BOARD OF COUNTY COMMISSIONERS PACKET

LAND USE DEPARTMENT

APPLICATION: ERIC JOHNSON - HIGH ALPINE B&B

TABLE OF CONTENTS

1. STAFF'S REPORT 2. PLANNING COMMISSION MINUTES 3. APPLICANT'S SUBMITIED APPLICATION: a. APPLICATION FORM b. INFORMATION ON PROPERTY/OWNERSHIP/AGENT AUTHORIZATION c. STATE WELL PERMIT d. NARRATIVE e. RESPONSE TO REQUIREMENTS OF SECTION 5 - LAND USE CODE f. NARRATIVE ADDENDUMS g. DRAFT MOU - ERIC JOHNSON/OURAY SILVER MINES h. NARRATIVE ADDENDUMS i. DRAFT WAIVER OF LIABILITY j. TOPO MAPS k. CABIN/ADDITION ELEVATION DRAWINGS I. GOOGLEEARTH IMAGES m. SITE PLAN n. VICINITY MAP 4. DEPARTMENT & AGENCY REFERRAL RESPONSES 5. ALL MAPS REFERENCED IN PACKET 6. COMMENTS FROM PUBLIC STAFF'S REPORT LAND USE DEPARTMENT STAFF REPORT March 8, 2017

Application: Special Use Permit - Bed & Breakfast Project Name: Johnson High Alpine B&B Applicant Name: Eric Johnson, Susie Taylor Authorized Agent: Eric Johnson Property Owner: Douglas Glenn Sanford Parcel Name/Acres: Hoosier Girl, 9.99-ac Zoning/District: Alpine, High Alpine District Case Manager: Mark Castro dale

Request: The Applicant is applying for a Special Use Permit for the purpose of operating a Bed & Breakfast (8&8) in the Alpine Zone. The subject property also falls within the High Alpine District, as defined a regulated by Section 24 of the Land Use Code. (Claim lies at approximately 11,200' in elevation according to GoogleEarth.) The B&B would be located on the Hoosier Girl mining claim and would require issuance of a Special Use Permit (the subject of this report), a High Alpine Site Development Permit, and a Building Permit, to construct an addition to the existing residential structure. If the subject Special Use Permit is approved, the Applicant's intend to obtain adequate acreage and trade credits as required by Section 24 of the Land Use Code to construct a 2000sf addition on to the existing 500s1 cabin.

History: Currently, there is a rustic shack and a residential structure on the Hoosier Girl mining claim. The existing residential structure (referred to as the Sanford Hu~ is approximately 500 square feet in size, was constructed in 1983, and according to Land Use Department records, has no historical designation or significance. The Applicant's intend to demolish the rustic shack and construct an addition on to the existing cabin for the purpose of operating the proposed B&B.

County Referrals. Outside Agency Referrals. and Public Comments: The subject application was referred to the following departments or agencies for review/comment:

Page 1 of 11 COUNTY GIS ADMINISTRATOR

A summary of the comments from the GIS Administrator are as follows:

Primary Route (as proposed): o From locked gate at Senator Gulch to proposed site is approximately 2.5 miles with a vertical gain of 1,650 feet. o First 1.1 miles maintained in winter by Ouray Silver Mines (OSM). (via winter road maintenance agreement with the County) o Control work (ie. road maintenance) done on an as-needed basis based on OSM needs. o Control work coordinated with Ouray County law enforcement who disseminates information on planned control activity and is also on site to divert public activity when control activities are in progress. Alternative Access Route: o Proposes using Richmond Pass trail as alternate [ingress/egress] route during periods of high [avalanche] danger. o From [B&B] site, path is 2.8 miles and 1,800 vertical feet. Analysis: o At least 9 avalanche paths along proposed primary route. o No mention in application of integration with OSM control activities. o Avalanche paths #8 and #9 (see diagrams) not controlled for avalanche hazard. Opinion: o Proposed route could be controlled through coordination with OSM for paths 1-7. (providing constant monitoring and control work performed as needed) Would also require additional avalanche control plan for paths 8 and 9. o Safe travel through proposed route possible during periods of low avalanche danger. However, time of day, daily temperature variations, weather, and other local variables can significantly alter conditions and thereby safe travel. o Use of alternate Richmond Trail route would require complex, multi-hour back­ country ski tour. Safe travel may be possible during the day in good conditions. Travel in this area would be extremely difficult if not impossible at night, in a storm, or during avalanche conditions for some skiers/customers of the B&B.

ROAD & BRIDGE

A summary of the comments from the Road & Bridge Superintendent are as follows:

Main concern is winter access due to extreme avalanche danger. Coordination with OSM regarding avalanche control will be imperative. Recommend no parking at Senator Gulch. Possibility of Senator Gulch gate being moved to Thistle Down or Angel Creek. Page 201 11 No winter maintenance on CR-26B or CR-26Z. Creates major safety concern for EMS if there is a possible winter response to B&B

COUNTY ATTORNEY

A summary of the comments from the County Attorney are as follows:

Parking is not allowed in County ROW. Recommend referral to USFS, CAlC, County Sheriff, Ouray Silver Mines. Public access to CR 361 beyond gate already a complex issue. Suggested changes to waiver and release. Recommend compliance with State Well Permit

COUNTY SHERIFF

A summary of the comments from the Sheriff's Department are as follows:

Many of the avalanche paths run without warning. Cleanup from an avalanche may take several hours or even days. Could take several days to reach someone caught in an avalanche. Avalanche prediction and mitigation is not perfect. May not send rescuers in if conditions are still unsafe.

COUNTY EMS

A summary of the comments from EMS are as follows:

Would like to be included in a waiver stating no expectation of response from EMS.

OURAY MOUNTAIN RESCUE

A summary of the comments from Ouray Mountain Rescue are as follows:

Agree with Jeff Bockes' assessments of the winter hazards. Avalanche paths exist throughout the Richmond Pass area. Recommend [clients of the B&B] be told "proceed at your own risk" "rescue is NOT guaranteed" Would recommend gathering additional information regarding the comments on "Helitrax". Are they being paid to be on stand-by for rescue?

OURAY SILVER MINES

A summary of the comments from the Ouray Silver Mines are as follows:

Main concern is the risk of avalanche along the proposed route to the cabin. Avalanche paths 16, 17, 18 (as shown on OSM map) not mitigated by OSM. Page30f 11 Mitigation work by OSM could be hampered due to unknown location of users. Potential conflicts with mitigation done by Helitrax.

o Transporting supplies to the cabin may be difficult.

o Parking at the gate is limited.

o Recommend application work with OSM to reduce conflicts.

o Recommend applicant adhere to OSM travel policy: o Wearing of beacons o Radio communication from gate, again at first safe zone o Applies going up or coming down the mountain Recommend using shuttle to transport guests from gate to Camp Bird turnoff

o Applicant should agree to pay a fee to offset OSM costs for road maintenance

COLORADO AVALANCHE INFORMATION CENTER (CAlC)

A summary of the comments from the CAlC are as follows:

o Three operations conducted avalanche hazard mitigation in the areas adjacent to the Sanford Hut (OSM, Helitrax, COOT/CAlC). Work done could impact access to/from the proposed hut. Need detailed operational/communications plan.

o Applicant's proposal to credit guests for their stay during periods of "high" or "considerable" avalanche danger may not be realistic. Over the past three operating seasons, the avalanche danger [in this area] is "considerable" or higher 30% of the time.

o CAlC issues avalanche danger ratings from mid-November to mid-April. There can be significant avalanche danger outside of these dates. Applicants proposal does not address how the operation or guests will address avalanche hazards during these periods.

o Applicant should address how avalanche control along CR-361 would be handled if the current avalanche control done by Ouray Silver Mines is modified or OSM ceases to conduct avalanche control in this area. Applicant and guests will be accessing a portion of this road on foot and OSM's mitigation addresses vehicular access. There is still risk here.

o Issues with Applicant's proposed "alternate" access via Richmond Pass; These issues include: 1) Route from hut to Richmond Pass contains substantial amounts of avalanche terrain. During periods when CR-361 is closed this route could be too dangerous for backcountry travel. 2) Route from Richmond Pass to US 550 contains significant avalanche terrain and could be too dangerous for travel when CR-361 is closed. 3) Route from Richmond pass to US 550 contains several avalanche paths that threaten the highway. Avalanche mitigation in this area is not consistent. 4) If guests of the B&B are able to travel over Richmond pass to US-550, the highway may be closed for an extended period of time.

US FOREST SERVICE Page 4 of 11 A summary of the comments from the US Forest Service are as follows:

Operators (of the B&B) may be required to have outfitter and/or guide permits.

COLORADO GEOLOGICAL SURVEY

- As noted in the letter submitted by Colorado Avalanche Information Service, CAlC is recommending review of the subject application by Colorado Geological Survey. Due to the cost involved (est. $950) and the fact that the subject site likely cannot be accessed until July, Staff did not request a review by CGS. The BOCC could direct Staff to initiate a review by CGS, which could be completed as soon as site access is possible.

NotificationtPosting Requirements: On-Site Posting As required by the Land Use Code, the Applicant posted on-site notice of the in-process Special Use Permit application on the property, at least 14-days prior to the date of the public hearing before the BOCC. Adjacent/Adjoining/Abutting Owners Notification As required by the Land Use Code, the Applicant sent notice of the in-process Special Use Permit application, including the date/time/location of the public hearing before the BOCC, to all property owners, abutting, adjacent, adjoining, or directly across a street or road from the proposed use. The notice was sent at least 14-days prior to the date of the public hearing before the BOCC. Requirements - Land Use Code Section 5:

• STAFF'S RESPONSE/COMMENTS IN BLUE

Definition

Staff reviewed the definition of Bed & Breakfast in Section 2 of the Land Use Code and it is Staff's opinion that the Applicant's proposal meets this definition.

Existing Conditions Map

The Applicant provided a site plan and an aerial image. Staff accepted these documents to be equivalent to an Existing Conditions Map.

Detailed Site Plan

The Applicant provided a site plan which is included in the packet materials.

Operator other than Owner

The Applicant is under contract to purchase the subject claim(s) and will be the operator.

Page 5 0111 Written Narrative

The Applicant provided a written narrative and several addendums.

Description

The Applicant provided a description of the proposed use in the provided narrative.

._------Undue Danger, Water Pollution, Offensive Noise ...

The Applicant addressed the matters of undue danger, water pollution, and potentially offensive elements to the proposed use in his narrative. Staff did not find evidence that the proposed use would cause water pollution or unreasonable amounts of offensive noise, vibration, smoke, odors, heat, glare, or other objectionable influences beyond the boundaries of the property on which the proposed use is located.

Regarding "undue danger"; It is Staff's opinion that the proposed use does not create undue danger in surrounding areas as back-country skiing and recreation is common in the county's mining district. Further, it is Staff's opinion that the Applicant has adequately addressed the issues of winter access and avalanche danger through his proposed winter access plan, which includes the following elements:

• Applicant to enter into agreement with Ouray Silver Mines (OSM) that includes: o Financial contribution by the applicant to support winter maintenance on CR 361. o Financial contribution by the applicant for avalanche control work on US Mountain (slide paths "8 & 9" as show on GIS Administrator - Diagram 2) o Applicant to follow OSM radio communications protocols. o OSM travel policy to be included in booking information and the requirement for guests to sign acknowledgement that includes the same information. • Applicant to provide shuttle service from Ouray to Camp Bird Area. • Applicant will not conduct any departures to/from the B&B during periods of high avalanche danger. • Applicant will not use Richmond Pass as alternate or emergency access route. • Applicant agrees to sign waiver of liability prepared by the County Attorney, and, add the County as an "additional named insured" on his general liability policy.

Potable Water/Sewage

The Applicant has provided a copy of a commercial well permit to address potable water. Staff notes Item No. 8 on the well permit which states that the "return flow from the well must be through an individual wastewater disposal system" (OWTS). If the subject application is approved, the Applicant would be bound by the conditions of the well permit and Ouray County's OWTS Regulations, including the requirement that any proposed system be designed by a licensed professional engineer. The Applicant may be able to add a composting Page 6 of 11 toilet component to the operation at some point, once a system has been approved by the State/CDPHE. However, any possible future inclusion of a compost toilet would not change the size or specifications of the required OWTS system.

Visual Impact

The subject site/location is not within a visual impact corridor.

Impact on Wildlife/Habitat

It is Staff's opinion that the proposed use would not unreasonably impact wildlife or significant wildlife habitat. However, if the subject application is approved, Staff will take a closer look at this issue as part of the High Alpine Site Development Permit review process. If any potential wildlife impact is identified as part of that process, Staff will refer the site development permit application to the Colorado Department of Parks and Wildlife for further review and a recommendation.

Impact on Ditches

The subject property/site has no known ditches or ditch structures.

