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HomeMy WebLinkAbout3.0 PC Staff Report 05.17.2000PC 05/17/00 PROJECT INFORMATION AND STAFF COMMENTS REQUEST: Preliminary Plan review of the Cerise Ranch Subdivision. APPLICANT: Wintergreen Homes. ENGINEERS: High Country Engineering. PLANNERS: The Land Studio, Inc. LOCATION: A parcel of land located in portions of Sections 29, 32 and 33, Township 7 South, Range 87 West of the 6th P.M. Garfield and Eagle County. Approximately five (5) miles east of Carbondale on the north side of Highway 82, directly west and north of the Dakota subdivision SITE DATA: 301.520+7- acres. WATER: Shared Well (Willow well). SEWER: I. S. T. S. (Individual Sewage Treatment System). This means secondary treatment will be supplied. ACCESS: Highway 82. ZONING: A/R/RD. ADJACENT ZONING: East (Northerly portion): A/R/RD. East (Southerly portion): Dakota Subdivision. West: A/R/RD. North (Westerly portion): PUD. North (Easterly portion): Subdivision. South: A/R/RD. 1 I. DESCRIPTION OF THE PROPOSAL A. Site Description: The subject property is located approximately five (5) miles east of Carbondale on the north side of Highway 82, directly west and north of the Dakota subdivision. The far easterly portion of the property is in Eagle County and is proposed to be open space. The southern portion of the property is relatively flat and is crossed by Blue Creek and a few existing irrigation ditches. A large amount of the southern portion of the property is within the 100 year flood plain of Blue Creek and is also designated as wetlands. All of this area except a small area of wetlands will be preserved as open space. The small area of wetlands not to be preserved as open space will "be restricted to no development and be avoided through careful design of lots and driveways", as noted in the applicant's submittal. This will need to be a plat note on any Final Plat to be recorded (See language in staff recommendation section of this staff report). The northern portion of the property is above 40% slope and is subject to geologic constraints. The great majority of this area will not be developed. Only the northwest portion of the subject property where there are steep slopes will be impacted with development. A road is proposed to be built through a portion of the property above 40% slope to access the proposed water tank which is to be located in an area of greater than 40% slope. A driveway is proposed to be built across two (2) proposed lots (lots 53, 54) within an area above 40% slope to access one (1) proposed lot (lot 52). Details of the improvements for this driveway to be built must be submitted to the Planning Department prior to Preliminary Plan review by the Board of County Commissioners. Further, the proposed access easement with dimension, as shown on the submitted Preliminary Plan must be included on any Final Plat for recording. The proposed lot (lot 52) has a building envelope which is less than 40% slope. Any necessary mitigation measures as determined for any construction in areas above 40% slope will be conditions of any Final Plat. The site is currently occupied by a house and other out buildings, some of which, including the house, will be retained on one of the proposed lots (Lot 68). The site is currently actively used for grazing of cows and horses. The existing pond on the property which is dry will be abandoned. A new pond in the designated Open Space area may be constructed at a later date for aesthetic purposes only. This will not be a part of this application. However, if in the construction of this pond, ground water is to be exposed, a well permit will be required. Three types of plant communities/ecosystems exist on the subject property. These are oak/serviceberry shrubland, herbaceous pasture lands, and wetland communities. 2 B. Development Proposal: The applicant is proposing to subdivide the tract into a total of sixty-eight (68) residential lots with 14 accessory dwelling units (ADUs), one (1) on each of fourteen (14) lots (lots 7, 8, 9, 10, 11, 14, 15, 16, 17, 25, 36, 52, 53, and 68) for a total of 82 units. The lots range in size from 2.004 acres to 40.748 acres. The development is proposed to be built in two phases as described in the submittal. As per Section 4:34 of the Subdivision Regulations, since this proposal is for less than 100 lots, all lots must be final platted within five (5) years. Water is to be supplied by a shared well (Willow well) through a well sharing agreement. Individual Sewage Treatment Systems (ISTSs) are proposed for each lot. These provide more treatment of sewage than ISDSs (secondary treatment). Access will be via a single access off of Highway 82 in the western portion of the subject lot with an additional emergency access off of Highway 82 in the eastern portion of the subject lot. II. RELATIONSHIP TO THE COMPREHENSIVE PLAN The Garfield County Comprehensive Plan, Study Area 1, 1995 designates the subject property as Medium Density Residential (6 to less than 10 AC/DU). The proposed subdivision proposes a density of approximately 3.68 AC/DU. This is in excess of the designated density for the subject property. However, this proposal is directly adjacent to the existing Dakota Subdivision which is designated as high density residential and is approved for higher density than the Cerise Ranch proposal. Objective 5.2 of the Comprehensive Plan states: The County will support and encourage the creation of open space, through the development and implementation of zoning, subdivision and PUD regulations designed to retain and enhance existing open space uses. Cerise Ranch proposes to maintain a significant amount of the subject property as open space which will promote this objective. Objective 5.5 of the Comprehensive Plan states: Visual corridors are considered an important physical attribute of the County and policies will reflect the need to carefully plan these areas. Cerise Ranch is proposing to place the majority of residential lots away from Highway 82 which will allow the homes to blend more into the existing back drop. In addition, the four (4) proposed lots in the southeast portion of the property which are close to Highway 82 will be in close proximity to the existing Dakota subdivision and other developments which are of a higher density lending a transition zone to the proposed open space on-site. Thus, this application is in general conformity with the Comprehensive Plan. III. REVIEW AGENCY/PUBLIC COMMENTS A. Colorado Division of Water Resources: In a letter dated, March 21, 2000 (See pgs. 19-22), the Division of Resources states, "...the proposed water supply is physically adequate and will not cause material injury to decreed water rights, provided the applicant obtains valid well permits for the proposed uses." Obtaining valid well permits will be a condition to be met prior to Final Plat approval since the applicants have an approved water contract with the Basalt Water Conservancy District. The letter from the Division of Water Resources also states: "Also note that well permits are necessary prior to the exposure of ground water by the proposed ponds, and that well permits for residential use will require that engineered individual sewage treatment systems be of the non -evaporative type unless otherwise requested and supported by consumptive use estimates...Our records also indicate that several exempt wells may exist within the proposed development (Two pages listing eight wells are attached). If any of these wells are within the proposed subdivision, they must either be included in the District's TSSP or an augmentation plan, or will be required to be plugged and abandoned pursuant to the conditions of the new well permits for the development." These will all be conditions of any Final Plat approval. B. Colorado Department of Public Health and Environment: No comments were received from the Department of Health. D. Mt. Sopris Soil Conservation District: No comments were received from the Mount Sopris Soil Conservation District. E. Garfield County Vegetation Management: In a memorandum dated 03/13/00 (See pgs 23, 24), Steve Anthony, of Garfield County Vegetation Management states, "The plan doesn't address weed control or revegetation." With this, he includes four (4) comments which are summarized below: 1. Request the applicant to conduct a noxious weed inventory. 