STAFF REPORT FOR THE BOARD OF COUNTY COMMISSIONERS PROPOSED ADAMS CABIN AND BOUNDARY LINE ADJUSTMENT THE RUBY PLACER, ANNIE LODE, AND NINETY SIX LODE OPHIR PASS REPORT DATE: MAY 7, 2022. MEETING DATE: MAY 11, 2022. FROM: PLANNING DIRECTOR. Project: Proposed Adams Cabin and Boundary Line Adjustment, on the Ruby Placer, Annie Lode, and the Ninety Six Lode, USMS No. 16941, County Road 8, Ophir Pass, San Juan County, Colorado. Application Type: San Juan County Improvement Permit Application. Applicant/Owner: Applicant Cameron Adams; owners The Lorraine LLC and The Kinley LLC. SUMMARY: The Sketch Plan County Improvement Permit application is adequately complete. The proposed improvements appear to comply with the Master Plan and County Zoning & Land Use Regulations. The site is accessed via County Road 8 (CR 8, Ophir Pass Road). The project site has an existing driveway. This is a proposal for one single family cabin, and associated improvements, on the 20-acre Ruby Placer. The application includes an avalanche study, water rights, septic system design, a letter from the State regarding the Ruby Mine (draining mine adit), wetlands clearance, etc. It appears the proposed cabin will be adequately screened with vegetation to limit the visibility oft the structure, as viewed from County Road 8. The application includes several drawings of what the proposed cabin structure will look like as viewed from County Road 8. There is also a proposed Boundary Line Adjustment, at the adjacent Annie Lode and Ninety Six Lode, to separate those claims from the neighbor's claims along County Road 8. The Applicant would then own the claims on the south side of CR 8, while the neighbor Mr. Popov would own the claims to the north of CR 8. It appears that the proposed Boundary Line Adjustment would not make any ofthe properties more "buildable, 99 nor: result in promoting the construction ofincreased proposed structures. No opposition from adjacent land owners has been received. The applicant has recently submitted some supplemental information. The application and supplemental information is attached. The Planning Commission has recommended conditional approval with the conditions in this report. The Planning Director suggests that you may conditionally approve this County Improvement Permit application. There are proposed conditions of approval for you to consider on the last page ofthis report. Master Plan: The County Zoning and Land Use regulations state: All applications for review under this Chapter will be examined initially to determine whether the proposal is consistent with the County's Master Plan. The 2010 Town/County Master Plan states: The patchwork of mining claims in the county is a predominantly natural backcountry landscape and access to the backcountry is intact. Private property rights are respected in San Juan County. Impacts of residential and commercial development on natural assets are mitigated. Where residential development occurs on mining claims, it is designed to cluster structures in focused growth areas and/or Page 1 of8 STAFF REPORT FOR THE BOCC, ADAMS CABINBOUNDARY LINE ADJUSTMENT, MAY 7, 2022. build them in low-visibility places outside of environmentally sensitive areas, visible and other scenic resources undeveloped and minimizing impacts on the environment leaving ridgelines Goal NES-3.4: Development in the unincorporated county except for mining (Page 20). reviewed for each site to ensure that the location, size, scale, and color of structures development will be reduce the impacts of structures on scenery as viewed from county roads or state are designed to This application appears to comply with the intent of the Master Plan and the highways. excerpts above. Comparison to the County Regulations: The County Zoning and Land Use Regulations state: Ifconsistent with the Master Plan, all applications will be reviewed to determine whether, the objective facts contained within the record before the reviewing body: based upon (a) The proposal will have any adverse impact on public health, safety, morals or welfare. The proposal is not expected to have an adverse impact on public health, welfare. safety, morals, or (b) Adequate potable water, is available or can be developed to safely support the proposed use, including fire control and suppression. The proposal includes a surface water rights filing, as well as aj profesionally-designed microhydro installation for the draining mine adit discharge which has already been evaluated by the CDPHE and Army Corps. As the Applicant is already aware caution already should used since the water contains metals and it should be retested/treated before human be and/or domestic use. ingestion (c) Adequate sewage disposal can be provided to. support the proposed use. A proposed septic system is designed, and has been approved in writing for construction. Excavation and observation of the required soil profile test pits occurred in the summer of All County permits are contingent on final septic system approval from San Juan Basin 2021. Health Department (SJBPH). Public (d) The proposed use will have any adverse effect on public or private property in the vicinity the development. of The proposed single family residential cabin is not expected to have a adverse on nearby public or private property. significant effect (e) The proposed use will have any adverse effect on scenic values, historic sites or. water or environmental quality, wildlife (including habitat, food. structures, air or erosion or other geological condition. sources, migration routes, hunting, etc.), The proposed single family residential land use is not expected to have a effect on scenic values, historic sites/structures, environmental significant adverse geologic condition. All quality, wildlife, erosion, or other proposed permanent developmentlimpovememts will have some level impact on scenic values, wildlife, and the environment. The application indicates that methods of of minimizing potential impacts are being incorporated into the design ofthe proposed improvements. The least visible location was selected based on the trees for and the avalanche study. There are some historic relics at the existing screening and rusted mining The site, including a draining mine adit equipment. Colorado Department of Public Health and the Environment (Mark Rudolph ofthe CDPHE) and the County Historic Impact Review Committee Fetchenhier, David Singer, Steve Rich, oft the HIRC) visited the site in summer 2021, (Scott to recommendations regarding the draining mine adit, waste rock pile, and the mining-related provide Page 2 of 8 STAFF REPORT FOR THE BOCC, ADAMS CABIN/BOUNDARY LINE ADJUSTMENT, MAY 7, 2022. historic site/relics. A letter from the CDPHE is attached. A letter from the Army Corps of Engineers regarding wetlands is also attached. A letter from the County HIRC is forthcoming. The Applicant will be required to comply with the requirements of all Local, State, and Federal agencies. The Application indicates that there are no plans to disturb any existing historic sites/relics. The historic information put together by the Applicant last summer for the HIRC is attached. f/g) Adequate road access exists or can be developed to ensure access appropriate to the use, including access for emergency: services. If access is via a private road, the applicant : shall apply for and obtain an access permit for the private road, from the relevant agency. County Road 8 provides direct access to the property. The site has an existing driveway constructed several years ago by aj previous owner. (h) Adequate utilities are or can be made available for the proposed use, unless deemed unnecessary or not practical. Adequate proposed utilities are being designed for the proposed single family residential use. (i) Adequate emergency. services exist to: serve the proposed use, unless deemed unnecessary or not practical. Approval of this application is not expected to cause the emergency services agencies to exceed their capacity or create an undue burden on those agencies. All County applicants are required to acknowledge that emergency services may not be available in a timely manner and my not be available at all. (y There are natural hazards which may adversely affect the site or the proposed use of the. site. The potential natural hazards at this site appear to include: -Avalanche: existing avalanche hazards which have been adequately evaluated by an avalanche expert in an attached Trautner Geotech avalanche study; -Floodplain: there could be some unmapped potential floodplain along the "Middle Fork of Mineral Creek" which is outside oft the proposed development area; -Wetlands: the Army Corps of Engineers has provided a letter which appears to indicate no wetlands will be impacted by the proposed development; -Geohazards: the County Geologic Hazards Map indicates that the site may have some potential DF Debris Flow which was then evaluated by an Engineering Geologist in the attached report from Trautner Geotech; -Wildfire: wildfire risk would be present at this site like most mining claims, because of existing trees. The County regulations require land owners to balance proposed vegetative screening with wildfire fuels reduction, using the Colorado Firewise guidelines; -Potential mining-related hazards: the site has a draining mine adit (water coming out of an old collapsed mine shaft) as well as one or two mine waste rock piles. The CDPHE and Applicant have coordinated to reduce the risk ofthe proposed improvements negatively affecting public health and/or environmental quality. The water and/or waste rock appears to have some metals and contaminants as noted in the CDPHE letter. The water may need treatment for domestic use. Collapsed/blocked mine portals usually possess a potential risk for a catastrophic or dangerous blow-out, sO proposed development, improvements, and human recreation at/below adits blocked with talus should be avoided. Page 3 of8 STAFF REPORT FOR THE BOCC, ADAMS CABIN/BOUNDARY LINE ADJUSTMENT, MAY 7, 2022. County Road & Bridge Comments: The driveway to the proposed building envelope is existing. It was built about ten years ago by a previous owner and was permitted by a former County Planner, the County Road & Bridge Department Supervisor, and the Army Corps of Engineers. The existing driveway intersects with and is visible from CR 8. The driveway heads downhill from the lower edge of CR 8, and the driveway provides access down towards the proposed building envelope and the Middle Fork ofMineral Creek. The Application includes correspondence from the County Road & Bridge Department Supervisor. The Applicant is aware the County does not plow CR 8, but the Applicant should submit the County form known as the "Relationship to State Highways" form (which includes an acknowledgement that the County does not plow that road). There must be an existing gate too close to the County Road, which the County Road and Bridge Department Supervisor and the Applicant have agreed to move this summer. The County Zoning and Land Use Regulations state: Gates, posts, or permanent manmade structures shall not be built within thirty feet from the edge of a County roadway. The gate should be relocated in accordance with both the County regulations, and the requirements oft the County Road & Bridge Department Supervisor, whichever is more stringent. In some cases, the Supervisor may decide that a gate needs to be further than the required minimum distance of 30 feet from closest edge of County Road. The Planning Commission discussed the gate when they recently reviewed this Application, and their recommendation regarding the gate is specified below. Application Fee: The application included a receipt from the County Treasurer for the paid County application fee of $840. Cabin Square Footage: The existing ground surface elevation at the middle of the proposed building footprint is approx. 10,320 feet. Since the site appears to be located below 11,000 feet elevation, the County's cabin square footage limits (1,000 square feet of maximum "Floor Space" above 11,000 feet elevation using NAVD 1927) do not apply. Historic Sites/Structures: There are some existing historic sites, structures, relics present at this site. The County Historic Impact Review Committee (HIRC) visited the site in 2021. The letter from the HIRC summarizing their sommenasiomnguivients has been requested, and it will be attached to this report ifit is received in time. Adjacent Land Owners: The adjacent land owners were notified by mail by the Planning Director on April 1 using the attached letter and envelopes provided by the Applicant. No inquiries or opposition has been received. Boundary Line Adjustment, Lot Consolidation Plat, Future Development Potential: The Applicant is requesting a Proposed Boundary Line Adjustment. This will divide his from the neighbor's property along the existing County Road 8 (Ophir Pass Road). The property Applicant will then own all the nearby private land on the southern/downhill side ofCR 8, while the neighbor (Mr. Popov ofPilatus LLC) will then own all ofthe northern/uphill private land adjacent to CR 8. The affected claims would be the Annie Lode, the Ninety Six Lode, the Jay Lode, and the Branch Lode, all are filed under US Mineral Survey Number (USMS No.) 16941. A draft Boundary Line Adjustment Survey Plat is attached. Approval oft the proposed Line Adjustment does not appear to make any of the sites more "buildable." Approval Boundary of the Page 4 of 8 STAFF REPORT FOR THE BOCC, ADAMS CABINBOUNDARY LINE ADJUSTMENT, MAY 7, 2022. proposed Boundary Line Adjustment does not appear to facilitate additional future proposed structures. County regulations currently specify up to one cabin per family. Any additional proposed structures beyond one per family requires a Subdivision/PUD Application review process. To limit future proposed development when an Applicant has more than one claim, the County typically requires a Lot Consolidation Plat. The properties owned by the Applicant are currently held in two separate LLCS. One claim has aj potential mining liability associated with the former Ruby Mine. That claim is isolated from the others for liability reasons sO that it is not legally tied to the proposed cabin site. In lieu ofthe normal Lot Consolidation Plat the Applicant was asked to and has recently presented an alternate method to the County in writing to limit further development on the claims owned by The Lorraine LLC and the Kinley LLC (which was suggested to be comprised of a Proposed Conservation Easement and/or other legal documents). Mr. Popov is the neighbor involved with the Proposed Boundary Adjustment and he has confirmed his knowledge of and agreement with the Proposed Boundary Line Adjustment. It may be advisable for the resultant Annie Revised Lode and Ninety Six Revised Lode to contain at least five acres (and the applicantsurveyor have confirmed that is the case). The applicant's supplemental information reçently submitted has clarified the above conditions are being met. Planning Commission Review: The Planning Commission reviewed the Improvement Permit Application for the Proposed Adams Cabin on April 19. The Planning Commission recommended conditional approval of the Proposed Adams Cabin and associated improvements on the Ruby Placer with the conditions of approval written at the end ofthis staff report. They added some text to Condition number 4. They advised that the existing gate should be relocated to a location which will allow for a vehicle to temporarily park on the driveway, and/or without obstructing County Road 8 traffic. In a second motion they approved the Proposed Adams Boundary Line Adjustment of the. Annie Lode and Ninety Six Lode. A letter is attached, summarizing the recommendations oft the Planning Commission, prepared by Planning Commission Secretary Christine Tookey. Legal Notice: A Legal Notice for this May 11 Public Hearing was published in the Silverton Standard & Miner local newspaper on April 28 and a copy ofit is attached. Supplemental Information: The Applicant has recently submitted some supplemental information, which is attached. It includes a report updating the application, acknowledging the conditions ofapproval, a "Relationship to State Highways" form, and a slightly revised site plan (showing the updated proposed gate location, and the County Road Easement along CR 8). The supplemental information does not constitute any "significant" changes to the proposal, nor create any new potential issues. The current proposal remains consistent with what was reviewed by the Planning Commission on April 19. The supplemental information is some recent documentation demonstrating the applicant is continuing to finalize the details of the proposal. The Board of County Commissioners has the following options for actions: (1) Conditionally approve this Improvement Permit Application for the Proposed Adams Cabin and Boundary Line Adjustment. There are proposed Conditions of Approval for you to consider below, ifyou choose to conditionally approve this application. Page 5 of 8 STAFF REPORT FOR THE BOCC, ADAMS CABIN/BOUNDARY LINE ADJUSTMENT, MAY 7, 2022. (2) Denial of all or part of this Improvement Permit Application for the Proposed Adams Cabin and Boundary Line Adjustment. Ift the application is denied, then it is advisable to note the County regulation(s) with which the project does not comply. A reason for a denial may be the potential visual impacts ofthe proposed cabin as viewed from nearby County Road 8. (3) Table the application, because there is a critical piece ofinformation missing that the Board of County Commissioners needs before making a decision. In this case, it is advisable to specify for the Applicant what missing documentation is needed. Staff Recommendation: The Planning Director suggests that the application appears to be in general compliance with the Master Plan, and the County Zoning and Land Use Regulations. The Planning Director suggests that the Board of County Commissioners can conditionally approve this Improvement Permit, with the proposed Conditions of Approval listed below. County Improvement Permit, Proposed Adams Cabin and Boundary Line Adjustment, Ruby Placer, Annie Lode, and Ninety Six Lode, County Road 8, Ophir Pass, San Juan County, Colorado - Proposed Conditions of Approval for the Board of County Commissioners to consider are the following: 1. Compliance with all applicable State and Federal regulations is required as a condition of this County Improvement Permit. Any State and Federal permits that are required for the proposed development shall be obtained by the owner prior to commencement ofthe work. Those may include: permits required from the San Juan Basin Public Health Department, CDPHE, Army Corps of Engineers, stormwater management, Colorado Firewise wildfire reduction guidelines. 2. The property line shall be staked/clearly marked, with caution tape or survey flagging, to create a temporary construction fence, prior to any excavation or. work that is anticipated to occur within 30 feet oft the project site property line. The purpose of marking the property line adjacent to nearby proposed construction is to prevent heavy equipment, or the limits of construction disturbance, from trespassing, and to prevent the construction of the proposed improvements from extending beyond the required minimum setback, or onto adjacent land. 3. The owner shall provide "adequate screening" oft the proposed structure and improvements as viewed from County Road 8. A site visit by County staff shall occur during or after construction, and the County staff may require the owner to install additional screening, typically including the planting ofe evergreens, if the visibility oft the structure is found to exceed the minimal anticipated visual impact. The land owner, ifi not agreeing with the County staff requirements, may have the proposed County staff screening requirements reviewed by the Board of County Commissioners, for a final determination. 4. The owner shall comply with the requirements of the County Road & Bridge Department Supervisor regarding the existing driveway and the proposed relocation of the existing gate. County regulations require that all gates are at least 30 feet away from the closest edge ofthe nearby County Road. The existing gate shall be relocated to allowfor the temporary, parking ofone vehicle off ofthe County Road. (Text in italics was added by the. Planning Commission). Page 6 of 8 STAFF REPORT FOR THE BOCC, ADAMS CABIN/BOUNDARY LINE ADJUSTMENT, MAY 7, 2022. 5. The owner shall comply with the forthcoming written recommendations oft the County Historic Impact Review Committee. 6. Any ground mounted or pole mounted solar panel(s), and other proposed improvements, shall be adequately screened in accordance with the County regulations. 7. The proposed cabin, improvements, and any proposed solar panels shall be placed in locations that are least visible, as viewed from nearby County Roads and public trails, as permitted in accordance with the avalanche expert's study and recommendations. 8. The Proposed Boundary Line Adjustment appears acceptable, but a more legible Plat is required as well as existing and proposed acreage information for the Annie, Ninety Six, Jay, and Branch Lodes and Revised Lodes. In lieu ofthe typical Lot Consolidation Plat limiting future development rights the Applicant shall submit aj proposed legal document or Conservation Easement document for County review. The Applicant shall obtain written acknowledgement from Mr. Popov of Pilatus LLC stating he is aware ofand agrees with the Proposed Boundary Line Adjustment. Applicant is encouraged to obtain, review, and legally clarify if needed, any existing or proposed access Easement Deeds that may be associated with the existing driveway to the Ruby Placer, prior to finalizing the Boundary Line Adjustment Survey Plat. 9. San Juan County requires reseeding of any disturbed soil ground surface with certified noxious weed free native seed. The reseeding shall comply with the applicable San Juan County Zoning and Land Use Regulations. 10. San Juan County has "dark sky" lighting requirements. Proposed lighting associated with this project shall comply with the San Juan County Zoning and Land Use Regulations. 11. The land owner shall comply with all San Juan County Zoning and Land Use Regulations. In particular please refer to Section 4-110 which has specific requirements for all Improvement Permits. The violation ofSan Juan County Zoning and Land Use Regulations, State regulations, or Federal regulations, shall cause this County permit to be void. If requirements differ, the most stringent shall apply. 12. The owner shall follow all recommendations of the avalanche expert and study, and geohazard expert and study, and is encouraged to consult with those professionals regarding the final proposed louationsoriemtationdesign of the proposed structuresimpovements, for a follow-up review and/or recommendations, prior to construction commencement, septic system installation, an/or foundation concrete placement. 13. The building materials and the exterior colors for the proposed structures (cabin and shed) shall be non-reflective, muted, neutral, natural colors, which are compatible with the adjacent existing natural terrain, and shall be in accordance with the County Zoning and Land Use Regulations. Page 7 of 8 STAFF REPORT FOR THE BOCC, ADAMS CABINBOUNDARY LINE ADJUSTMENT, MAY 7, 2022. 14. All on-site trash shall be contained in a bear proof container and/or enclosed structure. The land owner will not be required to sign up for Town of Silverton water and sewer billing, because the proposed improvements include water rights and a septic system. The land owner will be required to sign up with the Town of Silverton for the standard refuse transfer station billing. 15. In accordance with the County Zoning and Land Use Regulations, the owners and applicants hereby acknowledge that emergency services may not be available in a timely manner, and may not be available at all. 16. Any vacation rental usage at this site is prohibited at this time, and this approval is only for single family residential use. 17. Additional Conditions of Approval the Board of County Commissioners would like to add. Lisa Adair PE Town/County Planning Director Silverton/San Juan County Colorado LAdir@siverton.co.us Page 8 of 8 SNVERTON STANDARD CO 81433 (or call 970-387- 5766) during regular business hours to review the application. Published in the Silverton Standard and the Miner PUBLIC HEARINGS NOTICE is hereby given to the members of the general public that the San Juan County Colorado Board of County Commissioners will hold two Public Hearings at the San Juan County Courthouse, 1557 Greene Street, in Silverton, CO, on Wednesday, May 11, 2022, to receive public comment on the following two Applications: (1) 10:20 AM = Improvement Permit Application, Proposed Anesi Cabin, Carolina Mil Site, County Road 33, near Deer Park, San Juan County, CO, submitted by Applicants Nick and Frank Anesi; the purpose of the appliçation Is to obtain approval of a proposed cabin and associated improvements. (2) 10:40 AM - Improvement Permit Application, Proposed Adams Cabin on Ruby Placer, and, adjacent Proposed Boundary Line Adjustment on Annie & Ninety Six Lodes, County Road 8, Ophir. Pass, San Juan County, CO, submitted by Applicant Cameron Adams; the purpose of the application is to obtain approval of a proposed cabin, associated improvements, and adjacent boundary line adjustment. NOTICE is further given that all persons may present written! oral testimony regarding these two Applications, prior tol during the Public Hearings. County Applications, Meeting Agendas, and virtual Zoom meeting instructions are posted on the Gounty website. Çitizen comments may be sent by email, mail, phone, or hand-dellvered to: Town Hall, 1360 Greene Street, PO Box 250, Silverton, CO 81433. Gontact Town/County Planning Director Lisa Adair (970) 946- 9408 LAdar@sleron.co.us) with any questions/comments about these Applications. Published in the Silverton Standard & Miner: April 28, San Juan Regional Planning Commission SAN JUAN COUNTY TOWN OF SILVERTON Silverton, Colorado 81433 P.O. Box 223 April 19, 2022 Board of County Commissioners San Juan County Silverton, CO 81433 Members of the Commission: RE: San Juan County Improvement Permit Application Proposed Adams Cabin on Ruby Placer, & Proposed Boundary Line Adjustment Of the adjacent Annie & Ninety-Six Lode USMS No. 16941, CR 8, Ophir Pass San Juan County CO At a regular meeting ofthe San Juan Regional Planning Commission on April 19, 2022, members of that Commission discussed the Improvement Permit Application regarding proposed Adams Cabin and Boundary Line Adjustment on the Ruby Placer, Annie Lode, and the Ninety-Six Lode USMS No.16941, CR 8, Ophir Pass, San Juan County, CO. The Applicant, Cameron Adams was present on zoom; owners The Lorraine LLC and The Kinley LLC are applying for a proposed single-family cabin and associated improvements on the 20-acre Ruby Placer. The application includes an avalanche study, water rights, septic system design, wetlands clearance and a letter from the State regarding a draining mine adit from the Ruby Mine. The project site has an existing driveway. Included in the application is a proposed Boundary Line Adjustment at the adjacent Annie Lode and Ninety-Six Lode to separate those claims from the neighbor's claims along County Road 8. The Applicant would own the affected claims on the south side of CR 8, while the neighbor, Mr. Popov (who was present via Zoom), would own the claims on the north of CR 8. After discussion, questions and presentations from the Town/County Planner, and the applicant, the Planning Commission voted unanimously to recommend to the San Juan County Commissioners that you approve the Improvement Permit Application for the proposal as submitted, with the sixteen conditions outlined from the Town/County Planner and an additional condition for a gate SO that there would not be blocking on County Road 8. At this time the Planning Commission members made a motion to recommend that you also approve the Proposed Boundary Adjustment ofthe adjacent Annie and Ninety-Six Lodes USMS No. 16941. This motion passed unanimously. 1 The Summary and conditions from the Town County Planner are included. Thank you for considering this recommendation. Sincerely, The Planning Commission Members and Jim Weller Chairman 2 Town of Silverton SAN] JUAN PO Box 250 COUNTY Silverton, CO 81433 PO Box 466 Silverton, CO 81433 April 1, 2022 Dear Silverton/San Juan County Property Owner, The Town/County Planning Department in Silverton, San Juan County, Colorado, has received several applications, and you have been identified as an Adjacent Land Owner. A property you own is located near one of the project sites listed below. You are under no obligation to reply to this letter or take any action as this time. ANESI County Improvement Permit Application, Proposed Anesi Cabin, Carolina Mill Site USMS No. 5569B, County Road 33, near Deer Park, San Juan County, CO. RUBY PLACER County Improvement Permit Application, Proposed Adams Cabin, Ruby Placer USMS No. 16941, County Road 8, Ophir Pass, San Juan County, CO. RAINBOW GARAGE Town Architectural Review Overlay District (AROD). Application, Proposed Structure, adjacent to the existing Rainbow Garage (TNT) Building, Lots 21-24 Block 44, to be constructed at the corner of 10th and Greene Streets, Silverton, CO. BARGER Town Rezoning Application, Proposed Barger Rezoning, Existing Car Wash, and Proposed Mechanic Shop and Employee Housing, Lots 13-14 Block 45, 124 East 9th Street, located at the corner of 9th and Blair Streets, Silverton, CO. These applications (and several others) will be reviewed by the San Juan Regional Planning Commission, at 7:00 PM, on Tuesday, April 19, 2022, at the San Juan County Courthouse. Ifyou are interested in an application listed above, you may view the applications on the local Town and County governmental websites, or contact the Town/County Planning Department. The Town Applications above are being posted on the Town of Silverton website (under the following Tabs: Departments - Planning Department - Pending Applications). The County Applications above are being posted on the San Juan County Colorado website (under the following Tabs: County Government - Building & Planning - Proposed Additions/Applicetions). Page 1 of2 As an Adjacent Land Owner and citizen, you may submit written and/or verbal comments regarding these applications, before and/or during the meeting. Comments can be sent to the Planning Department, using the contact information below. As an Adjacent Land Owner and citizen, you may attend the meeting, to listen, or to comment on an application. The meeting is open to the public. Local meetings are currently taking place in person and also via free Zoom meeting software. Ifyou need assistance with using Zoom, you can contact the Planning Department. Ifyou would like to attend the upcoming meeting, here is the Zoom Meeting ID Number: San Juan Regional Planning Commission, Begins at 7:00 PM, on Tuesday, April 19, 2022. Zoom Meeting ID Number 921 3647 3203 The Planning Commission is an "advisory" board that makes a recommendation. t The final decisions to approve or deny these Town and County Applications will be made at a later date, by the Town Board, or by the County Commissioners, during Public Hearings (which are expected to occur in May 2022). Please contact the Planning Department if you have questions or comments. Thank you, Lisa Adair PE Town & County Planning Director Silverton & San Juan County Colorado Office Located at Silverton Town Hall Mail written comments to: Town of Silverton, PO Box 250, Silverton, CO 81433. Hand-deliver written comments to: Town Hall, 1360 Greene Street, Silverton. Email comments to the Town/County Planning Department at: LAdair@ailverton.o.us Town Hall work cell phone: (970) 946-9408 Page 2 of2 Townof Silverton SAN JUAN COUNTY PO Box 466 PO Box 250 Silverton, CO 81433 Silverton, CO 81433 970-387-5766 970-387-5522 September 8, 2021 To: SAN JUAN COUNTY COLORADO County Historic Impact Review Committee. 31 Members + 1 Alternate. 