HomeMy WebLinkAbout2.0 BOCC Staff Report 12.14.1992REQUEST:
BOCC 12/14/92
PROJECT INFORMATION AND STAFF COMMENTS
Floodplain Special Use Permit to allow for
the Replating of 10 lots within Ranch at
Roaring Fork, Phase IV, Filing III.
APPLICANT: John B. Elder
LOCATION: Located in Sections 25 and 361, T7S, R88W
of the 6th P.M.
SITE DATA: Approximately 16.8 acres in size.
Originally proposed for 17 lots, replat
request reduces filing to 10 lots.
WATER: Central Water
alt,,: Central Sewer
EXISTING ZONING: P/D
ADJACENT ZONING: A/RJRD
I. RELATIONSHIP TO THE COMPREHENSIVE PLAN
The subject property is located in District A - Carbondale Urban Area of Influence, and
District F - River/Floodplain Severe Environmental Constraints as designated on the
Comprehensive Plan Management District's Map.
II. DESCRIPTION OF THE PROPOSAL
A. Site Description: The Ranch at Roaring Fork is located approximately one (1)
mile east of the Town of Carbondale, with all residential developme t located
south of State Highway 82. A vicinity map is attached on page
B. Development Proposal: Phase IV, Filing III of the Ranch at Roaring Fork is
located at the northwest corner of the development, and was originally platted
in 1978. The original subdivision design called for 17 single family dwelling
units. The original configuration of this portion of the P/D is shown on the
attached bulueline. Since the time of the original platting, a portion of the land
within Phase IV, Filing III was identified as jurisdictional wetlands, hence
making development of the original design difficult. Th portion of the property
that includes delineated wetlands is shown on page.
1
The applicant proposes to fill areas of wetlands and undertake compensatory
measures consistent with the approved 404 permit (discussed fully below). The
on will result in a shifting of the floodfringe line towards the Roaring Fork
River. The revised floodfringe line is shown on the attached blueline submitted
by the applicant. FEMA only requires notification for amendments to the
floodway line, which is not modified by this proposal.
C. Garfield County Floodplain Regulations. Dan Cokely, EIT with Schmueser
Gordon Meyer, determined in a November 11, 1992 Iett'er that a majority of the
property lies within the 100 -year floodplain boundary of the Roaring Fork
River. The location of the existing and revised floodplain line is shown o he
attached blueline. Mr. Cokely's 11-11-92 letter is attached on page 7• .
Section 6.08.01 -requires that any development in the floodplain shall be required
to obtain a Special Use Permit. The following specific issues must be addressed
within this process:
1.)
To ensure 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, U.S.C. 1344;
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 of construction set forth in
the Zoning Resolution;
3.) To determine if the proposed development is located in the floodway. If
Iocated in the floodway, assure that encroachment provisions of Section
6.09.01(1)(A) are met;
4.) To assure that adjacent communities, the Colorado Water Conservation
Board and Federal Emergency Management Agency have ben notified
of the proposed watercourse alteration or relocation; and
5.) To assure that the carrying capacity of the altered/relocated watercourse
is maintained.
III. MA.LO_R ISSUES AND CONCERNS
1. Necessary Permits: Mr. Elder has obtained the required 404 Permit dated
M arch 10, 1992 for the placement of fill in the floodplain. The permit allows for
the applicant to discharge 2,300 cubic yards of clean fill into 0.36 acres of
wetland. Compensation will consist of a tree and shrub buffer of 0.48 acre
planted at the rear of lot lines of the 10 proposed lots, to compensate for 0.16
acre of wetland fill at a ratio of 3 to 1. Compensatory mitigation will also take
place near the Roaring Fork River. The applicant will create 0.30 acre of
emergent wetland in an existing low flow irrigation channel about 900 feet from
the fill site. The wetland creation will compensate for the remaining 0.2 acre of
wetland fill at a ratio of 1.5 to 1.he location of the proposed wetland fall and
mitigation is shown on page `'7.. A coy of the 404 permits, including
conditions, is attached on pages /Q 'al •
2
2. Building Sites. The applicant has submitted documentation regarding building
envelopes for the 10 replated lots. None of these building envelopes are located
within the floodway. It appears that the potential exists for these envelopes to
encroach into the revised flood fringe area. Garfield County requires that the
foundation of each of these structures be filled at an elevation of at least 1(one)
foot above the 100 -year floodplain.
