HomeMy WebLinkAbout2.0 Staff Report 3.8.04Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
RUSSELL FLOODPLAIN SPECIAL USE PERMIT
Board of County Commissioners - MarchS, 2004
Proof of Certified Mailing Receipts
Proof of Publication
Garfield County ZoningRegulations of 1978, as amended
Garfield County Comprehensive Plan of 2000, as amended
StaffReport dated March 8,2004
Application Materials
Comments from Resource Engineering dated February 26,2004
Email from Steve Anthony dated February 25,2004
TYPE OF REVMW
SUMMARY OF REQUEST
OWNER (APPLICANT)
LOCATION
PROPERTY SIZE
PROJECT INFORMATTON AND STAFF COMMENTS
BOARD 03/0E/04
FJ
Floodplain Special Use Permit
The Applicant requests a Special Use
Permit for Bank Stabilization on the
Roaring Fork River
Hoffmaster Family Partnership, LLP,
represented by Tom Russell
314 Flying Fish Road, Carbondale, CO
5 acres
L DEVELOPMENT PROPOSAL
The Applicant proposes to conduct a bank
stabilization project of a portion of the Roaring Fork
River which runs along the southern boundary of his
property. Because the activity is located within the
100 year flood plain, the Applicant is requesting the
County grant a Flood Plain Special Use Permit. More
specificitly, the Applicant seiks approval to install a boulder rip rap wall to prevent further erosion
of t ir property and protect the primary dwelling unit located on the subject property.
The project involves the construction of approximatety 150 feet of boulder wall along the eroded
bank. The wall will be placed so as to not decrease the existing conveyance areabelow the top of the
bank. The bank will be cutback to provide for placement of rip rap at a 1: 1 slope. Sediment control
and flow management practices will be used during construction. The new embankment will be
revegetated with willow cuttings and appropriate seed mixtures for all disturbed areas.
Russell Floodplain
Special Use Permit
BOCC - 03/08/04
Page 2
[. SITE DESCRIPTION
The property is located east of Carbondale on the Roaring Fork River just south of old Highway 82
on Flying Fish Road and contains a single-family dwelling. The property is 5 acres in size, is
relatively flat, and is bordered to the south by the Roaring Fork River. The Applicant's engineer,
Sopris Engineering, states that "the right bank along the river through the subject property has
receded approximately 12 to l8 feet since 1982. Therefore the grassed area between the top of bank
and the existing residence has decreased with a loss of mature trees. The existing top of bank, along
the proposed improvement location, is at an approximate elevation of 63 15 feet. The existing edge of
water is at an approximate elevation of 6309.5 feet. This near vertical bank is currently unstable and
is being undercut by the cross channel flow coming over the bar deposition." (Staff will show photos
of this at the hearing.)
III. APPLICABILITY
Pursuant to Section 6.08.01 of the ZaningResolution, 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 ZoningResolution concerning the submission and processing of
such permits. Pursuant to Section 9.03.04 of the ZoningResolution, 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 Znning Resolution.
ry. REVMW 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.
Town of Carbondale: No comments received.
Colorado Division of Wildlife: Although no written comments were provided, Staff
discussed the proposal with a Fisheries Biologist in the local DOW office who stated that
while there may be some limited short term impacts to Brown Trout, the long term benefits
of preventing continued uncontrolled sedimentation in the Roaring Fork River far outweigh
the short term impacts. Further, the proposed method of controlling the sedimentation during
the project is consistent with best management practices presently used.
US Corps of Engineers: Phone call retumed and no additional comments were made.
Garfield County Vegetation Management: (Exhibit H)
Resource Engineering: (Exhibit G)
V. REVIEW CRITBRIA FOR SPECIAL USB PERMITS
Pursuant to Section 6.08.01 of the ZoningResolution ,"In addition to the determinations to be made
by the Building Official under the provisions of said Section 9 lAdministrative Proceduresl, a//
applications for the Special Use Permit under this Regulation shall be reviewed by the Floodplain
1.
2.
J.
4.
5.
Russell Floodplain
Special Use Permit
BOCC - 03/08/04
Page 3
Administrator" in accordance to the following standards..
(l) To assure that all necessary permits have been receivedfrom 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 U.S.C. 1344.
Response
The Applicant applied to the US Army Corps of Engineers (the Corps) for a Nationwide 13 Permit
required for construction. A copy of the request can be seen within the application. The Chief of
Engineers from the Corps has issued a Nationwide General permit number 13 which authorizes the
discharge of dredged or fill material in waters of the United States for bank stabilization. The Chief
Engineer determined the project will not affect threatened or endangered species protected by the
Endangered Species Act. This permit was issued for the project (#200375055) on March 20,2003
which is valid until March 20,2005 with the following special conditions:
1) You shall maximize the use of appropriate and effective methods to prevent excessive
sedimentation and avoid, to the extent practicable, impacting important or identffied
spawning habitat. Please consult with the appropriate local Colorado Division of Wildlife
Manager for any project considerations.
