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HomeMy WebLinkAbout4.0 CorrespondenceGale Carmoney From: Fred Jarman Sent: Monday, June 18, 2012 8:31 AM To: Andrew Gorgey Cc: Gale Carmoney; Andrew Gorgey Subject: RE: Floodplain Permit Thanks, Drew. As always, I suspect there may be more to the story than Mr. Currier has presented. I have Gale and Andy meeting with me later on this AM. From: Andrew Gorgey Sent: Friday, June 15, 2012 5:54 PM To: Fred Jarman Subject: FW: Floodplain Permit Mike Samson asked me to ask you to call this guy, but let's first discuss Monday. From: Tom Jankovsky Sent: Friday, June 15, 2012 3:49 PM To: Fred Jarman Cc: Andrew Gorgey Subject: FW: Floodplain Permit Fred FYI, let me know what is going on. Regards Tom From: Paul Currier [mailto:pcurrier@wrc-Ilc.com] Sent: Friday, June 15, 2012 11:56 AM To: Mike Samson; Tom Jankovsky Subject: Floodplain Permit Mike and Tom, I thought you should know that 9 working days later, I'm still waiting on Gale Carmoney to issue a floodplain development permit for Iron Rose Ranch. Since the party that had asked for a hearing before the BOCC backed out at the 25th hour (after the BOCC meeting had started on 614112), and staff had already recommended issuance of the permit, I fully expected the permit next day. However, Gale e-mailed me last week with a question regarding activity on the property which I've not seen as I've not been to the property in months, implying that somehow, someway, it must be a code violation, and the he couldn't issue the permit until it was either explained or resolved. For the life of me, !can't figure out what his question has to do with issuing a permit. His question: it appears to be hay bales (big bales) stacked up against the fence on the property line (two bales high). Gale's e-mail says they're in the river. This much I do know: the fence isn't in the river, so neither are the bales. I do recognize the style of fence, and Pres a (can't verify), that its on Iron Rose Ranch. I do not know who took them, when or where. a"4/64 1 To me, this is anti -business and regulatory over reach. This permit application — something staff can literally approve in Tess than 30 minutes ... if... they want to — has been going on since early February. I would not have submitted a floodplain permit unless I knew I was 1,000 % correct that it was fully legal and in compliance with code. After all, my livelihood depends on getting these things right. The length of time its taken is... insanity. In this case, had we had a "real runoff," it would have cost Iron Rose Ranch, $100's ofthousa ds of dollars in erosion damage, even thou h we started the permit rocess in plenty of time to beat runoff. 0 • aub+n: µ Yh S Q ScA�,ww4F40;441.To i, -- 1,d be happy to speak with you further about it. Meanwhile, I'm not very pleased with the functional side of Planning Department, nor the convoluted Land Use Code. - Paul Paul C. Currier, P.E., CFM WATER RESOURCE CONSULTANTS, LLC 244 Hutton Ave. Rifle, CO 81650 (970) 618-3213 (970) 625-5433 (Fax) 2 IRON ROSE RANCH Garfield County Floodplain Development Permit Application Feb. 27, 2012 / Revised Mar. 23, 2012. Effective FIS Floodway, Jan. 3, 1986 overlain on Aug. 22, 2011 High Resolution Aerial Note: No irrigation ditches will be impacted — irrigation is via sprinkler Purple Dashed 2 Approximate extent of straw bale wall. EROSION PROTECTION In Flood Fringe — below and above grade EROSION PROTECTION In Floodway— below grade REGULATORY FLOGDWAY FLOOD PROTECTION Berm to minimize sheet flow around structures „n 42/ Culverts. . ~44.s. Livestock & Farm Access Crossing See Detail Oft 250 ft 500 ft 750 ft 1000 $.. AL I WATER RESOURCE CONSULTANTS, LLC Gale Carmoney From: Fred Jarman Sent: Saturday, March 03, 2012 8:10 AM To: Gale Carmoney; Andy Schwatier; Glenn Hartmann Subject: FW: Iron Rose Ranch - Floodplain Development Permit Application Attachments: Completed FP application 3-1-12.pdf Here's some constructive feedback for us. Not bad really, but helps us think about future changes. This is just an FYI, nothing more. From: Tom Jankovsky Sent: Thursday, March 01, 2012 5:49 PM To: Fred Jarman Subject: FW: Iron Rose Ranch - Floodplain Development Permit Application FYI From: Paul Currier [mailto:pcurrier@wrc-Ilc.com) Sent: Thursday, March 01, 2012 3:22 PM To: Mike Samson; Tom Jankovsky Subject: Iron Rose Ranch - Floodplain Development Permit Application Mike and Tom, hope you're up for a good laugh on Friday afternoon. Speaking of being business friendly.... (or not).... I submitted a simple Floodplain Development Permit to Gale and Glenn via e-mail. Gale's response is below, which is fair and reasonable. I like both Gale and Glenn. Both are trying to do their job, and do it well. However... I did things a little out of the ordinary, which sort of threw things for a Topp. Here's the summary: • The Floodplain Development Permit used to be a BOCC decision. The 2009 code rewrite improved things. Its now a staff decision. Score: Plus 1 • The 2009 Code rewrite. Oh my goodness. Phil Vaughan had me review the code rewrite when it was in process. Unfortunately, nothing we