Geo-Hazards

Section 5.2 - SUBMITTAL REQUIREMENTS

Section 5.2E(7)

The proposed use is not located within any area subject to Identified geohazards, including but not limited to, rockfall areas, avalanches, ...

Based upon the information reviewed by Staff, as well as input from CAlC, it is Staff's opinion that the proposed use is not located (ie. the specific location of the proposed cabinlB&B) within an area subject to identified geohazards. However, if the subject application is approved, this issue will be looked at more closely as part of the High Alpine Site Development Permit review process. If potential issues are identified by Staff, the Applicant may be required to have the site reviewed by a Colorado Licensed Professional Engineer, or, Colorado Geological Survey. Geohazards, and specifically avalanche dangers that exist along the ingress/egress route to the site, are addressed elsewhere in this report.

Site Contamination

It is Staff's opinion that chemical contamination on the subject site is unlikely, however, this will be confirmed at the time of a Site Development Permit, on-site review and inspection.

Compatible with Community Character

It is Staff's belief that objective analysis of the proposed use's compatibility with the community character and surrounding land uses is difficult, if not impossible. However, it is Staff's opinion that if the subject use is likely compatible with the backcountry recreation that is typical in this area, if there is a limitation of a maximum of six (6) vehicles at any time.

Page 7 of 11 Material Adverse Effect

It is Staff's opinion that if the subject use is properly maintained, the risk of any material adverse effect due to the operation of the B&B is minimal. Staff is in agreement with the condition proposed by the Planning Commission, requiring the use to be properly maintained.

Impacts on Existing Infrastructure

It is Staff's opinion that potential impacts to existing infrastructure are limited, however, Staff recommends a condition to approval, requiring the applicant to pay impact fees, or enter into a cooperative road maintenance agreement, if excessive damage to County roads is found to be caused by the Applicant or guests of the B&B.

Located in a PUD - HOA Letter

The proposed use is not located within a PUD or subdivision.

Notification to HOA

The proposed use is not located within a PUD or subdivision.

Weed Mitigation/Plan

It is Staff's opinion that if the proposed Special Use Permit is approved, the Applicant be required to meet with the County Weed Manager to discuss the possible need for a Weed Management/Mitigation Plan.

Additional Information

As of the date of this report, Staff has not required any additional information from the Applicant.

5.3 - Additional Submittal Information/Requirements

CEMETERIES, SCHOOLS, BED AND BREAKFAST OPERATIONS, CHURCHES, COMMERCIAL EQUESTRIAN ACTIVITIES, COMMERCIAL OUTDOOR RECREATION, LIVERY OR HORSE RENTAL OPERATIONS, COMMERCIAL USES, COMMERCIAL CAMPING, AND GUEST RANCHES, HISTORICAL MUSEUMS, AND WILDLIFE REHABILITATION FACILITIES:

Sufficient Distance

It is Staff's opinion that if approved, there is sufficient distance from the proposed use from abutting properties, which might be damaged or diminished in value due to the operation of the proposed use.

Properly Maintained

It is Staff's opinion that if the proposed Special Use Permit is approved, the Applicant be required to property maintain the subject property, as confirmed through a condition stated on the approving resolution.

Page80f 11 Vehicles - Hazards/Nuisance

It is Staff's opinion that if the Applicant maintains compliance with Ouray Silver Mine's winter travel policy on CR-361, and all conditions that may be placed on a potential approval of the application, the subject use will not introduce unreasonable vehicle hazards on County roads.

Off-Street Parking

The Applicant is aware of the required parking spaces for the proposed use, that all parking must be on-site, and that no parking is allowed in County rights-of-way.

STATE/FEDERAL COMPLIANCE

If the subject application is approved, the Applicant will be required to maintain continued compliance with all applicable State and Federal regulations.

LEASED LAND

No leased land is proposed as part of the subject application.

IMPACT FEES

Potential impact fees are discussed elsewhere in this report.

OUTSIDE AGENCY REVIEW

The following outside agencies (ie. not county departments) received referrals regarding the proposed use and any responses received are included with the application packet:

- Ouray Silver Mines - Colorado Avalanche Information Center - Ouray Mountain Rescue US Forest Service

Planning Commission ReviewlRecommenCiation: Planning Commission reviewed the subject application in a properly noticed public hearing on May th 16 • At the conclusion of that hearing, the Planning Commission voted unanimously to continue the hearing to May 30th to allow Staff to work on refining possible conditions. The Planning Commission th completed the public hearing on the matter at the continued hearing on May 30 • At the conclusion of the hearing, the Planning Commission voted unanimously to forward the application to the Board of County Commissioners, with the following conditions:

1. The approval of this Special Use Permit does not guarantee approval of any High Alpine - Site Development Permit, or Building Permit, which are required prior to the Applicant commencing with the proposed use andlor site construction. 2. Applicant may not proceed with the proposed use until a Certificate of Occupancy (CO) has been issued by the Land Use Department for the proposed residential structure. 3. The Applicant shall obtain a septic permit from the County and install an OWTS system that complies with all State and local regulations as well as all conditions listed on Well Permit No.

Page90f 11 304457. The Applicant may install a State approved, and County permitted compost toilet but this will not reduce the size of the required OWTS. 4. No parking is allowed in the County right-of-way. The Applicant has read, understands, and shall comply with the Winter Road Maintenance Policy - Resolution No. 2016-000. 5. The release of liability and waiver proposed by the applicant shall be revised/amended per the language recommended by the County Attomey and is required to be signed by any guests of the B&B. 6. Prior to issuance of the Special Use Permit, Applicant(s) shall be required to sign an indemnification agreement prepared by the County. 7. At the time of booking, any/all guests or visitors must read and sign the release of liability and waiver document. 8. Any sale or transfer of the business (B&B) shall require approval of a Special Use Permit - Amendment, by the Board of County Commissioners. 9. Owner/operator of the B&B shall comply with all State and Federal regulations, including the potential requirement for issuance of an outfitter and guide permit from the US Forest Service. 10. All trash and bear attractants shall be kept in bear-proof containers or in a locked building/structure. 11 . The B&B shall include not more than 6 parking spaces with 1 space being wheelchair accessible per ADA requirements. 12.11 excessive damage to County roads (361, 26-B, 26-Z) is found to be caused by guests, visitors, or the Applicant 01 the B&B, the Applicant may be subject to impact fees or required to enter into a cooperative road maintenance agreement. 13. The subject residential structure and surrounding land area shall be properly maintained at all times. 14. The Special Use Permit is issued for a period of 3-years from the date of issuance of the Certificate of Occupancy. 15. The Applicant shall provide reasonably safe and legal access to the Bed & Breakfast facility. 16.Applicant shall execute a memorandum of understanding regarding winter access with all applicable parties, including the County.

Staff Conclusions and Recommendations: It is Staff's opinion that with the required implementation 01 the conditions listed below, the subject application complies with the provisions set forth in Section 5 of the Ouray County Land Use Code. However, it is important to restate that the proposed use also requires approval of a High Alpine Site Development Permit and county-issued Building Permit, the issuance of which is not guaranteed by the Special Use Permit. Therefore, Staff recommends the Board of County Commissioners approve the proposed application for a Special Use Permit to operate a Bed & Breakfast on the Hoosier Girl Mining Claim, with the following conditions: (Additional or modified conditions from what were recommended by the Planning Commission shown in YELLOW.)

1. The approval of this Special Use Permit does not guarantee approval of any High Alpine - Site Development Permit, or Building Permit, which are required prior to the Applicant commencing with the proposed use and/or site construction.

Page 10 of 11 2. Applicant may not proceed with the proposed use until a Certificate of Occupancy (CO) has been issued by the Land Use Department for the proposed residential structure. 3. The Applicant shall obtain a septic permit from the County and install an OWTS system that complies with all State and local regulations as well as all conditions listed on Well Permit No. 304457. The Applicant may install a State approved, and County permitted compost toilet but this will not reduce the size of the required OWTS. 4. No parking is allowed in the County right-of-way. The Applicant has read, understands, and shall comply with the Winter Road Maintenance Policy - Resolution No. 2016-000. 5. The release of liability and waiver proposed by the applicant shall be revised/amended per the language recommended by the County Attomey and is required to be signed by any guests of the B&B. 6. Prior to issuance of the Special Use Permit, Applicant(s) shall be required to sign an indemnification agreement prepared by the County, and list the County as an additional named insured on the Applicant's general liabili ty policy. 7. At the time of booking, any/all guests or visitors must read and sign the release of liability and waiver document, the language of which shall be reviewed and approved by the County Attorney. S. Any sale or transfer of the business (B&B) shall require approval of a Special Use Permit - Amendment, by the Board of County Commissioners. 9. Owner/operator of the B&B shall comply with all State and Federal regulations, including the potential requirement for issuance of an outfitter and guide permit from the US Forest Service. 10. All trash and bear attractants shall be kept in bear-proof containers or in a locked building/structure. 11. The B&B shall include not more than 6 parking spaces with 1 space being wheelchair accessible per ADA requirements. 12.lf excessive damage to County roads (361, 26-B, 26-Z) is found to be caused by guests, visitors, or the Applicant of the B&B, the Applicant may be subject to impact fees or required to enter into a cooperative road maintenance agreement. 13. The subject residential structure and surrounding land area shall be properly maintained at all times. 14. The Special Use Permit is issued for a period of 3-years from the date of issuance of the Certificate of Occupancy. 15. The Applicant shall provide reasonably safe and legal access to the Bed & Breakfast facility. 16. Applicant shall execute a memorandum of understanding regarding winter access with all applicable parties, including the County. 17. The Applicant shall be required to meet with the County Weed Manager to discuss the possible need for a Weed Management and Revegetation Plan for the subject property. The potential need for such plan is at the sole discretion of the County Weed Manager.

Page 11 of 11 Hoosier Girl and Richmond Mining Claims

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- _ .... I ... ~.~,. - ~ -- ~ -----c::J ...... 0tUj. c:::J ~"a.Mu. 1\1 L III~ _. ,...... • $";U .. ... ~- <- PLANNING COMMISSION MINUTES DRAFr - SCHEDULED TO BE APPROVED ON 5/30nOl7 o Erection of any structures on Lot 1 must be within the newly located building envelope. o The relocated driveway for Lot 1 may require an address and/or driveway permit Issued by the Ouray County Road & Bridge Department. o The Applicant shall provide a final amended plat, prepared by a Colorado licensed engineer or surveyor, to the Land Use Department for final review and approvaVslgnature by the BOCC. o After approval and signature by the BOCC, the Applicant shall record the amended plat with the Ouray County Clerk and Recorders Office within 7 days.

2. SECOND: Miller seconded the motion. 3. DISCUSSION: None 4. VOTE: All in favor & the motion passed unanimously

(The Planning Commission took a short recess)

4. Public Hearing (6:30 PM): The purpose of the hearing is to review and make a recommendation to the Board of County Commissioners regarding an application by Eric Johnson and Susie Taylor for approval of a Special Use Permit to operate a Bed & Breakfast on the Hoosier Girl mining claim, near Richmond Basin. • Staff Presentation 1. Castrodale introduced the application: a. Displayed several maps on the overhead. b. Special Use Permit to operate a B&B on the Hoosier girl mining claim. Use is allowed by SUP in the Alpine Zone. c. Also subject to the high·alpine regulations of the Land Use Code d. Does not guarantee the issuance or approval of a High Country Site Development Permit or a Building Permit. e. This process deals only with the SUP; can't deviate into trade credits and such other things in Section 24. f. Existing structure referred to as Sanford Hut g. Proposing 3 bed rooms with 10 beds and being open year round. ocpe Minutes 511612017 Page 4 0111 DRAFT - SCHEDULED TO BE APPROVED ON 5/30/2017 h. Summer access is via County Roads with vehicular access; winter access; vehicular to Camp Bird and skVwalklsnowshoe from there. i. Off-grid power and OWTS system is required. Current status from the State of the Colorado is that the County can't approve a composting toilet if it has not received prior approval from the State of Colorado. Will still need to have an OWTS system, regardless of whether or not there is a composting toilet. j. Adjacent property owner notices and on-site posting will be executed prior to the BOCC hearing, per the OClUC. k. Castrodale summarized the application referrals and referral responses received for the application. i. Jeff Backes, GIS Administrator; map showing the avalanche paths that affect the access route. ii. CAlC noted substantial avalanche danger in the area. iii. Ouray Silver Mines; primary concern is avalanche danger. iv. R&B Superintendent; primary concern is winter access and avalanche danger. v. County Attorney; noted that no parking may occur on the County R.O.W. vi. County EMS - wants waiver that no guarantee of services vii. Mountain Rescue - Recue not guaranteed viii. Forest Service - Outfitter/guide license may be required. ix. Geological Service - needs to review in summer to access the site. I. Castrodale concluded with the following: i. Section 5.2E(2) of the land Use Code requires the applicant for a Special Use Permit to submit statements addressing the following: "The proposed use will not create undue danger in surrounding areas ... " It is Staff's opinion that both the proposed primary access route (CR-361, CR-26B, CR-26Z) and alternate access route (Richmond Trai~ would subject both the operators and any guests of the Bed & Breakfast to significant avalanche dangers. OCPC Minules 5/1612017 Page 5 of 11