2) You must send a signed letter of certification to the Corps of Engineers within j0 dnys afier
completion of the work (see general condition number I4). A copy of the certification
statement is includedfor your use.
(2) To determine whether proposed building sites will be reasonably safefromflooding, and
that the structure will be in compliance with the applicable provisions for uses and
standards for construction set forth in this Resolution.
Response
The very intent of the bank stabilization project is to protect the existing single-family dwelling
from the eroding effects of the Roaring Fork River to the property.
(3) To determine if the proposed development is located in the floodway. If located in the
floodway, assure that encroachment provisions of Section 6.09,01(l)(A) are met.
Response
The proposed boulder rip rap retaining wall is located in the floodway at the edge of the river. Staff
as well as Resource Engineering find that the application meets the applicable requirements in
Russell Floodplain
Special Use Permit
BOCC - 03/08/04
Page 4
Section 6.08.01 of the Flood Plain regulations and the standards and criteria outlined in Section
6.09.01 and 6.09.02. (See Exhibit G).
(4)To assure that adjacent communities, the Colorado Water Conservation Board and
Federal Emergency Management Agency have been notified of the proposedwatercourse
alteration or relocation.
Response
There application was not sent to the Colorado Water Conservation Board and Federal Emergency
Management Agency because they regularly conduct audits of permits issued in Garfield County and
there is no net encroachment of the floodway cross sectional area and no change to the flood level
elevation.
(s)To assure that the carrying capacity of the altered/relocated watercourse is maintained.
(4.8s-2tr)
Response: The carrying capacity of the altered / relocated watercourse shall be maintained and shall
not be affected by the proposed improvements.
VI. ADDITIONAL COMMENTS
This section includes a response to the applicable review standards for development in the floodway
as set out in Section 6.09.01 Floodway:
(1) Prohibited Uses and Activities. 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 performance standards set forth in Section
6.0e.02(3).
Response
The applicant intends to perform cut and fill activities in this area along the existing right bank of the
Roaring Fork River and armor the bank at are-graded slope without a net encroachment of the flood
way cross sectional area. The filling of the cross sectional area of approximately 5 square feet along
the existing bank with large boulders embedded in the channel will not result in a decrease of
floodway area.
Russell Floodplain
Special Use Permit
BOCC - 03/08/04
Page 5
The fill will be below the average elevation of 6312.5 at the vertical midpoint of the existing bank. A
corresponding cut of the cross sectional area of approximately 6 square feet will be made along the
existing bank to establish a new top of bank approximately 2.5 feet back from existing. The cut will
be above the average elevation of 6312.5 at the vertical midpoint of the existing bank to a maximum
elevation of 6315.5. The new top of bank elevation will not exceed the existing elevations that are
approximately 2.5 to 3 feet below the 100-year flood plain elevation. The small filled area will have
no impact on the overall flow area of the Roaring Fork River during the 100-year or smaller flood
events. The Applicant's engineer states that the proposed improvements will not increase flood
levels in the floodway and therefore will result in a 0.00-foot rise in the flood elevation.
Resource Engineering reviewed the proposal and finds the application meets the applicable
requirements in Section 6.08.01 of the Flood Plain regulations and the standards and criteria outlined
in Section 6.09.01 and 6.09.02. (See Exhibit G)
(B) The storage or processing of materials that in times of flooding are buoyant,Jlammable,
explosive or otherwise potentially injurious to human, animal or plant ffi.
Response
This project will not result in the storage or processing of materials that in times of flooding are
buoyant, flammable, explosive or otherwise potentially injurious to human, animal or plant life.
(C) The disposal of garbage or other solid waste materials.
Response
This project will not result in the disposal of garbage or other solid waste materials.
(D) The plncement of any structures, either fixed or mobile, for purposes of human
occupation, either permanent or temporary.
Response
This project will not result in the placement of any structures, either fixed or mobile, for purposes of
human occupation, either permanent or temporary
(E) Any obstruction, which would adversely affect the efficiency of or restrict thetlow capacity
of a designated Jloodplain so as to cause foreseeable damage to others.
Russell Floodplain
Special Use Permit
BOCC - 03/08/04
Page 6
Response
The applicant intends to perform cut and fill activities in this area along the existing right bank of the
Roaring Fork River and armor the bank at a re-graded slope without a net encroachment of the flood
way cross sectional area. The filling of the cross sectional area of approximately 5 square feet along
the existing bank with large boulders embedded in the channel will not result in a decrease of
floodway area.