2. Ask the applicant to submit a written Weed Management Plan. 3. The revegetation plan within the application needs to detail revegetation plans for all proposed disturbances and include a seed mix, method of planting, and reseeding planting schedule. 4. The covenants should address noxious weeds. These comments as outlined in the memorandum received from the agency (See pgs. 23, 24), must be adhered to with any Final Plat submittal. 4 F. Holy Cross Energy: No comments were received. G. Garfield School District No. Re -1: In a letter dated, April 14, 2000, (See p. 25), Garfield School District No. Re -1, states, "...the District is requesting cash -in -lieu of land dedication to be calculated in accordance with the District's formula as adopted by Garfield County earlier this year." H. Garfield County Sheriff's Department: In a letter dated March 9, 2000, (See p. 26), the Sheriff's Department stated the following concerns: The need to ensure all access roads are of sufficient width to accommodate fire and EMS equipment. 2. Any roads that are a dead end or cul-de-sac type should have an ending radius large enough to accommodate fire or EMS equipment's turn around ratio. 3. All roads and roadways shall be clearly marked with correct County road numbers and names. 4. All street addresses be clearly marked and visible from the County road or access roads. These will be conditions of any Final Plat approval. Carbondale Fire District: In a letter dated March 3, 2000 (See p. 27), the Carbondale Fire District is favorable to the provisions for fire protection as presented by the applicant in the submitted application. Homes over 3,600 square feet are to be equipped with automatic fire sprinkler systems, and impacts fees in the amount of $417.00 per single family lot are to be paid. These will be conditions of any Final Plat. J. Colorado Department of Transportation: In a telephone conversation with Mike Smith, of CDOT, he indicated that no comments or permits have been issued for this application due to a back log at CDOT. He also indicated, that although not guaranteed, once he had time to review the applications for primary and emergency access, it was likely that the applicant would receive such permits with conditions. As such, please refer to the section within this staff report on access for a detailed examination of this issue. Colorado Division of Wildlife: In a letter dated 03/22/00 (See pgs. 28-33), numerous comments were presented by CDOW. The following are those which will be conditions of any Final Plat approval: 5 As per Garfield County regulations, one dog per lot will be allowed, and it must be confined within the owner's property boundaries.. Comment number 3, Fencing, as outlined in the letter. Wildlife mitigation should only be considered if avoidance is not possible. Comment number 4, Wildlife Mitigation: As per "Response to Division of Wildlife Letter Dated 01/18/00", included in Section 14, of the applicant's submittal, which states in Item 9, "The applicant will establish a wildlife mitigation trust fund to be used to mitigate for wildlife impacts on site or adjacent to the site. The applicant will contribute $100.00 per unit to the wildlife mitigation trust fund upon the sale of each unit. Use of the trust fund money will be the responsibility of the Homeowners Association." Comment number 5, Bears/Trash Removal, as outlined in the letter. Comment number 8, CDOW Indemnification, as outlined in the letter. Comment number 9, Open Space Management, as outlined in the letter. Comment number 11, Educating Residents, as outlined for small developments. These comments (#3, 5, 8, 9, and 11) as included in the CDOW letter of March 22, 2000, and the application submittal ("Response to Division of Wildlife Letter Dated 01/18/00" Item 9, in Section 14) must be included in any recorded covenants for this application. In addition, the following plat notes must be included on any Final Plat for recording: "One dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." "Fencing will be restricted throughout the development to facilitate wildlife movements, optimize habitat availability, and reduce wildlife mortality. See covenants for specific restrictions." "The comment received from the Colorado Division of Wildlife, Comment #5, titled Bears/Trash Removal in their letter of March 22, 2000, and included in the covenants must be adhered to by all residents" "The CDOW shall be indemnified against all future claims in regards to wildlife damage." "The subdivision shall be prohibited from chasing, scaring, frightening, disturbing of other forms of harassment in an attempt to coerce wildlife off open space areas. This provision shall apply during winter and production periods. Winter periods are defined as December 1 through April 30 and production periods as May 1 through June 30." "General brochures available from CDOW with regard to wildlife to educate homeowners will be distributed to all homeowners upon the purchase of a lot." U.S. West Communications: U.S. West Communications returned their copy of the application with no comments. M. Colorado Geological Survey: In a letter dated March 18, 2000 (See pgs. 34-37), the Colorado Geological Survey comments included (Please note that these comments were in reference to the original submittal which has been modified with respect to these comments and those from Wright Water Engineers): "We recommend that the County require the developer provide a comprehensive mitigation plan prior to approval." This was in reference to debris flow hazards. "A slope stability analysis should be performed at this location to quantify the effects of additional toe excavations for the road alignment. The county should not give approval until this is resolved. If mitigation is being considered it should be designed and included in the grading plan." This was in reference to the grading for Road B at the toe of the mapped landslide which is active. "The building envelopes for lots 23 and 26 lie within the outer subsidence risk zone. We recommend that those lot envelopes be readjusted so that actual building footprints lie outside of the subsidence risk zones. Potential lot buyers should also be made aware of the risks of future subsidence." With regard to collapsible/compressive soils it was stated, "The geotechnical consultant's recommendations must be complied with for foundations on these soft, compressible soils... The report did not clearly distinguish the well rounded packed river gravel from the alluvial fan gravel...Their foundation performance is much poorer than river gravel and could be prone to settlement and compaction, especially if wetted....We reiterate that control of surface drainage and subsurface water is important to the performance of foundations and slabs on grade." Under "Other Considerations" it was stated, "The odd narrow lot configurations and shallow ground water levels may severely impact the design of ISDS. It was concluded, "Provided the additional work and recommendations we stated above are required by the county prior to approval and the results of that additional work is satisfactory, the CGS finds no inherent geologic hazards that would preclude 7 the bulk of this development as it was intended." All of these comments were taken into consideration by Wright Water Engineers, in their review of the most recent (April 12, 2000) application on behalf of the County. As such, the comments from Wright Water Engineers (WWE) addresses all of these