HomeMy WebLinkAbout3.0 BOCC Staff Report 04.07.1997REQUEST: BOCC 4/7/97 PROJECT INFORMATION AND STAFF COMMENTS Floodplain Special Use Permit for the excavation and placement of fill within the floodplain of the Colorado River/Helmer Gulch. APPLICANT: Allenman, Nicholas, Campbell L.L.C. LOCATION: A tract of land located in portions of Sections 17, 19 and 20, T6S, R93W of the 6th P.M.; south of Interstate 70 and north of the Rifle Village South subdivision, approximately one (1) mile -est of Rifle. SITE DATA: 79.0 Acres +/- WATER: N. A. SEWER: N. A. ACCESS: Access to County Road 320, through the Rifle Village South subdivision EXISTING ZONING: A/I I. RELATIONSHIP TO THE COMPREHENSIVE PLAN The subject tract is located in District F - Floodplain/Severe Environmental Constraints as designated by the Garfield County Comprehensive Plan's Management Districts Map (1981). II. DESCRIPTION OF THE PROPOSAL A. Site Description: This 79.0 acre tract is located south of Interstate 70 , immediately north of the Rifle Village South subdivision. The majority of the tract is reasonably level and fully contained within the 100 -year floodplain of the Colorado River, except for some steeper hillsides on the south portion of the property adjacent to the subdivision. It appears the primary type of vegetation on the tract is various grasses, with a few cottonwoods and some wetland areas located on portions of the tract See vicinity map, page S . • B. Development Proposal: The applicant is requesting the issuance of a Floodplain Special Use Permit to allow the excavation of river gravels and the placement of fill within the 100 -year floodplain of the Colorado River. The applicants propose to excavate an area of approximately three (3) acres at the west end of an existing lake and use the material taken out to use as fill for some proposed additional recreational facilities. The excavation will be 6 to 8 feet deep and will result in the extension of the existing lake 450 feet. The proposed lodge will be built at least two feet above the existing ground level to meet the minimum requirements for the placement of a structure in the floodplain fringe. See sketch map and application, pages `-' . III. MAJOR ISSUES AND CONCERNS A. Floodplain: The site of the proposed operation is within the regulated floodplain of the Helmer Gulch, which is tributary to the Colorado River. Section 6.00 of the Garfield County Zoning Resolution requires an approved Special Use Permit for any development within a regulated floodplain. The purpose of the Special Use Permit review is to assure compliance with various applicable county, state and federal regulations as well as reviewing relevant technical issues. The floodplain in this area has been mapped as a Special Flood Hazard Area. See the floodplain map, page '/0 • . These are areas of shallow flooding to a depth between 1.0 and 3.0 feet or areas of 100 year alluvial fan flooding. The Helmer Gulch area appears to be an area of alluvial fan flooding. B. Requirements of Section 6.08: The purpose of staff review under the Floodplain Regulations and the necessity of issuing a Special Use Permit include the following criteria: 1. To assure that all necessary permits have been received from those governmental agencies from which approval is required by federal or state law; To determine whether the 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 the Zoning Resolution, specifically provisions of Section 6.09.01; 3. To determine if the proposed development is located in the floodway; 4. To assure that adjacent communities, the Colorado Water Conservation Board and the Federal Emergency Management Agency have been notified of the proposed watercourse alteration or relocation; 5. To assure that the carrying capacity of the altered/relocated watercourse is • • 5. To assure that the carrying capacity of the altered/relocated watercourse is maintained. Consistent with these requirements, the applicant has submitted the following information: a) The applicants have consulted with the Army Corps of Engineers (ACE) to determine the boundaries of nearby or affected wetlands and is essentially avoiding the wetland areas. The Corps of Engineers has authorized the proposed dredging under a nationwide permit and require a certification of the work once the work is completed. See permit, pages 11 • b) At this time, a building site is identified on the proposed fill. The application is to allow the excavation and fill of an area that, presumably, would later be developed. If a