1. Scott Fetchenhier (387-5312, 769-3682) 2. Steven Rich 3. David Singer (799-2834) 4. (Alternate) Beverly Rich (387-5781) Hello County Historic Impact Review Committee (HIRC) Members: I hope you are all doing well. We have an upcoming site visit tentatively scheduled for Thursday September 9 or Friday September 10 to see a site (the Ruby Placer) with historic relics, located on Ophir Pass. Ihave not heard back from some ofyou, to confirm our exact date/time/details. There are documents attached regarding the Ruby Placer. The date and time of the site visit is up to you, dependent on how this might fit in with your busy schedules. An idea is to meet at Town Hall to carpool. I have put the phone numbers above, for those ofyou for whom I have contact info, as you might wish to call each other directly about this site visit. Iam not sure ifyou need me to drive you and/or accompany you. Ifyou might need me to drive and/or attend, I would propose we meet at Town Hall at 10 AM on Friday September 10. Because of Covid, the transportation to the site should probably consist of several vehicles, rather than one vehicle. Iwould recommend masks and windows down during the ride, just as a precaution. The applicant has provided the attached paperwork. The applicant's paperwork indicates he wants to have zero disturbance to the historic features at the site. The site has a new existing driveway and I believe you all know where it is located. When you finalize your plans to meet, please "keep me in the loop" on what day/time, ifyou would like me to attend or drive you to the site. IfI attend on Friday at 10 AM I may be able to bring along the Building Inspector and the new Planning Assistant. Thanks, Lisa Adair, 970-946-9408 ladir@silverion.co.us) 15 All dates related 10 thel application submittal, public notice, shall review, bc noted approval, in the denial, permit issuance and/or other aspccts of the project file by the County. .16 The amounts and payment ofall fces. be in connection with Scctions 3 - 7 Any and all information which may required 103 and 3 - 104 for a given case. 18 Proof that all property taxes levied against the property have been paid and thal unredcemed Certificates of Purchase associated with the property. there are no 3-1 103 POSSIBLE REQUIREMENTS of exist for specific instances Applicants are reminded that a variety specific requirements and regulations beyond those specificd in Section 3 - 102, involving possible requirements submittals mayalso from federal, state, special districts or municipal jurisdictions. Specific While the list bc required for Chapiers 7, 8, 9, 10, or 11 regarding special impact analyses. to cover the incorporated in the application for Improvement or Use Permit is designed uniform it cannot bc deemed an exclusive list of most common and requirements; and it is not purported to bc such. Depending requirements for all possiblc circumstances, other agency upon the typc of activity, development; improvement or use being proposed, to, watcr approvals OT clcarances may bc required for items such as, but not limited discharge, potablc water sources and cicarances for utilities in relation to railroad or highway right-of-way. Thesc, and other similar items, may be incorporated as prerequisites for the granting ofan improvement or Use Permit as applicable under this Code: 3 - 104 CONSTRUCTION AND BUILDING CODES ADOPTED The Board of Commissioners may, on occasion, adopt various codes rclating to construction and buildings. Thc provisions ofany code sO adopted apply to applications submitted under this Regulation. The most stringent provision of any code on regulation applies. 3-105 HISTORIC IMPACT CLEARANCE It is the intent of this provision is to protect and preserve the historical assets of the area including historic structures, sites, and other cultural assets within San Juan County. Applicants are required to obtain clearance from the Land Usc Administrator regarding any possible impacts on historic sites or: structures prior to the issuance of an Improvement or Usc Permit. The procedure for obtaining this clearance is as follows: I The Land Use Administrator shall submit copies of all maps, plans and drawings San to the Tlistoric Impact Review Committec. This committee is established by Juan County Resolution 94 - 4 for the purposc of revicwing applications for the impact on historic Improvement or Use Permits and detenmining potential sites and structures. Page 3-6 2 The Historic Impact Revicw Committea, within thirty (30) days of receiving a request for review, shall provide the Land Use Administrator with a written recommendation regarding the proposed improvement or usc as it relates to the historic site and structures. 3 The Land Usc Administrator and the applicant shall then review and discuss the rccommendations from the Historic Impact Review Committee. Ifthe applicant accepis the Committee's recommendations and agrees t0 act in accordance. then the Land Use Administrator shall approve the Historic Site Impact Review portion of the application. 4 Ifthe applicant does not accepl the recommendations from the Historic Impact Review Committee or for any reason bclieves that the recommendations arc excessive or inappropriate, the Land Use Administrator shall direct the applicant to utilize the Review and Appeal Process detailcd in Chapter 12 of this Code. 3. - 106 HEALTH IMPACT CLEARANCE Applicants for an Improvement or Usc Permit arc required 10 obtain clcarance from the Land Usc Admmistrator regarding possible impact on public health prior to the issuance of thc permit. The procedurc for obtaining this clearance is as follows: . Whenever an improvement, activity or use is proposed which may adverscly affect the health of humans or animals, including wildlife, in a substantial or significant way, the applicant shall address the potcntial health impacts of the proposed activity in writing as part of the permit application. 2 Any application for an activity, improvement or usc which may pose a potential health impact may be referred by the Land Use Administrator to the County Nurse, the Department ofHealth, or any other entity for revicw, comment and/or suggestions for minimization ofthe potential health impacts posed by the proposed activity, improvement or use. Such comment, if any, shall be submitted to the Land Usc Administrator within thirty (30) days after" thc written request for same. .3 Among the health impacts which shall bc addressed and reviewed pursuant to this provision are dust, chemical or other contaminants, fumes, smoke, noise, pollution ofair, water or soil, and any other identifiable risk or hazard to humans or animals, including wildlife. 4 Any applicant who proposes an activity, improvement or use which involves the production, usc, handling or transport of any material which has been identificd by any public agency as a potential health risk, incluiding but not limited to any materials deemed hazardous by any governmental agency, shall be required to address whether alternatives exist for any part of the proposed activity, improvement or usc so as to minimize any health risks which may be associated with the proposal. It is specifically thc intention of this regulation, whenever feasible, to require that an applicant utilize the least harmful alternative for any activity, improvement or use proposed. Page3-7 : a a 5 1 - a E 4 . I - 5 8 : a - 4a :e 4: & - it 31 : sa) a a 1 seu a an 1 Bi i 1 li 1 * : 9 : A / 3 FOuS ANoUg 109. SW 2 qus, sog 1H69L Sn 8 I - 2 2 - A a 1i I I - - 4 1 I - t i 1 . - : 1 5 - - ANI - L * - 3 L - 4: : feorjs - 1 3 06 2 A a L 4TA MN "S 1dn 3 SV a gahe HPAL SH 6 ! 1 I 4. 6 - a $ - I 1 $ : : I bei 1 S N $ 11 - - 5A : -1 1/11 Q4s 40t equedes 6691 To the San Juan County Historical Review Board: Hello, My name is Cameron Adams. My family and I are planning to build a cabin on our property, The Ruby Placer", which is located off of Ophir Pass road, about 1.5 miles west ofhwy 550. There are remnants ofthe old mine on the property. I am requesting a site visit by the historical review board prior to my submittal of a land improvement application to the county. This will allow the board to conduct their review before the weather conditions prohibit a thorough review of the site. The opinion rendered by the board will then be submitted with the formal application in the fall. Out ofr respect for the time and energy oft those involved, I have compiled a briefing packet summarizing the historical data I can find on the mine, myi intentions with the property and pictures of the historical objects I have found on the property. Ihope that it is useful in preparing for a productive site visit. Ilook forward to meeting with the review board on the property. Not only do I want to ensure compliance with county regulations, but I would also love to learn more about the history ofthe property, I recognize the historical objects on this property are part ofthe visible narrative oft the region's history and I would like the board's help in preserving this small piece of that narrative. I welcome the insights and suggestions ofthis board. Please do not hesitate to contact me with any questions or comments. Sincerely; Cameron Adams 949-424-4780 - Historical Overview Miners enjoying a picnic lunch at the Ruby Basin Mine, early 1900's Information on The Ruby Basin Mine and Tunnel Company is rather limited, afar a E have been able to piece especially what can be found from during pandemic. together a rough history of the mine and have found a few artifacts, like the picture above, from the local archives. The Ruby Basin Mining and Tunnel Company began operation right around the turn Placer was along with 12 other claims in 1904 of the 20th century. The Ruby patented (see the original survey plat attached). According to articles in the Silverton in 1904 and regularly Standard, the mill was constructed on the Ruby Placer Ore articles). produced 60 tons of concentrated ore per day (see attached newspaper: was primarily lead but also contained gold and silver, The mill was electrified through the use of hydroelectric power in 1905. The mine employed 40-60 workers during that period. Along with the mill, a few houses were built onsite. From there the written history of the mine drifts into relative obscurity. One can guess that it became unprofitable in the mid teens and shut down during World War land the Spanish Flu epidemic that followed. would love to find more information on that missing period. The mine went by the names "The Ruby Basin Mining and Tunnel Company', "The Searches those Ruby Mine", - The Ruby Basin Mine" and, later, the "Ruby Trust". using names have come up empty for the period after 1905. Modern information on the mine starts in the 1980's with EPA data on the quality of water emanating from the collapsed mine portal. Water flow and quality has been relatively constant since that time. The Mine Today and Anticipated Impact Boilerand machinery on the site today Today, the site consists oft the remnants ofat least part ofthe mill including the boiler, associated machinery and some dilapidated timbers, The vast majority of A few objects have slid down the historical objects can be found near tailings piles. hill and have been incorporated to the landscape. It is our intention that no historic objects are moved or altered in any way. We appreciate the historic component of this property and want to preserve it. Please, reference the site map below with circles around each historical object. The numbers correspond to pictures of each site, which can be found in the appendix. 6 / 0 - 03 a Satellite image ofThe Ruby Placer Note that the majority ofthe. remaining historic objects can be found under circle 2 near the existing driveway. Please compare thatmap with the rough site plan for our proposed improvements found below. The red line is the driveway, blue lines are the hydroelectric system and the yellow box is the building envelope. 976 - 2 oA a A Satellite image of Ruby Placer with locations of proposed improvements Note that the driveway is the only improvement that comes close to historical objects. The main point of concern is by circle 2. Here the driveway will need to be re-graded to make it passable to emergency vehicles. There will be earth moving equipment in the area ofthe boiler and collapsed building but I do not anticipate the road coming any closer to those objects. Re-grading the banks ofthe driveway should allow for effective reseeding of the area and will result in a more natural setting as well. With that said, care must be taken to prevent accidental injury to the site during construction. The hydroelectric system will have a weir installed about 20 yards below the collapsed mine portal. No historic objects are in that area other than the portal and tailings piles themselves. Below the weir, a pipe will run along the surface between the tailings piles and then underground to a buried turbine vault. This project may require approval from other agencies. Its impact on historic sites should be nil. The cabin will be built well below all the historic objects on the property. We have no plans of renting this cabin out (a vacation rental would be subject to an additional permit issued by the county) and only plan on using it with friends and family. There will be no hoards of uninformed tourists crawling over historic sites. Just a few people enjoying the outdoors and appreciating the history of the area. There will be a gate blocking unauthorized motor vehicle access to the driveway. However, no attempt will be made to block pedestrian access to the property so long as iti is not a problem. Therefore do not anticipate any loss of public access to the historical portions oft the property. Appendix PLAT Originals survey plat Current Survey of parcels owned by the applicant Collapsed mine portal (circle 1) Pictures of mill site taken from circle 2 on historlc objects map Picture taken at circle: 3 Picture taken at circle 4 U Silverton Standard ounis 3V BrRAroS. Oosenso, Dunas 14. 4503 Novsis 4 - = S g fe ad VN palls, la ead aleelad MGHY (bay wil ol. :: - . ins E E ES AND : : E a - mi - a E sts: ala ; T Aaburs Cnllue Goll a) yaar a i MU T a P " y y fali as . - et a - B ane. 4 l e si laur. 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J.1 Baw. - ml de - - M as h - s e M - las T w Daye ia Trank Flar - E : E W, -np denl, : E - Ms. : * , n E Ju 4a le :1 Al mi la a A P: : 1e E 1 e - May fer - B - 5 : h je mis fu n I af Ful 1 - B e PV i 4164 aC l a a - - - fie ae - a a - M - LAN N E b : : V 55 : 4 : Jas - S - - - SUPPLEMONTAL JyfoRmAnen CAMERONS APAns MAY 2ozz dma Addendum 1. Narrative and Written Response to Conditions of Approval 2. Relationship to State Roads Form 3. Updated Site Plan to Include Gate Location 4. More Legible BLA Plat 5. Signed Statement of Commitment Improvement Permit Application Proposed Adams Family Cabin The Ruby Placer TBD County Road 8 Township 41 N, Range 8 West, Section 4, NMPM MS 16941 E E - 11 48 4 - PEKPRCTDE-MENT PEENPETIVE-SOL TII EE - 3) PFRMPECTIE-FINT PERNPECTIVE- NORTH Applicant: The Lorraine, LLC Cameron Adams, Member 3107 E. Louise Ave Salt Lake City, UT 84109 (949) 424-4780 Submitted: 03/22/2022 Table Of Contents Part I: Improvement Permit Application 1. Introduction to the Property Owners 2. General Documentation A. improvement Permit Application B. Survey Plats (original and current) C. Property Deeds D. Tax Receipt E. List of Adjacent land owners F. Endorsement Letter from Adjacent Landowner 3. Improvement Plan A. General Narrative B. Zoning Maps C. Vicinity Map D. Site Plan E. Building Sketches F. Hydropower Sketches 4. Reports and Impact Analysis A. Historic impact B. Health impact C. Road Impact D. Scenic Quality Report 5. Hazards A. Avalanche Hazards B. Geotechnical Hazards C. Flood Hazard D. Fire Hazard 6. Other Approvals and Regulations A. CDPHE Letter B. USACE PCN Approval Letter C. SJBHD Septic Permit D. SWWCD Notice of Intent 7. Part Il: Boundary Line Adjustment Application A. Project Narrative B. Supporting Documentation 8. Appendix A. Avalanche Study Letter from the Applicant To Whom it May Concem: Allow us to introduce ourselves. We are Cameron, Christa, Annalise (6) and William (4) Adams. We have one more kid on the way via adoption (a process that makes a county improvement application look like nothing). Cameron is a pilot for Delta and Christa works at the local children's hospital as a nurse practitioner. We live in Salt Lake City. As a family, we love spending time hiking, climbing and skiing in the mountains around Salt Lake. Cameron grew up in a family focused on the outdoors and, with Christa's help, he has made it his mission to get the kids to love the mountains. So far it's working pretty well, though skiing with the kids still involves plenty of crying. Christa has always loved the outdoors as well but grew up on the beach. She has been steadily converting to the mountain life. Only a few years ago did we discover the San Juan's. Since that discovery, we have essentially vacationed no where else. Every time we go, we love it more. The hiking and back country skiing are incredible. The scenery is unrivaled, the wildlife unmatched, and the history of the area adds icing to the cake. We have had a long running dream of owning a cabin and it became clear that this was the spot. We purchased the Ruby Placer and surrounding claims in 2020 and intend to build a cabin on the Ruby Placer as a legacy for Cameron's parents, who loved the outdoors but passed away a few years ago. There names were Kinley and Lorraine (the names of the LLC's which technically own the properties). This cabin is meant to stay in the family for generations to come. With the privilege of owning this property comes the responsibly of protecting the property. We take that responsibility seriously and have worked hard to protect the natural environment through diligent planning of the improvements to come. We wish to be considered stewards of this property, not owners. We would also like to be part of the Silverton community, not just visitors. Please stop to chat when you see us walking around town. Let us know how we can help in town or the mountains that surround. Basically, just consider us neighbors. Thanks for taking the time to consider our application and we look forward to your feedback. Sincerely; Cameron, Christa, Annalise and William Section 2: General Documentation 1. Improvement Permit Application 2. Current Survey 3. Original Survey 4. Quitclaim Deeds 5. Applicable Receipts 6. List of Adjacent Landowners Improvement Permit Application Saa Joan County, Colorndo Application for Improvement Permit Name Cameron Adams, APPROVAL CHECKLIST Initial Date I Member 3 - Address 3107 E Louise Ave. (949) 424-4780 Land Use Administrator Salt Lake City, UT 84109 Phone Ownership of Surfice Name The Lorraine. LLC Ownenhip of Minerals - Address o 3107 e. Louise Ave. (949) 424-4780 Vicinity Map Salt Lake City, UT 84109 Phoue Certifled Sarvey Plat Name Moaumentation Address Baske Plan Map Pbone Plans and Drawing Legal Description of Property: Road Syuten Relationship Zonlng Compatiblity Ruby Placer Mining Claim State Mining Permit Parcel # 48270040040001 Near County Road 8, 1.8 miles west of 550 Owner Notiflcation Avalanche Hazerd Geplogle Hazard Floodplala Hazard Wudare Harard Township 41N, Range 8W, Section 4 Mieral Resouree Impact Nature ofl Improvement Planned: Wildlife Impaet 1. Improve and extend existing driveway to build Hatorlc Site Impsct site. Waterabed Gearmace 2. Construct micro-hydro system to power proposed cabin 3. Construct 1 single family residence with County Baildlng! Imspector applicable infrastructure and garage. 4. Clear trees necessary for fire break and Bulldlng Permit infrastructure. State Electrical Inspeetor Land Use Zopet Mountain Zone below 11,000 ft Electrical Permit Applicant Signature San. Juan Basin Health Vait Sewage Disposal: Test Cameron Adams, Member, The Lorraine, LLC Desig, Date Application Requested Central Sewage Collection Date Submitted for Permit Statel Division of Water Resources Date Permit lsued Adequate Water Source Date. Permit Denled Well Permit Resson for Denlal Centnal Water Ditribution US. Forest Service/BLM Access Approval State Divislon of Highways Recept FBE PAYMENT AI Dee Driveway Permit Application Bullding Permlt Subdivaloa/PUD Subdivision Varlance Hearing Notice Sabdivialon Approval PUD Approval Current Survey - a 2 - - a 1! à - I A! # 1 a 1 P 1: 1! 2 - a 0 - MS 1694 Seplember 6 MS 18941 Snows Shoe € 3 1 & € 1 8 Ceca 10800 3 afoor) I - 1 n a - I 1 - B * / Original Survey (Includes parcels not owned by the applicant) 4 -076) PLAT HE ar o - a - la 1 Le L Electronically Deeds Regeids ID. County 2osCA Date 2020 Time 7:S1AM QUITCLAIM DEED This QUITCLAIM DEED, is made as of the 31st day of August, 2020, by and between RUBY PLACER, LLC, a Colorado limited liability company, whose address is 319 Willow Dr., Durango, CO 81301 ("Grantor") and The Lorraine, LLC, a Colorado limited liability company, whose address is 3107 E. Louise Avenue, Salt Lake City, UT 84109 ("Grantee"). WITNESSETH, that GRANTOR for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and quitclaim unto GRANTEE, all OfGRANTOR's right, title and interest in and to that certain property more fully described below and by this reference made a part hereof (the "Property"). A parcel of land identified as San Juan County, Colorado parcel number 48270040040001, and legally described as the Ruby Placer Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 in Book A5 at page 361, Red Mountain Mining District, County of San Juan, State of Colorado. TOGETHER WITH all and singular the rights and appurtenances thereunto belonging or in any manner appertaining to the same, including but not limited to the following: the mines, minerals, lodes, ledges and veins within the lines of mining claims comprising the Property, their dips, spurs and extralateral rights; all minerals of every kind and character, whether base, precious, metallic. nonmetallic or otherwise, lying in, on or under the Property; all severed ore, and improvements which may be situated on the surface of or located within the Property; all rights-of-way, easements, permits, licenses, permissions and other authorizations affecting access to the Property or the right to conduct operations therein and thereon. TO HAVE AND TO HOLD the Property above conveyed and described, with the appurtenances, unto GRANTEE and its successors and assigns forever. This conveyance is subject to all easements, restrictions, reservations, and other matters of record as of the date hereof. GRANTOR hereby covenants and agrees to execute and deliver to GRANTEE all such other and additional deeds, assignments and other instruments as may be necessary to more fully and effectively convey to GRANTEE the interests intended to be conveyed by this instrument, which covenant together with the representation made herein are intended to and shall survive the execution and delivery oft this instrument. IN WITNESS WHEREOF. GRANTOR has executed and delivered this Quitclaim Deed as of the day and year first above written. GRANTOR RUBY PLACER, LLC (. 7 By: Gregg Donaldson, Dhner/Mans's Menber Acknowledgements STATE OF COLORADO ) - SS. COUNTY OF LA PLATA dhy This Quitclaim Deed was acknowledged before me, a notary public, on this 22 day of A at 2020, by GREGG DONALDSON, who is personally known or has been identified to me to be the person whose name is subscribed to the above instrument, as Mawsglg Mewber of Ruby Placer, LLC, Witness my hand and official seal. Amy A Milofsky NOTARY PUBUC STATE OF COLORADO NOTARY ID 19924013000 Emey AMAR4 MY COMMISSION EXPIRES Seplember 22, 2024 Notary Public My commission expires: 9264 Recorded Electronically ID 153008 County, a n Date gt6 Time 7:51Am Voc Re 3.50 QUITCLAIM DEED This QUITCLAIM DEED, is made as of the 31st day of August, 2020, by and between RUBY BASIN LAND CO., LLC, a Colorado limited liability company, whose address is 319 Willow Dr., Durango, CO 81301 ("Grantor") and The Kinley, LLC, a Colorado limited liability company, whose address is 3107 E. Louise Avenue, Salt Lake City, UT 84109 ("Grantee"). WITNESSETH, that GRANTOR for and in consideration ofTen Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and quitclaim unto GRANTEE, all of GRANTOR's right, title and interest in and to that certain property more fully described below and by this reference made a part hereof (the "Property"). A parcel ofland identified as San Juan County, Colorado parcel number 47770330040003, and legally described as the Annie Lode Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 in Book A5 at page 361, Red Mountain Mining District, County of San Juan, State of Colorado; and A parcel of land identified as San Juan County, Colorado parcel number 47770330040012, and legally described as the Ninety-Six Lode Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 in Book A5 at page 361, Red Mountain Mining District, County of San Juan, State of Colorado; and A parcel ofl land identified as San Juan County, Colorado parcel number 48270040040002, and legally described as the September Lode Mining Claim, MS 16941 as described in Patent recorded November 3, 1905 in Book A5 at page 361, Red Mountain Mining District, County of San Juan, State of Colorado; and A parcel ofland identified as San Juan County, Colorado parcel number 48270040040003, and legally described as the Snowshoe Lode Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 in Book A5 at page 361, Red Mountain Mining District, County of San Juan, State of Colorado. TOGETHER WITH all and singular the rights and appurtenances thereunto belonging or in any manner appertaining to the same, including but not limited to the following: the mines, minerals, lodes, ledges and veins within the lines of mining claims comprising the Property, their dips, spurs and extralateral rights; all minerals of every kind and character, whether base, precious, metallic, nonmetallic or otherwise, lying in, on or under the Property; all severed ore, and improvements which may be situated on the surface of or located within the Property; all rights-of-way, easements. permits, licenses, permissions and other authorizations affecting access to the Property or the right to conduct operations therein and thereon. Property Tax receipt for The Lorraine RECEIPTS Date Time: SAN JUAN COUNTY TREASURER 2/28/2022 3:04:02PM Tax' Year / Statement #: 2021/3520 Tax Distriot: 101 101 Value: 21,750 Paroel #: 48270040040011 CAMA #: N2730 Property Type: MN Land Nbhd: Blook: Lot: LORR00001 Taxing Authority Mill Levy Amount LORRAINE LLC, THE 101 County 19.703000 428.55 101 SCHOOL DISTRICT #1 13.896000 302.24 Cameron Adams 101 SOUTHWEST WATER CONS 0.407000 8.85 3107 E LOUISE AVE SALT LAKE CITY, UT 84109 Owner: LORRAINE LLC, THE Legal: RUBY PLACER 16941. FORMERLY PARCEL 48270040040001. Taxes Pald ReceiptA # Payment Date Tax Descr. 1st Half 2nd Half Interest/ /Fees Total Comment 370 01/28/2022 AdValorem 369.82 369.82 0.00 739.64 Grand Total Pald 739.64 Tender Collected Payment Date Check Pald Cash Pald Card Pald AAE/Rev. Pald Change Operator Pald By 01/28/2022 739.64 0.00 0.00 0.00 0.00 Deanna Jaramillo ADAMS CAMERON & CHRISTA Remaining Penalties Remalning Fees Remalning 1st Half Remaining 2nd Half Remaining Total 0.00 0.00 0.00 0.00 0.00 Page 1 of1 Property Tax Receipt for The Kinley RECEIPTS Date Time: SAN JUAN COUNTY TREASURER 2/28/2022 3:02:24PM Tax Year / Statement #: 2021/3519 Tax Distriot: 101 101 Value: 19,467 Paroel #: 48270040040010 CAMA #: N2729 Property Type: MN Land Nbhd: 1 Blook: Lot: KINL00001 Taxing Authority MIILevy Amount KINLEY LLC, THE 101 County 19.703000 383.56 101 SCHOOL DISTRICT #1 13.896000 270.52 Cameron Adams 101 SOUTHWEST WATER CONS 0.407000 7.92 3107 E LOUISE AVE SALT LAKE CITY, UT 84109 Owner: KINLEY LLC, THE Legal: ANNIE 16941, NINETY-SIX 16941, SEPTEMBER - 16941, SHOW SHOE 16941, COMBINED FROM FORMER PARCELS 47770330040003, 47770330040012, Taxes Pald Recelpts Payment Date Tax Deser. 1st Half 2nd Half Interest/ / Fees Total Comment 369 01/28/2022 AdValorem 331.00 331.00 0.00 662.00 Grand Total Pald 662.00 Tender Collected Payment Date Check Pald Cash Pald Card Pald AAE/Rev. Paid Change Operator Pald By 01/28/2022 662.00 0.00 0.00 0.00 0.00 Deanna Jaramillo ADAMS CAMERON & CHRISTA Remaining Penalties Remaining Fees Remaining 1st Half Remalning 2nd Half Remalning Total 0.00 0.00 0.00 0.00 0.00 Page 1 of1 Improvement Permit Receipt San Juan RECEIPT County 11/15/2021 County Treasurer: Deanna Jaramillo Date: 11/16/2021 Paid By: CAMERON ADAMS Station: 1 Description: IMPROVEMENT PERMIT-RUBY PLACER Cashier: 1 System: Cash Receipting Receipt: 1534 Reference: THE LORRAINE LLC Payment Method: Cash: $0.00 Checks: $840.00 Credit Card: $0.00 Wire: $0.00 Wire No.: Amount Tendered: $840.00 Card Type: Account Number: Expiration Date: Change Retumed: $0.00 Total Paid: $840.00 Check No. Name Amount 459 CAMERON ADAMS $840.00 Trans. Receipt Code Fund Ledger Description Operator Amount 1534 GenRct (010)COUNTY GENERAL FUND 0100010000 CASH ACCOUNT $840.00 1534 GenRct (010)COUNTY GENERAL FUND 0100041804 LAND USE FEES - IMPROVEM C $840.00 Slgnature List of Adjacent Land Owners RUBY BASIN LAND CO LLC PILATUS LLC INDEPENDENCE LAND TRUST LLC 319 WILLOW DR 702 PATTERSON AVE PO BOX 26982 DURANGO CO 81301-7573 AUSTIN TX 78703-4724 TAMPA FL 33623 KINLEY LLC, THE; cloCameron Adams LORRAINE LLC, THE; cloCameron OUTLOT PINES LLC 3107 El LOUISE AVE Adams 702 PATTERSON AVE SALT LAKE CITY UT 84109 3107 E LOUISE AVE AUSTIN TX 78703-4724 SALT LAKE CITY UT 84109 11-11-2021 Dear Lisa, Willy, and Commissioners: Iam writing this letter in support of the improvement permit application submitted by Cameron Adams, owner of the Ruby Placer claim. As an adjacent landowner, and as a local, I feel comfortable with his plans as I understand them and fully endorse approval ofhis application. Over the last year and a half, I have gotten to know Cameron and his family rather well. Mr. Adams is a fantastic neighbor and I wish him and his family many, years of happiness in our county. They are good people who love the outdoors and the San Juan Mountain's in particular. Conservationists by nature, they are trustworthy stewards of our beautiful mountains. Please reach out with any questions. Sincerely; uL Gregg Donaldson 970) 317-2707 Section 3: Site Plan 1. Project Narrative 2. Zoning Map 3. Vicinity Map 4. Site Plan 5. Sketches Project Narrative Legal Property Description Absent any boundary line adjustments, the applicant owns five contiguous claims through two separate limited liability companies. The Lorraine, LLC owns the Ruby Pacer Mining Claim (parcel 48270040040001). The vast majority of improvements will take place on this claim. The Kinley, LLC owns 4 additional lode claims which are contiguous to the Ruby Placer. Those parcels are The Annie 47770330040003, The Ninety-Six 47770330040003, The September 48270040040002), and The Snowshoe 48270040040003. Each claim resides in township 41 N, range 8 west, section 4 and can be found under ms16941. Approximately 57 acres are owned by the applicant before the proposed boundary adjustment takes place. Mineral rights are also in the possession of the applicant. The boundary line adjustment proposed in Part II of this application will change the acreage owned by the applicant. Upon approval, the adjustment will result in the Annie and Ninety-Six claims being partitioned along the county road. This will allow for a more logical barrier between the applicant and the property owner to the north. The total number of owners and potential structures will remain the same. After the adjustment the applicant will own approximately 48 acres split between 5 claims. Please refer to Part II for a detailed description of the proposed changes. Surrounding Area and Zoning Located in the mountain zone, the proposed build site rests at 10,300ft. No county overlay districts apply to this property. National forest borders the property on the east, south and west. Private property borders to the north and extends up the hillside. Setback requirements from private and public land will easily be maintained. The general landscape is characterized by dense mature forests to the north through east and open hillside punctuated by clumps of trees to the west. Topography ranges from steep hillside to nearly flat meadow. To the south and west of the build site is a wetland area created by the spring emitting from the collapsed mine adit which drains into the middle fork of mineral creek to the south. This wetland will only be infringed upon by a small driveway crossing and installation of the hydro power system. The Army Corps has been involved in the development of these aspects of the project. The impact created by this project is well within the limits of the Nation Wide Permit program. Though pre-construction notification was not required, it was attained as an extra step to assure regulatory compliance (see section 6). While the structure itself is clear of wetland areas, fiber rolls will be used throughout construction to ensure dirt and construction debris do not enter the adjacent wetland area. San Juan County requires a structure to be setback 40 ft from open streams and a 30 ft from fens (wetlands). San Juan Basin Public Health requires a 50 ft setback for sewage treatment areas. It is likely that two additional structures will be proposed in the future by the landowners to the north. The only existing structure in the area is the OPUS hut over a mile to the west. It is anticipated that the proposed structure on