SAN JUAN COUNTY, COLORADO BOARD OF COMMISSIONERS MEETING AGENDA September 8, 2021 Dueto the continuing COVID-19 emergency. the Commissioner's: meetings will be conductedin ahybrid virtual in-person format. All personsincluding Board Members. Staffandthose with appointments scheduled on the agenda may meetin person orvia zoom. Due tothe recent COVID Outbreak both the vaccinated and unvaccinated arerequired to wear a mask. We encourage community memberstoparticipate.viazoom. Theinformation necessary toconnect MENyILA CALL TO ORDER: 8:30 A.M. OLD BUSINESS: Consider Bills and Authorize Warrants BOCC Regular Meeting Minutes for August 25, 2021 APPOINTMENTS: 8:40 A.M. - Becky Joyce, Public Health Director, Jim Donovan OEM. DeAnne Gallegos PIO 9:00 A.M - Martha Johnson, Social Services 10:00 A.M. - Public Hearing-Greg Bowman, Sketch Plan Application to Construct a Single Family Dwelling on the Cumberland Mill Site USMS #693B Request for Variance to Section 4-103(f)(ii) Access 10:45 A.M. - Deanna Jaramillo, County Treasurer 11:00 A.M. - Lois MacKenzie (Possible Executive Session C.R.S. Section 24-6- 402(4)(0.(I) for Human Resources Discussion) CORRESPONDENCE: Robert Parker, EPA - Response to CAG NEW BUSINESS: Intergovernmental Agreement for Unified Emergency Management Between San Juan County and the Town ofSilverton Treasurer's Report Housing Needs Assessment COG Regional Housing Grant Public Comment Commissioner and Staff Reports OTHER: ADJOURN: Next Regular Meeting = 6:30 PM, Wednesday September 22, 2021 Join Zoom Meeting nttps Azoom S4 1/921 36473203 Meeting ID: 921 3647 3203 One tap mobile +16699006833, 92136473203# US (San Jose) +12532158782, 92136473203# US (Tacoma) Dial by your location +1 00 6833 US (San Jose) + 1 8782 US (Tacoma) + 1 +0 48 7799 US (Houston) +1 546 76 9923 US (New York) +1 C 3592 US (Germantown) +1 6799 US (Chicago) SAN JUAN COUNTY BOARD OF COMMISSIONERS MET SEPTEMBER 8, 2021 AND THE FOLLOWING BILLS WERE APPROVED FOR PAYMENT. 23094 PEI HOSPITAL BILL 450.00 23095 CO CUSTOM ELEVATOR INSPECTIONS 1560.00 23096 SJC HISTORICAL SOCIETY MICROFILM CONVERSION 256.00 23097 CENTURY LINK SHERIFFS BILL 90.40 23098 CENTURY LINK SHERIFFS BILL 423.58 23099 FLOWER MOTOR CO REPAIR SHERIFFS TRUCK 2174.07 23100 DEANNE GALLEGOS JULY 21 BILL 2050.48 23101 HINSDALE COUNTY CO SHARE OF REMOTE SIGNS 900.00 23102 CITIZENS STATE BANK ANVIL PAYMENT 5558.98 DD ABIGAIL H. ARMISTEAD SHERIFFS DEPUTY WAGES 3539.18 DD AMIE R. BICOCCHI NURSE ASSISTANT WAGES 2790.41 DD ANTHONY D. EDWARDS COMMUNICATIONS WAGES 2289.15 DD ARTHUR. J. DONOVAN EPD WAGES 4450.56 DD AUSTIN P. LASHLEY COMMISSIONERS WAGES 1477.04 DD BRANDI BLAKLEY NURSE ASSISTANT WAGES 3426.13 DD BRUCE T. CONRAD SHERIFF WAGES 3892.38 DD DEANNA M. JARAMILLO TREASURER WAGES 3289.17 DD ELIZABETH KREMER AUGUST PAY 4679.85 DD ERNEST F. KUHLMAN COMMISSIONERS WAGES 1986.91 DD HEATHER A. MACDOUGALL DEPUTY AD-AS-TRE WAGES 2284.76 DD JANICE L. FORDYCE WEED MANAGEMENT 500.93 DD JOHN A. JACOBS SHERIFFS DEPUTY WAGES 2766.21 DD JON L. GULLION SHERIFFS DEPUTY WAGES 896.09 DD KERI METZLER CORONER WAGES 899.31 DD KIMBERLY A. BUCK ASSESSORS WAGES 3316.85 DD KRISTINA L. RHOADES SOCIAL SERVICE WAGES 2275.87 DD LADONNA L. JARAMILLO COUNTY CLERK WAGES 3305.72 DD LOIS MACKENZIE NURSE ASSISTANT WAGES 1170.69 DD REBECCA B. JOYCE COUNTY NURSE WAGES 3362.57 DD REBECCA J. RHOADES CUSTODIAN WAGES 1158.87 DD RONALD D. MABRY WEED MANAGEMENT 3610.11 DD STEPHEN W. LOWRANCE UNDERSHERIFF WAGES 3885.71 23103 EVELYN V. ARCHULETA DEPUTY CLERK WAGES 2009.68 23104 SCOTT L. FETCHENHIER COMMISSIONERS WAGES 2029.91 23105 TOMMY WIPF VETS OFFICER WAGES 354.40 23106 WILLIAM A. TOOKEY ADMINISTRATOR WAGES 4545.99 23107 CITIZENS STATE BANK FEDERAL TAXES WITHHELD 22659.96 23108 CITIZENS STATE BANK STATE TAXES WITHHELD 3661.00 23109 GREAT-WEST LIFE & ANNUITY GROUP RETIREMENT 6637.00 23110 SANJUAN COUNTY AUG 21 HS A SAVINGS 1550.00 23111 ROCKY MOUNTAIN HEALTH MEDICAL INSURANCE 17742.04 23112 KANSAS CITY LIFE DENTAL & LIFE INSURANCE 1063.50 23113 AMWINS GROUP BENEFITS VISION INSURANCE 161.75 23114 AFLAC INDIVIDUAL INSURANCE 177.10 23115 GARFIELD CO CLERK 7 UOCAVA ENVELOPE SETS 8.96 23116 FORETHOUGHT.NET JULY-AUG BILLS 1521.81 23117 VISA BILLS 7915.16 23118 ERNEST F. KUHLMAN REIMB SUPPLEMENTAL 192.50 23119 STATE OF COLORADO DPA FY22 RENEW-TITLE-REG 40.33 23120 VERIZON SHERIFFS BILL 128.07 23121 MOUNTAIN AUTO CARE, INC SHERIFFS BILL 109.22 23122 AXXIS AUDIO CUSTODIAN SEPT 21-MAR 22 179.70 23123 DENNIS R. GOLBRICHT SERVICES RENDERED 2593.50 23124 SILVERTON AMBULANCE MONTHLY PAYMENT 7200.00 23125 SILVERTON AMBULANCE SALES TAX MONTH PAYMENT 38333.33 23126 SW HOUSING SOLUTIONS REIMB CDBG GRANT 11214.00 23127 AVALANCHE BREWING CO REIMB GIFT CERTICATES (4) 100.00 23128 SILVERTON HARDWARE SUPPLIES 85.90 23129 SILVERTON STANDARD LEGALS 108.28 23130 WEX BANK SHERIFF FUEL 1472.24 23131 STATION 550 NORTH SHERIFF FUEL 11.28 23132 SAN MIGUEL POWER BILLS 2734.95 23133 LA PLATA DETENTION AUGUST 21 JAIL BILL 585.00 23134 VISA COMMUNICATIONS BILL 19.95 TOTAL GENERAL 211864.49 ROAD 6656 GMCO MAG CHLORIDE REMAINDER 7900.00 DD DAVID L. ANDREWS ROAD FOREMAN WAGES 3594.48 DD LOUIS K. GIRODO ROAD OVERSEER WAGES 4413.32 DD MICHAEL C. MAXFIELD ROAD OPERATOR WAGES 3467.81 6657 CITIZENS STATE BANK FEDERAL TAXES WITHHELD 4231.06 6658 CITIZENS STATE BANK STATE TAXES WITHHELD 654.00 6659 GREAT-WEST LIFE & ANNUITY GROUP RETIREMENT 946.08 6660 CITIZENS STATE BANK HSA SAVINGS 200.00 6661 ROCKY MOUNTAIN HEALTH MEDICAL INSURANCE 2294.96 6662 KANSAS CITY LIFE DENTAL & LIFE INSURANCE 244.30 6663 ANWINS GROUP BENEFITS, INC VISION INSURANCE 38.03 6664 AFLAC INDMIDUAL INSURANCE 62.01 6665 SAN JUAN SERVICES (WRAP UP) FUEL 633.28 6666 VISA BILL 331.03 6667 LAWSON PRODUCTS SUPPLIES 97.46 6668 FOUR CORNERS WELDING KOX-MAC 45.00 6669 WHISTLESTOP FUEL 3327.29 6670 VOID 6671 WAGNER EQUIPMENT PARTS 3330.10 6672 SAN MIGUEL POWER BILLS 213.76 6673 WAGNER EQUIPMENT PARTS 307.52 6674 ALSCO BILL 69.00 TOTAL ROAD 36400.49 GENERAL 211864.49 ROAD 36400.49 TOTAL ALL FUNDS 248264.98 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 SANJUAN COUNTY BOARD OF COMMISSIONERS REGULAR MEETING WEDNESDAY, AUGUST 25, 2021 AT 6:30 P.M. Call to Order: The regular meeting was called to order at 6:30 P.M. by Chairman Scott Fetchenhier. Present were Commissioners Ernest Kuhlman and Austin Lashley, County Attorney Dennis Golbricht and Administrator William Tookey. The general public attended via Zoom. Commissioner Lashley moved to approve the minutes of August 11, 2021. Commissioner Kuhlman seconded the motion. The motion passed unanimous. Jon Kaminsky, Acting BLM Field Manager ofthe Gunnison Office was present to introduce himself to the Commissioners and to answer their questions. Items that were discussed included the proposed Minnie Gulch Motorized Single Track Trail, BLM designated camping, sheep permitting, Mineral Point water rights, status ofthe Town's RP&P, and a New Resource Management Plan. Emergency Manager Jim Donovan was present to provide the Commissioners with a Covid 19 update. Resolution 2021-06 for the adoption oft the San Juan County 2021 Community Development Action Plan was presented to the Commissioners. Heather Otter of Region 9 was present to explain the changes made to the CDAP. Commissioner Kuhlman moved to adopt Resolution 2021-06 as presented. Commissioner Lashley seconded the motion. The motion passed unanimous. Administrator Tookey presented the Commissioners with the 2020 Census Data for Silverton and San Juan County. Planning Director Lisa Adair was present to provide the Commissioners with her staff report. It was the consensus ofthe Commissioners to set up a field trip to Ouray County to investigate how they deal with dust control on their graveled roads. Having no further business, the meeting was adjourned at 8:42 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 7/31/2021 Date 8/23/2021 Transmittal No. 7 Vendor Date Num Amount Arapahoe County 07/31/2021 11575 $ 624.00 Lal Plata County 07/31/2021 11578 $ 3,923.23 San Juan Cty 07/31/2021 11576 $ 4,095.96 Sliverton Standard Paper 07/31/2021 11577 $ 99.00 TOTAL $ 8,742.19 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. Maka slu 9-3-20a) MARTHA. JOHNSON I, Scott Fetchenhier, Chairman of the San Juan County Board of Commissioners, hereby certify that the payments as set forth above have this date been approved and warrants in payment thereof issued upon the Social Services Fund. Scott Fetchenhier Post Office Box 376 Silverton, CO 81433-0376 (970)387-5631 San Juan county CDHS Allocation and Expenditures For State Fiscal Year 2021 July 2021 % of Fiscal % Year Program Allocation Expenditures Remaining Remaining Remaining APS Admin 2,315 230 2,085 90% 92% APS Client 2,000 2,000 100% 92% CDHS County Admin 81,954 1,440 80,513 98% 92% Child Care 8,088 145 7,943 98% 92% Child Welfare 100% 2,150 3 2,147 100% 92% Child Welfare 80/20 25,666 2,512 23,154 90% 92% Child Welfare PRTF 1,071 1,071 100% 92% Colorado Works 44,697 326 44,371 99% 92% CORE 100% 16,276 2,000 14,276 88% 92% CORE 80/20 8,724 8,724 100% 92% HCPF Enhanced 39,174 49 39,125 100% 92% HCPF Regular 21,279 829 20,449 96% 92% LEAP Outreach 337 615 (278) -82% 92% SEAP 374 374 100% 92% SNAP Incentive 97 97 0% 92% Grand Total 254,201 8,247 245,954 o0 MEMORANDUM September 8, 2021 TO: San Juan Board ofCounty Commissioners FR: William A. Tookey RE: Improvement Permit, Gary Bowman Sketch Plan Submittal-Cumberland Mill Site USMS #693B A Public Hearing for Mr. Bowman', S Sketch Plan Submittal is scheduled for 10:00 am on Wednesday September 8, 2021. Mr. Gary Bowman has submitted an 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. This application was previously submitted and ultimately denied by the Board of County Commissioners primarily because the applicant did not meet the Zoning and Land Use Code's definition for adequate access. Mr. Bowman is concurrently requesting a variance to Section 4-103(f) 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 needs to be reviewed as a new application. Additionally, there have been changes in the membership ofthe Planning Commission and Board of County Commissioners as well as change in the ownership of adjoining properties. The application fees have been paid. The adjacent landowners have been notified via US Mail oft the proposed Improvement Permit application. The list and map of adjacent property owners is attached. Mountain Zoning District requires a minimum parcel or lot area of5 acres with a setback of 20 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 ofthe 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. Prior to preliminary/final submittal applicant may need to provide additional information to determine the visual impact on the site including story boards. building clcvations, and computer-gencrated rendcrings of thc improvements placcd upon the site. Additional screening may 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. I believe this application is attempting to meet the intent ofthe 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. C. Will the proposed use have any adverse impact on public or private property in the vicinity oft 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 Ihave 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 ofa 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 wildifebear-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 of a 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. The applicant has submitted a variance request to the access requirement. f. The design and development oft 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 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 of those natural hazards covered by such provisions. This site was previously reviewe ed 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 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 of 2015. Some ofthe 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 prepared by Lisa Adair of Engineer Mountain, Inc. To prevent any appearance of a conflict ofi interest I will be thc Land Usc Administrator for this application. The Planning Commission reviewed this application during their regular meeting 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 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 ofindividual 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 a variance to section 4-103()() 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 of a perpetual agreement governing the use and maintenance of such 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 is requesting a variance from the Board of County Commissioners as allowed in 13-104: Variances Except as set, forth in Chapter 12, variances to this Code and its provisions may be granted only by vote ofthe Board of County Commissioners after completion ofo at least one full appearance step in the Review and Appeal Process covered in Chapter + ofthis Code. Upon the completion of the sketch plan review the Commissioners can then consider the variance request. A variance request should be of exceptional narrowness. shallowness, or shape of a specific piece of property at the time ofthe enactment oft this Code, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any zoning or land use regulation would result in peculiar and exceptional practical difficulties to, or undue hardship upon, the owner ofs such property; to authorize. upon appeal, a variance from such strict application SO as to relieve such difficulties or hardship. ifs such relief may be granted without substantially impairing the intent and purpose of this Code. The Cumberland Mill Site presents a somewhat unique situation in that there is access to the property via the train or hiking from Deer Park but neither access meets the requirement of Section 4-103(f)(ii) oft the Land Use Code that 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 ofa 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. It would not be feasible to construct an access to the property that would meet the Code requirement. Any attempt 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 ofthe Code. SAN JUAN COUNTY COLORADO 1557 GREENE STREET P.O. BOX 466 SILVERTON, COLORADO 81433 PHONE/FAX 970-387-5766 jumoumygfrenteraet July 30, 2021 To Whom It May Concern: This letter is to inform you that Gary Bowman has submitted an Improvement Permit Application to construct a single-family residence located on the Cumberland Mill Site USMS NO. 693B. The location is near the confluence of Deer Park Creek and the Animas River adjacent to the Durango and Silverton Narrow Gauge Railroad. San Juan County Zoning and Land Use Regulations require that property owners within 1500 feet be notified of the application. A copy of the application can be reviewed in the office ofthe County Clerk, located at 1557 Greene St. Silverton, Colorado or via San Juan County's web page at itps/sanjuancounty.colorado.gov. Copies of the application can also be reviewed upon request via the email listed above. This application will be reviewed by the Planning Commission during their meeling of August 17, 2021. Ifyou have any questions or comments, please contact me at your earliest convenience. Sincerely, William A. Tookey Land Use Administrator a & - - 27A - 81ZZN: opon A apenpuepaquno TOZZN Apiada IÉTZN e 5 1 8 San Juan Regional Planning Commission SAN JUAN COUNTY TOWN OF SILVERTON Silverton, Colorado 81433 P.O. Box 223 August 17, 2021 Board of County 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 of Deer Park Creek and Animas River, San Juan County At the regular meeting of the San Juan Regional Planning Commission on August 17, 2021, members ofthat Commission held a meeting to discuss the proposed County Improvement Permit Application. The application includes a sketch plan for a proposed Bowman Cabin, a single-family dwelling located on the Cumberland Mill Site No. 693B. Mr. Gary Bowman and his Attorney representing him, Mr. Nick Anesi are both present to answer questions. After considerable lengthy discussion, questions, and presentations from the original 2017 application and updates, the Planning Commission voted unanimously to recommend to the County Commissioners that you approve the proposed County Sketch Plan with the six proposed conditions of approval. The summary and conditions are included. The San Juan County Commissioners will hear from Mr. Bowman and Attorney Anesi at the first meeting in September regarding visual impacts to the site and access. Thank you for considering this recommendation. Sincerely, The Planning Commission Members and Ken Safranski, Chairman 9/7/2021 San Juan County Mail Cumberland Mill Site Gmail Willy Tookey <admin@sanjuancolorado.us> Cumberland Mill Site 1 message Terrence M. Kerwin kenwintim@ronuerne Tue, Sep 7, 2021 at 9:03 AM To: sanuancouny@ronternet Hi, would request that the county ensure there continues to be access to the Deer Park Creek trail (whatever it's called) when a dwelling is built. The trail is indicated on the 1955 topo map and actually goes farther than the map shows. have used the trail many times and feel iti is an access to the back-country. would also point out that the nearest road is 1800 feet vertical above the mill site and thus hopefully out of the question as an access road route. Hopefully, like Tall Timbers, they will arrange access via the train right of way with a contract with the railroad. The difficulty of access needs to be addressed as part of the permit process. Terry Kerwin tps/mal.gpoge.comma E 1K a de beaeb4 K te&vi e V N ptasearch 1 a li apemhid-lhread-P3A3A7/02558198198924ssmp-mapfa3A171025581986. 1/1 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 9 367 Guich 26 Guich Kendail Guee C 137 049 2u 0898 sman 1555) & 0956. E ?P Park 1275 e N0835 3 Applicant: Gary Bowman 910 North Leroux Street Flagstaff, Arizona 86001 Gary/Bowman@nau-du (928) 853-8180 Prepared By: Engineer Mountain, Inc. Job No. 2014-103 (970) 387-0500 Submitted: April 29, 2015 'SOILS RETAINING WALLS EMGMEER SEPTICS "FOUNDATIONS N *GRADING AND DRAINAGE MOUNITADIN, UNGO *SITE DEVELOPMENT April 29, 2015 San Juan County Alin: 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 Site, owned by Gary Bowman of Arizona. The property is located along the Durango & Silverton Narrow Gauge Railroad Right-of-Way, at the confluence of Deer Park Creek and the Animas River, The attached documents have bccn prepared as a Sketch Plan submittal for a San Juan County Improvement Permit Application. 