concerns and WWE's comments will be used as conditions of approval as stated below. However, this does not exempt the applicants from performing any engineering/design/building etcetera that was presented in the applicant's submittal (i.e. what was included in the applicant's geotechnical consultant's report). N. RFRHA: In a memorandum dated 03/01/00 (See p. 38), Noel Huff of RFRHA states, "As there are no proposed access over or encroachments upon railroad corridor, T see no potential impacts to the railroad right-of-way from the application...The applicant may want to consider a future connection across Highway 82 to this trail system during the development of the PUD." Please note: this application is not PUD. 0. RFTA: In a memorandum dated 03/15/00 (See pgs. 39-45), Roaring Fork Transit Agency states, "RFTA would like to see the developer cover the associated transit costs of the development and at a minimum, cover the startup capital costs of transit which are estimated to be around $140,000 ($77,000 for vehicles and $63,000 for Park -and -Ride spaces). This is approximately $2,000 per dwelling unit and could be paid at the time of building permit." Staff notes: There are no provisions in place to require these fees as requested by RFRA and thus, they will not be made a condition of any approval. P. Eagle County Planning Department: No comments were received. Q. AT & T Cable Services: No comments were received. R. Garfield County Road and Bridge: In a memorandum dated 03/09/00 (See p. 46), Road and Bridge responded, "I do not see any physical road impacts as all traffic enters and exits onto State Highway 82." S. Garfield County Engineer (Michael Erion, Wright Water Engineers): Wright Water Engineers commented in a letter dated May 2, 2000, (See pgs. 47-49)with respect to a number of issues including Water Supply, Water System, Wastewater, Drainage, Soils/Geology, Wetlands/404 Permitting, Roads, and Miscellaneous Comments. The majority of specific comments will be addressed in the appropriate sections below. With respect to the Miscellaneous comments (14, 15, and 16), all of these comments will be conditions to be met for Final Plat submittal to be reviewed by the Board of County Commissioners. T. U.S. Army Corps of Engineers: In a letter dated 04/05/00 (See pgs. 50-53), Sue Nall, 8 states, "The Chief of Engineers has issued nationwide general permit number 3 which authorizes the discharge of dredged or fill material in waters of the United States for maintenance related activities...Your project can be constructed under this authority provided the work meets the conditions listed on the enclosed information sheets...This verification is valid until February 11, 2002. If you have not completed your project by that time, you should contact the Corps of Engineers to obtain information on any changes which may have occurred to the nationwide permits." All representations by the Corps of Engineers in this letter will be conditions of approval of any Final Plat. IV. MAJOR ISSUES AND CONCERNS 1. Water Supply; Water is proposed to be supplied via a shared well (Willow Well). As per the Division of Water Resources comments, all necessary well permits will have to be obtained prior to Final Plat approval (included in any Final Plat submittal). The comments received from the Division of Water Resources detailed in the agency comments section of this report must be adhered to as a condition of Final Plat. Wright Water Engineers states in comment number 2, "A permanent augmentation plan will be decreed for the project by the Basalt Water Conservancy District and paid by the applicant. This cost should be paid by the applicant or included in SIA prior to any Final Plat approval." If this cost is to be paid out -right by the applicant, it will need to be done prior to the recording of any Final Plat. If a SIA is to be entered into, it will need to be submitted with any Final Plat submittal (before Final Plat approval). For simplicity, it is assumed that a SIA will be entered into by the applicant, and as such, this condition has been placed in the recommendation section as required with any Final Plat submittal. Comments 3 and 4, from Wright Water Engineers will be conditions as stated in the letter (for any Final Plat submittal). 2. Zoning: The subject property is zoned A/R/RD. Uses by right: Single family dwelling and customary accessory uses. Accessory dwelling unit approved as part of a public hearing or meeting on a subdivision. This application is proposing 14 accessory dwelling units on lots 7, 8, 9, 10, 11, 14, 15, 16, 17, 25, 36, 52, 53, and 68. 9 Section 5.03.21 Accessory Dwelling Unit: Use of a structure as an accessory dwelling whether approved by Special Use, use by right in a new subdivision approval, or an existing lot must meet the following standards, as well as all other standards applicable to residential use: (1) The minimum lot size shall be four (4) acres containing a building site which slopes less than 40% at least two (2) acres in size. All of the proposed lots for ADUs meet this criteria. (2) The gross floor area for residential use occupancy shall not exceed 1500 sq. ft. (3) This will be a condition of any Final Plat approval. Approval from the subdivision homeowners association and/or allowed by covenant if applicable. This will be a condition of any Final Plat approval. (4) Proof of a legally adequate source of water for an additional dwelling unit. (5) This criteria has been met according to the letter received from the Division of Water Resources. However, all comments and conditions with regard to water supply contained within this staff report must be met to ensure this is ultimately met. Compliance with the County individual sewage disposal system regulations or proof of a legal ability to connect to an approved central sewage treatment facility. This means that an adequate single ISTS can be constructed to serve both the primary dwelling unit and accessory dwelling unit, or, two separate adequate ISTSs may be constructed, one for the primary dwelling and one for the accessory dwelling. However, it must be noted that domestic waste water cannot exceed 2000 gallons per day (gpd) on any individual lot regardless if there is one or two ISTSs. If domestic waste water is to exceed 2000 gpd on any lot, state approval would be required. This will be a condition of any Final Plat approval. (6) Only leasehold interests in the dwelling units is allowed. This will be a condition of any Final Plat approval. 10 (7) That all construction complies with the appropriate County building code requirements. (A.95-076) This will be a condition of any Final Plat approval. Minimum Lot Area: Two (2) acres. Maximum Lot Coverage: Fifteen percent (15%). Minimum Setback: (1) Front yard: (a) arterial streets: seventy-five (75) feet from street centerline or fifty (50) feet from front lot line, whichever is greater; (b) local streets: fifty (50) feet from street centerline or twenty-five (25) feet from lot line, whichever is greater; (2) Rear yard: Twenty-five (25) feel from rear lot line; (3) Side yard: Ten (10) feet from side lot line, or one-half (1/2) the height of the principal building, whichever is greater. Maximum Height of Building: Twenty-five feet. Additional Requirements: All uses shall be subject to the provisions under Section 5 (Supplementary Regulations). 