3. Floodway Encroachment. As indicated on the replat, the floodway crosses a
portion of lots 6, 7, and 8. The placement of fill does not encroach on the
floodway, therefore, the applicant's engineer does not anticipate that the fill will
adversely affect the efficiency of or restrict the flow capacity of the designated
floodplain so as to cause damage to others.
4. FEMA and Local Jurisdictions. FEMA does not requirenotification for fill or
other activities outside of the floodway line. Therefore, no notification or
administrative processes are necessary. The applicant's engineer has concluded
that there will be no changes to the watercourse during a 100 -year flood event.
REPLATING_REQUIREM ENTS
The Floodplain Special Use Permit is a prerequisite to replating this portion of the
Ranch. The applicant has submitted the following information in support of the
replating request:
1.) Engineering Report on waste water treatment capability to serve the 10 lots;
2.) Engineering Report on domestic water.
The documents confirm that the subject lots are included in and are a part of all
engineering calculations for domestic water and wastewater treatment. The proposal
will reduce total lots connected to the water and wastewater system by 7 lots, as
originally conceived.
One issue not yet resolved is the need for a revised Subdivision Agreement to address
necessary improvements. The original agreement, entered into on September 25, 1978,
called for the County to hold lot #59 as security for improvements. The replat proposal
eliminates Lot 59. A new agreement will need to be finalized, and include the
appropriate security to ensure completion. Staff also recommends that the proposed
fill be included within the agreement.
YSUGGESTED 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 the hearing.
3. That the application is in compliance with the Garfield County Zoning
Resolution of 1978, as amended.
ft
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
Staff recommends approval of the Special Use Permit based on the following conditions:
1. All representations of the applicant, either within the application or stated at the public
hearing before the Board of County Commissioners, shall be considered conditions of
approval unless otherwise stated before the Board.
2. All required building permits will be obtained. Elevation certificates will be required
to ensure that all structures will be located at least one (1) foot above the floodplain line
indicated on the bluelines submitted with the application.
4
FRJtigE •.
•
RAN EL
• ',IT.
CAVR�iS �i�+ �0.7:. :� .•
1 ����w.vim` ♦. /
` `-1
—
Morris
a
•\
RELAY
•
11�_ _
1 �
1 • • tr o o F Ex15 t111G
/ mum LA11L
/
kIGMWAY
PQv LAME
MIGN ..Y EXTENSION
•1r1 1992
R) iCH AT
FtO/kAir6 FORK
=EGVEST1[I 41 _
CNITA . mime
1
SLE %AZ 241 -TY -w:
E a
-►OAJtItia FORK
Mae MEE
• r •
r' _2
ti+a
LTAT101�
•• ••
n�V 1D
C1VL 1C
+ • �� — tae NOPit '
praL1TT � z-arr' ' trms.TLx1E g,►,�•,wtILL A7tOOLJG710M
FJrCIFACIL....
EIDER' L.O. P. APDL CAT1 ON
Loixrar MAP
Rik AT ,ro FMK
ZAILTIa.a CO r1Y, coLOR.a
'o _MI IsC1d . . wad FIGURE A.
St X6115 ARGHrTECT5
:GLfl14100CP snrngs, CO[.DRADo
/1
•
•..7•......r••...
. t
•••'\ —ss��
EXISTN6 5s O
\ LIFT STATION
\ $otr Exit
GOTS P SC ]S:, FIL7tt6 JQ
\ FLATTED 9-5. Tel
CUMMINS Cr E:XI GTPG
urian' SERMCF. ROAD
— ~ RELCCATED UnLITY ;0,4_
AGCZS5 EASe-E1T
O
ExisTra
Ea]
♦
ELDER L:O.P AFPUCATiOM
PPS 5Eb RAT MOc1F1cA--r 1
Fo+11GH AT ROARING FORK
C -AFIELD CLifiiTY, GOLOSACO
Inn a. OP
ACOE/EPiO WETLAND 'DELINEATION
LINE. OF• PPtOF D WE/LAND FILL
F OGFiEfNFtzED WwrLAO FILL
!OO YEAR FLCdD PLAIN
FLoCOAY
�1`
hG
0
30• FT F'P,On r
!ULDING E£TL3AC
SURREY STREE.T
4D
•F.X15rr
•
• •
AME3vE-D FIGURE F Cr APPLICATION
PROPOSED FILL. MLA REDLCE.D FROM
O.q$ ACRES ro o.sto AGReS.