thought needed to be in the code got in there. It only became more convoluted. Score: - 2 • So now: the submittal is mostly boilerplate from the Development Permit, a "sign your life away promise to pay" notarized form, and what little technical submittals you want to submit. Score: + 0 • So being a mere 20 pages (attached), I e-mailed the permit request to them, and also asked if they truly wanted hard copies (doubtful). • And really went out of the norm, and dropped the application fee off in Rifle. Convenience: score +2. • Here's the interesting part. I was told in Rifle that "You do understand that Code requires you to print and submit 3 hard copies." Score: -2 Ok, 1 can see that if it includes oversized drawings, or a 6" thick binder. But for a simple file that can be e-mailed and easily printed? We're not getting too many green or business friendly brownie points there. BTW, the Corps of Engineers now requires that all submittals be via e-mail. I figure if they can do it, the Planning Department can to. My customer satisfaction survey: 1 - Friendliness: great - Professional: good - Able to accommodate: reasonable - Permission given to think outside the box: - Paul Paul C. Currier, P.E., CFM WATER RESOURCE CONSULTANTS, LLC 244 Hutton Ave. Rifle, CO 81650 (970) 618-3213 (970) 618-5433 (Fax) uhm, .... not so much. From: Paul Currier [mailto:pcurrier@wrc-Ilc.com] Sent: Thursday, March 01, 2012 3:06 PM To: 'Gale Carmoney'; 'Glenn Hartmann' Cc: 'rjo'; 'Molly Orkild-Larson'; 'Carey Gagnon' Subject: Iron Rose Ranch - Floodplain Development Permit Application Thanks, Gale. I dropped the check off with Molly. - Paul Paul C. Currier, P.E., CFM WATER RESOURCE CONSULTANTS, LLC 244 Hutton Ave. Rifle, CO 81650 (970) 618-3213 (970) 618-5433 (Fax) From: Gale Carmoney [mailto:gcarmoney@garfield-county.com] Sent: Thursday, March 01, 2012 1:34 PM To: pcurrier@wrc-Ilc.com; Glenn Hartmann Cc: rjo; Molly Orkild-Larson; Carey Gagnon Subject: RE: Iron Rose Ranch - Floodplain Development Permit Application Paul We strive to be as user friendly and accommodating as we can but submitting an electronic application and paying at the Rifle office is a bit out of the norm for us. We usually get 3 paper copies up front; one for the planner to review, one for our attorney's office to review, and one for the public files. When the application first comes in it is processed at the front desk so it can be assigned a project # and payment is due at submittal, then the application is distributed to the appropriate parties. After the Attorney's office and the planner have reviewed the application we send comments to you on the completeness of the application and whether or not it is ready for formal review, which is when the clock starts to tick on the application timeline. 2 Additionally, you should have a copy of the pre -app letter in your application so whichever planner is assigned the application will know there was a pre -app meeting. I know this is not what you may have done in the past because Fred and Andy handled an emergency application for you last time but this is normally how things are done. I will forward the copy you sent to the attorney's office and see if they are okay with this as the initial submittal to determine if the application is complete. If they say go ahead, then we can process the app, but without a recorded payment and project number they may balk at this process. That my brother, is government bureaucracy at its finest. Stand by for follow up communications. Gale Carmoney CARCO Bldg & Planning 970-945-8212 From: Paul Currier [mailto:pcurrier©wrc-Ilc.com] Sent: Thursday, March 01, 2012 11:06 AM To: Glenn Hartmann Cc: Gale Carmoney; 'rjo' Subject: iron Rose Ranch - Floodplain Development Permit Application Glenn, As discussed at our Pre -App meeting last Thursday 2/23112, please find attached a completed and signed Floodplain Development Permit Application for Iron Rose Ranch, LLC. Let me know if you want me to print out hard copies to deliver to your office. Otherwise, I'iI just drop the check off with Orkild at the Rifle planning office. - Paul Paul C. Currier, P.E., CFM WATER RESOURCE CONSULTANTS, LLC 244 Hutton Ave. Rifle, CO 81650 (970) 618-3213 (970) 618-5433 (Fax) 3 Gale Carmoney From: Carey Gagnon Sent: Friday, March 16, 2012 2:12 PM To: Gale Carmoney Cc: Fred Jarman Subject: Iron Rose Ranch - FDPA 7167 Gale: You asked me to review this application for any legal issue that affect technical completeness. There are a couple holes that I would like to see filled before the applicant has authority to process this application on behalf of the property owner. First, the Special Warranty Deed and Warranty Deed show that the property is owned by,Tfie Bailey Family Investment Company" not "Iron Rose Ranch." This means that we need: (1) A recorded Statement of Authority identifying who is authorized to act on behalf of The Bailey Family Investment Company, and then letters of authorization for the various representatives signed by that same individual; or (2) A deed or other legal documents showing that Iron Rose Ranch owns the property or has authority to act on behalf of The Bailey Family Investment Company (e.g. it's a DBA or subsidiary of the property owner). cqz.,I,4.