Colorado professional engineer provides certification that this area is totally elevated above the 100 -year floodplain, then no future Floodplain Special Use Permit would be required for the proposed lodgex c) The floodplain analysis concluded that the proposal would only affect the lower portion of the Helmer Gulch floodplain and will not affect any down stream property. d) No watercourse relocation or alteration is proposed; C. Related Issues: The City of Rifle has verbally advised staff that the proposed relocation of a sewer line is being discussed. At the time of the staff report being written there was no agreement in place to allow for the relocation of the line. Without this agreement, the proposed fill cannot proceed forward. Staff recommends a condition of approval require that the applicant's provide a copy of a letter or agreement with the City of Rifle to relocate the sewer line. IV. SUGGESTED FINDINGS S 1. That proper publication and public notice was provided as required by law for the hearing before the Board of County Commissioners. 2. That the hearing 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 hearing. 3. That the application is in compliance with the Garfield County Zoning Resolution of 1978, as amended. • 3- • • 4. For the above stated and other reasons, the proposed use is in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. V. RECOMMENDATION The proposed floodplain permit is technically separate from the proposed resort Special Use permit and is also a technical exercise done by a hydraulic engineer. Staff recommends APPROVAL of the Floodplain Special Use Permit, pursuant to the following conditions: 1. That all representations of the applicant, either within the application or stated before the Board of County Commissioners, shall be considered conditions of approval. 2. The Special Use Permit shall be issued when all conditions of approval are met and shall expire 360 days after issuance, unless the operation has commenced. 3. That all construction be in accordance with the engineering specifications and comply with the provisions of the Army Corps of Engineers nationwide permits for this type of floodplain/wetland development. 4. That an engineer design the foundation for the proposed lodge to insure that it meets the floodplain regulations and that an "as -built" elevation certificate be provided to the Building Department prior to the issuance of a certificate of occupancy. 5. That no material will be transported off of the site and sold commercially to any other entity. % l e0 4b�' K. lD9// ,°d,,, �%�!—�, i ,,,,,/ �� et- ,/,G ,--'04-- , & 0 /Gj�,�� rG/ 1 /om G'cr 74 y .---e-e.t.)6, I 1 ili ce aii-e_ite ---7) et---)frytA_ ,,<, P}V "A'IL1/11 y • 5723 /%—"rI \ . C. v 1 Range 93 W. a• - 5�� J Frate�•l-' P.ese ivo t r +5435 i —L--..-_-. -- •a Il 11 u 11 11 t FL,. eoc Pre fan La-ine int Township 6 S.1• \\1 • II Interstate 70 16, • ! .I •I Toueye Lake j Rifle Village South FiIg'r• c );{� 1 I � Standpic I GENERAL LOCATION MAP TOUEYE LAKE SCALE. 0A7E ISHEET 1•=2000' FE=.. UAFY 12, 1997! 1 CF 2 P.=d'S:CN MACE CHKC FP'D C.AL'1N ICHXD IAFFD PLAN EY Ev ( EY TLL 0.1 cm 9"-'"•'c= G'—�oea .6=1,...0.1, 10C: . 1CM 17,00-. 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ENGINEERING CONSULTANTS February 19, 1997 Mr. Mark Bean Garfield County Planning Department 109 Eighth Street Glenwood Springs, CO 81601 RE: #95223 Lake Toueye - Lake Expansion Flood Plain Analysis Dear Mark: (970) 945-5700 (970) 945-1253 Fax This letter has been prepared to discuss the effects to the flood plain from proposed construction activities and improvements related to the enlargement of Lake Toueye and the relocation of an existing sewer line. Lake Toueye (formerly known' as Anderson Pond) is located in Garfield County, Sections 17 & 20, Township 6 South, Range 93 West of the 6th P.M. The approximate location of the lake is shown on the attached General Location Map Figure 1. The lake is Generally located southwest of the City of Rifle, is bordered on the north by Interstate 70, and on the south by the Rifle Village South subdivision. Lake Toueye is the result of gravel mining excavation activities and is below the original around surface on the property. The lake has been utilized for water skiing activities over the last several years. The proposed expansion of the lake involves increasing the surface area by approximately 3 acres to improve water skiing accessability. The expansion of the ski lake will involve excavation below the existing ground surface to a maximum