~--- DRAFr - SCHEDULED TO BE APPROVED ON 513012017 Ii. Section 5.2E(7) of the Land Use Code states: "The proposed use is not located within anv area subject to identified qeohazards, Including rockfall areas, avalanches, ...". It is Staffs opinion that infonnation submitted by County departments and outside agencies, including the Colorado Avalanche Intonnatlon Center, clearly recognizes identified avalanche dangers along the primary access route and general avalanche danger along the altemate access route. iii. Finally, It Is Staff's opinion that it is not realistic or practicable to attempt to draft conditions to approval of the subject application, which would adequately address all the concems raised within this report, and thereby give prospective customers ot the B&B a reasonable assurance of safety. iv. For the reasons stated above, Staff Is recommending the Planning Commission forward the subject application to the Board of County Commissioners with a recommendation of denial. • Applicant Presentation 1. Eric Johnson & Susie Taylor gave a short presentation: a. Sanford hut initially built by Doug Sanford b. Have the opportunity to purchase properly and would like to operate a B&B. c. Thanked the land use department for their work d. Showed overhead with guiding principals e. Want to provide a service to all sorts of back-country users. f. New infonnation has come to light since the Staff recommendation was developed: I. Would like to remove the Richmond trail as a primary access route. Ii. Primary access via CR361 III. Shuttle from private area in town to parking area. iv. All guests and driver to have activated avalanche locator beacons. v. Radio contact will be available. vi. Restricted travel at high danger periods. OCPC MInutes 511612017 Page6O/11 DRAFT - SCHEDULED TO BE APPROVED ON 5/3012017 g. Noted the recreational statutes of the Forest Service, applicable in all 50 states: h. Discussed waiver and Liability releases have been modified per County Attomey comments. i. Responded to referral comments j. Agree to comply with the well permit k. Emergency response; feels the issues have been mitigated. I. Showed a draft operating agreement with the Ouray Silver Mines. m. Responded to concerns by the CAlC. n. Showed an overhead map with avalanche terrain. o. Responded to Staff conclusion & recommendation. Feels that they have modified the proposal to create a reasonably safe operation. p. Feels that it is a year round operation that can be operated in a safe manner. Hopeful to be able to create something special at the Sanford Hut. We really believe in this and think it can be something great for the people. • Planning Commission Questions to Staff & Applicant 1. Miller; who owns the land on the access route a. Johnson; Forest Service and private ownership b. Over the snow travel in winter 2. Miller; where are the helicopters going to land? a. Johnson; there is a great meadow that the helicopter can land in. No avalanche danger at the landing area. 3. Parker; is it sufficient to amend the application or should the application be withdrawn and reconsidered by Staff with the new information? a. Castrodale; County may look atlhings differenlly, but feels that the information with the referrals is still valid. b. Whitmore; it is always appropriate for an applicant to address the concems raised. Haven't proposed a different type of operation. Amendment is being used as a loose term, but the changes are being proposed to address the issues raised by Staff. 4. Parker; how can we know whether the concems of the County have been satisfied based on the changes proposed tonight?

OCPC Minutes 5/1612017 Page 7 0/ 11 DRAFI' - SCHEDULED TO BE APPROVED ON 513012017 a. Whitmore; PC can certainly ask if the changes have made a difference in the opinion of Staff. 5. Parker; you are abandoning the idea of a composting toilet until the State can approve one? a. Johnson; that is correct. 6. Parker; are you getting any over the snow easements? a. Johnson; no, we're not anticipating a need for that. Cannot speak with much expertise on that. b. Johnson; operating a bed and breakfast only & not operating a guide service. Any activity beyond the B&B by our guests is their responsibility. 7. Parker; how can you verify the location of everyone? a. Johnson; shuttle between mine and B&B 8. Parker; asked for confirmation on the numbers associated with the B&B? a. Castrodale; read the definition of B&B and noted that this operation proposed 3 bedrooms with 10 totai beds. 9. Miller; will the well flow in the winter time? a. Johnson; yes. 10. Carr; concemed with the additional resources required by EMS, the County, etc. Feels that these services are being overburdened for this operation; if there is an emergency, our EMS department will respond? 11. Miller; could you operate just in the summer season? a. Johnson; no, it needs to be year-round to be sustainable. 12. Miller; willing to restrict snow-mobile use? a. Johnson; no, it's a prudent method for stocking and extrication if there is an emergency. 13.Miller; how to you verify that your users are experienced back country skiers? a. Johnson; would simply stress the type of operation and if the clients don't have the expertise, they should hire a guide. 14. Parker; under the undue danger in the surrounding area, do the changes alter your opinion about undue danger? a. Castrodale; No. Doesn't feel that he has the ability to guarantee safety if conditions are met. lS.Jackman; any other activities?

OCPC Minutes 511612017 Page 8 of 11 DRAFT - SCHEDULED TO BE APPROVED ON 5/30/2017 a. Johnson; hiking, biking, hunting, etc. 16.Jackman; existing winter use? a. Johnson; yes, some backcountry skiers use it today. 17.Jackman; travel method between mine and B&B? a. Johnson; skiing or snow-shoes. 1B.Jackman; helicopter access possible? a. Johnson; would welcome it; landing spot Is about 100 yards from the B&B. 19.Jackman; where does helitrax land? a. Johnson; further up Richmond Basin Road. 20.Jackman; how much winter traffic from OSM? a. Castrodale; doesn't have that info. 21. Jackman; how much of this happens on federal lands and is that something that we should be concemed with? a. Whitmore; Forest Service can adequately regulate recreation on federal lands. b. Planning Commission could address crossing of private property with out permission 22.Jackman; how much of the access is across private road? a. Johnson; patchwork of federal and private along county road. b. Whitmore; access along the county road is okay. 23. Miller; any fire mitigation? a. Castrodale & Whitmore; would potentially be addressed at time of Site Development Permit or Building Permit. b. Johnson; no open fires. 24.0rgren; how to you get your building materials up there? a. Johnson; it will be challenging & will likely take two years. • Public Comment 1. Eric Jacobsen; interesting project. Lived at Bridal Veil Falls power station. Discussed how avalanches get started. Heli­ skiing isn't regulated by the County and is much more dangerous than the B&B. Hwy 550 implicated by avalanche paths too, and is just as dangerous. OSM has employees that must access the property, but you're treating Johnson's clientele differently. Other counties have huts, this isn't a unique thing. People are skiing back there already & Eric is simply providing a warm place to stay. The ice park was a OCPC Minutes 5/1612017 Page 9 of 11 DRAFT - SCHEDULED TO BE APPROVED ON 5/3012017 cooperative agreement with the County and there has only been one death in 25 years. Good operation for Ouray County. Personal choice to participate in this activity & County shouldn't be regulating to this level. 2. Bob Kingsley; Owner of an existing hut. Referenced the drawing on the white-board. Clients stay put if the avalanche danger is high and can get a credit if they can't get to the hut. Referenced map in the Applicant's map and noted that there is only one location of strong avalanche danger. Safest route Is to follow the road, for the most part. Richmond Pass route Is not as safe as the route proposed by the Applicant. Ice climbers already using camp bird road. Irs a viable business. Compostlng toilets aren't necessary, but are simple for this type of business. Guiding is never required at the hut systems around the world. Discussed a rescue operation at his hut, and encouraged applicant to clear a spot directly next to the hut. Motor vehicle access is not viable. 3. Nate Disser; owner and operator of San Juan Mountain Guides in Ouray. This is a reasonable proposal. Has been a guide for quite some time and we take people back­ country skiing in Richmond Basin. This operation would increase the opportunity to recreate in the basin and in many ways safer than it is today. Not uncommon, and usually expected, to encounter avalanche terrain. We have an excellent track record of safety. Would love to see more of this activity in Ouray County. Thinks the risks can be managed for this operation. Backcountry skiing has been on the increase in the last 10 years. 4. Bob Kingsley; winter season Is 6 months, summer season is 3 months. 3,000 guests. 5. Mike Pennings; pointed out the folks speaking are the experts and have more experience with the hazards than anyone sitting at this table. Seems ironic that such restrictions are imposed on travel to a place where there is probably a higher risk. 6. Eric Jacobson; Ice park had a requirement to purchase a fishing license or rescue card. That could help pay for rescue. 7. Public Comment closed at 8:10. • Planning Commission Deliberation 1. Parker noted that it is getting late and wanted to get an idea on how late everyone was willing to stay. a. Could get a straw vote on whether the new information has satisfied the concems. b. Could allow staff to draft conditions. OCPC Minutes 511612017 Page 10 of 11 DRAFT - SCHEDULED TO BE APPROVED ON 5/3012017 2. Planning Commission and Staff had a discussion about how to proceed.

(Planning Commission took a short recess)

Jackman; discussed with the Land Use Staff and the County Attomey during the recess and H was determined that the Planning Commission should not split the deliberations into two differenl meelings. It was decided to continue the meeling to May 30 at 5:00 PM. Parker asked staff to consider appropriate conditions if the result of deliberations is a recommendation of approval. Castrodale noted that he can provide a list of condilions, but Staff will not likely be changing their recommendation because they can't play in the gray areas. Whitmore reminded the Planning Commission that they are continuing the application for a quasi-judicial proceeding. The members shall not discuss the application amongst themselves or the applicant until the conlinued hearing. MOnON: Parker moved to continue the hearing to May 30 at 5:00 PM. SECOND: Miller seconded the motion. DISCUSSION: None VOTE: All in favor & the motion passed unanimously 5. Adjoum Regular Meeting 1. MOnON: Parker moved to adjoum the regular meeting. 2. SECOND: Miller seconded the motion. 3. DISCUSSION: None 4. VOTE: All in favor & the motion passed unanimously

Submitted By: Approved By: - ~~anSam~ ~~m~( lli " ,~ Chair

ocpe Minules 5/1612017 Page 11 0111 DRAFT - SCHEDULED TO BE APPROVED ON 5/3012017 MINUTES OURAY COUNTY PLANNING COMMISSION REGULAR MEETING & WORKSHOP May 30, 2017 5:00 - 7:00 p.m. (appx) Meeting held at the Land Use/Road & Bridge Offices, Conference Room 111 Mall Road, Ridgway, Colorado Attending:

pc: Miller, Jackman, Parker, Orgren, Williams Staff: Sampson. Castrodaie. Whitmore Absent: Carr

Note: These minules ere "aclion only" (ormel & ere nol intended to be e transcription o( the hearing. Comments are abbreviated and oaraphrased. If (urther deteil is needed. vou mey requesl a recording o( Ihis meetino (rom the Ouray County Land Use Departmenl.

I. Call to Order - Regular Meeting of the Ouray County Planning Commission (5:05 p.m.)

1. The Planning Commission reconvened a continued hearing from May 16th regarding a Special Use Permit Application to operate a bed and breakfast operation on the Hoosier Girl Mining Claim. • Chair Williams noled thai she was absent at the last meeting but had read all the materials and listened to the recording of the previous meeting. She is prepared to vote in the case of a tie, but will not participate otherwise. • Parker noted that there were several public comments submitted after public comment had been closed, and asked if they should be considered. • Whitmore; no, any public comment received after the public comment period should be forwarded to the BOCC, but not considered tonight by the Planning Commission. • Castrodale asked the County Attorney if there was any liability to the County • Whitmore; there may nol be a clear yes or no answer, but there is no case law on point. Colorado Governmental immunity Act would likely relieve the County of liability. • Parker asked if Staff would be recommending denial if this operation was restricted to summer use only. • Likely not. Staff could reverse their recommendation to the BOCC based on new information.