the Ruby Placer will not be visible to any existing or future structure (from what is known of the plans of the adjacent andowners). The applicant has every intention of maintaining good relations with his neighbors. Hazards The proposed build site rests within the shaded zone per the county avalanche map. An avalanche study was completed by the previous owner in 2017 and it clearly depicts the build site clear of known paths. More information can be found in section 5. The county geologic hazard maps depict a debris fan/flow on the build site as well. Trautner Geotechnical was recently commissioned for a field study. It was found that the build site is clear of the potential debris flow path, which coincides with the wetland area. The build site is on gently sloped terrain which does not require extravagant foundation engineering. Please reference section 5 of this application for further information on geologic hazards. The proposed structure does not lie in a flood plain. Flood maps can be found in section 5. Fire danger is ever present in the forest environment. Accordingly, Colorado FireWise has worked with the applicant on-site to develop a mitigation strategy tailored to the site. The wetlands to the south and west of the structure form effective firebreaks. Since fire moves uphill more aggressively, the trees downhill of the structure will be cleared. This cleared area will be utilized for the sewage treatment area. Trees uphill of the structure will only be cleared within 30 ft of the structure. Any tree within the cleared zone must be treated as part of the structure and have the applicable buffer applied to itself. Reducing the fire break radius on the north side allows for sufficient screening trees to remain and provides an acceptable break given topographic conditions. Aspens do not currently exist in the buffer zone but may be planted as they carry minimal fire risk. Beyond the cleared area, trees within a reasonable radius will be limbed to 6 ft of height and sick or dead trees will be removed. No vegetation will be within 10ft of the structure and the site will easily comply with section 4-110.15 of the land use code. The cabin itself will be designed with fire resistance in mind, the exterior design utilizing primarily non-combustible materials. Reference section 5 for more information. Build Site Selection The build site was selected as the best possible location on the property considering visibility from the county road, environmental impact, building and access feasibility, hazard potential and restrictions created by adjacent wetland areas. Most areas on the property cannot satisfy both the wetland setback requirements (30 ft to structure and 50 ft to septic leach field) and screening requirements when viewed from the county road. The site chosen represents the least visible site which meets setback requirements. On that site, the wetlands below prevent placing the structure further from the county road and screening requirements prevent moving the structure further from the wetlands. The resulting building envelope retains effective screening vegetation and is gently sloped allowing minimal grading and soil disturbance. Scenic quality will be further addressed in section 4 of this document. General Design and Standards Ron Bercovitz, an architect based in Durango, has been contracted to design the cabin and develop a site plan. The cabin will be constructed in a traditional/craftsman style with a subtle mining theme. It will be built using traditional foundation and framing methods. Exterior materials will include rock, rusted metal, cement fiber siding, reclaimed wood siding (either real or faux), and natural wood accents. Visible concrete will be kept to a minimum. The roof will be constructed with either brown/ grey standing seam metal roofing or rusted corrugated metal. All colors will be natural in tone. Windows will be of a low reflectivity design and no other reflective materials will be used. Most windows will face away from the public view and therefore should not significantly increase reflectivity or nighttime light pollution. Exterior lighting will only be employed to safely light entry doors and deck areas while the structure is occupied. Lighting will promote a dark sky environment and will comply with section 4-110.17 of the land use code. Exterior materials may change based on pricing and availability. Any material used will be natural or natural in tone and will avoid attracting attention. Comprised of a main level, small second floor and unfinished basement, the structure will stand about 32 feet tall when measured from the downhill edge. The downhill side of the structure will not be visible from the county road. When viewed from a public vantage point, the basement will not be visible and the structure will appear significantly smaller, measuring 22 ft above ground level. The approximate foot print will be 1500 sq/ft with a total of 2100 sq/ft total finished area between the main and upper level. Beneath the main level will be a mixture of crawl space and unfinished basement. A moderately sized deck will extend from the main level towards the downhill side. The cabin is designed to meet the needs of the applicant while limiting the visible size of the structure. Efforts include avoiding large and obtrusive exterior walls were avoided where possible. The second floor is contained within the roofline of the main level with the exception of two small shed dormers. Roof pitch was kept low to reduce ridge line height while allowing for proper water shedding to the sides of the structure. Finally, the entire structure was placed as low as possible relative to grade. No portion on the cabin will be silhouetted against the sky from any public vantage point. A small garage will be buried in the hillside adjacent to the cabin. This will allow it to remain entirely unseen from any public vantage point. The garage will also house the necessary battery and water treatment systems. Parking areas will also be obscured from view by the hillside. The required propane tank will be buried beside the garage or house in an area of foundation over-dig. Landscaping will be limited to revegetation efforts. While soil disturbance will be kept to a minimum, disturbed top soil will be segregated from underlying soils to the extent possible and redeposited across disturbed soils at project completion. A certified weed free native wild flower mix will be used in all disturbed areas where revegetation is required (driveway surface will not be revegetated in order to reduce fire risk). Native seedling trees will also be planted liberally to offset the environmental effects of clearing for the driveway and cabin. These trees will also create additional site screening in case existing trees should fall. These trees will be planted in ways mimicking a natural forest. Species include Aspen, Engelmann Spruce, Colorado Blue Spruce and Sub-Alpine Fir. Access and Easements Access will be via CR8 and a private driveway. During the winter months CR8 is impassable to wheeled vehicles. Ski in access or over snow vehicle access is possible using CR8 with due respect paid to avalanche conditions. No easement is required for access as all land between CR8 and the build site is owned by the applicant. A previously existing driveway will be utilized to the extent possible to avoid further disruption of the area. This existing driveway connects CR8 to the Ruby Placer via the Ninety-Six claim. It is in need of improvement and regrading to allow reliable passenger and emergency vehicle access. It will also need to be extended across a spring to the build site. The spring will be crossed at the least sensitive spot by the installation of a culvert. Plans for updating the driveway were designed to minimize the visual and ecological impact of the driveway. The new portion of the driveway is planned on a route requiring the fewest cuts and fills and is mostly invisible to users of CR8. Unfortunately, the existing portion of the driveway is visible to users of CR8. By regrading this portion of driveway, more effective revegetation can be accomplished and the scenic quality of the area improved overall. The use of imported road bed will be avoided to the extent possible. If required, local sources will be used to avoid a contrasting surface. A discrete steei pipe gate will be constructed outside the easement zone of the county road. No address sign will be posted. The gate will be out of view from CR8. A 60 ft easement exists and will be respected for County Road 8 which traverses the Annie and Ninety-Six claims, north of the build site. Additionally, an easement exists for the power lines north of CR8. Finally an easement exists on the Ninety-Six parcel to allow a private drive to connect to CR8A. Such access would be subject to a separate improvement permit by that landowner. No foot or recreational trails exist on the property. No fencing will be installed on the property with the exception of the driveway gate. Power, Water, Waste and Utilities Abundant power will be generated year-round from a micro-hydro system installed on the property. A backup propane generator will be installed for redundancy in an enclosed area. No solar panels are planned or anticipated. Please reference the USACE PCN approval and CDPHE letter located in section 6 as well as general description and construction plans contained later in this section. Water will be available from the spring emanating from the collapsed mine adit and accessed via the hydropower pipe. The water has been tested extensively and can easily be treated. All in home water will be treated. Reference the signed Notice of Intent from the Southwest Water Conservancy District located in section 6. Once the dwelling is built, the applicant will make the water right final in his name. Waste water will be treated by an engineered, gravity fed septic system which has been approved by SJBPH. This system will require periodic emptying of the septic tank. The driveway will improved sufficiently to allow for the required pumping vehicle. Reference the septic permit located in section 6. Heat will be supplied by a propane boiler system with the fluid being preheated by excess electrical power generated by the hydro-electric turbine. Under normal circumstances, minimal propane will be required to operate the system. During periods of unusually low electrical generation, the electric pre-heat function is load shed to preserve power for the circulation pumps. A wood stove will provide backup heat. Standard utilities are unavailable at this property. Trash will be internally stored and periodically deposited at the waste transfer station in Silverton or Ouray. Phone service will be available by either a cellular signal booster or a voice over IP system. Satellite internet will be installed should cellular signal boosting prove impossible. An emergency radio will be kept at the dwelling as a backup communication measure. Hydropower System Given the limitations of solar and the inaccessibility of the power grid at the site, a micro-hydro system is the most practical power source for this project. The system will generate 3-4KW continuously depending on water volume. This exceeds typical household electric needs by a wide margin. Therefore, excess power will be available to assist in heating the cabin, significantly decreasing propane consumption. Comprised of a diversion weir, pipe and turbine, the hydropower system will be nearly invisible to public view. First, a diversion weir will be installed to collect water near its source approximately 65 ft south of the draining mine adit. This weir will consist of a Coanda screen and collection basin which will look like a small spillway. As the spillway is only a few feet across, it will be nearly invisible. Secondly, an 8 inch HDPE pipe will carry water from the weir to the turbine 120 vertical feet below. Since the pipe descends over the waste rock piles, it will run above ground to avoid disturbing the waste rock. Once below the piles, it will be buried to shield it from view and protect it from damage. The pipe will not be visible from any public vantage point. Finally the water enters a turbine and is subsequently discharged back into its source stream at a native velocity. The turbine will be housed in a precast concrete vault which will itself be buried below ground level. Turbine noise will be contained by this vault which will be invisible to all but those standing on it. All water will be re-deposited into the source stream above the wet land area and will have no affect on the wetland below. The historical flow rate of this spring is between .6 and 1.6 CFS year round. Due to the variance in water volume, it is impractical to collect all water at all fiow rates. Under normal circumstances, the vast majority of the stream water will be redirected into the pipe. During periods of higher flow, more water will be allowed to flow uninhibited over the original spring course. The portion of the stream bed from which water will be partially removed is characterized primary as barren waste rock with almost no local vegetation. Theoretically, piping a portion of the water will improve water quality by reducing water contact with waste rock. Water usage for this project is considered non-consumptive as all the water is retumed to the stream and there is no evaporation loss. This non-consumptive use was included in the Notice of Intent signed by the SWWCD (see section 6). After construction is complete this non-consumptive use will be transferred to the applicant and decreed as a water right in court. Importantly, the generator will not be tied to the public power grid (no net metering) and the water used is entirely on private land. These details, among others, significantly reduce the regulatory burden placed on the project. All necessary approvals have been acquired with the exception of that from San Juan County, which this application seeks. Ken Gardner (formerly of Gardner Energy) has been contracted to design and install the hydropower system. Ken's company has completed numerous projects in Colorado and is on the state supplied list of hydropower contractors. For information beyond what is presented in this document, Ken may be contacted directly at (801) 589-0447 or via email at kensoar1230gmal.com. This system is truly a "win-win" with clean power supplied to a cabin and theoretical benefits to the water quality of the area. It also eliminates the need for unsightly solar panels or excessive trenching for grid supplied power. For more information on system design, refer to the general layout and schematics later in this section. For information on the environmental impact of the project, refer to section 4 and 6. Emergency Services Emergency services are inherently limited in the backcountry. While the driveway will be improved to allow for small emergency vehicles, response time will be variable and emergency access in the winter will be very difficult. Preparation is the best defense in this scenario. The applicant is very experienced in the outdoors and his wife is a nurse practitioner. Adequate emergency supplies will be kept onsite. Those supplies will be made available to anyone in need by keeping them in a weather proof box outside the home. Additionally, applicant is happy to work with EMS to coordinate the use of supplies and the home itself in emergency situations. A means of communication will be maintained by cell phone, intemet phone or emergency radio to coordinate emergency services. Use The proposed cabin will be used as a secondary home for the owners, their family and close family friends. Use of the property will likely be less than one week per month on average. The applicant has no intention of using the property as a vacation rental or long term rental. The applicant also has no intention of mining or disturbing mine debris in any way. Regular use of OHV's and firearms is not planned or anticipated. Except during the construction phase, no camper or trailer will be parked on the property for more than a few days and those occurrences will be very rare. No livestock will be kept on the property. The property will be left in its natural state beyond the aforementioned improvements. Parcel Consolidation It is the policy of San Juan County to limit each property owner to one dwelling regardless of acreage owned. This policy has historically been carried out via parcel consolidation. The applicant willingly accepts this restriction in principle but requests an altemative implementation method. The applicant owns his parcels via two separate LLC's. One, The Lorraine, owns the Ruby Placer while the other, The Kinley, owns the remaining claims. This was done to insulate the improvements on the Ruby Placer from the liability associated with the remaining claims through separate ownership. The only known or anticipated source of potential liability (albeit theoretical) is the draining mine adit, which resides on the Annie and Ninety-Six claims. Parcel consolidation would effectively remove that barrier, unnecessarily exposing the applicant to liability. Accordingly, the applicant requests consideration of altemative methods to restrict further development of the applicant's parcels, including deed restriction. Zoning map SEE MAPS MOUNTAIN Build-site ZONE The build site is just beyond the eastem boundary of zoning maps 4 and 5. Above is a cropped image of the zoning map index with an "X" over the proposed build site. As is visible in the image, the build site is in the Mountain Zone and outside the depicted overlay zones. OFFICIAL Z0N6 NC AC USE DISTRICT MAP OF B SPM VAN Couwry, OLORADO ERION ANGL E MAP a ADOPTED Tuu 343 WATERSHED MOUNTAIN PROTECTION DISTRICTS ZONE * Build Sitè a V - 7 ATERSHED PRCTECTION DISTRICT MOUNTAIN Zo NE - - SLVERTON DUP - - - - - - - - GrCcO Aulitli C.Nanmen OFFICIAL ZONING AND LAND USE DISTRICT MAP OF SAN TUAN COUNTY, COLORADO NGLE MAP . 5 5 aP 8) R8 W ADOPTED 0, 1993 R7W 25 29 28 27 %6 MOUNTAINE ZONE 33 $ 5 33 34 T42N Buld,Site o a RURAL RESIDENTIAL ZONE 3 8 do N 2 24 T41 MOUNTAIN ZONE 28 27 a6 as 30 8 L MOUNTATN ZONE 33 34, 35 36 31 3a 4 a 6 51 3 IO - 12 7 Io our T40N - D HISTORIC PRESERVATION DISTRICT XETN CXO n - - S- MINERAL RESOURCE DISTRICT Auiliinn C. No EXTENT OF TOPO SURVEY - - SECP 1ocut 2 nn PR30 SPR26 SE anup SPR 18 Satellite image with site plan overlayed. Note the location of trees relative to the structure. Those trees range from 30 to 60 feet tall and have been modeled into the following pictures. 4 a s à P 9 E N - - 8 9 58 g u $/18/2022 23052M BERCOVITZ DESIGNE - 16941 HOU SE ARE IS I 9 a a e BANJTANCOINT, COLORADO he % E a E a E E E E 318/2022 23058 PM - BERCOVITZ DESIGN 16941 HOU SE S 43 I a a CT NANJI ANCOU NTY,COLORIDO lo N a a a B WETLNDS Bou LA NOARY N LINE 8 B a 8 de % : - - S de - e 2 - - a 29 - 2 de A a a e & N B B . a - $/182022: 221:041 PM BERCOVITZ DESIGNE - 16941 AREE : la T I a & a. o a7 1-sa R SANJLA AN COUNTY, COLORADO (G N 3 - mt N. a N 3/16/2022 23087 PM BERCOVITZ DESIGN 16941 HOLSE - U I a a RRI RANJLANCOUNTI. COLORADO N R N 2-F 017 1 5 a - 5 22-1 6-9 9 : 6 RUDGE - a : - : a a & D a 2 P 8 5 E-4 10 z. a - : 8 ! E - - 1 : : a E I - 182022 M BERCOVITZ DESIGNE 16941 HOU SE 3 R I BANJUAN COUNTY, COLORADO 6 N (E N 13-0 56 E a * a : a S 3 a I K a 13- C 4 $ 3/18/2022 23058 PM BERCOVITZ DESIGNE 16941 OUSE : R. I a EI 6 SANJUAN cou NTY, COLORADO 435 (C N : N e a 8 - - 4 ROGE 112 - a 3/18/2022 250:581 PM - BERCOVITZ DESIGNE 16941 HOLSE AR CT I a. 706 $ a P RANJU AN COUNTY, COLORADO a 6 I 3/18/2022: 23050 PM BERCOVITZ DESIGN 16941 HOU 6E 5 a I & NAVJI AN con MTY. COLORADO & - a 3 K 118/2022 2:31 03 PM BERCOVITZ DESIGN 16941 HOL SE i - E JL AN Cou NTY, COLORADO e K RB E 4 a a - - s 3 * 3 - - 8 o e - 3/18/2022 2:31 08 PM BERCOVITZ DESIGNE 16941 HOU SE I 3 & 4 SANJLANCOL: NTY, COLORIDO 1 - - 2 K H a - a - A 7 * - - A E - I 7.7 o det d 93 85 3/82022 231 00 PM : BERCONITZ DESICNE 16941 HOUSE - 2 SA I BANJLAN COLNTY, COLORADO S 3 "z I - € - O i 2 HH * a - L K o 3182022 2311 09 PM 1 BERCOVITZ DESIGNE 16941 HOUSE ARS CTS I a a Ee MANJLAN COUNTY, COLORADO - * * 9 / / * 9 * * * 7 : * * : S à 1 : : - 3 $ - - A W a o 64 @ m E € 2 E € A a E - N a e € 3 - 5 e % e $ S 3 I a E HYDROELE ECTRIC DMERBION STHUCTURE GARDNER E HYDRO HMDROELE ECTAIC DMERBION STHUCTURE 5 - - - BME PLAN DETALB - Le - - NEARE BLV MITON COLORADO a - I : a Be B a a - 5 3 F E a de a S - a d 1: R 3 A 9 8 € 33 & d s a - F I E = 1 3 de - a5 1 : f 8 à derdn CAMERON ADAMS OAU a4 2 a3 Energy PAT PPVTO OATe AL HYDROELECTRC DMERBION STRUCTURE ao MA - COANDA DVERSION DETALS on MA 5 pec - NEAR 9L VEHTON, COLC ORADO 0 AMAIASCA a h a : NE H SP POAE P nay # a a a 2 a 3 I 5 E a * n E a - : 6 E: 2 N 3 : I a E : 1 19 S 15 € a a : a e 2 - + CAMERON ADAMS EVOCNE CAE A 3 DAT EGv DATP PSme HYDROELE ECTAIC TURBNE DmoN ALE 5 1 - VAULT DETALS MLE E 14401 oEED a NEAR SLVERTON COLORADO ovo AMDUOTA AA Aaa. Da 1 Section 4: Reports and Impact Analysis 1. Historic Impact 2. Health Impact 3. Road Impact 4. Scenic Quality Impact Historic Impact At the applicant's request, a review of this project's impact to nearby historic artifacts was completed prior to this application being filed. Please find the letter issued by the historic review committee below. The applicant appreciates the history of the area and that of the Ruby Placer specifically and has no intention of altering or detracting from the historical objects onsite. Health Impact Unfortunately, the mining that took place on the Ruby Placer a century ago did not just leave behind an old boiler and a toppled mill. It also left behind two large waste rock piles and a collapsed mine adit which is actively draining water. While the proposed structure will rest a considerable distance from these features, the hydropower system will necessarily interact with the mine water and will be constructed near the waste rock piles. Given this interaction, the applicant involved The Colorado Department of Public Health and Environment and The US Army Corps of Engineers at an early stage of the planning process. At the direction of CDPHE, a site-tailored environmental study was performed at the expense of the applicant. This study concluded that the water coming from the mine adit is surprisingly clean and that water chemistry and flow rates are stable when compared to historical measurements. The study also shows that the waste rock piles are consolidated and resistant to wind transport. Given the results of the study, entrance to CDPHE's voluntary cleanup program was not recommended. Please reference the letter from CDPHE in section 6. The main risk mitigation measure for this project is avoidance. The cabin will be sufficiently distant from the mine debris to be considered moot. The existing driveway comes to within 30 ft of the adit but will actually move 10 ft further away (downhill) during the regrading process. Driveway regrading will not cause soil destabilization near the mine adit and will not change the drainage pathways of the area. The portion of the hydropower system nearest the adit will be 60 ft distant. Excavation required for the diversion weir will be minimal and will take place above the waste rock piles. Water for the hydropower system will be diverted via a Coanda screen type weir which will require minimal excavation and will have virtually no effect on the surrounding area. Water collected by the weir will run through an above ground pipe over the waste rock piles to the turbine vault below. The pipe will be run above ground to avoid disturbing the waste rock and has the benefit of reducing water contact with the waste rock. Under normal circumstances, the vast majority of the spring water will be collected and piped but, especially in periods of high flow, excess water will flow over its natural course. CDPHE is satisfied with the plans for the hydropower installation as indicated in the agency's letter. The Army Corps's involvement has been limited to the effects of this project on water quality and the proximate wetlands. Accordingly, USACE has approved the applicant's pre-construction notification form. The PCN approval can be found in section 6. Road Impact Report No new connection will be made to any county or state road. The pre-existing driveway connects to CR8 (Ophir Pass Road) and the relationship of that driveway to the county road will not change. Accordingly, the county road supervisor has determined that an additional application and fee are not necessary. Please reference the email response from Mr. Girodo below. Currently, CR8 is used consistently in summer months to access Ophir Pass further up canyon. Traffic to/from the proposed cabin will limited to a few trips along CR8 per day when the structure is occupied. During construction, vehicle traffic will increase as will the weight of the average vehicle. Care will be taken throughout construction to avoid traveling while the road is water saturated. Given the width, condition and current usage of CR8, the road should not suffer significant impact due to the temporary construction or ongoing use of the cabin. As was mentioned before, the county road traverses the Annie and Ninety-Six claims. A 60 foot wide easement exists and will be respected. Currently a cable gate on the top of the Ruby Placer driveway is placed within the easement. That gate will be removed at the beginning of the construction process and will be replaced with a discrete gate outside the road easement. In the meantime, the applicant will not object to an damage done to the current gate by the county road crew. 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Each would like the proposed structure to be invisible to an onlooker from any public road or trail. The only public road in the area is CR8 (Ophir Pass Road). While this project will not be completely invisible from CR8, it will be difficult to see, especially for those not already acquainted with the location of the cabin. The location of the proposed cabin represents the least visible portion of the entire property referencing setback restrictions. Additionally, the applicant intends to improve screening by planting trees in strategic locations both near the structure and near the road where it traverses the property. No portion of any of the proposed improvements will be silhouetted against the sky when viewed from any pubic vantage point. Out of the build sites available on the property, the build site chosen requires the least disturbance of the surrounding area. The site is gently sloped while most areas in the vicinity are steeper (reference the topographic site plan in section 3). Less slope allows for less grading and less disturbed soil. It also allows for a lower profile building design. Soil that is disturbed will be redeposited and graded around the cabin. Top soil will be segregated to the extent possible and spread over the surface prior to revegetation. A certified weed free local wildflower mix will be used on all areas which have been disturbed (less driving surfaces). The cabin itself has been designed to minimize visual impact from the public vantage point. Utilizing a lower profile design, the structure will only rise 18 ft above grade when viewed from CR8 and will avoid aggressive design lines that attract attention. Made in a traditional style, it will be cladded with non-reflective, natural toned materials to further divert attention. Materials will include cement fiber siding painted in natural tones, wood accents, rusted and matte metals, rock, and concrete. The roof will be made of standing seam metal and colored dark brown or slate. Windows will not be highly reflective and will primarily face away from public view. The garage will be buried into the hiliside and will be completely invisible to the road. Parking areas will also be recessed into the hillside to avoid being seen. Exterior lighting will be downcast and very minimal. The driveway is the most visible portion of the project and can be split into new and existing sections. The new section will only be visible from the road for a brief period. Seedling trees will be planted to further hide that portion. A portion of the existing portion of the driveway is visible to CR8, when viewed from the west. By regrading the driveway and slopes adjacent to the driveway surface, more effective revegetation can be accomplished. Seedling trees will also be planted along the visible portion of the driveway in a way mimicking a natural forest (irregular spacing, clumps and clearings, etc.). These two efforts will improve the aesthetic qualities of the existing driveway considerably. Utilities on the site are limited to the hydropower system which will be all but invisible to public view. The diversion weir will be all but invisible from the road. An 8 inch pipe is required for the system which will run between two large waste rock piles, shielding it from view from all vantage points except directly below. The turbine will be buried in a small pre-cast concrete vault, placed near the driveway. This vault will contain any noise associated with the system and will be invisible to all but those standing on it. Drinking water will be sourced from the hydropower turbine manifold, thus negating the need for an additional pipe along the ground surface. Where feasible, power and water will run underground along the course of the driveway from the vault to the home to minimize soil disturbance. Historical objects on the property are unaffected by this project. The existing driveway comes near to the old mine boiler and will be moved slightly closer during regrading. Though closer, the regraded driveway will allow for a much smaller fill on the downslope side of the driveway which can be more effectively revegetated. Public view of the boiler is limited but should be improved by the improved driveway. Refer to the historic impact clearance letter located earlier in this section for more nformation. Below is a satellite image of the area. Red highlighter marks locations where the structure can be seen from the road. Two numbered locations correspond to the locations from which pictures were taken and subsequently enhanced to portray the structure. The image below is also marked with potential screening tree locations relative to the various features of the project. Since many locations of interest are outside the topographic survey and site plan of the project, the satellite image was used and marked with a rough representation of the site. dees. ac C ioed aces Proposed driveway Trees block view from west Clearing Buried Ca rage Proposed cabin Middle ForkMineral Creek Middle Fork Mineral Ciet As is visible in the image above, effective screening of the structure when viewed from the west is formed by a group of tall Spruce trees to the west. To the east there is both terrain and vegetation screening the structure. No public trail or road exists to the south of the structure. Outside the confines of the above image, the structure should not be visible from the road. A seldom used trail exists one mile west which accesses paradise basin from the switchback on the county road. Portions of this trail would have a view of the structure but at a significant distance. To the north terrain shape, spruce trees near the structure and Aspen trees near the road obscure the structure in all but three small windows (marked by red highlighter). In those locations, the onlooker needs to be within 8 feet of the south edge of the road and look down at a considerable angle to see the structure, which will be partially visible behind trees. More than 8 feet from the edge of the road, the road itself blocks the view down to the build site. Additionally, these viewing windows can effectively be closed by planting just a few medium sized trees near the county road (all on property owned by the applicant). An additional layer of screening can be added by planting several trees just north east of the build site and several more trees along the ridge further to the north east. Due to the terrain slope, trees planted further uphill are just as effective as those planted closer to the structure. Locations 1 and 2, as marked on the image, represent the locations where the structure will be most visible. Accordingly, they will serve as the vantage points for the computer enhanced pictures below. The existing portion of the driveway is clearly visible in the image above. The portions of the driveway between the second and fourth switchback are visible from the country road, west of the Ninety-Six claim. Liberal use of seedling trees will be made to camouflage this portion of the driveway. Revegetating the cut and fills associated with that driveway will also reduce its visual impact to the area. Due to cost constraints, planting a forest of 12 ft tall trees to serve as additional layers of screening is not practical. Larger and older trees will be planted where feasible near the county road as those locations provide the most effective screening. Other ares will employ seedling trees. At a fraction of the cost, seedling trees can be planted much more extensively and will provide a better visual environment over the long term. These trees will be watered initially to aid in establishment and quick growth. They will also have biodegradable rabbit guards placed around them to prevent wildlife damage during their first few years. Below are pictures taken both from and towards the build site. Pictures taken towards the build site have been computer altered to represent the structure proposed. This is the most effective visualization tool and therefore pictures of the building envelope flagged with approximate locations have been omitted. 