The fill will be below the average elevation of 6312.5 at the vertical midpoint of the existing bank. A
corresponding cut of the cross sectional area of approximately 6 square feet will be made along the
existing bank to establish a new top of bank approximately 2.5 feet back from existing. The cut will
beabovetheaverageelevation of 6312.5 attheverticalmidpointoftheexistingbanktoamaximum
elevation of 6315.5. The new top of bank elevation will not exceed the existing elevations that are
approximately 2.5 to 3 feet below the 100-year flood plain elevation. The small filled area will have
no impact on the overall flow area of the Roaring Fork River during the 100-year or smaller flood
events. The Applicant's engineer states that the proposed improvements will not increase flood
levels in the floodway and therefore will result in a 0.00-foot rise in the flood elevation. This has also
been verified by Resources Engineerins.
6.09.02 Flood Fringe/Flood Prone Areas
(3) Performance Standards, Thefollowingperformance standards mustbe metfordevelopmentin
the Flood Fringe or Flood Prone Areas:
(A) The lowest floor, including basement, of any new or substantially improved building
designed for residential occupancy shall not be less than one (l) foot above the maximum
water elevation of the 100 Year Flood,
Response
This project is a bank stabilization project and contains no residential component. This standard does
not apply.
(B) All new construction or substantial improvements shall be reasonably safefromJlooding.
Response
This project is a bank stabilization project and contains no residential component. This standard does
not apply.
Russell Floodplain
Special Use Permit
BOCC - 03/08/04
Page 7
(C) Any new construction or substantial improvement designedfor commerci.al or industrinl
uses shall either:
(i) Elevate the lowest floor level, including basement, to not less than one (l) foot above
the maximum water surfoce elevation of the 100 Year Flood; or
(ii) Provideflood-proofing irnprovements so that below an elevation of one (I)foot above
the maximum water elevation of the 100 Year Flood, the structure, together with attendant
uti@ and sanitary facilities, is water tight with walls substantially impermeable to the
passage of water. Structural components shall be capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy. Evidence shallbe submittedandcertifiedby
a registered professional engineer or architect that the Jlood proofing meet the standnrds
as set forth herein.
Response
This project is a bank stabilization project and contains no commercial / industrial components. This
standard does not apply.
(D) Any proposed development shall be reviewed by the Floodplain Administrator to insure
that the potentialforflood damage by the 100 Year Flood is minimized, that all public utilities
andfacilities are located, designed and constructed so as to minimize damage by the lhDYear
Flood and that adequate drainage is provided to reduce exposure to tlood hazards.
Response
The proposed bank stabilization rip rap wall shall be reasonably safe from the effects of flooding due
to the specified size and placement of the rock to be utilized in its construction. This amoring will
protect the embankment from future erosion and sedimentation of the river. The improvements will
prevent the potential collapse ofexisting trees near the bank and the resultant debris being carried
downstream
(E) All new construction or substantial improvements shall be designed and adequately
anchored to prevent Jlotation, collapse or lnteral rnovement, be constructed with materials and
util@ equipment resistant to Jlood damage, and be constructed by methods that minimize
Jlood damage.
Response
It is the intent of this project to stabilize the river bank with boulder rip rap in order to control bank
erosion. The boulder rip rap is an anchoring system intended to armor the bank.
Russell Floodplain
Special Use Permit
BOCC - 03/08/04
Page 8
(F) New or replacement water supply systems and sanitary sewage systems shall be designed
so as to minimize or eliminate infiltration offloodwaters. On-site individual sewage disposal
systems shall be located so as to avoid impairment of them or contamination from them
during a 100 Year Flood.
Response
There are not new or replacement water supply systems or sanitary systems proposed in the project.
(G) Within any area subject to sheetflow (Zone "AOt' on the Flood Insurance Rate Maps ) all
new construction and substantial improvements of residential structures shall have the lowest
floor, including basement, elevated above the highest adjacent grade of the nearest street to or
above the depth number specified on the Flood Maps. Any new construction or substantial
improvements of nonresidential structures in areas identified as subject to sheet flow shall
have the lowest floor, including basement, elevated above the highest adjacent grade to or
above the depth number specified on the Flood Maps, or, together with attendant utility and
sanitary facilities, be completely flood-proofed to or above the elevation of the water surface as
specified on the Flood Maps.
Response
This project is a bank stabilization project and contains no residential component. This standard does
not apply.
