ARTICLES Open Space Board of Trustees September 17, 2015 Meeting

Plaza One Meeting Room 530 E. Main St., Aspen

North Star Herron Newspaper Articles / Letters to Editor / Public Comment / Press Releases

Wheatley Open Space Management Plan Press Release: Wheatley Open Space plan open to public input Stein Bridge Press Release: Stein Bridge to close for construction Stein Bridge to close for fall construction; 9/04/15 – Aspen Daily News East of Aspen Trail Press Release: East of Aspen boardwalk to close for repairs Burlingame Connector Trail New recreational trails may unlock options for additional connectivity; 9/4/15 – Aspen Daily News Verena Mallory Trail Judge denies restraining order in Aspen trail dispute; 9/2/15 – Aspen Times Injunction sought in Aspen trail dispute; 9/5/15 – Aspen Times Windstar CE Letter: County to Windstar hikers and equestrians: We don’t care; 9/3/15 – Aspen Times Windstar parking lot purchase scrapped; 9/10/15 – Aspen Daily News Windstar easement a go, but parking isn’t; 9/10/15 – Aspen Times Letter: Don’t blame new buyer for losing Windstar; 9/11/15 – Aspen Times Town of Snowmass Village Snowmass moves ahead on $47,000 trail signage effort; 9/05/15 – Aspen Daily News Water - Healthy Rivers Streams Board Project aims to restore Roaring Fork flow levels; 8/31/15 – Aspen Daily News County land acquisition opens door for planned kayak park in Basalt; 8/31/15 – Aspen Daily News Whitewater park proposal in Basalt moves conditional step ahead; 9/2/15 – Aspen Times Ruedi water flow downstream for endangered fish; 9/3/15 – Aspen Journalism - Aspen Times Reservoir work led to elevated levels of metals in river; 9/9/15 – Aspen Daily News Reservoir discharge exceeded state limits; 9/9/15 – Aspen Times Forest Service Activists greet Forest Service, industry at proposed Divide well site; 9/1/15 – Post Independent Firefighting chews up funds from Aspen-area forest; 9/4/15 – Aspen Times Miscellaneous CDOT, Pitkin County talk roads and highways; 9/2/15 – Aspen Times For artists in residence, wilderness is setting and subject; 9/6/15 – Aspen Times Letter: Let’s build more trails; 9/01/15 – Aspen Times

Wheatley Open Space plan open to public input

ASPEN – Public comment is now being accepted on a draft management plan for Wheatley Open Space, a 105-acre property in lower Snowmass Canyon.

The draft plan was presented Sept. 1 to the Pitkin County Open Space and Trails Board. It will be open to public comment through Oct. 16. Interested citizens can find the plan, and an online comment form, at www.pitkinostprojects.com (click on the Wheatley link).

The property was purchased as open space with the goal of preserving wildlife habitat, local agriculture and scenic quality, and providing recreational access. The property is easily visible from Highway 82 at the entrance to Snowmass Canyon in Old Snowmass. The Rio Grande Trail, Lower River Road and the Roaring Fork River cross through the parcel. The property encompasses roughly 2,900 feet of river frontage. The land also offers hiking access to Wheatley Gulch, which leads to Bureau of Land Management property to the north.

The draft management plan proposes little change to existing conditions and uses of the open space. Seasonal closures are proposed for wildlife. As proposed, public access is limited to Wheatley Gulch, paths to the river on either side of Highway 82, and a rocky beach area. Recreation is also accommodated on the Rio Grande Trail, though the trail corridor is not part of the open space.

About 24 acres of Wheatley Open Space are irrigated; they will be incorporated into the county’s agricultural lease program.

Aspen Valley Land Trust holds a conservation easement over the open space.

Contact: Lindsey Utter, Senior Environmental Planner Pitkin County Open Space and Trails 970-920-5224 or [email protected]

9/17/2015 Collected Articles Page 1 of 46 Stein Bridge to close for construction

ASPEN –Stein Bridge and its trail connections in the Roaring Fork Gorge will be closed to traffic starting next week to allow replacement of the span’s aging abutments. The bridge will also be raised by 3 feet to better accommodate boating on the Roaring Fork River at high water.

Pitkin County Open Space and Trails has contracted with Mueller Construction Services, of Glenwood Springs, for the roughly $250,000 project. The work will also include new approaches to the bridge and improvements to Stein Trail linking the bridge and the Rio Grande Trail. The contractor will mobilize at the site on Sept. 8 and the bridge will be closed to traffic, blocking access to the Rio Grande Trail from population centers on the west side of the river. The span connects the Rio Grande to the side of the river where the Aspen Business Center and Burlingame Ranch are located.

The Cemetery Lane bridge, also known as Slaughterhouse Bridge, located closer to Aspen, is the closest alternative to reach the Rio Grande Trail from the west side of the river.

The project is expected to continue through November, but the inconvenience can’t be helped, according to Lindsey Utter, senior environmental planner with Pitkin County Open Space and Trails.

“This project has been in the works for a while. The abutments need to be replaced and the fall-offseason seems to be the best option to get it done,” she said. “We didn’t want to interrupt the summer boating season.”

The late Henry L. Stein moved the span from Basalt to its current spot over the river and conveyed it to Pitkin County for a dollar. It was dedicated on Dec. 31, 1973. A plaque on the bridge reads: “This bridge was originally built in 1890, across the Roaring Fork River in Basalt, Colorado. It was moved here in October, 1973, by Henry Stein, John Rodriguez, Mike Weiley, Kelly Jamison, Billy Jamison.”

The bridge was installed after Stein lost his office space in Aspen and relocated to the business center. He wanted to ride his horse between his Stein Ranch on the hillside opposite the river to his new office. Various pieces of the Stein Ranch are now open space parcels that help make up what is collectively referred to as the Roaring Fork Gorge.

The new abutments will raise up the bridge, requiring a reworking of the approaches on either side of the span. Private and commercial boaters have voiced support for more head room between the bridge and the river when the water is running high in the spring and early summer. High water can halt boating beneath

9/17/2015 Collected Articles Page 2 of 46 the span altogether, and it’s not unusual to see whitewater rafters ducking to get beneath it. The bridge is located downstream from the popular Slaughterhouse Falls rapid on the Roaring Fork.

Contact: Lindsey Utter Senior environmental planner, Pitkin County Open Space and Trails 970-920-5224 or [email protected]

9/17/2015 Collected Articles Page 3 of 46 Published on Aspen Daily News Online (http://www.aspendailynews.com) Stein Bridge to close for fall construction

Work expected to continue into November

The Stein Bridge across the Roaring Fork River will close beginning Sept. 8 as crews replace the span’s aging abutments and raise it to better accommodate boaters during high water. The bridge is located downstream from the Slaughterhouse Falls rapid.

The replacement project is expected to continue into November, according to Lindsey Utter, senior environmental planner with Pitkin County Open Space and Trails. The bridge span connects the Rio Grande Trail to the side of the river where the Aspen Business Center and Burlingame Ranch are located.

Utter characterized the timing as “totally unfortunate,” considering the opening of a Burlingame connector trail. But staff also didn’t want to interrupt the summer boating season to make improvements that will ultimately improve their experience.

The bridge will be raised three feet higher than where it’s currently situated over the river.

“It’s not unusual for boaters to have to lay down when they get to the bridge” during high water, Utter said on Wednesday.

“This project has been in the works for a while,” she further stated in a release. “The abutments need to be replaced and the fall offseason seems to be the best option to get it done.”

