan" legislation would be extremcly beneficial in cleaning up abandoned mines and their associated water ways. Southwest Colorado is covered with hundreds of abandoned mines, many of which are sources ofheavy metal pollution and acidity in the headwaters of our rivers. The current laws make it impossible for well-intended, non-responsible parties to perform the needed mine remediation for fear oft the long-term liability. This liability causes a significant deterrent that can only be addressed with Good Samaritan legislation. Well-crafted Good Samaritan legislation would help assure qualified and capable persons and organizations could perform liability free mine remediation within the pilot programs defined boundaries. The San Juan County Board of Commissioners would support your efforts and would strongly encourage you to make Good Samaritan legislation a priority. You have our full support. This is common sense legislation that will encourage improved water quality for our region. It has the potential to create jobs and improve our quality oflife. Ifyou have any questions, please contact us at your convenience. We greatly appreciate your leadership on this critical issue. Sincerely, d Scott Fetchenhicr, Chairman