depth of between 6 to 8 feet. The future development of the property could also include the construction of a dub house facility, boat docks, and skier facilities on the northern shoreline. The proposed expansion of the lake and the development of the water ski facility is shown on the attached Sheet No. 1. Review of the flood insurance rate map for Garfield County Panel No. 0802051353-B (see attached map) indicates that the area for the proposed lake expansion is within the designated 100 year flood plain. The proposed areas of activity are within -Zone AO which is classified as having a water depth of one foot (above existing ground surface elevations) s Page 1 Attachment F or.7— and a velocity of four feet per second. We believe this area is classified as "floodway fringe" and not floodway. Review of the mapping indicates the floodplain is a result of bank overtopping of Helmer Gulch. Some shallow flooding from the Colorado River is, also possible. The analysis for Helmer Gulch in the Flood Insurance Study did not involve standard hydraulic modeling efforts, but rather was analyzed based on alluvial fan flooding techniques applied to the area below the mouth of the canyon at Rifle Village South. We believe the large blanket coverage of Area AO in the mapping was conservatively overestimated. This includes areas in the Rifle Village South development. Nonetheless, the proposed improvements at the lake must not increase flood levels to both upstream and downstream properties. Due to the nature of the improvements at the lake, the proposed activities will not increase any backwater conditions that will affect upgradient landowners. We believe excavation for the new lake area would provide additional detention storage capability above the normal water line and therefore improve existing flood plain conditions. Excavated material from the lake will either be hauled from the site, deposited in the deeper portions of the existing lake, or be placed as fill on the property. Material placed in the lake or hauled from the site will have no effect on the flood plain characteristics. Material placed on site could potentially increase water levels locally at the site but should not increase the timing or magnitude of flows to downstream locations. It is our opinion that other than local effects to the site the proposed activities do not present any increased flooding hazards to downstream locations. To protect on site improvements at the lake we recommend that the club house facility have the lowest floor elevation be constructed a.minimum of two feet above the existing ground elevation. This elevation for the proposed clubhouse would be approximately 5274' which would also place the structure above the adjacent Colorado River 100 -year flood elevation of 5272' which was extrapolated to the property from the flood insurance maps. Page 2 •gm. • • If you have any questions, please call our office at (970) 945-5700. Very truly yours, Zancane!!a :._ociates Inc. Christophefr Manera, P.E. Thomas A. Zancanella, P.E. President W/encl cc: Mr. Lee Alleman Mr. Steve Campbell Mr. Ron Liston Ms. Sherry Caloia �_ ''flcodoln�r:pd • °age 3 'TAILED iTUDY ZONE C RM3 19 30 LIMIT OF DETAILED STUDY v ZONE C ZONE AO oE�T� II ----------,,,,,..„NR,EI.". C1TY.6 F751 (J/ 29 20 y i GARFIELD REPLY TO ATTENTION OF Regulatory DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO, CALIFORNIA 95814-2922 March 3, 1997 Branch (199775057) Mr. Thomas Zancanella Zancanella and Associates, Post Office Box 1908 1005 Cooper Avenue Glenwood+ Springs, Colorado Dear Mr. Zancanella: Incorporated 81602 We have reviewed your plan for expanding Lake Toueye and stabilizing a bankline segment of the lake. The project site is located in Sections 17 and 20, Township 6 South, Rake 93 West, Garfield County-, Colorado. This project will have r____... al i ndividual and cumulative effects on the acl.atic environment. We have also made a "no effects" determination on en_anaered species. The Coros of 3.naineers, Sacramento to District, has issued Reaional General Peri_ Number G_`_ to authorize certain limited discharges cf dr_yed material associated with minor excavation projects. Based oncur review of the information submitted, the Pxo vation aspect (less than 250 c.