SU .SIGNS ARCHITECTS
..GLE-44\Aeoccl SPF1NGS, COLORADO
FIGURE F-2.
ARZAC
E•+Ert•r�
Ars
ANO
9HFcves Asx,
SEE FIGURE "G')
O 30� GC' 124
PLCOnWAY✓
r
a
/ SCNMUV.;
November 11, 1992
.ORDON M 1'00
Mr. Mark Bean, Director
Garfield County Building,
Sanitation and Planning Department
109 Eighth Street, Suite 303
Glenwood Springs, CO 81601
a As 11
I°I1V-0
1001 Grand Avenue, Suite 2-E
Glenwood Springs, Colorado 81601
(303) 945-1004 (303) 925-6727
Fax (303) 945-5948
`�{
% CONSUL.`�rlN !ENGINEERS d SURVEYORS/
RE: Elder Property, Special Use Permit
Dear Mark:
ILLD COUNTY
Please let this letter serve as a final report supplementing the attached information for the
procurement of a Special Use Permit for the Eider property at the Ranch at Roaring Fork.
From the attached drawing, it was determined that a majority of the property lies in the
Federal Emergency Management Agency's 100 -year flood boundary of the Roaring Fork River.
Subsequently, Mr. John Elder has obtained permission from the Army Corps of Engineers to
fill to the boundary also shown in the drawing. This fill would push the proposed floodplain
line further towards the river, thus, making the Tots more developable.
Based upon the County Floodplain Regulations, Mr. Elder must obtain a Special Use Permit for
the placement of fill in the existing flood fringe. When obtaining a Special Use Permit, Section
6.08.01 of the County Floodplain Regulations must be addressed in regard to the following:
A. 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, U.S.C. 1344; and
B. 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 this resolution.
In response to Section 6.08.01, Mr. Elder has obtained the required 404 Permit dated March
10, 1992, from the Army Corps of Engineers for the placement of fill in the floodplain. This
fill will be placed in accordance with the Corps' requirements.
Secondly, the building sites will be filled to an elevation of at least one foot above the 100 -
year flood elevation. Therefore, any structure that would be built would have a finished floor
at least one foot above the 100 -year flood elevation.
In addition, we would like to address the items in Section 6.09.02 regarding building in the
flood fringe:
A. The placement of fill has been approved as stated above by the Army Corps of
:I
•
November 11, 1992
Mr. Mark Bean, Planning Director
Garfield County
Page 2
Engineers. With proper placement, this fill will not increase the opportunity for
solid debris carried downstream by floodwaters.
B. There will be no storage or processing of hazardous materials on the property.
C. There will be no disposal of garbage or solid waste materials on the property.
D. There will be no mobile homes placed on the property.
E. The placement of fill does not encroach into the floodway; therefore, we do not
anticipate that the fill will adversely affect the efficiency of or restrict the flow
capacity of the designated floodplain so as to cause foreseeable damage to
others.
We hope all of this information is complete. If you have any questions or comments, please
do not hesitate to call.
Sincerely,
SCHMUESER GORDON MEYER, INC.
b„Car,
Dan Cokley, E.I.T.
DC:Ic/92149
Enclosures
SCHMUESER GORDON MEYER, INC
i- .
4h)
i
•
$;1TIrARY
5EW6R Llrr
AREA OF PROPOsE.P
WLTL-AHD FIR.I.
50 UN CARY OF
ExJzTtr1C, IV,
t:rLING Irl IT LATS,
It 47 - M63
5`rarr
A
5.0 PR
CKEEK
saes`GRELK
t7C.wIYa6 _. _
` �t P.GCESS.. F.0.4D
rONo6,
F'r,i'E .
cx.rggrlrIc
sTA-ZCn CH v
Xr5TTfG
PLAYGRO1A4G,
J,
PAsrvgc..