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 approximate elevation of 9200 feet, and consist of a one-story residential cabin, a shed, and associated utility improvements. No drivcway is proposed. The access for this project will be via the Durango & Silverton Narrow Gauge Railroad regularly scheduled passenger trains. There is also "casual use" pedestrian access across BLM land, from Deer Park and thc Whitehead Trail. The access for this project was reviewed by the Planning Commission on December 10, 2014. Please contact Engineer Mountain, Inc. if you have any questions. Sincerely, * L Lisa M. Adair. PE Engineer Mountain, Inc, Allachments for Bob Nevins. with 14 Binders for Stat/Commissioners Receipt from County Treasurer For $350 Improvement Permil Application Fce Original Signed San Juan Coumly Application for Improvement Permil Form Adjacent Land Owner Envelopes Ce:Gms Bowmnan Pele Maisel Mlark! Mackies Bohlson ie IMPROVEMENT PERMIT APPLICATION Sketch Plan Submittal Proposed Bowman Cabin Cumberland Mill Site USMS No. 693B Adjacent to DSNGRR Right-of-Way Near Silverton, San Juan County, Colorado Engineer Mountain, Inc. TABLE OF CONTENTS 1. San Juan County Application for Improvement Permit 2. Warranty Deed 3. Adjacent Land Owner Map 4. List of Adjacent Land Owners 5. Survey Plat 6. Project Plans Sheet 1 of 5: Vicinity Map Sheet 2 of 5: Sketch Plan Sheet 3 of 5: Sketch Plan with Topography Sheet 4 of 5: Sketch Plan + County Avalanche Map Sheet 5 of 5: Sketch Plan + County Geohazards Map 7. Project Narrative 8. San Juan Basin Health Department Septic System Permit 9. Application for Surface Water Rights 10. Avalanche & Geohazards Reports 11. Access Information Report 12. Scenic Evaluation Report Front Cover Photo Credit: Scan of 1 SGS Topo Quad Map San luun Canty, Calorada Application for Improvement Permit Name GARY POWMAN APPROVAL CHECKLIST Initial Dare Address 9I0NORTH LEROVX SIREET land Ure Adminktrator FLAGSTAF6AZ 86001 42655- B120 Ownership of Surfece Name SAHE A5 APPLICAJT Ownership of Minerais Address Vicinity Map Phone Certified Survey Plat Name MASELE EGAVATION,LLO Monumentation Address Polox 206 Basic Plan Map @ BIWVERION, CO 81433 Phone; 769-9271 Plans and Drawings Legul Descriplion of Property: Rond System Relationship CMeERLAND/I SIE Zoning Compatibility USMS No. 6938 State Mining Permit Owner Notification Avalanche Hazard Geologlc Hazard Floodplain Hazerd Wildfire Hazard Township 41 N, Renge N.s Section 29622 Mineral Resource Impact Nature of Improvement Planned: Wildlife Impact ONE FRoposeP RESIDENTAL Historie Site Impact CADIN, ANp MS50CIA-TED Watershed Clearance Dnury SMPRoEMENTS County Dulding Inspoctur : Building Permit Stato Electries! Inspector land lse Zine MOUNEIH Electricnt Permit derfant Signpture Sun Joan Basin Hoalth UnJt 14y 34 Sewage Dispnsal: Test Design Date Applicatien Requested 'eniral Sewage Collectton Date Submird far D'ernat Siale Disfelon ni Water Resnurees Lue mt issues Waler Fit. Sre Mrme Denet - 1 01 State Documentary Fee Special Warranty Deed Date:) November 18, 2011 s 4.70 (Pursuant to 38-30-115 C.R.S.) TTIS DEED, made on November 18, 2011 by SALEM MINERALS INC. Grantor(s), of the County of CLEAR CREEK Srate of COLORADO for the consideration of ($47,000.00) Forty Seven Thousand and 00/100 - . dollars in hand paid, and sells ande conveys (o GARY EDWARD BOWMAN Grantee(s), whosestreet address is 910 N.I LEROUX STREET hereby AZ 86001, County of COCONINO, and State ol ARIZONA, the following real property in the County of San Juan, FLAGSTARE, and State of Colorado, to wit: CUMBERLAND MILESITE, U.S.M.S. NO. 693B, SITUATED INTHE ANIMAS MINING DISTRICT, COUNTY OF COLORADO, OF SAN. JUAN, STATE also known by street and number as: TBD SILVERTON CO 81433 with al is appurtenances and warrants the litle againsi all persons claiming under the Grantor(s), to 2011 and those specific Exceptions described by reference to recorded documents as reflected in the subject Title Documents generai taxes for the yeur Grantee(s) in accordance with Section 8.. 1 (Title Review) of the Contract to Buy andSell Real Estate relating t0 the above accepted by property; distribution utility easements, (including cable TV): those specifically describedi rights not shown described real records of which Grantee(s) has actual knowledge and which were ofthird parties by the public Shown by the Public Records) and Section 8.3 aecepted by Grantee(s) in accordunce with Section 8.2 (Matters not (Survey Review) ofthe Contract to andSell Real Estate to described: real propertys inclusion of the Property within any special tax district; and Buy other NONE relating the above SALI EM MINERALS INC. BY TODD 6 MENNIS, PRESIDENT State of COLORADO ) SS. County ol ACONROSE LE ( AEE K. The Toxeguagmsinimenr, was ackiowledged before me on this day of November 18, 2011 bv TODD C. HENNIS AS PRESIDENT OF SALEM MINERALS INC. Witness my hand and official seil. My commission expires acbaa S SSL 0L5 OGV80100 'AINAOD NVAP NVS EU2 GIASE 5 ES U8ONSG 01 INEDVrOV IS TW ONV1838WAS h aw a CE- VN dv oW V Ino4v7 or BENONG NIBVS NVWMOB a3sOdoud VE NAVAC dvw H3NMO GNVT IN3OVTOV t n nA lin a D a a - a 2 5 LIST OF ADJACENT LAND OWNERS Proposed Bowman Cabin Cumberland Mill Site USMS No. 693B San Juan County, Colorado As of 2/24/15 Engineer Mountain, Inc. Adjacent Land Owner Property Keefe Family Revocable Trust Alabama Lode USMS No. 717 C/o Michael & James Field 46 Cedar Hill Drive Asheville, NC 28803 James Farrington Cumberland Lode USMS No. 693 226A Aceves Road (1/1Oth Undivided Interest) Estancia, NM 87016 Catherine Farrington Cumberland Lode USMS No. 693 5301 Stream Stone Avenue NW (9/10th Undivided Interest) Albuquerque, NM 87114 Jennifer Pearson Egipsey Lode USMS No. 694 8947 Breinig Run Circle Breinigsville, PA 18031 David Galus King Mill Site USMS No. 15833B 30 Lee Street Durango, CO 81301 George & Caterina Marsh A Portion of the King Lode USMS No. 15833 242 Wapiti Drive Bayfield, CO 81122 Bill Simon A Portion of the King Lode USMS No. 15833 8185 County Road 203 Little Annie Lode USMS No. 15833 Durango, CO 81301 Prince Edward Lode USMS No. 15833 DSNGRR DSNGRR Private Land Right-of- Way Across 479 Main Avenue Federal Lands Administercd by the BLM Durango. CO 81301 Pne Inl BOUNDARY SURVEY Cumberland Millsite M.S. 693B Suspended Sections 29 & 32 T41N R7W N.M.P.M. San Juan County State of Colorado P North R.R. Right-of-Way Scale: I"-50' 1001 154 (R) () / SAN. 15534 X6 a LEGEND Basis of Bearing E X1 $5407'32"w, 1314.26' (M)/ o Sat /6 Robor & 2-1/2" Survey Cop LS 31160 $53'57'03'W. 1304.37" (R) Fnd. 22" Stump (R) / Set R/c in center (M) Recard Beoring and Distonce of Meoaund Bearing and Distance A stump. A X2 Robert Larson, Reglatered Surveyor in the State of Colorod do er e ygt thin of e ahest s AGA de - ot wiedg nty mode ler MA &e at soia 5 ma td N confer te lovs ards for property o und daries < a a Poten t tial building sites. obert 47 Nagon y Dote o 24 S Discovery * Cut and Shaft ANE Cumberland Lode I X3 M.S. 693A BASS BEARNG: No. 1 al the MHaita T a mbor à E t s EV the B is Cut to & be Shaft as detarmined by a GPS survey of said & monumanta. E 3 & $ Vicinity Map % n (not to scale) S € - Ea 8 Mheray 8 B Gree Siverton & & a . a 1 a 8 Durnl x5 X4 D Pek SPEURE BA00 Poe (R&N) Pay E Ten Thle for record in the. offioe of the Clerk Flogatofl, AZ 86011 and E E of Juan County, thie - day of 20 AD. at Recaption No. 6 - a RA oA MNERAL3 EAVFS R TAP. r-so 11032 SHRFT 1of 1 oiganasw (oL6) O0VNO700 'AINNOO NVA NVS 1 ANCW/AINGN auro F/pol wm ES-19 00 ONAPNET azs xce o SHONSO TIIW GNA IEV JoVA Apa 01 IN3OVPOV 315 GNVT838WNO aV/E 544T33W Dwwy NG LE NHINDON 833NDNS NISV3 NVWMOB @3SOdoud n A MNYIG STW CNINYI B. ) dyw ALINIOW SIOE FADT 30 E - - 3 E : 8 s - & : 3 - a AMF : RVANCAN 50 000-480 (0Z6) OGVH0700 "AINNOD NVAP NVS e/icne 1 - - Vi HONSO 01 IN3OVPOV ELIS TW ONVT 1838WAD EVa Gsw 50 SMvNO Aao" A Av - NUVES : a 83 NIBVO NVWWO8 03SOdOud STVN. DNVI3S. ST0S NVId HO13MS cIoZ we vnw O0V80100 "AINAOD NVAP NVS DSIKCTE/DSIL ICIRE MAVInG SHONSG 0L IN3OVPGV ELIS TIW ONV 1438WA5 lapsy V 6 SViLs o Pa/cor- A i NIBVO NVWWOB G35Odo8d VR1 AHdva9OdOI HIW NVId HO13MS oZ : Ann : : a - - 9609 O0V80700 AINNOD NVAr NVS MV/ANAY MVIVINOA lapnmu wn s un /coI HHONSG 01 IN3OVPOV 31IS TIW GNVI 7838W0D Ve e : NIBVO NVWMOB @3SOdOud dvw 3HONVTWAV AINNOO + NV ld HOL 3XS sioz ABRS 3irc - 00807 e - - - 9 - 3 L 1 % 4 L t70, Fw OQV0700 'AINNOS NVIP NVS Emp3/Imos NIAVINCA, H8ONSC 01 IN3OVPGV 3LIS WI GNV TH38WAS hap SV/Vz SAJM isV NIBVO NVWMOB 035Odoud R1 1 wnc dvw SQHVZVHO39 AINNOO + NVId HO13MS GUZ 'a AVaEs a a 6 1200 F - 5 00801 S : 020 - A / o 0 9600 RP 9200 9 E SEDGE AAP9 PROJECT NARRATIVE Cumberland Mill Site Engineer Mountain, Inc. Applicant/Owner: Gary Bowman of Arizona. Project Location: Cumberland Mill Site USMS No. 693B, Parcel No. 48290000010261, adjacent to Durango & Silverton Nartow Gauge Railroad Right-of-Way (DSNGRR ROW), at the Confluence of Deer Park Creek and the Animas River, San Juan County, Colorado, Township 41 North, Range 7 West, Sections 29 and 32, N.M.P.M. Proposed Development: A one-story residential cabin, shed, and septic system. Zoning: Mountain Zoning District. Water Service: The Applicant plans to draw water from the on-sitc Deer Park Creek, with the water to be to be placed and stored in a buried cistern. The proposed water cistern has a holding capacity of 500 gallons, to buricd uphill of the cabin for gravity flow. A draft Application for Surface Water Rights is included within this application for your revicw. Sewer Service: A septic system is proposed for the cabin. The septic system will be "engineered" by a Colorado Licensed Professional Engineer according to the San Juan Basin Health Department (SJBH) regulations. The septic system will be a standard septic system, depending on the subsurface conditions encountered within the proposed septic leachfield area. A SJBH septic permit 1S included within this submittal for your review. Power: The Applicant plans to utilize the following sources for power: passive and active solar, propane, and a gencrator kept within the shed for use during construction. The plans for the propane include small portable lanks, to be stored outside of thc cabin and away from any combustibles. A solar panel for low voltage LED lights is proposed. The Applicant plans to have the solar panel mounted on the shed roof. Ileating: Heating for the cabin is planned 10 include passive solar and one wood stove. Page I of 6 PROJECTNARRATIVE Cumberland Mill Site (Continued) Engineer Mountain, Inc. Lighting: For safety, a minimal amount of exterior lighting may be installed at the cabin. The Applicant may install automatic on/off motion detection solar exlerior light(s). Exterior lighting will be in conformance with the requirements of San Juan County. Interior lighting is planned to include low voltage LED lights using solar power. Solid Waste Management: The Applicant will be responsible for trash disposal. According to County regulations, property owners are responsible for solid waste transportation and solid waste disposal fees. On-site trash will need to bc contained within a structure at all times until removal to the Transfer Station. Phone Service: Cell phoncs work at the project site. No phone "land line"is proposed. Landscaping: Landscaping is to be minimal. 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. Revegetation and screening will be provided by the Applicant in accordance with the requirements of San Juan County. Access: No driveway is proposed for this project. The site will be accessed via the regularly scheduled passenger trains, operated by the Durango & Silverton Narrow Gauge Railroad. The railroad right- of-way borders the site on the west. There is also "casual use" pedestrian access across BLM land to this site from Deer Park and the Whitehead Trail. The Planning Commission reviewed the proposed access for this project in December 2014. The Planning Commission instructed the Applicant in December to proceed with working out all the access details further in writing with the train personnel. We have included a report titled " Access Information" within this submittal. to provide the County with additional inlormation about the train access and BLM access. Page 2 of 6 PROJECT NARRATIVE Cumberland Mill Site (Continued) Engineer Mountain, Inc. Foundation: Depending on the bearing conditions encountered during excavation, thc foundation for the proposed cabin will most likely consist of a concrete pier system. No basement is proposed. 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 survey plat is included within this application for your review. Subsurface Conditions: Subsurlace condilions in the area generally consist of topsoil 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 geologic formations at the site consist of Qal and Qtg. Qal represents Quaternary Alluvium. Qtg represents Quaterary Talus, Glacial deposits, and rock glaciers. Building Envelopes: Therc are two building envelopes shown on the attached plans and described within this application. Only one cabin within one building envelopc is proposed; the other building envelope will be eliminated by the Applicant and County during the Sketch Plan review process. Both of the building envelopes have been evaluated for avalanche and geohazards potential. Both have found to be buildable, and either relatively safe or the hazards are low and able to be mitigated. Knoll Building Envelope: The northern building envelope is located on a flat-topped rocky knoll, at the north end of the property. The knoll is treed, and has excellent screening to prevent visibility from the nearby train right- of-way. The knoll was selected by the avalanche/geohazards expert as the safest cabin location on thc property, with little hazard, and requiring little or no mitigation. The knoll is located north of and above Deer Park Creek. The sides of the flat-loppcd knoll are rocky and sloped, and therefore heavy equipment access could be somewhat difficult getting up onto the knoll. Page 3 of 6 PROJECT NARRATIVE Cumberland Mill Site (Continued) Engineer Mountain, Inc. Flat Building Envelope: The second building envelopc is located in a flat mcadow area south of Deer Park Creek. This flat building envelope was poinled out by the Planning Director as an option to consider during the site visit, and is the building envelope now preferred by the Applicant. The flat building envelope would be easier to build on for logistics. The building envelope was cvaluated by the avalanche/gcohazards expert as buildable, with some minimal mitigation required. The building envelope limits were selected due to nearby potential rockfall, debris flow, and avalanche areas. Some of the suggested mitigation consists of pointing a back comer of the structure uphill (rather than having a solid lat wall facing uphill), constructing a low concrete wall at that back comer, and constructing a V-shaped ditch uphill of the structure. Due to limited existing screening, a cabin at the flat building envelope would be visible to an east-facing train tourist for about IO seconds as the DSNGRR train travels by the site - unless a row of trees is planted, for screening, 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 sheet is included within this submittal for your review. The project site is within the Animas River canyon area, which is generally all located in an area with variable avalanche potential. Therefore the Applicant retained an avalanche consultant Professional Engineer to further evaluate the project site (Chris Wilbur PE of Durango, who works with the well-known avalanche engineer Art Mcars PE). Two valanche/geohazards reports have been prepared, and are included for your review. The reports describe thrce on-site areas found to be relatively safe from avalanche potential on the property, and/or buildable with minimal avalanche mitigation. Two of the buildable on-site areas represent the two building envelopes presented in this application. One of the two building cnvelopcs is relatively avalanche free, and the otheris relatively low hazard and able to be mitigated. Whichever of the two building envelopes is sclected, the avalanche expert will be consulted prior to construction. to check mitigation measures. Page 4ol 6 PROJECT NARRATIVE Cumberland Mill Site (Continued) Engineer Mountain, Inc. Geohazards: The Sketch Plan for this project has been overlaid onto the generalized County Geohazards 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 (rf) and/or debris flow (df) geohazards. There are two valanche/geohazards reports attachcd, which address the geohazards potential at the two proposed building envelopes. The reports were preparcd by Chris Wilbur PE of Durango, who works with the well-known avalanche engincer Art Mears PE. The northern building envelope is located on a knoll, formed by an ancient debris flow, and, according to the evaluation, is rclatively safe from geohazards, requiring no mitigation. The souther building envelope is located in a Clat meadow area. Its limits were determincd in the field by the Applicant, Engineer Mountain Inc., and the cohazard/avalanche expert. The flat building envelopc was selected to be in the meadow area suggested by the Planning Director for consideration, with its limits defined by the least hazard from potential nearby avalanche, rockfall, and debris flow zones. The flat building envelope could supposedly be located in a run out type zone of a potential debris flow area. For example, in the unlikely event that a debris flow (mud, rocks, etc.) werc to travel down the Deer Park Creek drainage gulch, jump the creck bank, and turn left lowards this building envelope, some shallow mud and cobbles could flow towards the cabin. For mitigation, the cabin can have a back comer facing uphill, instead of a back wall. A low concrete wall at that cabin back uphill corner could also be used as mitigation (similar to an avalanche splitter shape/function). A V-shaped ditch uphill of thc cabin was also suggested as a mitigalion effort. in order to channel any mud to go around the cabin instead of into/under the cabin. Please refer to the two valanche/geohazards reports. Whichever of thc two building cnvelopcs is selected, the avalanche/geohazards expert will be consulted prior to construction, to check mitigation measures. Klevation at Structure: Approximately 9.180 feet - which is below 11.000 feet clevation. where additional County requrcments apply. Page 5of 6 PROJECT NARRATIVE Cumberland Mill Site (Continued) Engineer Mountain, Inc. Cabin Size: The current proposed cabin sizc is one story, with a possible attic loft, with a cabin footprint of up to 24 feet by 24 feet (576 square feet). The small partial loft level is bcing designed as large enough to contain a bed, but small enough that it will not require significantly raising the roofistructure 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 the porch will depend somewhat on which building envelope is selected. Cabin Height: The proposed roof pitch is 6:12. The cabin height is estimated to be approximately 18 feet above the finish floor elevation. There will be about thrcc fcet between the 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 "limber frame" building, with features of a historic mining structure. Building Materials: Photos of the proposed building materials are included within this submittal for your review, and the materials consist of the following: structural framing consisting of wood timbers and/or structural steel (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 of up to 8 feet by 12 fcct, with the shed building style to match the proposed cabin. Building Plans: Draft building plans for the proposed cabin have been prepared by the Applicant, and are included in this submittal for your review. The plans have been drawn with the preferred, flat building envelope in mind, and could be revised slighlly (such as thc deck and porch areas) if the knoll building envelope is selected instead. Page 6 of 6 SAN UAN BASIN Permit #. Year ALCH D E PA R T M E N T APPLICATION ONSTALL.CONSTAUCIE AL TER or REPAIR INDIVIDUAL. SEWAGE. SYSTEM Owners Phone: Mailing Address: Site Address: Assesor's Parcel #. 