3. Roads: Access is to be via a single entrance in the westerly portion of the subject property directly off of Highway 82. An emergency access is to be placed in the easterly portion of the subject lot, also directly off of Highway 82. Section 4:60 (C) of the Subdivision Regulations states, "Evidence that all lots and parcels created will have access to a public right-of-way, as required by Colorado states law." At this time, no road access permits have been submitted. However, as discussed above, CDOT has not had an opportunity to review the applied for access permits due to a severe back log. According to Colorado Revised Statutes, Section 43-2- 147(5)(a), "If the department of transportation undertakes to administer access permits in a jurisdiction (as is the case in Garfield County), it shall act upon requested access permits within forty-five days of request. If the department of transportation fails to act within forty-five days upon a requested access permit, such permit shall be deemed approved. Access permits shall be issued only in compliance with the access code and may include terms and conditions authorized by the access code." It this case, in excess of forty-five days have elapsed. Thus, the permits are technically "issued". However, to avoid any confusion as to what improvements will 11 be required for the applied for ("issued")accesses, and to accommodate the applicant since they have done everything in their power to receive access permits, these permits will be required (must actually be reviewed and issued by CDOT with any necessary conditions) prior to review of the Preliminary Plan by the Board of County Commissioners and not at this time. Comment 13, from Wright Water Engineers also states the need for these permits prior to preliminary plan approval (by the Board of County Commissioners). With regard to the Army Corps of Engineers, all conditions of the nationwide general permit number 3 as approved, will have to be adhered to by the applicant as a condition of any Final Plat approval. 4. Waste Disposal: Individual Sewage Treatment Systems (ISTSs) are proposed for each lot. These systems provide secondary treatment of sewage. These systems should be adequate for this application. However, all representations made by the applicant within the submitted application with regard to ISTSs including but not limited to the report submitted by HP Geotech dated January 26, 2000, the ISTS management plan included in the covenants, and the ISDS requirements included in Section 18 must be adhered to. As stated in comment number 5 from Wright Water Engineers, all Individual Sewage Treatment Systems (ISTSs) must be designed by a registered professional engineer. This will be a condition of any Final Plat approval. In addition, from the comments received from the Division of Water Resources, "...individual sewage treatment systems be of the non -evaporative type unless otherwise requested and supported by consumptive use estimates." These will be conditions of approval of any Final Plat. Soils/Geology: There are a number of soil/geology issues present on the subject property including slopes over forty percent (40%), subsidence zones, and landslide areas. These can be adequately addressed by following the information submitted by the applicant and the comments received from Wright Water Engineers. Comments 9, 10, and 11 from Wright Water Engineers will be conditions to be met for Final Plat submittal. 6. Wetlands: As per the comments received from WWE, "Impacts to wetlands and waters of the U.S. have been permitted with the U.S. Army Corps of Engineers for the Road A and Road F crossings of Blue Creek." In addition, as stated in the submittal by the applicant, the small area of wetlands not to be preserved as open space will "be restricted to no development and be avoided through careful design of lots and driveways." This will require the following plat 12 note to be included on any Final Plat to be recorded: "Any wetlands on this property not to be preserved as open space will be restricted to no development and be avoided through careful design of lots and driveways." 7. Fire Protection: Based on the letter received from the Carbondale Fire Protection District, all provisions for fire protection represented by the applicant in the submitted application including paying the $417.00 development impact fee per single family lot will be conditions of any Final Plat approval. Homes over 3,600 square feet in area are to be equipped with automatic fire sprinkler systems, as represented by the applicant, and thus, language to this effect must be included in any covenants to be recorded, and the following plat note must be included on any Final Plat to be recorded: "Homes in excess of 3,600 square feet shall be equipped with automatic fire sprinkler systems." Language in the covenants will be a condition of any Final Plat submittal (prior to Final Plat approval). 8. Garfield County Comprehensive Plan: Section 4:33 of the Garfield County Subdivision Regulations requires that the Board of County Commissioners make a decision regarding the Preliminary Plan based on the recommendation of the Planning Commission and on the conformity or compatibility of the proposed subdivision with the Garfield County Comprehensive Plan. The Subdivision Regulations require that the Board review an application based on compatibility with various issues including the Comprehensive Plan. As discussed above, this application is in general conformity with the Comprehensive Plan. 9. Vegetation: As outlined above, the recommendations of Garfield County Vegetation Management (See pgs. 23-24) must be addressed within any Final Plat submittal to be reviewed by the Board of County Commissioners. 10. Drainage Plan: Comments 6, and 7 from Wright Water Engineers will be conditions to be addressed for Final Plat submittal. 11. Wildlife: As discussed above, the Division of Wildlife made several comments concerning wildlife. The ones that will be conditions of approval of any Final Plat have also been detailed above, and are as follows: As per Garfield County regulations, one dog per lot will be allowed and will have to be contained on the owner's property. Comment number 3, Fencing, as outlined in the letter. Wildlife mitigation should only be considered if avoidance is not possible. 13 Comment number 4, Wildlife Mitigation: As per "Response to Division of Wildlife Letter Dated 01/18/00", included in Section 14, of the applicant's submittal, which states in Item 9, "The applicant will establish a wildlife mitigation trust fund to be used to mitigate for wildlife impacts on site or adjacent to the site. The applicant will contribute $100.00 per unit to the wildlife mitigation trust fund upon the sale of each unit. Use of the trust fund money will be the responsibility of the Homeowners Association." Comment number 5, Bears/Trash Removal, as outlined in the letter. Comment number 8, CDOW Indemnification, as outlined in the letter. Comment number 9, Open Space Management, as outlined in the letter. Comment number 11, Educating Residents, as outlined for small developments. Further, the required plat notes as discussed previously in the comments section of this staff report will need to be included on any Final Plat to be recorded. 12. Radiation: In a letter dated September 8, 1999, and included in Section 12 of the submitted application, CTL/Thompson, Inc. Consulting Engineers states, "In our opinion, our data indicates normal background radiation at this site." Thus, radiation does not appear to be a concern on this site. 13. School Fees: School fees in the amount of $20,536.00 as determined using the required formula must be paid as a condition of any Final Plat approval. 14. Road Impact Fees Since the subject parcel does not directly access a county road, no road impact fees will be assessed. V. SUGGESTED FINDINGS: 1. That the proper publication and pubic notice and posting were provided by law for the hearing before the Planning Commission. 2. That the hearing before the Planning Commission 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 proposed Subdivision can be determined to be in the best interest of the health, safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application has fully met the requirements of the Garfield County 14 Subdivision Regulations of 1984, Section 4:00 Preliminary Plan. VI. RECOMMENDATION: Staff recommends APPROVAL of the proposed subdivision with the following conditions: 1. That all representations of the applicant, either within the application or stated at the meeting before the Planning Commission, shall be considered conditions of approval. 