AREA Or PROPOS-O
WE1Vtiq t'iIflGATION
�I xKSCAT IC CIVERFzoW
CREV< CIt1F'LDW)
E.xi!,T1t16 T10E"s,
T'{P1!AL
MAJNTEIWICE WILDIM65
‘‘:/ 5141C -LS STORAGE
ELDER L.0.171APPLICAT1011
or1Cr ROAr3
77,
»CAR1Hs FoJC WC PC
•
vrclhi TY NAP
RANCH AT ROA.RV•G FORK
G AhY1 -W- COtNfrY, COLO AE
FIGURE l
0 IC,0' .2COi 400'
s, 4
�cR
E1DESfG 1S A Rai ITTGT5
GLEnwaos? 5PR1tsGe, COt.01cacn
1409 per -}4 sYs
C.r torndt,1S
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
U.S. Af1MY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95814-2922
March 10, 1992
Regulatory Branch (199101233)
Mr. John Elder
Post Office liox 18938
Oklahoma City, Oklahoma 73154
Dear Mr. Elder:
1 am responding to an application for Letter of Permission
(LOP) dated December 11, 1991 submitted on your behalf by Mr.
Dean Moffatt. The application for a LOP concerns the
development of ten single family residential'lots at the Ranch
at the Roaring Fork in Garfield County, Colorado.
You are hereby authorized to discharge 2,300 cubic yards of
clears fill into 0.36 acre of wetland located near the Roaring
Fork River, Section 36, Township 7 South, Range 88 West, Garfield
County, Colorado, for the purpose of developing ten lots for
residential housing. This project must be constructed in strict
accordance with the proposal outlined in Letter of Permission
Application from Sundesigns Architects dated December, 1991,
and amended by letters from Sundesigns Architects dated January
29, 1992 and February 6, 1992. The project drawings which
reflect the most current amendments and which are authorized are
are enclosed, and are entitled: "Location Map" (Figure A),
"Vicinity Map" (Figure B), "Proposed Plat Modification" (Figure
F-2), "Land Utilization Concept" (Figure J), and "Project
Features" (Figure D, revised 2-6-92).
This LOP is issued under the authority of Section 404 of
the Clean Water Act (13 USC 1344) and is subject to the enclosed
lists of special and general conditions. Please read the
conditions contained within this authorization carefully.
•
We appreciate your cooperation. Should you hale any
questions, please write to Nick Mezei, U.S. Army Corps of
Engineers, Sacramento District, Western Colorado Regulatory
Office, 402 Rood Avenue, Room 142, Grand Junction, Colorado
81501-2563, or telephone (303) 243-1199.
BY AUTHORITY OF TIIE SECRETARY OF TIIE ARMY:
Art Champ
Chief, Regulatory Section
Enclosures
Copies Furnished:
Dr. Gene Reetz, Environmental. Protection Agency, 8WM-SP
999 Eighteenth Street, Suite 500, Denver, Colorado 80202-2405
w/ Enclosures •
Mr. LeRoy Carlson, U.S. Fish and Wildlife Service, 730' Simms
Street, Number 292, Golden, Colorado 80401
Mr. Jon Schersc)ilight--401, Department of Health, 4210 East llth
Avenue, Denver, Colorado 80220
Mr. Perry D. Olson, Division of Wildlife, 6060 Broadway, Denver,
Colorado 80216
Mr. Ictal D. Simpson, Deputy State Engineer, Colorado Division of
Water Resources, 1313 Sherman Street, Room 818, Denver,
Colorado 80203
/1„ --Mr. Dean Moffatt, Sundesigns Architects, 901 Blake Avenue,
Glenwood Springs, Colorado 81601
w/ Enclosures.
Ms. Katherine T. Willer, ERO Resour,ces'Corporation, 1740 High
Street, Denver, Colorado 80218
•
2.
1
i
4
T•/J4L.EX
��w�m.
CQ V KT S •• �
► ti
rior r.J.3
•
IkaLocc
• s rA? 1,C i
•
/
1
1 • Flip o F Ex15'1"'mc
/ / mvxl Luis.