0os4 Fan 041710107 LINI 10)NVArNVN * 5 607 w R -F $ H a V - E ! IF691 NDIS3C 711A03438 - WV 29196 ZDERZ 5 - - - - aI View point 1. No proposed screening trees are shown. This is visible for approximately 90 linear feet of CR8. Modeled trees replace actual trees removed in the computer rendering process and are accurately placed relative to the structure. Tree position can be verified on the satellite image one page prior. This condition is due the difficulty associated with placing a computed generated structure partially behind the actual trees in the image. This image was professionally developed and accurately represents the visibility of the structure. View point 2. No proposed screening trees are shown. This is visible for approximately 40 linear feet of CR8. Modeled trees replace actual trees removed in the computer rendering process and are accurately placed relative to the structure. Tree position can be verified on the satellite image two pages prior. This condition is due the difficulty associated with placing a computed generated structure partially behind the actual trees in the image. This image was professionally developed and accurately represents the visibility of the structure. View from location 1 when standing in middle of county road. Note the down angle required to view the structure (not shown). View from edge of clearing above the structure towards point 1 (road intermittently visible) View from structure towards point 2 (road barely visible) View from west side of structure towards CR8 up canyon (road not visible) Cumulative Impact The area around the Ruby Placer is mostly undeveloped. In the surrounding one mile there are approximately 40 claims, most of which would be considered unbuildable for one reason or another. Around 10 of those claims could have structures placed in a way satisfying county requirements, as they are understood. The majority of those buildable parcels are in the trees immediately north of the Ruby Placer and are all a part of the same original mine complex. Currently all those parcels are owned by three individuals, one of which being the applicant. So it is estimated that 3 structures will be built in the area in the next 5 years. All would be grouped in a relatively small radius and would be well hidden from the road. An additional parcel to the east of the Ruby Placer appears buildable and is owned by another individual. Of the parcels owned by the applicant, the Ruby Placer, the Annie and, to a lesser extent, the Ninety-Six are buildable. The September and Snowshoe have buildable envelopes but access is prohibitive. The Opus Hut is the only existing structure in the surrounding area and is approximately one mile up the canyon from the Ruby Placer. The hut sees significantly higher use than the proposed cabin as it is a bed and breakfast that is operated year-round. The applicant has every intention of being a good neighbor to the hut and its guests. Reference the parcel map below for a visual representation of the above description. The map has been annotated to highlight important features. A Ruby Plaper Potentially buildable A Properties within 1 mile of the Ruby Placer Section 5: Hazards 1. Avalanche Hazards 2. Geotechnical Hazards 3. Flood Hazards 4. Wildfire Hazards Avalanche Hazards The San Juan Mountains are renown for their avalanches. Nearly every comer of the range is at risk of an avalanche and the area around the Ruby Placer is no different. As can be expected, the property resides in the shaded zone of the INSTAAR map. See the map three pages below marked with an "X" over the build site. A site plan was not overlaid onto the image due to map scale. An avalanche study was commissioned by the previous owner of the Ruby Placer in 2017 and it remains applicable today. While the previous owner had different build sites indicated on the avalanche study, the current proposed build site is clearly visible in the necessary images. The avalanche study can be found in its entirety in the appendix as it is too lengthy to insert here. In summary, the build site is clear of existing and potential paths though it is adjacent to a very large and destructive path to the west. That path ran in historic proportions several years ago, after the study was completed. Notably, the avalanche precisely followed the course and distance predicted by the study. The avalanche debris visible in the satellite imagery below clearly shows where the flow stopped. In order to impact the build site, that debris would have had to travel another 265 ft horizontally and approximately 75 vertical feet uphill in a direction 45 degrees from the direction of flow. While the build site may be clear of avalanche paths, the access route to the property is not. Two major and one minor path must be crossed to gain access to the property from highway 550. These paths can be crossed quickly and the point of crossing is not in a typical initiation zone. Still, care must be taken as to what time of day and in what conditions the paths should be crossed. The Colorado Avalanche Information Center is a great planning resource and will be utilized by the applicant and his guests. Also the applicant is an experienced backcountry skier who has completed level and I avalanche courses. The applicant understands that there will be rare times when accessing the cabin cannot be safely accomplished and is prepared to alter travel plans accordingly. Refer to the following images to gain a better understanding of the avalanche risk of the area. Then reference the avalanche study in its entirety in the appendix for further information. Build Sie 265 t horizontal 75 R Vertical at Minerar creLx Midde Fork Mineic Amateur Depiction of Recent Historic Avalanche Note the similarity between the actual avalanche debris location and the predicated path in the image below. T2 TI North Lookout Ridge 679 RP 3 PLACE Ruby Forest 1976 ( 2017 Google Image from Trautner Geotech avalanche study. Red "X" marks proposed build site. Black lines indicate potential avalanche fiow. * 1/41 LA 4437 un OPHIR QUADRANGLE COLORAO MINUTE RESS TOPOGRAP HIE Build Site :e Clear Lake Geotechnical Hazards The build site rests on the edge of a "DF" (debris fan or flow) area of the county geologic hazards map. A geotechnical study was performed by Trautner Geotech in the fall of 2021. The findings indicate two things. One, that the build site is clear of the potential debris flow hazard and, two, that the hazard itself is relatively small. Essentially the debris flow potential is co-located with the mine discharge and the wetland area it creates. The hydro power system will be exposed to the debris flow as will the driveway at the point of the spring crossing. In the unlikely event of a debris flow, both of those features can be repaired or replaced with relative ease. The installation of the hydropower system and the driveway crossing are not anticipated to destabilize the slope in any way. The structure itself will be professionally engineered for the slope on which it will reside. Since the build site has been verified to be outside the debris flow zone, no additional foundation or structural reinforcing is anticipated at this time. Reference Trautner Geotech's evaluation and the county geologic hazards map on the following pages. The hazard map has been marked with a red "X" over the build site. A site plan was not overlaid on the map due to map scale. Improvement Permit Application Proposed Adams Family Cabin The Ruby Placer TBD County Road 8 Township 41 N, Range 8 West, Section 4, NMPM MS 16941 BE - PERSPECTIVE- WENT 2 PFEAPKTIVE-SOITIL E 3 PERNPEC TIVE. FAST PERSPECTIVE- NORTH Applicant: The Lorraine, LLC Cameron Adams, Member 3107 E. Louise Ave Salt Lake City, UT 84109 (949) 424-4780 Submitted: 03/22/2022 Table Of Contents Part :: Improvement Permit Application 1. Introduction to the Property Owners 2. General Documentation A. Improvement Permit Application B. Survey Plats (original and current) C. Property Deeds D. Tax Receipt E. List of Adjacent land owners F. Endorsement Letter from Adjacent Landowner 3. Improvement Plan A. General Narrative B. Zoning Maps C. Vicinity Map D. Site Plan E. Building Sketches F. Hydropower Sketches 4. Reports and Impact Analysis A. Historic impact B. Health impact C. Road Impact D. Scenic Quality Report 5. Hazards A. Avalanche Hazards B. Geotechnical Hazards C. Flood Hazard D. Fire Hazard 6. Other Approvals and Regulations A. CDPHE Letter B. USACE PCN Approval Letter C. SJBHD Septic Permit D. SWWCD Notice of Intent 7. Part I: Boundary Line Adjustment Application A. Project Narrative B. Supporting Documentation 8. Appendix A. Avalanche Study Letter from the Applicant To Whom it May Concem: Allow us to introduce ourselves. We are Cameron, Christa, Annalise (6) and William (4) Adams. We have one more kid on the way via adoption (a process that makes a county improvement application look like nothing). Cameron is a pilot for Delta and Christa works at the local children's hospital as a nurse practitioner. We live in Salt Lake City. As a family, we love spending time hiking, climbing and skiing in the mountains around Salt Lake. Cameron grew up in a family focused on the outdoors and, with Christa's help, he has made it his mission to get the kids to love the mountains. So far it's working pretty well, though skiing with the kids still involves plenty of crying. Christa has always loved the outdoors as well but grew up on the beach. She has been steadily converting to the mountain life. Only a few years ago did we discover the San Juan's. Since that discovery, we have essentially vacationed no where else. Every time we go, we love it more. The hiking and back country skiing are incredible. The scenery is unrivaled, the wildlife unmatched, and the history of the area adds icing to the cake. We have had a long running dream of owning a cabin and it became clear that this was the spot. We purchased the Ruby Placer and surrounding claims in 2020 and intend to build a cabin on the Ruby Placer as a legacy for Cameron's parents, who loved the outdoors but passed away a few years ago. There names were Kinley and Lorraine (the names of the LLC's which technically own the properties). This cabin is meant to stay in the family for generations to come. With the privilege of owning this property comes the responsibly of protecting the property. We take that responsibility seriously and have worked hard to protect the natural environment through diligent planning of the improvements to come. We wish to be considered stewards of this property, not owners. We would also like to be part of the Silverton community, not just visitors. Please stop to chat when you see us walking around town. Let us know how we can help in town or the mountains that surround. Basically, just consider us neighbors. Thanks for taking the time to consider our application and we look forward to your feedback. Sincerely; Cameron, Christa, Annalise and William Section 2: General Documentation 1. Improvement Permit Application 2. Current Survey 3. Original Survey 4. Quitclaim Deeds 5. Applicable Receipts 6. List of Adjacent Landowners Improvement Permit Application San Joan County, Colorado Application for Improvement Permit Name Cameron Adams, Member APPROVALGIECKIST Initial Date 1 Address 3107 E Louise Ave. (949) 424-4780 Land Use Administrator Salt Lake City, UT 84109 Phone Ownenhip ofs Surface Name The Lorraine. LLC Owaenhip ofR Minerals Address 3107 e. Louise Ave. (949)424-4780 Vicinlty Map Salt Lake City, UT 84109 Phone Certifed Sarvey Plat Name Mosumentation Address Basle Plas Map Pbene Plans and Drwing Legal Description of Property: Roed Syutem Relationship Zoutng Compatiblty Ruby Placer Mining Claim State Mining Permit Parcel # 48270040040001 Near County Road 8, 1.8 miles west of 550 Owner Notifestion Avalanche Haerd Geologie Hazard Floodplala Hazard Wildfire Hetard Township 41N, Range BW, Section 4 Mineral Resource Impaet Nature of Improvement Plamnned: WIMlfe Impert 1. Improve and extend existing driveway to build Historie Site Impact site. Waterhed Gearaace 2. Construct micro-hydro system to power proposed cabin 3. Construct 1 single family residence with Coanty Balldtag Iaspector applicable infrastructure and garage. 4. Clear trees necessary for fire break and Building Permit infrastructure. State Electrical Inspector Land Use Zoner Mountain Zone below 11,000 ft Electrical Permit Applicant Signature San. Juan Besla Health Unit Sewage Disposal: Test Cameron Adams, Member, The Lorraine, LLC Desiga Date Application Requested Central Sewage Collection Date Submitted for Permit State Division of Water Resources Dete Permit lsued Adequate Water Source Date Permlt Denied Welll Permit Resson for Denial Central Water Ditributlon U.S. Forest Service/BLM Accen Appreval State Divtslon afF Flghwayr Recdpt FEE PAYMENT 1 De Driveway Permit Application Bailding Permit Sabdivimian/PUD Sabdivision Varlance Hearing? Notice Subdivilon Approval PUD Approval Current Survey a 1 . a à 17 1 1 - : 1 I! !! 1 7 - - - 1 I! - . I - 0 - MS 1694 Soptenbor & MS 18941 Snow Shoo € I 1 6 € 1 - CCO 10800 a Bafooe I : 3 6 I % Original Survey (Includes parcels not owned by the applicant) 4 07b1 & & a PLAT E erE aa - - nns rok. 1 th tiy - - En A 6e, - - - - 4 A - a - Recorded Electronically Deeds ID 153009 Comynnshan Date 9-1-20z0 Time 7S1Am QUITCLAIM DEED This QUITCLAIM DEED, is made as of the 31st day of August, 2020, by and between RUBY PLACER, LLC, a Colorado limited liability company, whose address is 319 Willow Dr., Durango, CO 81301 ("Grantor") and The Lorraine, LLC, a Colorado limited liability company, whose address is 3107 E. Louise Avenue, Salt Lake City, UT 84109 ("Grantee"). WITNESSETH, that GRANTOR for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and quitclaim unto GRANTEE, all of GRANTOR' 's right, title and interest in and to that certain property more fully described below and by this reference made a part hereof (the "Property"). A parcel of land identified as San Juan County, Colorado parcel number 48270040040001, and legally described as the Ruby Placer Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 in Book A5 at page 361, Red Mountain Mining District, County of San Juan, State ofColorado. TOGETHER WITH all and singular the rights and appurtenances thereunto belonging or in any manner appertaining to the same, including but not limited to the following: the mines, minerals, lodes, ledges and veins within the lines of mining claims comprising the Property, their dips, spurs and extralateral rights; all minerals of every kind and character, whether base, precious, metallic, nonmetallic or otherwise, lying in, on or under the Property; all severed ore, and improvements which may be situated on the surface of or located within the Property; all rights-of-way, easements, permits, licenses, permissions and other authorizations affecting access to the Property or the right to conduct operations therein and thereon. TO HAVE AND TO HOLD the Property above conveyed and described, with the appurtenances, unto GRANTEE and its successors and assigns forever. This conveyance is subject to all easements, restrictions, reservations, and other matters of record as oft the date hereof. GRANTOR hereby covenants and agrees to execute and deliver to GRANTEE all such other and additional deeds, assignments and other instruments as may be necessary to more fully and effectively convey to GRANTEE the interests intended to be conveyed by this instrument, which covenant together with the representation made herein are intended to and shall survive the execution and delivery oft this instrument. IN WITNESS WHEREOF. GRANTOR has executed and delivered this Quitclaim Deed as oft the day and year first above written. GRANTOR RUBY PLACER, LLC 7 ( 2 By: Grégg Donaldson, Oner/Mlawngs Menber Acknowledgements STATE OF COLORADO ) ) Ss. COUNTY OF LA PLATA dy This Quitclaim Deed was acknowledged before me, a notary public, on this 22 day of AIL - 2020, by GREGG DONALDSON. who is personally known or has been identified to me to be the person whose name is subscribed to the above instrument, as Mawegig Mewber ot Ruby Placer, (LC, Witness my hand and official seal. Amy A. Milofsky NOTARY PUBUIC STATE OF COLORADO NOTARY ID 19924013000 ime AMA4 MY COMMISSION EXPIRES September 22, 2024 Notary Public My commission expires: 96264 Recorded Electronically ID, 153008 County, Date ta Time 151AM A Voc ee 3.50 QUITCLAIM DEED This QUITCLAIM DEED, is made as of the 31st day of August, 2020, by and between RUBY BASIN LAND CO., LLC, a Colorado limited liability company, whose address is 319 Willow Dr., Durango, CO 81301 ("Grantor") and The Kinley, LLC, a Colorado limited liability company, whose address is 3107 E. Louise Avenue, Salt Lake City, UT 84109 ("Grantee-"). WITNESSETH, that GRANTOR for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and quitclaim unto GRANTEE, all of GRANTOR's right, title and interest in and to that certain property more fully described below and by this reference made a part hereof (the "Property"). A parcel ofl land identified as San Juan County, Colorado parcel number 47770330040003, and legally described as the Annie Lode Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 in Book A5 at page 361, Red Mountain Mining District, County of San Juan, State of Colorado; and A parcel of land identified as San Juan County, Colorado parcel number 47770330040012, and legally described as the Ninety-Six Lode Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 in Book A5 at page 361, Red Mountain Mining District, County of San Juan, State of Colorado; and A parcel of land identified as San Juan County, Colorado parcel number 48270040040002, and legally described as the September Lode Mining Claim, MS 16941 as described in Patent recorded November 3, 1905 in Book A5 at page 361, Red Mountain Mining District, County of San Juan, State of Colorado; and A parcel of! land dentified as San Juan County, Colorado parcel number 48270040040003, and legally described as the Snowshoe Lode Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 in Book A5 at page 361, Red Mountain Mining District, County of San Juan, State of Colorado. TOGETHER WITH all and singular the rights and appurtenances thereunto belonging or in any manner appertaining to the same, including but not limited to the following: the mines, minerals, lodes, ledges and veins within the lines of mining claims comprising the Property, their dips, spurs and extralateral rights; all minerals of every kind and character, whether base, precious, metallic, nonmetallic or otherwise, lying in, on or under the Property; all severed ore, and improvements which may be situated on the surface of or located within the Property; all rights-of-way, easements, permits. licenses, permissions and other authorizations affecting access to the Property or the right to conduct operations therein and thereon. Property Tax receipt for The Lorraine RECEIPTS Date Time: SAN. JUAN COUNTY TREASURER 2/28/2022 3:04:02PM Tax Year / Statement #: 2021/3520 Tax Distriot: 101 101 Value: 21,750 Paroel #: 48270040040011 CAMA #: N2730 Property Type: MN Land Nbhd: 1 Blook: Lot: LORR00001 Taxing Authority MIIIL Levy Amount LORRAINE LLC, THE 101 County 19.703000 428.55 101 SCHOOL DISTRICT #1 13.896000 302.24 Cameron Adams 101 SOUTHWEST WATER CONS 0.407000 8.85 3107 El LOUISE AVE SALT LAKE CITY, UT 84109 Owner: LORRAINE LLC, THE Legal: RUBY PLACER 16941. FORMERLY PARCEL 48270040040001. Taxes Pald Receipt# Payment Date Tax Descr. 1st Half 2nd Half Interest /F Fees Total Comment 370 01/28/2022 AdValorem 369.82 369.82 0.00 739,64 Grand Total Pald 739.64 Tender Collected Payment Date Check Pald Cash Pald Card Pald AAE/Rev. Pald Change Operator Pald By 01/28/2022 739.64 0.00 0.00 0.00 0.00 Deanna Jaramillo ADAMS CAMERON & CHRISTA Remaining Penaltles Remalning Fees Remaining 1st Half Remaining 2nd Half Remalning Total 0.00 0.00 0.00 0.00 0.00 Page 1 of1 Property Tax Receipt for The Kinley RECEIPTS Date Time: SAN JUAN COUNTY TREASURER 2/28/2022 3:02:24PM Tax Year / Statement #: 2021 /: 3519 Tax Distriot: 101 101 Value: 19,467 Parcel #: 48270040040010 CAMA #: N2729 Property Type: MN Land Nbhd: 1 Blook: Lot: KINL00001 Taxing Authority MII Levy Amount KINLEY LLC, THE 101 County 19.703000 383.56 101 SCHOOL DISTRICT #1 13.896000 270.52 Cameron, Adams 101 SOUTHWEST WATER CONS 0.407000 7.92 3107 E LOUISE AVE SALT LAKE CITY, UT 84109 Owner: KINLEY LLC, THE Legal: ANNIE - 16941, NINETY-SIX. - 16941, SEPTEMBER 16941, SHOW SHOE - 16941. COMBINED FROM FORMER PARCELS 47770330040003, 47770330040012, Taxes Paid Receipt # Payment Date Tax Deser. 1st Half 2nd Half Interest/F Fees Total Comment 369 01/28/2022 AdValorem 331.00 331.00 0,00 682.00 Grand Total Pald 662.00 Tender Collected Payment Date Check Pald Cash Pald Card Pald AAE/Rev. Pald Change Operator Pald By 01/28/2022 682.00 0.00 0.00 0.00 0.00 Deanna Jaramillo ADAMS CAMERON & CHRISTA Remalning Penaltles Remalning Fees Remaining 1st Half Remaining 2nd Half Remaining Total 0.00 0.00 0.00 0.00 0.00 Page 1 of 1 Improvement Permit Receipt San Juan County RECEIPT 11/15/2021 County Treasurer: Deanna Jaramillo Date: 11/16/2021 Paid By: CAMERON ADAMS Station: 1 Description: IMPROVEMENT PERMIT-RUBY PLACER Cashier: 1 System: Cash Receipting Receipt: 1634 Reference: THE LORRAINE LLC Payment Method: Cash: $0.00 Checks: $840.00 Credit Card: $0.00 Wire: $0.00 Wire No.: Amount Tendered: $840.00 Card Type: Account Number: Expiration Date: Change Retumed: $0.00 Total Paid: $840.00 Check No. Name Amount 459 CAMERON ADAMS $840.00 Trans. Receipt Code Fund Ledger Description Operator Amount 1534 GenRct (010)COUNTY GENERAL FUND 0100010000 CASH ACCOUNT D $840.00 1534 GenRct (010)COUNTY GENERAL FUND 0100041804 LAND USE FEES IMPROVEM C $840.00 Signature List of Adjacent Land Owners RUBY BASIN LAND CO LLC PILATUS LLC INDEPENDENCE LAND TRUST LLC 319 WILLOW DR 702 PATTERSON AVE PO BOX 26982 DURANGO CO 81301-7573 AUSTIN TX 78703-4724 TAMPA FL 33623 KINLEY LLC, THE; c/oCameron Adams LORRAINE LLC, THE; c/oCameron OUTLOT PINES LLC 3107 E LOUISE AVE Adams 702 PATTERSON AVE SALT LAKE CITY UT 84109 3107 E LOUISE AVE AUSTIN TX 78703-4724 SALT LAKE CITY UT 84109 11-11-2021 Dear Lisa, Willy, and Commissioners: Iam writing this letter in support of the improvement permit application submitted by Cameron Adams, owner of the Ruby Placer claim. As an adjacent landowner, and as a local, - feel comfortable with his plans as I understand them and fully endorse approval ofhis application. Over the last year and a half, I have gotten to know Cameron and his family rather well. Mr. Adams is a fantastic neighbor and I wish him and his family many years of happiness in our county. They are, good people who love the outdoors and the San Juan Mountain's in particular. Conservationists by nature, they are trustworthy stewards of our beautiful mountains. Please reach out with any questions. Sincerely; / - zL Gregg Donaldson (970) 317-2707 Section 3: Site Plan 1. Project Narrative 2. Zoning Map 3. Vicinity Map 4. Site Plan 5. Sketches Project Narrative Legal Property Description Absent any boundary line adjustments, the applicant owns five contiguous claims through two separate limited liability companies. The Lorraine, LLC owns the Ruby Pacer Mining Claim (parcel 48270040040001). The vast majority of improvements will take place on this claim. The Kinley, LLC owns 4 additional lode claims which are contiguous to the Ruby Placer. Those parcels are The Annie 47770330040003, The Ninety-Six 47770330040003, The September 48270040040002), and The Snowshoe 48270040040003. Each claim resides in township 41 N, range 8 west, section 4 and can be found under ms16941. Approximately 57 acres are owned by the applicant before the proposed boundary adjustment takes place. Mineral rights are also in the possession of the applicant. The boundary line adjustment proposed in Part II of this application will change the acreage owned by the applicant. Upon approval, the adjustment will result in the Annie and Ninety-Six claims being partitioned along the county road. This will allow for a more logical barrier between the applicant and the property owner to the north. The total number of owners and potential structures will remain the same. After the adjustment the applicant will own approximately 48 acres split between 5 claims. Please refer to Part H for a detailed description of the proposed changes. Surrounding Area and Zoning Located in the mountain zone, the proposed build site rests at 10,300ft. No county overlay districts apply to this property. National forest borders the property on the east, south and west. Private property borders to the north and extends up the hillside. Setback requirements from private and public land will easily be maintained. The general landscape is characterized by dense mature forests to the north through east and open hillside punctuated by clumps of trees to the west. Topography ranges from steep hillside to nearly flat meadow. To the south and west of the build site is a wetland area created by the spring emitting from the collapsed mine adit which drains into the middle fork of mineral creek to the south. This wetland will only be infringed upon by a small driveway crossing and installation of the hydro power system. The Army Corps has been involved in the development of these aspects of the project. The impact created by this project is well within the limits of the Nation Wide Permit program. Though pre-construction notification was not required, it was attained as an extra step to assure regulatory compliance (see section 6). While the structure itself is clear of wetland areas, fiber rolls will be used throughout construction to ensure dirt and construction debris do not enter the adjacent wetland area. San Juan County requires a structure to be setback 40 ft from open streams and a 30 ft from fens (wetlands). San Juan Basin Public Health requires a 50 ft setback for sewage treatment areas. Iti is likely that two additional structures will be proposed in the future by the landowners to the north. The only existing structure in the area is the OPUS hut over a mile to the west. It is anticipated that the proposed structure on the Ruby Placer will not be visible to any existing or future structure (from what is known of the plans of the adjacent landowners). The applicant has every intention of maintaining good relations with his neighbors. Hazards The proposed build site rests within the shaded zone per the county avalanche map. An avalanche study was completed by the previous owner in 2017 and it clearly depicts the build site clear of known paths. More information can be found in section 5. The county geologic hazard maps depict a debris fan/flow on the build site as well. Trautner Geotechnical was recently commissioned for a field study. It was found that the build site is clear of the potential debris flow path, which coincides with the wetland area. The build site is on gently sloped terrain which does not require extravagant foundation engineering. Please reference section 5 of this application for further information on geologic hazards. The proposed structure does not lie in a flood plain. Flood maps can be found in section 5. Fire danger is ever present in the forest environment. Accordingly, Colorado FireWise has worked with the applicant on-site to develop a mitigation strategy tailored to the site. The wetlands to the south and west of the structure form effective firebreaks. Since fire moves uphill more aggressively, the trees downhill of the structure will be cleared. This cleared area will be utilized for the sewage treatment area. Trees uphill of the structure will only be cleared within 30 ft of the structure. Any tree within the cleared zone must be treated as part of the structure and have the applicable buffer applied to itself. Reducing the fire break radius on the north side allows for sufficient screening trees to remain and provides an acceptable break given topographic conditions. Aspens do not currently exist in the buffer zone but may be planted as they carry minimal fire risk. Beyond the cleared area, trees within a reasonable radius will be limbed to 6 ft of height and sick or dead trees will be removed. No vegetation will be within 10ft of the structure and the site will easily comply with section 4-110.15 of the land use code. The cabin itself will be designed with fire resistance in mind, the exterior design utilizing primarily non-combustible materials. Reference section 5 for more information. Build Site Selection The build site was selected as the best possible location on the property considering visibility from the county road, environmental impact, building and access feasibility, hazard potential and restrictions created by adjacent wetland areas. Most areas on the property cannot satisfy both the wetland setback requirements (30 ft to structure and 50 ft to septic leach field) and screening requirements when viewed from the county road. The site chosen represents the least visible site which meets setback requirements. On that site, the wetlands below prevent placing the structure further from the county road and screening requirements prevent moving the structure further from the wetlands. The resulting building envelope retains effective screening vegetation and is gently sloped allowing minimal grading and soil disturbance. Scenic quality will be further addressed in section 4 of this document. General Design and Standards Ron Bercovitz, an architect based in Durango, has been contracted to design the cabin and develop a site plan. The cabin will be constructed in a traditional/craftsman style with a subtle mining theme. It will be built using traditional foundation and framing methods. Exterior materials will include rock, rusted metal, cement fiber siding, reclaimed wood siding (either real or faux), and natural wood accents. Visible concrete will be kept to a minimum. The roof will be constructed with either brown/ grey standing seam metal roofing or rusted corrugated metal. All colors will be natural in tone. Windows will be of a low reflectivity design and no other reflective materials will be used. Most windows will face away from the public view and therefore should not significantly increase reflectivity or nighttime light pollution. Exterior lighting will only be employed to safely light entry doors and deck areas while the structure is occupied. Lighting will promote a dark sky environment and will comply with section 4-110.17 of the land use code. Exterior materials may change based on pricing and availability. Any material used will be natural or natural in tone and will avoid attracting attention. Comprised of a main level, small second floor and unfinished basement, the structure will stand about 32 feet tall when measured from the downhill edge. The downhill side of the structure will not be visible from the county road. When viewed from a public vantage point, the basement will not be visible and the structure will appear significantly smaller, measuring 22 ft above ground level. The approximate foot print will be 1500 sq/ft with a total of 2100 sq/ft total finished area between the main and upper level. Beneath the main level will be a mixture of crawl space and unfinished basement. A moderately sized deck will extend from the main level towards the downhill side. The cabin is designed to meet the needs of the applicant while limiting the visible size of the structure. Efforts include avoiding large and obtrusive exterior walls were avoided where possible. The second floor is contained within the roofline of the main level with the exception of two small shed dormers. Roof pitch was kept low to reduce ridge line height while allowing for proper water shedding to the sides of the structure. Finally, the entire structure was placed as low as possible relative to grade. No portion on the cabin will be silhouetted against the sky from any public vantage point. A small garage will be buried in the hillside adjacent to the cabin. This will allow it to remain entirely unseen from any public vantage point. The garage will also house the necessary battery and water treatment systems. Parking