[prw'a 1;0.2<<+ F u rw� �fGts, If the applicant proceeds with option (2), then we will also need the Statement of Authority for Thoma Bailey to be recorded with the Clerk and Recorder, and we will need some clarification on authority to represent as follows: The only individual, so far, who is authorized to represent Iran Rose Ranch is Robert O'Brien with AquaTerra Services, LLC. Yet, the application was submitted by Paul Currier of Water Resource Consultants, LLC. What is the relationship between AquaTerra Services and Water Resource Consultants? Has AquaTerra subcontracted with WRC to process the application? If this is the case, then we need a letter of authorization from AquaTerra authorizing WRC to act on its behalf. eywUir F.t.""^AQpv*.d2" i b ICu- '6r7r Will co 4- A T Finally, I acknowledge that this may put you in a tough spot because it is my understand that the county previously processed a request from this applicant and none of the above information was required. (I did not review ownership or authorization documents for that request.) I would argue that the county's liability in that case would have been r mitigated the fact that it was an emergency situation. In this case, however, it is not an emergency and I am requested they comply with the standards that all applicants are required to comply with to assure the county (and eliminate county liability) that they are acting with the appropriate authority to do so. a -.:-f Other than these ownership/authorization issues, I am fine with the Deeds as evidencing ownership of the parcels issue, and I have no other TC issues. Thanks, Gale. Please let me know if you have any questions. Carey Carey Gagnon Assistant County Attorney Garfield County Attorney's Office 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 Phone: 970-945-9150 Fax: 970-384-5005 or( Ula''`✓..Grp 04,10,-i? t,�vr /SlVLX piL/12/0( 10114k/11'4 qc' te, "" �'% CONFIDENTIALITY STATEMENT: This message and any attachments are confidential and intended solely for the use of the individual or entity to which it is addressed. The information contained herein may include protected or otherwise privileged information. Unauthorized review, forwarding, printing, copying, distributing, or other use of such information is strictly prohibited and may be unlawful. If you have received this message in error, please notify the sender by replying to this message and delete the email without further disclosure. 2 Fred Jarman From: Tom Jankovsky Sent: Friday, June 15, 2012 3:49 PM To: Fred Jarman Cc: Andrew Gorgey Subject: FW: Floodplain Permit Fred FYI, let me know what is going on. Regards Tom J From: Paul Currier [mailto:pcurrier©iwrc-Ilc.com] Sent: Friday, June 15, 2012 11:56 AM To: Mike Samson; Tom Jankovsky Subject: Floodplain Permit Mike and Tom, thought you should know that 9 working days later, I'm still waiting on Gale Carmoney to issue a floodplain development permit for Iron Rose Ranch. Since the party that had asked for a hearing before the BOCC backed out at the 25th hour (after the BOCC meeting had started on 614112), and staff had already recommended issuance of the permit, I fully expected the permit next day. However, Gale e-mailed me last week with a question regarding activity on the property which I've not seen as I've not been to the property in months, implying that somehow, someway, it must be a code violation, and the he couldn't issue the permit until it was either explained or reolved. For the le of me, I c n't figure out what his question has to do with issuing a ermit. - /-4-0-0 or.SaL...) e., - Ga JO w His ques on:f ? t appears to gie haybales (bigbales)stacked upagainst the fence on the roe line(two bales high). PP g property rtY Gale's e-mail says they're in the river. This much I do know: the fence isn't in the river, so neither are the bales. I do recognize the style of fence, and pres me (can't verify), that its on Iron R se Ray h. l d not know who to k them, when or where. 1DAM-0 -r....4.. tc--(P-t. c -I it -Plc') To me, this is anti -business and regulatory over reach. This permit application - something staff can literally approve in less than 30 minutes ... if... they want to - has been going on since early February. I would not have submitted a floodplain permit unless 1 knew I was 1,000 % correct that it was fully le • al and in com.!lance with code. After all, m livelihood depends an getting these things right. y7.__. frw L A gs_ L awe b(.&. The length of time its taken is... insanity. In this case, had we had a real runoff," it would have cost Iron Rose Ranch, $100's of thousands of dollars in erosion damage, even though we started the permit process in plenty of time to bea runoff. I'd be happy to speak with you further about it. Meanwhile, I'm not very pleased with the functional side of Planning Department, nor the convoluted Land Use Code. - Paul Paul C. Currier, P.E., CFM WATER RESOURCE CONSULTANTS, LLC 244 Hutton Ave. Rifle, CO 81650 (970) 618-3213 (970) 625-5433 (Fax) S �+' t a 0,)4("A-44 IrLt TP442t 1