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REQUEST:
•
PROJECT INFORMATION AND STAFF COMMENTS
BOCC 9/9/96
Floodplain Special Use Permit for the
excavation and placement of fill within the
floodplain of the Colorado River.
APPLICANT: Wayne Rudd
LOCATION:
A tract of land located in Section 16, T6S,
R93W of the 6th P.M.; south of the Interstate
70 rest area near Rifle.
SITE DATA: 11.7 Acres +/-
WATER: Will not be used
SEWER: Will not be used
ACCESS: Direct access to County Road 320
EXISTING ZONING: A/I
ADJACENT 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 11.7 acre tract is located southeast of the Interstate 70 Rest
Area, immediately south of Rifle, and west of County Road 320. The tract is
reasonably level and fully contained within the 100 -year floodplain of the Colorado
River. It appears the primary type of vegetation on the tract is weeds with a few
cottonwoods and some wetland areas located on the western portion of the tract See
vicinity map, page 5 .
• •
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 applicant has represented
that there is no intention of selling the excavated material and that it would be solely
used as fill material on the subject tract and an adjacent parcel, which is also owned
by the applicant. A pit, approximately 20 feet deep would be excavated for the fill
material, in an area of approximately three (3) acres, and it would also be necessary
to construct an access road from CR 320 across a portion of the wettnd area, that
would be culverted with a 24 inch culvert. See sketch map, page
III. MAJOR ISSUES AND CONCERNS
A. Floodplain: The site of the proposed operation is within the regulated floodplain of
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 section of the Colorado River has been surveyed and mapped
and thg floodway and flood fringe areas determined. See the floodplain map, page
.. g . It appears the location of the areas proposed to be excavated and filled
are solely contained within the flood fringe portion of the Colorado River.
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;
2. 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
maintained.
• •
Consistent with these requirements, the applicant has submitted the following
information:
a) The applicant has represented that he has consulted with a wetlands delineator
and a representative of the Army Corps of Engineers (ACE) to determine the
boundaries of nearby or affected wetlands and is essentially avoiding the
wetland areas. However, it appears that a nationwide permit would be
required to allow one or two crossings wit in the affected area, which has
recently been issued. See permit, pages `PId .
b) At this time, no building sites are being specified. 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. This may require the creation and
approval of an updated floodplain map, specific to this area.
c) The floodplain study concluded that the proposal would only affect the flood
fringe of the 100 -year floodplain of the Colorado River in this area.
d) No watercourse relocation or alteration is proposed;
e) Technically, it should be required that no more fill material is placed in the
flood fringe area than is excavated from the flood fringe. This provision
would help to ensure that the carrying capacity of the 100 -year flood would
be maintained. See engineer's letter, pages 'PI 1„, .
C. Related Permits: The City ofRifle has recently issued a permit for a similar operation,
allowing the placement of fill in an area of the 100 -year floodplain that is under the
City's jurisdiction. Staff notes that, according to the City's regulations, the
compaction of the fill must be verified by the City Engineer as it is being placed, See
letter and permit, pages / 3 1 . The County has no similar requirement. Staff
recommends a condition of approval require that the applicant's engineer provide this
service and provide an "as -built" elevation certificate upon completion.
D. Mineral Rights: The applicant owns the surface rights to the subject tract; however,
it appears the applicant may not own the mineral rights associated with the subject
tract, and gravel is considered a mineral. If this is the case, then the applicant will be
required to obtain the mineral rights or, at a minimum, obtain permission to use them,
prior to the approval of the SUP. Staff recommends this issue be decided before any
action is taken on the issuance of the SUP. See title commitment, pages.
Additionally, the A/I zoning of the tract would allow, upon the issuance of a Special
Use Permit, the extraction [gravel pit] of the gravel resource, which in staffs opinion,
underscores the importance of obtaining the legal right to extract the material.
_3.
•
IV. SUGGESTED FINDINGS
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.