areas will also be obscured from view by the hillside. The required propane tank will be buried beside the garage or house in an area of foundation over-dig. Landscaping will be limited to revegetation efforts. While soil disturbance will be kept to a minimum, disturbed top soil will be segregated from underlying soils to the extent possible and redeposited across disturbed soils at project completion. A certified weed free native wild flower mix will be used in all disturbed areas where revegetation is required (driveway surface will not be revegetated in order to reduce fire risk). Native seedling trees will also be planted liberally to offset the environmental effects of clearing for the driveway and cabin. These trees will also create additional site screening in case existing trees should fall. These trees will be planted in ways mimicking a natural forest. Species include Aspen, Engelmann Spruce, Colorado Blue Spruce and Sub-Alpine Fir. Access and Easements Access will be via CR8 and a private driveway. During the winter months CR8 is impassable to wheeled vehicles. Ski in access or over snow vehicle access is possible using CR8 with due respect paid to avalanche conditions. No easement is required for access as all land between CR8 and the build site is owned by the applicant. A previously existing driveway will be utilized to the extent possible to avoid further disruption of the area. This existing driveway connects CR8 to the Ruby Placer via the Ninety-Six claim. It is in need of improvement and regrading to allow reliable passenger and emergency vehicle access. It will also need to be extended across a spring to the build site. The spring will be crossed at the least sensitive spot by the installation of a culvert. Plans for updating the driveway were designed to minimize the visual and ecological impact of the driveway. The new portion of the driveway is planned on a route requiring the fewest cuts and fills and is mostly invisible to users of CR8. Unfortunately, the existing portion of the driveway is visible to users of CR8. By regrading this portion of driveway, more effective revegetation can be accomplished and the scenic quality of the area improved overall. The use of imported road bed will be avoided to the extent possible. If required, local sources will be used to avoid a contrasting surface. A discrete steel pipe gate will be constructed outside the easement zone of the county road. No address sign will be posted. The gate will be out of view from CR8. A 60 ft easement exists and will be respected for County Road 8 which traverses the Annie and Ninety-Six claims, north of the build site. Additionally, an easement exists for the power lines north of CR8. Finally an easement exists on the Ninety-Six parcel to allow a private drive to connect to CR8A. Such access would be subject to a separate improvement permit by that landowner. No foot or recreational trails exist on the property. No fencing will be installed on the property with the exception of the driveway gate. Power, Water, Waste and Utilities Abundant power will be generated year-round from a micro-hydro system installed on the property. A backup propane generator will be installed for redundancy in an enclosed area. No solar panels are planned or anticipated. Please reference the USACE PCN approval and CDPHE letter located in section 6 as well as general description and construction plans contained later in this section. Water will be available from the spring emanating from the collapsed mine adit and accessed via the hydropower pipe. The water has been tested extensively and can easily be treated. All in home water will be treated. Reference the signed Notice of Intent from the Southwest Water Conservancy District located in section 6. Once the dwelling is built, the applicant will make the water right final in his name. Waste water will be treated by an engineered, gravity fed septic system which has been approved by SJBPH. This system will require periodic emptying of the septic tank. The driveway will improved sufficiently to allow for the required pumping vehicle. Reference the septic permit located in section 6. Heat will be supplied by a propane boiler system with the fluid being preheated by excess electrical power generated by the hydro-electric turbine. Under normal circumstances, minimal propane will be required to operate the system. During periods of unusually low electrical generation, the electric pre-heat function is load shed to preserve power for the circulation pumps. A wood stove will provide backup heat. Standard utilities are unavailable at this property. Trash will be internally stored and periodically deposited at the waste transfer station in Silverton or Ouray. Phone service will be available by either a cellular signal booster or a voice over IP system. Satellite internet will be installed should cellular signal boosting prove impossible. An emergency radio will be kept at the dwelling as a backup communication measure. Hydropower System Given the limitations of solar and the inaccessibility of the power grid at the site, a micro-hydro system is the most practical power source for this project. The system will generate 3-4KW continuously depending on water volume. This exceeds typical household electric needs by a wide margin. Therefore, excess power will be available to assist in heating the cabin, significantly decreasing propane consumption. Comprised of a diversion weir, pipe and turbine, the hydropower system will be nearly invisible to public view. First, a diversion weir will be installed to collect water near its source approximately 65 ft south of the draining mine adit. This weir will consist of a Coanda screen and collection basin which will look like a small spillway. As the spillway is only a few feet across, it will be nearly invisible. Secondly, an 8 inch HDPE pipe will carry water from the weir to the turbine 120 vertical feet below. Since the pipe descends over the waste rock piles, it will run above ground to avoid disturbing the waste rock. Once below the piles, it will be buried to shield it from view and protect it from damage. The pipe will not be visible from any public vantage point. Finally the water enters a turbine and is subsequently discharged back into its source stream at a native velocity. The turbine will be housed in a precast concrete vault which will itself be buried below ground level. Turbine noise will be contained by this vault which will be invisible to all but those standing on it. All water will be re-deposited into the source stream above the wet land area and will have no affect on the wetland below. The historical flow rate of this spring is between .6 and 1.6 CFS year round. Due to the variance in water volume, it is impractical to collect all water at all flow rates. Under normal circumstances, the vast majority of the stream water will be redirected into the pipe. During periods of higher flow, more water will be allowed to flow uninhibited over the original spring course. The portion of the stream bed from which water will be partially removed is characterized primary as barren waste rock with almost no local vegetation. Theoretically, piping a portion of the water will improve water quality by reducing water contact with waste rock. Water usage for this project is considered non-consumptive as all the water is retumed to the stream and there is no evaporation loss. This non-consumptive use was included in the Notice of Intent signed by the SWWCD (see section 6). After construction is complete this non-consumptive use will be transferred to the applicant and decreed as a water right in court. Importantly, the generator will not be tied to the public power grid (no net metering) and the water used is entirely on private land. These details, among others, significantly reduce the regulatory burden placed on the project. All necessary approvals have been acquired with the exception of that from San Juan County, which this application seeks. Ken Gardner (formerly of Gardner Energy) has been contracted to design and install the hydropower system. Ken's company has completed numerous projects in Colorado and is on the state supplied list of hydropower contractors. For information beyond what is presented in this document, Ken may be contacted directly at (801) 589-0447 or via email at kensolarn238gmal.com. This system is truly a "win-win" with clean power supplied to a cabin and theoretical benefits to the water quality of the area. It also eliminates the need for unsightly solar panels or excessive trenching for grid supplied power. For more information on system design, refer to the general layout and schematics later in this section. For information on the environmental impact of the project, refer to section 4 and 6. Emergency Services Emergency services are inherently limited in the backcountry. While the driveway will be improved to allow for small emergency vehicles, response time will be variable and emergency access in the winter will be very difficult. Preparation is the best defense in this scenario. The applicant is very experienced in the outdoors and his wife is a nurse practitioner. Adequate emergency supplies will be kept onsite. Those supplies will be made available to anyone in need by keeping them in a weather proof box outside the home. Additionally, applicant is happy to work with EMS to coordinate the use of supplies and the home itself in emergency situations. A means of communication will be maintained by cell phone, intemet phone or emergency radio to coordinate emergency services. Use The proposed cabin will be used as a secondary home for the owners, their family and close family friends. Use of the property will likely be less than one week per month on average. The applicant has no intention of using the property as a vacation rental or long term rental. The applicant also has no intention of mining or disturbing mine debris in any way. Regular use of OHV's and firearms is not planned or anticipated. Except during the construction phase, no camper or trailer will be parked on the property for more than a few days and those occurrences will be very rare. No livestock will be kept on the property. The property will be left in its natural state beyond the aforementioned improvements. Parcel Consolidation Iti is the policy of San Juan County to limit each property owner to one dwelling regardless of acreage owned. This policy has historically been carried out via parcel consolidation. The applicant willingly accepts this restriction in principle but requests an altemative implementation method. The applicant owns his parcels via two separate LLC's. One, The Lorraine, owns the Ruby Placer while the other, The Kinley, owns the remaining claims. This was done to insulate the improvements on the Ruby Placer from the liability associated with the remaining claims through separate ownership. The only known or anticipated source of potential liability (albeit theoretical) is the draining mine adit, which resides on the Annie and Ninety-Six claims. Parcel consolidation would effectively remove that barrier, unnecessarily exposing the applicant to liability. Accordingly, the applicant requests consideration of altemative methods to restrict further development of the applicant's parcels, including deed restriction. Zoning map SEE MAPS MOUNTAIN Buildsite ZONE The build site is just beyond the eastem boundary of zoning maps 4 and 5. Above is a cropped image of the zoning map index with an "X" over the proposed build site. As is visible in the image, the build site is in the Mountain Zone and outside the depicted overlay zones. OFFICIAL ZONNG AND LAND USE DISTRICT MAP OF SAN TUAN COUKrY, COLORADO Er PARTY TMEN EN MAP 4 B) ADOPTRD JULN 1993 WATERSHED MOUNTAIN PROTECTION DISTRICTS ZONE < Build'Sité a - - e ATERSHED PROTECT ON DISTRICT MOUNTAIN Zo EE - - 4 L ERTON 0. - - - - 1 - Aeltlin C.. Narmen CIAL ZONING AND LAHD USE DISTRICT MAP OF SAN TUAN COUNTY, COLORADO ERTO MAP 5 5 P 8) R8W ADOPTED 6, 993 R7W 27 25 29 28 MOUNTAIN ZONE 5 33 34 T4a1 N Build,Site 3 o a RURAL RESIDENTIAL ZONE ( 3 8 do N 24 T41 MOUNTAIN ZONE 28 27 26 25 e 28 MOUNTATN ZONE, 33 34 35 36 31 32 4 6 9 IO 12 7 jo uEuT T40N - HISTORIC PRESERVATION DISTRICT EWTON. Co - D - - - a 5 MINERAL RESOURCE DISTRICT Auitinn C. Nan A EXTENT OF TOPO SURVEY a S02 orcu 2 n R30 SPR26 anup 26 SRR18 PR 20 Satellite image with site plan overlayed. Note the location of trees relative to the structure. Those trees range from 30 to 60 feet tall and have been modeled into the following pictures. A : E a ? 1 1 a a 8 € 53 - - 3/18/20222 23052 M BERCOVITZ DESIGN - 16941 HOL SE - - K 301 S a. a 3 BANJEANCOENTY,COLORADO e e E - - E % E E a 318/2022: 2:3058 PM BERCOVITZ DESIGNI 169441 HOUSE 13 AR I o 454 SANJLANCOINTI.COLORADO e a a a a METLNDE BOUNO N R INE e 3 B a d8 5 : 6 e : e 5 e € - a - 29 - 2 e N a a e o e N N U 9 - S/162022 22104P PM BERCOVITZ DESIGNE 16941 E & R C a R 355 SANJLAN COUNTY, COLORADO N (K no 3 a 6H a 1. a N 3/182022 23057 PM BERCOVITZ DESICNE - 16941 HOUSE - R C CTS a I e a a ER BANJUAN COLNTY, COLORADO G a N z-F 01 17 5 - I 2. a RDGE S a - C a E E a - K G 3 - - 2 P 18 8 C 5-10 . C I 8 I E E a - E I 3 E - E 2 : - B a d - p : s 22 23057 PM BERCOVITZ DESIGNE 16941 HOLSE - K I 134 e BANJUAN COUNTS,COLORADO 6 N (K N 13. I : a * S € G I 3-0 K 3/18/2022 23058 PM BERCOVITZ DESIGN - 16941 HOUSE ARE, CIS a I & a a Eg BANJLAN COINTI,COLORADO va) 1-1354 R N N 3 - S N & RDGE - € a B 3/18/20222 23058 PM BERCOVITZ DESIGNE 16941 HOLSE 5 AR e. I a E e RANJEAN COUNTY, ÇOLORADO G a 3/182022 2:30:50 PM BERCOVITZ DESIGN - 16941 HOU SE I 5 & MANJE ANC Cor MTY, COLORADO e - N 3/18/2022: 2317 03 PM BERCOVITZ DESIGN 169 11 HOL SE - E I SANJE AYCOENT,COLOHIDO - a E 1 - - - 1E4 8 - - K 6 o 3 8/2022: 2:31 08 PM - BERÇOVITZ DESIGNE 2 16941 HOU SE 3 I & NAN JU AN coL MT, COLORIDO 81 B 3 - B 4T a 5 à a : e : 8 - A - 17 - A I I - 7-7 o o o 8e 9 2 & 3182022 281 0e PM BERCOVITZ DESICNS 16941 HOUSE RC 3 e I 438 SANJLAN COLNTY, COLORADO 6 I S N I 5 e H HH E a - 5 2a a R 3/182022 231:00 PM BERCOVITZ DESIGNS 16941 HOUSE K I a a BANJLA AN COLNTY, COLORADO 9 - n 3 1 a / * / ( ? 5 2 - I 3 8 - N : - 6 : 1 E a : I 3 # 1 a € a I 4 A : à a sy6wr S n a - - I - gu I N I GARDNER HMDAOELECTRCI DMERBIONE BTRUCTURE on a HYDRO HDROELI LECTRIC DMERBION BTHUCTURE AL UA 5 BITE PLAN DETALB LA - NEARE BLVERTON COLORADO a * : 1 1 3 a A B9i i1 % 145 : - 1 . E 5; 8 si 8 - P 33 - 9 8 a a # : E - E a 1 E 2 5 31 : 4 I 5: de 3: 55 à 5 g 5 6 à CAMERON ADAMS ue ou 1A 2 Energy PA Deryo DATP a HYDROELECTRC DMERSION STRUCTURE acN MA 5 a COANDA DMERSION DETALS a MA 1 peD NEAR SLV LVERTON COLORADO Do AESOAL a Nn. CAN f a - T> P dF P 4F ? # 9 B 2 : I a 1 a A - E E TI 4 . 8 I - - 8 I 3 * I S 83 : 3 3 I 1 - * I a 3 6 7 a Ss - e 5 3 4 e - CAMERON ADAMS mvaoe IONS A1 C Sar covD A Be HYDROBLECTRC TURBNE L 5 E 1 h MAPI l VAULTDETALB a AA E NEAR SLVERTON COLORADO ONo AMEGDTA a ai Section 4: Reports and Impact Analysis 1. Historic Impact 2. Health Impact 3. Road Impact 4. Scenic Quality Impact Historic Impact At the applicant's request, a review of this project's impact to nearby historic artifacts was completed prior to this application being filed. Please find the letter issued by the historic review committee below. The applicant appreciates the history of the area and that of the Ruby Placer specifically and has no intention of altering or detracting from the historical objects onsite. Health Impact Unfortunately, the mining that took place on the Ruby Placer a century ago did not just leave behind an old boiler and a toppled mill. It also left behind two large waste rock piles and a collapsed mine adit which is actively draining water. While the proposed structure will rest a considerable distance from these features, the hydropower system will necessarily interact with the mine water and will be constructed near the waste rock piles. Given this interaction, the applicant involved The Colorado Department of Public Health and Environment and The US Army Corps of Engineers at an early stage of the planning process. At the direction of CDPHE, a site-tailored environmental study was performed at the expense of the applicant. This study concluded that the water coming from the mine adit is surprisingly clean and that water chemistry and flow rates are stable when compared to historical measurements. The study also shows that the waste rock piles are consolidated and resistant to wind transport. Given the results of the study, entrance to CDPHE's voluntary cleanup program was not recommended. Please reference the letter from CDPHE in section 6. The main risk mitigation measure for this project is avoidance. The cabin will be sufficiently distant from the mine debris to be considered moot. The existing driveway comes to within 30 ft of the adit but will actually move 10 ft further away (downhill) during the regrading process. Driveway regrading will not cause soil destabilization near the mine adit and will not change the drainage pathways of the area. The portion of the hydropower system nearest the adit will be 60 ft distant. Excavation required for the diversion weir will be minimal and will take place above the waste rock piles. Water for the hydropower system will be diverted via a Coanda screen type weir which will require minimal excavation and will have virtually no effect on the surrounding area. Water collected by the weir will run through an above ground pipe over the waste rock piles to the turbine vault below. The pipe will be run above ground to avoid disturbing the waste rock and has the benefit of reducing water contact with the waste rock. Under normal circumstances, the vast majority of the spring water will be collected and piped but, especially in periods of high flow, excess water will flow over its natural course. CDPHE is satisfied with the plans for the hydropower installation as indicated in the agency's letter. The Army Corps's involvement has been limited to the effects of this project on water quality and the proximate wetlands. Accordingly, USACE has approved the applicant's pre-construction notification form. The PCN approval can be found in section 6. Road Impact Report No new connection will be made to any county or state road. The pre-existing driveway connects to CR8 (Ophir Pass Road) and the relationship of that driveway to the county road will not change. Accordingly, the county road supervisor has determined that an additional application and fee are not necessary. Please reference the email response from Mr. Girodo below. Currently, CR8 is used consistently in summer months to access Ophir Pass further up canyon. Traffic to/from the proposed cabin will limited to a few trips along CR8 per day when the structure is occupied. During construction, vehicle traffic will increase as will the weight of the average vehicle. Care will be taken throughout construction to avoid traveling while the road is water saturated. Given the width, condition and current usage of CR8, the road should not suffer significant impact due to the temporary construction or ongoing use of the cabin. As was mentioned before, the county road traverses the Annie and Ninety-Six claims. A 60 foot wide easement exists and will be respected. Currently a cable gate on the top of the Ruby Placer driveway is placed within the easement. That gate will be removed at the beginning of the construction process and will be replaced with a discrete gate outside the road easement. In the meantime, the applicant will not object to an damage done to the current gate by the county road crew. 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The ant tveya on ne prpery - be edended D sach ha DS s bu ni inerachor n CAB *r not Tha aumnt pey wt ber ranoved and ae, ncompacak projci atnge vpons ervce the - wyl - gae -as met ber nlena w he comy acrordaro ac ins wth nes vemes sebecks VR oured pcpety hes ty arc use - 7e code vay This shouke M be on ny a prpety les vace % o dvew erers y eroarce : aio n room tr your ous o mort No apacdiny ay beleve Ahwo ny :r rve n mpad on CRE Thee - Des sone conery dons wRc ant ten road wh neconi pergbutt but ae otons - beu takant o nrinest ther mpaa lavodrgo arngneeyy vehices on - comph r jaibe. lw ve y aperonal vencle per ay ont me red soplcanon From ou; PoA corvenatona gather natr nerer one Dadc permis yocly" courd lor ne cac wt e requred nt 4 case Peise vpond ah your opnon mo 7a have sonerng n wrang opresnt ny ard use recome your lesot Dack ano sugoastons Respacney Cameror Adana Email Conversation Between Mr. Girodo and the Applicant Scenic Impact Report In general, the wishes of San Juan County and those of the applicant are well aligned. Each would like the proposed structure to be invisible to an onlooker from any public road or trail. The only public road in the area is CR8 (Ophir Pass Road). While this project will not be completely invisible from CR8, it will be difficult to see, especially for those not already acquainted with the location of the cabin. The location of the proposed cabin represents the least visible portion of the entire property referencing setback restrictions. Additionally, the applicant intends to improve screening by planting trees in strategic locations both near the structure and near the road where it traverses the property. No portion of any of the proposed improvements will be silhouetted against the sky when viewed from any pubic vantage point. Out of the build sites available on the property, the build site chosen requires the least disturbance of the surrounding area. The site is gently sloped while most areas in the vicinity are steeper (reference the topographic site plan in section 3). Less slope allows for less grading and less disturbed soil. It also allows for a lower profile building design. Soil that is disturbed will be redeposited and graded around the cabin. Top soil will be segregated to the extent possible and spread over the surface prior to revegetation. A certified weed free local wildfiower mix will be used on all areas which have been disturbed (less driving surfaces). The cabin itself has been designed to minimize visual impact from the public vantage point. Utilizing a lower profile design, the structure will only rise 18 ft above grade when viewed from CR8 and will avoid aggressive design lines that attract attention. Made in a traditional style, it will be cladded with non-reflective, natural toned materials to further divert attention. Materials will include cement fiber siding painted in natural tones, wood accents, rusted and matte metals, rock, and concrete. The roof will be made of standing seam metal and colored dark brown or slate. Windows will not be highly reflective and will primarily face away from public view. The garage will be buried into the hillside and will be completely invisible to the road. Parking areas will also be recessed into the hillside to avoid being seen. Exterior lighting will be downcast and very minimal. The driveway is the most visible portion of the project and can be split into new and existing sections. The new section will only be visible from the road for a brief period. Seedling trees will be planted to further hide that portion. A portion of the existing portion of the driveway is visible to CR8, when viewed from the west. By regrading the driveway and slopes adjacent to the driveway surface, more effective revegetation can be accomplished. Seedling trees will also be planted along the visible portion of the driveway in a way mimicking a natural forest (irregular spacing, clumps and clearings, etc.). These two efforts will improve the aesthetic qualities of the existing driveway considerably. Utilities on the site are limited to the hydropower system which will be all but invisible to public view. The diversion weir will be all but invisible from the road. An 8 inch pipe is required for the system which will run between two large waste rock piles, shielding it from view from all vantage points except directly below. The turbine will be buried in a small pre-cast concrete vault, placed near the driveway. This vault will contain any noise associated with the system and will be invisible to all but those standing on it. Drinking water will be sourced from the hydropower turbine manifold, thus negating the need for an additional pipe along the ground surface. Where feasible, power and water will run underground along the course of the driveway from the vault to the home to minimize soil disturbance. Historical objects on the property are unaffected by this project. The existing driveway comes near to the old mine boiler and will be moved slightly closer during regrading. Though closer, the regraded driveway will allow for a much smaller fill on the downslope side of the driveway which can be more effectively revegetated. Public view of the boiler is limited but should be improved by the improved driveway. Refer to the historic impact clearance letter located earlier in this section for more information. Below is a satellite image of the area. Red highlighter marks locations where the structure can be seen from the road. Two numbered locations correspond to the locations from which pictures were taken and subsequently enhanced to portray the structure. The image below is also marked with potential screening tree locations relative to the various features of the project. Since many locations of interest are outside the topographic survey and site plan of the project, the satellite image was used and marked with a rough representation of the site. nees. aa . ecs à acded Proposed driveway Trees blockview from west Clearing Buried Cprage Proposed cabin Middle ForkMineral Creek Middle Fork Mineral Ciek As is visible in the image above, effective screening of the structure when viewed from the west is formed by a group of tall Spruce trees to the west. To the east there is both terrain and vegetation screening the structure. No public trail or road exists to the south of the structure. Outside the confines of the above image, the structure should not be visible from the road. A seldom used trail exists one mile west which accesses paradise basin from the switchback on the county road. Portions of this trail would have a view of the structure but at a significant distance. To the north terrain shape, spruce trees near the structure and Aspen trees near the road obscure the structure in all but three small windows (marked by red highlighter). In those locations, the onlooker needs to be within 8 feet of the south edge of the road and look down at a considerable angle to see the structure, which will be partially visible behind trees. More than 8 feet from the edge of the road, the road itself blocks the view down to the build site. Additionally, these viewing windows can effectively be closed by planting just a few medium sized trees near the county road (all on property owned by the applicant). An additional layer of screening can be added by planting several trees just north east of the build site and several more trees along the ridge further to the north east. Due to the terrain slope, trees planted further uphill are just as effective as those planted closer to the structure. Locations 1 and 2, as marked on the image, represent the locations where the structure will be most visible. Accordingly, they will serve as the vantage points for the computer enhanced pictures below. The existing portion of the driveway is clearly visible in the image above. The portions of the driveway between the second and fourth switchback are visible from the country road, west of the Ninety-Six claim. Liberal use of seedling trees will be made to camouflage this portion of the driveway. Revegetating the cut and fills associated with that driveway will also reduce its visual impact to the area. Due to cost constraints, planting a forest of 12 ft tall trees to serve as additional layers of screening is not practical. Larger and older trees will be planted where feasible near the county road as those locations provide the most effective screening. Other ares will employ seedling trees. At a fraction of the cost, seedling trees can be planted much more extensively and will provide a better visual environment over the long term. These trees will be watered initially to aid in establishment and quick growth. They will also have biodegradable rabbit guards placed around them to prevent wildlife damage during their first few years. Below are pictures taken both from and towards the build site. Pictures taken towards the build site have been computer altered to represent the structure proposed. This is the most effective visualization tool and therefore pictures of the building envelope flagged with approximate locations have been omitted. 