-bic yards) cf the project is aut_h_crized bv this re icna- subject to the enclosed Permit conditions. All of the dr_y material, excluding the amount fc-`'he bank stabil_zationwork will be placed in an utiand di ocsal site . The Chief cf Engineers has also issued nationwide ceneral permit number 13 for bank _ _ab____a_ion. Your limted bank stabilization project (less than520 __=t and less than an av=raae of one cubic vard _ _ unn_ng foot) can be const-rI-:cted under this authority provided the work meets the enclosed terns and conditions cf the permit. We _rote that you will be s:.riaaing willow cuttings a! one the reconstructed bankline ne to create a -re -rated shoreline and to promote added stability. s• ned certification,.. - letter for this purpose. These aut._oi_zat_cns will be valid until March 3, 1999. We assi, lei number 1997 1535/ to your Project. Please defer to this number in any correscondence with :his office. If your plan co wcr.m xtends beyond March =, 1999, you must contact this office you will submit office. I am enclosing a blank a form • • to receive an extension. If you have any questions concerning these authorizations, please contact me at (970) 243-1199, extension 11. cerely, Vv` Mc ure ef, orthwestern Colorado Regul tory Office 4 _ :.od Avenue, Room 142 Junction, Colorado 81501-2563 Grand Enclosures Copies Furnished: Mr. Bill Clark, Colorado Division of Wildlife, 711 Independent Avenue, Grand Junction, Colorado 81501 Ms. Sarah Fowler, U.S. Environmental Protection Agency, BEPR-EP, 999 18th Street, Suite 500, Denver, Colorado 80202-2466 ?:r. Rick Kruecer, U.S. Fish and Wildlife Service, 764 Horizon Drive, South Annex A, Grand Junction, Colorado 81506-3946 Mr. Mark Sean, Garfield County, 109 8th Street, Suite 303, Glenwood Scrincs, Colorado 81601 iA , P.O. Box 1908 1005 Cooper Ave. lenwood Springs, CO 81602 • Z4r CANELL4 SND 455OC14TE5, ENGINEERING CONSULT/1NT5 February 17, 1997 Ms. Susan Nall Department of the Army Northwestern Colorado Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, CO 81501-2563 Re: Lake Toueye 199575420 Dear Ms. Nall: f� (970) 945-5700 (970) 945-1253 Fax In accordance with the Grady McNure letter dated January 23, 1997, Zancanella and Associates, Inc., is requesting that a Regional General Permit Number GP -045 or Nation Wide Permit #13 be issued for the work proposed at Lake Toueye in Rifle, Colorado. The permit applicants would be: 1. Applicant and Owner: Alleman, Nicholas, Campbell, L.L.C. P.O. Box 1 103 Minturn, CO 81645 2. The proposed work would be to enlarge the existing Lake Toueye by approximately 3.0 surface acres. Tne material to be excavated is comprised mostly of pit run crave! 6 inches to 18 inches in diameter. We estimate that there will be approximately 9" cf top soil or approximately 3,600 yards. In addition, there will also be approximately 17;000 yards of pit run gravel material. The material will be excavated from the area shown on the attached map and will be deposited on the upland areas desicna:ed for fill. (See Figure 1) The Lake Toueye Ski Club would also like to place some of the fill along the bank of the existing lake to flatten the slope cf the lake bottom and improve bank stabilization. This lake was originally constructed as a gravel mine. The existing lake banks are steep and slough into the lake on a regular basis. This prevents the establishment of vegetation which would provide wetland type habitat. We believe this till could be authorized under a Nation Wide Permit #13. If this is not possible, then we are prepared to place the material excavated from the proposed lake expansion in the upland areas shown in Figure 1. Page 1 • '3 , Attachment I The proposed lake expansion will divert water from groundwater sources for evaporation. An augmentation plan approved by the Division 5 water court in Case 95CW147 has been obtained to replace these evaporative losses. The evaporative losses are estimated to be as Month Net Evaporation (Acre feet) Jan. 0.058 Feb. 0.135 Mar. 0.504 Apr. 0.920 May 1.275 Jun. 1.641 Jul. 1.630 Aua. 1.219 Sept. 0.936 Oct. 0.467 Nov. 0.167 Dec. 0.048 Total: 9.0 AF 3. The proposed Lake Toueye is located approximately centered on the Section line between Section 17 and 20, Township 6 South, Range 93 West of the 6' P.M. (see attached location mac - Ficure 2) 4. The name and address and telephone numbers of the adjacent landowners are attached in Table 1. The plan (Figure 1) and typic=1 crmss section (Figure 3 ) for the proposed work are also attached. • • Thank you for your assistance. If you have any questions, please contact our office at (970) 945-5700. Very truly yours, Zancanella and Associates, Inc. I In .A -A. Thomas A. Zancanella, P.E. President cc: w/enc! Lee Alleman Steve Campbell Sherry Caloia Ron Liston colodeotitr Page 3