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
Based on this analysis, staff recommends this request be continued to allow the applicant time
to demonstrate he has the authority to use the materials that would be excavated. If at the
time of the public hearing the applicant satisfactorily demonstrates his legal right to use the
materials, then 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.
That the compaction of the fill material shall be field verified by the applicant's
engineer, as it is being placed, and the engineer shall provide an "as -built" elevation
certificate upon completion.
5. That the total cubic amount of -fill material placed in the floodplain shall not exceed
the total amount of cubic material excavated from the floodplain.
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HIGH COUNTRY ENGINEERING, INC.
923 COOPER AVENUE
GLENWOOD SPRINGS, CO 81601
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9-0E-1996 11:31AM
REPLY TO
ATTENTION OF
FROM RUDD CONST. INC. 970 927 4027
• •
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95814-2922
August 30, 1996
Regulatory Branch (199675296)
Ms. Elisabeth A. Benjamin
Wright Water Engineers
2490 West 26th Avenue, Suite 100A
Denver, Colorado 8021.
Dear Ms. Benjamin:
we are responding to your requests, on behalf of Roland
Parker, for verification of a jurisdictional wetland delineation
and a Department of the Army permit on the Rudd Property in
Rifle. The subject property is located northwest of the 1-70
interchange near the rest area south of the Colorado River within
the W 1/2 of Section 16, Township 6 South, Range 93 West,
Garfield County, Colorado.
Based on a site inspection by Susan Nall of this office on
June 27, 1996, we determined that your wetland boundary
delineation is accurate with inclusion of a small ponded area on
the east end. This area was included in the wetland mapping.
The plan referenced below is an accurate depiction of the limits
of Federal jurisdiction under Section 404 of the Clean Water Act.
The plan is labeled:
Figure 2
Rudd Rifle Property
Revised Date August 4, 1996
This verification is valid for a period of five years from
the date of this letter and is based on information supplied by •
you. If that information proves to be false or incorrect, we
will adjust our determination accordingly.
Two access crossings are proposed on the property that will
impact wetlands. The Chief of Engineers has issued nationwide
general permit number 14 which authorizes the discharge of
dredged or fill material in waters of the United States for minor
road crossings. Based.on our review, the crossings can be
constructed under this authority provided the work meets the
conditions listed on the enclosed information sheets.
P. 2
9-05-1996 11:32AM FROM RUDD CONST. INC. 970 927 4027
• •
This permit verification will be valid until January 21,
1997. You should contact this office if work will extend beyond
this date. We have assigned number 199675296 to this
determination. Please contact Ms. Nall and refer to this number
if you have any questions at (970) 243-1199 or the address below.
Sincerely,
Grady L. McNure
Chief, Northwestern Colorado
Regulatory Office
402 Rood Avenue, Room 142
Grand Junction, Colorado 81501-2563
Enclosure
Copies Furnished:
/Mr. Roland Parker, Rudd Construction Inc., 0132 Park Avenue,
Basalt, Colorado 81621 } f vAiaLQ__
Mr. Mark Bean, Garfield County, 109 8th Street, Suite 303,
Glenwood Springs, Colorado 81601
P. 3
Revised August 12, 1996
Garfield County Planning
Attn: Mr. Mark Bean
109 8 h Street, 3rd Floor
Glenv)ood Springs, Co 81601
' I
RE: Floodplain Development Permit Application -Amendment
Rudd Property near Rifle Interchange
HCE Job No. 96039.01
Dear Mark:
This letter constitutes a request for a Floodplain Development Permit to allow excavation of
gravel and placement of fill material in an atea that is within the established 100 year
floodplain of the Colorado River. The entire area is within the flood fringe, no part of the
property is located in the floodway. The material excavated will be for the use of the applicant
and will not be sold. Some of the material excavated is planned to be used for filling on the
sante property. The property is located south of the Colorado River, in Section 16, Township
6 South, Range 93 West, please see the enclosed vicinity map. The property is found on the
Flood Insurance Rate Map, Community -Panel Number 080205-1353B-1354, and a copy of the
pertinent portion of that map is enclosed. A plan of the property is enclosed which shows the
area of proposed excavation, the access road, and the wetlands boundary. The remainder of
the site is proposed to have fill material placed with depths up to approximately three feet. We
expect the fill placed to have an average depth of approximately two feet.