0GV7I0103 WN n03sVIrsyN ME inas e MT 3 E S - a - H a I IF691 ZLI40DH38: - : I NOISII wyz 2S1982 zoaRa - € - € a View point 1. No proposed screening trees are shown. This is visible for approximately 90 linear feet of CR8. Modeled trees replace actual trees removed in the computer rendering process and are accurately placed relative to the structure. Tree position can be verified on the satellite image one page prior. This condition is due the difficulty associated with placing a computed generated structure partially behind the actual trees in the image. This image was professionally developed and accurately represents the visibility of the structure. View point 2. No proposed screening trees are shown. This is visible for approximately 40 linear feet of CR8. Modeled trees replace actual trees removed in the computer rendering process and are accurately placed relative to the structure. Tree position can be verified on the satellite image two pages prior. This condition is due the difficulty associated with placing a computed generated structure partially behind the actual trees in the image. This image was professionally developed and accurately represents the visibility of the structure. View from location 1 when standing in middle of county road. Note the down angle required to view the structure (not shown). View from edge of clearing above the structure towards point 1 (road intermittently visible) View from structure towards point 2 (road barely visible) View from west side of structure towards CR8 up canyon (road not visible) Cumulative Impact The area around the Ruby Placer is mostly undeveloped. In the surrounding one mile there are approximately 40 claims, most of which would be considered unbuildable for one reason or another. Around 10 of those claims could have structures placed in a way satisfying county requirements, as they are understood. The majority of those buildable parcels are in the trees immediately north of the Ruby Placer and are all a part of the same original mine complex. Currently all those parcels are owned by three individuals, one of which being the applicant. So it is estimated that 3 structures will be built in the area in the next 5 years. All would be grouped in a relatively small radius and would be well hidden from the road. An additional parcel to the east of the Ruby Placer appears buildable and is owned by another individual. Of the parcels owned by the applicant, the Ruby Placer, the Annie and, to a lesser extent, the Ninety-Six are buildable. The September and Snowshoe have buildable envelopes but access is prohibitive. The Opus Hut is the only existing structure in the surrounding area and is approximately one mile up the canyon from the Ruby Placer. The hut sees significantly higher use than the proposed cabin as it is al bed and breakfast that is operated year-round. The applicant has every intention of being a good neighbor to the hut and its guests. Reference the parcel map below for a visual representation of the above description. The map has been annotated to highlight important features. Ruby Placer Polentially buildable 184 Properties within 1 mile of the Ruby Placer Section 5: Hazards 1. Avalanche Hazards 2. Geotechnical Hazards 3. Flood Hazards 4. Wildfire Hazards Avalanche Hazards The San Juan Mountains are renown for their avalanches. Nearly every comer of the range is at risk of an avalanche and the area around the Ruby Placer is no different. As can be expected, the property resides in the shaded zone of the INSTAAR map. See the map three pages below marked with an "X" over the build site. A site plan was not overlaid onto the image due to map scale. An avalanche study was commissioned by the previous owner of the Ruby Placer in 2017 and it remains applicable today. While the previous owner had different build sites indicated on the avalanche study, the current proposed build site is clearly visible in the necessary images. The avalanche study can be found in its entirety in the appendix as it is too lengthy to insert here. In summary, the build site is clear of existing and potential paths though it is adjacent to a very large and destructive path to the west. That path ran in historic proportions several years ago, after the study was completed. Notably, the avalanche precisely followed the course and distance predicted by the study. The avalanche debris visible in the satellite imagery below clearly shows where the flow stopped. In order to impact the build site, that debris would have had to travel another 265 ft horizontally and approximately 75 vertical feet uphill in a direction 45 degrees from the direction of flow. While the build site may be clear of avalanche paths, the access route to the property is not. Two major and one minor path must be crossed to gain access to the property from highway 550. These paths can be crossed quickly and the point of crossing is not in a typical initiation zone. Still, care must be taken as to what time of day and in what conditions the paths should be crossed. The Colorado Avalanche Information Center is a great planning resource and will be utilized by the applicant and his guests. Also the applicant is an experienced backcountry skier who has completed level I and II avalanche courses. The applicant understands that there will be rare times when accessing the cabin cannot be safely accomplished and is prepared to alter travel plans accordingly. Refer to the following images to gain a better understanding of the avalanche risk of the area, Then reference the avalanche study in its entirety in the appendix for further information. Build Site 265t horizontal 75 Avertica Minerar creua Middle Fork Mineaiceas Amateur Depiction of Recent Historic Avalanche Note the similarity between the actual avalanche debris location and the predicated path in the image below. T2 TI North Lookout Ridge ORNADO 679 RP Ruby Forest 19760 2017 Google Image from Trautner Geotech avalanche study. Red "X" marks proposed build site. Black lines indicate potential avalanche flow. as "e : T die 71149h0 HA2RTN OPHIR QUADRANGLE COLOHAL MINTE SERES POGRAPHK 31 4 Build Site 48 a Elnar Bake Geotechnical Hazards The build site rests on the edge of a "DF" (debris fan or flow) area of the county geologic hazards map. A geotechnical study was performed by Trautner Geotech in the fall of 2021. The findings indicate two things. One, that the build site is clear of the potential debris flow hazard and, two, that the hazard itself is relatively small. Essentially the debris flow potential is co-located with the mine discharge and the wetland area it creates. The hydro power system will be exposed to the debris flow as will the driveway at the point of the spring crossing. In the unlikely event of a debris flow, both of those features can be repaired or replaced with relative ease. The installation of the hydropower system and the driveway crossing are not anticipated to destabilize the slope in any way. The structure itself will be professionally engineered for the slope on which it will reside. Since the build site has been verified to be outside the debris flow zone, no additional foundation or structural reinforcing is anticipated at this time. Reference Trautner Geotech's evaluation and the county geologic hazards map on the following pages. The hazard map has been marked with a red "X" over the build site. A site plan was not overlaid on the map due to map scale. TRAUTNERAEROIEHTTA GEOTECHNICAL ENGINEERING, MATERIAL TESTING AND ENGINEERING GEOLOGY November 2, 2021 Cameron Adams 949-424-4780 cka0405@gmail.com PN: 57070GH Subject: Observations of Debris Flow Potential Adams Cabin - Ruby-Tornado Claim Ophir Pass Road, San Juan County, Colorado Dear Mr. Adams: As requested, a representative of Trautner Geotech performed a site reconnaissance of the property and adjacent slopes to determine the potential presence of a debris flow hazard on the site. The project site is located on Ophir Pass Road (FS Road 679) approximately 2 miles west of the intersection with US Highway 550. The site is located at the Ruby-Tornado Claim on the south side ofOphir Pass Road. The project site location is shown below. ECT SITE Figure 1: Site Location Schematic. Adapted from Google Maps. We understand San Juan County has requested an analysis of the potential for debris flow to impact the proposed building site. Mud flows and debris flows initiate when soils become saturated and begin to flow down slope, often carrying rocks and boulders within a matrix of mud and water in a concentrated drainage feature. Debris fans are areas where debris flows or mud flows deposit material that spreads out in a fan-like shape at the bottom of a drainage feature. 649 TECH CENTER DR DURANGO, DO 95 N HENRY ST, CORTEZ, CO 970-259-5095 970-529-2020 Project No. 57070GH November 3, 2021 Page 2 of3 gullies. We understand the proposed building site will be located east of a drainage feature that originates from a collapsed mine adit above the building site, just below Ophir Pass Road. A site schematic showing the adit, drainage and proposed building site is shown below. o dit Drainage Flowline Proposed Building Site Figure 2: Site Schematic. Adapted from USGS 3DEP-DEM viewer application (5 meter contour interval). We performed a site reconnaissance of the property on October 5, 2021 to determine if a debris flow hazard exists at the proposed building site. Typical debris flow scenarios originate from natural drainage pathways that often have substantial drainage basin areas and extents in which material may be collected that can cause channel bulking and overflow to surrounding areas. The total length of the channel from the adit to the building site is roughly 500 feet, which is considered a minimal distance and much less of a drainage area that is typically considered for a debris flow hazard. The flow from the adit is also minimal and it not likely greatly affected by large precipitation events that typically initiate debris flow conditions. As noted on the site schematic above, the building site is also located east and slightly uphill oft the drainage feature. Based on our site observations the project building site does not appear to be in an active channelized debris flow hazard area. However, debris flow channel activity is an active process and can change relatively quickly based on changing conditions within the drainage basin. Fire activity is often a catalist fori increased debris flow activity and potential for channel bulking which can redily redirect the flow away from the current pathway to a less desirable location. Proper drainage should be maintained around the proposed structure to limit the potential for impacts of minor flows that may originate from the slope above the site. Our comments above are based on our limited site observations and experience in the area. We make no warranty as to these comments, either expressed or implied. These comments should not be considered a comprehensive analysis oft the debris flow potential at the site. Ifa detailed debris flow analysis is required, a specialist in this field should be consulted. TRAUTNERGEOTECHILG Project No. 57070GH November 3, 2021 Page 3 of3 Please contact us if you have any questions or if we can be of additional service. Respectfully, TRAUTNER GEOTECH Jason A. Deem, P.G. Engineering Geologist TRAUTNERAEROIEAETTA GPOLGIC MAADS pxepare NSTAAS OPHIR GUADRANCLE COLORADO Isinaty p ah res to MINUTE RIFS TOPOGRAPHIC) A CRR 1 00 Puak S Es 65 65 5 Burld site Csc CS - 4 n KV 3 o S S CQ 5 s 5 5 ES :3 E 36 da 6S - s Cda N rF 5 caa es csa a Flood Hazard No portion of the property improvements are in a flood hazard area. Reference the images below which were taken from the Colorado Hazard Mapping and Risk Portal. The first image is a wide view and the second a closer view of the site. Note the selection box on the side of the image is the same for both images. A red "X" marks the build site on each image. A site plan was not superimposed as it was deemed unnecessary given the lack of hazard in the vicinity. . e - Ss 5 - : > 2 N Wildfire Hazard The proposed cabin will be in the forest and is therefore at risk of wildfire loss. Mitigation measures will be taken as described in the project narrative to protect the structure and the surrounding forest. Insurability of the structure is also an issue and has thus far presented the most stringent requirements. Below is an satellite image indicating the cleared area around the proposed structure. Scrgéningliges eft natural Area to be limbed to6 ft Cabin Area to be cleared Middler Fork Mineral Gre Clearing plan Section 6: Other regulatory approvals 1. CDPHE Letter 2. USACE PCN Approval 3. SJBPH Septic Permit 4. SWWCD Notice of Intent CDPHE Letter CDPHE COLORADO CO Hazardous Materials 81 Waste Management Division Depanestr st Fhunhe Heathi 3 Enwronmant Dedieated 10 protecting and impras ing the health and environmen! of the people ofcolordo October 5, 2021 Cameron Adams 3107 E. Louise Avenue Salt Lake City, UT 84109 RE: Ruby Trust Site, Alpine Water Resource Assessment, San Juan County, Colorado Dear Mr. Adams, On September 29, 2021, the Colorado Department of Public Health and Environment (CDPHE) received various reports (historic and current) pertaining to water quality assessments at the Ruby Trust site located at the Ruby Trust mining claim on Ophir Pass Road, San Juan County. Historic reports and current data indiçates that the draining adit at the Ruby Trust mine discharges low metals concentration waters and improves the overall water quality of the Middle Fork of Mineral Creek downstream of the mine water inflows. Previous water quality investigations made by the USGS in 1995 and the Colorado DRMS in 2016 produced similar results to those measured by Alpine Water Resources (Alpine) in 2021. Waste rock at the Ruby Trust site was assessed by Alpine in 2021. The Alpine report indicated that lead concentrations (14,700 parts per million (ppm)) and Arsenic concentrations (14.2 ppm) are both elevated above the Region 9 EPA Residential Risk Based Screening Levels. While waste rock concentrations exceed residential criteria for lead and arsenic, assessment of water quality above and below the waste rock pile indicates no negative impacts from potential contact between the mine drainage and waste rock pile. Further, the waste rock pile does not show any signs of recent erosion or mass wasting and the surface is well cemented. There is no visible vegetation kill zone below the waste rock pile and the receiving wetland appears healthy. The proposed development for the Ruby Trust site is not proposed for areas where waste rock is present, nor is the development proposed along the adit discharge. Based on the information provided by yourself, development of this property does not warrant submission into the State of Colorado Voluntary Cleanup Program. The main portion of the development will occur outside the waste rock/ discharge area. Development within the waste rock area will be limited to the installation of a knee wall, water weir and pipe for the purpose of collecting and piping water to a hydropower turbine downgradient. Due consideration has been given to location and installation methods of these proposed improvements. Water will be piped over waste rock and no waste rock will be disturbed. CDPHE is happy to assist the property owner with any questions pertaining to the proposed development as well as answer any questions San Juan County may have pertaining to this proposed development. Ifyou have any questions, please contact Mark Rudolph at (303) 692-3311 (office) or (303) 916-2179 (cell). Sincerely, Mark Rudolph 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P3 303-692-2000 www.olondogov/cdphe Jared Polis, Governor Jill Hunsaker Ryan, MPH, Executive Director CDPHIE Bonita Peak Superfund Project Manager and Brownfields Coordinator OF 4300 Cherry Creek Drive S., Denver, CO 80246-1530 P: 303-692-2000 www.oloadogow/cdpne Jared Polis, Governor JHLL Hunsaker Ryan, MPH, Exeçutive Director 8 6 USACE PCN Approval (extension currently in process) DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, ALBUQUERQUE DISTRICT 400 ROOD AVENUE, ROOM 224 GRAND JUNCTION, CO 81501-2620 October 22, 2021 Regulatory Division SUBJECT: Nationwide Permit Verification - Action No. SPK-2017-00948, Ruby Placer Driveway The Lorraine, LLC Mr. Cameron Adams 3107 East Louise Avenue Salt Lake City, Utah 84109 cka0405@gmail.com Dear Mr. Adams: This letter responds to your preconstruction notification (PCN) for the Ruby Placer Driveway project. The driveway construction and minor hydroelectric project is located off of San Juan County Road 8, within an unnamed tributary to the Middle Fork of Mineral Creek, within Section 4, Township 41 North, Range 8 West, New Mexico Principal Meridian, centered at approximately Latitude 37.84595°, Longitude 107.75208, 7.3 miles northwest of the Town of Silverton, San Juan County, Colorado. The work, as described in your submittal, will consist of the construction of a residential driveway and small earthen berm to facilitate a minor hydroelectric project, subject to Section 404 of the Clean Water Act. The specific activity that requires Department of the Army authorization is the discharge of 10 cubic yards of total fill material into waters of the U.S. This activity will result in permanent impacts to 0.02 acre of palustrine emergent wetland and 0.01 acre (30 linear feet) of unnamed perennial stream. The proposed activities would be conducted in accordance with the PCN dated September 10, 2021. Based on the information provided, we have determined that the project is authorized by Nationwide Permit (NWP) 14 = Linear Transportation Projects and NWP 18 = Minor Discharges. Permit summaries and the Colorado Regional Conditions are available on our website at http:/www: spa. usace. amm.MisonsReuaeNe Program-and-Permits/NWPL, Please refer to our website at http:lwww.spa. usace. amy.miMisions/Reguatoy-Prgsamand-Permis/Water. Qually-Certification! for specific information regarding compliance with state water quality certification (WQC) requirements. The permittee must ensure that the work complies with the terms and conditions of the permit, including Colorado Regional Conditions. 2- This permit verification is valid until March 18, 2022 (33 CFR 330.6), unless the NWP is modified, suspended, revoked, or reissued prior to that date. Continued confirmation that an activity complies with the terms and conditions, and any changes to the NWP, is the responsibility of the permittee. Activities that have commenced, or are under contract to commence, in reliance on an NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP's expiration, modification, or revocation. Within 30 days of project completion, the permittee must fill out the enclosed Certification of Compliance form and return it to our office. The landowner must allow Corps representatives to inspect the authorized activity at any time deemed necessary to ensure that it is being, or has been, accomplished in accordance with the terms and conditions of the NWP. If you have any questions, please contact me at the letterhead address, by phone at 970-243-1199, extension 1017, or by email at DdaFseasamn At your convenience, please complete a Customer Service Survey online at https/requlatory, ops. usacamymlcustonersenicesuney Sincerely, Tucker J. Feyder Project Manager NW Colorado Branch Enclosure CC: Ms. Lisa Adair, San Juan County Planning Director, adair@slverton.co.us Septic Permit SAN JUAN BASIN 281 Sawyer Drive PERMIT #: WWP2021-0509 Durango, CO 81303 ISSUED: 12/07/2021 public health Phone: (970) 247-5702 EXPIRES: 12/07/2022 ON-SITE WASTE WATER TREATMENT PERMIT APPLICANT PROPERTY OWNER INSTALLER THE LORRAINE, LLC The Lorraine, LLC 3107 E LOUISE AVE C/O Cameron Adams SALT LAKE CITY, UT 84109 3107 E LOUISE Ave LIC #: EXP: (949) 424-4780 Salt Lake City, UT 84109 ADDRESS: TBD CR 8 (OPHIR PASS ROAD) PARCEL #: 48270040040001-5 PERMIT TYPE: CONSTRUCTION SUBDIVISION: LOT #: LOT SIZE (ACRES): 20.5 DWELLING UNITS: 1 BEDROOMS: 3 SITE EVAL LTAR: 0.35 LIMITING ZONE: DEPTH: WATER SUPPLY: Well SEPTIC TANKS: 1000 gal MIN DESIGN FLOW: 450 GPD DISTRIBUTION: Gravity SOIL TREATMENT: Trenches (5) 3'x60' MAXI DEPTH 3' 14 chambers per trench Backfill crusher fines above chambers. Top with select native loam material. Mound trench backfill to prevent ponding due to settement Construct diversion swale above STA1 to divert run-off around trenches. WORK DESCRIPTION: New OWTS for proposed 3 bd dwelling. SPECIAL CONDITIONS Verify, visibly mark, and maintain required setbacks prior to and during construction regarding wetland delineation and surface spring water service. During excavation ofsoil treatment area, ifinstaller encounters soils that are not consistent with the soil profile report and/ or exhibit more than 35% rock, they musts stop work and notify SJBPH and engineer to determine how to proceed. AUTHORIZATIONT TO BEGIN CONSTRUCTION ORI REPAIRS The submitted design and above specifications are authorized for construction, subject to the above special conditions. All provisions of the SJBPH On-site Wastewater Treatment System regulations must be complied with whether specified herein or not. The granting of this permit does not give authority to violate or cancel any other state or local law or regulation governing construction or land use. Nicola Paaguini 12/7/2021 Authaized By Date FINAL INSPECTION The above system has been inspected and found to comply with the requirements as described on the Issued permit. SITE DEVELOPMENT SOLUTIONS C/O MICHAL VALENCIA PO BOX 997 BAYFIELD, CO 81122 System Designed by (name, company, phone) Finalized By Date Notice of Intent L34-20 Notice of Intent lo Make Absolute N.O.I. # 33 (ilssigne bys STCD) The below identified applicant hereby notices its intent to make absolute an increment of the Animas Service Area conditional water right decreed in Case No. 06CW127 consistent with the terms and conditions decreed therein. Use additional pages as needed Applicant Information: Name: Cameron Adams 949-424-4780 Telephone: Email Address: cka0405@gmail com 3107 e louise ave, Salt Lake City, UT 84109 Mailing Address. (The approved NOI will be mailed to this address) Prospectiye Water Right Increment Information: Proposed Use of Water (e.g. domestic, irigation, commercial): Household use in one home, hydroelectric power generation (non-consumptive) Proposed Source (groundwater. surface warcr): Surface water (spring) from mine adit Propused Place ofUsc (include parccl # if possible). Ruby Placer, MS 16941, San Juan. County, Colorado Anticipated Amount of Depletions (number of acres irrigated, stock use, domestic surface area,and pond evaporarion, etc. in the time periods per the 06CW127 decrce): Jan 0.000081 Feb 0.000081 Mar 0.000081 Apr 1-14 0.000081 Apr 15 - 30 0.000081 May 0.000081 June 1-14 0.000081 June 15-30 0.000081 July 1-14 0.000081 July 15-31 0.000081 Aug 0.000081 Sep 0.000081 Oct 0.000081 Nov 0.000081 Dec 0.000081 Revised 12/29/2011 CK The applicant is advised and recognizes that the execution of this Notice of Intent to Make Absalute confers no right, tite, ori interest in water beyond the right to perfect an increment of the Animas Service Area conditional water right consistent with the decree in Case No. 06CW127. Applicant is hereby given authority by Southwestern Water Conservation District and La Plata County to file an application to make the conditional water right absolute pursuant to the terms and conditions in Case No. 06CW127. The Southwestem Water Conservation District and La Plata County reserve the right to file opposition to such claim if deemed necessary 6h4121 Signed for the Applicant, (Title) (Date) Camern Aelons Printed Name Governmental Endorsements: Nbol T sola2 La Plata Cqunty (Date) NeRL STARKEGADNA DICECSRILPC C DEPTI Printed Name & - LoA SWCD e/ele STF Vbw OLIE Printed Nare Revised 12/29/2011 CK Part I: Boundary Line Adjustment Proposed Boundary Line Adjustment Between the Annie, Jay, Ninety-Six, and Branch Lode Claims to Align with CR8 TDB County Road 8 Township 42 N, Range 8 West, Section 4, NMPM MS 16941 MS 16941 Branch MS 16941. Jay MS 16941 Ninety Sa MS 14 A ADra = - a : a - - - - Ruby Puacer MS 16941 Applicant: Co-Applicant: The Kinley, LLC Pilatus LLC Cameron Adams, Member Thomas Popov, Manager 3107 E. Louise Ave 702 Patterson Ave Salt Lake City, UT 84109 Austin, TX 78703 949) 424-4780 12) 563-8484 Submitted: 03/22/2022 Table of Contents 1. Project Narrative 2. Supporting Documentation A. Vicinity Map B. Survey C. Preliminary Boundary Map D. Preliminary Boundary Map Annotated E. Mailing List F. Pilatus LLC Statement of Authority G. Pilatus LLC Property deeds Project Narrative Disclaimer This application is divided into two parts. Part lis relevant to the improvement plans of Mr. Adams which will take place entirely on his land. Part II concems the boundary line adjustment between Mr. Adams and Mr. Popov. For logistical reasons the two parts were combined into a single application. This allows a decreased workload for the county and the applicants. Also, a great deal of supporting documentation is shared between the two. However, it should be noted that neither Mr. Popov nor his companies are in any way related to part I of this application. Please consider part - and l of this application as distinct and separate aside from the common supporting documentation. Legal Property Description Absent any boundary line adjustments, Mr. Adams owns five contiguous claims through two separate limited liability companies. The Lorraine, LLC owns the Ruby Pacer Mining Claim. The vast majority of improvements proposed in Part I of this application will take place on this claim. The Kinley, LLC owns 4 additional lode claims which are contiguous to the Ruby Placer. Those parcels are the Annie, Ninety-Six, September, and Snowshoe lode claims. Approximately 57 acres are owned by Mr. Adams before the proposed boundary adjustment takes place. Mineral rights are also in the possession of Mr. Adams. Mr. Popov currently owns 20 claims totaling 174 acres through two separate limited liability companies. Pilatus LLC owns 16 of those claims (N2817) which are contiguous and lie immediately north of the Annie and Ninety-Six claims. Outlot Pines LLC owns 4 additional claims (N2828) which are located south-west of the Annie and Ninety-six on the opposing hillside. Upon approval of the boundary adjustment, 4.3 acres of the Ninety-Six would be absorbed by the Branch and 5.6 acres of the Annie would be absorbed by the Jay. As a result, Mr. Adams would own 47 acres across five claims while Mr. Popov would own 184 acres across 20 claims, post adjustment. This portion of the application focuses on the Annie, Ninety-Six, Branch and Jay lode Claims which can be found under MS 16941. These claims have significant areas of overlap. Possession of overlap areas depends on a parcels' seniority. The senior parcel retains possession of the overlap area whereas the junior yields possession of said area. Notably, the Ninety-Six is the senior claim in areas where it overlaps the branch and Annie claims. The Annie is the junior claim in areas of overlap with the Nintey-Six and Jay claims. All acreages mentioned in this applicant are "net", meaning that seniority has been accounted for in areas of overlap. The net acres of each parcel can be verified in the field notes which are on file at the county assessor's office. Zoning All property in question resides in the Mountain zone, below 11,000 ft. No overlay or protection districts apply. Reference Part :: Section 3 of this application for zoning maps. Property and Surrounding Area The Annie and Ninety-Six claims are not what one would expect when visualizing Ophir Pass. Contrary to the rocky, open and steep images that generally come to mind, both claims are on a mostly forested hillside with slope angles ranging from 10 to 30 degrees. The area surrounding the Annie and Ninety-Six claims is a mixture of densely forested hillside and open meadow. Hillside slope ranges from nearly flat to approximately 30 degrees. The claims are bordered by private property to the north and south and by national forest to the east and west. Reference the annotated property map in Part I: section 2 for a visual depiction of property ownership in the surrounding area. General Description The Annie and Ninety-Six claims and the property immediately to the south are owned by Mr. Adams. The Property to the north of those claims is owned by Mr. Popov. The Annie and Ninety-Six are bisected by County Road 8. This creates an unnatural and seemingly arbitrary properly boundary between the two owners. Mr. Adams owns a thin slice of land to the north of the county road while Mr. Popov owns a wide swath of land to the north of the roadway. This application seeks approval to adjust the property boundary between the Annie and Ninety- Six claims to the south and the Jay and Branch claims to the north to be co-located with the centerline of county road 8. Consequently the Jay and Branch claims would each gain approximately 5 acres while the Annie and Ninety-Six would each lose approximately 5 acres. An agreement has been reached between the two property owners to provide adequate compensation for the transfer of the above described land. This sales agreement is contingent upon, but not related to, approval of this application and subsequent recording of the boundary adjustment. It is important to note that this adjustment would not result in any change in number of parcels, thereby avoiding county subdivision regulations. It also will not result in an increase in the total number of property owners since all four parcels affected will remain under their current ownership. The only change will be the size of each parcel. General "buildabilty" will remain unchanged on the Nintey-Six and Branch claims. The Jay, which already contains a buildable area, will have another buildable area added to it when it absorbs the portions of the Annie which lie north of the road. The Annie will become a small and un-buildable parcel as it loses its buildable area to the Jay. Therefore, approval of this boundary line adjustment will result in a decrease in potentially buildable parcels. Refer to the preliminary plat map contained in Part I: Section 2 of this application for a depiction of the area to be transferred. Use The adjusted Annie and Ninety-Six parcels (portion south of CR8) will remain under the ownership of Mr. Adams and be used for access, infrastructure and picnicking type activities. The most impactful infrastructure project is the driveway, which was installed by the previous owner and remains in place today. In the near future the driveway will be improved and a hydro-electric system will be installed partially in this area. Refer to Part I of this application for detailed information regarding Mr. Adams' improvement plans. The Jay and Branch parcels will remain under the ownership of Mr. Popov but will be enlarged to incorporate the boundary adjustment. Mr. Popov purchased this property in September 2021 and is excited to explore the property and surrounding area this summer. As such, his plans are very preliminary. Neither the applicant nor Mr. Popov anticipate disturbing the peace and tranquility of the area through their use of this land. Use of ATVS/UTVS, excessive firearms use and generally noisy activities are certainly not planned by either party. Access and Easements Access to the area can easily be accomplished via CR8 seasonally. Winter access can be accomplished by foot or over snow vehicle. This project will have no effect on public access to the area. A 60 ft wide easement exists for CR8 as it crosses both the un-adjusted Annie and Ninety-Six claims. An easement also exists just up hill for the power lines which traverses both parcels. Finally a recorded easement exists on the Ninety-Six only to allow the construction of a private road to connect CR8 to CR8A. Approval of this application would cause that easement to transfer the the Branch claim but would only apply to the area originally contained in the Ninety-Six claim. Historic Impact The proposed boundary adjustment will not effect any historical sites or objects. Most objects of historical value can be found on the Ruby Placer to the south of the adjusted boundary line. Access to this area will not change. There are no known objects or sites that will be divided by the proposed adjustment. A full historic impact review has been completed and a summary letter is included in Part - of this application. That review includes the entire area under the consideration of this portion of the application. Cumulative Impact The proposed boundary adjustment will have no impact to the general public. While the total number of parcels will not change as a result of this application, the total number of buildable parcels will decrease by one. This aligns with the San Juan County's goal of limiting backcountry development while respecting private property rights. Realistically, this adjustment will have no effect on the number of structures in the area since the total number of property owners will remain the same. Given the county's policy of parcel consolidation upon improvement permit approval, total number of owners remains the most applicable variable relating to development. On a related note, approval of Part of this application will, upon commissioner request, trigger the restriction or consolidation of Mr. Adams land holdings immediately, respecting the proposed boundary adjustment. Environmental Impact Environmental impact is essentially tied to the number of structures built and area disturbed to access those structures. The number of structures in the area will not change as a result of the proposed boundary adjustment. Hazards The parcels in question are located in an area at risk of avalanche, environmental and wild fire hazards. An avalanche study is attached to this application and shows slides paths crossing the east and westem extremes of the un-adjusted Annie and Ninety-Six. Safe terrain exists in between those two extremes and covers the majority of the parcels. The environmental hazard is associated with the mine adit which is actively draining water in the area of overlap between the Annie and Ninety-Six parcels. Ownership of the Maine adit area would remain unchanged by the boundary adjustment. Finally there is always the risk of wildfire in the forest. Again, the proposed boundary adjustment will have no effect on that risk, positive or negative. The parcels under consideration are clear of known flood and geotechnical hazard areas. An extensive summary of the above risks is contained in Part I of this application. Though tailored to the Ruby Placer parcel, these reports remain applicable to the area of concern for the boundary line adjustment. Please reference Part I of this application for more information, including hazard maps. Applicant Disposition Both the applicants love the land under their stewardship and are committed to protecting it from over development and misuse. Each has informally agreed to avoid subdividing for profit and both intend to consolidate or otherwise restrict their land holdings when their respective improvement applications are approved. Vicinity Map Properiy owned by Mr Popov OPUS Hut Other owners Subject properties PCAN os Other owriers o MVune Vea Orert Property owned by Mr. Adams Map of Private Property Within 1 Mile Area Survey : 9 L 5 - , i : # 1: 7 a 3 a u i e - 7 5 5 3 * 8 a MS 18841 Seplember & MS 16941 € Snow Shoe a : & I a & : 3 S - € H r! E : i : E a :: * - I I - I L S 1 - % - * - : 4 - R a : a 8 - 8 I sI 6 E € - I 6 PNAT E a : : a - The Kinley LLC & Pilatus LLC Boundary line Adjustment Ninety Sa. Jay, Branch. and/ Anniel MS 18941 Un-surveyed Township 42Norh Range BV West, New Mexico Principal Meridan San Juan County. Colorado Preliminary Areat to be fAreat to be transferred vranstemedieine.ay to the Branch As 16941 Branch MS 16941.4y n a MS 16941 83 Ninely Six MS A - - - - Remaining Ninety- - ouro Six - Remaining Arni - - - - - I MS 16941 Ruey Placer a CARAL AAn snun M RNANEMAR - Annotated Boundary Map I Mailing List (Same as Part List) INDEPENDENCE LAND TRUST LLC RUBY BASIN LAND CO LLC PILATUS LLC PO BOX 26982 319 WILLOW DR 702 PATTERSON AVE TAMPA FL 33623 DURANGO CO 81301-7573 AUSTIN TX 78703-4724 KINLEY LLC, THE; cloCameron Adams LORRAINE LLC, THE; c/oCameron OUTLOT PINES LLC AVE Adams 702 PATTERSON 3107 E LOUISE AVE AUSTIN TX 78703-4724 SALT LAKE CITY UT 84109 3107 E LOUISE AVE SALT LAKE CITY UT 84109 153931 Page 1of1 SAN JUAN COUNTY, COLORADO LADONNAI L. JARAMILLO, RECORDER 10-19-2021 10:12AM Recording Fee $13.00 After Recording Retum To: Alpine Tide P.O. Box 4158 Telluride, CO 81435 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named: Pilatus, LLC 2. The Entity is a: limited liability company 3. Thel Entity is formed under the laws of: Colorado 4. The mailing address for the entity is: 702 Patterson Ave., Austin, TX 78703 5. The name and position of each person authorized to exccute instruments conveying, encumbering, or otherwise affecting title to real property on behalf oft the entity is: Thomas Popov, Manager. 