00u 3/0 Subdivision:) ors Unit Block, Lot Lot Size: Living Units: Bedrooms: Water Supply: Date: 412745 Owner's 's Signatur e: lacknowledge this application does not guarantee a perit toi installan ISDS on a marginal lot and that thes issuance of this permit does not imply, any warranty by this department to the operation of the system This system will be constructed. in accordance with the San Juan Basin Health Department individual sewage disposal system regulations. Permit Fee:$ Perc Test Fee:$. Rec'd By: Date: PERMIT to INSTALL, CONSTRUCT,ALTER or REPAIR INDIVIDUAL SEWAGE SYSTEM Percolation Rate: Min/ Inch Limiting Zone: Feet: Soil Profile: Slope % : Requires Eng. Design: From the application information & the site evaluation, the following minimum installation specifications are required: Septic Tank: Equivalent Sizing: 60% 75% 100% Final Disposal: Ft2 Lines: Length: Width: Depth:, Gravel-less chambers: Number of Units: Number of Rows: Lagoon Bottom Size: Depth: Slopes: Lining: COMMENTS: District Court, Water Division 7 Colorado Court Address: CONCERNING THE APPLICATION FOR WATER RIGHTS OF Applicant: Gary Bowman In the Animas River or its Tributaries COURT USE ONLY In San Juan COUNTY Attorney or Party Without Attorney (Name and Address): Gary Bowman; 910 North Leroux Street; Flagstaff, AZ 86001 Phone Number: (928) 853-8180 E-mail: Gary/Bowmanenauedu Case Number: FAX Number: N/A Atty. Reg. #: N/A Division: 7 Courtroom: 1 APPLICATION FOR D CONDITIONAL a ABSOLUTE WATER RIGHTS (SURFACE) Iti is the applicant's responsibility to provide the location for each structure in this application, For structures that are already decreed, use the location from the most recent decree that adjudicated the location. UTM coordinates (for example from a GPS device) or measured distances in the field from known section lines are acceptable. The Division Engineer, the Water Referee, or the Water Judge may order the applicant to confirm the location of any structure with UTM coordinates, a survey, or other method. 1. Name, mailing address, email address and telephone number of applicant(s) (if there are multiple applicants, and the space provided is not adequate to list all of the applicants, the names, addresses, telephone numbers and available email addresses must be provided as an attachment): Name of Mailing Address Email address Telephone Applicant Number Gary Bowman 910 North Loroux Strcct; Flagstaff, AZ 86001 Gary.Bowman @nau.edu (928) 853-8180 2. Name of structure: Bowman Diversion ditch spring Jother pump and pipe in creek 3. Legal description of each point of diversion: Location information in UTM format (Preferred): UTM Zone must be 12 or 13; Units must be Meters; Datum must be NAD83; and Units must be set to true North. Include the source of the UTM coordinates, for example: GPS device; GIS System such as DWR AquaMap or CDSS MapViewer; scaled from USGS topographic map; or other source. In areas having generally recognized street addresses, also include street address, and if applicable, the lot, block, and subdivision. Attach a legible 8 % X 11 inch map to this application illustrating location of the structure. UTM coordinales Northing Easting Zone 12 IZone 13 Shee: Accress Subdivission Source of UTMs (for example, hand-held Garmin GPS): Accuracy of location displayed on GPS device (for example, accurate to within 200 feet): Legal Description Using the Public Land Survey System (PLSS) (Optional; Please include both UTM and PLSS descriptions if known): Include perpendicular distances from section lines, and indicate Y4 Y4, section number, township, range, meridian and county; mark the location of the structure on a USGS topographic map and attach to this application a legible 8 %2 X 11 inch copy of the applicable portion of the map. In areas where section lines have not been established, a bearing and distance to an established government monument is acceptable. Include the source of PLSS information, for example: GIS system such as DWR AquaMap or CDSS MapViewer; field survey; scaled from USGS topographic map; or other source. In areas having generally recognized street addresses, also include street address, and if applicable, the lot, block, and subdivision. Legal Description: Section Township Range Principal 1/4 1/4 County of the of 29 or 32 41 7 Meridian San Juan N or S E or W NMPM Distance from section lines (not from property lines) Feet from IN Is and Feet from E W Source of PLSS information: Scaled from USGS Topo Quad, Site Survey, & County Assessor Maps Street Address: Cumberland Mill Site USMS No. 693B, adjacent to DSNGRR ROW, south of Silverton, San Juan County, CO. Subdivision: N/A Lot N/A Block N/A 4. Source: (for example, unnamed tributary to North Clear Creek, tributary to Clear Creek, tributary to the South Platte River) Deer Park Creek, tributaryt to the Animas River 5. A. Date of appropriation: (date in summer. 2015) B. How appropriation was initiated: use of water during. cabin construction: C. Date water applied to beneficial use: (date in summer. 2015) 6. Amount claimed in cubic feet per second (cfs) or gallons per minute (gpm) (1 cfs = 448.8 gpm). Conditional (0 cfs D gpm) Absolute 15 (0 cfs D gpm) If claiming 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. List All Uses or Proposed Uses: inl A; Jangation. completes the following. Number of acres historically mgatel AA proposed tobe inigales NA Soss ilin Apphgant Ieset Tui BSEN ths WETET mptIe sauppigprent ABMIRIDOR pR pus pSA t NCL ASNNE mriled under avittal Nhites ihr 224981 Jinee pogaloestation t mgrekasiange Mars Mlieilesatino at Ihn ininalin nogusonRE US6S sopogepihe PANAPTIReIe PHIsappialone Mlbls 1% Tes Pocke anplin mlr prchsn 0 MhnIpe - - sa N/A, no irrigation proposed B. If non-irrigation, describe purpose fully. Mark location of use on a USGS topographic map and attach to this application a legible 8 V2 x 11 inch copy of the applicable portion of the map. Domestic use for one residential cabin 8. Name(s) and address(es) of owner(s) 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 will be stored, including any modification to the existing storage pool. The applicant must notify these persons that the applicant is 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 4 of this form. Name of Owner Mailing Address Owner/Applicant Gary Bowman N/A 9. Remarks or any other pertinent information: Signature of Applicant(s) (if sell-represented) or Attorney Date PRELIMINARY AVALANCHE HAZARD ANALYSIS AND AVALANCHE MAPPING for BOWMAN PROPERTY CUMBERLAND MILL SITE SAN JUAN COUNTY, COLORADO August 9, 2013 Prepared for: Gary Bowman P.O. Box 6010 Flagstaff, AZ 86011 Prepared by: Wilbur Engineering, Inc. 150 East gth St. Suite 201 Durango, Colorado 81301 (970) 247-1488 WILBUR ENGINEERING, INC. Engineering with Soil, Rock & Water 150 East 9: St, Suite 201 Durango CO 81301 E-mail: chis@mprandwburcom (970) 247-1488 August 9, 2013 Gary Bowman, Ph.D, P.O. Box 6010 Flagstaff, AZ 86011 RE: Avalanche Study Cumberland Mill Site, San Juan County, Colorado Dear Dr. Bowman: Please find attached our report on avalanche hazards at your property. If you have any questions or require additional information, please contact me at your convenience. Sincerely, Wilbur Engineering, Inc. D Ril Chris Wilbur, P.E. Introduction This report presents the results of a study to evaluate the degree of avalanche hazard at the Cumberland Mill Site in San Juan County, Colorado (Figure 1). The site lies about 2 miles south of Silverton, Colorado within the upper section of the Animas River Canyon. Deer Park Creek flows through the site and has formed an alluvial fan that extends over most of the site. Previous avalanche mapping has designated the entire site as an avalanche hazard area without subdividing the hazard by frequency or intensity of the hazard (Ref. 5). This report presents a summary of avalanche history, previous studies, and site specific mapping and analyses of avalanche hazard. % N a E - a X edo 8 e * f SITE 10600 LOCATION C 696254 Contour Interv val 40 VInE Figure 1 -Site Location on USGS 1:24,000 Topographic Map Avalanche History A limited historic record exists at the site largely due to impacts on the railroad which operated during the winters from 1882 through the 1950s(?) Figure 2 shows the location of the Watertank Slide" apparently named because it destroyed a water tank on an unknown date. We observed steel bands from the tank during our site visit (Figure 3). Also shown in Figure 2 is a linear concrete foundation located about 40 leel west of the tank sleel bands The alignmenl ol the loundalion and steel in idicales that a Cimberlandi Mill St Wilbul Ergineerings Ine: Avpanchellarada assessmen Augusts, 2012 smaller avalanche path south of the main Watertank slide may have caused the damage. The 1976 INSTAAR publication, Century of Struggle against Snow: a History of Avalanche Hazard in San Juan County, Colorado (Ref. 4) lists two avalanche events at the Watertank Slide. 1. Unnamed date in 1927, the Watertank snowslide "buried station depot agent while shoveling snow off tracks.' 2. March 1927/28 winter, listed one buried person and no deaths at the Watertank Slide. The historic reports and evidence conclusively show the potential for avalanches originating west of the Animas River to reach and extend beyond the railroad tracks. INNEL NG MINE TANK: SUIRE CLEVELAND SNOWSLIDE Figure 2 - Water Tank Avalanche Path (Ref. 4) Figure 3 -Steel Bands and Concrete at Location "Tank" in Figure 5 Debe-lancih Sl SEmpnmog feseni a wachellsantas BT Basiygrt Analyses Methods We applied a combination of methods in this study, including field observations, review of previous studies, historical research, topographic analysis, aerial photo interpretation and avalanche dynamics modeling with the Swiss program Aval-1D, version 1.4. We also took into account climatic factors, elevation, aspect and vegetation conditions. Aerial photos and Google Earth imagery from the following dates were studied: 1998, 2003, 2005, 2006 and 2011. Topography from the USGS 7.5 minute quadrangle for Silverton was used in addition to site observations. We mapped areas of "high" avalanche hazard (red line) and moderate avalanche hazard (blue line). These are defined below: 1. High hazard = area where avalanches can be destructive and/or frequent; these are "red" hazard areas within San Juan County, areas where avalanches have return periods of 30 years of less and/or can produce impact pressures of 600 Ibs/ft2 or more on flat surfaces normal to the flow. 2. Moderate hazard - area where avalanches are not as frequent and are less destructive than in the high-hazard zone; these are "blue" hazard areas within the County where avalanches have return periods of 30 to 100 years and produce impact pressures of less than 600 Ibs/ft2. Residential construction is permitted in the blue zone provided it is protected from the design-magnitude, or 100-year return period avalanche. Findings The avalanche hazards from avalanche paths starting on the east and west sides of the canyon are shown separately for clarity in Figure 4 (a) and Figure 4(b). The east and west avalanche paths are shown together in Figure 5 with an aerial image background. The Watertank Slide" was modeled using Aval-1D, a Swiss avalanche dynamics model. Default friction parameters were used for release slab thicknesses of 1.0 meters and 1.2 meters, corresponding to release volumes of about 12,000 m3 and 14,000 m3, respectively. The resulting runout distances and impact pressures were considered in developing the maps in Figures 4 and 5. The west avalanches can produce powder avalanches during/after impact with the river and the abrupt slope change. Because of this and the possibility of strong winds blowing up the Animas canyon during southern storms, powder-avalanche debris can be pushed to the north somewhat as avalanches fall and impact the river. Therefore. the northern site could be exposed to light overpressures that should be considered during design. Cumbelans Mill Siter Wiibur Engineonng Inc AwelanchHazan nssessens Augusig 2013 7 N Sa (a) East Paths (b) West Paths Figure 4 - Preliminary Red and Blue Avalanche Zones 17) 115265489 37 Figure 5 = East and West Avalanche Paths on Google Earth Aerial Image (Hazard zone boundaries are approximale; 'tank" is location of steel bands; "site" is location on elevated bench with lowest avalanche risk for the property) Conclusions We conclude that residential development of the sile could be mitigated for the design magnitude avalanche using sile specific analyses and designs The site identified Fuure 5 lies in an area eithel outside of the hlue valanche hazal d zone or near the Omherlanaf Mill Sile: Mhlbur Engmcong TE Aonlangs dasss 5,-1 cl Bunsls DEN end of the "blue" zone where avalanche frequency and magnitude are low enough that they can be mitigated by site-specific designs. Such analyses and designs are beyond the scope of this study. Final designs would require additional mapping and more detailed topographic data in the runout zone. Limitations This report is subject to the following limitations: 1. Avalanches larger than the design 100-year return period events are possible, will travel farther, and possess greater impact and static pressures. 2. The study is site and time specific; thus it applies only to the planned site improvements at the time of this report. 3. We have assumed existing forest, terrain and climatic conditions. Changes to these conditions could increase or decrease the avalanche hazard. 4. The recommendations in this report are based on the standard of care for avalanche hazard evaluation at this time and locality. No other warranties, expressed or implied, are made. 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 in 1976 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 NSTAAR 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. Sincerely, Wilbur Engineering, Inc. Ril Chris Wilbur, PE E Cumbeilanal Mill Sile Wilbur Ergineering, Inc dlwalaswe August 9 2013 Appendix Modeling Results Haxiniol piessure of simulotion S € - à 2950 € - 2900 I 2850 - 2800 - 200 400 600 40 E 120 100 so 50 a 0 e 28 0 200 400 G00 Prajected track lenglh (m) P9 Maximal llchicighl of simulation I 1 - E 2450 K 200 we 0 20 2h0 cp Frajecled track lengle (m) E3 mberaneMSe mtrbsn VMSL ewA Mnmin Moximal velority of simulation 5050 p E 5000 I 2950 8 I 2800 e : 0 2850 & SRe 2a00 - 0 0 200 400 600 140 E 120 5 00 - pot 6 2 4o 28 -200 200 400 600 Projected trock lengih (m) MAL- D Wibur Engineer ne 5A2013 CumberlandMite Sile Witour Engineenng Inc Awakanchehazardassessruet Augusto 2015 Snav height ut eolecled painla af Tostid Point ot height ofi 2788.92 m Max - 2.2 Point ot height of: 2791.97 m Max 3 I E 20 40 3 Tme () Flew vekcnys at sslected potnte of TSt.NI Max 8.8 Max = 00 3 I E 20 40 Tine () Presaure ol zelected polnta of Test.I Max 23.5 Max 0S i0o 3 n I Da AVAL-10 1.4.1 TMe () Wilbur Enaineerina Inc / 5.3.2013 nbartandihhlt Siter Wilbur ngisurmg Ine Aslatnhe HAesSA - Rugnse ans WILBUR ENGINEERING, INC. Engineering with Soil, Rock & Water 150 East 9. St, Suite 201 . Durango CO 81301 E-mail: chis@mearanwibur.com (970) 247-1488 October 27, 2014 Gary Bowman, Ph.D. P.O. Box 6010 Flagstaff, AZ 86011 RE: Preliminary Geologic Hazard Assessment for Alternative Site Cumberland Mill Site, San Juan County, Colorado Dear Dr. Bowman: We previously completed a Preliminary Avalanche Hazard Analysis and Avalanche Mapping Report, dated August 9, 2013 that identified approximate areas of land that lie outside of the Moderate (Blue) Avalanche Hazard Zone. The report identified a building site on a sloping bench north of Deer Park Creek that avoided avalanche hazards (Site 1 on Figure 1). Although our previous study was limited to avalanche hazards, this site also avoids rockfall and debris flow hazards. Due to access, water supply and on-site wastewater system considerations, an alternate building site (Site 2 on Figure 1) is being considered. We made a field visit on October 25, 2014, to assess this alternate site for avalanche, rockfall and debris flow hazards. The level of study is cursory and should not be used to design mitigation measures for any geologic hazards. The descriptions of geologic hazards should be considered along with other site constraints to select a building site. 1. Avalanches - Site 2 is at the approximate edge Moderate (Blue) Avalanche Hazard Zone. Mitigation will be required. Design parameters will depend on the final location, orientation and geometry of the structure. 