OCPC Minutes 513012017 Page 1016 DRAFT - SCHEDULED TO BE APPROVED ON 513012017 • Caslrodale noted language Sections 5.2 and noted that there had been testimony slallng thai there is no hazard area at the location of the 8&8 structure. • Parker asked If the access was an Issue on any previous SUP? • Castrodale; Not that he could recall. • Jackman; the Applicant is requesling a 8&8 for sleeping in a cabin. Not asking for approval of guiding services. So we're concerned with whether or not people can safely get to the cabin. It's not our responsibility to ensure 100% safety. The backcountry activity is there today; one could argue that the B&8 makes the existing activity safer than it is today. • Orgren agreed with Jackman. • Parker; if the applicant was not dealing with a 8&8, but was looking to build an addition, we would not deny him the permit on the basis of avalanche chutes. Having trouble with requiring a higher bar for a commercial operation. • Castrodale; SUP process is there for the County to review access and public safety. • Parker; the silver mine accesses their operation and we encourage it. • Whitmore; another distinction is that the sHver mine has a County indemnification clause. • Parker; if Mr. Johnson were to do something similar, would II add another layer of protection to the County? • Whitmore; Yes and elaborated on the agreement with the silver mine and similar legal situations. The Issue Is Sid party lawsuits (clients of the 8&8), more so than the Applicant suing the County. • Jackman; asked if the risk of litigation driving ski areas out of business was the basis for the ski area statutes in Colorado. • Whitmore agreed. • Parker; if we have a separate indemnification agreement it seems to mitigate much of the risk to the County. We already have a lot of activity in the backcountry with no oversight whatsoever. Parker read Section S.2E2. The danger does exist and has existed. This use Is not creating the danger. The avalanche danger could expose participants to the risk, but not the 8&8. • Jackman; If there was an avalanche while there are skiers in the backcountry, the access back to town may be risky. This proposed B&8 may give them a safe haven to take shelter until the risk level Is reduced.

OCPC Minutes Sl3aJ2017 Page 2 DI6 DRAFT - SCHEDULED TO BE APPROVED ON 5/3012017 • Parker noted that the LUC states that a mitigation plan may be submitted. There are risks but the applicant could submit a mitigation plan, and has already proposed many mitigation methods. Applicant has made a good faith based effort to mitigate the hazards. • Castrodale; if you want to recommend approval, Staff has no way to ensure that the beacons, radios, etc are being utilized. Noted that a possible condition could be that the Applicant is responsible for ensuring safe and legal access. • Parker noted that there was protocol for 10th mountain division huts, and that it would make sense if the Applicant did something similar. • Jackman; asked if we should use "reasonably safe" instead of just "safe". • Whitmore noted that the immunity act has a few exemptions, like a road that has a known dangerous condition. That exemption has been narrowly interpreted to this date. The indemnification could take care of that Issue. • Jackman asked who owns the ice park in Ouray • Whitmore; some of it is County owned, some is City owned. County has an indemnification clause for that operation too. • Miller; concemed primarily with County liability, but It does seem like this operation would provide a shelter if there was a back country incident. Asked if the clients were to sign all the waivers, does that mean they give up their right to sue? • Whitmore; it depends, but it certainly helps the County's position. Goal is to stay out of court because it's hard on resources, but the County would not likely lose a potential lawsuit. • Miller; noted that avalanche danger can exist in the trees. Seems like there could be a risk involved if the SUP is approved, but it does not seem like there is a leg to stand on to deny. • Parker; Section 5 says we will consider Master Plan; the goal of the master plan is economic development and tourism. The Master Plan goal cites outdoor winter recreation. We should be able to draft conditions to protect the county, and still support the master plan by recommending approval. • Jackman; #7 says that if they sell the business, they must have approval of the BDCC to sell. Why is that? • Castrodale; the thought was that if there is an agreement with the current applicant, it would give the county the opportunity to ensure that all of those agreements are updated.

OCPC Minutes 513012017 Page 3 of 6

------~------~ DRAFT - SCHEDULED TO BE APPROVED ON 5/3012017 • Jackman; #10 restricts them to 5 parking spaces? Why is that? • Castrodale; 5.2E9 states that the use Is compatible. More than 5 mayor may not be compatible in the area. Subjective provision. • Jackman; #13 says that it is Issued for a period of 3 years? • Castrodale; two has been pretty standard but the Applicant has stated the long construction schedule, so he had recommended 3 years. • Johnson (Applicant); seems like it would be fair to grant a 3 year approval from the date of Certificate of Occupancy. • The Planning Commission discussed possible conditions to approval. • Vote • MOTION: Parker moved to forward the application for SUP application for a B&B on the Hoosier claim with a recommendation of approval, with the following conditions:

1. The approval of this Special Use Permit does not guarantee approval of any High Alpine - Site Development Permit, or Building Permit, which Is required prior to the Applicant commencing with the proposed use and/or site construction. 2. Applicant may not proceed with the proposed use until a Certificate of Occupancy (CO) has been issued by the Land Use Department for the proposed residential structure. 3. The Applicant shall obtain a septic permit from the County and install an OWTS system that compiles with all State and local regulations as well as all conditions listed on Well Permit No. 304457. The Applicant may install a State approved, and County permitted compost toilet but this wiD not reduce the size of the required OWTS. 4. No parking is allowed In the County right-of-way. The Applicant has read, understands, and shall comply with the Winter Road Policy - Resolution 2016-019. 5. The release of liability and waiver proposed by the applicant shall be revised/amended per the language recommended by the County Attorney and Is required to be signed by any guests of the 8&8. 6. Prior to issuance of the Special Use Permit, Applicant(s) shall be required to sign an indemnification agreement prepared by the County.

OCPC Minutes 5I30I2017 Page 4 016 DRAFf - SCHEDULED TO BE APPROVED ON 5/3012017 7. At time of booking, any/all guests or visitors must read and sign the release of liability and waiver document. 8. Any sale or transfer of the business (B&B) shall require approval of a Special Use Permit - Amendment, by the Board of County Commissioners. 9. Owner/operator of the B&B shall comply with all State and Federal regulations, including the potential requirement for issuance of an outfitter and guide permit from the US Forest Service. 10. All trash and bear attractants shall be kept in bear­ proof containers or in a locked building/structure. 11. The B&B shall include not more 6 parking spaces with 1 space being wheelchair accessible per ADA requirements. 12. If excessive damage to County roads (361, 26-B, 26- Z) is found to be caused by guests, visitors, or the Applicant of the B&B. The Applicant may be subject to impact fees or required to enter Into a cooperative road maintenance agreement. 13. The subject residential structure and surrounding land area shall be properly maintained at all times. 14. The Special Use Permit is issued for a period of 3- years from the date of issuance of the Certificate of Occupancy. 15. The Applicant shall provide reasonably safe and legal access to the Bed and Breakfast facility. 16. The Applicant shall execute a memorandum of understanding regarding winter access with all applicable parties, including the County.

• SECOND: Miller seconded the motion. • DISCUSSION: None • VOTE: A vote was taken and the motion passed unanimously. a. Williams abstained from the vote

2. Request for Approval of 5/16/2017 Minutes • MOTION: Miller moved to approve the minutes of 5/16/2017. • SECOND: Parker seconded the motion. • DISCUSSION: None • VOTE: All in favor & the motion passed unanimously ocpe Minutes 513012017 Page 5 of 6

------DRAFT - SCHEDULED TO BE APPROVED ON 5/30/2017 a. Williams abstained from the vote (The Planning Commission took a short recess to allow Staff time to prepare the minutes)

3. Request for Approval of 5/30/2017 Minutes • MOTION: Parker moved to approve the minutes of 5/30/2017, noling changes to Carr and typographic. • SECOND: Miller seconded the motion. • DISCUSSION: None • VOTE: All in favor & the motion passed unanimously 4. Adjourn Regular Meeting • MOTION: Miller moved to adjourn the regular meeting. • SECOND: Jackman seconded the motion. • DISCUSSION: None • VOTE: All in favor & the motion passed unanimously

Submitted By: Approved By:

IJAgpl!jcU)~~~ Sheelagh llama Chair

oepe Minutes 513012017 Page 6 01& APPLICANT SUBMITTED APPLICATION MATERIALS *~CC~\E.t:) : s \<~ \\1 -\J\,c.

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Parcel #6: lyi61= -l ' ~-ttJ-~ob Site Address: ___ __t'-"_ dJr.JI.f!r.UJd...... ~ ..J2?~6u:B~_ City: ______ZipCodc: ______Legal Description of Property: QIr. Sections: Section: -a 6 Zone: I t-s.a;",=J':l.r"...::;Uadr=:o;;;U;::"="'=I- Town: 1(3 Range: Rm:ilf., SubdivisionNamc: ______Filing: &\$!IS-I Lot NamelNumber. Iloo Siel 6':, IDim:tioDS to jDb site Iiom nearest County Road: __ iJ.ffCQ'i '...,aMy • £m;/e. vf 1S ;':""' 14.1 PeLs!. rJ ·l 'J.'6) rl'b.n tHowfo'! e IMj.t(.

Owncr(s) Name: ~i ~~ ~J~In.$,G I~", MallingAddress: iU.\~ #A City/STlZip: t/NSJ."",,7J . Phone: 3()3-'n~ Iff'O Email Address: ER,c.. 'j. E [email protected] ' irJtJ/f

AuthDrizedAgcnt'sName: £ 6.: :loh", soY' I 'S",s~e.T4"(O r Mailing Address: Po.. be¥. 3013 City/STlZip: elk ~p~s. I co. Roo~ Phone: 10 J-6s:6 - I(5"Q Email Address: e c:C .j J e/do "91"4' ." . (ow.

BrlcrDescrlption or Request (sec JCIjllu"menlS on reverse Drib;. (onn): f9 c

I mtify lhI1llm lite landowner or an asc:nllu1hcri=l by !he llndowner and 1m heRby malrin, Ipplialion for IPP"'.. t or III. lbove "'quOSl. I rwther understDnd lllal ir "'e.. are Oltlenuatlng dn:umslllnccs .0...... 1ng "'is .ppllcldon, th .... may be Iddl~onal r... mluin:d to process my application, and lllallbe County will advise me Dr IddiuoDAI fees and ....iv. my 'ppro.. l befo", proceeding with my Ipplicoli ... I hcn:by certilY Iball hAv. n:tId this application complelCly and that all information provided is .Om:cl to Ibe best of my knowlcdlle. Allllws. n:guIaUo ... and ordinanees goveming the $C1IPC of 1hc projecl .onl.mplalcd by this appli.. lion wUl be complied with, whether or nol specifically described wi"'ln .his application. I unde"nand Ibll providing f.lsc or misleading • infotmAdon may ...... 11 in auy permil(S) Issued bclug ~okcd. Th. ~tinG of. pcnnll docs 001 presum. 10 give authority to viola •• or aocel the provisions of ...y other SIIIle Dr local law "'SUlating !he scope orth. project .0nlCmpllled by this applicalio ..

I Wlden\lUld Ibll this application moy be open for public iaspcxtion IS rcquin:d by the Colorado Open Rc

fonn Rev. 5109 hcc l.r2 Authorization of Agent(s) for Application for Special Use Permit In Ouray County, Colorado

I, Douglas Glen Sanford, Executor of the Estate of Leon Douglas Sanford, as the registered property owner of the real property described as "MINE: RICHMOND­ MS 4739.85 Acres SNF; MINE: ~OSLEM - MS 4871.9 acres 3/16 interest in 10.13 acres; UNC MINE JAPAN - MS 46110.33 acres UNC S: 26 T: 48 R: 8; S: 26 T: 43 R: 8 MINE: HOOSIER GIRL - MS 4519.74 acres" (hereinafter referred to as "Property"), do hereby authorize Eric Johnson and Susan Taylor, whose address is 263 Eldorado Springs Drive, Eldorado Springs, Colorado, 80025, to act as agents on my behalf and take all actions necessary for the processing. issuance and acceptance of a Special Use Permit for Bed and Breakfast Operations for the Property.

Dougla Glen Sanford, Executor Estate of Leon Douglas Sanford

' NOTARY PUBLIC t\.*))KURT E SP AHRMANN ~~ Stale of Texas C, ,,,81U ... It _O [lip l " U t "" DEPARTMENT OF STATE HEALTH SERVICES VITAL STATISTICS UNIT

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,om.~ 1;:; '~~ !~ ~h ._,---- 1 ~l~- ~ i 1 ~ .-~ .. I ,. '''''''0' -- I ... "". ' orr STk."i STA-"iART COUNTY CLERK, HARRIS COlj}jTY, TEXAS PROBATE COURTS DEPARTMENT

In )'laner ofPrnbate i { Docket No. 451890 County Probate Court ~o. 2 { ( In the Estate of: Leoa Doagbs SAnford, I Deceased

LEITERS TESTAMENTARY

Know all men by these presents that it is pcreby certified:

1. On

2. On (k«)ber 04, 2016, said Independent Execulor qualirted as the Jaw rcqtIRs;

WitncS5 my hand and seal of said court,:It HOUSIOO., Texas, 011 October 04.2016.