6. The authority of the foregoing person(s) to bind the entity is not limited. 7. Other matters concering the manner in which the entity deals with interests in real property: NONE 8. This Statement of Authority is executed on behalf of the Entity pursuant to the provisions of C.R.S. Section $38-30-172. Executed this: October 2021 Pilatus, LLC, a Colorado limited liability company By: Thomas Popov, Manager STATE OF: Coldraclo COUNTY OF: Archuleta The foregoing instrument was acknowledged! before me this 5 day ofOctober, 2021, by Thomas Popov, Manager of Pilatus, LLC, a Colorado limited liability company Witness my hand and seal. My commission expires: te 0a/oal20a2 ty Nolary Public JENNETTE MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY 1081 19984002061 MY COMMISSION EXPIRES FEB2, 2022 153932 Page 1 of2 SAN JUAN COUNTY, COLORADO LADONNAI L. JARAMILLO, RECORDER 10-19-2021 10:12AM Recording Fee $18.00 State Documentary Fee $90.00 10-19-2021 WARRANTY DEED THIS DEED, made this 13" day ofOctober, 2021, between Ruby Basin Land Co. LLC, a Colorado limited llabillty companyof the County of San. Juan and State of Colorado, grantorts), And Pilatas, LIC, a Coloradol limited liability company whose legal address is 702 Patteron Ave., Austin, TX 78703 ofihe County of San Juan and State of Colorado, grantee(a): WITNESS, thet the grantor(s), for and in consideration of the sum of NINE HUNDREDTHOUSAND AND 00/100 DOLLARS ($900,000.00), the receipt id sufficiency of which is hereby acknowledged, has granted. bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantres their heirs and Assignst forever, all the rcal property, together with improvements, ifany, situate, lying and being in the County of San. Juan and State of Colorido, described as follows FOR LEGAI. DESCRIPTION SEE EXHIBITA A also known! by street und number us: Western,Sliverton, CO 81433 TOGETHER with all and singular the heredilaments and appurtenances thercunto belonging. or in anywise apperlaining, and the reversion andr reversions, remainder and remainders, renis, issues andy profits thereof, und all the estale, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments und appurtcnanocs. TO HAVEANDTOI HOLDihe sald premises above bargained ando described, with the uppurtenances; unto the grantees, their heirs and assignsf forever. And the grantor, fork himself, his heirs and personal representatives, does covenant, grant, hargaina and agree to and with the gruntees, their heirs and assigns, that at the time oft the ensealing and delivery oft these presents, he is well seized of the premises above conveyed, has good, sure, perfect, ebsolute and indefeasible estate ofi inheritance, in law, in fee simple, and has good: right, full powera and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, andt that the same are free ando clear from ail former ando other grants, bargains, sales, liens, taxcs, usscssments, encumbrances andr restrictions of whatever kind or nature, except for taxes for the curent year, lien but not yet due andp psyable, subject to statutory exceptions as defined in CRS 38-30-113, revised. The grantor shall and will WARRANT. AND FOREVER DEFEND the above-bargained premises in the quiet andj peaceable possession of the grantees, their beirs and assigns, against ail and cvery person or persons lawfully claiming the whole or any part thercof. The singular number shall include the plural, the plurl the singular, nd the use of uny gender shall be spplicable lo all genders. IN WITNESS WHEREOF, the grantor) has xecuted this deed on the date sel forth above. Ruby Basie Land Co. LLC, a Colorado limited liabillty company () By Gregg Clbonaidson as ManfingN Member Shate ofColorado SS. County Of do Plta The foregoingi instrumenty was acknowledged before me this Oetober 2021, by Gregg C. Donaidson as Mansging Member of Ruby Basio Land Co. LLC, a Coloradol limited liabllity company My Commission expires: 9 Ralapa4 Witness my band ando oflicigl seal. Lmiy Notary Public Amy A. Milofaky NOTARY PUBLIC STATE OF COLORADO GENERAL WARR TY DEED NOTARY ID 19924013000 Beplember 22, 2024 3237CEA MY COMMISSIONE EXPIREG October 13,2021 12:50PM 153932 10-19-2021 Page 2 of 2 Exbibit' 'A' Alhambra Lode Mining Claim, MS 16941, ls described in Patent recorded November 3, 1905 in Book A5 at page 361 and in tho Donaldson Boundary line Adjustment recorded February 19, 2021 al Reception No. 153358; Barban Alan Lode Mining Clair, MS 12902, as described in Paient recorded October 26, 2016 atl Receptionl No. 150786; Branch Lode Mining Claim, MS 16941, es described in Paient recorded November 3, 1905 inl Book AS st page 361; Cary Lode Mining Claim, MS 1339, as described in Putent recorded. January 24, 1889 in Book A2 at page 349; December Lode Mining Claim, MS 16941 As described in Patent recorded) November 3, 1905 ini Book AS at page 361; Della Lode Mining Claim, MS 16941, as described in Parent recorded November: 3. 1905 in Book AS at page 361; Highway Lode Mining Claim, MS 16941, BS describedi in Patent recorded November 3, 1905 in Book AS at pago 361; Jay Lode Mining Claim, MS 16941, as described in Patent recordedi November 3, 1905 in Book AS al pago 361; LaF Plata Minor Lode Mining Claim, MS 1131, as described in Patent rocorded October 26, 2016 at Rcccption No. 150784; Reginal Lode Mining Clalm, MS 16941, as described in Patent recorded November: 3, 1905 in! Book A5 at page 361; Ruby Lode Mining Claim, MS 15204, as described in Patent recorded October 26, 2016 atl Reception' No. 150785; Stonewall Lode Mining Claim, MS 1338, AS described in Patent recorded. Jenuary 24, 1887 in Book A2 at page 357; U.S. Treasury Lode Mining Claim, MS 1336, as describedi in Patent recorded Janusry 24, 1887 inl Book A3 at page 353; U.S. Treasury No. 2 Lode Mining Claim, MS 1048, as described in Patent recorded May 12, 1913 in Book AB ai pago 102 US. Mint Lode Mining Claim, MS 1337, as described in Patent recorded Jenuary 24, 1887 in Book A2 at page 361; Westem Lode Mining Claim, MS 16941, as describedi in Patent recorded November 3, 1905 in Book AS at pege 361: Minerall Rights Associated with tho unpatented Kumbaya Lode, Location Certificate recorded September 15, 2020 Reception No. 153050; Alli in Red Mountain Mining District, County ofSan) Juan, Suato of Colorado. WARRANTY DEED Fllel . 3237CEA Octaber 13,1021 12:50 PM 153933 Page 1 of 3 SAN. JUAN COUNTY, COLORADO LADONNA L. JARAMILLO, RECORDER 10-19-2021 10:12AM Recording Fee $23.00 SPECIAL WARRANTY DEED THIS DEED, Made this 13 day of October, 2021, between Ruby Basin Land Co. LLC,a Colorado limited llability company ofthe County ofSan Juan and! State ofColorado, grantor(s), and Pllatus, LLC,a Colorado limited Wability company whose legal address is 702 Patterson Ave., Austin, TX 78703 of the County of San Juan and State ofC Colorado, grantee(s): WITNESS, that the grantor(s), for and in consideration of the sum of TEN AND 00/100 DOLLARS ($10.00). the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, seli, convey and confirm, unto the grantec(s), his heirs and assigns forever, all the real property, together with improvements, ifs any, situate, lying and being in the County of San. Juan and State of Colorado, described as follows: Any and all water rights, water storage rights, geothermal rights, whether adjudicated or unadjudicated, any and all entitlements to water, whether contractual, by permit, or otherwise, and any and all groundwater rights, whether tributary or non-tributary, and whether adjudicated or not, and any and all water rights historically used upon and lor appurtenant to the Property, along with and including all permits, easements, structures, ditches, pipelines, headgates, wells, springs, pumps, measuring devices, and other facilities necessary for or uscd in connection with the exercise of such rights; appurtenant to the real property including, but not limited to that listed on EXHIBIT' 'A' TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appeartaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the eslale, right, litle, interest, claim and demand whatsoever of the grantor(s), either in law or equily, of, in and to the above bargained premises, with the hereditaments and appurtenances: TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the, grantee(s), his heirs and assigns forever. The grantor(s), for himself, his heirs, and personal representatives or successors, does covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above-bargsined premises in the quiet and peaceable possession oft the grantee(s). his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof, by, through or under the grantorfs). The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Ruby Basin Land Co. LLC, a Colorado limited liability company . V By Gregz C/Donaldson as Marlging Member STATE OF COLORADO COUNTY OF Pto The foregoing instrument was subscribed, swom' to, and acknowledged before me this day ofc October, 2021, by Gregg C. Donaldson as Managing Member of Ruby Basin Land Co. LLC, a Colorado Uimited liability company. My Commission expires: 9/aa/2024 Wimess my band and offiçial scal amyy Notary Public SPECIAL M. 1 Fler 3237CEA Amy A. Milofsky NOTARY PUBUIC STATE OF COLORADO NOTARYI ID 19924013000 MY COMMISSION EXPIRES Saptamber 22, 2024 153933 10-19-2021 Page 2 of3 EXHIBIT "A" Alhambra Lode Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 in Book A5 at page 361 and In the Donaldson Boundary line Adjustment recorded February 19, 2021 at Reception No, 153358; Barbare Alan Lode Mining Claim, MS 12902, as described in Patent recorded October 26, 20162 at Reception No.150786; Branch Lode Mining Claim, MS 16941, as described In Patent recorded November: 3, 1905 in Book A5 at page. 361; Cary Lode Mining Claim, MS 1339, as deseribed in Patent recorded January 24, 1889 in Book A2 at page 349; December Lode Mining Claim, MS 16941 as described in Patent recorded November 3, 1905 In Book. A5 at page 361; Della Lode Mining Clalm, MS 16941, as described in Patent recorded November. 3, 1905 In Book A5: at page 361; Highway Lode Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 Inl Book A5 at page. 361; Jay Lode Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 in Book A5a at page 361; Lal Plata Miner Lode Mlning Claim, MS 1131, as described inl Patent recorded October 26, 2016: at Reception No. 150784; Regina Lode Mining Clalm, MS 16941, as described in Patent recorded November: 3, 1905 in Book ASat page 361; Ruby Lode Minlng Claim, MS 15204, as described in Patent recorded October 26, 2016 at Reception No. 150785; Stonewall Lode Mining Claim, MS 1338, as described in Patent recorded January 24, 1887 in Book A2 at page 357; U.S. Treasury Lode Mining Claim, MS 1336, as described in Patent recorded January 24, 1887 in Book A3 at page 353; U.S. Treasury No. 2 Lode Mining Chaim, MS 1048, as described in Patent recorded May 12, 1913 in Book A8 at page 102 U.S, Mint Lode Mining Claim, MS 1337, as described in Patent recorded January 24, 1887 in Book A2 at page361; SPECL IAL WARRANTY DEED Fles JCEA 153933 10-19-2021 Page 3 of 3 Western Lode Mining Claim, MS 16941, as described in Patent recorded November 3, 1905 in Book ASat page. 361; Mineral Rights Associated with the unpatented Kumbaya Lode, Location Certificate recorded September 15, 2020 Reception No. 153050; All in Red Mountain Mining District, County of San Juan, State of Colorado. SPECIAL WARI NTY DEED Flet 3237CEA Appendix 1. Avalanche Study TRAUTNERAEOIEAETTO GEOTECHNICAL ENGINEERING. MATERIAL TESTING AND ENGINEERING GEOLOGY AVALANCHE HAZARD ASSESSMENT FOR THE RUBY PLACER AND TORNADO CLAIM, SAN JUAN COUNTY, COLORADO PROJECT SITE PREPARED FOR: MR. GREGG DONALDSON PROJECT NUMBER: 54717AV JUNE 22, 2017 649 TECH CENTER DRIVE SUITE A DURANGO, CO 81301 . 970/259-5095 . FAX 970/382-2515 PN: 54717AV June 22, 2017 1.0 INTRODUCTION This report presents our snow avalanche hazard assessment for the Ruby Placer and Tornado Claim near Silverton, Colorado approximately eight miles northwest of Silverton, Colorado. Our study was requested by Mr. Gregg Donaldson and was performed in accordance with the scope of services outlined in our May 2, 2017 proposal. This avalanche hazard study presents an evaluation and detailed discussion of the site exposure of the property owned by Mr. Donaldson including the Ruby Placer and Tornado mining claims near Silverton, Colorado to avalanche hazard. Our avalanche hazard analysis is based on our surface observations, a review of available literature, avalanche mapping for the area, dendrochronology, avalanche dynamics modeling and on our experience in the area. This study includes expected design level pressures from avalanche debris, avalanche runout distances and return periods. This study does not include design level geotechnical engineering consultation. This study includes avalanche mitigation design concepts. 1.1 Geologic Hazard Definition and Discussion There are three (3) statutes that were adopted by the Colorado Legislature that are pertinent to geologic hazards and land use. "The Land Use Act" of 1970 established the basis for which later bills could be enforced. The Land Use Act mandated that decisions and authority to develop and enforce land use planning regulations should be conducted at local government levels. Senate Bill 35 (1972) required that local county governments either adopt land use planning regulations for subdivisions or follow a model set ofregulations developed by the state. In 1974 the Colorado House amended the Land Use Act by adopting House Bill 1041. House Bill 1041 provided legal definition of natural and geologic hazards. A natural hazard is considered any hazard from geologic conditions, wildfire, or flooding. A geologic hazard is defined as "a geologic phenomenon which is SO adverse to past, current, or foreseeable construction or land use as to constitute a significant hazards to public health and safety or to property". The geologic hazards identified and defined in HB 1041 include; avalanche, landslide, rockfall, mudflow and debris fans, unstable or potentially unstable slopes, seismic effects, radioactivity and ground subsidence. 2.0 PROJECT BACKGROUND, SCOPE OF DEVELOPMENT AND SCOPE OF STUDY The subject property is located on CR 8 (Ophir Pass Road) in San Juan County, Colorado approximately six miles northwest of Silverton, Colorado (Figure 1). 1 TRAUTNERAGEOTECHLLC PN: 54717AV June 22, 2017 Tornado Claim RPU Ruby Placer verton! N 1 Goc Figure 1 Location map ofthe Ruby Placer and Tornado Claim 2.1 Current Scope of Development We understand that the proposed project will consist of constructing a small cabin on one of2 possible parcels in the Ruby Basin area near the Ophir Pass Road north of Silverton, CO. We will evaluate the avalanche hazard on both of the parcels. We understand that the building envelope for the cabin site has not been chosen and part ofthe study will include evaluation of a suitable area based on the expected avalanche hazard for the parcels. 2 TRAUTNER-IGEOIECHTIG PN: 54717AV June 22, 2017 2.2 Scope of This Avalanche Hazard Sludy We performed a field reconnaissance of the site on May 23, and June 2, 2017. The site observations include detailed observations of portions oft the site to evaluate the existence and potential significance of avalanche hazards that may influence the site property. The analysis and maps within this report do not cover avalanche hazards outside ofthe subject property The general scope of our study included the following; Field observations including a description of the site topography. We observed the site for evidence of avalanche hazards outlined in Colorado House Bill 1041. Identification of avalanche hazards that may influence the site. Tree coring to determine dendrochronology of past avalanche events and age of trees in and adjacent to the avalanche paths. Avalanche dynamics modeling to determine the potential runout length and impact pressures of design-level avalanches. We prepared an avalanche hazard map which is included as Figures 4 and 5 of this report. We are available to provide continued consultation through the review and approval process oft this project. As requested our scope of service only includes an avalanche hazard evaluation. This report does not provide general geologic hazard assessment of geotechnical engineering subsurface exploration or recommendations. Ifadditional geologic hazard assessment or a geotechnical engineering study is desired, we are available to develop a scope of service and associated fees for these services as the project progresses. 3.0 GENERAL AVALANCHE DISCUSSION 3.1 General Avalanche Hazard Discussion Avalanche paths generally consist of three parts: the starting zone, where avalanches initiate, the track, where avalanches reach maximum velocity, and, the runout zone where avalanches decelerate and deposit snow and debris. Avalanche paths can be either unconfined or channelized or have a combination of both. In Colorado, many avalanches are confined by gullies and forested areas, 3 TRAUTNERABROIERETTE PN: 54717AV June 22, 2017 The destructive force ofa avalanches occurs in two ways, the force from the powder blast which is at the leading edge ofa moving avalanche and the force from the dense, flowing debris which makes up the bulk of entrained snow. The dense debris has the largest impact pressures and typically follows behind the powder blast by a few seconds. The magnitude oft the avalanche impact pressure depends on the velocity oft the flow and density of the snow as well as the angle of the impacted structure to the flow. The maximum impact pressure occurs on a structure with a wall perpendicular to the flow. As this angle is decreased, the force per unit area or pressure decreases, SO that the calculated design pressure for a structure can vary from the predicted impact pressure. Avalanches have return periods similar to floods based on the probability of avalanche occurrence. Some avalanche paths have avalanches occur numerous times during the winter season. Other avalanche paths only have avalanche occurrences every one to three hundred years. For example, a return period of 100 years has a probability of occurrence of 0.01 in any given year. Unlike floods, the return period of an avalanche is dependent on extreme weather events and the structure ofthe snowpack when the extreme weather event occurs. Similar to floods, the probability of an avalanche occurring is not dependent on the time since the last event. Avalanche hazard zoning is usually based on the design avalanche. The "design avalanche" has a destructive potential that depends on the return period and the ençounter probability. The only reliable method for accurate identification oft the return period and encounter probability is a long observation period that is at least twice as long as the design period (Mears, 1992). For most zoning situations the design avalanche is based on an avalanche with a 100 year return period. Avalanche paths near residential areas in Colorado are generally delineated into two zones; the Red or High Hazard Zone and the Blue or Moderate Hazard Zone. The Red Zone is generally defined as an area affected by an avalanche with a return period of1 less than 30 years or by an avalanche with a dynamic impact pressure of greater than 30 kPa (or 600 lb/ft?). The Blue Zone is generally defined as an area affected by an avalanche with a return period of 30 to 100 years and also by an avalanche with a dynamic impact pressure ofless than 30 kPa (or 600 lb/ft?). Residential and commercial structures are generally permitted in Blue Zones when some type of mitigation is incorporated into the design oft the building. Avalanche hazard zoning is not consistent within the state of Colorado and is usually defined by the county government. Some municipalities have adopted specific avalanche hazard zoning rules. 3.2 Regional Avalanche Hazard Discussion The Ruby Placer and Tornado Claim are located in the San Juan Mountains of southwestern Colorado. Avalanches typically occur in the San Juan Mountains from November through May, though extraordinary snowfall events can cause avalanches to oçcur earlier or later in the winter season. Avalanches in the San Juan Mountains typically stay within well-defined avalanche paths, but can over-run historic avalanche paths during periods of unusually heavy snow fall. 4 TRAUTNERGEOIECHTLG PN: 54717AV June 22, 2017 Heavily timbered slopes are not necessarily safe from avalanche hazards particularly where the avalanche initiates on open slopes above the timbered slopes. We discussed historic avalanche activity on the Ophir Pass Road, CR 8 with Mr. Louis Girodo, the San Juan County Road and Bridge supervisor, on June 15, 2017. Mr. Girodo said that he has seen the North Lookout Ridge avalanche path deposit 25-30 feet of avalanche debris on the Ophir Pass Road and that it runs about every year. He noted the numerous avalanche fatalities in the area including the mail carrier who perished in an avalanche on Ophir Pass Road in the early 1900's. He also noted that the Bonner Mine on the south side of Mineral Creek (less than one mile from the Ruby Placer), was hit by an avalanche that destroyed some historic cabins sometime in the 1970's. There have been recent avalanche fatalities of backcountry skiers in the vicinity of Ophir Pass. 3.3 Avalanche Path Characteristics There are numerous avalanche paths, some with multiple starting zones that have the potential to affect the Ruby Placer and Tornado Claim (Figure 2). The avalanche paths which are currently unnamed are labeled as shown on Figure 2. 5 TRAUTNERABSOIERETTO PN: 54717AV June 22, 2017 ut T2 TI North Lookout Ridge 679 RP Ruby Forest N 2017 Google 197611 Figure 2. Avalanche paths adjacent to the Ruby Placer and Tornado Claim. Black lines are avalanche paths. Black Arrows are potential avalanche paths: Scale in feet. Note that adjacent paths are not shown. Potential building sites chosen by the client are shown as yellow pushpins and are labeled TI, T2 and RPI. (Google Earth Image) 6 TRAUTAERABROIERETTO PN: 54717AV June 22, 2017 3,4 Local Avalanche History Avalanche paths near the vicinity ofthe Ruby Placer and Tornado are shown on the INSTAAR avalanche hazard maps on the Silverton Quadrangle, 1976. The previously unnamed avalanche paths on the north of the subject property have reached CR 8 (Forest road 679) numerous times in the past including during the mid-January, 2017 avalanche cycle. We refer to them as the North Lookout Ridge, T1 and T2 avalanche paths on Figure 2. The avalanche paths to the south are previously unnamed. We refer to it as the Ruby Forest avalanche paths on Figure 2. 4.0 AVALANCHE HAZARD DISCUSSION We have provided a brief discussion of the observed conditions followed by a discussion regarding potential mitigation concepts for the observed avalanche hazard. 4.1 Local avalanche hazard. Average annual snowfall for the area near Silverton, Colorado is approximately 5 m (197 inches) per year (Western Regional Climate Center). The average settled snowpack depth in the vicinity ofthe site avalanche path is approximately 1.5 to 2.5 m (5 to 8 feet) although this depth can vary considerably. The avalanche paths near the Ruby Placer and Tornado are defined in this study as shown on Figure 2. This was based on historic avalanche occurrences, potential impact pressures and snow flow heights modeled with the RAMMS avalanche dynamics model, and on dendrochronology of trees within the avalanche path. Details oft these methods are discussed below: 4.2.Avalanche dynamics modeling with RAMMS We analyzed the potential for snow avalanches to occur on the slopes above the Ruby Placer and Tornado Claim using the Swiss RAMMS (Rapid Mass Movements Simulation) model. RAMMS is a two-dimensional, state-of-the-art numerical simulation model to calculate the motion of geophysical mass movements (ie. snow avalanches) from initiation to runout in three- dimensional terrain at the subject property (RAMMS User Manual v1.5). We utilized a Digital Elevation Model (DEM) and orthophotos of the site and surrounding terrain acquired from Digital Data Services (DDS) for the analysis. RAMMS allows the user to input various snow slab heights for the avalanche release zone and to vary the friction parameters for forested regions within the avalanche path. We input the forested regions based on our site analysis in the field as well as utilizing the orthophotos from DDS and Google Earth images. We input the snow height release areas based on our field reconnaissance. We applied the Swiss default friction values for the avalanche paths in the study. The predicted runout, flow heights, velocities and calculated impact pressures for a 100 year return period avalanche event from the RAMMS model are shown in the figures below. 7 TRAUTNER-IEOECHIIG PN: 54717AV June 22, 2017 Parameters for the avalanche simulation were based on topographical and vegetative indicators within the avalanche path. Snow depth and density were based on NRCS SNOTEL data from the Red Mt Pass SNOTEL site and the Western Regional Climate Center data for Silverton. The average snow depth for the Ruby Placer and Tornado avalanche paths were interpolated between the two sites. The predicted runout, flow heights, velocities and calculated impact pressures for a 100 year return period avalanche event from the RAMMS model are shown in the figures below. It should be noted that the predicted runout zone from the RAMMS model does not show the potential cabin site for T2 in the calculated avalanche path. We have increased the size oft the calculated avalanche runout zone from the RAMMS model due to our field observations, dendrochronological analysis, historic avalanche activity and our experience in the area. We utilized RAMMS to interpolate the impact pressures, velocity and snow height ofthe flowing avalanche debris at the potential cabin sites. The calçulated potential impact pressures from the design avalanche for the avalanche paths in the vicinity of the Ruby and Tornado claims are shown on Figure 3. The maximum calculated velocities for the design avalanche are shown on Figure 4. The maximum calculated snow heights are shown on Figure 5. 8 TRAUTNER-GEOTECHILC PN: 54717AV June 22, 2017 30.00 25.00 0 20.00 - - 15.00 10.00 a 5.00 0.00 Figure 3 Orthophoto ofthe avalanche paths in the vicinity ofthe Ruby and Tornado claims with modeled maximum impact pressures in color for a release with a 1.25 meter slab. The color bar indicates impact pressure in kiloPascals (kPa). Any area colored red has impact pressures great than 30kPa and is in the Red or High Hazard zone ofthe avalanche paths. 9 RAUTNERABROIEHETTE PN: 54717AV June 22, 2017 50.00 41.67 3 - 33.33 25.00 16.67 € 8.33 0.00 Figure 4 Orthophoto ofthe avalanche paths in the vicinity ofthe Ruby and Tornado claims with modeled velocities for a release with a 1.25 meter slab. The color bar indicates velocity, scale is in meters/second. 10 TRAUTNER-ICEOTFAEG PN: 54717AV June 22, 2017 25.00 20.83 E 16.67 - 12.50 € 8.33 4.17 0.00 Figure 5 Orthophoto ofthe avalanche paths in the vicinity ofthe Ruby and Tornado claims with maximum flow height ofsnow for a release with a 1.25 meter slab. The color bar indicates height of avalanche debris. Scale is in meters. 11 TRAUTNER-ICETG PN: 54717AV June 22, 2017 250.00 208.33 166.67 125.00 83.33 41.67 0.00 Figure 6. Profile location for estimated impact pressures and snow heights from avalanche debris across the Tornado Claim. Red line indicates profile shown in Figure 7 and 8. 12 TRAUTNERAGEOTECHLLC PN: 54717AV June 22, 2017 Simulation: RTNorth_3 250 200 3450 150 3400 100 a 3350 50 Potential Cabin Site 100 200 300 400 Proj. Distance (m) Figure 7. Profile of Maximum Impact Pressures in kPa across the Tornado claim along red line shown in Figure 6. Key to figure 7 and 8:- filled grey area active parameter (scale on left side). - red line active parameter (multiplied by 50) added to the track profile (altitude, scale on the right side). - green line track profile (altitude, scale on the right side). - bottom scale projected profile distance (in m). 13 TRAUTNER-IGEOEAHTIC PN: 54717AV June 22, 2017 Simulation: RTNorth 3 30 25 3450 20 E 3400 15 10 3350 5 Potential Cabin Site 100 200 300 400 Proj. Distance (m) Figure 8. Maximum snow height from avalanche debris along profile shown in Figure 7. We also modeled avalanches from the slopes on the south side of the Ruby Placer with RAMMS avalanche software. The Ruby Forest avalanche path affects the southern part of the Ruby Placer. The avalanche from the north (North Lookout Ridge path) affects the Ruby Placer site with higher impact pressures, velocities and snow depths than the smaller paths to the south. We are available to discuss these results if desired. 4.3 Dendrochronology and Vegetative Indicators ofAvalanche Frequency Trees within and adjacent to the Ruby and Tornado claims were bored with an increment core to determine the age ofthe trees. Past avalanche activity can also be interpreted from increment cores and cross sections where the tree has been partially damaged from avalanches. Dendro- ecological techniques can provide a means for reliably dating avalanches and calculating frequency where sufficient woody vegetation exists for sampling (Jenkins and Hebertson, 2004). 14 TRAUTNERIGEOECHG PN: 54717AV June 22, 2017 Six trees were sampled with an increment core and numerous trees were inspected for flagging in or adjacent to the avalanches paths near the Long property. The locations are shown on Figure 9, The ages of the trees are shown in Table 1. Trees of similar diameters were noted in areas where samples were taken. Flagged trees have had the branches on the uphill side broken off by previous avalanche events. Based on the dendrochronologic techniques used and the modeling methods described above, the avalanche paths were drawn as shown on Figure 2. 15 TRAUTNERAEROIEAETTE PN: 54717AV June 22, 2017 Tree 5 Tree 1 Trees 2 & 3 T2 RNADO M 679 Tree 4 THE RUBY PLACERS RP1 Tree 6 1350 ft Figure 9 Locations of dated trees near the Ruby. Placer and Tornado Claim. Numbers correspond. to Table 1. TI, T2 and RP I indicate areas where we analyzed the hazard at potential building sites. 16 TRAUTNER-IGEOIECHIG PN: 54717AV June 22, 2017 Table 1 Ages of trees near the Ruby Placer and Tornado, dated with increment bore. Location Type ofTree Approximate Age in years +/- 5yrs I Engelmann Spruce 87 2 Douglas Fir 120 (+/-15 yrs) 3 Blue Spruce 95 4 Engelmann Spruce 136 5 Engelmann Spruce 108 6 Engelmann Spruce 27 4.4 Avalanche Hazard to Potential Building Sites and Access at the Ruby Placer and Tornado Claim We consider that the proposed potential building sites T1, T2 and RP1 which were chosen by the client as shown on Figure 2 and Figure 9 have different degrees of avalanche hazard as outlined below based on the history oft the path, size and damage to the trees above and on the site and the avalanche dynamics modeling we conducted. Site T1 on the Tornado Claim, which we consider to be within about 150 feet of the existing mine building, is not located within an active avalanche path. There are avalanche paths close by the site in the deep gully to the west and in the avalanche path to the north as outlined in Figure 2. There may be other geotechnical issues associated with the building site due to the steep slopes in the vicinity, but these are not addressed in this report. Site T2 on the Tornado Claim, which we consider to be near the existing mine dump below unnamed access road from the west, is located just below an active avalanche zone as shown on Figure 2. We therefore do not recommend site T2 as a building site due to the potential for an avalanche to reach the site. The area just southeast of site T2 may be feasible for a building site location as it is located outside of the avalanche path in the thicker timber to the southeast. Any area that is outside of the avalanche paths shown on Figure 2 within the Tornado claim may be considered to have no avalanche hazard. It should be noted that the lines drawn on Figure 2 that represent avalanche paths should be interpreted to be the general location of1 the avalanche path. It is always prudent to have a buffer between the avalanche path location as shown on Figure 2 and the actual building site chosen for development to account for larger avalanche events than those modeled. There may be other geotechnical issues associated with the Tornado claim but they are not addressed in this report. Trautner Geotech is available to discuss a geotechnical engineering study if desired. 