The project comes with a price tag of approximately $250,000. Pitkin County Open Space and Trails has contracted with Mueller Construction Services of Glenwood Springs on the work, which also includes new approaches to the bridge and improvements between the Stein Trail and the Rio Grande Trail.

First constructed as a span across the Roaring Fork River in Basalt back in 1890, the bridge was moved to Pitkin County and dedicated here in 1973 by Henry Stein, John Rodriguez, Mike Weiley, Kelly Jamison and Billy Jamison, according to a plaque attached to the bridge.

The bridge was installed after Stein lost his office space in Aspen and relocated to the ABC.

“He wanted to ride his horse between his Stein Ranch on the hillside opposite the river to his new office,” according to Pitkin County Open Space and Trails. “Various pieces of the Stein Ranch are now open space parcels that help make up what is collectively referred to as the Roaring Fork Gorge.”

The bridge was conveyed to Pitkin County for just one dollar, according to county records. archive_date: 1 day

9/17/2015 Collected Articles Page 4 of 46 East of Aspen boardwalk to close for repairs

ASPEN – The boardwalk portion of the East of Aspen Trail will be closed Sept. 14 and 15 while repair work begins on buckled sections of the structure.

The boardwalk carries the bike/pedestrian trail over wetland areas, southeast of Aspen. The East of Aspen Trail connects Aspen and Difficult Campground – a distance of about 5 miles – providing an alternative to travel on adjacent Highway 82. Users will be detoured onto the roadway, at both ends of the boardwalk, during the repair work. The remainder of the trail will be open.

Installed in 2004, the boardwalk is held up by metal piers. It crosses through about 900 feet of wetlands.

In other sections of the East of Aspen Trail, small, arched bridges that were a barrier to disabled trail users have been removed this summer. Culverts have replaced the bridges, allowing the trail to remain at a level grade as it crosses small streams. Except for the boardwalk segment, the East of Aspen Trail is primarily a gravel path.

Contact: Gary Tennenbaum Pitkin County Open Space and Trails Assistant Director [email protected] or 970-920-5355

9/17/2015 Collected Articles Page 5 of 46 Published on Aspen Daily News Online (http://www.aspendailynews.com) New recreational trails may unlock options for additional connectivity

Guest Non ADN Writer: Madeleine Osberger Byline: Aspen Daily News Staff Writer

Burlingame connector one of a trio of trails to be built during fall offseason

The completion of the Burlingame connector trail, coupled with the opening of a longshuttered gate along the Roaring Fork River near Stein Bridge, are allowing for a new era of improved trail connections for recreational users and commuters alike.

This week, the metal gate along the Aspen Business Center side of the river swung open after it was unlocked at the behest of the city’s open space department, according to manager Austin Weiss.

In coordination with the Aspen Consolidated Sanitation District, which held the combination to the gate’s lock, “We opened it on Monday of this week,” said Weiss.

That coincided with the soft opening of a new trail connecting the Burlingame neighborhood with the existing river trail that continues to the Aspen Business Center.

“The trail itself, from the edge of Burlingame down to the river is complete,” said Weiss, who added, “It’s absolutely fine to go in there.” Weiss was referencing its top entrance behind a condominium complex, which currently requires some wayfinding skills until a more permanent access is completed.

“This is a great bypass alternative and a better way to get up and down from the Rio Grande,” said trails enthusiast John Wilkinson. He said the connector trail opens up options and routes that heretofore have not existed.

Recently, Wilkinson rode from downtown Aspen on the Rio Grande Trail, crossed the Stein Bridge and continued on the Burlingame connector trail through that neighborhood. From there, he was able to connect to the Owl Creek Trail, where Wilkinson continued his journey home to Snowmass Village via Sky Mountain Park.

“It’s a better way of doing it so you don’t have to go through the industrial (business center),” Wilkinson added.

The Burlingame connector is one of three trails expected to be completed by year’s end, at a cost of $65,000, that improve overall movement throughout the city and county’s extensive network. Arrowhead Trails of Salida has been contracted for this job.

Their scope of work includes the Deer Hill trail that provides a better way to meander between Burlingame and the ABC. It opened to the public in July.

9/17/2015 Collected Articles Page 6 of 46 “The old trail came out on private property on the ABC’s side,” said Weiss. “It wasn’t a bikeable trail and it was steep in sections. We wanted to provide an easy connection.”

Forthcoming later in September is a singletrack trail that will tiein the Buttermilk parking lot to the Airline Trail in Sky Mountain Park.

“This is going to provide a really aesthetic alternative to the paved section of the Owl Creek Trail,” Weiss said about a project that’s being completed in cooperation with partners Pitkin County and the town of Snowmass Village.

“This is going to fill in one of the missing links,” he added.

Less sexy, but still important to the overall connectivity picture are short routes that are being improved within the system. Those include the Aspen Mass trail from the Highway 82 intercept lot to Wink Jaffe Park near Woody Creek. Its steep grade has been lessened as part of a trail rerouting to accommodate a Source Gas line.

And, a short but steep section between the Rio Grande Trail and Stein Bridge will also get reworked this fall to help lessen that grade and remove some rocks, according to Lindsey Utter, the senior environmental planner with Pitkin County Open Space and Trails.

Until the Stein Bridge closes next week for construction (see related story), it will still be possible to make a seamless connection from the Sunnyside Trail across the Roaring Fork River, up the Burlingame connector to the Sky Mountain Park and Snowmass Village trails system.

The opening of the locked gate just upstream from the Stein Bridge offers users an alternative to traversing through the ABC.

According to Tom Bracewell, the sanitation district’s collections system superintendent, the locked gate had been in place since at least the 1980s; he believes it was originally put there when the Zoline family was trying to keep cattle from escaping from the presentday Bar X and Burlingame ranches.

Bracewell suggested that other property owners in the vicinity long supported keeping the barrier in place.

Weiss, who said the gate is on public property, felt the continued closure no longer made sense due to the ownership changes and development of the former Zoline parcel. The gate was thrown open this week when the trails department needed to move some heavy equipment along the route. It has remained open since then.

“It doesn’t matter to us if it’s open,” said the water district’s Bracewell.

Wilkinson is among those who are taking advantage of the new routes that are still evolving.

“It’s incredible what has been done in the last five years to expand and connect trails in the upper valley,” he said, while dreaming of how these trails can be linked for wintertime Nordic skiing.

“We are at the cutting edge of trail connectivity in North America,” Wilkinson added.

Twitter, @Madski99

9/17/2015 Collected Articles Page 7 of 46 Add Image:

Photo Credit with Byline: Rick Low/Special to the Aspen Daily News Photo Caption: Burlingame Trail meets the river trail, near the west bank of the Roaring Fork River. archive_date: 1 day

Source URL: http://www.aspendailynews.com/section/home/168073

9/17/2015 Collected Articles Page 8 of 46 Scott Condon [email protected]

September 2, 2015 Judge denies restraining order in Aspen trail dispute

A citizens’ group’s motion for a temporary restraining order to prevent a land trust from closing the Verena Mallory Trail on Smuggler Mountain was denied Tuesday by a Pitkin County District Judge.

Judge Daniel Petre wrote in his decision that there was no evidence that “closure of the Trail is irreparable.” He noted that the closure “may be reversed” if the Friends of the Verena Mallory Trail Association Inc. prevails in a lawsuit to keep the route open.

“In the meantime, other, perhaps less scenic and more strenuous aspects of the Hunter Creek Trail continue to be available for use if this alternate loop in that trail system is not in service while the court sorts this out,” Petre wrote.

