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HomeMy WebLinkAbout2.0 BOCC Staff Report 12.16.2002EXHIBIT ID BOARD -12/16/0 2 TP PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW: SUMMARY OF REQUEST: APPLICANT: REPRESENTATIVE: LOCATION: I. DESCRIPTION OF THE PROPOSAL: Floodplain Special Use Pennit The Applicant requests a Special Use Permit for development w ithin the 100- year floodplain for the restoration and enhancement of an existing pond, and the repair and maintenance of existing inlet and outlet structures. Britton White Shane Harvey of Holland and Hart, LLP Lot 6, Aspen Glen A. Development Proposal: The Applicant requests approval to restore and enhance a degraded pond on the subjec t property. The Applicant is a lso requesting appr ova l to repair and maintain the existing inlet and outlet structures related to the pond (Exhibit F). B. S ite Description: The residence is currently being constructed on the subj ect property. The existing pond lies between the residence and the Roaring Fork River. There are a couple large trees adj acent to the pond. There is also a sparse ston e wall along the edge of the pond. The pond is current ly filled with some water, but very low since the inlet pipe has been blocked. C. Pro ject Description: The existing pond consists of approx im ately 6182 ft (0.16 acres) of open water and has a depth ra nging from 1 to 4 ft . The pond is fed by ground water and by a surface diversion from the Roaring Fork River. According to the Applicant, the water level in the pond generally responds to the water surface elevation in the Roaring Fork River and the a lluvial aquifer associated with it. The pond will be excavated to remove accum ul ated sediment, and to provide an average pond depth of 6 to 8 feet. The proposed 520 s.f. redu ct ion in shallow (1 ft deep) open water at the eastern end of the pond wou ld be converted into wetlands. The Applicant proposes to reduce the slopes adjacent to the pond and revegetate with native rip arian, wetland, and upland vegetation. All existing trees will be left in p lace during excavation . Three small areas of wetlands, tota ling less than 46 square feet, exist along the edge of the pond. These existing wetlands will be impacted by the excavation, however, the Applicant noted that these wetlands will be rep laced around the pond edges. The existing water storage capacity of the pond is estimated to be 12,356 cubic feet (0.28 acre/feet). After removal of sediments, the storage capacity of the pond is estimated to be 36,810 cubic feet (0.85 acre/feet). White Special Use Permit BOCC-12/16102 Pagel According to the Applicant, the enhancement and restoration of the pond will result in a net increase in the value of the open water habitat and wetlands. The banks of the pond will be revegetated with native wetland, riparian, and upland species. The Applicant provided a list, attached to the application, of plant species proposed for use in the revegetation. Steve Anthony, Vegetation Management Director, indicated that the plan for the restoration of the pond appeared to be in order and the plant materials are appropriate for the site (Exhibit G). The sediment removed from the pond is proposed to be used on upland areas of the property. If the site cannot use the dredged material, some of the material will be removed from the property. Dredge materials will not be disposed of in the flood way or the 100 year flood plain. The Applicant has asserted that the pond restoration activities will occur on weekdays during daylight hours, between 7:00 a.m. to 5:30 p.m. The duration of the construction period is estimated not to exceed 4-6 weeks. The excavation of the pond will create habitat iu which fish can thrive year-around. Rocks and Jogs will be placed in the pond to provide fisheries habitat. In summary, the following table reflects the proposed changes, outlined above, to the pond: Existinl! Prooosed Open Water 6183 s.f (0.16 acres) 5663 s.f. (0.13 acres) Deoth I to 4 feet 6 to 8 feet Water Storage 12,65 cubic feet 36,801 cubic feet Canacity I0.28 acre/feet) ro.85 acre/feet) Wetlands 46 square feet existing 520 