17 TRAUTMERAEROIEAETTE PN: 54717AV June 22, 2017 Site RP1 of the Ruby Placer has parts of the property that are within an avalanche path and could be considered to have significant avalanche hazard. We recommend that any building site be located at least 100 feet from the avalanche paths that reach the Ruby Placer shown on Figure 2 due to the large size of the avalanche path (North Lookout Ridge) that initiates to the north of the Ruby Placer. The eastern part ofthe Ruby Placer is located outside ofthe avalanche hazard zone and may be suitable for a building site. There may be other geotechnical issues associated with the Ruby Placer but they are not addressed in this report. Trautner Geotech is available to discuss a geotechnical engineering study if desired. The estimated impact pressures shown on the profile in Figures 7 and 8 are based on design avalanches which occur during extraordinary snowfall events and would produce avalanches capable of causing damage to any structure not protected by avalanche mitigation. These events would involve a large storm event coupled with a weak layer of snow on which the storm snow would fall. Normal snowfall amounts can produce avalanches on the subject property and caution should be taken when traveling on or near the slopes during or immediately after snowfall events or after snow accumulation due to wind. San Juan County does permit some building in Blue zones, but requires avalanche mitigation. We must emphasize that the access roads and surrounding areas are crossed by large and frequent avalanche paths that can pose a serious threat during unstable snow conditions and during storm events. It would be prudent to check with the Colorado Avalanche Information Center daily avalanche bulletin prior to accessing the property during the winter season. 4.5 Potential Avalanche Mitigation We feel that the best mitigation on these sites is avoidance of avalanche areas as outlined in Figure 2. On the Ruby Placer site we recommend a further buffer away from the modeled avalanche paths as shown in Figure 2 due to the large size of the avalanche path that can affect the Ruby Placer site. Site-specific avalanche mitigation design is beyond the scope of this study, but there are typically two possible mitigation strategies for the potential building sites in the Blue or Moderate Hazard avalanche zones; direct protection or an avalanche deflecting berm. Direct protection for a structure includes engineering the structure to withstand the estimated impact pressures. This usually involves a concrete barrier along the bottom of the structure with the angle ofthe walls designed to lessen the impact pressures from the avalanche debris and powder blast. Direct protection avalanche mitigation can increase the cost of a structure by about 20%. An avalanche deflecting berm usually includes an engineered MSE (Mechanically Stabilized Earth) or GRE (Geotextile Reinforced Earth) type earthen berm that would mitigate the hazard to building envelope ofthe potential building site. Avalanche deflecting berms are earthen berms designed to intercept and deflect avalanches at a small angle to their natural flow direction and 18 TRAUTNERAEROIEAETTE PN: 54717AV June 22, 2017 divert snow away from the objects to be protected (Mears, 1992). Avalanche deflecting berms are cost effective but avalanche deposits tend to backfill berms in cases when more than two avalanches per season are expected to reach the berm. When an avalanche reaches the berm and deposits snow on the uphill side ofthe berm, it reduces the effective height of the berm and can allow subsequent avalanches to overrun the berm (Mears, 1992). These type of structures can be cost effective if there is extra soil material left over from the foundation excavation. Although we recommend that any building envelope be located outside of the avalanche zones shown on Figure 2, if desired, design of mitigation features or structures should be conducted by a structural engineer familiar with avalanche structures as part of the continued design development of this project. These mitigation concepts do not apply to other areas on the Ruby Placer and Tornado Claim property. 5.0 CONCLUSION The information presented in this report is based on our surface observations, a review of available literature, avalanche mapping for the area, dendrochronology, and avalanche dynamics modeling and on our experience in the area. We recommend that we be contacted and included in future design phases and development ofthis project to provide engineering geology and avalanche hazard mitigation consultation. Please contact us immediately if you have any questions, or if any of the information presented above is not appropriate for the proposed site development. Trautner Geotech does not provide general civil engineering, or structural engineering consultation. The information in this report should be shown to a competent structural engineer familiar with avalanches sO that they may incorporate the estimated impact pressures into any future structure design planned for the property, The information presented in this letter is applicable only for the Ruby Placer and Tornado Claim near Silverton, Colorado and is based on our surface observations, avalanche history, dendro-chronological tree ring analysis, avalanche dynamics modeling and on our experience in the area. We recommend that we be contacted and included in future design phases and development of this project to provide engineering geology and avalanche hazard mitigation consultation. Please contact us immediately if you have any questions, or if any oft the information presented above is not appropriate for the proposed site development. The avalanche hazard observations presented above are not suitable for adjacent project sites, or for a proposed scope of development which is different than that outlined for this study. Avalanche hazard can vary depending on a number of factors including but not limited to; snow pack height, snow layer type, wind speed and direction, and meteorological factors before, during and after a storm cycle. We provide an estimate of the potential hazards of a design avalanche for the subject avalanche path, but extraordinary snow or weather phenomena can produce unexpected avalanches in areas that have no evidence of previous avalanche activity. 19 TRAUTNERAEROIEAETTE PN: 54717AV June 22, 2017 We are available to review and tailor our study, if needed, as the project progresses and additional information which may influence our evaluation of the site becomes available. Design and feasibility level geotechnical engineering studies of the site will help develop subsurface soil and water information that may be pertinent to roadway and foundation design. Please contact us to establish a scope of service for design phase geotechnical engineering consultation studies and construction phase materials testing services. Please contact us if you have any questions, or if we may be of additional service. Respectfully submitted, TRAUTNER GEOTECH LLC Reviewed by J. Andrew Gleason David L. Trautner, P.E., CPG Engineering Geologist/Avalanche Specialist Principal Geotechnical Engineer References Mears, A. L, 1992, Snow Avalanche Hazard Analysis for Land Use Planning and Engineering, Colorado Geological Survey, Bulletin 49, Dept. of Natural Resources, Denver, CO. Jenkins, M. J., and Hebertson, E. G., 2004, A Practitioner's Guide for Using Dendro-Ecological Techniques to Determine the Extent and Frequency of Avalanches, International Snow Science Workshop, p. 423, Jackson, WY, 2004. 20 TRAUTNERABROIEAETTE MEMORANDUM May 11, 2022 TO: Board of County Commissioners FR: William A. Tookey, County Administrator, Becky Joyce, Public Health Director, Loretta St. George, Former Public Health Director RE: Sustainability of the Silverton Clinic Lois Mackenzie had requested to be put on the agenda to provide the Commissioners with an update on the Clinic. It was suggested by Public Health Director Joyce that we should expand the time and focus to create a work session to discuss the sustainability of the Silverton Clinic. The Silverton Clinic has become a critical component of Silverton/San Juan County's healthcare, San Juan County provides space and utilities at no charge to the Silverton Clinic. San Juan County also provides the clinic nurse/manager salary in the amount of $20,788.56 (13hrs./wk. @ $30/hr.) Public Health also contributes an employee's time to assist with the clinic during their operating hours. Additionally, the County spent more than ten thousand dollars a few years ago to upgrade the furnishings, cabinets, etc. in the clinic. The Silverton Clinic is a registered 501(c)(3) non-profit corporation with a Board of Directors that are responsible for the operation of the clinic. The clinic is a free community clinic opened one day per week. Itis staffed by a nurse practitioner Agnes Eytchison. that is provided by and paid for by the Mercy Regional Foundation and the clinic nurse/manager Lois MacKenzie that is currently paid by the county. Both the nurse practitioner and nurse/manager have been serving the clinic for 8 years. The clinic has developed a strong client base. Dr. Bob Brokering serves as the medical advisor for the clinic. Approximately 80% of the clinic's clients have Medicare, Medicaid or private health insurance. As a free clinic the clients are not charged, and their insurance is not billed. The clinic does accept donations. The clinic has relatively low operating costs and have been able to provide continuous service to the community. It is possible that the clinic could continue to operate as it has been indefinitely. Iti is also possible that clinic could cease operations with little or no notice. Lois MacKenzie and Agnes Eytchison are greatly responsible for the operations and success ofthe clinic. I don't believe Agnes is planning to retire anytime soon but Lois has given her notice to leave the clinic but has continued to work until a replacement is found. Neither Lois nor Agnes will be easy to replace as currently structured. Additionally, there is no formal agreement with Mercy Regional Foundation. As such, we have no guarantees as to how long they will continue to provide this medical service to the community. There is no financial security to continue to maintain the current level of service. Operating as a free clinic has not provided the financial resources to operate the clinic should Mercy withdraw its support. San Juan County does not have the financial resources at this time to provide any additional funding. The Town of Silverton may be able to provide additional funding to help support the clinic. To my knowledge the Clinic's Board of Directors have not been able to secure additional funding for operations through public or private grants. I do not know ifthey have developed any alternative plans to operate the clinic in a manner that might generate additional revenues. Maintaining the clinic at its current level of service is critical for the community's health care needs. Additional clinic days and hours a necessary to provide for the community's health needs. A recent meeting was held with AXIS Healthcare to explore what options they might be able to provide toward health care. Public Health Director Joyce provided a summary oft the meeting below: Ijust wanted to recap our meeting with Axis Healthcare to address Primary Healthcare in Silverton. A big thank you to those who attended, especially Linc Pearson, their Chief Integration Officer from Axis Healthcare who drove up from Durango and who also provided lunch. Attendees: Linc Pearson, Willy Tookey, Paulette Schmalz, Lois Mackenzie, Becky Joyce, Dayna Krankor (who is completing the community health assessment currently) andTracy Boeyink (Cultural Broker for Silverton's Mexican Community). What Was Achieved: -Celebrating the accomplishments ofthe Silverton Clinic. Orienting Linc to the services the Silverton Clinic provides. -Linc oriented the group to the services Axis Health provides for Silverton. -Community Health Assessment (Dayna and Tracy) is revealing community desires for more primary care services (more than one day a week), including integrated care which is behavioral and oral health, which Axis provides in the Region. -Axis Health would need to do a feasibility study to see ifthey could operate a clinic in Silverton if requested by the County but did not want to offer the option if the community did not request it. -Axis Health gathered information on what funding sources the Silverton Clinic has currently and Willy and Becky described the funding being provided for the clinic by the County. -Paulette and Lois discussed the challenges of replacing Lois's position and the lack of qualified medical people who were willing to work for lower wages while taking on the responsibility of running a clinic. -The fragility of the Silverton Clinic was discussed. Group consensus was that the SJC Board of Health needed to be updated on the status of the Clinic, options of a potential new partnership with Axis Healthcare and help with the decision making about the future of primary care in Silverton. Action Plan -Axis Health could potentially help train a Medical Assistant if that would help support the Silverton Clinic with personnel. -Axis Health would potentially see if their medical director would consider being the Silverton Clinic's medical director. -Currently, Axis Health has a full-time behavioral health therapy position advertised for San Juan County. -They also are looking to hire a local Peer Navigator who would help with health navigation for SJC residents. -A work session is scheduled with the BOCC to discuss these current issues. Becky Joyce and I also met with the County Attorney to discuss the County's association with the clinic in order to better clarify responsibilities and minimalize liabilities. One of the main concerns was having an employee that was paid by the county but supervised by the Clinic Board of Directors. Because the clinic was considering hiring a new employee and due to a prior incident where a public health employee was paid by entirely by the county but split time between public health and the clinic. There were no real guidelines about supervision, responsibilities, duties, termination etc. I had hoped that the County Attorney would be able to assist in creating a Memorandum of Understanding (MOU) that would spell everything out. It was the opinion of the cleanest way to do this was for the Clinic Board to hire and supervise their own employee and that the County would merely provide the clinic with a donation of the $20,788 as currently budgeted. Anything short of that could leave the County potentially liable for any actions oft the clinic. The attorney also suggested that the county enter into a lease agreement with the clinic that defines the areas being occupied by the clinic. Becky and I have met with the clinic board to discuss the attorney's recommendations. As everyone has experienced over the last couple ofyears Covid has made it difficult to meet and develop comprehensive plans. While Zoom has allowed everyone to maintain it is really beneficial when everyone can sit around a table and discuss the issues. Potential options for moving forward would include: Exploring other options for clinic designation such as a rural health center or working with a Federally Qualified Health Center such as Axis Healthcare. Aggressively pursue a replacement for the retiring Clinic Nurse/Manager Have the County Board ofHealth make a formal request to Axis Healthcare to conduct a feasibility study concerning primary healthcare services for San Juan County. Develop a time on the BOCC agenda schedule for the Clinic Board to meet regularly with the Commissioners. It should be at least quarterly and could be monthly. Meet with Mercy Regional Foundation to better determine what their commitment to the clinic is and how they would plan to proceed if Agnes decided to leave. The purpose of this memorandum and meeting is not to step on anyone's toes. The Clinic Board and Staff may have all oft these issues well under control or have explored other options and determined that they are not feasible. If at the end of the meeting everyone is comfortable with the current status and future operations of the clinic, then that would be great, and we can spend our time and energy on other issues. However, if everyone is concerned about the sustainability ofthe clinic then we need to develop a plan to ensure that the clinic is sustainable and has the ability for expansion. Bonita Peak Mining District Update April 2022 FORESI Stivg United States COLORADO SEPA Environmental Protection UAS Department ofPublic Agency. Health 61 Environment NTOFA AaC htp/AwwwepasowVuneertunpontapeak Site Announcements On April 28, 2022, the Federal District Court entered a consent decree detailing a final settlement agreement between the Justice Department, the Environmental Protection Agency, the Department of Interior, the Department of Agriculture, the State of Colorado, and Sunnyside Gold Corporation (Sunnyside) and its Canadian parent company Kinross Gold Corporation (Kinross) concerning the Bonita Peak Mining District (BPMD) Superfund site. EPA and the. Justice Department announced the details of the proposed settlement on January 21, which was subject to public review and comment prior to being finalized today. EPA held a public meeting on the Consent Decree on March 16, 2022, at the request of the Town of Silverton/San Juan County to receive additional comments. Under the agreement, Sunnyside and Kinross will pay $40,950,000 to the United States; and $4,050,000 to the Colorado Department of Public Health and the Environment (CDPHE). The United States will also contribute $45,000,000 to the continuing cleanup at the BPMD Superfund site. In addition, Sunnyside and Kinross will dismiss its claims against the United States. All money recovered by EPA under the Consent Decree will be placed in an EPA special account and used to fund future response actions at the BPMD site. As a result of this agreement, Sunnyside is relieved of its obligation to carry out remedial investigation work at the site and EPA will take over this work. The Consent Decree also grants property access to the United States, the State of Colorado and other Potentially Responsible Parties for the purpose of carrying out future response actions. Site Updates Sitewide Repository EPA continues to design a sitewide mine waste repository which will be sited at the Mayflower Impoundment #4. The repository design balances safety, capacity, and operational feasibility. It's anticipated that the repository construction will begin in Spring 2023. Cement Creek Ice Dam Following an orange water observation in Cement Creek on February 3, 2022, EPA confirmed the source was a natural ice dam release in Cement Creek approximately 900 feet MAYFLOWER IMPOUNDMENT #4 upstream of the Yukon Mine site. EPA conducted limited sampling, and the data package is available at the link below. Planned Activities During the week of May 22, EPA will be conducting a round of high groundwater sampling in the 0U1 wells located in the Eureka Fluvial Tails Focus area to better understand seasonal variability in groundwater elevations and seasonal variability in groundwater-surface water interaction. Upcoming Training Opportunities EPA is hosting a free in-person 40-Hour HAZWOPER Health & Safety Training. The training is required for those working on Superfund sites and will prepare local residents for employment opportunities that may become available in the Bonita Peak Mining District. There is no charge for participants, but registration is required. For more information, please contact Mark Rudolph at 303- 692-3311 or matsrugophesate.ous May 9-13, 2022 8:00am - 5:00pm In-person event; Please note the alternate location on Friday, May 13 Location Monday-Thursday: Kendall Mountain Recreation Center, 1 Kendall PI Silverton, CO 81433 Location Friday: Silverton San Juan Fire & Rescue Authority, 1500 Greene St Silverton, CO 81433 Register at: https/Ptinyurl.com/2p8ddmrh CDPHE is hosting a free in-person/virtual 8-Hour Health and Safety Refresher Training. Please note that the 40-hour certification should be considered a pre-requisite for taking this refresher class. There is no charge for participants, but registration is required. For more information, contact Mark Rudolph at 303-692-3311 or marerucolpnetatecous June 1, 2022 8:00am 5:00pm Hybrid in-person/Virtual event In person location: Kendall Mountain Recreation Center, 1 Kendall PI Silverton, CO 81433 Register at: tp/inatcem2hsgnes New on the Web 2021 Annual Construction Summary Report: Interim Remedial Action 2021 Final Report: London Mine Cement Creek Ice Dam Data Package Red and Bonita Mine Bulkhead Test Closure Analytical Report Technical Memorandum: Surface Water Loading Tool BPMD Team Changes EPA's BPMD Site Team wishes Rob Parker, Remedial Project Manager, well in his new position supervising the Field Services Section in EPA Region 8's Drinking Water program! Rob has worked on the BPMD Site since 2015. We also bid farewell and well wishes to Kerry Guy, On-Scene Coordinator, who has moved into a management position in EPA's Removal Program. Kerry has worked at the site since 2015 and spent many summer seasons enjoying Silverton! EPA's BPMD Site Team welcomes several new members: Jessica Duggan (March 2022) - Remedial Project Manager Craig Myers, Eric Sandusky, Megan Schuette (April 2022) - On-Scene Coordinators SAN JUAN COUNTY COLORADO 1557 GREENE STREET P.O. BOX 466 SILVERTON, COLORADO 81433 PHONE/FAX 970-387-5766 jumcouny@frontierant May 11, 2022 Senator Hickenlooper 374 Russell Senate Building Washington, DC 20510 Re: Investing in a Transboundary Watershed Approach Senator Hickenlooper, As you are aware, the Gold King Spill initiated heightened interest in the environmental health of the Animas River and the San Juan Watershed, which resulted in legislation (See P.L. 114-322) supporting collaborative efforts in monitoring and assessing the health of the watershed and enabling us to act on those issues of concern in Colorado. The investment fostered Tribal and State collaboration and a commitment to work together for the benefit ofthe watershed community. When informed of these efforts, we know you will recognize the investment as being critical to the future oft the region's S water resources as well as an important part of addressing issues in the Colorado River Watershed which serves more than 30 million Americans in the Rocky Mountains and the American Southwest. The importance of collaboration in the San Juan Watershed, a significant part oft the Colorado River Basin, cannot be overstated. The Colorado basin's S water brings life to the major metropolitan areas (e.g., Los Angeles, Phoenix, Denver, Salt Lake City, Las Vegas, Albuquerque), and the hundreds of communities and agricultural areas in the American West. While we recognize not all areas receive San Juan Waters, it is undeniable the San Juan Basin is an integral part ofthe water management system serving the watershed. In addition, the basin includes a diverse area- national parks, monuments, recreation areas, forests, wildlife refuges, state parks and sacred lands. We are concerned leadership in Washington, D.C. has not been fully informed of the critical work the Tribes and States have conducted in the San Juan Watershed under P.L. 114-322. Equally important, it has come to San Juan County and the Silverton Community's attention the investment into coordination within the Colorado River Basin by the Environmental Protection Agency is lacking as compared to other regions. For example, in their 2023 budget, the EPA proposes $578.6 million dollars supporting geographic programs, yet none of the regional specific efforts appear to serve the Colorado River Basin. It is time the San Juan Watershed and the other watersheds within the Colorado River Basin are provided the same level of attention provided to other regions within the United States. The vision many continue to discuss is one where coordination of collaboration among conservation districts, water conveyance entities, public works professionals, federal agencies, along with Tribes and States is fostered and developed. The Gold King Spill Recovery funding enhanced these types of initial discussions and the investment in the watershed allowed tribal, state and local representatives utilize the investment to the benefit of our environment. We were concerned and disappointed when it was brought to our attention the appropriations committee zeroed out the $4,000,000 allocation for 2022. From our perspective, not only should the investment continue but it should be expanded upon going forward. Observations of warming trends, the drought history reflected in the dendrochronology records, and lowering water tables in the regional reservoirs highlight the necessity to integrate and coordinate both water quality and water quantity efforts in our western watersheds. In conclusion, we encourage you to consider the importance of continuing the investment in Tribal and State efforts in the San Juan Watershed under P.L. 114-322 and in exploring establishing the Colorado River Basin as a geographic focus for EPA regional programs. Furthermore, while the EPA can work with Tribes and States on water quality and environmental matters, the compartmental nature of federal departments makes it difficult for the agency to consider water quantity concerns. We know you recognize the importance of continuing our ongoing conversation on the mountain portals serving as reservoirs for our water resources and the ideal of managing water and treating water for discharge during low flow periods. As always, we appreciate your dedication and support for our watershed. Sincerely, Scott Fetchenhier Chairman, San Juan County Commissioner Cc: Senator Bennet 261 Russell Senate Building Washington, DC 20510 Sen. Brian Schatz Committee on Indian Affairs 722 Hart Senate Office Building Washington, DC 20510 Representative Boebert 1609 Longworth House Office Building Washington, DC 20515 House Appropriations Committee H-307 The Capitol Washington, DC 20515 The Capitol Senate Appropriations Committee Attn: Committee on Appropriations Room S-128, Washington, D.C. 20510 Townof Silverton a SAN] JUAN COUNTY PO! Box 250 PO Box 466 Silverton, CO 81433 Silverton, CO 81433 Date: May 7, 2022. For; May 11 Board of County Commissioners Meeting. From: Town/County Planning Director. Regarding: Summary of Recent Town/County Planning Department Work. Town of Silverton Staff Report Department: Town/County Planning Department Head of Department: Lisa Adair PE Date of Trustee meeting: May 9, 2022. For immediate Trustee consideration: N/A. Regular Meetings & Top on the TO DO list: Communication: Tops on the To Do List is the continued processing of many Town and County Town Board meetings, Applications such as the following: second and fourth Monday -Prepare Staff Report and Packets on May 7 for Public Hearing, May 11 Board of nights ofe each month. County Commissioners, Proposed Anesi Cabin, Carolina Mill Site, near Deer Park. Board of County Prepare StaffReport and Packets on May 71 for Public Hearing, May 11 Board of Commissioners meetings, County Commissioners, Proposed Adams Cabin on the Ruby Placer, and adjacent second Wednesday moming Boundary Line Adjustment of Annie and Ninety Six Lodes, Ophir Pass. and fourth Wednesday night -Prepare Staff Report on May 7 for the May 11 County Commissioners Meeting. ofeach month. -Prepare Agenda, Staff Reports, and Packets by May 12 for the May 171 Planning San Juan Regional Planning Commission Meeting, tentatively to include the following Town and County Commission meetings, third Applications: 1. Pre-Meeting Work Session Master Plan Cmte/Community Bldrs. Tuesday night ofe each 2.F Proposed Façade Improvements, Coal Bank Café, Greene Street. month, including May 17. 3. Proposed Transfer ofOwnership, and County Marijuana Facility Licensee, Town Staff meetings, each Existing Marijuana Facility currently known as Cannafarmer, Highway 550. Thursday morning. 4. Revisit tabled application for Barger Town) Rezoning Application, Existing Car Town Staff meetings about Wash, Proposed Mechanic Shop and Employee Housing, 9th Street. affordable housing, each 5. Revisit tabled application for Proposed Façade Addition at TNT Rainbow Thursday mid-moring. Garage Building, and adjacent proposed structure, at 10th and Greene. 6. Revisit tabled application for Proposed Community Structure at Columbine Coffee and Codes meeting Park, on) Blair Street. each Wednesday morning of -Administrativel Review of County Improvement Permit Application, Proposed Planning Director and' Town Harrell Residence at Twilight Meadow Subdivision on Highway 550. Administrator to discuss -Administrative Review of County Improvement Permit Application, Proposed Municipal Codes and Town Robertson Garage/Residence, Know Your Neighbor Subdivision, Lime Creek Rd. Planning Department -Administrative Review of County Improvement! Permit Application, Proposed applications. Riley Residence, Lots 2-4 Cole Ranch Subdivision, County Road 2. Many meetings with -Administrative Review of apparent Proposed Routine Maintenance, Proposed applicants, consultants, and Window Replacement Façade Improvements, Alma House, 10th Street. realtors at this time. -Review and forward two Town applications to Public Works Director and Town Recent meeting with the Engineers SGM, for the Proposed Planeta Residencelnfastnucure at 12th/Bluff, Town Administrator and and the Proposed Gibson Residencelafasmueture at 8th/Snowden, which are Community Builders. within the Slope Hazard Overlay District, headed to the Planning Commission. The Town Board selected -Prepare Staff Report and Packets by May 20 for thel May 25 Board of County Committee members in a Commissioner Public Hearing, regarding Proposed Transfer of Ownership and Work Session on May 2. Marijuana Facility License, at the site currently known as Cannafarmer, Hwy 550. Grants, COVID related, -Work with Public Works Director and Applicant Kirstin Brown regarding the LeamingProfessional Proposed Public Improvements at the Brown Subdivision, at Sth and Reese. Development: -Work with Applicant to help him write al Limited Overlay Districtl Draft The Town/County Planning Ordinance, for Town Board consideration, for rezoning ofhis Lots on Mineral near Department; provides assistance 17th, for Proposed Joyce Tiny Homes on Wheels RVI Park. as needed to coworkers who are -Hoping to arrange a Planning Commission" training session retreat with DOLA. -Other work tasks are overdue such as revisions to Town and County regulations. preparing grant applications. Recently assisted by preparing Exhibits on. May 4, for the Notable completed tasks: Town's acquisition ofthe Recent Public Hearings, meetings, and coordination with the public, Zanoni Parcel on Sth Street. realtors, and applicants, inj person, by phone, and by email. LMA 5/5/22 Commissionersleitizens can contact me with any Town/County Planning Department questions at work email address LAdair@siverton.co.us or work cell phone number (970) 946-9408. Page 1 of 1, Staff Report for BOCC, Lisa Adair PE, May 7, 2022. San Juan Development Association Economic Diversification & Resiliency Coordinator Report April 2022 This report covers activities and project updates done by the SJDA Economic Coordinator during the time above. Participated Meetings Community Builders Project Management Team Weekly update meetings Compass Master Plan Visit debrief, 4/15 Regional & Local connections Region 9 - Heather Otter, monthly check-ins Silverton Strong Organization - Dayna Kranker (monthly) State Housing Board, 4/12 Region 9- Tiffany Brodersen, 4/22 Activities MSOB Grant Administration Ongoing support to Silverton's 8 awardees 0 Submitted scope of work change for Coal Bank award Submitted 3rd quarter report & financials Submitted second payment funding request Business & local support Hosted, SBDC Marketing Strategy Workshop in Silverton, 4/20 4 businesses in attendance 2x 1:1 marketing consultation afterwards Met with 2 community members on business information Prospectus update is pending livable wage data Projects Grants Brainstorm application strategy with Tiffany (R9) and DeAnne for OEDIT's opportunity Zone Vide Spotlight Grant Fiber Attended Regional Broadband summit in Cortez, 4/27 Participated as panelist representing San Juan County Clearnetworx Meeting, 4/7 In person meeting to discuss spring fiber build out and location of centralized equipment Vero Meeting, 4/26 In person meeting to discuss spring fiber build out and locations of centralized equipment CDOT meeting, 4/15 Met with Julie Constan (Region 5 Marketing Director) and Bob Fifer (CDOT GM) on fiber installation on Red Mountain to Silverton. Julie will be booking a meeting with us + SMPA for further discussion (late May - early June) FastTrack Meeting, 4/21 Discussion on San Juan County status and FastTrack's plans Workforce Housing DOH Home Development Grant application Awarded $200,000 for 4 single-family units in Anvil Working on final grant agreement & CHFA financing Other Silverton/ San Juan County IGA Housing Authority discussions with Gloria