The closure of the trail isn’t imminent, according to Aspen Valley Land Trust Executive Director Martha Cochran. She said signs to close the trail haven’t been ordered yet. She noted that fall is the best time to revegetate the ground to reclaim the trail, but paying for that work would be a risk before the lawsuit is settled. In theory, the trail could be closed but not reclaimed until a final judge’s decision.

Cochran said Aspen Valley Land Trust’s board of directors hasn’t met since the lawsuit and temporary restrainingorder request was filed on Monday. The board has already delayed the closure twice while negotiating with Pitkin County and the city of Aspen, she said. Those efforts were unfruitful.

“They’ve been clear that we tried to have a very patient approach — to let everything play out,” said Cochran of the land trust board. The last deadline set by the board was Sept. 1.

The land trust hired Aspen attorney Matt Ferguson as its representative in the case on Tuesday.

9/17/2015 Collected Articles Page 9 of 46 The decision on the temporary restraining order has no bearing on the lawsuit, according to Chris Bryan, pro bono attorney for the Friends of Verena Mallory Trail Association. He said he will file a motion for a preliminary injunction, possibly as early as today, to prevent closure of the trail. If that motion is successful, the trail couldn’t be closed and reclaimed until after the lawsuit is settled.

Aspen Valley Land Trust received the property on Smuggler Mountain from Fritz and Fabi Benedict in 1992. Fritz Benedict created the trail the year before, but the deed said no new trails or roads could be constructed and existing ones had to be removed. The land trust didn’t enforce the regulation and the trail has been used for nearly 24 years. However, once it discovered the requirement during review, it was obligated to enforce it, Cochran has repeatedly said.

The lawsuit by Friends of Verena Mallory Trail Association contends Fritz Benedict’s intentions were clear since he created the trail shortly before conveying the property. In addition, the public has established a prescriptive right to the trail during 24 years of use, the lawsuit said.

Once the “Friends” file their motion for a preliminary junction to keep the day open, Aspen Valley Land Trust will have 21 days to respond. [email protected]

9/17/2015 Collected Articles Page 10 of 46 Staff report

September 5, 2015 Injunction sought in Aspen trail dispute

The second salvo has been fired in the fight over the Verena Mallory Trail on Smuggler Mountain.

A group of trail users called the Friends of the Verena Mallory Trail Association Inc. filed a motion for preliminary injunction Friday to prevent the trail from being closed until litigation is settled. The group filed a lawsuit earlier in the week against Aspen Valley Land Trust over its plan to close the trail this month.

Fritz and Fabi Benedict donated land on Smuggler Mountain after Fritz’ death to the land trust in 1992. The property included a trail that Fritz created the prior year. The land trust said its review of the property deed last year required that no new trails or roads be constructed and any existing routes be eliminated. Martha Cochran, executive director of the respected land trust, said the organization must enforce conditions of its gifts to maintain credibility.

The trail became a popular branch off the South Hunter Creek Trail over the past 24 years. It is a jug handleshaped route that allows users to avoid a steep, rocky section of the Hunter Creek Trail. The trail was dedicated in memory of Verena Mallory, a young Aspen girl who died of leukemia.

The Friends of the Verena Mallory Trail Association contend in their lawsuit that Benedict’s intent was to let the public use the trail since he completed it just a short time before donating the property. Since the longterm status of the trail has to be settled in court, the user group wants a preliminary injunction granted.

“AVLT plans not just to close the trail but also to reclaim it,” the motion for the preliminary injunction said. “If AVLT is permitted to begin reclamation efforts during the pendency of the litigation, there will be no trail to protect and Friends’ eventual success at trial will be irrelevant.”

On the other hand, the motion said, the land trust won’t suffer any harm if the injunction is granted.

“At no time has any heir or successor of the donor come forward to challenge AVLT’s stewardship of the park parcel or to contest the use and existence of the trail; AVLT’s independent review of the deeds spurred this controversy,” the motion says.

Chris Bryan of Garfield & Hecht is representing the Friends pro bono.

The Aspen Valley Land Trust’s attorney, the Matthew C. Ferguson Law Firm, has indicated it will challenge the preliminary injunction request, the motion said.

A temporary restraining order sought by the Friends of the Verena Mallory Trail was denied by a judge earlier this week. That won’t necessarily have any bearing on a different judge’s consideration of a request for a preliminary injunction.

The land trust hasn’t closed the trail yet but is making preparations.

9/17/2015 Collected Articles Page 11 of 46 September 3, 2015 Letter: County to Windstar hikers and equestrians: We don't care

After reaping praise for their promise to the community to maintain access to Windstar’s storied nature preserve, the county has backed out of purchasing the property that would have provided the critical public parking for Windstar visitors. While there is an easement once you are inside that allows you to walk into Windstar, there is no public parking for miles, effectively taking it out of reach to the public.

The owner, a Windstar devotee, deliberately did not sell to a private buyer because he wanted to preserve access to “John Denver’s gift to us.” The county’s “moneysaving” decision, he said, “is like appraising a painting based on the costs of the canvas and oil paints.” Furthermore, he pointed out, the county’s $500,000plus investment in the Windstar 927acre nature conservation easement (which is worth $8 millionplus now) is now thrown away “because what good is a public nature preserve for hiking and riding if your only access is to parachute in?”

If they argue about appraisals, remind them that the Smuggler trail was appraised for $7 million and the County bought it for $14 million. The county is not bound by appraisals. Dale Will of Open Space and Trails (a Windstar alumnus) did his best to portray what was at stake, and what would be lost, to no avail.

This is a case of being pennywise and pound foolish and missing the bigger picture. The “Windstar nation” of John Denver’s hikers, riders and nature devotees have just been given a giant “no trespassing” notice from the Pitkin County commissioners.

Well played, public servants, well played!

Perhaps with the taxpayer dollars the county saved by not buying the nearby property for easy access to Windstar, it can purchase a small fleet of Segways to whisk hikers and equestrians (and their horses) the 2 miles from the Conoco parking lot via Snowmass Creek Road (in traffic) to the Windstar Nature preserve. Oh, I forgot. No parking at Windstar. Never mind. Kevin Ward, Old Snowmass

9/17/2015 Collected Articles Page 12 of 46 Published on Aspen Daily News Online (http://www.aspendailynews.com) Windstar parking lot purchase scrapped

Writer: Collin Szewczyk Byline: Aspen Daily News Staff Writer

Public easement secured, but future vehicle access in doubt

A pending deal between Pitkin County and an Old Snowmass property owner for a parcel of land that would feature a public parking lot near the Windstar property has fallen through, and future vehicle access to the property is now in doubt.

The county had approved the purchase of the fiveacre parcel along Snowmass Creek Road in July, but the numbers didn’t flesh out, and the deal was scrapped.

Dale Will, executive director of the county’s Open Space and Trails department said Wednesday that the appraisal didn’t match the asking price of $1.4 million.

“[It didn’t go through] primarily because the appraisal was significantly lower than the purchase price,” he said.

Kevin Ward, the property owner, recently submitted a letter to the editor of the Aspen Daily News taking the county to task on the deal falling through, saying that it was a missed opportunity to maintain public parking adjacent to the easement into Windstar.

“I turned down $100,000 more from a private offer [for the property],” he said Wednesday. “I wanted to ensure everyone would still have access to Windstar. … It’s disappointing when the very people entrusted with protecting the public interest fold.”