(SEAL) Stan Stauart, Countj. eletk County Probate CoUrt No.2 201 Caroline. RDmri800 i~Pep Deputy oDnty C

P.O. SO. 1525 • Houston, IX 77251-1525. (713) 274-aS115

~ ~"- !-G2·m lil:v. C!l/16/2015) Letter of Intent to Sell Real Property

This letter dated January 24, 2017, certifies that Douglas Glen Sanford, as

Executor for the Estate of Leon Douglas Sanford, and who resides In Austin, Texas,

(hereinafter referred to as "Seller") intends to sell the real property described as:

"MINE: RICHMOND - MS 473 9.85 ACRES SNF MINE: MOSLEM - MS 437 1.9 ACRES 3/16 INTEREST IN 10.13 ACRES; UNC MINE: JAPAN · MS 461 10.33 ACRES UNC S: 26 T: 43 R: 8; and

S: 26 T: 43 R: 8 MINE: HOOSIER GIRL - MS 451 9.74 ACRES," (hereinafter referred to as "Property"). to Eric Johnson and Susan Taylor, who reside at 263 Eldorado Canyon Drive, Eldorado

Canyon, Colorado (hereinafter referred to as "Buyers"), providing all legal conditions of the sale are satisfied. The Property comprises a total of 31.82 acres.

Dougla len Sanford, Exe Estate of Leon Douglas Sa Form No. OFFICE OF THE STATE ENGINEER GWS-25 COLORADO DIVISION OF WATER RESOURCES B18 Cenlonnlal Bldg •• 1313 Shennan St. Denver. Colorado 80203 (303) B66-3581 LIC

WELL PERMIT NUMBER __-,3~044=5=!..!7 ___ .:..._---: DIV. 4 WD 68 DES. BASIN MD APPLICANT

APPROVED WELL LOCATION OURAY COUNTY 114 114 Section 26 ERIC JOHNSON Township 43 N Range 8 W New MeK P.M. PO BOX 3023 DISTANCES FROM SECTION LINES ELDORADO SPRINGS, CO 80025- Ft. from Section Une Ft. from Section Line (303) 656-1550 UIM COORDINATES (MetefS.Zone:13.NAD831 PERMIT TO CONSTRUCT A WELL Eesting: Northing: ISSUANCE OF THiS PERMIT DOES NOT CONFER A WATER RIGHT CONDITIONS OF APPROVAL 1) This wall shall be usad In such a way as to cause no malarial Injury to existing water rights. The Issuance of this permit does not ensure that no Injury will occur to another vested waler right or preclude another owner of e vestad waler right from seeking reUef In a c1v1 court action. 2) The construction of this well shall be In compliance with tile Wel.r Well Construction Rules 2 CCR 402-2, unle .. approvat of e variance has boon granted by the Stale Board Df Examiners of Water Wen Consiructfon and Pump Inslalatlon Conlraetors In lICCOIdance with Rule 1B . 3) Approved pursuant to CRS 37-92-602(3)(b)(I) and tile policy Df the State engineer for appropriaUon of ground waler tribulaty 10 tha Uncompahgre River system. 4) The use of ground water from this weU Is limited to drinking and sanitary faell"1es a. described In CRS 37-92-602(1)(c), for 8 comma""al business. Water from this well shal not be used for tawn/landscapelg",anhouse Irrigetlon, domesl/c animaUlivestock welaring, or for any other purpose outside Ihe buslne •• building slructure(s). 5) The pumping rate ot thl. well shall not excead 15 GPM. 6) The amual amount of ground waler to be wlthdrewn by this weN shall nolexcaad 113 acra-toot (10B,600 gallons). 7) Approved as tile only well on a lract of land of 19.59 acre(s) described as tile Hoosier Girt Lode Mining Claim, U.S. Mlnerel Survey No. 451, Ouray County. B) The retum flDW from the use of this well must be through an Individual waste waler disposal system oflhe non-evaporaUve type where the waler Is retumed to the same slraam system In which the well Is located. 9) A lotallzlng flow meter musl be Installed on this well and malnlainad In good woridng order. Permanant records of all diversions must be IlHIlntalned by the well owner (recordad at least annually) and submllled 10 the Division Engineer upon requesL 10) Pursuant 10 Rule 62.3 of the Waler Wei Consiruction Rules, the well construction conlnletor shall submit the as-buill well location on work reports required by Rule 17.1 within 60 days ot completion otthe well. The measured Iocalion musl be accurate to 200 feet ot the acluallocation. The location information must Include 8 GPS location (UTM coordinates) pursuant to tile Division of Waler Resources' guidelines. NOTICE: This parmH has baen approved for a non-evapraUve waste waler disposal system that retums non-consumed waler to the same stream syslem In which the well Is located. You are hereby notified thet you have Iha right 10 appeal the Issuance of this perml~ by fiing a wriHen request with this office wllhln sixty (60) days ot the date of Issuance, pursuant to Ihe State Administrative Procedures AcL (See Section 24-4-104 through 106, C.R.S.) swk 0210312017 ilu 0210312017

APPROVED SWK Stale Eng01eer By Receiot No. 9403418 DATE ISSUED 02-03-2017 EXPIRATiON DATE 02-03-2019 As authorized agents of the owner ofthe Hoosier Girl, we, Eric Johnson and Susie Taylor, are submitting an application for the special use of Bed and Breakfast.

The Sanford Hut was built in 1983 by Doug Sanford and Andy Wage using logs from the property and traditional methods. The 500 sq. If cabin has been maintained and is in good condition. Given the approval of this application we would proceed with the purchase of the property, the purchase of the necessary mining claims to be used as trade credits, the Alpine Site Development permit and Building Permit(per section 24). Then construct an addition of 2000 sq./ft. to be our primary residence as well as a bed and breakfast. OUf plan to require guests to purchase meals satisfies the definition of Bed and Breakfast in Section 3 of the code. We meet the base line requirement of 35 acres with land that is under contract for purchase if this application is approved. The property has legal access as shown on the most recent survey and indicated on the site plan as Richmond Passl County Rd. 26Z. A permit to develop a near surface well on a spring at the site has been obtained from the Colorado Division of Water resources. An OSWTS will be designed by a licensed engineer. Electrical power will be from solar panels and limited use of propane will be utilized. We plan full adherence to the Visual Impact Regulations. The hut will not unreasonably affect wildlife or habitat nor is it subject to any geo-hazards. There is no known chemical or other contamination. The year round recreational character of The Sanford Hut is compatible with the community of Ouray and current uses of the surrounding land. We maintain that the material adverse effects on the surrounding area will be slight and incidental as many thousands of Jeep trips are taken through the area each year. The success of the bed and breakfast will depend on the eventual renewal of the special use permit if granted and maintenance of the property will be of paramount importance to the owners to help ensure such renewal. The parking needed will be available on our land off the county ROW developed in a low impact and innocuous manner. SECTIONS USES ALLOWED BY SPECIAL USE PERMIT

S.2 SUBMITTAL REOUIREMENTS: A completed Special Use Permit application form, together with any applicable information as described below, and the required fees, shall be submitted to the County Land Use Department at the time of application submittal: A. Applicants should review the definition for the proposed use in Section 2, Definitions, and demonstrate that the requested Special Use Permit meets the definition criteria. B. Existing conditions map. C. A detailed site plan which includes, but is not limited to, lot lines, easements, road access, all proposed and existing dri veways, parking areas and structures, all areas of significant vegetation and all ditches, ponds and waterways. Signature of owner(s) of all property, authorizing application and proof of ownership satisfactory to the County, and if land included in an application is leased to an Applicant, a current copy of the lease shall be provided. (Applicant may redact all proprietary or other confidential in/onnation.) D. If the operator of the Special Use Permit will be someone other than the owner of the property or the Applicant, the proposed operator shall be identified on the application. E. A detailed written narrative explaining the proposed operation or use that includes, at a minimum, statements addressing the following issues or concerns: (1) Description of proposed use. The Sanford hut is to be a unique backcountry Bed and Breakfast hut that is exemplifies sustainability and eco-consciousness. We believe this hut will be special given the incredible location in Richmond Basin, the historic and authentic nature of the main, hand built log cabin. We plan to be a year round operation that allows the skiers, mountain bikers, hikers, jeepers and hunters who already use this area a chance to slow down and connect to the beautiful environment. The Sanford Hut was built in 1983 by Doug Sanford and local Andy Wage using logs from the property and traditional methods. The 500 sq. If cabin has been maintained and is in good condition. This hut has a history of being used by backcountry enthusiasts. Given the approval of this application we would proceed with the purc1,ase of the property, the purc1,ase of the necessary mining claims to be used as trade credits" the Alpine Site Development permit and Building Permit (per section 24). Then construct an addition of 2000sqlft to be our primary residence as well as a 4 bedroom Bed and Breakfast. Our plan to

Section 5 - Uses Allowed by Special Use Permit Page lof5 require guests to purcllase meals satisfies tile definition of Bed and Breakfast in section 3 of tile code. We meet the baseline requirement of 35 acres. Mountain IIuts of all cllaracters are in IIigil demand across tile Mountain West and we feel our plan is sound. The project is expected to take two summers to complete before opening in tile fall of 2018. (2) The proposed use will not create undue danger in surrounding areas, will not cause water pollution and will not create unreasonable amounts of offensive noise, vibration, smoke, dust, odors, heat, glare or other objectionable influences beyond the boundaries of the property on which such use is located. (At tile discretion of the BOCC, a written plan may be required indicating methods to be used to minimize smoke, odors, dust and similar environmental problems, which might result from the operation of the proposed use.) Tile Hut will not be tile source of any additional danger in the surrounding basin. It will not be tile source of any objectionable influences as we plan to service people already using tile area.

(3) The proposed use has legal access; potable water, sewage disposal and all other utilities necessary to serve the proposed use. The property lias legal access widell can be shown on tile most recent survey and tllat is indicated on tile site plan as Ricllmond pass! County rd. 26Z. *Please see attaclled letter from Ouray County Department of Roads and Bridges superintendent Stepllen Caulking. We have a permit for an exempt, near surface commercial well that will develop a spring on tile property. The potability of tile water will be tested late in the first summer after run-off and if it is determined tllat it is untreatable a plan will be made to haul water to the sigllt. An OSWTS will be designed by a licensed engineer. Solar panels will supply power. Limited propane will also be used for cooking and hot water.

Section 5 - Uses Allowed by Special Use Permit Page 2 of5 (4) The proposed use will comply, if applicable, with the provisions of the Visual Impact Regulations found in Section 9 of this Code. As seen in the attached drawings of the structure, the earth toned color palette will blend with the forest. (5) The proposed use will not unreasonably impact wildlife or significant wildlife habitat. The hut will not have an additional significant negative impact on Wildlife or habitat sillce it will serve groups of users which are consistently present ill the area. (6) The proposed use will not alter, restrict, inhibit or interfere with historic irrigation practices, headgates, ditches and ditch rights-or-way. NIA (7) The proposed use is not located within any area subject to identified geohazards, including, but not limited to rockfall areas, avalanches, landslide, potentially unstable slopes, slopes greater than 30 percent, alluvial fans, colluvial slopes, talus slopes, shale, faults, expansive soils or ground subsidence. (If the proposed use is located with ill areas sllbject to the effects of geological hazards, the Applicalll shall presellt satisfactory evidellce that sllch hazards will be avoided. If avoidance is not possible, evidence shall be provided that hazards will be mitigated. The COllll1y lIlay require qualified professional geologic or engineering certification that the proposed lalld lise can be located or developed in a safe lIlallner.)

The existing hilt is not sllbject to any geohazard, beillg well ellsconced in old growth forest on relatively flat ground.

(8) The proposed use/property has no known chemical or other contamination. If the property is contaminated, a mitigation plan must be presented that would satisfactorily resolve the contamination. There is no knowlI chemical or other contamination.

(9) The proposed use is compatible with the community character and surrounding land uses within the area for which the request is being proposed. The recreational and environmentally centered character of The Sanford Hut is compatible with existing commllnity lise and surrounding land. The hilt will increase the level of connection to the mountains for many guests.