2. As per Section 4:34 of the Subdivision Regulations, Preliminary Plan approval shall be valid for a period not to exceed one (1) year from the date of Board approval, or conditional approval, unless an extension of not more than one (1) year is granted by the Board prior to the expiration of the period of approval. Prior to Preliminary Plan review by the Board of County Commissioners: 3. Access permits which have been reviewed and approved with any necessary conditions by CDOT must be submitted. 4. Details of the driveway improvements for the driveway to access proposed lot 52 must be submitted. As part of any Final Plat submittal (prior to Final Plat approval): 5. Valid well permits for all proposed wells must be obtained and submitted. 6. The four (4) comments from Garfield County Vegetation Management must be addressed. 7. Comments 3, 4, 6, 7, 9, 10, 11, 14, 15, and 16, from Wright Water Engineers must be addressed. 8. Language must be included in the covenants which states that homes over 3,600 square feet in area will be equipped with automatic fire sprinkler systems. 9. The cost for a permanent augmentation plan must be paid for by the applicant or included in a Subdivision Improvements Agreement. 10. Comments 3, 5, 8, 9, and 11 as included in the CDOW letter dated March 22, 2000, and the "Response to Division of Wildlife Letter Dated 01/18/00", Item 9, in Section 14 of the applicant's submittal must be included in the covenants. 11. The Final Plat must include the proposed access easement to lot 52 with dimensions 15 as was submitted for Preliminary Plan. 12. Required Plat notes: "One dog will be allowed for each residential unit and the dog shall be required to be confined within the owner's property boundaries." "Fencing will be restricted throughout the development to facilitate wildlife movements, optimize habitat availability, and reduce wildlife mortality. See covenants for specific restrictions." "The comment received from the Colorado Division of Wildlife, Comment #5, titled Bears/Trash Removal in their letter of March 22, 2000, and included in the covenants must be adhered to by all residents" "The CDOW shall be indemnified against all future claims in regards to wildlife damage." "The subdivision shall be prohibited from chasing, scaring, frightening, disturbing of other forms of harassment in an attempt to coerce wildlife off open space areas. This provision shall apply during winter and production periods. Winter periods are defined as December 1 through April 30 and production periods as May 1 through June 30." "General brochures available from CDOW with regard to wildlife to educate homeowners will be distributed to all homeowners upon the purchase of a lot." "Any wetlands on this property not to be preserved as open space will be restricted to no development and be avoided through careful design of lots and driveways." "Homes in excess of 3,600 square feet shall be equipped with automatic fire sprinkler systems." "No open hearth solid -fuel fireplaces will be allowed anywhere within an exemption. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. sec., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances." "All exterior lighting will be the minimum amount necessary and all exterior lighting will be directed inward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries." 16 "Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. All must be prepared to encounter noises, odor, lights, mud, dust, smoke, chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as part of a legal and non -negligent agricultural operations. - "All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source of information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County." As part of any Final Flat approval: 13. All comments received from the Sheriff's Department in the letter dated March 9, 2000. 14. The comments regarding wildlife as detailed in this staff report. 15. All representations of the Army Corps of Engineers in their letter dated 04/05/00, and all conditions of the issued nationwide general permit number 3. 16. Section 5.03.21 Accessory Dwelling Unit, of the Subdivision Regulations, must be complied with. 17. Comment number 5 from Wright Water Engineers which requires all ISTSs to be designed by a registered engineer. 18. As stated in the letter dated March 21, 2000, from the Division of Water Resources, individual sewage treatment systems must be of the non -evaporative type unless otherwise requested and supported by consumptive use estimates. 19. Impact fees for fire protection must be paid. 20. School fees in the amount of $20,536.00 must be paid. 17 21. As per Section 4:34 of the Subdivision Regulations, with regard to phasing, all lots must be final platted within five (5) years. 22. Any necessary mitigation measures as determined for any construction in areas above 40% slope. 23. As per the Division of Water Resources comments, any exempt wells which exist within the proposed development must either be included in the District's TSSP or an augmentation plan, or will be required to be plugged and abandoned pursuant to the conditions of the new well permits for development. 24. As per the comments received from the Division of Water Resources, if any ground water is to be disturbed for the proposed ponds, well permits will be required. 18 gfRiftbfienoRADo OFFICE OF THE STATE ENGINEER Division of Water Resources Department of Natural Resources 1313 Sherman Street, Room 818 Denver, Colorado 80203 Phone: (303) 866-3581 FAX: (303) 866-3589 http://water.state.co.us/default.htm March 21, 2000 Jeff Laurien Garfield County Planning Dept 109 8th St Ste 303 Glenwood Springs CO 81601 Re: Cerise Ranch —Wintergreen Homes Preliminary Flan SW%SE% Sec. 29, N%2 Sec 32 & NW% Sec. 33, T7S, R87W, 6TH PM W. Division 5, W. District 38 Dear Mr. Laurien: Bill Owens Governor Greg E. Walcher Executive Director Hal D. Simpson, P.E. State Engineer We have reviewed the additional information concerning the above referenced proposal to subdivide a parcel of approximately 301 acres into 68 single family residential lots, with an additional dwelling unit (ADU) to be located on 14 of these Tots. Water will be diverted to irrigate up to 3,000 square feet of lawn for each single family dwelling, with an additional 1,500 square feet of lawn for each ADU. 12.3 acres of ponds, which will intercept ground water, are also proposed. Total water use for the development is estimated at 81.5 acre-feet, with a consumptive use of 48.47 acre-feet. The applicant proposes to provide water through wells used in a central system pursuant to a contract with the Basalt Water Conservancy District (the District). A copy of the contract has been provided with the additional information. Sewage disposal is proposed to be provided through individual engineered sewage treatment systems. A report from Zancanella and Associates, Inc., included with the submittal indicates that a monitoring hole was completed under MH -37772 on the property. The monitoring hole was test pumped on February 10 and 11, 2000, at 85 to 120 gallons per minute for about 26.5 hours. The initial water level was 11.6 feet, and the maximum drawdown was approximately 5.2 feet below this level. With adequate storage capacity this monitoring hole should be able to produce a sufficient physical supply for the proposed use. proposed supplywould tributary to the Roaring Fork River, The source of the r0 OSec. water Su � be tributary which is a tributary of the Colorado River. Due to the fact that the Colorado River is overappropriated, a plan for augmentation is required to offset depletions caused by the development. However, since this development is within area A of the District's temporary substitute supply plan (TSSP), this