Ward said he’s been a proponent of public access to Windstar for years, and would be open to making a deal with the county for a smaller portion of the parcel, on which a parking lot could be built.

“What good is it to call the sanctuary a nature preserve when the only way in is by helicopter?” he added.

The purchase had been worded to allow the county to resell a portion of the property where a home and a few outbuildings are located, recouping some of the cost.

Will told the county commissioners on Wednesday that other options for parking near the easement are being explored, but declined specifics. The existing parking area will remain open through fall while the Rocky Mountain Institute is still leasing its offices at Windstar, he said.

RMI, which is moving to new offices in Basalt, and the Windstar Land Conservancy sold the 957acre property for $8.5 million to Five Valley Farm LLC in 2013. The sale maintained public access and a conservation easement coheld by the county and Aspen Valley Land Trust, but it didn’t guarantee

9/17/2015 Collected Articles Page 13 of 46 continued onsite parking.

Public easement agreed to by county

Pitkin County has secured a public easement agreement through the Zabriskie property along a driveway, which lies between Windstar and Snowmass Creek Road. This access has been in use since the mid1990s.

“Adelaide Zabriskie has enjoyed equestrian use of the Windstar property and has agreed to grant an access easement directly to Pitkin County to guarantee that the public access to this land is secure,” an OST memo from Will noted.

But a condition of the easement has given some pause over whether or not vehicle access would be available in the foreseeable future.

“If and at such time as public parking shall no longer be provided for/on the Windstar property in the area immediately south of the south terminus of the access easement, the right of access by vehicles shall terminate and no longer be permitted,” the easement noted.

Will added that the new owners of Windstar, the Hildebrands, have not officially ruled out onsite, public parking, but also haven’t agreed to set anything in ink allowing it either. Once RMI moves, the public is only guaranteed “musclepower” access to the property.

“I would encourage everyone to get out there now and enjoy the property,” Will said.

The easement does allow Nordic skiers, hikers and equestrians access to Windstar without the restriction it places on vehicles.

Leslie Thomas of the Roaring Fork Valley Horse Council told the BOCC that Windstar, which was once owned by the late singersongwriter John Denver, is an amazing place to ride, calling it “a real gem.”

“It would really be a shame to lose this,” she said. “It’s a magical place.”

Commissioner Steve Child reiterated that the county is looking at solutions to ensure the public will have vehicle access to the property.

“We are still pursuing parking,” he said. “There are several proposed solutions.”

The ordinance to accept the easement passed unanimously, 50. [email protected] archive_date: 1 day active: active

Source URL: http://www.aspendailynews.com/section/home/168144

9/17/2015 Collected Articles Page 14 of 46 Rick Carroll [email protected]

September 10, 2015 Windstar easement a go, but parking isn't

Public access to the Windstar nature preserve in Old Snowmass was granted by Pitkin County commissioners Tuesday, but finding parking will be another issue for its users.

Commissioners, by a 50 vote, approved an ordinance for a publicaccess easement across private property located between Snowmass Creek and the 957acre Windstar property, once owned by John Denver. The private property is owned by Adelaide Zabriskie, who “has agreed to grant an access easement directly to Pitkin County to guarantee that the public access to this land is secure,” according to a memo to commissioners from Dale Will, director of Pitkin County Open Space and Trails.

Windstar is popular among equestrians and hikers, with some occasional bike riders. The county acquired a 927acre conservation and public easement there in December 1996, and the public has used a driveway for parking to access the property since 1979.

But that driveway and the Windstar preserve, once owned by the Rocky Mountain Institute, were sold for $8.5 million in 2013 to Five Valley Farm LLC, which is controlled by Houston billionaire Jeff Hildebrand. Hildebrand, however, doesn’t want motorists to park there after the institute relocates to Basalt. He has rights to build a singlefamily home on 30 acres of the land, but the remaining 927 acres can’t be developed because of the conservation easement.

“The old parking lot is still open to the public, and my understanding is it will remain open this fall when RMI is still occupying the old building, so I would encourage people to use it,” said Dale Will, director of Pitkin County Open Space and Trails.

County Attorney John Ely advised commissioners to approve the ordinance but continue to seek ways to find parking. They agreed and said they would.

Attending the meeting was Glenwood Spring resident Jennifer Moore, who is disabled and asked commissioners to find parking. Otherwise, she said, she and other users won’t be able to access the easement.

“If there’s anything to be done to salvage it, I would truly appreciate it,” she said.

Old Snowmass resident Kevin Ward, who did not attend the meeting because of an emergency, has been critical of the county’s process. In a letter he had prepared to read to the county, he said he was set to sell the county his ranch near Windstar to preserve parking. But the county declined.

His letter said Hildebrand now has exclusive use of access to Windstar because he is keeping his driveway off limits to the public.

“I have watched as this county slips from John Denver’s ideals to the ‘money talks, nature walks,’” he wrote. “I have done everything I can to prevent that from infecting us here in our valley. But the way I see it, thanks to (Open Space and Trails) and the BOCC who were entrusted with preserving Windstar, a private buyer has just been given a 927acre gift. And John Denver’s tribe has been betrayed.” [email protected]

9/17/2015 Collected Articles Page 15 of 46 September 10, 2015 Letter: Don't blame new buyer for losing Windstar

The article in the Times about the Rocky Mountain Institute and county’s failure to reserve parking at Windstar seems to imply that I am blaming the new buyer for cutting off public access. I’m certainly not. He purchased property that (for more than five years) the county failed to, and the Rocky Mountain Institute refused to, “encumber” with public parking to Windstar. It is free and clear. He can do whatever he wants. If you’re looking where to cast blame, guys, look in the mirror. The public was relying on the Rocky Mountain Institute and the county to preserve access to John Denver’s legacy to us. You failed to do that. It’s not his fault. To try to blame the new buyer may be convenient, but it is wrong.

Kevin Patrick Ward

Old Snowmass

9/17/2015 Collected Articles Page 16 of 46 Published on Aspen Daily News Online (http://www.aspendailynews.com) Snowmass moves ahead on $47,000 trail signage effort

Writer: Chad Abraham Byline: Aspen Daily News Staff Writer

‘Mud meters’ and new signs will be aimed at improving user experience

The town of Snowmass Village has installed 90 new signs at trail junctures and trailheads, with plans to place a total of 149 before the year’s end, along with new kiosks where hikers, bicyclists and equestrians can pick up maps and glean etiquette.

The threeyear, roughly $47,000 effort also will include five to 10 “mud meters” to be installed at the start of the town’s major trails, said Ted O’Brien, the town’s parks and trails manager.

These signs, which the town of Breckenridge employs, tell a trail user if the path is too muddy and, if so, suggests they use another mountain path.

O’Brien said the overall goal is to bring Snowmass’ trail system “up to worldclass status” and improve users’ experience. The impetus wasn’t people getting lost but that they often had to stop to consult maps at trail intersections, he said.

“We wanted to improve functionality, and a big part of that was navigation,” O’Brien said. “You need paper maps and signs for that.”

Placement of the signs was done using aerial photos and geographic information systems, which will also help in future efforts if trails or markers need to be relocated, he said.

Most of the signs for Snowmass’ singletrack trails have been installed. Kiosks with free maps are to be installed at: the south entrance to the Rim Trail, the View Line Trail, the Ditch Trail, Lot 7 (the beginning of a nature trail), the top of the paved Brush Creek Trail, and the Tom Blake trailhead.

O’Brien credited Julie Kolar of Basaltbased Esse Design as having a pivotal role in the verbiage placed on the signs.