(H) Require that all manufactured homes or those to be substantially improved to be placed
within Zone A on a community's FEMA or FIRM shall be installed using methods and
practices which minimize Jlood damage. For the purposes of this requirement, manufactured
homes must be elevated and anchored to resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to
ground anchors. This requirement is in addition to applicable State and local anchoring
requirements for resisting windforces. A manufactured home should be elevated a minimum
of one (I) foot above the base flood level and anchored to the elevated foundation.
Response
This project is a bank stabilization project and contains no residential component. This standard does
not apply.
Russell Floodplain
Special Use Permit
BOCC - 03/08/04
Page 9
Section 9.03.05
Pursuant to section 9.03.05 of the Zaning Resolution:
Any Special Use Permits may be made subject to a periodic review not less than every slr
(6) months if required by the County Commissioners. The purpose of such review shall be
to determine compliance or noncompliance with any pedorrnance 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 Commissioners deem appropriate to make the review effective and
meaningful. 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 performance 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.
VII. STAFF FINDINGS
That proper posting and public notice was provided as required for the meeting before
the Board of County Commissioners.
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.
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.
That the application has met the requirements of Special Use (Sections 6.08.01 and
9:03) the Garfield County ZoningResolution of 1978.
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4.
Russell Floodplain
Special Use Permit
BOCC - 03/08/04
Page l0
VIL STAFFRECOIVIMENDATION
Staff recommends that the Board of County Commissioners APPROVE the Russell Floodplain
Special Use Permit for development within the 100 year floodplain, subject to the following
conditions:
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.
The Applicant slhall comply with the two specific conditions of the ArmyCorps of Engineers
as stated in their letter dated March 20,2003 and listed here:
You sherll maximize the use of appropriate and effective methods to prevent
excessive sedimentation and avoid, to the extent practicable, impacting important or
identified spawning habitat. Please consult with the appropriate local Colorado
Division of Wildlife Manager for any project consideration.
You must send a signed letter of certification to the Corps of Engineers within 30
days after completion of the work (see general condition no. l4).
1.
2.
b.
IIIIIITIITIITIIIIIIIIIIII
FIESbUrtcEO
ENGINEEFIING ING
Mr. Fred Jarman
Garfield County Building and Planning Department
108 Eighth Street, Suite 201
Glenwood Springs CO 81601
RE: Tom Russell- Floodplain Special Use Permit
February 26,2004
Dear Fred:
At the request of Garfield County, Resource Engineering, lnc. (RESOURCE) has reviewed the
Floodplain Special Use Permit application submitted by Tom Russell for a bank stabilization
construction project along the Roaring Fork River a|314 Flying Fish Road, Carbondale, Colorado.
Our comments are presented below.
An engineering analysis to support the application request was prepared by Sopris Engineering in
a report entitled Application for Special Use Permit for Bank Stabilization Construction on a
Parcel within the 100 Floodplaln, dated February 6, 2003. The analysis demonstrates that the
proposed bank stabllization project results in a 0.00 foot rise in the base flood elevation, no
change in the efficiency or capacity of the floodway or floodplain, and no adverse impact to
upstream or downstream properties. The proposed improvements are necessary to protect the
existing house on the property from future encroachment of the river. The proposed stabilization
project does not, and is not intended to protect the existing house from potential impacts from a
100 year flood event.
The Roaring Fork River is a very dynamic system that is constantly undergoing change through
erosion, sediment transport and deposition. Stabilization of the stream bank may result in a
change of the current river mechanics, but will not result in a demonstrable adverse impact to
other properties.
A Section 404 Nationwide General Permit No. 13 was issued for this project by the US Army
Corps of Engineers on March 20,2003. The project was assigned file No. 200375055 and the
permit is valid until March 20,2005.
Based on our review, we believe the special use permit application meets the applicable
requirements in Section 6.08.01 of the Garfield County Floodplain Regulations and the standards
and criteria outlined in Sections 6.09.01 and 6.09.02.
Please call if you have any questions or need additional information.
Sincerely,
RESOURCE Er{,42s, / ,tu,
Michael J. E
Water Engineer
MJE/mmm
885-19.0
E:\Client\885\t russell flood plain 885.doc
CC: Yancy Nichols, Sopris Engineering
Consulting Engineens and Hydnologists
9O9 Colonado Avenue I Glenrruood Spnings, CO 41601 a t97O)945-6777 I Fax (97O)9,45-1137
EXHIBIT
b
Fred Jarman
From: Steve Anthony
Sent: Wednesday, February 25,2004 4:27 PM
To: Fred Jarman
Subject: Tom Russell Flooplain Permit
Fred,
The Russell Floodplain application is acceptable and I do not have any comments or concerns.
Steve Anthony
31112004
Pooe 1 nf 1