Section 5 - Uses Allowed by Special Use Permit Page 3 or5 (10) Statements addressing any potential material adverse effect on the surrounding area. It will have zero quantifiable adverse effect on the surrounding area. It is our intent to have as little impact as possible to the Richmond Basin area. (11) Statements addressing any possible impacts on existing infrastructure beyond what would be created by a use by right. (If potellliai impacts are idellliJied. evidence shall be provided that such impacts will be mitigated as provided by tlzis Section.) The hut will be self-contained, completely off the grid and servicing users already in area. There will be 110 impact to the county illfrastructure. (12) If the property/use is located within a Planned Unit Development, current letter from the Homeowner's Association approving the proposed use. The property is not located withill a PUD. (13) If located within a PUD, proof of notification that the HOA has been notified of an application and a statement that the use is not otherwise prohibited is required. NIA (14) Weed mitigation and/or revegetation plan shall be required if applicable. (May reql/ire meeting and Oil-site review by COl/lily Weed Mallager. We willllot introduce foreign weeds to the area and are attaching the counly weed management plan with which we will comply if any actioll is recommellded. (15) Additional information may be required as deemed appropriate by Staff for the specific application. As directed by Mark Castrodale this application is beillg submitted based 011 the illtent to satisfy all applicatioll requirements and we ullderstalld that approval of this would be provisional and contillgent upon both an approval of an Alpine Site Development Plan and Section 24 of the land use code as well

5.3 ADDITIONAL SUBMITTAL INFORMATION AND REOUIREMENTS: A. Cemeteries, Schools, Bed and Breakfast Operations, Churches, Commercial Equestrian Activities, Commercial Outdoor Recreation, Livery or Horse Rental Operations, Commercial Uses, Commercial Camping, and Guest Ranches, Historical Museums, and Wildlife Rehabilitation Facilities

Section 5 - Uses Allowed by Special Use Permit Page 4 or5 (1) Sufficient distance shall separate such uses from abutting properties, which might otherwise be damaged or diminished in value due to the operation of the proposed use. The hut is removed by sufficient distance from all other properties that could be diminished or damaged in any way. (2) The proposed uses will be properly maintained. The owners will have a very primary concern to maintain the property in top condition because we care for the environment and in order for our guests to have the best possible experience. Vehicle traffic to and from such use will not create hazards or nuisance. The relatively few additional vehicle trips to Richmond Basin are not foreseen to have the ability to create hazards or nuisances. (4) Sufficient offstreet parking, as required in Section 7 of this Code shall be provided to accommodate the expected volume of users of the proposed facilities. We will define 6 parking spaces directly off the county ROW where CR26Z is on our land. It is our belief that these spots should be as low impact to the forest as possible. No Grading or in fill is needed. The location is flat and simple innocuous numbered wooden signs could be used to slightly disperse the spots. In the interest of good faith we would like to grant the county a formal easement of right of way through our property.

Section 5 - Uses Allowed by Special Use Permit Page 5 of 5 May 5, 2017

Re: Special use Permit, Johnson I Winter Access and Emergency plan

Health and safety are a top priority for Sanford Hut. From the t~me of summer melt off and the clearing of CR26A through November 30th or earlier if conditior?do not permit, the access to the hut will be from CR 26Z. When Camp Bird Road is closed for the season at the county sheriffs locked gate, the Sanford hut operation will adopt the travel policy of the Ouray Silver Mine. Protocol will also include daily communication with the mine and Helitrax so that we are mutually informed of mitigation efforts, road closure and skier locations. As recommended and prefered by OSM we will utilize shutOe vehicles from a designated private parking area in the Ouray area to Camp Bird. No vehicles related to Sanford hut will ever remain parked on Camp Bird road. During periods of high(red) avalanche danger no access or departures would be allowed to or from Sanford Hut. We would offer guests unable to reach the hut due to this policy a credit for their stay to be used at a future date and guests held over at the hut would be accommodated for free ..http://avalanche,stale .co.us/

It is agreed to by the Sandford Hut owners that for both periods of operations at the Sanford hut response to emergencies would be subject to this plan:

• The first call made on any emergency will be made to 911 and we will defer to the Sheriff and Ouray county SAR as how to best proceed. • It is understood that the first rule of first responders and rescue operations in general is that it is voluntary and imperative to make sure the scene is safe and no rescuers are put into danger. • There is no expectation that Ouray SAR or EMS will respond to emergencies related to the Sanford Hut. • This waiver of emergency services will be shared with and signed in acknowledgement by all guests.

We have a liability release that will be a requirement for guests to sign. Please see attached. There is ample safe backcountry skiing terrain in the area around the hut. We are marketing to avid backcountry ski enthusiasts and advise anyone not comfortable with backcountry safety protocol in avalanche terrain hire a professional mountain guide. There are many huts of this nature operating around the country and the world, including a similar model in San Juan County near Ophir Pass. Guests of the Sanford Hut will not represent a new user group in the backcountry in general and also this area in particular as winter backcountry travel is well established in the county.

~-- May 9. 2017 RE: Operating Agreement between Sanford Hut and Ouray Silver Mine

Eric Johnson and Susie Taylor. owners of the proposed Sanford Hut. and Ouray Silver Mine (OSM). represented by Brian Briggs. agree to the following terms with regards winter operations for Sanford Hut.

1. Sanford Hut will pay a fee of $50.00 to OSM per shuttle trip up CR 361 past the locked gate at Senator Gulch to Camp Bird in order to contribute to the expense of avalanche mitigation and road clearing efforts. 2. OSM travel policy will be included in Sanford Hut booking information and winter guests will sign an acknowledgement of having read and understood the policy. Sanford Hut will review procedures with their guests prior to departure from Ouray in a 4x4 shuttle with chains if necessary. A beacon check will be conducted and signed waivers collected. Radio contact with OSM will be made before entering the avalanche zone and again after reaching the safe zone. Efforts will be made to coordinate trips up and down the road with other mine vehicles when possible. 3. Sanford Hut will follow daily OSM radio communications and participate when appropriate to assure that no guests are present during avalanche mitigation efforts or attempt to use Camp Bird Road during a county closure. 4. For the cost of the explosive charges used. OSM will control the slide path on US Mountain when conducting avalanche mitigation on other slide paths in the vicinity. Ouray Silver Mines, Inc. 1900 Main St. Unit 1 P.O Box 564 Ouray, CO 81427

51LVER 1Vl,/l\E51

Memo To: Brian K. Briggs, OSMI CEO Eric Johnson, Sanford Hut B&B Susie Taylor, Sanford Hut B&B From: Crystal Fletcher, OSMI Environmental Engineer Date: May 24, 2017 SUbject: Memorandum of Understanding (MOU)

Please find attached to this cover letter a copy of the Memorandum of Understanding (MOU) between Ouray Silver Mines Inc. and Sanford Hut Bed and Breakfast, regarding winter road travel/access of Ouray County Road 361 and admittance beyond the locked gate at Senator Gulch. Upon review of the MOU following, the OSMI CEO and Sanford Hut Bed and Breakfast owners Eric Johnson & Susie Taylor will affix their signatures indicating agreement to all conditions as stated.

Any edits/changes by either OSMI management or Stanford Hut should be tracked and sent via email until a version can be agreed upon and the final signed. This agreement should be reviewed prior to the gate closure by the Ouray County Sheriff every fall .

This is a DRAFT MOU ONLY and final signing will require legal review by both parties, on an as­ needed basis.

Regards, Crystal Fletcher

MEMORANDUM OF UNDERSTANING BETWEEN t Phone: (970) 325-9830 • Fax: (970) 325-9824 Sanford Hut MOU

OURAY SILVER MINES INC. AND

ERIC JOHNSON AND SUSIE TAYLOR, OWNERS OF THE PROPOSED SANFORD HUT

WHEREAS Ouray Silver Mines Inc. (hereinafter referred to as OSMI) is an Ouray County mineral extraction company which operates year-round and has secured agreements and applicable bonds to maintain winter access of County Road 361 (hereinafter referred to as CR 361) beyond the Senator Gulch Gate to OSMl's Permit Boundary on County Road 26 (hereinafter referred to as CR26); and

WHEREAS OSMI manages all applicable winter road maintenance and avalanche mitigation from Senator Gulch on CR 361 to OSMI Permit Boundary on CR26; and

WHEREAS OSMl's goal is to promote appropriate understanding of terrain and travel routes, safety procedures, proper use of equipment, notification of changing conditions, as well as rescue and evacuation options while traveling along CR 361 during the winter season; and

WHEREAS OSMI has developed an Alpine Safety Winter Operating Plan for it's employees, agents, contractors, vendors and all other pre-approved individuals with reason to travel between Senator Gulch and OSMI's mine site to help mitigate the dangers ofCR 361. The information and knowledge of the hazards along CR 361 with the addition of the Travel Policy is imperative for the safety of all involved. and

WHEREAS Eric Johnson and Susie Taylor, owners ofthe proposed Sanford Hut (hereinafter referred to as Sanford Hut) propose to operate a year-round bed and breakfast that will serve outdoor enthusiasts in the San Juan mountains of southwest Colorado; and

WHEREAS access to the Sanford Hut requires travel from the Senator Gulch Gate to the Camp Bird Mine Site. Sanford Hut wishes to come to an agreement whereby cliental may be shuttled beyond the gate to the Camp Bird Mine where they will then access the Sanford Hut on fool.

THEREFORE, in order to come to an agreement on Sanford Hut shuttles and cliental accessing CR 361 in route to Camp Bird Mine during the winter months amidst the gate closure, OSMI and Stanford Hut agree to the following terms with regards to winter operation of the Stanford Hut.

I. Sanford Hut will pay a fee of $50.00 per Client to OSMI per round-trip shuttle traveling up CR 361 past the locked gate at Senator Gulch to the Camp Bird Area. This fee is paid in supportof road clearing efforts made by OSMI along CR 361. Shuttle service is contracted by

2 1P age Sanford Hut MOU

Sanford Hut and is independent ofOSMI, all applicable costs incurred by the shuttle service are the responsibility of Sanford Hut and do not impact the fee paid to OSMI.

2. Sanford Hut will pay all applicable explosive charges used in the avalanche mitigation of US Mountain. Mitigation of US Mountain includes Avalanche Numbers 16, 17 and 18- referred to on OSMI Avalanche Atlas Travel Map (CR 361 & 26 Corridor). Mitigation of US Mountain will occur during OSMl's required avalanche mitigation on other slide paths in the vicinity. All applicable air time during the US Mountain mitigation will be paid by Sanford Hut on a pro-rata basis as supplied by Helitrax .. Air time is expected to not exceed 10 mins.

3. A copy of the Alpine Safety Winter Operating Plan as well as OSMl's Travel Policy will be included in Sanford Hut booking information and winter guests will sign an acknowledgement of having read and understood the policy. a. Sanford Hut will review procedures with their guests prior to departure from Ouray in a 4x4 shuttle with chains, if necessary. b. Per OSMI Travel Policy, each client will wear an approved avalanche beacon (purchased by Sanford Hut) and checks will be conducted by a Sanford Hut designee. c. Signed waivers will be collected and copies retained on file as needed by Sanford Hut.

4. Sanford Hut will follow daily OSMI radio communications and participate when appropriate to assure that no clients are present during avalan£he mitigation efforts or attempt to use Camp Bird Road during a county closure by the Ouray County Sheriff. a. Radio contact will be established with OSMI and will be made before leaving the Senator Gulch gate and again after reaching Camp Bird. Radios to be purchased by Sanford Hut to communicate with OSMI on an as needed-basis. b. Efforts will be made to coordinate trips up and down the road with other mine vehicles when possible being mindful to stagger vehicles for safety. Sanford Hut Cliental will travel only in shuttles provided by Sanford Hut. c. Ifany terms listed above are violated, this Memorandum of Understanding (hereinafter referred to as MOU) will become null and void. OSMI and Stanford Hut reserve the right to re-evaluate the efficiency of this MOU at any time. OSMI will be represented in this MOU by Brian K. Briggs, CEO and Sanford Hut will be represented in this MOU by Eric Johnson and Susie Taylor, owners of proposed Sanford Hut; all parties, by signing this MOU, agree to the terms herein with regards to winter operations for the Sanford Hut.

3 1P age Sanford Hut MOU

Ouray Silver Mines Inc.

By Brian K. Briggs (CEO, OSMI)

Sanford Hut

By Eric Johnson (Co-Owner of Proposed Sanford Hut B&B)

Sanford Hut

By Susie Taylor (Co-Owner of Proposed Sanford Hut B&B)

41P agc January 25, 2017 Attention, Ouray County Land Use Department

Re: Proposed B&B,'Sanford Hut", verification of haat source and description of waste disposal plan

The Sanford hut will be heated with two modem double combustion wood stovas and a secondary system of radiant floor heat will rely on a tanldess electric unit powered by solar energy. Propane will use at the hut will be for minimal use in kitchen applications and will depend on a number of sma. portable tanks that wHl be lilled prior to the winter road closure and stored in the garage.

The Sanford Hut as part of lis Eco-based mission statement will work to be as close to zero waste as possible. Near zero waste means fimiling of any extraneous waste whether It be from packaging, poor planning, poor usage to a bare minimum. The storage of any accumulated recyclablas, compostables and landfilillems will occur within the confines of the garage In containers that have light lids to limit any odor. During the period when the road is open the owners will haul these materials to the appropriate locations in their personal vehicle. Owners and guests alike wlU be expected to carry trash out with them on every trip.

Eric Johnson Susie Taylor February 28. 2017

RE: Removal of accessory slructure on Hoosier Girl. Johnson S.U.P.

To: Ouray County Land Use Department. Alln. Mark Castrodale

In addition 10 the cabin on the Hoosier Girllhere is a small shack thai was put logether al the same time for the former owner and his friend 10 stay in while they worked on the cabin. II is falUng down and of no value. We (Eric Johnson and Susie Taylor) plan to remove this structure before applying for a building permit on \he addition to \he main cabin end not have an accessory buDding on the property Iherefore allowing for the construction of a 300 sqllt garage attached 10 the main dwelling.