> ww^r •
roux. LANE
E7CTirrlSJ
•
OrE
Ili 1992 -
-'
•
FtAPC H M
FeGARICG FORK
.•.
--LC)t ��t
_na1.
• 0 r
. cr Bali P2"..
111
16,c �°�v-r ' '• rs�
ZA.041U.
EIL -L.O. P. APPLICATION
LOCATCCI- MAP
P.AtCAT RtoAR1i'tG Fazx
Mi0-0 cam, c
15aot . sooa'
SUIVES6ris ARCHITECTS
:Gle 4X7oF7 5rxm51 C.41-0gkao
▪ •
ulsz
• .
s.os Heti% •
pars° °"
FIGURE A .
oI Rcw..
-CP.ILRopo
CC7' O1O /801J121dS a0O7,1L1319
51 3.1-11%7�`d Su91S3a{.1rs _liir11 - `� 112Ani X04 9141?f4o�'
pat, ,coy ,O1 b
q 321n9L
CICY C lOD ' J.1N103 CL'0
2d01 %1'"a02i 1`d H,S4V27
d1�W AJJ141VIA
.i011VOilddd x'01' aT2
3 7Y21OSS 3-771-t9 /1 j
5U1011n 37LIV 112.1KMww
9$1LL51X3�
(/\01.d1J1) ) 32i�
A0132i3AO 1-1011.`-912( is
1.1011 11I W. al-tirl M
C35Oci 0 Nr.3W
rn702i .1410 .
3 N/115 fd
alrio2ioAY.1d
71.usIX3.
Tr?u4i's3 13015
souol .� i _qjJ�
--Q vv)t=5S377v ' U
{.3x7
912:;d05
29
ci)/ - tab
�S.1O� 11 ' lil 911 111
Al maid tpIJIIc(X3
30 ...L.WC21Nt1QQ
ucuYls
1.j11 av"ss
(�5
ATE
WAY 82.
EXIST11G
•.•
111•5 OOOOOOOOOOOOO
Ss�ss
F.xI STTNG
\ LIFT" STAM
OOOOOO ell
• ••• ■
CIF 71G, FILIfi6 ZL
PLATTED 9.8 T8
CENTERLINE CF EXISTifiG
UTILITY SERVICE ROAD
OOO
.,EILanREA.
4vc ExsiG
RELOCATED unt.tTY g' '
ACCESS EA_SET'SEZ1T
•
•
•
• 1
ELDER LOP AFFIXATION
PKC.p05co PLAT MODffl A';YTfWETLAITO
RANCH AT R['NOG FMK •�� nu. AmEA
GkRFIELD =NT?, czt.ortAvO
•. a .... ACCE / ENO G'E.T1-AHO CEL NEATIOH
r�—•�LINE. Cr PROPOSED WETLAND F1U-
12[110 FREA OF PP FRED w rtAL
lO FILL.
—• ^ !OO `YEAR FLOOD PLAIN
W--FLO OAY
-'------
40
LJ((ZTREET
45
30' rr FROrrT
EU,ILDINGC8pC?(
•L•.s••
•
Af'1EPvEI7 FIGURE F CF APPLICATION
PrtOPOSED FILL AREA REDUCED FROM
0.48 ACHES TO O.No ACRES.
)XiCESIGN5 ARCHITECT'S
..GLEN4.0000 iit1G5, COLORADO
FIGURE F-2.
•
' I
•
•
•
•. /
``� �` .. •.' /'
•
•
AREA Cle WETLAND •
E.NHANCEMENT Crir.E.Z5
APO SHIRUD isurrgp,
SEE FIGURE "GI)
J
0 301 Coe ftOi ,,FLOODWAY��
(1r di3A0'7dQir'a- IG'i 11 ZI)Tit!
03r�...a05dd .l71-1i1415t$0 .01WI1
7714 0-3(1431•41.1d)
- 1;1d0dd A0 111411
u0(1Y3 a
a14Y'113/1 0'33 ISCOV
__ 1
114'♦i '
‘‘%\.,,‘
....
us
*A"'
�,%,\
rirs.‘,,
vti,„r
pow
v °
.i.:__Nitai
(ond 1
06) 3Jd1.c
101 )•014111IW
s1
- -I(1c Wf1wu41W
t0Z1
:.vsm.a 4 1Y ....