2. Rockfall - Site 2 may be subject to rockfall hazards. Existing 3 to 4-foot angular boulders that appear to be a result of rockfall have stopped about 40 feet from the base of the slope near Site 2. The site has more favorable terrain protection than the location of the two boulders. Therefore a slope setback of 40 to 50 feet should provide adequate rockfall avoidance. 3. Debris Flows Site 2 is subject to potentially destructive debris flows from Deer Park Creek. Field evidence indicates that this is an active debris fan and the main channel has migrated in historic times. Site 2 is low on the fan and south of the current channel and most recent channel migrations. However, the entire fan is subject to debris flows, SO mitigation for debris flows will be necessary. In summary, Site 2 is subject to significantly higher hazards from avalanche, rockfall and debris flows than Site 1. The frequency and intensity of these hazards is low enough that they could be mitigated through site-specific designs. Design parameters are beyond the scope of this letter. However it should be noted that conventional wood- frame construction is not likely to be feasible at Site 2. Site 1 is not likely to require significant mitigation measures for geologic hazards. We hope this letter helps you in selecting an appropriate building site. Please contact me if you have any questions. Sincerely, Wilbur Engineering, Inc. RHh Chris Wilbur a # 6 - e E - 9 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 the 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 leading to the site. Adjacent to the site is the Right of Way (ROW) of the Durango & Silverton Narrow Gauge Railroad (DSNGRR). The other three sides of the site are bordered by Public Lands administered by the Burcau of Land Management (BLM). The typical access for a proposed cabin on a mining claim in San Juan County is via existing County Roads and a proposed on-site driveway. There are no County Roads leading directly to this sitc, and thcre is no driveway proposed for this project. There are currently two legal methods of access for this site/project. The first is via the regularly-scheduled passenger tourist trains operated by DSNGRR. The railroad owner (Al Harper) and his staff have agreed in writing that the project site Owner/Applicant Gary Bowman will be provided with access via the trains for this sitc/project. This concept access via the tourist trains was reviewed 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 equipment, building materials, and construction personnel (for a fee, and prearranged through thc "Spccial Handling Department" using the "Work Extra" trains). Please review the email from train Vice-President Evan Buchanan, which follows this pagc, and summarizes the train access arrangements. ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. From: Evan Buchanan maltorebuchananedurangotralin.com) Sent: Friday, October 10, 2014 1:40 PM To: Gary E Bowman Cc: Paul Schranck Subject: Deer Creek Access Gary Bow man, hresponse lo your Inquiry concerning rail access toy property located south of Siiverton, Colorado, Iw ould suggest the followi ing options. A Season Pass is available for salo through our Ticket office that W ould allow multiple trips by rail (on scheduled passenger trains) for a reasonable cost per individual traveler. A new flag stop location at this location w ould not be necessary. The occasional: stop here could be organized through "Special Handling" procedures follow ed through the Ticket Office and the Train Operating Departmen! The transport of equipment and materials is aso possible through the Railroad. "Work Extra" trains can be assembled and operated tor move materials, heavy equipment and personnel, The Raiiroad generally has Dlesel Pow er and equipment "Flat Cars") available for this kind of w ork. Pricing structures can vary as to material transported, amount of material and dislance traveled. We canreview these detaiis during future conversation: should you decide to pursue this formol transport, & Evan Buchanan - Vice Preslen/Sepertintendem ofOperations NARALGE AUCE Direct (970)385-8828 RAILROAD MUSEUR Cell (970) 946-7599 Main (970) 259-0274 Fax (970) 259-3570 Please see the Tollowing pages for additional normation aboul the access for this project ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. The Planning Commission reviewed the access options for this project in December 2014. They directed the Applicant/Owner Gary Bowman to proceed with working out the access details with train staff. The Applicant then approachcd the train staff with an Access Agreement document prepared by Engineer Mountain, Inc. The access agreement document reiterated and expanded upon the arrangements describcd in the email on the preceding page of this report. (The access agreement document is available for your review upon request from Engineer Mountain, Inc. at 387-0500.) The train staff werc hesitant to sign anything because they never had to do sO before. They have worked on several similar projects in La Plata County, where cabins in La Plata County are accessed using the train. Those projects did not require any signed access agreement documents. The train staff were hesitant to sign anything because they thought thal it should not be required by the County. Discussions ensued between train staff (Vice President Evan Buchanan), the Applicant/Owner, Engineer Mountain Inc., County Planning Director Bob Nevins, and railroad altorney Frank Anesi. Frank Anesi suggested a DSNGRR "license" would be the train' S typical document to handle this arrangement. However the train staff was still hesitant to sign anything, because they thought it unnecessary - and may have feared that if someday fari in the future DSNGRR stops running the tourist trains, that Gary Bowman' S access agreement would be violated by the train. The 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 could be granted by the train. Therefore this spring Gary Bowman contacted Al Harper again, to let him know that discussions with the train staff had stalled out, and the staff was hesitant to sign anything because they thought it should be unnecessary. The following (bclow and next page) is the email exchange between the project site Owner/Applicant (Gary Bowman) and the DSNGRR train owner (Al Harper). ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. Quoting Gary E Bowman <Gary. Bowman@nau edu> : Lisa, See below from Al Harper. GB ESSENTIAL QUANTUM MECHANICS Gary E. Bowman, Oxford University Press (2008) http://www. p.coucstaleere/el-70I92898 Gary E. Bowman Associate Professor of Physics Northern Arizona University Department of Physics and Astronomy P.O. Box 6010 Flagstaff, AZ 86017 USA Phone: 928-523-1114 Fax: 928- 523 1371 gmy.bomanénau.ed From: Al Harper alharpersauramgperain. .com] Sent: Saturday, April 11, 2015 9:39 AM To: Gary E Bowman Subject: RE: DSNG Access Issue Hi 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 easement cO access my property via DSNG. My easement request was ultimately denied, however DSNG said it could (for a fee) provide passenger access and transport of construction materials and equipment to the site. Personally, I am quite satisfied with this arrangement. But at a meeting in Silverton last December, the County Planning Commission made clear that they would like a signed agreement bet ween DSNG and myself. Let me emphasize that the County is not* asking for an easement, buE more of a formalization of the access arrangements already offered by DSNG. Email Trom Gary Bowman IOAI Harper is continucd on next page) ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. (Email from Gary Bowman to Al Harper, continued from previous page) I've spoken with Evan Buchanan at DSNG, but he is reluctant to sign such an agreement because he feels it is unnecessary. I understand Mre Buchanan's point. Unfortunately, I have no control over the Planning Commission, and I'm afraid if I submit my project to them without 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 a perhaps simpler and better alternative to a formal access agreement. There has, in fact, already been quite a bit of dsomwyercepandas about this issue amongst myself, Lisa Adair, Frank Anesi, Pete Maisel, and Evan Buchanan (who, by the way, is always a pleasure to talk to)- But I thought it best not 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 I can't give the county an "ideal" agreement, perhaps we could together come up with something that everyone would be happy with, so my project can finally move forward. Please feel free to contact me by email or cell (928-853-8180). Weekdays later in the atternoon are usually good for me; mornings are not. Thanks in advance for your consideration. Best Regards, Gary ESSENTIAL QUANTUM MECHANICS Gary E, Bowman, Oxford Universicy Pross (2008) http://ww.oup, talae. 99228928 Gary E. Bowman Associate Professor of Physics Northern Arizona University Department of Physics and Astronomy P.Os Box 6010 Plagstaff, AZ 86011 USA Phone: 928-523-1114 Fax: 928 523-1371 gary bowman@nau. eduemailtorgary, bowmanênau. ech Please sec the Tollowing pages for additional information about the access for this projecu ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. The status of the arrangements between the project site owner (Gary Bowman) and the train owner (AI Harper) and his staff is that we are awaiting further contact from the train staff. This week the Owner/Applicant Gary Bowman has prepared a new, simplified access document to send to Al Harper for review. The train owner and staff currently have no problem with the arrangements described above (see email from Evan Buchanan on page 2) and have no problem with Gary Bowman riding the train to and from the project site. It appears that the staff, SO far, just have had a problem with the County's requirement of additional paperwork. It 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 attomey Frank Anesi) will suffice for the purposes of the site Owner, the train staff, and the County. If allowed by thc 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 been approved by San Juan County for other recent similar projects. The 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 site across BLM land was walked last year by thc Applicant/Owner. The route is from/to Deer Park, using the BLM public lands around the Whitehead Trail. The route is cntirely located on public lands - the Owner/Applicant does not need to trespass across any private 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 route IS public land. There is a BLM map included on page 2 within the Scenic Report, at the cnd of this submittal binder which can bc cross- referenced and shows that the route is located entirely on public land, 6 ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. - eF 3 usTyr n2 % & 3 Fgltonbe Min ahe Reuind batilu Giarii Mountain o PAR Kandonl Men unain - 001 Kendail ak - hun D44 40 068 8 140 3385 e 16 4 13434 Approx & Tia Mount Roule 1625 Rhoca uis Weminuche Wiiderness so Witchood eak Me Trahgitally handenfied inl Wdulani, Huuliar Coity Culoralel ly LATITUDE 40 In 20u0 Mhauna i ISAN a79H66 II The photo above is a picture of a trail map, showing the approximate pedestrian access trail route across BLM public lands, between the Whitehead Trail in Deer Park and the project site. The BLM and County typically call this lype of legal access "BLM casual use." Similar recen! projects have been approved by San Juan County with "BLM casual use" pedestriam access. ACCESS INFORMATION REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. In summary there are currently two legal methods of access for this project: (1) Access by Train Access to this project site can be via the regularly-scheduled passenger trains operated by the Durango & Silverton Narrow Gauge 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 be pedestrian use across BLM land from/to Deer Park/the project 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 hopc to soon have additional paperwork from the train staff, as described by train owner Al Harper in the email within this report, to submil tO San Juan County for the County's review. Regarding the "BLM casual use" access, San Juan County has recently approved similar projects with this type 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 projcct 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 AND SITE LOCATION San Juan County regulations state the following: AlL residential development shall be required to submit a Scenic Qualily Report at the time of sketch plan submittal. This is a Scenic Quality Report for the Proposed Bowman Cabin, located on the Cumberland Mill Site USMS No. 693B, prepared by Engineer Mountain, Inc. The Cumberland Mill Site is located south of Silverton, accessed by the Durango & Silverton Narrow Gauge Railroad passenger trains. The property can also be accessed on foot, by walking down across BLM land from Deer Park. The property is located at the confluence of Deer Park Creek and the Animas River, about halfway belween 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. SOIS RETAINHNG WALLS EMGIMEER "SEPTICS "FOUNDATIONS "GRADING AND DRAINAGE MOUNITAIN, UNGO "SITE DEVELOPMENT Stiverton 35 Norhstar Mine 8 Mouatail anga Vountar 4075 Sultan Cp 334V Mountain Grasa ur 35 - GE a - he Molas JUANI33Z Pass 3A22 Photo of BIM Map wiih Cumberland Mill Site, Cireled. 2 P.O. Box 526 - 962 Reese Sireei - Silverion, Colorado 81433 phonc/lax (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 the previous page shows the general location of the Cumberland Mill Site. County regulations require that this Scenic Quality Report include the following information: Designations of scenic views of natural and historic features both from and toward the site and descriptions ofhow these vistas shall be preserved. Graphic depictions of the proposed structure' 's impact on these views shall be submitted to allow staff the Planning Commission, and the Board ofCounty Commissioners 10 assess the impacts oft 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 elevation difference between the highway (at approximately 10,400 feet) and the site (at approximately 9,200 feet) is estimated at approximately 1,200 fect. The site is located al 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 site 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 pholos follow this pages (I) The photo on the following pagc shows a location alongside Highway 550 which would most likely provide the besl view 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 the highway, due to vegetation and gradc change. (2) The second pholo shows the view lowards thc site when viewed from a short hike down from the highway right-of-way. The sile is not visible from the highway, nor is it visible from a short hike downhill of the highway. *SOILS *RETAINING WALLS EMGIMEER *SEPTICS "FOUNDATIONS *GRADING AND DRAINAGE MIOUNTANN, UNG. *SITE DEVELOPMENT - 02.20141214pm 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 *RETAINING WALLS EMGIMEER *SEPTICS FOUNDATIONS "GRADING AND DRAINAGE MOUNTAIN, UNGO *SITE DEVELOPMENT View from Below Highway 550 ROW Towards Site (Milemarker 67, Looking East) - Site is Located at Bottom ofValley Adjacent to Animas River Canyon and is Not Visible. (Bog67.2- siteview) 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 diffcrent building envelopes proposed at this time. Only one cabin within one building envelope is proposed for development. One of the two proposed building envelopes will be eliminated by the County and Applicant/Owner during the Improvement Permit Sketch Plan review. The two building envelopes were selectcd to avoid nearby avalanche and geohazard areas. The Owner/Applicant prefers a building envelope located near the middle of the property, in a flat meadow area. The altemate building envelope is located at the northern end of the property, on a flat-topped rocky knoll. The Owner- preferred, flat building envelope was first suggested by the Planning Director during our sitc visit. The alterate, knoll building envelope was suggested by the ayalanche-geohazards expert as the safest area on the site. Both of thc two building envelopes have been evaluated to be "buildable" either relatively free from natural hazards, or having the potential for relatively low hazards, requiring some reasonable, minimal miligation, due to nearby geohazards and/or avalanche potential. SLEKSATE EURNK EIVELOPE FROFOSEO SEPTC SYSTEM PROPOSED SIED FROFOSEO CASIN PROVOSED OURIED WAIER CISTERI NCoSE. EMIOFE (KNOIL) ALTERNATE BUILDING HORIHERN APPROX LOCATION CREFK BANK OF CF DEER PARK CREEK S0F FEF I D: SETBACK RR RDW AT FRPELPPL FULLNNEE EBILQE PROFOSED WAIER OSTEN BURIC PRCPOSED SC 20EET WIDE PROPOSED CAPIN CUMBFRLA MILL SITF ANE: SE MBACKS) FHORASEC SERIC SYSEM USVSNO 691R PROPEY MPAR PRCFCRTED FRC-OSEU 5, MCI A cabin built within the flat building envelope would be visible from the train righl-of- way - unless screening trees are planted whereas a cabin built at the knoll building envelope would not be visible from the train right-of-way. The following page is a summaiy lable of the characteristics of the 1wo oplions lor the proposed building envelope. ( SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. There are two building envelopes. Only one cabin within one building envelope 1S proposed for development. The