s.f. proposed plus 46 s.f. existing D. Applicability: Pursuant to Section 6.08.01 of the Zoning Resolution, any use to be developed in the floodplain shall be required to obtain a Special Use Permit, in accordance with the applicable regulations of Section 9 [Administrative Procedures) of the Zoning Resolution concerning the submission and processing of such permits. Pursuant to Section 9.03.04 of the Zoning Resolution, an application for a SUP shall be approved or denied by the Board of County Commissioners after holding a public hearing thereon in conformance with all provisions of the Zoning Resolution. II. REVIEW AGENCY AND OTHER COMMENTS: The application was referred to the following agency (ies) for comments. Comments that were received have been integrated throughout this memorandum where applicable. I. Steve Anthony, Vegetation Management Director, Exhibit G. 2. Town of Carbondale. No comments submitted. White Special Use Permit BOCC -12116102 Page3 ,,-, ill. REVIEW CRITERIA FOR SPECIAL USE PERMITS (SECTION ~03,)) Pursuant to Section 6.08.01 of the Zoning Resolution, "in addition to the determinations to be made by the Building Official under the provisions of said Section 9 [Administrative Procedures], all applications for the Special Use Permit under this Regulation shall be reviewed by the Floodplain Administrator" in accordance to the following standards: (1) To assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State Law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 USC. 1344. Response: The Applicant submitted a letter from the US Army Corps of Engineers ("Corps") dated June 14, 2002, (Exhibit H). It was determined by the Corps that the proposed enhancement and restoration of the pond will not affect threatened or endangered species protected by the Endangered Species Act. With regard to the replacement and maintenance of the inlet and outlet structures, a letter (Exhibit J) from ERO Resources Corp. ("ERO") was sent to the Corps regarding the activities necessary for the repair and maintenance of the inlet and outlet structures. A letter from the Corps (Exhibit K) dated October 30, 2002, was received by the Building and Planning Department. According to the Corps, the replacement and maintenance of the inlet and outlet structures will not affect threatened or endangered species protected by the Endangered Species Act. (2) To determine whether proposed building sites will be reasonably safe from flooding, and that the structure will be in compliance with the applicable provisions for uses and standards for construction set forth in this Resolution. Response: According to the Applicant, no structures are proposed to be constructed above ground within the flood plain or flood way as a result of the pond rehabilitation and the replacement of the inlet and outlet structures. (3) To determine if the proposed development is located in thejloodway. if located in thejloodway, assure that encroachment provisions of Section 6.09.01 (l)(A) are met. Response: The pond lies entirely within the 100-year floodplain. However, the inlet and outlet structures lie within the floodway. The provisions of Section 6.09.0l(l)(A) are addressed in detail further in this memorandum. (4) To assure that adjacent communities, the Colorado Water Conservation Board and Federal Emergency Management Agency have been notified of the proposed watercourse alteration or relocation. White Special Use Permit BOCC -12116102 Page4 Response: No alteration or relocation of a watercourse is necessary, or requested, for the restoration and enhancement of the pond or the replacement or maintenance of the inlet and outlet structures. Since this is a Special Use Permit request, public noticing of the hearing is required. (5) To assure that the carrying capacity of the altered/relocated watercourse is maintained. (A. 85- 211) Response: Not applicable, since there is not altered or relocated watercourse as a result of the pond rehabilitation and the repair of the inlet and outlet structures. IV. ADDITIONAL COMMENTS: Section 6.09.0l: It appears from the site plan (Exhibit I) that a small portion of the upper (north westerly) inlet/outlet structures is located within the flood way and the lower (south easterly) structure is completely within the flood way. Pursuant to section 6.09.01 of the Zoning Resolution, the following uses and activities are prohibited in the floodway: (A) Encroachments, including fill, new construction, substantial improvements and other development unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. If the technical evaluation satisfies the requirement, all new construction and substantial improvements shall be required to meet the peiformance standards set forth in Section 6.09.02(3). Response: The Applicant is proposing the replacement of two existing inlet and outlet structures. According to the Applicant, the existing inlet and outlet structures are crushed and inoperable. The Applicant is proposing to repair these structures in order to return them to an operable state. According to the Applicant, the repair of these structures will in no way enlarge or relocate the existing structures. It is the opinion of staff that the repair of the existing inlet and outlet structures, like for like, does not constitute new construction or substantial improvements that would require a technical evaluation. Section 9.03.05: Pursuant to section 9.03.05 of the Zoning Resolution: Any Special Use Permits may be made subject to a periodic review not less than every six (6) months if required by the County Commissioners. The purpose of such review shall be to determine compliance or noncompliance with any peiformance requirements associated with the granting of the Special Use Permit. The County Commissioners shall indicate that such a review is required and shall establish the time periods at the time of issuance of a Special Use Permit. Such review shall be conducted in such manner and by such persons as the County White Special Use Permit BOCC -12116102 Page5 Commissioners deem appropriate to make the review effective and meaning{ttl. Upon the completion of each review, the Commissioners may determine that the permit operations are in compliance and continue the permit, or determine the operations are not in compliance and either suspend the permit or require the permittee to bring the operation into compliance by a certain specified date. Such periodic review shall be limited to those peiformance requirements and conditions imposed at the time of the original issuance of the Special Use Permit. Response: At the discretion of the Board, this SUP may be subject to periodic review no less than every six months. Shall the Board feel that periodic review is required, the Board shall indicate that such a review is required and shall establish the time periods at the time of issuance of this SUP. V. STAFF FINDINGS: 1. That proper posting and public notice was provided as required for the meeting before the Board of County Commissioners. 2. That the meeting before the Board of County Commissioners was extensive and complete, that all pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed special use permit has been determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has met the requirements of Special Use (Sections 6.08.01 and 9:03) the Garfield County Zoning Resolution of 1978. VI. RECOMMENDATION: Staff recommends that the Board APPROVE the White Special Use Permit for development within the 100 year floodplain and floodway for the restoration and enhancement of an existing pond and the repair and maintenance of existing inlet and outlet structures, subject to the following conditions: 1. All representations of the Applicant, either within the application or stated at the meeting before the Board of County Commissioners, shall be considered conditions of approval, unless specifically altered by the Board. 