'1
I'
\
la) IDE 0
•
•
!{oval
941Ia,In4
1 :LA z
•
•
_)'11431•4-3'xi1117:13Y 'r;>t'
of SJ.w*N3 I0S.t1107
(.nwAl d.11); awJ.
a 7a V1 wnuiwu'
1 1
•
•
1� 51 0101 15'diSid
SC J. (14 1.44).4114
•
r 31(1 IA
OO`v 0'k '(30CMI7TI9
517i11HD?AV su9E-Aauns
3S '00491 aL 0 a
Ak1016 0/714. QTY •;
32tS 351101-1 •
39fid3Ab IS OS el 24013/•14- ewaninG
aJdi13A'd 1C OD'r4I 12IS .L 1 •
r ... r +
r
Oti v 0100 ' .LL11t1Q» O'131d}1\d 1
x4104 ,1Jldd', A' HM1'd!1
..141 o uou dznun awl
1O1l`dp ricIdd 1401 an
•
•
•
•
\
•
•
•
btopj
cx.ieriri6 WETLAt•1D
EXIS1Q16 WETLAND TO F. EfiM.aly .W
4J' O =F.d .08 Ac.
xi
t1 L •
p.F.
Art
EXISTVIC7 fSIDE'w
7411)
GXIG, l6 TKEEE-5,T Inc..A _lam C .
MIGIERIVAdAy410
149LIB �- ! irk via
nPr
RE.'VI5ED 24,0
TO KANTErJS+fiGE
WILDINGIgalfr
f •'�� ELDER L.O.P APPLIGATIOfI
Vrik
PROJ�LT FET'V�!9
PTOJE=T - FEA-uRE.5
A rr Al ROAszim ?OAC
6;-..1q15tX ccJhN, GOLORPOO•
0 101 2D 40 1
Ta:b..
FIGURE
1q�V15_J Z G•OJZ
6U1I0E,5 i 15 ARCHI TECT' 5
1TRYATspry
OV; RF1aW
c1.E,1Wo00 Gf'Rt 6s, C-CLLX.A.00
CREEK
c1LNfl-QW)
PERMIT NUMBER: 199101233
PERMITTEE: Mr. John Elder
WATERWAY: Roaring Fork River, Garfield County, Colorado
GENERAL CONDITIONS:
1. The permittee shall abide by all special conditions (refer
to page 5) which the Corps of Engineers may add to any individual
authorization given under this LOP.
2. The permittee shall abide by the terms and conditions of the
water quality certification issued by the Colorado Department of
Health or the Environmental Protection Agency in accordance with
Section 401 of the Clean Water Act.
3. If you, before or during prosecution of the authorized work,
encounter a historic property that has not been listed or
determined eligible for listing on the National Register, but
which may be eligible for listing in the National Register, you
shall immediately notify the Corps of Engineers.
4. Only clean material free of waste metal products, organic
materials, unsightly debris, etc., may be used for discharges
authorized by this permit; all discharges shall be free of toxic
pollutants in toxic amounts.
5. Any discharges of dredged or fill material shall not occur
in close proximity of a public water supply intake, should not ti
limit the ability of any existing diversion structure to
appropriate water and should not adversely impact a stream
gauging station.
6. You must maintain the activity authorized by this permit in
good condition and in conformance with;..the terms and conditions
of this permit. You are not relieved of this requirement if you
abandon the permitted activity, although you may make a good•r:',
faith transfer to a third party. Should you wish to cease to. f
maintain the authorized activity or should you desire to abandon
it without a good faith transfer, you must obtain a modification
of your approval from the Corps of Engineers, which may require
restoration of the area.
7. Upon notification from the Corps of Engineers that work
being performed does not comply with or fall within the scope of
this permit, the responsible party shall take immediate steps, as
directed by the Corps of Engineers, to bring the work into
compliance with this permit.
i •
.1i
8. This permit does not obviate the need to obtain other
Federal, state or local authorization as required by law, does
not grant any property rights or exclusive privileges, does not
authorize any injury to property or rights of others, and does
not authorize interference with any existing or proposed Federal
project.