other building envelope will be eliminated by the County and Applicant during this Sketch Plan review. The following table provides a summary of building envelope 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: Owner-Preferred: No Yes Visible from Train No Yes With creening/Vegetation As-Is: Visible From Train No Perhaps With Addition of Screening (Such as a Row of Trees): Requires Minimal Geohazards No Yes Mitigation: Requires Minimal Avalanche No Yes Mitigation: Construction Equipment Access: Difficult Easy Pedestrian Access from Train: Difficulu Easy Probable Type of Creek Water System: Pump/Siphon Gravily-Fed SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 4. VISIBILITY OF THE TWO BUILDING ENVELOPES FROM TRAIN The preferred building envelope is located in a flat meadow area adjacent to the Durango & Silverton Narrow Gauge railroad right-of-way. Between the preferred building envelope and the train tracks there is little vegetation and almost no grade difference, and therefore little to no natural screening. A train tourist looking towards the proposed cabin would be able to see the cabin for a brief instant while 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 able 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 tree spacing). In contrast, the alternate, knoll building envelope would probably not bc visible whatsoever, due to significant vegetation (tree cover) and a large elevation difference between the building enyelope and train right-of-way. The visibility of the two building envelopes from the train is depicted in photos 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 envelope evaluated in this report is the northern building envelope. It is located on a flat-topped rocky knoll, near the north end of the property. It is located east of and elevated above the Durango & Silverton Narrow Gauge Railroad tracks. The building envelope has been evaluated by an expert for avalanche and geohazard potential, and has been found to be relatively hazard free, requiring little or no mitigation. The proposed cabin is not expected to be visible from the train right-of-way, due to heavy tree cover (mostly aspens) and a large elevation difference bctwcen the train and the proposed 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 staked in the field with approximate dimensions of 20 feet by 20 feet (400 square feet). Adjacent to the proposed cabin is a proposed shed. The footprint of the shed was also staked, and marked with yellow flagging. The proposed septic system area was marked with one stake and flagging. The septic area is directly downhill of the proposed cabin. A. PHOTOS OF KNOLL BUILDING ENVBLOPE 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 people on the train by vegetation, elevation difference, and terrain. *SOILS *RETAINING WALLS EMGIMEER *SEPTICS FOUNDATIONS *GRADING AND DRAINAGE MOUNTAIN, UNGO *SITE DEVELOPMENT 09/2720143420m View of Cabin Footprint (Pink Flagging) at Knoll Building Envelope, with Camera Facing East, with Train Tracks Approximately 185 Feet Behind Camera (EView40) 10 P.O. Box 526 - 962 Reese Street - Silverton, Colorado 81433 - phone/fax (970) 387-0500 EMGIMEER *SOILS *RETAINING WALLS *SEPTICS FOUNDATIONS MONUNTTAIN, *GRADING AND DRAINAGE INGO *SITE DEVELOPMENT 2/ 201 43:42 pm View of Cabin 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 *RETAINING WALLS EMGIMEER *SEPTICS "FOUNDATIONS "GRADING AND DRAINAGE MOUNTAIN, UNG. *SITE DEVELOPMENT 09/2742074 S8 43pm 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 *RETAINING WALLS EMGIMEER SEPTICS FOUNDATIONS GRADING AND DRAINAGE MMOUNTAIN, UNG *SITE DEVELOPMENT View of Access Route Looking Up Towards Knoll Building Envelope, with Camera Facing East-Northeast, with Train Tracks Behind Camera (MS693B-approach) 13 P.O. Box 526 - 962 Reese Street - Silverton, Colorado 81433 - phone/fax (970) 387-0500 *SOILS RETAINING WALLS EMGIMEER SEPTICS FOUNDATIONS "GRADING AND DRAINAGE MOUNITAIN, ING. *SITE DEVELOPMENT 4 25A9 View of Access Route Looking Up Towards Knoll Building Envelope, with Camera Facing East-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 AT 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 are included on the following pages, showing the view FROM within the staked cabin footprint at the knoll building envelope. 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 the knoll cabin location, as shown in the photos following this page. Therefore we expect that views 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 are color photos of views from the proposed cabin, looking downhill, towards the train right-of-way, towards the north, west, and south. 15 *SOILS *RETAINING WALLS EMGIMEER A *SEPTICS "FOUNDATIONS MOUNITAIN *GRADING AND DRAINAGE UNIGO *SITE DEVELOPMENT 09/272 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). (CabinW1) 16 P.O. Box 526 - 962 Reese Street - Silverton, Colorado 81433 - phone/fax (970) 387-0500 *SOILS "RETAINING WALLS EMGIMEER *SEPTICS "FOUNDATIONS *GRADING AND DRAINAGE MOUNITAIN, UNGO *SITE DEVELOPMENT 09272014419pm VIEW FROM PROPOSED CABIN (Pink Flagging) at Knoll Building Envelope, Looking Northwest. Train Tracks and Animas River are Located Below, in Bottom of Valley, and Are Not Visible Due to Vegetation and Grade Difference. (Nviewl) 17 P.O. Box 526 - 962 Reese Street - Silverton, Colorado 81433 - phone/fax (970) 387-0500 *SOILS "RETAINING WALLS EMGIMEER *SEPTICS "FOUNDATIONS "GRADING AND DRAINAGE MOUNIAIN, UNIGO *SITE DEVELOPMENT 097201441 VIEW FROM PROPOSED CABIN at Knoll Building Envelope, Looking Southwest. Train Tracks and Animas River are Located Below, in Bottom of Valley, and Are Not Visible Due to Vegetation and Grade Difference. Deer Park Creek is Located Below Knoll Building Envelope in the Picture, in the Evergreens. (Sview1.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 The second building envelope evaluated in this report is the flat building envelope, first suggested by the Planning Director, and preferred by the Owner/Applicant. It is located in a flat meadow area adjacent to the Durango & Silverton Narrow Gauge Railroad train tracks. It is located at approximately the same elevation as the train tracks. The flat building envelope has been evaluated by an expert for avalanche and geohazard potential, and has been found to be buildable with some reasonable mitigation efforts. The proposed cabin would be visible from the train right-of-way, due to limited existing vegetation and little elevation difference betwecn the train and the proposed cabin. We would estimate that with existing conditions (existing grade and vegetation) thc cabin would be visible to a train tourist looking east for approximately 10 seconds while the train travels by the site. Planting a row of trees could potentially block all or most of thc structure from the train tourist's vicw. The four corners of the proposed cabin have been staked, with the cabin perimeter marked with yellow surveyor's flagging tape. The cabin was staked in the field with approximate dimensions of 20 fect by 20 feet (400 square feet). Adjacent to the proposed cabin is a proposed shed. The footprint of the shed was not staked at this building envelope. The proposed septic system area would be located between the cabin and western property boundary. A. PHOTOS OF FLAT BUILDING ENVELOPE AND CABIN FLAGGING Photos of the proposed flat building envelope and cabin flagging are included on the following four pages. 19 *SOILS *RETAINING WALLS EMGIMEER *SEPTICS FOUNDATIONS *GRADING AND DRAINAGE MOUNIAIN, UNGO *SITE DEVELOPMENT View of Cabin 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 Creek 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 *RETAINING WALLS EMGMEER *SEPTICS FOUNDATIONS GRADING AND DRAINAGE MIOUNITAIN, NIG. *SITE DEVELOPMENT View ofCabin 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 *RETAINING WALLS EMGIMEER *SEPTICS *FOUNDATIONS *GRADING AND DRAINAGE MIOUNITAIN, 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 EMGIMEEA o *SOILS *RETAINING WALLS *SEPTICS "FOUNDATIONS GRADING AND DRAINAGE MOUNITAIN, NGO *SITE DEVELOPMENT View of Cabin Footprint (Yellow Flagging) at Flat Building Envelope, with Camera Facing South, with Train Tracks Located Beyond the Right Side ofthe 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 FROM PROPOSED CABIN AT FLAT BUILDING ENVELOPE In the County Scenic Quality Report regulations, it 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 thc proposed cabin, looking towards the train tracks, looking towards the west. 2-1 *SOILS *RETAINING WALLS EMGIMEER *SEPTICS "FOUNDATIONS N NIGo *GRADING AND DRAINAGE MOUNITAIN, *SITE DEVELOPMENT a & 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 FLAT BUILDING ENVELOPE The proposed cabin will be visible from the train right-of-way to an east-facing train tourist travelling by, for approximately 10 seconds, if the screening/vegetation remains as-is. The existing screening (vegetation) is limited. The addition of screening, such as planting a row of trees, 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 page shows approximately what the cabin would look like, to a train tourist who is sitting on the east side of the train, looking eastward out the train window towards the cabin. 26 *SOILS *RETAINING WALLS EMGMEER *SEPTICS FOUNDATIONS *GRADING AND DRAINAGE MOUNITAIN, UNGO *SITE DEVELOPMENT 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 to a Train Passenger, Sitting on Eastern Side ofTrain, Looking Bast from the Train for Approximately 10 Seconds, as the Train Passes by the Project Site, ifScreening Remains As-Is. (HPIM2724+Cabin! Elcv) 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 County Scenic Quality regulations require the following information: Evidence that the location of the strucuure is designed to minimize the visual impacts and to not detract from the scenic quality of adjacent public lands on existing trails. Here is information regarding individual (underlined) parts of the above regulation: Location of the structure: There are two possible choices for the "location of the structure. 33 Adiacent public lands: The projcct site is surrounded on three sides by BLM-administered public lands. The "adjacent public lands" are mostly steep river canyon slopes, with limited practical access and likely low usage. On the fourth side of the project site is the private Durango & Silverton Narrow Gauge Railroad right-of-way located across/on BLM public land. It is unclear whether the privatc railroad right-of-way is to be considered private land, or "adjacent public lands.' Existing trails: There are no known significant existing trails in the viewing vicinity of the projcct site. The closest trail marked on maps "as the crow flics"v would be the Whitehead Trail in Deer Park. It is unlikely that the site could be viewed from the Whitehead Trail, which is far above the project site, due to vegetation, terrain, and significant elevation difference. We have asked a few people familiar with summer hiking on the Whitehead Trail, who have stated that it would not be possible to look down from the trail, towards the Animas River, and to view the project site. There is a short on-site trail shown on the USGS lopo quad map from the 1950s. "On paper" on the 1950s topo quad map - the trail starts at the Lrain right-of-way, and ends a1 the ruins of an old cabin located dircctly uphill of the project site. The trail traverses the privately owned project site, and ends on public land, The Scenic Report regulation at the top of this page requires information about how the Applicant selected (or did not select) a "location of structure" which would minimize "visual impacts" from adjacent public lands" and "existing trails. The Applicant has 28 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. done SO. His choices for building envelope were limited to two areas deemed safe. Neither is significantly visible from adjacent public lands or existing trails. The Applicant only has two possible options for the "location of structure" due to nearby avalanche/hazard zones, as cvaluated by the avalanchegcohazard expert. The Applicant originally selected the "location of structure' which would not be visible from the train. That area is represented by the knoll building cnvelope. The Applicant originally assumed that any building envclope he selected had to be basically invisible from the train. It is unclear if the privately owned train right-of-way is considered private land or "adjacent public lands. 97 During the site visit with the Planning Director, a second building envelope was suggested by the Planning Director for consideration. The second building envelopc is represented by the flat meadow building envelope. The flat building envelope would be visible from the train with existing screcning (limited vegetation) remaining as-is. It would be visible to an east facing train tourist for about 10 seconds. At the time of the sile visit, the Applicant did not think thal the flat building envelope would even be allowable or considered by the County, due to its visibility from the train. However the Planning Director suggested it could be considered, duc to casier logistics for construction (flat access) and a larger, more buildable, flatter area. Therefore, there are currently two proposed building envelopes for your consideration, and the Owner now prefers thc visible building cnvelope located in the flat meadow area. Iti is up to the County to decide if the flat building envelope would be allowable, due to its visibility from the train - and/or if additional screening, such as planting a row of trees, should be a requrement, to block all or part of the view of the structure from the train. Both of the two options for the "location of the structure" have limited or no visibility from "adjacent public lands" and "existing trails. It is unclcar if the private railroad right-of-way located across BLM public lands is considered private land or 7 "adjacent public lands. The site is located at the bottom of a rather steep river canyon. Thc surrounding and adjacent public lands are mostly steep canyon walls which are difficult to access, The nearby existing trails include only one significant trail, the Whitehead Trail, located far above the site and visually separated from the site by a change in elevation and terrain. 29 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. The lack of visibility of the entire project site makes it difficult to selcct any "location of structure" that would be visible from "adjacent public lands" or "existing trails.' 7 However one of the (Wo options for the proposed cabin "location of the structure" would be bricfly 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 bc eliminated during the Sketch Plan review. The two building envelopes have been selected based on nearby potential avalanche areas, and geohazards evaluation. The "location of the structure" on the northem, knoll building envelope is in an area where it will not be seen from the train. Adjacent to the knoll building envelope is BLM "public land, and il is possible that the cabin could be viewed from that BLM land, if the person is standing right on the property line, and peeking through the trees towards the cabin. However there is no cxisting trail located near the knoll building envelope. The Owner/Applicant has selected two options for the building envelope in order to allow the County to weigh in on visibility versus the "location of structure" when viewed from "adjacent public lands" and "existing trails.' 3 Another way that the Applicant has reduced the possible visual impacts of the project from adjacent public lands and adjacent private lands is through the proposed cabin design a small footprint with one story. The cabin size is relatively small. The proposed cabin is up 10 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 feet, which is 480 square feet.) The Owner/Applicant plans lo build "small" even though this site is located at an elevation (approximately 9,200 feet) where the County does not currently restrict cabin size. The Owner has selccled 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. Draft building plans have been prepared by the Owner/Applicant, and are included on the following five pages for your review. The plans have been drawn with the preferred. flai building cnvelope in mind. The plans could need some revisions (mosily lo deck and porch design) ir the ulternate. knoll burlding envelopeis instead selecled. 30 o <. p a X 6 - o 8 K 5 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 and 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, Thre-Dimensional Modeling, etc. The proposed cabin has been designed as a one-story structure with no basement. Therc is no second story on the proposed structure but there may be a small partial loft. The total height of the proposed cabin is estimated to be about 18 feet, from the finished floor elevation to the exterior peak of the roof at the roof ridge beam. There are lwo options for the building cnvelope 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 either of thc two options for building envelope. The cabin design works with the natural grade of the two building envelopes, and not against it. The proposed cabin design is shown on Applicant's S drawings, on the five preceding pages. The proposed cabin dcsign is also depicted from the east-facing train tourist's view on page 27 of this report. 36 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. 9. TOPSOIL, UTILITIES, LIGHTING, AND DRIVEWAYS This scction of the Scenic Report describes design features associated with topsoil, location of utilitics, exterior lighting, and any proposed driveway(s). A. 