2. The Applicant shall comply with all applicable requirements of the Garfield County Zoning Resolution of 1978, as amended, and the U.S. Army Corps of Engineers as required. EXHIBIT DENVER • A SPEN BOU LD ER • COLORADO SPRIN GS DE NVER TEC H C ENT ER BILLIN GS • BOISE • CAS PER C HEY ENNE ·JACKSON HOL E SALT L AKE C ITY • S ANTA FE WASH INGTON , D.C. H OLLAND & H A RT LLP ATT O R N E YS AT L AW 600 EAST MA I N STREET, SUIT E 104 ASPEN , COLORADO 8 16 11 T EL EPHO NE (970) 92 5-34 76 FACSIMI LE (970 ) 92 5-9367 Sh a ne J . Harv ey sharvey@holl andhar t.c om F Octobe r 2, 2 002 M s. T a m ara Pregl, Senior Pla nn e r Garfie ld County Building a nd Planning D e p a rtm e nt 109 8111 S t reet, Suite 3 0 3 RECEIVED OCT 0 7 2002 GARFIELD COUNTY BUlLDING & PLANNING Glenwoo d Springs , CO 8 16 01 RE: AMENDMENT TO WHITE SPECIAL USE PERMIT APPLICATION Dear T am a ra: As y ou know, we repre sent Britton Whit e in connection with that Sp e cia l U se P ermit Application tha t w as s ubmitted b y Mr. White o n Jun e 5, 2002 and that i s curre ntl y p ending in yo ur office (the "Application"). Mr. W hite d esires t o a m e nd the p e nding Application b y r e ques ting p ermi ss i o n t o r ep a ir and m a inta in the ex i s ting inle t and o utl e t s tru c tures r e l a te d t o the p ond th a t i s the s ubj ect o f the Application . Curre ntl y, b oth s tru ctures are crus h e d and inoperabl e , thu s a llow ing no fl ow through in r egard t o the pond. Mr. White would like the ability to r e p air these s tructures in orde r to r e turn them to a n o p e rable s ta t e, whi c h r e p a ir will in no way enlarge o r r e l ocat e th e ex is ting s tructures . Suc h r e p a ir i s authoriz e d und e r the c urre n t Arm y C orps of Eng in eer s g uid e lines r egul a tin g the pond r esto r a tion on the Prope rt y. R egardl ess, we h ave c onc urrentl y h e r ew ith in fo rm e d the A nny Corp s of o ur i ntention t o undertake s u c h work on th e inl e t a nd o u t let struc t ures . Curre ntl y, th e onl y r efer e nc e to th e inl et a nd outl e t s tru c t u r es in th e Applicati o n i s in th e las t paragraph o f P age 2 of the Addendum t o th e Applicati o n , w h ere it s ta tes th a t "[t)h e inle t and o utle t s tru c tures o f the po nd w ill not b e a ltered in a n y m anne r w hich w ould p e rmit d a m ag in g d e bri s to b e carri ed d ow ns tream during c ons truction or o p erati o n ." Any m ainte n a n ce o f the inle t a nd outlet s tructures b y M r. White w o uld b e acc ompli s h ed in s u c h a manner as to wholly comply w ith thi s provis ion o f th e Applicati o n. October 2 , 2002 Pa ge 2 HOLLAND & HART LLP ATTORNEYS AT LAW To the ex tent you need any further information in rega rd to this reques t for Amendment to the Application or if the reques t needs to take anothe r form in order to be considered, please contact m e directly . SJH:om cc: Brit White Liz Payson David F inholm 2 993919_1.DO C V ery truly yours, Tamara Pregl From: Sent: steve anthony [santhony@coop.ext.colostate.edu) Tuesday, October 15, 2002 7: 10 PM Jo; Subject: Tamara, Tamara Pregl Britton White Pond Special Use The plan for the restoration of the pond appears to be in order regarding vegetation issues. Normally l would ask for a noxious weed inventory, however this plan does include an inventory of the existing vegetation and does not mention weeds , so I 'm assuming that there are no noxious weeds on site to report~ I have reviewed the plant material list and it is appropriate for the site . Steve Anthony Garfield County Vegetation Management Director PO Box 1112 Ri fl e CO 81650 Phone 970-625 -3969 cellular phone 970-379-4 4 56 fa x 970-625-3917 e-mail :santhony@coop .ext.colostate .edu 1 EXHIBIT f:-1 ------~-=-=--• ----v -v ~ UV.Ld .. dl.!U/ °' DJ\J'(J. LLt' ~003 JUL-9-2.002 01; 49P FROM: ERITION c... ~ ~I 713-869-8992 · EXHIBIT REP\.TIO ATTCNTION OF DEPARTMENT OF THE ARMY u_s. ARIUIY ENGINEER DIS'lRICT, SACRAMliNTO CORPS OF ENGINE~ .. S 1325 J STREEl' $.