office may initially be able to approve well permits as provided therein. Take note that TSSP's are temporary by definition, and that to provide for a permanent water supply the development must either be included in the District's plan for augmentation or pursue their own plan. Also note that well permits are necessary prior to the exposure of ground water by the proposed ponds, and that well permits for the residential use will require that the engineered individual sewage treatment systems be of the non -evaporative type unless otherwise requested and supported by consumptive use estimates. Currently, no permit applications for this development have been submitted for review by this office, and inclusion in the District's TSSP does not guarantee that such permits can be Jeff Laurien March 21, 2000 Cerise Ranch — Wintergreen Homes issued. Our records also indicate that several exempt wells may exist within the proposed development (Two pages listing eight wells are attached). If any of these wells are within the proposed subdivision, they must either be included in the District's TSSP or an augmentation plan, or will be required to be plugged and abandoned pursuant to the conditions of the new well permits for the development. Based on the above, it is our opinion, pursuant to Section 30-28-136(1)(h)(I), that the proposed water supply is physically adequate and will not cause material injury to decreed water rights, provided the applicant obtains valid well permits for the proposed uses. We suggest that approval of the final plat be withheld until the necessary well permits are approved. If you or the applicant has any questions concerning this matter, please contact Craig Lis of this office for assistance. Sincerely, Kenneth W. Knox Assistant State Engineer Enclosures: List of exempt well permits (two pages) KWK/CML/Cerise Ranch Wintergreen Homes ii.doc cc: Orlyn Bell, Division Engineer Joe Bergquist, Water Commissioner, District 38 REPORT DATE Thu Mar ;6 09:59:07 MST 2000 PERMIT 0 CTY OWNER INFORMATION ACTIVITY STATUS COLORADO WELLS, APPLICATIONS, AND PERMITS COLORADO DIVISION OF WATER RESOUCES 1ST USED ANN AREA GEOL WD MD Dfl USE DATE APB IRR WELL WELL WTR SEC LOC DRTH I EV MORD PAGE 1 TWN P QIRS SEC SRP RNG M LU 124059 Ud C S,u unit 5 GAR CERISE NUMBERT 12072 HWY 82 CARBONDALE, CO 81623 38 0 fl9 0301-1925_ 0 0 1540 25_ 0 950N 1520E NWNE 32 7S_ 87W S 48638 5 GAR NIDAY RICHARD CARBONDALE, CO 81623 38 0 8 t0 -1Z-1971 0 0 0 0 0 0 0 SENE_ 32 LS 87W S 110772 5 GAR WEIDE W L CARBONDALE, CO 81623 09-17-1979 38 0 0 I 0 0 0 Q 0 0 0 SWNE 32 LS 87W S NP 112034 5 GAR DENNIE J B CARBONDALE, CO 81623 10.05-1979 RC 11-t9-1979 38 0 0 8 0 0 0 0 0 0 0 _WNE 32 25 87W S NP 24947 5 GAR EDMONDS GENE CARBONDALE, CO 81623 38 0 8 Q&16-1965 0 0 20 00 49 19 0 0 SWNE 32 za 87W S 25694 5 GAR MORITZY JOHN CARBONDALE, CO 81623 38 0 8 10-29.1965 0 0 20 00 42 16 0 0 SWNE 32 7S 87W S 25695 5 GAR MORITZY JOHN CARBONDALE, CO 81623 38 0 8 10-30-1965 0 0 20.00 41 15 0.0 SWNE 32 7S 87W S rfECEJVc at :PORT DATE' u Mar 16 09:49:56 MST 2000 COLORADO WELLS, APPLICATIONS, AND PERMITS COLORADO DIVISION OF WATER RESOUCES PAGE 1 :RMIT D CTY OWNER INFORMATION ACTIVITY STATUS 1ST USED ANN AREA GEOL WELL WELL WTR SEC LOC TWN P CD DATE CD DATE Wfl MD DB USE DATE APR_ IRR AGER YIELD DPIH LFV MORD GIBS_ SEC SHP RNG_ M 9316 5 EAG NAGEL HENRY 0215 WILLITS LN CARBONDALE• CO 81623 EP 38 0 0 8 9 0 0 GW 0 0 0 1250N,2400E NWNE 33 7S 87W S RECr vtni' IT )7) 1 j� l •�. - MEMORANDUM To: Jeff Laurien From: Steve Anthony Re: Comments on the Cerise Ranch Preliminary Plan Date: March 13, 2000 Jeff, Thanks for the opportunity to comment on the Cerise Ranch preliminary plan. Eric Schaller from the DOW in his letter of 1/18/00 indicates that "it is obvious to all parties that significant weed control would be needed". The plan doesn't address weed control or revegetation. My comments are as follows: 1. Request the applicant to conduct a noxious weed inventory for the weeds listed on Garfield County's Noxious Weed List (enclosed). 2. Ask them to submit a written Weed Management Plan provide for the management of any listed weeds located on the property. Irrigation ditches are common sources of weed infestations. Their Weed Management Plan should address weed management along all irrigation ditches. The property is located in an area known to have severe thistle problems, specifically plumeless, Canada, and possibly musk thistle. Spotted knapweed is found in the El Jebel area. The applicant should be cognizant of the aforementioned weeds when conducting the weed inventory. 3. Revegetation of disturbed lands isn't specifically addressed in the plan. The applicant should detail revegetation plans for all proposed disturbances (including all road cuts). The revegetation plan should include a seed mix (plants listed by common name and scientific name), method of planting, and reseeding planting schedule. 4. The Covenants should address noxious weeds. Section 9.1 B should have language that reminds the landowners that it is their responsibility, according to the Colorado Noxious Weed Act, to manage any County Noxious Weeds that are on their property. Section 9.3 A should specifically designate roadside weed control responsibility. Section 9.2 should address weed control responsibilites for the common areas. 23 GARFIELD COUNTY NOXIOUS WEED LIST Common name Scientific name Leafy spurge Euphorbia esula Russian knapweed Acroptilon repens Yellow starthistle Centaurea solstitalis Plumeless thistle Carduus acanthoides Houndstongue Cynoglossum officinale Common burdock Arctium minus Scotch thistle Onopordum acanthium Canada thistle Cirsium arvense Spotted knapweed Centaurea maculosa Diffuse knapweed Centaurea diffusa Dalmation toadflax Linaria dalmatica Yellow toadflax Linaria vulgaris Hoary cress Cardaria draba Saltcedar Tamarix parviflora Saltcedar Tamarix ramosissima Oxeye Daisy Chrysanthemum leucantheum Jointed Goatgrass Aegilops cylindrica Chicory Cichorium intybus Musk thistle Carduus nutans Purple loosestrife Lythrum salicaria Russian olive Elaeagnus angustifolia 2� oaring rk School>%:District RE -1 1:405 Grand.:Auenue Glenwood Springs, Colorado 81601 Telephone (970) 945-6558 April 14, 2000 Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 Re: Cerise Ranch - - Wintergreen Homes Preliminary Plan To Whom It May Concern: FRED A. WALL, Superintendent JUDY HAPTONSTALL, Assistant Superintendent SHANNON PELLAND, Finance. Director The following is submitted in response to your request for comments on the Cerise Ranch - Wintergreen Homes Preliminary Plan. As you are aware, Roaring Fork School District has developed a formula for determining school site land dedication or fees -in -lieu -of land dedication for residential development within the district's boundaries. Based on the number of units included in the preliminary plan, application of this formula results in total land dedication of an amount less than the minimum requirement for a school site. Accordingly, the District is requesting cash -in -lieu of land dedication to be calculated in accordance with the District's formula as adopted by Garfield County earlier this year. Shannon Pelland Finance Director Enc. 2 RECEIVED A .r, 2000 THOMAS P. DALESSANDRI Sheriff of Garfield County Date: March 9, 2000 To: Building and Planning From: Jim Sears, Undersheri Re: Cerise Ranch Preliminary Plan GARFIELD COUNTY SHERIFF'S DEPT. P.O. Box 249 • Glenwood Springs, CO 81602 (970)945-0453 Fax (970) 945-7651 RECEIVED Ms 5 9 2011, The Sheriff's Office has reviewed the attached sketch plan for the Cerise Ranch Preliminary Plan and would like to address the following concerns. 1) The need to ensure all access roads are of sufficient width to accommodate fire and EMS equipment. 2) Any roads that are a dead end or cul-de-sac type should have an ending radius large enough to accommodate fire or EMS equipment's turn around ratio. 