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 of the proposed improvements will be separately stockpiled on-site, to be used for landscaping. Ifthe flat meadow building envelope is selected, and screening (such as a TOW of trees) is required by the County, then any topsoil found during construction can be used for the landscaping associated with the screening or TOW of trees. B. UTILITIES County regulations require that the project should include the following: Location and installation of utilities in ways that will cause the least damage to the natural environment. The project includes the following proposed utilitics: a proposed underground septic system leachfield and a proposed underground water tank cistern, and some associated underground buried water and sewer piping. The septic system Icachfield location was selected based on San Juan Basin Health Department regulations and setbacks. The buried cistern location has been selected as uphill of the cabin, to allow gravity flow of water down to the cabin. The water and scwer construction will occur with the least amount of disturbance necessary, in order to limit any damage to the natural environment. No electric, overhead powerlines, power poles, or phone/cable lines are proposed. Power sourccs are to incluce solar, propane, a woodstove, and a backup generator. and these tems are not anticipated to cause physical damage to the natural environment. The Applicant is considering a solar panel mounted on one side of the proposed shed roof. The solar panel would provide power for some low voltage LED lights. SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. C. EXTERIOR LIGHTING County regulations require that thc project should include the following: Provisions requiring shielding ofexterior lighting to prevent direct visibility oflight bulbs from off-site, directing of all e.xterior lighting toward either the ground or the surface of a building and prohibiting high intensity sodium vapor or similar lighting. The proposed exterior lighting for this projcct is a minimum amount of automatic on-off motion detection solar lights,just enough for safety purposes. No sodium vapor lights are proposed or will be used. We would suggest onc solar powered light at each door, which we would assume would be a total of two doors and two lights. D. DRIVEWAYS County regulations require that the project should include the following: Design and construction plans for roads and associated structures that bear a logical relationship to existing topography to minimize the need for cuts and fills. There are no driveways or roads proposed for this project. The access would be via the Durango & Silverton Narrow Gaugc Railroad regularly scheduled passenger trains, After exiting the train (at or near the Deer Park Creck railroad bridge located at the site), the Applicant would walk a short distance from the train to the cabin. The alternate route to the project site is via pedestrian access across BLM land from Deer Park. There may be other possible pedestrian routes across BLM land, such as traversing down to the site from Highway 550 across the public lands near the Molas Minc. According lo the railroad staff, during construction, spccial work train(s)"is/are to be scheduled. The tramn will be providing access for construction equipment access (such as Maisel Excavation LLC's small trackhoe) and building materials delivered by the "special work train(s)." I the knoll building envelope, located at the north end of the property, is selected by the County, then a temporary construction equipment access path may be needed for the Maisel Excavation LLC cquipment to traverse from the train right- of-way up to the top of the flat-topped knoll. The knoll building envelope is flat on top bul has moderately steep sides. Tf: a temporary construction equipment access path is necded, then the path will be constructed with the least amount of damage to vegetation (grass) and the lcast anount of grading (such as pushing aside of surface boulders). I 38 SCENIC QUALITY REPORT Cumberland Mill Site Prepared By Engineer Mountain, Inc. required by the County, Applicant, and/or railroad, the temporary path can bc reclaimed and revegetated after construction. 10. BUILDING MATERIALS County regulations require that the building design should include the following: Utilization 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 of 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-rcflective, dark green, metal "standing seam" roofing material Minimal window "glazing" The photos on the following pages show the types of proposed cabin building materials selected by the Applicant. 39 *SOILS RETAINING WALLS EMGIMEER *SEPTICS "FOUNDATIONS "GRADING. AND DRAINAGE MOUNTAIN, UNGO *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 EMGIMEER *SEPTICS FOUNDATIONS GRADING. AND DRAINAGE MOUNTAIN, UNGa *SITE DEVELOPMENT 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: The project site and the two building envelope options arc not visible from County Roads, Highway 550, and trails on adjacent public lands (to the best of our knowledge). The knoll building envelope was selected by the Owner/Applicant based on the existing screening (tree cover and elevation change) which will shield view of the cabin from the private train right-of-way. After it was suggested by the Planning Director as a possible altemative for the Owner/Applicant and the County Commissioners to consider, the more visible flat building envelope was added as a potential building envelope option. If the screening remains as-is, it 1S visible for only a 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 a taller, more easily seen structure. The proposed cabin footprint is quite small, even though the building envelope is well below 11,000 feet elevation (where the footprint size would have been limited by County regulations). The access is relatively low impact, environmentally and visually, using cxisting trains, and via pedestrian trail routes, with no proposed driveway, and therefore driveway/access: impacts are less than those associated with similar typical projects. The colors and textures of the materials selected for the cabin and shed (browns and dark green, wood, timber, and rusted metal) blend in with the colors of thc natural surroundings. The cabin includes a 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. If you would like additional information, please contact Engineer Mountain, Inc. at (970) 387-0500, or Owner/Applicant Gary Bowman at (928) 853-8180. 12 ANESI LAW FIRM 835 EAST SECOND AVE., SUITE 220 DURANGO. COLORADO 81301 T. 970.247,9246 F. 970.259,2793 Email: nick@tjanesi.com June 16, 2021 Sent via email only to William Tookey: idplenderadaus San Juan County Board of Commissioners PO Box 466 Silverton, Colorado 81433 RE: GARY BOWMAN / VARIANCE REQUEST Parcel: 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 Co. CO Dear Board of County Commissioners: Our firm represents Gary Bowman (the "Applicant" or "Mr. Bowman")i 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. 1 The following request is made pursuant to San Juan County's Code $ 7-125.2 Below is a brief factual background followed by the grounds upon which our client's request 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 that body in 2017. It was, however, denied by the Board of County 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 ofthe application were approved. To address access concerns without again undertaking the entire application process, Mr. Bowman requested a continuance at the time of denial, but 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 seeking a variance, he is hopeful the Commissioners will grant his See E-mail correspondence with D. Goldbricht dated 12/6/19 2 See SJCC $ 7-125 Page 1 of4 4 G. Bowman Variance Request to San Juan County Board of County Commissioners request. Pursuant to the instruction ofthe 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 ofthe remaining application components since it previously underwent exhaustive analysis, with subsequent approval of all elements aside from adequate access. II. GROUNDS FOR APPEAL A. Existing Precedent and Unique Characteristics / Special Circumstances The Bureau ofLand 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 review oft the 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 lacks a county road, a state highway connection, or a private road or other access as set forth in SJCC S 4-103().6 It appears the former County Commissioners were unaware that the D&SNGRR's right-of-way is treated as a highway under Colorado law.7 The railroad's right-of-way appears to satisfy the intent ofthe requirements set forth in SJCC $ 4-103(f).8 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. Iti is approximately 100 feet from the railroad track over flat, easily traversable terrain. Mr. Bowman has obtained permission from the D&SNGRR to 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, 3 See Planning Commission Staff Report dated 7/18/17 See Restatement of Property $ 476 and See Powell on Real Property $ 34.07, at 61-62 See Email correspondence with W. Tookey dated 11/15/19 5 Id 7. See, Colorado State Constitution Article XV 8 Id Page 2 of4 G.I 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 accessed by helicopter or rail. Given the relatively flat topography ofthe Property, it seems a helicopter could more easily gain access in the event of an emergency. 9 Other cabins within San Juan County, such as the OPUS Hut, appear to present greater emergency access challenges. Emergency access to the Property has improved since the 2017 denial, because the County Sheriff's Department has acquired a railway "pop car" to provide emergency access to areas within the canyon, south of Silverton. This new form of Sheriff's emergency access creates special circumstançes which appear to relieve the primary safety 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 ofthis variance is in no way injurious to the public, nor will it create a problematic access standard employed by future applicants. B. Improved Fire Safety Design Mr. Bowman recognizes the heightened concerns regarding fire danger and has proactively made fire safety improvements to his cabin design. In the event of a fire, a gas generator and water pump will be accessible. Notably, the Animas River and Deer Park Creek provide immediate water access to extinguish a fire. The Animas River is approximately 150 feet from, and only slightly below, the proposed location ofthe Applicant's 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 the aforementioned grounds, Gary Bowman requests that this Board of County Commissioners grant a variance to any and all access requirements that apply to his Property. 9 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, NicholasF Anesii Nicholas F. Anesi Cc: Client Dennis Golbricht, County Attorney via E-mail Page 4 of4 G. Bowman Variance Request to San Juan County Board of County Commissioners X a X R a K K R Y X a a a X a R K K a - K Y L R a R a A & R - K K A R R R & R R a a X X X R a a K L R a & R x R K K X x K & & a R & a & x R & & R a a X a x a a R a x a x K a a L K R X a a & K & a & Y 9/7/2021 San Juan County Mail Resignation Letter for Lois MacKenzie Gmail Willy Tookey samnesmpancolendour Resignation Letter for Lois MacKenzie Silverton Clinic sherondinet@gmalcom Wed, Jul 21, 2021 at 3:26 PM To: Terri Brokering <info@eurekalodgecolorado.com>, Paulette Schmalz phiker@hotmal.como, Kim Eisner kim@ekimbz.com>, "To: Sharon Lantz" shananz@gmal.como, "Megan Davenport (via Google Sheets)" megéavens-@ymalicom, sarah luchetta awa90@romai.como, Willy Tookey so@anumooncous, Becky Joyce <director@sicph.org> For the sake of both my mental and physical health I will be resigning as Silverton Clinic Nurse Manager by the end of September 2021. Lois Mackenzie RN, BSN Silverton Clinic Nurse Manager P.O. Box 964 1315 Snowden St. Silverton CO 81433 970-387-5114 Office 970-387-5036 Fax htps./mail.google.commalluo7a-tasemeb.eivewepiisearch-alspermansgd-mse"A3A170593127926827198smpl-msp-A3A170593127992.. 1/1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 8 1595 Wynkoop Street Denver, CO 80202-1129 Phone 800-227-8917 www.epa.govregions September 1, 2021 Ref: SEM-RB Sent via email: Dr. Peter Butler Chair, Bonita Peak CAG Bulerst.dymal.com Re: Response to Comments on the 2021 Task List and Draft Five-Year Plan, Bonita Peak Mining District Superfund Site Dear Dr. Butler: Thank you for your letter dated April 16, 2021, sharing the Community Advisory Group's (CAG) perspective on the EPA's Bonita Peak Mining District (BPMD) annual task list and five-year plan. The EPA encourages and welcomes the robust participation oflocal stakeholders and community groups. The EPA appreciates the CAG's dedication to improving water quality throughout the district and the approach at the BPMD Site (Site) is in line with the CAG's interest in this area. Work in the Five-Year strategic plan draws from the priorities that were identified in the EPA's Adaptive Management Site Management Plan (https: semspub.epa.s govsre/document. 08/ 100009168) (November 2020) that was developed through a series of meetings with the community. The Adaptive Management Plan prioritizes areas that have the greatest metals loading within the Animas River watershed, including the Bonita Peak Groundwater System, known as Operable Unit 3 (OU3), with the focus on the draining adits in the Upper Cement Creek area, and the Upper Animas area. Concurrently, thc EPA is continuing the operation ofthe Interim Water Treatment Plant (IWTP) at Gladstone and making progress on the remedial action activities selected in the 2019 interim Record of Decision (IROD). The Site team agrees that expeditiously implementing response actions is desired; however, it's important that we properly investigate the areas ofhigh metals loading to inform the evaluation and selection of remedies that will be sustainable and long lasting. To facilitate the discussion of topics from the CAG's April 16, 2021 letter, we have broken our responses out by the discussion topics posed by the CAG. Questions 1 and 2: If: a large metal load is reduced high in the watershed, will that reduction translate to a large metal reduction downstream and a corresponding improvement in water quality and aquatic habitat? Where can EPA make large environmental improvements in a relatively short period of time? A reduction in loading of conservative metals, such as zinc, upstream in the watershed does translate into a reduction in load and concentration, resulting in improvement in water quality and aquatic habitat downstream in the watershed. Following the Adaptive Management Plan, the EPA's focus on the Bonita Peak Groundwater System, including the draining adits in the Upper Cement Creek area, and the Upper 1 Animas, will result in improvements to Priority Reach 1, the Animas River below the confluence with Elk Creek. The EPA has generated a loading tool to evaluate data collected as part oft the Remedial Investigation. This tool has been used to assist in targeting the highest loading areas for additional study and evaluating remedy alternatives. This tool was developed with a focus on zinc because zinc stays in solution at near neutral pH. Because oft this property, zinc can be carried in the surface water further downstream than many other metals, impacting aquatic life through longer stretches of creeks and rivers. Other metals such as aluminum, copper, lead, and iron are more insoluble in near neutral pH ranges, meaning that these metals may drop out of solution into the creek sediments more readily than conservative metals like zinc. The stream load ofthese other metals may exhibit peaks near specific sources, then declines due to settling into the creek bed and then increases from the next downstream source. Addressing upstream sources of these more insoluble metals may not translate to a decrease in metals loading downstream in the short-term as these metals are accumulating in the sediment rather than continuing downstream in the water column, but reducing contribution of these metals to the stream sediments can be beneficial in the short and long-term by reducing sediment loading in the area ofthe sources. With regard to achieving water quality improvements, and given the size of the Site, the EPA is prioritizing investigation and remedy selection at sources based on their relative importance to achieving water quality goals. The Adaptive Management Plan identified the Upper Cement Creek area draining adits (OU3) as one oft the near-term priorities to evaluate source control through bulkheading and flooding mine workings such as the Red and Bonita, based on the relative impact these sources have on downstream water quality. Along with the EPA's goal ofi improving water quality, the EPA is also balancing the need to investigate and take response actions to achieve other site-wide goals related to stability of solid media and mitigating the risk of uncontrolled releases. The EPA's ongoing work towards our three goals also needs to be balanced by the need to characterize sources to ensure these evaluations lead to informed and sustainable remedies. The CERCLA process includes data collection, treatability studies as needed, and data interpretation to inform the evaluation of remedy alternatives. Nine evaluation criteria' are considered in the remedy evaluation and selection process. One ofthe criteria that is of particular concern at the BPMD Site is to evaluate "long-term effectiveness and permanence. ?7 Portions ofthe Sunnyside Mine underground workings were bulkheaded and flooded in the past, which may have resulted in a temporary improvement in water quality in Cement Creek and the Animas River in the short-term. Over time, however, water quality worsened, indicating that the work that was done was not sufficient to provide long-term effectiveness and permanence. It is important to the EPA to undertake thorough characterization to ensure selected final remedies are effective and permanent. As acknowledged by the CAG letter, the largest sources of mining-related metals loading are located in the Cement Creek and Upper Animas drainages. The EPA has prioritized these areas oft the Site as 1 The nine evaluation criteria can be found in the OSWER directive 9355.0-27FS "Guide to Selecting Superfund Remedial Actions". tps/BemspubepasoVns.at 2 shown in Table 2 of the Five-Year plan. During 2021 and 2022, the EPA will be conducting characterization efforts on both the Upper Animas River fluvial tailings area as well as the OU3 - Bonita Peak Groundwater System and Upper Cement Creek 1 in order to determine what remedy alternatives will be appropriate to address the most significant loads in these areas. This work is being conducted concurrently with the 2019 IROD remedial actions rather than waiting to complete those activities first. The efforts on the OU3 investigation include multiple sources impacting water quality within the Cement Creek drainage, including the Gold King Mine (currently treated at the IWTP), Red and Bonita, American Tunnel, Mogul Mine, and Natalie/Occidental. The EPA is investigating how these sources may be hydraulically influenced by the Bonita Peak Groundwater System. These sources are monitored for flow and water quality variation to understand how they are affected, or will be affected, by changes or variations in the larger groundwater system. With regard to the Red and Bonita, the EPA has completed a temporary bulkhead closure, conducted as ai treatability study, that was intended to monitor the effects on the groundwater system as a piece of this larger evaluation. Reporting for the Red and Bonita test closure is in process. The initial bulkhead test report is available on the BPMD EPA webpage (https:/s semspub. epa. govsrohlocumemuos. 