In addition, we have enclosed the following supplemental information:
Application Form
Portion of Accessors Map # 2117-163 (8.5" x 11")
Flood Insurance Rate Map and Floodway Map
List of Adjacent Property Owners
Site Map representing property and proposed conditions (11" x 17")
Title Commitment
923 Cooper Avenue • Glenwood Springs, CO 81601
Telephone: (970) 945-8676 • FAX: (970) 945-2555 *0 / (
Garfield County Planning
Aug st 12, 1996
Pagel
The Ipplicant has already met with a wetlands consultant and the Corps of Engineers regarding
wetlands, and is essentially avoiding the wetlands mapped on the property. However, a
nationwide permit will still be required for one or two crossings. The applicant is currently
pursuing obtaining a letter from the Corps that the crossing(s) qualify for a nationwide permit.
If you have any questions or need additional information, please call.
Sincrely,
HIGi COUNTRY ENGINEERING, INC.
T' othy P. Beck, P.E.
P incipal Engineer
TPB:djw
enc.
cc w/ enc.: Roland Parker, Rudd Construction
./ 2.•
P.O. Box 1908
•
CITY OF RIFLE
625-2121 Rifle, CO 81650
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
October 3, 1994
Mr. Wayne Rudd
Rudd Construction, Inc.
0132 Park Avenue
Basalt, CO 81621
Dear Mr. Rudd:
Enclosed please find an executed copy of the Flood Plain Development Permit for your parcel
adjacent to the I-70 Interchange and Highway 13.
Our regulations require that I field verify compaction of the fill material as it is being placed.
Please advise me when you plan to commence the filling process.
Additionally, I will need a set of plans marked "As -built" for our file once the filling is
complete.
Sincerely,
Tim Moore
City Engineer
TM: emb
encl.
-/ 3
FLiir PLAIN DEVELOPMENT PE r
APPUCATION INFORMATION
- 9°.2.0.4/.
Lot 4 Caldwell Subdivision CATS 6/2/94
• PARCEL NUMBER and Rifle Rest Area PERMIT NUMBER_
OWNER LYayae TELEPHONE 927-9119
ADDRESS 0132 Park Avenue ,_ Basalt , CO 81621
CONTRACTOR Rudd Construction, Inc. TELEPHONE 927-9119
ADDRESS 01 Avenue Ba alt CO 81621
PROJECT LOCATION/OIRECTIONS. NW corner Rifle int erchange with Highway 13
aWle
PROJECT DESCRIPTION
�. - Single Fsmity Residential ._- New Construction _ Channelization
- Multi -Family Residential Substantial improvement (>5096) �'+�' Fiil
Manufactured (Mobile) Home Improvement («096) Bridge/Culvert
-.._._ Non•Residential Rehabilitation Levee
Other/Explanations
Pt.00m HAZARD DATA
Watercourse Name Colorado River
The protect Is proposed in the Floodway X _ Floodway Fringe
Base (100 -year) flood eievattatt(s) at prot ct site 52 99.5 - 5301.5
Elevation required for Lowest Floor 5300.5 - 5302_, 5 pocdproming
Source Document/Report/Maps F1oodway flood boundary and f loodway
man Garfield County, CO. Panel 11538'
0 PROPOSAL otyyilltw CHIcXUIT •
alts development plans depict the !footway sad Wee flood elevations.
ILL—Engineering data M provided lar map and Roadway revisions.
7L , P'loodwsy esrttlicatlon and data document no increases in flood heights.
EL_ Subdivision proposals minimize flood damage and protect utilities.
NA Lowest floor elevations ere above the bass (POO -year) flood levet.
LL Manufactured (mobile) homes are elevated and adequately anchored
NA Non-rostdsntlsl
floodprooftnp designs mese NFIP water -tight standards,
Other.