Eric Johnson Susie Taylor

------January 27, 2017 RE: parking agreement for Eric Johnsonl Sanford Hut.

I, Michael Pennings, who owns and resides at 227 Dallas ct, Ridgway,Co., 81432, agree to allow the needed parl

Michael Pennings, Jt.,---A_- •

SANFORD HUT AND OURAY COUNTY WINTER USE WARNING AND ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS,

In consideration for my being permitted by the Sanford Hut LLC and Ouray County, to stay in the aforementioned hut, I acknowledge and agree to the following waming, waiver, release and indemnity. I acknowledge that skling and wilderness travel in the winter have inherent risks, hazards and dangers for any skler/traveler, that cannot be eliminated, particularly in a wilderness environment in mountainous terrain. I understand that these risks, hazards and dangers Include without limitation:

(1) Risks arising from skiing/traveling in areas that are not patrolled, where snow conditions vary, are unpredictable and change, where objects are not marked and hazards may not be visible, where slopes are not groomed, maintained or controlled, where weather is changeable and unpredictable and where avalanches occur;

(2) Risks involved in decision making and route finding in a wilderness environment in mountainous terrain; and risks of getting lost and of not reaching the hut;

(3) Risks arising from travel and overnight stays at altitudes ranging from 8,000 feet to 11,700 feet above sea level including without limitation, acute mountain sickness, high altitude cerebral edema, high altitude pulmonary edema, and other effects of altitude and altitude-related sickness;

(4) Risks arising from the use of a remote hut with limited communication systems in a wilderness environment in mountainous terrain;

(5) Such other risks, hazards and dangers that are integral to the sport of skiing and to skiing and wilderness travel in the winter in a wilderness environment in mountainous terrain.

(6) I understand,acknowledge and agree that emergency response, including search and rescue and emergency medical services,to address any injury from skling or other activity in the high mountain terrain where tlie hut is located, or resulting from avalanche, snow movement, rock slides, or other natural hazards may be delayed or not available, and that I may suffer permanent injuries or death as a result of the lack of such services, and fully waiver and release Ouray County, its employees, agents, elected officials, volunteer emergency responders and Mountain Search and Rescue from any and all claims arising from my presence in the wilderness and mountainous terrain, all activities in which I participate, and aU liability for ordinary negligence or gross negligence, including any negtigence that might be alleged for the approval of the application for a bed and breakfast operation in this location. ___ please initial ,

I have read the information provided to me by the Sanford hut through my group leader concerning the use of the Sanford Hut. I also acknowledge that The Sanford Hut and their staff have been available to more fully explain to me the risks, hazards and dangers of skiing, winter travel and use of the Sanford hut. I understand that skiing/traveling to use the Sanford Hut in a wilderness environment in mountainous terrain may require good physical conditioning and a degree of skill and knowledge different from other types of skiing/traveling. I understand that I have responsibilities as a skier and backcountry traveler in the winter. I am voluntarily using the Sanford hut with full knowledge of the inherent risks, hazards, and dangers involved and hereby assume and accept any and all risks of injury, paralysis or death. ___ please initial

SANFORD HUT AND OURAY COUNTY WINTER USE WARNING AND ACKNOWLEDGEMENT OF RISK, RELEASE OF UABILITY AND INDEMNITY AGREEMENT

Page 2

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

Lastly, I, for myself, my heirs, successors, executors and subrogors, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS THE HUT OWNERS. OPERATORS and OURAY COUNTY, their directors, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys' fees) and ORDINARY NEGUGENCE OF ANY KIND OR NATURE, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my traveling to or from Sanford hut or the use of their information services and skiing and traveling in a wilderness environment in mountainous terrain, whether such damage, loss, injury, paralysis, or death results from ORDINARY NEGUGENCE of the Hut Owners/Operators and Ouray county or any of them, their directors, officers, agents, employees and volunteers or from some other cause.

In the event I am a group leader, I agree to save and hold harmless, indemnify, and forever defend the Hut Owners/Operators and Ouray County, their directors, officers, agents, employees and volunteers from and against any claims, actions, demands, expenses, tiabilities (including reasonable attorneys' fees) and NEGLIGENCE made or brought by any member of my group or brought by anyone on behalf of said member, including minors, who has not signed, or had signed by a parent or guardian, and delivered to Sanford Hut a Sandford Hut Winter Use, Warning And Acknowledgement Of Risk, Release Of Liability And Indemnity Agreement, as a result of said member's travel to and use of the hut, the property and facilities of the Hut Owners/Operators.

I, for myself, my heirs, my successors, executors and subrogors, further agree not to sue the Hut Owners/Operators or Ouray County as a result of any injury, paralysis or death suffered in connection with my use of the Sanford Hut or the traveling and skiing to and from the hut. This release is intended to be a comprehensive release of liability but is not intended to assert defenses which are prohibited by law.

__ please initial

SANFORD HUT AND OURAY COUNTY WINTER USE WARNING AND ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

Page 3

I HAVE CAREFULLY READ, CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS USE, WAIVER AND RELEASE AGREEMENT.

Print Name

Signature

Mailing Address

Date ofTrip

Phone Number

E-mail Address

Person Who Made the Reservation WEED MANAGEMENT PLAN

Relum 10: OUlay Counly Weed Departmenl P.O. Box 45& Ridgway, CO 81432

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~/..t!::.·7i .. DEPARTMENT AND AGENCY REFERRAL RESPONSES >

Mark Castrodale

From: Jeff Bockes Sent: Monday, March 13, 2017 B:25 AM To: 'Mark Castrodale' Subject: High Alpine B&B - GIS Department Referral Attachments: Diagram 1. High Alpine B&B review 3-B-17.pdf; Diagram 2. high alpine b&b us mtn detaiI3-B-17.pdf

GIS department response to 'High Alpine 8&8' proposal:

My main recommendation is for land use staff to reach out to the Colorado Avalanche Information Center (CAlC) for assistance evaluating the backcountry & avalanche hazards associated with this proposal. As the state agency with expertise in this field, they can provide a professional and impartial analysis.

My analysis and comments relate to the proposed routes to the site - Ouray County roads 361 & 26B, and the Richmond trail. Without a site visit, I cannot comment on the avalanche hazard at the proposed site (Sanford hut).

My opinions are based upon experience gained over 23 years of back country skiing, with 11 years in the San Juan's, an AIARE Level II course, and postsecondary course work in snow science.

This information applies to winter use, during periods with snow cover, and does not apply to other seasons.

Primary access route: Primary access to the site requires travel on County Rd 361 from Ouray, typically by vehicle, up to the locked gate at Senator Gulch (typically locked from Nov. 1 to May. 1- these dates can vary, depending on snow cover, etc).

The route from the locked gate at Senator Gulch to the site (see Diagram 1., below, attached) is approximately 2.5 miles long, with a vertical gain of around 1,650 feet. From the gate, travel would likely be on foot (due to plowing & gravelling, skiing is usually not feasible) to the Camp Bird area, unless gate access and vehicle transport is arranged, then continue on foot/skis/snow shoes along or near county roads 361 & 26B, to the site. Return travel would be the reverse of this route.

The first 1.1 mile segment, from the gate to the Camp Bird area, is currently maintained for winter travel by Ouray Silver Mines (OSM), per a 2016-17 winter road maintenance agreement with Ouray County, including avalanche control by contractors (Helitrax, others), and snow removal and road maintenance by contractors. This control work is performed on an 'as-needed' basis, determined by the mine's needs. The control work and clean-up are coordinated with Ouray County law enforcement, to disseminate information on planned control activity, and to be on site and divert the public when activity is occurring.

Alternative access route: The Special Use application proposes an alternative access to the site - the 'Richmond Pass' trail - to be used during 'high danger periods' (see Diagram 1., showing the summer trail). From the proposed use site, this 2.8 mile route climbs approximately 1,800 vertical feet, crosses Richmond Pass at over 12,600 feet, and descends around 2,800 vertical feet to the Ironton area along US 550, approximately 7 miles south of Ouray.

Analysis:

1 Available information (including Avalanche Hazard in Ouray County, 1877-1976, by Armstrong, B.) indicates at least nine avalanche paths along the primary route (see Diagram 1), all of which can impact the roads used to access the site. These are very large potential slide paths, with a long history of destructive avalanches, going back to historic mining days. Due to terrain limitations (the deep Canyon Ck. gorge, cliffs, etc.) there are no obvious optional routes available to avoid the hazards.

The Special Use application recognizes the objective hazard of the U.S. Mountain slide paths (8, 9, Diagram 1.). Paths 1-7 are currently controlled for avalanche hazard by Ouray Silver Mines (OSM), per the 2016-17 winter road agreement. The Special Use application does not mention how the proposed access to the site would integrate with the mine's control activities, nor is there consideration for addressing paths 1-7 in the absence of control by OSM.

Paths 8 and 9 are not addressed by the OSM control plan, as these paths do not cross the route to the mine, which diverges from the route to the proposed site at the junction of county roads 361 and 26. To my knowledge, paths 8 and 9 are currently not controlled for avalanche hazard.

The proposed alternative access route, generally following the Richmond trail, passes through extensive high alpine terrain, mostly above tree-line, with mUltiple, uncontrolled avalanche hazards. The summer trail cannot be located under winter snow cover, leading to route finding difficulties.

Opinion: It is possible that the proposed main route to the site could be controlled for avalanche hazard, through coordinated effort with the Ouray Silver Mine control team for paths 1-7 (provided they are continuously monitoring the hazard, and avalanche control work is performed as needed), and through the creation of an additional avalanche control plan to address paths 8 and 9. Safe travel through the area is possible during periods of 'low' avalanche danger, however, time of day, daily temperature variations, weather, and other local variables can significantly alter conditions and affect safe travel along these routes.

Use of the proposed alternative access route, in the Richmond trail area, would require a complex, multi-hour back country ski tour. While safe winter travel through this area during periods of low avalanche danger, under the best of conditions, is possible, safe travel at night, in a storm, or in difficult snow & avalanche conditions (the 'high danger periods' it may be needed) would be extremely difficult, if not impossible, especially for travelers unfamiliar with the terrain.

The highest margin of safety for travelers along these routes would require daily, professional monitoring of the snow conditions, avalanche hazard and weather conditions, specific to the routes.

Thank you for the opportunity to respond. I can explain my comments in additional detail if required.

Diagram 1 Proposed routes to site

2 Diagram 1 Proposed routes to site

Diagram 2 u.s. Mountain area detail:

3 Diagram 2 u.s. Mountain area detail:

Showing CO Rd 26B, passing through the U.S. Mtn and adjacent slide paths: • YI mile of exposure (approx.) • 500' elevation gain (approx.) • Slide paths run into the valley, possibly up the other slope across the valley.

Jeff Bockes Ouray County IT & GIS Manager [email protected] Website: http ://ouraycountvco.gov{

IT office (970) 325-7350 SCAIC CoIoradoAIIIII."c'" .,,1Do "...... ,c.nt.r 325 Broadway WS1 Boulder, CO 80305

April 9, 2017

Mark Castrodale Planning Director Ouray County Land Use 111 Mall Road Ridgway, CO 81432

Dear Mr. Castrodale,

Thank you for the opportunity to comment on proposal for the Sanford Hut. I have limited my comments to the avalanche safety aspects of the operation described in the proposal. My comments do not address the land use or zoning aspects of the building site. Depending on how Ouray County and the applicant proceed, I suggest you consider asking the Colorado Geological Survey to conduct a land use review of the building site. That review would address a variety of geologic hazards, including avalanches.

The proposal for the Sanford Hut describes a very Interesting opportunity for a lodge in a scenic area the San Juan Mountains. This is a beautiful area that has a long history of humanlavalanche involvements. Since 1999 two people have died in avalanches in Ouray County, with eight deaths in the area between Ophir, Ridgway, and Silverton (Figure 1). In Ouray County from 1877·1976 there were 254 documented human encounters in avalanches with 31 deaths (Avalanche Hazard in Ouray County, Colorado 1877'1976, 8. Armstrong, 1977). Many of these historic events were in areas now accessed by CR361. The proposal for the Sanford Hut acknowledges the high potential for human/avalanche involvements along the access routes and describes several elements of how the operation would be affected by avalanche hazard. Here are a few issues the county and the applicant shOUld consider and discuss from the material provided to me.