100010330). A second report is under development interpreting nearby seeps and springs that may be associated with the Red and Bonita bulkhead test closure and is expected later this year. After certain wells are installed within the OU3 area, the EPA is considering implementing a longer-term bulkhead closure at Red and Bonita to evaluate potential improvements over a longer timeframe. This bulkhead closure could address loading currently emanating from the Red and Bonita and, depending on its effectiveness as well as other criteria evaluated pursuant to the NCP, could be transitioned into an OU3 IROD. To be clear, it is premature to determine the selected interim remedy in this anticipated 0U3 IROD, but it is expected that closing the bulkhead at Red and Bonita, and potentially other bulkheading opportunities as potential source control measures, will be considered and thoroughly evaluated in the feasibility study process. The EPA anticipates using these closures and other studies to inform the proposed focused Feasibility Study and IROD development anticipated as 2023-2024 activities. Thorough evaluation includes the placement of strategic monitoring wells to ensure positive and negative changes could be identified if bulkheading for source control is selected in the future (see also responses to #3 and #4). This concept acknowledges local, community concerns expressed at the Site listing indicating that the EPA should sufficiently understand the resulting impacts of cleanup actions?. Long-term treatment is often considered as a remedy alternative at hard rock mining sites and has the potential for producing downstream water quality improvements. While short-term treatment of both the American Tunnel and the Red and Bonita flows have been done for short periods of time at the IWTP, the ability of the existing plant to treat additional sources consistently over a longer timeframe is a significant challenge. The hydraulic capacity of the treatment plant is not the only metric to consider. There are two main limitations. There is a limitation on disposal capacity for the treatment-generated solids (sludge), which will be resolved by the future Sitewide repository as mentioned in the CAG's letter. However, treatment is also limited by the solids separation technology used at the IWTP. The 2 February 22, 2016 letter to Governor Hickenlooper from the Town of Silverton and San Juan County. 3 IWTP area has limited space and is unable to accommodate additional filtration bags to consistently handle an increase in the volume of treatment-generated solids. The filtration bag can have "breakthrough" of solids if the inflows are not managed carefully. The excavation of the sludge bags and drying of sludge is not practical during the winter. Evaluation of potential treatment plant modifications would be required before taking on continuous treatment of other sources, and potential modifications are expected to be significant. Due to the high costs and level of effort necessary for expanding water treatment, EPA's position is that resources are better directed towards certain steps, such as installing wells and implementing a longer term Red and Bonita bulkhead closure test and other investigations to allow for evaluating source control type remedy alternatives such as bulkheading and flooding mine workings throughout OU3. Question 3: In the Operating Unit 3 (0U3), the fundamental question is, if and by how much does the Sunnyside Mine Pool affect the biggest metal contributors in the BPMD (the mines around Gladstone)? The EPA's ongoing investigation oft the sources in the Bonita Peak Groundwater System and associated draining adits in Upper Cement Creek (0U3) is a top priority, as emphasized in the 2020 Adaptive Management Plan. The Plan prioritizes work in this area to ultimately achieve water quality goals in Priority Reach 1, the Animas River downstream ofthe confluence with Elk Creek. The CAG letter appropriately questions whether and by how much the Bonita Peak Groundwater System affects the draining adits that contribute high metals load in Upper Cement Creek. To better understand how groundwater/mine pool water moves into, within, and out oft the system, the EPA is planning to install groundwater and/or mine pool monitoring wells at several locations in the next two field seasons, including monitoring wells into the Lake Emma area. These important wells will inform the OU3 groundwater study and will be critical monitoring points for any future bulkhead installation and closure evaluations. The EPA anticipates awarding a contract for these monitoring well installations this year for work to begin in the 2022 field season. The effort to install monitoring wells into the Bonita Peak Groundwater System will be technically challenging and resource intensive. Specifically, the wells will require the use of directional drilling technologies to significant depths and targeted areas within the underground mine workings. Accurate surveying before the drilling work, and diligent care during drilling, will increase the likelihood of hitting the specific targeted locations of the underground mine working levels. Drilling activities will also need to avoid upper mine workings that may not contain water or that may interfere with reaching the targeted mine working levels. In preparation for this effort, the EPA has been digitizing archival maps of the Sunnyside mine workings to identify potential target locations for monitoring wells. The EPA is also utilizing 3D visualization software to develop a model oft the underground mine workings. Since the previous mining company utilized their own grid system for creating their mine maps, conversion to a standard grid is necessary and involves confirmation surveying in the field. The efforts scheduled in 2021 and 2022 will be critical for aligning the 3D model with those historical maps from the mining company. Specifically, surveying the Terry Tunnel and, to a lesser extent, the Gold Prince mine, will assist in refining the 3D model. Well installation in the Bonita Peak Groundwater System is a top priority for the EPA and will provide 4 invaluable data for evaluating the efficacy of potential bulkheading remedies as prioritized in the Adaptive Management Plan. After the initial wells have been installed, water samples and water levels will be collected. Data evaluation may indicate the need for additional data collection, or additional well installation, to meet the goals oft the study. Question 4: What important information does EPA hope to obtain by drilling behind the inner bulkhead at the Gold Prince tunnel? It is a sound practice, as part of a regular monitoring regime, to understand the water levels behind bulkheads. These are engineered features that require monitoring. The 2021 Task List planned the installation of a monitoring well behind the Gold Prince Mine inner bulkhead. The decision to undertake this task in 2021 was partly driven by prudence and partly by logistical efficiencies. Mine maps and personal observations from members ofthe CAG point towards a connection to the Sunnyside mine workings above Lake Emma. At the same time, the Gold Prince Mine bulkhead design document (August 19, 1996) indicates that the inner bulkhead was designed to "force impounded water back into the Sunnyside Mine. 9 Some have interpreted this area to be too high in the watershed to be of importance; however, water level monitoring and sampling of water: impounded by the Gold Prince bulkhead would enable the EPA to evaluate whether the seeps in the area are impacted by the past mining activity. In addition, a monitoring well at this location will allow important monitoring of water level changes over time corresponding to other changes or remedies that may be implemented for the Bonita Peak Groundwater System and associated draining adits. The additional consideration for including a monitoring well at the Gold Prince mine in the 2021 Task List was the logistical desire to take advantage of other planned drilling mobilizations, but as the EPA is navigating new contracting mechanisms for Site work, this task will not be completed in 2021. Question 5: In reference to Goal #3 for the BPMD, minimizing unplanned releases, is EPA meeting the objectives oft this goal by opening mines with collapses at the entrance or doing the opposite and increasing the risk of unplanned releases? The EPA acknowledges the concern expressed by the CAG on opening collapsed portals. The EPA is being strategic about where and when to open collapsed portals and is working with Colorado Department of Public Health and Environment (CDPHE) and the Colorado Division of Reclamation, Mining and Safety (DRMS) to address these on a case-by-case basis. Relying on a portal collapse to mitigate unplanned releases presents its own risk. A portal collapse is not a maintainable, engineered structure that can be relied upon in perpetuity. In that respect, portal rehabilitation and stabilization, where appropriate, allows for further inspection and forward planning for how to manage these openings and implement response actions that are effective over the long-term. Beginning this field season, DRMS is currently conducting evaluations at mine adits, portals, and waste rock areas to evaluate stability and the potential for unplanned releases corresponding to the initial Site Goals 2 and 3 - stabilizing source areas, with a focus on solid media, and minimize unplanned releases (Section 3.2.1 of the Adaptive Management Plan). 5 This evaluation will include previously known source areas as well as other features that have been identified as areas of potential concern. The BPMD Project Goals 2 and 3 recognize the importance of characterizing aspects of stability and the potential for unplanned fluid release hazards at the mining- related source areas, in addition to characterizing the nature and extent of contaminated media. DRMS will also compile information from their records on previous reclamation and stabilization efforts to ensure the EPA, the State ofColorado, the Bureau of Land Management, and the U.S. Forest Service have the pertinent information. The results will help determine if additional near-term stabilization or general maintenance work is needed at a given location and will inform the long-term selected remedy, where appropriate. Additional Discussion: Concerning the Upper Animas, focus on this area is supported by the evaluation of available data suggesting that the largest metal load increases are found near the Operable Unit 2 (OU2) - Mayflower tailings and mill area and the Howardsville/Colorado Goldfields tailings area. Data indicates that each of these source areas produces more zinc loading to the surface water than the discharge from the American Tunnel. The Site team is making progress in these high-loading areas with the ongoing PRP- lead investigation at OU2 and the alluvial tailings study in the Upper Animas planned for later this summer. The EPA agrees with the CAG that this area is a challenging and complex area to characterize. Seasonality and annual variation in precipitation impacts metals loading to surface water, and water channels can change quickly after flooding conditions. It is important to accurately understand these variations' impact on source areas and transport pathways to develop and evaluate appropriate remedial alternatives that will significantly reduce metals loads for the long term. This work is targeted at achieving water quality improvement goals in Priority Reach 1, as well as goals for improvement to the brook trout fishery in Priority Reach 2 (Upper Animas: Minnie Gulch to Cement Creek). Regarding the request related to the Community Involvement Plan (CIP), last updated in 2019, the agency welcomes discussions about the changing stakeholder interests and how this can be best incorporated in the EPA's outreach work. The CIP is not listed in the five-year strategic plan as community involvement runs parallel to ongoing work and is not considered part ofthe technical work discussed in the Five-Year plan. Typically, CIPS are updated as additional decision documents (e.g. IRODs) are released to ensure engagement for future phases oft the remedial process. While the CIP is a formal tool used to document communication strategies used in the community, the EPA encourages feedback from stakeholders regarding their needs and interests either formally through the next CIP update associated with future decision documents or informally during regularly scheduled community meetings or in discussions with EPA staff. The EPA has invested significant efforts in consolidating available data from multiple sources into a searchable database. Public access to Site data will soon be more accessible through the BPMD Story Map. This web-based Site information platform will provide links to access Site data. It will also contain photos and short descriptions ofimportant features around the Site. 6 The EPA, along with the State and Federal partners, will review 2021 progress toward the established site goals and priorities and utilize this information for planning 2022 work and refining the Five-Year plan. The Bonita Peak Mining District site team appreciates the CAG's dedication to improving water quality throughout the BPMD site and for their commitment to engaging with the agencies. The EPA looks forward to continued discussions with the CAG throughout the Superfund process. Sincerely, ROBERT Digitally signed by ROBERT PARKER PARKER Date: 2021.09.01 15:53:18 -06'00' Rob Parker, Remedial Project Manager Superfund Remedial Program CC via email: Senator Michael Bennet CDPHE - Shawn McGrath Senator John Hickenlooper SWCD - Jenny Russell Representative Lauren Boebert EPA - Brigid Lowery La Plata County Commissioner Marsha Porter-Norton EPA - Doug Ammon San Juan County Commissioner Scott Fetchenhier EPA - Shahid Mahmud Silverton Mayor Shane Fuhrman EPA - Schatzi Fitz-James Durango Mayor Kim Baxter EPA - Helen Duteau USFS - Kara Chadwick EPA - Deb Thomas BLM - Kris Doebbler DNR - Tim Mauck 7 INTERGOVERNMENTAL AGREEMENT FOR THE REAFFIRMATION OF THE UNIFIED EMERGENCY MANAGEMENT BETWEEN SAN JUAN COUNTY AND THE TOWN OF SILVERTON THIS AGREEMENT is made and entered into this day of SEPTEMBER, 2021, by and between San Juan County, a political subdivision ofthe State ofColorado (hereinafter called the "County") and the Town of Silverton, a municipal corporation of the State of Colorado, (hereinafter called the "Town"). WHEREAS, the parties are empowered to enter into this agreement pursuant to C.R.S. S 29-1-203; and WHEREAS, the County established a "local disaster agency" with the formation of the San Juan County Office of Emergency Management on March 23, 2011; and WHEREAS, the Town of Silverton and San Juan County entered into an Intergovernmental Agreement to manage local disasters through a unified local emergency management organization on March 23, 2011; and WHEREAS, pursuant to C.R.S. S 24-33.5-707(4), the minimum composition of a disaster agency is a director or coordinator appointed and governed by the chief executive officer or governing body of the appointing jurisdiction and the director or coordinator is responsible for the planning and coordination ofthe local disaster services; and WHEREAS, C.R.S. $ 24-33.5-707(8) provides that the director must "prepare and keep current a local disaster emergency plan for its area";a and WHEREAS, this agreement reaffirms the commitment to utilize the San Juan County Office of Emergency Management and the San Juan County Emergency Operations Plan to manage a human or natural disaster that impacts the Town and County; and WHEREAS, the parties find that the proper coordination and expeditious delivery of support and assistance during emergency and disaster events is necessary to preserve life, property, and the environment; and WHEREAS, the Town desires to reaffirm the commitment to use the National Incident Management System for all resources under its jurisdiction and work in close partnership with the County; and WHEREAS, the County has the capability to manage a unified emergency management organization; and WHEREAS, the Town has representation in the stakeholder group known as the Local Emergency Planning Committee and Multi Agency Coordination Committee managed by the San Juan County Office of Emergency Management; and WHEREAS, the San Juan County Office of Emergency Management has prepared the revised San Juan County Emergency Operations Plan and supporting documents (the "Plan") attached hereto and incorporated herein by reference; and WHEREAS, no plan can completely prevent death and destruction in the event of a human or natural disaster, the Board finds that the Plan comports with the requirements of federal and state law and incorporates and coordinates the best possible approaches to the mitigation and response to disasters and emergencies described therein. NOW THEREFORE, BE IT RESOLVED BY THE SILVERTON TOWN BOARD: 1. The Office of Emergency Management will provide the following services: a. Provide technical assistance to the Town staff and elected officials in the management of a disaster. b. Include Town staff in incident operations and the Plan. C. Train Town staff on the Plan and on the implementation ofthe National Incident Management System (NIMS). 