The mud meters are a new concept in the Roaring Fork Valley, and one that O’Brien said is necessary. A temporary set of signs placed at area trailheads this spring that warned of mud did little to discourage use.

“We wanted to see if that would work, and it didn’t,” he said.

Hikers and bikers on such trails encounter mud and then step or bike to the side, “which makes it even wider, and a single track not so single,” O’Brien said.

Using a muddy trail can also cause a linear rut in which water runs down the middle of the path, instead of across it, causing erosion. 9/17/2015 Collected Articles Page 17 of 46 “It’s not good,” O’Brien said. “It just messes up the trail.”

He said he hopes the mud meters, which are signs with sliding scales denoting a trail’s conditions, will help to prevent that.

“Absolutely,” he said when asked if a hiker should not use a muddy trail. “It’s tough to watch. … It’s an ethics thing. We won’t be fining people for using it, but it’s up to you to be an ethical user. And it’s a common courtesy.” [email protected]

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Photo Credit with Byline: Courtesy photo Photo Caption: Snowmass is following Breckenridge’s lead by installing “mud meter” signs, shown here, which tell users whether a trail is rideable or not. archive_date: 1 day

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9/17/2015 Collected Articles Page 18 of 46 Newman also asked CDOT to consider lowering the speed limit near Redstone, which is redeveloping its Elk Park along Highway 133 to attract more visitors.

Newman said the project will result in more pedestrians crossing Highway 133 to “go over and visit the coke ovens (which are across the highway from the Redstone village) and vice versa.”

The current speed limit is 55 miles per hour; Newman asked CDOT if it could lower it to 50.

CDOT officials said the county would need to make a formal request to the agency to conduct a speed study. [email protected]

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9/17/2015 Collected Articles Page 19 of 46 Published on Aspen Daily News Online (http://www.aspendailynews.com) Project aims to restore Roaring Fork flow levels Writer: Collin Szewczyk Byline: Aspen Daily News Staff Writer

Healthy Rivers and Streams bestows $35,000 grant to help fund effort

A threepronged approach to restore local water flows got a shot in the arm on Tuesday when Pitkin County supported a $35,000 Healthy Rivers and Streams grant to help a Front Range nonprofit’s plan to keep more water in the Roaring Fork River.

The project looks to provide a pathway for water right holders to leave more of their allocation in the Roaring Fork without being penalized, and assess availability of other water sources to combine the total for maximum benefit for the river.

The Denverbased Colorado Water Trust is spearheading the project, which aims to extend a non diversion agreement for the cityowned Wheeler Ditch; look into the utilization of up to 3,000 acre feet of water that would otherwise be diverted through the Independence Pass Transmountain Diversion System to bolster flows near Aspen; and study ways to use more water in Grizzly Reservoir to benefit the Roaring Fork.

The funding will go toward coordinating the project; the completion of a feasibility analyses; forecasting instream flow needs for the upcoming irrigation season; performing outreach; and monitoring and reporting of streamflow and project benefits, according to a supplemental budget request from Lisa MacDonald, of the Pitkin County Attorneys Office.

Amy Beatie, executive director of the Colorado Water Trust (CWT), said this is a “real opportunity” to put water back in the Roaring Fork River, especially in the stretch between the Salvation Ditch and Castle Creek.

She explained that the CWT aims to restore streamflows in Colorado, and is looking to persuade those with water rights to put more water back into the river with the protection of 2013’s Senate Bill 19, which was championed by former state Sen. Gail Schwartz and designed to protect rivers and water right holders during times of drought.

It allows users to conserve water by keeping it in rivers or streams without jeopardizing their right, bypassing the “use it or lose it” aspect of Colorado water law.

“Senate Bill 19 protections incentivize other water right owners to participate and collaborate in augmenting streamflows in ways that lower risk, are flexible, and do not rely on big governmentrun programs,” the CWT grant application noted.

Wheeler Ditch nondiversion agreement

9/17/2015 Collected Articles Page 20 of 46 Aspen City Council partnered with the Colorado Water Trust in 2013 on a oneyear Wheeler Ditch nondiversion agreement to improve streamflow conditions on a section of river that flows through the city. This area stretches from the ditch, which is located near the eastern edge of town, down to the Rio Grande Park, the CWT grant application noted. The agreement was also renewed in 2014.

When the water level in the river fell below 32 cubic feet per second (CFS), the city reduced the Wheeler Ditch diversions to keep water in the river, leading to an increase of about 2 to 3 CFS from midJuly through the end of the irrigation season.

Under the new proposal, this Wheeler agreement would be extended for 10 years, but only five of those years are covered under SB19.

The water trust’s hope is that once others with water rights see the success of nondiversion agreements, they too will allow more water to remain in the Roaring Fork without penalty.

Beatie added that the city of Aspen has given the CWT a “resounding thumbsup” in its efforts.

“[The nondiversion agreement] is an informal agreement where a water user decides not to use its water right for its decreed purposes,” she explained. “But can instead leave it in the river. There’s no transfer obligations, it’s a very simple and private process and it’s a private contract between the trust and the city to experiment with leaving water in this section of river.”

More water from Grizzly Reservoir

Beatie said a right to 800 acrefeet of water in Grizzly Reservoir was acquired in a settlement by the Colorado River Water Conservation District in an application for a junior right enlargement.

John Currier, chief engineer with the Colorado River Water Conservation District, explained that out of the first 2,400 acrefeet that’s diverted in any given year under the junior water right, 800 goes to the river district.

“Through agreements with the city and county, that water is to be used in various ways, primarily for instream flow purposes,” he said.

Currier added that the real task of the overall project is figuring out how to marry the three sources and maximize the benefit.

“This was water that the river district secured,” Beatie noted. “It’s 800 acrefeet, about 750 of which can be used by a combination of the river district and Aspen for environmental purposes.”

Beatie said the river district is allowing CWT to analyze how the water can best be used and “sow this supply together with the Wheeler Ditch project.”

The CWT then intends to investigate how to best utilize the Grizzly water to enhance Roaring Fork streamflows, especially in years in which the Wheeler Ditch isn’t being diverted.

According to the CWT grant application, the first 40acre feet of Grizzly Reservoir water would “be held in a mitigation account for subsequent release to enhance flows in the Roaring Fork during the late irrigation season.”

“The remaining water is to be stored either in Grizzly Reservoir in a Colorado River Water Conservation District account (up to 200 acrefeet) or held in [Twin Lakes Reservoir] storage,” the

9/17/2015 Collected Articles Page 21 of 46 application continued.

Commissioner Steve Child asked if Grizzly Reservoir could be enlarged to provide more water on the West Slope.

Currier said that while nothing is in the works yet, the idea has “been on the radar screen.”

Water from the ‘Exchange’

In the third part of proposal, known as the “exchange,” the CWT will also investigate, in partnership with the water district, how to restore flows via the Independence Pass Transmountain Diversion System.

This could provide up to 3,000 acre feet of water “in exchange for equivalent bypasses from the headwaters of the Roaring Fork River,” the CWT grant application noted.

But Beatie said that while this arrangement has been implemented, it’s never been formally approved.

“The state engineer cannot administer an agreement, they need to administer a water right,” she said. “There may be more steps that need to be undertaken, both to secure this water right as instream flow, and then to have it protected.”

Wide support for effort

The Pitkin County commissioners supported the HRS grant allocation for the project, and praised the city’s involvement.