\CRAMJ!NTO, eALIFORNIA 95814-2922 .June 14, 2002 Regulatory Branch (2 0027527~) Mr.. Britton White 35 West Terrace Drive Houseon, TexaD 77001 Dear Mr. Britton; t-1 We are responding to your request for a Department of the Army permit t:o enhance and .resLor~ a degraded pond on your property n~ar r.he Town of Carbondale. The P•OJect ie located ~t the Roaring Fork River within the sw 1/4 of Section 20, Township 7 South, R~uye:1 88 W~lliL, Garfield C ~oU1\t:y, Col~rado _ , The Cb.ief of Engineers has issued nationwide general permit number 27 which authori%es the diocharge of dredged er fill material in waters of the United States for wetland restoration activities. we have determine d that your pL'Oject will not affect threatened or t!lndangered spec:le~ p.z:·ot e ctecl by Lhc.:! Endu.ng~r~d Spec i es Act. Your project can be constructed under this uuthor ity provided the work. rne e Ls t.h~ conditlons lia:;ted .on the encloraea inro~t ion sheats. You must s end a signecl let tc;:r o! cert:ifical:.i on to t he Corps of Enginee r s within 30 days after completion of Lhe wuL·lc.. (tiee ge~i.E1ra1 condit:lon number 1.4). A. copy of the cert:lfication ~ta tem~nt is i.nc lunP.d for your use. This v e ritication iu val i d w1Lll Jw1~ 14, 2004. 1 £ you have not completed your project by that time , you should contact the Corps of Engineers to obtain inf o r matlon on any changes which may huve occurred to the nation.widu pc~rmi. tR . '/m1 a rc-: :rP.~pons.:i.ble for remaining infor med of such c hanges and tor ens uring t h a t a .11 cont ractors a nd constructi on p~rsonnel are taroiliar with the ~~rms and condir.iona of this permlt . ------.---... JUL-9-2002 01: ~ FROM: ElRITIUN , ki~<Y IJ-II , 713-869-8992 -2- We have assigned number.200275274 to your projeet. Please refer to this number in any correspondence with this office. If you have any questions, please contact Mark Gilfillan at the address below or r.elephone number (9?0) 243-1199, exr.ension 15. li:nc:losures copies Furnished: Sin~ero/ ~~u~c;..,:i....,""- Ken. Jac bson Chief, Colorado/Gunnison Basin Regulatory of £ice 402 Rood Av~nue, Room 142 Grand Junction, Colorado 81501-2563 Ms. Liz Payson, ERO Resources Corporation, 1842 Clarkson Street, Denver, Colorado ~0218 Mr. Ron D. Velarde, Colorado;Oivision of Wildlife, 711 Independent Avenue, Grand ~unction, Colorado 81506 Mr. Mark ~ean, Garfield County, 109 8th Street, Suite 303, Glenwood Springs, Colorado. 81601 JUL-9-2032 01:50P FROM;BRITION & .. eRkr WHI 713-869-8992 ... .,,l. ~1 COMPLIANCE CERTIFICATION l'enll.t Type: llA'l'IONWII>li: 27 N...., of P•J:mitte•: Britton White JS West Terrace Drive UoU~ton. Texas 77001 Date of ~s•Ulllloe: June 14, 2002 LgJ IJIJO Upon completion ot the ~ctivity authorized by •hi~ pe:rmit and any mitigation required by the permit. sign this pertification and return it to the tollowing address: Colorado/Gumrison Basin Regluato:ry office U.S. JU:my Corpe of Engineer-, ~acramento Diatrict Wayne N. Aapinall Fede;r;al B\1ild:i.ng 402 Rood Avenue, Room 142 Grand ~notion, colora&:i 815Dl-2SS3 Please note that YQUr permitted activi.tY is sut>ject to a compliance inspection by a U.S. ~ Corps of Engineer" ;epresentaeive. J:f you !!ail to comply with tbe terms and conditions of the pe:Cmit )rour authori~ation may be suspended, modi:l!ied. or revoked. It you have ;my questions ahauc this c:ert:ific:acion, ple10se aQntact thoi> Co;r:p" ot: En51i1',..;r,, ot"tice in Gr'"1<l Junc<ion. telephone: number (970) 243-1199. extension is. I Izereby c:e.rc.tt"y ""Ar' t:he ......,rk aul::IJl).rized by l1le above-ret'ereziced pezmi e, .tnclud:fug a11 t:he ;r;equi.red mitigatll=, was caupleted S.n ar:~= w.iCll Che tcnns and cond.it.fons of ~ pezm:it :ver.ificati=. Signature of ~ormittee I>ate e:i::.. ·····to········ E06lDf1'fJllO-;;--\ / ~ (appm. 5,663/t.I ~' / -'· .. ~.,-"~ .' _,,,,-··"' "-.. "-.. '"' '-..._ "-.. "-.. "-.. I • • I ~ • : I 1 Nonh Xafe: I•"' 300' Figure 2 White Property Pond Restoration rr.4rod Irr: ll""1d ~ Jro1 Mfymt ~ Wetl and C~t ion Area _ -Ellis tin g Wed lnd Vcectation ERO ERO Reso~rces C«p. 1842 Clorkso~ ~el Oen..er . CO 802f3 {50l) 8~H 186 f CE: 8l0-1199 t.bblcs- Hg m =i J . ERO Re so urces Corp . mo 1 84 2 Clarkson Street · Denve r. co 80218 EXHIBIT :r (3 03) 830 -1] 88 Fax : 830-1199 Denver • Boise www.eroresources.com ero @ero reso urces .com Mr. Mark Gilfillan U .S . Anny Corps of Engineers Western Colorado Regulatory.Office 402 Rood Avenue ; Room 142 Grand Junction, co 81501 -2563 September 24, 2002 RE: White Property Pond (200275274) Maintenance Activity Notification Dear Mr . Gilfillan: On behalf of Britton White, this letter is submitted to notify rhe Cofl)s of maintenance activities necessary for proposed pond restoration and enhancement activities, f~r which the Corps issued NWP 27 on June 1.4 , 2002 .