2. The Revised Plan attached hereto is hereby adopted as the San Juan County Emergency Operations Plan effective as ofthis date. 3. The County and Town agree to utilize one emergency manager for the purpose of preparing plans for the preservation and safety ofl life and property and making provisions for the execution ofthese plans in the event of a human caused or natural disaster within the County or Town. 4. The Town will provide an updated resource list of equipment that may be used in a disaster. 5. The Plan shall be an extension to the State of Colorado's Emergency Operations Plan and shall be reviewed and exercised periodically and revised as necessary to meet changing conditions. 6. The San Juan County Office of Emergency Management is authorized and responsible for direction and control ofTown and County resources as set forth in the Plan. It is hereby mutually agreed: 1. The San Juan County Office of Emergency Management will include representation of all signatory parties. 2. The San Juan County Office of Emergency Management shall be comprised of a County Emergency Manager appointed by the San Juan County Board of County Commissioners. 3. The term ofthis agreement shall run from the date ofmutual execution and shall automatically renew on an annual basis as needed to further the mutual objectives of the parties expressed herein, unless terminated by either party. The parties agree and acknowledge that this Agreement does not constitute a multiple fiscal year debt or financial obligation ofthe Town pursuant to Section 20(4)(b) of Article X of the Constitution ofColorado. 4. In the event of major revisions or changes to the plan or a change in personnel the agreement may be revised and updated. 5. The parties may terminate this agreement with ten (10) days written notice at any time without penalties or further obligations. APPROVED AND ADOPTED IN SILVERTON, SAN JUAN COUNTY, COLORADO THIS day of 2021 BOARD OF COUNTY COMMISSIONERS OF SAN JUAN COUNTY, COLORADO ATTESTED Clerk to the Board Scott Fetchenhier, Chairman TOWN OF SILVERTON ar municipal corporation of the State of COLORADO ATTESTED Town Clerk Shane Fuhrman, Town Mayor APPROVED AS TO FORM: Town of Silverton, Attorney: /s/ Lane P. Thomasson #49094 Lane P. Thomasson Associate Attorney Hockersmith & Whitmore, LLC - @ 8 I 1 0 - - - - - a 9/7/2021 San Juan County Mail FOR SITUATIONAL AWARENESS- EPA BPMD Site work at. Anglo Saxon Mine Gmail Willy Tookey <admin@sanjuancolorado.us> FOR SITUATIONAL AWARENESS- EPA BPMD Site work at Anglo Saxon Mine 1 message Jenkins, Katherine yenkins.katherine@epa.gov> Tue, Sep 7, 2021 at 8:56 AM To: Bonita Peak Notification List Bonia-Peak.Notifecation-lisi@epa.gor For Bonita Peak Mining District Superfund Site Situational Awareness: EPA has mobilized and is starting work this week at the Anglo Saxon Mine site in the Bonita Peak Mining District and it will continue for the next three weeks. This work includes re-routing the adit discharge around and away from waste rock piles and removing sediment from the existing pond. During this work there is a chance that turbidity might increase and may cause localized discoloration in Cement Creek. We do not anticipate this work will have a negative impact on aquatic life or on downstream water uses. Following the work at the Anglo Saxon Mine, EPA will begin work at the Mammoth Tunnel. EPA expects the work at Mammoth Tunnel to be complete by mid-October. Work will include adding a culvert under County Road 35 to divert mine influenced waste water and removing sediment from the ponds. A half-day road closure will be announced closer to the actual date of culvert installation. For more information, contact: Athena Jones onesanena@epa.gon, or Katherine Jenkins menshanermedepagoy htps.lImail.google.comimalluo7k-taseaeb2leivieweplisareh-alspermhnchvead-3A1710A1710559453973926728765simplmsg-a3A171025534539. 1/1 Tiwnol Silverton SANJUAN COUNTY PO Box 250 PO Box 466 Silverton, CO 81433 Silverton, CO81433 970-387-5522 970-387-5766 Date: September 4, 2021. For: September 8 Board of County Commissioners Meeting. From: Town/ County Planning Director. Regarding: Some ofthe Planning Department Work During the Past Two Weeks. County Recent Projects The Town/County Planning Department staffhas been working on several County "administrative review" Land Use Permit and Improvement Permit Applications. These include the following: A proposed residence in the Twilight Meadow Subdivision along Highway 550 which is noted as a potential debris flow area on our County Geohazards Map. Proposed solar panels to be placed on the rooftop of an existing residence in the Twilight Meadow Subdivision along Highway 550. Proposed septic system repair, installation of a water system, and solar panel(s) at an existing cabin near Eureka. Aj proposed residence and associated improvements on a Lot in the Genoa Lode Subdivision, at the intersection of CR 2 and Arrastra Gulch. Aj proposed residence and associated improvements on an existing Tract in the Know Your Neighbor Subdivision, near Lime Creek Road. Two applications for proposed driveway improvements which are very incomplete. Review ofa new, revised access agreement between the County and Sunnyside, to cross County land for sampling, monitoring, drilling, and testing ofthe Mayflower Mill tailings ponds. Receiving an overabundance of emails and phone calls about County parcels and various mining claims, mostly from persons about to close on real estate. The Town/County Building Inspector Bill MacDougall and the Town Planning Department Assistant Clark Thornhill are assisting with some of the various County Planning Department work, and this time ofyear includes some County site visits before snow prevents access. During a recent site visit the Building Inspector and I noted several County violations, while we are experiencing a lack of time/staff for enforcement (some common County examples are fences, zircons, signs, RVs, mining reclamation issues, and septic issues). The Building Inspector and I have been dealing with three separate County violation sites this week, involving fence, gate, signs, RVs, driveway grading, and occupation of outbuildings with no septic system. The Planning Department is making arrangements for a County Historic Review Board site visit tentatively scheduled for September 9 on Ophir Pass. There are Town and County projects being conceptual designed at both ends of the Shrine Road. The Planning Department has been assisting several people who are trying to prepare County Page 1 of2, Staff. Report for BOCC, L. Adair, September 4, 2021. Improvement Permit or Land Use Permit Applications, namely by informing them what needs to be submitted. There is mining reclamation occurring just outside the edge ofTown removing hot spots from the tailings below the Lackawanna Mill. Town Recent Projects The Town Board will hold a Public Hearing September 13 to consider approval of an application for a proposed duplex (a long term rental secondary dwelling unit) in the ED zone at 7th and Mineral. A person granted a variance in 1980 is ready to build the proposed addition, and the permit application review process is unclear. A variance application was submitted to convert a shed into a residence on a non-contorming parcel. The owner of an under-construction fourplex structure has applied for a Town Resubdivision to create four townhome parcels. In Blagues Addition there is a proposed land transfer and a street abandonment involving wetlands. A packet is being created by the Planning Department regarding the legal documents. There are three projects in the early stages of development on both sides of 5th Street between Snowden and the County's Anvil Mountain Subdivision. Some involve proposed rezoning or annexation. Block 63, at 7th and 8th, Mineral and Cement, has a third application, just submitted, for a proposed long term rental secondary dwelling unit, in the ED zone (which was intended for light industrial). The Planning Department staff has been working with the Town Master Plan Committee who met on August 24, along with the non-profit organization Community Builders; and a DOLA grant was just received, to update the zoning section oft the Town Municipal Code in coordination with the consultant Gabe Preston of RPI in Durango. The Town has approved moving the part time trainee to a full time position, as of September 1, for the new Town Planning Department Assistant Clark Thornhill. Having a second full time person in the Town/County Planning Department will benefit the County, as well as the Town. There are two Town variance applications incoming, both involving RVs/tiny homes on wheels. There have been questions over permitting ofe existing food trucks and vegetable stands in the Town and County. Coordination with the new Town attorney team to clarify in writing for an applicant that a proposed condominium project does require a Town Planned Unit Development (PUD) Application. A letter from the school was received, addressed to the Planning Commission, regarding concerns over parking congestion, parking signs, and pedestrian safety around the school Block. Planning and Building Departments have recently become involved in the affordable housing discussions, and we are starting to meet weekly with others regarding that critical community issue. Proposed infrastructure plans were submitted for a site at 8th and Snowden. There are two other proposed infrastructure projects being developed in that area. Budget season is beginning SO the Town staffi is starting work on the proposed 2022 budget. The Town/County Planning Department staffis working on the applications (tentatively three) which will be presented to the Planning Commission on September 21. The Commissioners/cttzens can contact me with any Town/County Planning Department questions at: work cell phone (970) 946-9408 or work email address ladair@silverton.co.us" Page 2 of2 2, Staff Report for BOCC, L. Adair, September 4, 2021. SAN JUAN COUNTY ROAD DEPARTMENT Monthly Road Maintenance Report AUGUST 2021 County road #110 Gladstone, grading, clean ditches and clean up some on mudslide areas etc. 20 tons gravel trammed and spread. 1-772G grader, 26 hours. 936 loader, 4 hours. Pickups, 6 hours. County road #2 to Eureka, grading after rains most of the dust control washed away! Blade mudslide area. We will replace the culvert in the narrow spot it was damaged in the mudslide and we will widen the road a little there too. We might install a bigger culvert in the inside corner where the mudslide ran to handle the water better from the Sunnyside water ditch. Had to hire Rusty Melcher to remove debris out of Boulder Creek trees plugged culvert and water had to run through the upper emergency culvert!! 1-772G grader, 21 hours. 2-772G grader, 7 hours. 936 loader, 9 hours. Int. dump truck, 2 hours. Pickups, 4 hours. 25 tons gravel. County road #2 Animas Forks, Fill over rocks below the Fork so the BLM can get some restroom stuff and pump truck to work on restroom. Fill some holes and clean culverts. Blade lower end. 936 loader, 6 hours. 1772G grader, 1 hour. Pickup, 1 hour. County road #99 & CR-9 Picayune Gulch, back fill washed culvert and remove rocks. 936 loader, 3 hours. Pickup, 1 hour. County road #3 Stony Pass, road repairs and clean up mudslide damage and culverts on Rio Grande side and on Stony side road repairs and cut and clean ditches and try and improve road for a little while until the ATV's destroy it again. D6N tractor, 38 hours on Rio Grande side. D6N tractor, 37 hours on Stony side so far. Pickups, 16 hours, travel and fuel. County road #4 Cunningham Gulch, grading above the Highland Mary Mill and rock removal. 2-772G grader, 12 hours. Pickup, 1 hour. County road #4A Upper Cunningham, grade to Stony intersection. 2-772G grader, 4 hours. County road #8 Ophir Pass, grading and rock removal from second switchback to the highway. 1-772G grader, 8 hours. Pickup, 1 hour. County road #8A Ruby Basin road, clean small mudslide and remove rocks. 1-772G grader, 2 hours. County road #14 Brooklyn mine road, repair ditches and grade switchbacks after hail storm. 1-772G grader, 3 hours. County road #10 lower Corkscrew Pass, backfill over culvert and rock removal. 936 loader, 1 hour. Pickup, 1 hour. County road #21 Arrastra Gulch, grade and clean and repair ditches. Backfill edge of road where water damaged road edges. Rock removal etc. 1-772G grader, 5 hours. 936 loader, 2 hours. Pickup, 2 hours. County road #21A Little Giant Basin, Unstick tractor with Rusty Melcher excavator to dig around D6T and level it out and build a road to let her tractor walkout! Repairs road and rebuilt section where tractor was stuck. Melcher's bill $840.00. D6T tractor, 14 hours. Melcher's excavator, 6 hours. Pickups, 2 hours. County road #22 River road, blade and repairs and fill small washouts and rock removal. 936 loader, 2 hours. 772G grader, 2 hours. County road #35 Prospect Gulch, grade lower end and clean up small mudslide. 1-772G grader, 1 hour. Equipment Maintenance and Repairs, 50 Hours. blew tire on 1-72G grader. The graders a re ready for 2000 hour services from John Deere. D6T tractor lost rock guards when off road need to replace. Oil changes and cutting edges etc. Mike Maxfield was off for 11 days due to illness and Covid 19 had to isolate! Dave Andrew's has been on comptime! vacation for 10 days! 9/3/2021 San Juan County, Colorado, records first COVID-19-related death The Durango Herald News LocalNews Nurion, & Worha Mast Maxien bineatin San Juan County, Colorado, records first COVID-19- related death Coronavirus updates for La Plata, Montezuma, Dolores, San Miguel and Archuleta counties By Kala Parkinson Journal staff writer Thursday, Sep. 2. 20217:53 Updated Thursday, Sep. 2, 2021 9:36 S 35 > 35 & S 100 > 100 & S 300 > 300 & S 500 > 500 Sedgwick Moffat Jackson Larimer Logan Phillips Routt Weld Morgan Grand Boulder Washington Yuma Rio Blanco Broomfield Gilpin Adams Garfield Clear Creek Denver Eagle Summts Arapahoe Jefferson Douglas Kit Carson Pitkin Lake Elbert Park Lincoln Mesa Delta Teller ELF Paso Cheyenne Gunnison Chaffee_ Fremont Montrose Kiowa Crowley Ouray Saguache Custer Pueblo San Miguel Otero Bent Prowers San Juatinsdale Dolores Mineral Rio Grande Huerfano Alamosa Las Animas Montezuma La Plata Costilla Baca Archuleta Conejos A state COVID-19 map showing one-week cumulative incidence rates, or new cases reported per 100,000 people by county, as of Thursday. Courtesy Colorado Department of Public Health and Environment X A 53-year-old woman died from COVID-19 in San Juan County, the county's first recorded death attributed tot the disease. the San Juan County Office uf Emergency Management said Wednosday. The woman was a part-time resident, the county agency said. htpsiIwww.durangoheraldcomlartidlesan.uancountyc.loradorecord-firsliskcowd1Prelateddec.deahnum.campagn-dalyneadinessuim.medium-. 1/3 9/3/2021 San Juan County, Colorado, records first COVID-19-related death The Durango Herald La Plata. Montezuma. Dolores and Arehuleta counties all fell intn the yellow level. San Miguel County was at Level hrange, with a one-week cumulative incidence ate of 465 reported cases per 100.000 people, The) eTe Rhetn - runt A Prasantion classifies all ix counties as having high community trnsmission rates, As ofWednesday: San Juan County had 86 total cases since the beyinning ofthe pandemic, according to data from the DPE, The county had a high ate oft transmission and a 5.885 7 virus positivity rate, AUmost 91 of the eligible population is fully vaccinated. according to the CDC. La Plata County The CDC reported 85 cases over the past seven days in La Plata County. with a +556 positivity cate and 69.356 vaccination rate. There have! been 4.737 total cases and 46 total deaths since the pandemic began. according to CDPHE data. That data showed one death in the past seven days. Montezuma County As of Wednesday. seven-day data showed 57 cases. with a 6.45 of positivity rate down from 8.51% last week. according to the CDC. No deaths were reported this week, and 59.36 oft the eligible population was fully vaccinated. State data showed that there have been 2,391 total cases in the county. and 29 deaths - none in the past week. Last week. the county announced that it would no longer post COVID-19 case updates toits website and Facebook page. Dolores County Dolores County has 40:357 ofi its eligible population fully vaccinated, CDC data showed. CDPHE data reflected 150 total cases in the county three new in the past week and one death, but no deaths in the past week. San Miguel County In San Miguel County, 41 cases were recorded in the past seven days. The county had a 3.3596 virus positivity rate, and 79.5 of cligible residents were fully vaccinated. Three people have died in the past week, and 1,039 cases have been recorded since the pandemic began. Archuleta County Twenty-tour cases. zero deaths and a 9.229 positivity rate were recorded in the past seven days, according to CDC data. The county's transmission rate was rated high. and 54.9%6 of the eligible population was fully vaccinated. Two deaths and 1,263 cases have been recurded since the pandemic began, according to CDPHE. vu mhn nisu MIRPINE RIVER MAUTION DISTRICI Upper Pine Fire in Bayfield aims to At LPEA andi Empire Electric, wildfires Durango man spared jail time over train 100 new first responders in a year are front and cenler road rage with eyelist Sep; 3.2021 Sep3.3 2n21 Seps .: 2021 nttps:/www.durangoherald.comlarticles/san-juan-counly-colorado-records-frst-covid-19-related-deathutm._campaign-dalyneadinesautm_medium-. 2/3