“From the bottom of my heart I want to applaud the city for taking the lead on this during the drought and continuing and following through,” said Commissioner Rachel Richards. “It’s just been fabulous.”

Dave Nixa, vice chair of the Healthy Rivers and Streams Board, said data from this project could provide a huge opportunity to increase local flows, calling it the most comprehensive grant request that HRS has ever received.

“We’re talking about, could some of those places be Snowmass Creek and the Crystal [River]?” he said. “Where we could use the value of this as a catalyst to encourage others to participate.”

April Long, stormwater manager for the city, said Aspen is looking at creating a river management plan for the Roaring Fork, calling it a top priority.

“It’s something that we’ll be working with the county very closely on, and all the other stakeholders in the suburb section of the watershed in the next two years to develop an operational river management plan for how we can maintain flows in drought years,” she said.

The CWT had already attained a matching grant from the Colorado Water Conservation Board, and the total budget for the project is approximately $70,000, according to a letter from Beatie to the HRS board.

“The idea behind this application is that it’s a really good start,” Beatie said, “Our experience is that one step forward into solving flow shortages is often the catalyst to bring more energy and enthusiasm and other water rights and water users into the program.”

9/17/2015 Collected Articles Page 22 of 46 Published on Aspen Daily News Online (http://www.aspendailynews.com) County land acquisition opens door for planned kayak park in Basalt

Writer: Collin Szewczyk Byline: Aspen Daily News Staff Writer

Arbaney Ranch parcel acquired for $115,000

Pitkin County has acquired a small parcel of land in Basalt that is crucial to the future creation of a kayak park and wave feature in the Roaring Fork River near the Elk Run subdivision.

The parcel was acquired for $115,000, and the county also agreed to cover up to $10,000 for closing costs and title work which would come from the Healthy Rivers and Streams fund.

The 0.865acre property, which is just above the confluence with the Fryingpan River, is the final piece in what could become a strong recreational draw for the town, similar to the popular feature in Glenwood Springs on the Colorado River.

The site of the proposed park is on land that is owned or controlled by either the town of Basalt or Pitkin County with the exception of the Arbaney parcel, much of which exists in the riverbed, according to a memo from Pitkin County Attorney John Ely.

But the overarching purpose for the kayak park is to secure an instream diversion water right, with the recreational benefits being icing on the cake, Ely said Wednesday.

He said the idea for the kayak park began following the 2002 drought, and that the lower portion of the Roaring Fork in Pitkin County has traditionally been highly stressed during low water periods.

“The primary motivation for it was to protect stream flows,” Ely said. “There are very few legal mechanisms that a county can actually take upon on its own, and be in control of, and manage, to affect a call of water to a particular stretch of a stream or a river. A kayak park or water park is one of those mechanisms. … It will also enhance habitat of the river itself, particularly fish habitat.”

Without this parcel, plans for the park could not go forward, he told the Pitkin County commissioners.

“This is a great day,” said Commissioner Rachel Richards. “It’s a critical piece to be able to activate and install the structures for the kayak park, which are the key components to be able to call down the recreational inchannel diversion right on the Roaring Fork River.”

She added that the diversion flow is important for the river’s future health, and the county has been pursuing the water right for around five years now.

Richards noted that a junior right today could be senior to many other rights in the future.

“In 50 years it’s going to be senior to a lot of other development applications, and it will do a lot to [ensure] a healthy river situation,” she said. “And that is separate from the great recreational activities 9/17/2015 Collected Articles Page 23 of 46 that it will offer for our residents to get in the river, and potentially help us with the control of damage to Two Rivers Road.”

A 2014 report by Aspen Journalism noted that the diversion right would be between 240 and 1,350 cubic feet per second between April 15 and Labor Day, with peak flows only allowed between June 11 and 25.

That report added that “two concrete and rock structures would be placed in the river along a steep bank next to Two Rivers Road that had been eaten away by high water in 1995 and then crudely restored by [the Colorado Department of Transportation].”

The BOCC approved the purchase unanimously, and the project now goes before the town of Basalt on Sept. 22. [email protected]

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Photo Credit with Byline: Collin Szewczyk/Aspen Daily News Photo Caption: The Roaring Fork River flows through downtown Basalt on Friday. A recent Pitkin County land acquisition has paved the way for a kayak park to be installed in the river near the Elk Run subdivision. archive_date: 1 day active: active

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9/17/2015 Collected Articles Page 24 of 46 Scott Condon [email protected]

September 2, 2015 Whitewater park proposal in Basalt moves conditional step ahead

Learn more about: Water Issues in the Colorado Mountains

Pitkin County’s proposal for a whitewater park on the Roaring Fork River in Basalt got recommended for approval from the town’s Planning and Zoning Commission on Tuesday night — with 24 conditions.

The commission voted unanimously to advise the Town Council to approve the project despite some major concerns about parking, safety of people schlepping kayaks, paddle boards and inner tubes along Two Rivers Road, and the ability of lesser skilled river navigators to get around structures planned in the river.

“I think this is the kind of project everybody in Basalt would like to see,” said planning commission member Gino Rossetti.

Pitkin County has secured water rights that it wants to use to protect flows in the river from diversions to other watersheds and boost the Roaring Fork River at times of low water. The water rights are tied to recreational uses of the structures proposed.

“We spent a great deal of time and money to get these,” said Laura Makar, assistant county attorney. She said the county would lose the rights if the project doesn’t proceed. Adding to the pressure is the county’s permit with the U.S. Army Corps of Engineers for the river work. It expires Dec. 7.

The permit gives the county permission to modify a 450foot stretch of the river “for the purpose of creating a kayaking, tubing, rafting and fishing recreation area.”

Two whitewater features will be added, including precast concrete parts, fake boulders, “modified point bars and riffles” and bank stabilization.

9/17/2015 Collected Articles Page 25 of 46 Pitkin County wants to add the structures downstream from the existing Fishermen’s Park, on the east end of Two Rivers Road near the intersection with Highway 82.

“It really has the potential to be the river entrance to Basalt,” Makar said. Basalt would have the ability to add features downstream.

The features will create Class III rapids at average water flows, according to Jason Carey, principal river engineer with RiverRestoration, a Carbondalebased firm designing the project. He said the Basalt whitewater park will be significantly smaller than the existing one on the Colorado River in Glenwood Springs. The flow at the Roaring Fork River at Basalt is typically 1,300 cubic feet per second at high flow and 240 cfs at low flow. It can exceed 20,000 cfs at Glenwood.

Planning commission chairman Dylan Johns summed up the board’s sentiments by saying he was in favor of moving the project along but felt there is a need to work out several details. The commission recommended approval so that the river work can proceed, then Basalt and Pitkin County can work on parking, circulation and other issues during the winter. The whitewater park cannot be used until the spring.

The conditions attached to the approval reflected Basalt’s major concerns: more parking along Two Rivers Road, parking for water craft trailers, a walking lane along Two Rivers Road with fencing on the riverbank and road, steps down the steep riverbank for emergency responders and a way for river runners to get around the structures.

The proposal will go before the Town Council on Sept. 8. [email protected]

Article Topics: Water Issues in the Colorado Mountains

9/17/2015 Collected Articles Page 26 of 46 Brent GardnerSmith Aspen Journalism

September 2, 2015 Ruedi water to flow downstream for endangered fish

The lower Fryingpan River will be flowing steadily in September as up to 300 cubic feet per second of water will be released from Ruedi Reservoir for the benefit of four endangered fish species in the Colorado River below Palisade.