PERMIT ACTION
PERMIT APPROVED: The inion *tion subadttid for the proposed project was reviewed and Is in com-
pliance with approved flood pain management standards (sits development pians are on Mel,
w�. PERMIT DENIED: The proposed protect dors not meet sppro4ed flood plain management standards
(explanation is an Mei.
_..... VARIANCES GRAFTED: A variance wu granted from the bus (100-M O floodaiektions established
by FEMA consistent with variants requirements of NFIP tigulations Part 60.5 (variance action documentation
is on ffI,i.
Plow PIMA Agrrnaaaarss sire
Comments: J ��
Des
DEVELOPMENT DOCUMENTATION
MAP REVI8ION DATA. Certified documentation by* regittered professional engineer of u -built con-
ditions for flood piain alterations were rscatved and submitted to FEMA for $ flood insurance map revision.
PILL C><RTIIhCATE. A community official certified the elevation, compaction. slope and stop. motes
tion for an fill placed In the flood plain consistent with NPIP regulations Part 15.5 for flood insurance map
revisions.
• ELEVATION CERTIFICATE. Carillod as -built elevation of the building's lowest floor
floodprooling levet.An Elevation Cartillcats (Pett It) =hoisted by a registered pm.fissional engineer or land surveyor artlfyinq his elevation Is on Nle.
CERTIFICATE OF OCCUPANCY OR COMPUANCIf 33UED
Dos
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11
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130J-1996 11 , 1 1 AM FROM 41 CONST. INC. 970 927 t1027 . P. 7
ALTA COMMITMENT
SCHEDULE 8-2
(Exception!) Our Order # GW22Q850
The policy or policies to be issued will contain exceptions to the
following unless the same are disposed of to the satisfaction of
the Company:
1. Standard Exceptions 1 through 5 printed on the cover sheet.
6. Taxes and assessments not yet due or payable and special
assessments not yet certified to the Treasurer's office.
7. Any unpaid taxes or assessments against said land.
8. Liens for unpaid water and sewer charges, if any.
9. THE EFFECT OP INCLUSIONS IN ANY GENERAL OR SPEC/PIC WATER CONSERVANCY, FIRE
PROTECTION, SOIL CONSERVATION OR OTHER DISTRICT OR INCLUSION IN ANY WATER
SERVICE OR STREET IMPROVEMENT AREA.
10. WATER RIGHTS OR CLAIMS TO WATER RIGHTS.
)(11. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS ORE *
THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT THE PREMISES
AS RESERVED IN UNITED STATES PATENT RECORDED June 23, 1p94, IN BOOR 12 AT
PAGE 327 AND RECORDED MARCH 21, 1920 IN BOOK 73 AT PAGE 113.
12. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE
UNITED STATES AS RESERVED IN UNITED STATES PATENT RECORDED June 23, 1894,
IN BOOK 12 AT PAGE 327 AND RECORDED MARCH 21, 1920 IN BOOK 73 AT PAGE 113.
13. EASEMENTS AND RIGHTS OF WAY FOR ROADS, STREETS, HIGHWAYS, DITCHES, CANALS,
PIPELINES AND UTILITY LINES AS CONSTRUCTED AND IN PLACE.
NOTE: UPON RECEIPT OP A SURVEY, MEETING THE ALTA MINIMUM STANDARDS POR
CONTENT AND ACCURACY, THE EXCEPTION SHOWN ABOVE WILL BE DELETED. PROVIDED
HOWEVER, THAT LAND TITLE GUARANTEE COMPANY RESERVES THE RIGHT TO ADD ANY
EXCEPT/ONS IT DEEMS NECESSARY FOR MATTERS DISCLOSED BY SAID SURVEY.
14. ANY AND ALL PROPRIETARY RIGHTS AND/OR INTEREST IN AND TO THAT PORTION OF
THE SUBJECT PROPERTY LYING NORTHERLY AND WESTERLY OF THE PENCE AS SHOWN ON
THE SURVEY PREPARED BY JEROME GAMBA AND ASSOCIATES, INC., DATED MAY 8,
1995.