3) All roads and roadways shall be clearly marked with correct County road numbers and names. 4) All street addresses be clearly marked and visible from the County road or access roads. OM" FIRE • EMS • RESCUE March 3, 2000 Mark Bean Garfield County Planner 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Cerise Ranch - Preliminary Plan Dear Mark: I have reviewed the preliminary plan for the proposed Cerise Ranch Subdivision. I would offer the following comments: Access The proposed road access within the subdivision has been changed somewhat from the sketch plan. The new proposal is an improvement from the previous plan and should provide improved access for emergency apparatus. Water Supply Homes over 3,600 square feet are proposed to be equipped with automatic fire sprinkler systems. The proposed fire flows have been have been increased from 1000 gallons per minute to 1500 gallons per minute. The proposed water system and fire hydrant layout appears to be adequate. Wildfire Hazards The applicant has agreed to provide defensible spaces and/or fire resistant building materials for residences on slopes that may present a wildfire hazard. Impact Fees The applicant has agreed to pay the current development impact fees of $417.00 per single family lot. Please contact me if you have any questions. Bill Gavette Deputy Chief 27 '',KIEL! COUNTY DEPARTMENT 109 H ST. - SUITE 303 GLENWOOD SPRINGS, CO 81601 RECEIVED MAP, 0 6 2000 Carbondale & Rural Fire Protection District 300 Meadowood Drive • Carbondale, CO 81623 • 970/963-2491 Fax 963-0569 Mar 22 00 02:03p Ke11Wood J TO: JefLaurien FROM: Kelly Wood STATE OF COLORADO DIVISION OF WILDLIFE Department of Natural Resources 970-963-6523 DATE: March 22, 2000 SUBJ: Wildlife Comments -Cerise Ranch Preliminary Plan After reviewing the application for the subdivision preliminary plan, the Colorado Division of Wildlife (CDOW) as a Garfield County referral agency offers the following recommendations regarding wildlife imparts and mitigation measures. The CDOW recognizes that Garfield County will make the final decision on wildlife mitigation. The following are comments and wildlife mitigation measures that the Colorado Division of Wildlife most commonly recommends. Also included are comments specific to this application. 1) DOGS - The covenants allows one dog for each lot. I would suggest that the owners will be prohibited from harboring dogs on their property unless they have adequate facilities (ie., a fenced yard, dog run, or kennel) to contain the animals. Enclosed runs must be located immediately adjacent to the home, within the permitted disturbance zone (building envelope). (This area is known to be frequented by mountain lions, it is strongly recommended that tops be included on dog runs and/or kennels to avoid potential predation). If facilities are inadequate to contain the dog(s), the animal(s) shall be immediately removed from the subdivision/PUD until adequate structures can be built. At no time are dogs to be allowed to run freely. Dogs outside their yard, kennel or dog run must be on a leash under the direct control of its owner or a responsible party. It is the owner's responsibility to ensure compliance. Any dog harbored on-site must be licensed by the appropriate governmental entity (Garfield County or the proper municipality), and must wear the numbered identification tags provided. Visitors to the subdivision/PUD shall be prohibited from bringing dogs onto the property. Contractors and subcontractors are prohibited from bringing dogs to the subdivision/PUD site. Workers who violate this provision shall be barred from the subdivision/PUD for 10 working days for the first offense and permanently for any future offense. The County/Municipality and CDOW (Colorado Division of Wildlife) may also control stray dogs. Persons not in compliance with these dog restrictions will be responsible for any and all costs incurred by the County and/or CDOW for enforcing these provisions. 2) CATS - Cats should be kept indoors or in kennels. Even well fed domestic cats are efficient predators and can contribute significantly to the mortality of small mammals and avian wildlife populations including nesting waterfowl. k p.2 Mar 22 00 02:03p Ke11y Wood 970-963-6523 3) FENCING- Fencing ENCINGFencing will be restricted throughout the development to facilitate wildlife movements, optimize habitat availability, and reduce wildlife mortality. If peripheral fencing of the subdivision is required to restrict domestic livestock grazing on adjacent properties, fencing shall employ a three strand barbed wire fence, with strands located at 18, 30, and 42 inches above mean ground level. {Optimum wildlife fence would be 14, 26 and 38 inches). If wood rail fencing is used it should not exceed 42 inches in height and 12 inches in width (top view), and an opening in the lower 1/2 of at least 16 inches to allow passage of deer fawns and elk calves. Other fence materials such as wood slats, electric, synthetic, etc. may be used but must be wildlife friendly and not exceed 42 inches in height. CDOW is available to determine compatibility with wildlife. Homeowners will be permitted a privacy fence, (greater than 42" in height with no openings), to enclose up to 2,500 square feet, provided it is immediately adjacent to the residence and is entirely within the permitted building envelope. If security fencing is needed the following measures should be incorporated: Security fencing must not be less than seven feet in height and must be so constructed that wildlife movement between and through the subdivision/PUD & iots is not lost or impaired. 4) WILDLIFE MITIGATION — Wildlife mitigation should only be considered if avoidance is not possible. Mitigation rarely, if ever, offsets the actual impacts created and the end result is a loss in wildlife habitat resulting in a permanent loss of wildlife numbers. Once land -use decision makers decide that development shall or is likely to occur in wildlife habitat, a mitigation plan shall be prepared, by a qualified wildlife biologist, to off -set impacts for the life of the project. The following are two examples of mitigation plans that developers have found acceptable: A) An on-site analysis will be conducted, by a qualified wildlife biologist to determine the wildlife impacts. From this analysis the number of acres of wildlife habitat destroyed or impacted can be determined. Once this determination is made the cost of mitigating the adverse wildlife impacts can be made. A dollar amount (this amount is figured through a fairly simple formula) will be deposited in a Wildlife Mitigation Trust, which will then be used to mitigate those negative impacts. Interest generated by this account will be used for authorized wildlife enhancement projects in Garfield County. The principal will never be used, as the fund needs to generate interest for the life of the impacts, which is considered to be perpetuity. On-site mitigation would generally have the highest priority, followed by mitigation or enhancement in adjacent areas. Although, wildlife habitat enhancement is probably the most often used method to offset negative impacts, it should not be considered the only one. Conservation easements are another means to mitigate adverse impacts. Only one's philosophy and creativity limit how one writes the terms of a conservation easement. There may also be some tax advantages in using conservation easements. Trusts are held by the Colorado Wildlife Heritage Foundation, a non-profit organization sanctioned by the state. B) Another approach to the mitigation of wildlife impacts is to instigate an internal real estate transfer fee that will place money into a wildlife enhancement fund. Developments such as Eagle Ranch, just south of the Town of Eagle, are using a negotiated fee of .02%. Other projects such as Adam's Rib and Buckhorn are proposing 0.2%. The actual percentage depends on the size of the development and the impacts. This money is collected by the developer or the 2 p.3 Mar 22 00 02:03p Ke11Wood 970-963-6523 homeowners association on all property transactions and placed in a wildlife fund held by the Colorado Wildlife Heritage Foundation. The money is then used to mitigate the wildlife impacts through projects as discussed in A) above_ This method is fairly simple and has no up front costs. The administration of the Wildlife Mitigation Trust or the internal real estate transfer fee is done through a committee made up of a representative of the local subdivision/PUD community, CDOW, County/Municipality, BLM &Jor USFS. This committee determines the mitigation projects and the who, what, when, where, how, etc. If a developer is not interested in the above examples he or she is free to develop a wildlife mitigation plan that has the ability to offset impacts for the life of those impacts. 