On most days in September, about 100 cfs of the endangeredfish water will be released from the reservoir, and flows will be managed to keep the Fryingpan below 350 cfs at its confluence with the Roaring Fork River in Basalt.

Those levels largely accommodate both anglers and operation of the hydropower plant at the base of the Ruedi dam, according to Ted Kowalski, chief of the Interstate, Federal & Water Information Section at the Colorado Water Conservation Board.

However, if conditions turn drastically drier, as much as 300 cfs of endangeredfish water could be released, Kowalski said.

The release of what’s expected to total 6,000 acrefeet of water is the result of a oneyear lease between the Colorado Water Conservation Board and the Ute Water Conservancy District.

9/17/2015 Collected Articles Page 27 of 46 In 2013, the district paid $15.6 million for the right to store 12,000 acrefeet of water in Ruedi to the Bureau of Reclamation, which owns and operates the 102,000 acrefoot reservoir 15 miles above Basalt.

Ute Water serves 260 acres and 80,000 people in and around Grand Junction, and it bought the 12,000 acrefeet in Ruedi as a back up water source. But it also has the option to lease its Ruedi water to the Colorado Water Conservation Board for environmental purposes.

The Colorado Water Conservation Board, a state agency charged with both watersupply planning and environmental protection, holds a 581cfs instream flow right for the section of the Colorado River between the Grand River Diversion Dam — the red roller dam in DeBeque Canyon — and the confluence with the Gunnison River in central Grand Junction.

And bringing the 300 cfs of water down to that reach, which is heavily diverted for irrigation, will help the agency meet both its instreamflow goals and the requirements of the Endangered Species Act.

“These types of ‘winwin’ agreements are needed to assure that Colorado can beneficially use water within Colorado and help recover endangered fish that use the Colorado River for habitat,” said James Eklund, the director of the Colorado Water Conservation Board, in a statement.

The water from Ruedi is designed to help four species of endangered fish: the Colorado pikeminnow, the razorback sucker, the humpback chub, and the bonytail.

The $45,000 needed to pay for the expected use of 6,000 acrefeet of water under the first year of the lease will come from the state’s Species Conservation Trust Fund. In January, the Colorado Water Conservation Board approved spending as much as $500,000 from the conservation fund for water from Ruedi Reservoir to flow to the 15mile reach.

“This is the first time that the Species Conservation Trust Fund has been used to purchase stored water to supplement flows to critical habitat for endangered fish,” Linda Bassi, chief of the Stream and Lake Protection Section of the Colorado Water Conservation Board, said in the statement. “We are excited that we have been able to use this particular funding source and our instreamflow program for this purpose.”

Officials at the Colorado Water Conservation Board, Colorado Parks and Wildlife, the U.S. Bureau of Reclamation and the U.S. Fish and Wildlife Service will coordinate the water releases.

A public meeting on the endangeredfish water was held in Carbondale in April, and concerns from a wide variety of stakeholders were voiced about flow levels, river health, winter flows, lake levels and how additional leases could change the pattern of releases from Ruedi.

9/17/2015 Collected Articles Page 28 of 46 Kowalski told the Colorado Water Conservation Board board in May that the 300 cfs cap met some of the concerns, and that moving forward he will work closely with interested parties, which include the city of Aspen and Pitkin County.

Mark Fuller, the director of the Ruedi Water and Power Authority, said it is important to the authority that releases stay at or less than the 300 cfs level and that the flows from the deal will be closely monitored.

Aspen Journalism is collaborating on the coverage of rivers and water with The Aspen Times. More at www.aspenjournalism.org.

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9/17/2015 Collected Articles Page 29 of 46 Reservoir work led to elevated levels of metals in river

Published on Aspen Daily News Online (http://www.aspendailynews.com) Reservoir work led to elevated levels of metals in river

Writer: Chad Abraham Byline: Aspen Daily News Staff Writer

But officials say Fork’s ecosystem likely unharmed

The release of sediment from Grizzly Reservoir into the Roaring Fork River in August contained levels of heavy metals that exceeded state standards for aquatic life, but officials do not believe the mining-related material will have any long-term impact on the ecosystem.

The results were expected, if unwanted, given the history of 19th-century mining that took place near the reservoir’s present-day location, said Rick Lafaro, executive director of the Roaring Fork Conservancy, a nonprofit watershed steward.

Metals from the Ruby Mine and other sites have been draining and settling into Grizzly Reservoir for decades. The reservoir on Independence Pass was drained on Aug. 10 so a piece of the dam’s infrastructure could be fixed, and the process sent sediment into Lincoln Creek and then the Roaring Fork. The Fork turned from its typical gin clearness to a yellowish brown shade that alarmed many locals in the wake of the Animas River mine-waste disaster.

Concerned about possible impacts on trout and other organisms, city of Aspen staff collected water and sediment samples from several locations in the days following the river’s discoloration. The municipality hired a Front Range laboratory to analyze the samples, and Carbondale-based Lotic Hydrological, a water-engineering firm, on Tuesday released its summary of the analysis.

In addition to high levels of iron and aluminum, there were potentially elevated amounts of copper and manganese, wrote Bill Hoblitzell, project manager with Lotic Hydrological. But the data were insufficient for a complete evaluation of the latter two elements, he added.

“The water and sediment pulse that came down the Roaring Fork from the flushing of Grizzly Reservoir contained elevated levels of several dissolved metals, including aluminum, copper, iron, manganese and zinc,” Hoblitzell wrote. “These metals continually accumulate in the sediments of Grizzly Reservoir due to acid mine drainage from the Ruby Mine site and natural acid rock drainage from the highly mineralized geology in the mountainside above Ruby Mine.”

Lotic Hydrological’s summary was released through the Roaring Fork Conservancy.

“While this situation was not good for the river, it was also not that bad,” Lafaro said in an email. “It is something we would not want to see happen on a regular basis, but the river is resilient and can heal.”

Hoblitzell agreed, citing the history of mining in the area. Ruby Mine “has likely contributed dissolved metals contamination to Lincoln Creek for at least a century, and to Grizzly Reservoir since its construction, which I think was in the 1930s,” he wrote in an email.

The townsite of Ruby and its namesake mine are about 4 miles upstream from Grizzly Reservoir. With metals continually draining into the reservoir, “I would expect that anytime there is a big enough release to stir up the bottom sediments and send them downstream, we could see temporarily higher levels of metals flushing downstream, and that puts some stress on the river life,” Hoblitzell said. “How much? Hard to say, but from what we’ve seen, not too bad.”

9/17/2015 Collected Articles Page 30 of 46 2015.09.09 Reservoir work led to elevated levels of metals in river_ADN.html[9/9/2015 10:23:17 AM] Reservoir work led to elevated levels of metals in river

His report notes that neither residents nor fishing guides reported seeing dead fish or other “acute effects.” In addition to a fish kill, those effects could include damage to tissues of stream organisms, the report says. It adds that the so-called pulse of sediment and water from the reservoir was short-lived, as most of the material passed through Aspen in about 24 hours.

Even though the metal levels exceeded standards set by the Colorado Water Quality Control Division (WQCD), the incident “does not comprise a violation of state law or require direct regulatory action,” the report says. “Other issues such as the frequency, timing and duration of exceedance events all factor into the legal determination of stream impairment by WQCD.”

City staff took samples from the Grizzly outlet into Lincoln Creek, about 16 miles southeast of Aspen, and at a location on Stillwater Drive, just upstream from downtown.