· The legal description of the site is the SW 114 TIS, R88W i~ Garfield Councy, Colorado (Figure 1). The lITM coordinates are 4368000mN and 306000ffiE, Zone 13. The maintenance activities were not included in the original 404 permit application, and fit within NWP .3. for the repair of currently serviceable inlet and outlet structures. Maintenance activities will include replacement of the existing inlet structure that conveys water from the Roaring Fork River, replacement ofa headgate, arid replacement of the pond outlet structure, which conveys water back to the Roaring Fork ruver (Figure 1). The pond inlet and outlet structures will not be put co different uses than the original structure. Activities necessary for the inlet and outlet struc~res· maintenance include excavation and removal of the original pipes and headgates, and placement of new pipes and headgate. A temporary disturbance will occur to about 30 linear feet of rhe Roaring· Fork Ri_ver for replacement of the inlet and outlet stru.Crures. The temporary impacts to the pond necessary for replacement of the inlet and outlet structures fall within the area already permitted for restoration and enhancement of the po!ld. It is our understanding that this project fits within the guidelines for NWP3(i), and that notificati9n Ul)der General Condition 13 is unnecessary. If the proposed maintenance of the pond inlet and outlet structure is not authorized under NWP, we would appreciate a · written response to ERO . Thank you for your attention to this. If you have any other questions, please give me a call. Sincer~ . · r-. (l ~td·~\· '7 -.....:...,~ ~/ ! ,,,__,. . ~ . Liz Pays on ·-' · Lf Ecologist Enclosures cc w/encl: Shane HarVey, Holland and Hart Consultants in Natural Re s ources ~nd the Environment REPLY TO ATIEN TION OF ) DEPARTMENT OF THE ARMY U.S. AR MY E NGINEER DI STRICT, SACRAMENTO CORP S OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 October 30, 2002 Regulatory Branch (200275274) Mr . Britton White 35 West Terrace Drive Houston, Texas 77001 Dear Mr. Britton: EXHIBlli ~ RECEIVED NOV 0 4 2002 GARF IELD CO UNTY BUJLD ING & PLANN ING We are responding to your request fo r a Departme nt of the Army permit to repair i nlet and outlet structures for a p o nd on your property. The project is located at the Roaring Fork River within the W 1/2 of Sect i o n 20, Township 7 South, Range 88 We st, Garfie l d County , Colorado. The Chief of Engineers has issued nationwide general p e rmit number 3 which authorizes the discharge of dredged or fill ma terial in waters of the United States for maintenance a ctivi ties. We h ave determined that your project will not affect threatened or endangered species protected by the Endangered Species Act. Your project can be cons tructed u nder this authority provided t h e work meets the conditions listed on the e n closed information s h ee t s . You must send a signed letter of certification to the Corps of Engineers within 30 days after completion of the work (s ee genera l condition number 14). A copy of the certification statement is included for you r use. This verification is valid until October 30, 2004. If you have not comp leted your project by that time, you should contact the Corps of Engineers to obtain information on any changes wh ich may have occurred to the nationwide permits. You are responsible for remaining informed of such changes and for ensurin g that all contractors and construction personnel are fami l iar with the terms and conditions of this permit. We have ass i gned number 200275274 t o your project. Please refer to this number in any correspondence with this of fi ce. If you have a n y questions, please contact Mark Gilfillan of this off i ce at telephone number (970) 243 -1199, ext ension 15, or e-mail mark .a.gi l f illan@usace.army.mi l. Enclosures Sincerely, Ken Jacobson Chief, Colorado/Gunni son Basin Regulatory Office 402 Rood Av enue, Room 142 Grand Junction, Colorado 8150 1-2563