15. ANY QUESTION, DISPUTE OR ADVERSE CLAIMS AS TO ANY LOSS OR GAIN OP LAND AS A
RESULT OP ANY CHANGE IN THE RIVER BED LOCATION BY NATURAL OR OTHER THAN
NATURAL CAUSES, OR ALTERATION THROUGH ANY CAUSE, NATURAL OR UNNATURAL, OF
THE CENTER THREAD, BANK, CHANNEL OR FLOW OF WATERS IN THE COLORADO RIVER
LYING WITHIN SUBJECT LAND; AND ANY QUESTION AS TO THE LOCATION OP SUCH
CENTER THREAD, BED, BANK OR CHANNEL AS A LEGAL DESCRIPTION MONUMENT OR
MARKER FOR PURPOSES OF DESCRIBING OR LOCATING SUBJECT LANDS.
PAGE
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tARFIELD COUNT,
OU T,
Building and Planning
August 16, 1996
Mr. Wayne Rudd
Mr. Roland Parker
0132 Park Avenue
Basalt, CO 81621
RE: Rudd Floodplain Special Use Permit
Dear Wayne or Roland,
Your request for a Floodplain Special Use Permit, as identified on the enclosed public notice form,
has been scheduled for a public hearing before the Board of County Commissioners on September
9, 1996, at 3:00 p.m., in the Commissioners Meeting Room, Suite 301, Garfield County Courthouse,
109 8th Street, Glenwood Springs, CO 81601. It is suggested that you be present at the time of the
meeting.
A copy of the enclosed public notice should be submitted to a newspaper of general circulation, for
publication one time at least 15 days prior to the hearing. You will also need to contact the
newspaper directly regarding obtaining the !,roof of publication and billing. In addition, cop --c of the
public notice form must be mailed by certified return -receipt to all adjacent property owners no Tess
than 15 days prior to the hearing, The proof of publication from the newspaper of general circulation
and the return -receipts from the mailings must be submitted by the applicant at, or prior to, the public
hearing. Please verify the accuracy of all enclosures.
If you have further questions or concerns regarding the meeting or public notice requirements, please
contact this office.
Sincerely,
r�L
Eric D. McCafferty
Garfield County Planner
Enclosures
109 8th Street, Suite 303
945-8212/285-7972 Glenwood Springs, Colorado 81601
• •
PUBLIC NOTICE
TAKE NOTICE that WAYNE RUDD has applied to the Board of County Commissioners, Garfield
County, State of Colorado, to grant a Floodplain Special Use Permit in connection with the following
described property situated in the County of Garfield, State of Colorado; to -wit:
Legal Description: A tract of land located in a portion of Section 16, T6S, R93W of the 6th P.M.
Practical Description: Located west of the Interstate 70 rest area in Rifle.
Said Floodplain Special Use Permit to allow the petitioners to excavation of gravel and the placement
of fill material within the flood fringe of the Colorado river.
Alt persons affected by the proposed Special Use Permit are invited to appear and state their views,
protests or objections. If you cannot appear personally at such meeting, then you are urged to state
your views by letter, particularly if you have objections to such subdivision exemption request, as the
Board of County Commissioners will give consideration to the comments of surrounding property
owners and others affected in deckling whether to grant or deny the request for the Special Use
Permit. This Special Use Permit application may he reviewed at the office of the Planning
Department located at 109 8th Street, Suite 303, Garfield County Courthouse, Glenwood Springs,
Colorado, between the hours of 9:00 a.m. and 12 noon and 1:00 p.m. and 4:00 p.m., Monday through
Friday.
That public meeting on the application for the above Special Use Permit request has been set for the
9th day of September, 1996, at the hour of 3:00 p.m., at the office of the Board of County
Commissioners, Garfield County Courthouse, Suite 301, 109 8th Street, Glenwood Springs,
Colorado.
Planning Department
Garfield County