A water sample taken Aug. 12 from Stillwater by city officials, and tested separately by the Aspen Consolidated Sanitation District, showed a “total suspended solids” reading of 33 milligrams per liter (mg/L). April Long, the city’s stormwater manager, said that total suspended solids in the river when it runs clear are between 2 and 4 mg/L. The sanitation district’s test looked only at the concentration of sediment in the water, and not whether any heavy metals had attached to the sediment.

By the time the water and soil reached town, the pulse had experienced significant dilution, the report says. This was due to the mixing of cleaner water in Lincoln Creek and other tributaries like Difficult Creek.

Because the water was going to get diluted fairly rapidly as it moved downstream, “in discussions with colleagues and other folks who work in the Roaring Fork watershed, we guessed that any negative impacts to the river would probably not be too severe, and likely short-lived,” Hoblitzell said in his email.

City staff is to again take macroinvertebrate samples this month at several long-term reference sites, and that may yield more information on potential long-term impacts, if any occurred, according to the report. Such impacts could include reproductive and developmental abnormalities in trout and other aquatic life.

When he was contacted for assistance, Hoblitzell said he suspected the metal levels were unlikely to be as bad as “the severely polluted mine drainage we sometimes see spilling directly from mine tunnels around the state in other places like Ouray, Silverton, Creed, the Swan River near Breckenridge, Leadville, Cripple Creek, etc.”

Because Grizzly Reservoir continually collects metal-containing sediment, periodic releases of the material is expected, the report says.

Meanwhile, the Twin Lakes Reservoir and Canal Co., the reservoir’s owner and operator, is awaiting parts to fix the problem that led to the draining.

General manager Scott Campbell confirmed Tuesday that a tree had become lodged in an outlet gate, preventing it from closing. The decision to drain the reservoir, which he said earlier was one he did not take lightly, was required because of a potential dam failure.

His staff hopes to receive the parts early next week; fixing the gate will then take another week or so, followed by equipment tests before the reservoir is refilled.

Campbell described the tree as 12 feet long and 5 or 6 inches in diameter. It’s unclear if the tree knocked loose the gate’s rubber seal or if a bolt failed, he said.

“I don’t know if we’re ever going to really know what the failure mode was, but we’re going to try to figure that out,” Campbell said. “If we know why it failed, maybe we can do something about it to prevent it from happening again.”

[email protected]

9/17/2015 Collected Articles Page 31 of 46 2015.09.09 Reservoir work led to elevated levels of metals in river_ADN.html[9/9/2015 10:23:17 AM] Jason Auslander The Aspen Times

September 9, 2015 Reservoir discharge exceeded state limits

A photo of the Roaring Fork River taken near the old Aspen Art Museum on Aug. 13 shows discoloration caused by the drainage of Grizzly Reservoir. City of Aspen officials took samples from the river the same day this photo was shot.

The discharge from draining Grizzly Reservoir last month sent levels of aluminum and iron down the Roaring Fork River that acutely exceeded state standards for aquatic life, according to a report that analyzed samples taken by city of Aspen employees.

9/17/2015 Collected Articles Page 32 of 46 In addition, the discharge also potentially contained levels of copper and manganese higher than state standards, though that could not be determined for certain with the available data, according to the report by Lotic Hydrological in Carbondale.

But no evidence of acute effects, such as fish kills, were reported to government officials by residents or fishing guides who frequently work the river, and the discharge did not exceed humanhealth standards, the report states. The levels of copper and manganese did exceed agricultural standards, however.

Rick Lofaro, director of the Roaring Fork Conservancy, likened the discharge Tuesday to a bad sunburn, “but it’s not like you have skin cancer.” He said some damage may have occurred, but the river will heal itself and be OK in the end.

“It’s not good, but it’s not that bad,” Lofaro said. “The damage was fairly minimal.”

However, Andre Wille, a local high school chemistry teacher and longtime riverwatcher, said the Grizzly discharge “was a lot worse than I had thought.”

Wille said he’s been part of River Watch Colorado, a program under the state Department of Parks and Wildlife, for 25 years, which has been taking samples from the river every month and having them analyzed. Wille also is chairman of the Pitkin County Healthy Rivers and Streams board.

“This is the single largest event with toxic chemicals coming down the Roaring Fork River in the last 25 years,” Wille said. “Never have we come close in 25 years to exceeding state standards.”

Officials from the Twin Lakes Reservoir and Canal Co., which runs Grizzly Reservoir, discovered a tree lodged in an outlet gate at the reservoir around Aug. 8, according to the report. Concerned that forecasted precipitation at the time might trigger a dam failure, those officials decided to drain the reservoir to fix the gate.

They drained most of the reservoir through tunnels heading east toward Denver, the report states. But they sent the remaining 10 to 20 acrefeet of water that remained at the bottom of the reservoir down Lincoln Creek and into the Roaring Fork River, according to the report.

That sedimentladen water turned the Roaring Fork River brown as it moved downstream during the early hours of Aug. 10, while “residual amounts of turbid water continued to move downstream (during) the next several days,” the report states.

Area residents quickly noticed the change in the usually clearrunning river. City of Aspen officials collected samples Aug. 13 from the reservoir bottom, the outlet from the reservoir into Lincoln Creek and from the Roaring Fork River at Stillwater Bridge just east of Aspen, the report states.

9/17/2015 Collected Articles Page 33 of 46 The metals in the water “continually accumulate in the sediments of Grizzly Reservoir due to acidmine drainage from the Ruby Mine site and natural acidrock drainage from the highly mineralized geology in the mountainside above Ruby Mine,” the report notes.

Ruby Mine is located on Lincoln Creek about 4 miles upstream from the reservoir.

Grizzly Reservoir officials did not tell anyone downstream they were draining the reservoir.

“Had we known what was going on, this community would have reacted sooner,” Lofaro said. “I think they should have given us some headsup.”

But as it was, samples didn’t get taken until three days after the initial pulse of Grizzly drainage flowed down the river and through Aspen.

“It’s safe to assume there were probably larger amounts of these metals (flowing down the river before the samples were taken),” Lofaro said.

Still, he doesn’t think Grizzly officials had malicious intentions when they drained the water because they felt they were facing an emergency situation. He is talking with those officials to make sure such an event doesn’t happen again without the knowledge of the community.

And Lofaro said what they did is not considered a violation, and he doesn’t expect state water quality officials to become involved in the situation.

“I don’t want to say it’s no problem, but it was a small enough event,” Lofaro said. “Rivers are resilient.”

A message left Tuesday at the Twin Lakes Resevoir was not returned.

The report states that “it is likely and hopeful that the short duration of the event and dilution of the metalimpacted water by tributaries as it moved downstream will not produce longterm effects.”

However, the gate draining the reservoir into Lincoln Creek and the Roaring Fork River is still open because the broken gate has not yet been fixed, Lofaro said.

Wille, though, called the discharge “a pretty significant event.” He pointed out that iron levels measured at the Grizzly outlet three days after the discharge were 13 times the state standards, while those at Stillwater were three times the state levels.

“The Upper Roaring Fork has never seen levels like that,” Wille said. “If any industry would have floated that kind of pollution down the river, there would be consequences.”

Wille said he hopes there are no longterm effects from the discharge, though iron can coat the bottom of the river and smother trout eggs and other organisms.

9/17/2015 Collected Articles Page 34 of 46 “Hopefully it will get washed through,” he said. “But I just don’t want to downplay this. This kind of thing can’t happen in the future. The Roaring Fork is a pristine river.” [email protected]