1. Communication with active avalanche hazard mitigation programs · There are currently three operations that are conducting active avalanche hazard mitigation in areas adjacent to the Sanford Hut (Ouray Silver Mine, Helitrax, CDOT/CAIC). Work done by these groups could directly impact access to and from the Sanford Hut. A more detailed description of how the Sanford Hut and their guests witt communicate with these existing groups should be outlined in this proposal or within an operational plan. There is potential for aU of these groups to be impacted by the addition of another operation in this area. 2. Impact of backcountry avalanche danger forecast by CAlC The letter dated February 12, 2017 states that the Sanford Hut would offer guests credit for their stay during periods when the avalanche danger is rated HIGH or CONSIDERABLE. I am assuming that this rating would come from the CAlC's products. I looked at the proportion of the total days with a danger rating in the North San Juan zone (Figure 2). Over three operating seasons the danger is rated CONSIDERABLE or higher 30% of the time. This policy would have a significant impact on the operational of the hut. The county and applicant should make sure this is realistic before it is placed into a permit. 3. Avalanche hazard during periods with no danger rating · The CAlC typically issues backcountry avalanche danger ratings from mid November through mid April. There can stitt be significant avalanche hazard in local areas outside of this period. The proposal does not address how the operation or its guests will address the avalanche hazard during these periods.

325 8roadway W51, 8oulder, CO 80305 P 303.499.9650 F 303.499.9618 www.colorado.gov/avalanche I 4. Access to and from the Stanford Hut CR361 The application describes using CR361 as the main access to the hut and acknowledges that the active avalanche hazard mitigation program for the road would affect hut operations. It also seems prudent to include some discussion of how the avalanche hazard along this route would be managed in the absence of an avalanche control program for the road should the mine's program change. In addition, the hut's operation should address how non-motorized backcQuntry travels would manage the residual risk of the mine's avalanche safety program that is designed for workers traveling in vehicles. 5. Access to the Stanford Hut Richmond Pass · The material I received includes a letter from Jeff Backes, Ouray County, which describes a secondary access route over Richmond Pass. It references material that we did not receive that Identifies this as a route that could be used during periods with an elevated avalanche hazard. Using this route when the avalanche danger is elevated has four potential problems. First, the route from the hut to Richmond Pass contains a substantial amount of avalanche terrain (Figure 3}. During periods when CR361 is closed, this route could be too dangerous for backcountry travelers to traverse. Second, the route from Richmond Pass to US 550 also contains significant avalanche terrain and could be too dangerous to travel when CR361 is closed. Third, the route from Richmond Pass to US 550 contains several avalanches paths that threaten US 550. Although COOT does not perform active avalanche hazard mitigation in these paths on a regular basis, hazard mitigation has been done in them in the past and could be done again in the future. The overlap of backcountry travelers and an active avalanche hazard mitigation program presents problems for both. Forth, if hut guests are able to travel this route during a period of high avalanche hazard, US 550 will likely be closed, and possibly for an extended period of time. During the past few years US 550 has been closed for avalanche hazard longer than 12 hours about 6 times each year. Guests arriving to a closed highway would still have significant problems to navigate.

The proposed operation at the Stanford Hut looks like a very interesting recreational opportunity that could provide a unique experience for people in and traveling to Ouray County. I sincerely appreciate the operatory to examine and comment on the proposal. Please let me know if the CAlC can be of further assistance to the County or to the business owners. We're happy to help in any way we can.

Sincerely,

Ethan Greene Director Colorado Avalanche Information Center

325 Broadway W51, Boulder, CO 80305 P 303.499.9650 F 303.499.9618 www.colorado.gov/avalanche I Figure 1: Avalanche incidents from October 1999 to March 2017 in the area between Ophir, Ridway, and Silverton. Incidents are humanlavalanche interactions where the CAlC has enough information to complete a report with educational value. These 17 incidents include 8 fatal accidents.

Backcounty Avalanche Danger Rating In the North San Juan Mountains Zone ] i.. t- o i'''' 201817 E- • 1 o _2015-10 ~ - _2014.15 15 I ..i ~ "'"

.. MODERATE COHSIOERABLf "'" Dangerle." Alung 00'''''

Figure 2: The proportion of avalanche danger ratings in the North San Juan Mountains zone over three operating seasons. During these three seasons, the avalanche danger was rated CONSIDERABLE or HIGH on 3D!> of the days.

325 Broadway WS1, Boulder, CO B0305 P 303.499.9650 F 303.499.9618 www.colorado.gov/avalanche I Figure 3: A Google Earth image of the area around the Stanford Hut. The approximate location of the hut is marked by the pin and the town site of Ironton is labeled. Richmond Pass is the low pOint in the terrain between the two. The shading is the approximate slope angle, with 27-29' in yellow and the rest of the colors covering slopes between 30·59'. A backcountry traveler would have to navigate a significant amount of avalanche terrain to travel from the proposed site to Richmond Pass.

Figure 4: A similar image as Figure 3, but looking across US 550 at Pass. Slope angle is shaded in a similar manner as Figure 3. Red polygons are avalanche paths that impact US 550. There is potentiaL for active mitigation of avalanche hazard in any of these paths.

325 Broadway WS 1, Boulder, CO 80305 P 303.499.9650 F 303.499.9618 www.colorado.gov/avalanche I ,

Mark Castrodale

From: Lazar - DNR, Brian Sent: Thursday, March 30, 2017 5:43 PM To: Mark Castrodale Cc: Ethan Greene Subject: Re: New submission from Contact Us - contact page

Hi Mark-

I) Ouray county is completely in the NSJ zone. The zone boundary is through San Juan County.

2) The North San Juan zone covers 4400.60 sq miles The South San Juan covers 3579.86 sq miles

3) We will respond in full to the application referral next week.

Thanks for patience, and feel free to ping me with anything else.

Brian

Brian Lazar Deputy Director Colorado Avalanche Information Center 325 Broadway WS I Boulder, CO 80305 303-499-9650 forecast office 303-618-8996 cell www.colorado.gov/avalanche

On Thu, Mar 30, 2017 at 3:41 PM, Mark Castrodale wrote:

Hello Ethan & Brian,

I have what I hope will be 3 quick questions;

I am looking at the forecast regions map on your main web page;

1 1. Does Ouray County fall completely within the Northern San Juan region or is the county split by the two regions, north/south? (difficult to tell from map)

2. What is the square miles covered by the Northern San Juan region? The Southern San Juan Region?

3. What is your anticipated time to respond to our application referral of the proposed B&B?

Thank you.

Mark Castrodale

Planning Director

Ouray County Land Use

970.626.9775 x17

www.ouraycountyco.gov

From: [email protected] [mailto: spencer.logan@state . ~ On Behalf Of Colo Avalanche Info Center Sent: Thursday, March 9, 2017 12:55 PM To: mcastrodale@ouraycountvco,goy Cc: Ethan Greene - DNR; Brian Lazar - DNR Subject: Fwd: New submission from Contact Us - contact page

Hi Mark,

I passed your phone message on to Ethan and Brian. You should hear from them soon.

Spencer

------Forwarded message ------From: spencer. logan @state.co.us Date: Thu, Mar 9,2017 at 12:26 PM

2 OURAy SiLlIER MINES

Memo To: Mark Castrodale, Planning Director, Ouray County Land Use From: Brian Briggs, CEO Date: March 20, 2017 Subject: Land Use Application Referral Comments for E. Johnson High Alpine Ski-in and Ski-out Bed and Breakfast

On behalf of Ouray Silver Mines, we are submitting the following comments regarding the Bed and Breakfast Land Use application submitted by Eric Johnson and Susie Taylor.

1. Of greatest concern to Ouray Silver Mines is the risk of the natural release of an avalanche along the proposed access route to the cabin. This is somewhat lessened from the Senator Gulch gate to the CR 26/CR 361 intersection at Campbird due to OSM's mitigation work on that segment. However, once potential guests have left the maintained section and turned off at Campbird on CR 26 and head towards the cabin, they will be exposed to natural avalanches which are not mitigated by Helitrax or OSM.

The attached Map which was developed by OSM for our internal mitigation and forecasting shows three avalanche paths (16, 17, and 18) which are not part of our mitigation work. These slides along with an unnamed slide on the south flank of 18 have recorded deaths including the destruction of the Campbird mill.

2. Once people leave the B&B and trek out across the country for skiing activities, Ouray Silver Mines avalanche mitigation could be compromised due to the unknown location of people. If backcountry skiers traverse up near Imogene Basin and over into the back side of Silver and Sydney Basin or into Governor Basin where we actively maintain avalanche paths they could be at risk from a sympathetic or direct release from our mitigation activities.

This same scenario is also valid for Helitrax's mitigation for their clients as they operate their heli-skiing business under permit with the USFS. Helitrax maintains slides up in Governor, Imogene, and Yankee Boy Basins as well as other locations. We recommend contacting Heiltrax for their input and potential conflicts.

These types of conflicts are already of concern to OSM but due to Ouray County Sherriffs closure of the CR 361 prior to our mitigation the conflicts are minimized. The addition of people staying at a bed and breakfast over a longer period of time in Richmond Basin complicates this somewhat unless there is method developed to communicate the road closure and Avalanche Mitigation to potential clients up at cabin.

3. The plan does not mention how the B&B intends to get supplies to the cabin during the winter months. If snowmobiles are intended for use the section of road below US mountain becomes impassable due to heavy snow burying the shelf on the road at a steep incline.

P.O. 80)( 564.1900 Main Street. Ouray, Colorado 81421- Ph: 970-325·9830. email: [email protected] land Use Application Referral Comments March 2D, 2D17

4. The application mentions parking at the gate in the winter months and then hiking in. This area has very limited parking and the ice climbers typically fill this area up. In addition, this area is also capable of receiving a large avalanche (slide path 5).

5. OSM is willing to work with Mr. Johnson to reduce conflicts but our travel policy from the locked gate to the turnoff at the Campbird Mine should be followed to reduce conflicts and assure safe travel for all parties. We would encourage the County to make the travel policy mandatory for any travel from the locked gate for a commercial user.

Our internal travel policy includes wearing of beacons at all times on the road, radio communication at the gate and once the first safe zone after the gate is reached just prior to the Campbird turnoff. This same type of communication in reverse is also required coming down the mountain. Encouraging this type of communication will allow OSM and our contractors to understand who is on the road and when in order to minimize conflicts with heavy equipment along with timing avalanche mitigation.

6. We understand from the application that all travel from the locked gate to the Campbird turnoff will be by foot traffic. OSM's budget to maintain CR 361 during the winter ranges from $150- $200k per year. It would appear that stating only foot traffic would be expected is expected to circumvent paying a share of any road maintenance in the traversed portion of CR 361. We believe it more prudent to use a shuttle to pass through the locked gate under current OSM travel policies (chains, beacons, and communication) and drop clients off at the Campbird turnoff. OSM would work with Mr. Johnson if such were contemplated with the reasonable request that potential clients be charged a nominal fee to assist in maintaining the road and avalanche paths.

Use of motorized travel to the Campbird turnoff allows better communication with OSM and its contractors and limits potential conflicts. It also has the added benefit of limiting the amount of time clients are at risk under known avalanche paths. Though OSM strives to maintain the road in a safe manner it cannot be held responsible for acts of nature beyond our control and a waiver for OSM should be granted by Mr. Johnson's clients traveling to the Campbird turnoff either by foot or vehicle.

We appreciate the opportunity to add out thoughts regarding Mr. Johnson's application and would endeavor to work closely with him should his application be approved.

Cordially yours,

Brian K. Briggs CEO

21 Page ALL MAPS REFERENCED IN PACKET Land Use Application Referral Comments March 20, 2017

3 | P a g e

Diagram 1. High Alpine B&B review 3-8-17

Diagram 1. High Alpine B&B review 3-8-17 Diagram 2. high alpine b&b us mtn detail 3-8-17

Diagram 2. high alpine b&b us mtn detail 3-8-17

COMMENTS FROM THE PUBLIC 'l'ha mDst trutad nama Backcoonby Acoess, Inc, In snDW nr.ty: phon.: 303.417.1345 backcOISItryaccess.com

5/24/2017

Ouray County P.O. BoxC 541 Fourth St. Ouray, CO 81427

Dear Ouray County,

We would like to express our support for the development of a new backcountry hut in Duray County. Our company, Backcountry Access, Inc. (BCA), is a manufacturer of avalanche rescue and ski touring equipment, so we've personally experienced the rapid growth in popularity of backcountry skiing and snowboarding. We believe that demand has exceeded supply with regard to backcountry huts in Colorado. Seeing as It has become increasingly difficult to reserve huts during the winter season, there is no question another hut in your area would be filled on a regular basis.

We are familiar with Eric Johnson and are confident in his abilities to create a high-quality customer experience. Not only is he an experienced mountaineer, he is a world class chef, having worked at several nationally renowned establishments, including Boulder's Flagstaff House. If dining will be involved, then It will certainly be an asset to that region.

Access to alpine huts has been a very important part of living in Colorado for our family. When we can get a reservation, we have brought our family-and several other families-with us for several days in the mountains. But this is becoming more challenging every year. A new hut in your area would certainly provide another great option, and a great reason to make a trip down to the San Juans.

Sincerely,

Bruce Edgerly Co-founder and Vice President