9. In issuing this permit and in giving authorization to
perform work under this permit, the Federal Government does not
assume any liability for damages to the permitted project or uses
thereof as a result of current or future activities undertaken by
or on behalf of the United States in the public interest, damages
to persons, property, or to other permitted or unpermitted
activities or structures caused .by the activity authorized by
this permit, design or construction deficiencies associated with
the permitted work, or damage claims associated with any future
modification, suspension, or revocation of this permit.
10. You must allow representatives from the Corps of Engineers
to inspect the authorized activity at any time deemed necessary
to ensure that it is being or has been accomplished in accordance
with the terms and conditions of this permit.
11. The construction or operation of the activity'authorized by
this permit will not impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and
hunting rights.
12. The Corps of Engineers may re-evaluate its decision on any
authorization given in accordance with this permit at any time
the circumstances warrant. Circumstances that could require a
re-evaluation include, but are not limited to, the'followi.ng:
a. You fail to comply with the terms and conditions of this
permit;
b. The information provided by you in support of your
application proves to haye.been ,false, incomplete, or
inaccurate and;
c. Significant new information surfaces which the Corps of
Engineers did not consider in reaching a decision.
Such re-evaluation may result in a determination that it is
appropriate to use the suspension, modification, and revocation
procedures contained in Title 33, Code of Federal Regulations,
Part 325.7 or enforcement procedures such as those contained in
Tile 33, Code of Federal Regulations, Parts 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an
administrative order requiring you to comply with the terms and
conditions of this permit and for the initiation of legal action
where appropriate. You will be required to pay for any
corrective measures ordered by the Corps of Engineers, and if you
fail to comply with such a directive, the Corps of Engineers may
in certain situations (such as' those. specified in Title 33, Code
of Federations, Part 209.170) accomplish the corrective measures
by contract or otherwise and bill you for the cost.
2.
h•
•
I
13. The time limit for completing the authorized work will be
three years from the date that individual approval is given under
this permit. If you find that you need more time to complete the
authorized activity, submit your request for a time extension to
the Corps of Engineers for consideration at least one`ntionth
before the expiration date for completion. -Unless there are
circumstances requiring either a prompt completion of the
authorized activity or a re-evaluation of the public interest
decision, the Corps of Engineers will normally give favorable
consideration to a request for an extension of the time limit.
14. Upon completion of the authorized work, you will immediately
notify the Corps of Engineers in writing.
3.
SPECIAL CONDITIONS
JOHN ELDER
199101233
a) The permittee shall implement the attached wetland mitigation
plan. This plan is based upon the original application dated
December 1991 and subsequents revisions dated January 9, 1992
and January 29, 1992.
b) The wetland mitigation construction shall be initiated
concurrent with wetland filling for construction of the
subdivision and completed prior to the expiration of the permit.
c) highly visible construction fencing shall be placed along the
wetland permit boundary until residences and landscape
construction is completed to prevent inadvertently.•filling and/or
construction impacts (e.g. dumping of construction debris and/or
dredged material, storage of construction materials, or vehicle
travel lanes.)
d) Restrictions shall be incorporated into the deed for each lot
and parcel of Filing 3, Phase 4, Lots 47 through 63, Ranch at the
Roaring Fork, Garfield County, Colorado, to insure that current
and all future owners of each lot are aware of the need *to obtain
a Department of the Army permit to discharge fill material into
"waters of the United States", and wetlands. The deed restriction
shall disclose language that any. person who knowingly violates
section 301 of the Clean Water Act may be punished by a fine of
not less than $5,000 nor more than $50,000 per day of violation,
or by imprisonment for not more than 3.:,years, or both. Lots
which contain wetlands within their legal boundaries shall also
include that information within the deeds for those lots.
e) The permittee shall insure that the wetland mitigation
remains as wetland for the life of the completed. project.
-4
WP
•i
MITIGATION PROPOSAL
The permittee understands that compensation for wetland acreage
impacted by development and by the implementation of measures
designed to protect water quality within the project site is
required by Federal law and current U.S. Army, Corps of Engineers
LOP procedures. The mitigation plan presented below provides for
the replacement of impacted wetland with enhancement of existing
wetland at a ratio of 3 to 1 and creation of wetland at a ratio
of 1.5 to 1.
A. Description of Proposed Mitigation
The permittee is authorized to fill 0.36 acre of wetland as
part of a development plan after alternatives,•to avoid were found
impracticable. Alternatives to minimize wetland impacts resulted
in the current plan. Compensation will consist of'enhancement
of 0.48 acre of existing wetland adjacent to the developed
housing; this will compensate for 0.16 acre of wetland fill at a
ratio of 3 to 1. Wetland creation of 0.3 acre will compensate
for the remaining 0.2 acre of wetland fill at a ratio of 1.5 to 1.
The permittee will assume full responsibility of assuring
that enhanced and created wetlands are constructed according to
plan and achieve the stated goals. The goals of the proposed
mitigation are twofold:
1. To provide protection of the.existing wetland and enhance
values to partly compensate for values and functions lost with
the fill activity.
2. To compensate for the remaining wetland values and functions
lost by creation of new wetland in a nearby waterway.
The wetland enhancement consists of a tree and shrub buffer
of 0.48 acre planted at the rear of lot lines of the 10
developed lots. The planting will include native narrow leaf
cottonwoods, and red osier dogwoods. The cottonwoods will be
planted on 20 -foot centers. The 1 gallon shrubs will be planted
in between the trees on 5 -foot centers.
Compensatory mitigation will take place near the Roaring
Fork River. The permittee will create 0.3 acre of emergent
wetland in an existing low flow irrigation channel about 900 feet
distant from the fill site. The existing channel and marginal
wetland are currently supported by high groundwater table and
creek and irrigation flows that are part of the master
irrigation/fishing pond complex throughout the Ranch at the
1•
•
•
•
a
Roaring Fork. The proposed wetland creation consists of adding
drop structures within the channel to maintain a higher water
table at adjacent areas where excavation of existing side slopes
will result in establishment of littoral shelves. The shelves
will be planted with wetland vegetation. The excavated material
will be stored on an upland disposal site elsewhere on the ranch.
The transition slope from the littoral areas to the uplands will
be graded aL a 4 horizontal to 1 vertical slope.
Topsoil from the rush -dominated wetland to be impacted will
be mulched and spread evenly in the excavated littoral areas.
These areas will be planted with willow cuttings obtained from
various locations on the Ranch. Cuttings will be planted on 3
foot centers. Additionally, red osier dogwoods (1 gallon
container stock) will be planted on 10 -foot centers at the toe of
the transition slope from the littoral areas to the uplands. The
transition zone itself will be planted with smooth brome grass to
provide ground cover and minimize erosion. The seed will be
applied at a rate of '12 to 15 pounds per acre.
The maintenance of the wetland enhancement area will consist
of ensuring that an 80% survival rate is achieved at the end of
the second growing season. The maintenance of the wetland
creation area will consist of ensuring that a 70% cover by
desirable wetland species is attained by the end of the second
growing season. No long --term maintenance should be. required.
The monitoring/evaluation plan consists of monitoring the
wetland enhancement area at six months. and one year after
planting and for two additional years:thereafter. .The survival
rate will be evaluated and planted species that have died will be
replaced to meet the 80% criteria. The wetland creation area
will also be monitored in the same way, and replanting will be
performed to meet the 70% criteria. An annual monitoring report
will be submitted to the Corps of Engineers for their review and
comment.
2.
CONSTRUCTION STANL)ARDS
In order to ensure that wetland impacts are limited to the
immediate area of the wetland fill, and that adjacent wetland is
not adversely affected, the permittee will ensure that:
a. Equipment operators will be instructed by the permittee to
prevent damage to the surrounding landscape.
b. Fencing or other obvious barrier will be installed between
the permitted wetland area and adjacent wetland to assure
protection of non -permitted wetlands. Under no circumstances will
heavy equipment be allowed in the unpermitted wetland area.
c. Under no circumstances will waste materials of any kind be
dumped or temporarily stored in unpermitted wetlands.
d. Measures will be taken when necessary and as needed to
eliminate or minimize any interference or disturbance to
wildlife.
3.
-