5) BEARS/TRASH REMOVAL- » There shall be no outside storage of any trash or garbage, no matter how briefly, at any residence or anywhere within the property, with the exception of bear -proof trash containers. Refuse should not be kept within detached garages or sheds because bears may break into these structures. The use of bear -proof trash containers is the safest and best technique to avoid bear problems. ➢ Residents will be prohibited from using compost piles unless such piles are contained in an approved bear proof receptacle. ➢ Only those receptacles certified by the North American Bear Society, National Park Service or the CDOW shall be considered to be "bear -proof' > There shall be no dumps or underground disposal of refuse within the development. ❑ Pets shall not be fed outside. ➢ With the exception of bird feeders, the feeding, baiting, salting, or other means of attracting wildlife to individual yards will be prohibited. 6) RIPARIAN/WETLANDS- Riparian & wetland areas shall be avoided. Buffer areas shall be established adjacent to these areas to ensure that construction and development impacts do not degrade them. A 75 -foot setback from the high water mark plus, any additional riparian habitat shall be the setback from any stream, creek, river, etc. The total setback will vary depending on the nature of riparian habitat along the waterway, but at no time be less than 75 feet. During all construction activities the setback shall be defined on the ground by silt fencing to guarantee no disturbance occurs within the setback Drainage and runoff should be contained and filtered prior to entering riparian/wetland areas. Small berms, swales, dips etc. may be constructed during construction and post construction to naturally hold and filter runoff. In proposals where snow plowing and storage are issues, areas shall be delineated where the runoffwill be contained and filtered before it can enter any riparian or wetland area. In many instances riparian and wetland areas have been detrimentally impacted by past land management practices. In these instances, enhancement in addition to development avoidance would be beneficiaL A note on the final plat or deed shall be used to inform all property owners that setbacks from water features are to be left in a natural state and may not be altered. Locations where water crossings (roads, trails, bike paths, etc.) are necessary, naturally spanning bridges shall be used and not culverts. This will allow free movement of aquatic life and help reduce beaver problems. p.4 Mar 22 00 02:04p Ke11y Wood 970-963-6523 Designs for development/construction in riparian and wetland areas shall avoided. Any construction work that may cause impacts to creeks, streams and rivers shall be restricted to the time period of July 15 to October 1. Current best management practices must also be used to reduce and minimize the discharge of fines, silt and sediments into the waterway(s). 7) RAPTOR SURVEY A raptor survey should be conducted by a qualified wildlife biologist if the development proposal is located in an area where raptor nesting normally occurs. The local CDOW officer is available to advise if a survey will be needed. 8) CDOW INDEMNIFICATION The CDOW shall be indemnified against all future claims in regards to wildlife damage. - 9) OPEN SPACE MANAGEMENT- frightening, disturbing or The subdivision/PUD shall be prohibited from chasing, scaring, gh g, g other forms of harassment in an attempt to coerce wildlife off open space areas. This provision shall apply during winter and production periods. Winter periods are defined as December 1 through April 30 and production periods as May 1 through June 30. The subdivision/PUD shall have the right to locally restrict wildlife from landscaping chimps and other sensitive areas by using temporary fencing and other passive means. Any fencing erected shall not restrict free movement of wildlife but should be used in small, isolated areas to help alleviate possible problems. 10) SEASONAL USE RESTRICTIONS - Use of important wildlife habitats can create additional negative impacts. Areas that need extra protection may have seasonal use restrictions placed on them, i.e. big game migration corridors, elk calving areas, waterfowl nesting areas, great blue heron rookeries, severe winter ranges, winter concentration areas, etc. 11) EDUCATING RESIDENTS - A brochure or pamphlet shall be developed by the proponent educating homeowners about the local wildlife community, the planning that went into the design of the development to accommodate future needs of wildlife, explaining what residents must do to ensure this wildlife use continues. The informational pamphlet should stress that residents have certain stewardship responsibilities that will enable them to coexist with wildlife. For small developments, there are general brochures available through the CDOW. In large PUDs this document should go into specifics on how to deal with the bats, y nuisance animal situations that will no doubt occur (species such as skunks, he, beavers, swallows, woodpeckers, coyotes, etc.). 12) ADDITIONAL COMMITMENTS - If the wildlife mitigation measures are incorporated into covenants then these covenants shall not be amended without the written consent of the CDOW, County (or Town), and subdivision homeowners. The above wildlife related covenants, can be enforced by the CDOW and/or Town/County. Subdivisions/PUDs have also been including all wildlife related mitigation measuresinto separate "Mitigation Plan document This can be very helpful to new residents when properties p.5 Mar 22 00 02:04p Ke11j Wood 970-963-6523 are sold so they will know just what is expected of them The "Mitigation Plan" is then added to the covenants and enforced accordingly. 13) ENFORCEMENT PROVISIONS FOR COVENANTS &/or PUD GUIDELINES - It has been the CDOW's experience in working with a large number of subdivisions and PVDs; the effectiveness of covenants depends on the Homeowner's Association. Too often the Association becomes lax in the enforcement or doesn`t want to enforce covenants or guidelines because the violators are neighbors or the only real remedy is to go through court action. In talking with some representatives and attorneys of associations, it appears there may be an easier way of ensuring compliance: A) An enforcement section should be written for the Association's guidelines or covenants. Due process should be provided in that violators are officially warned first, second offense is a fine (has to be enough to be meaningful --$100.00), third offense is a fine (at least double the amount of the second offense fine --$200.00), fourth offense can either be a doubling of the third offense fine or in the case of dog/livestock violation a removal of the animal(s) causing the problem for a period of not less than six months. B) If violators refuse to pay fines in a timely manner (not to exceed 30 days after notice given) then this constitutes a separate violation and the process starts anew. In other words, the first day after the fine becomes overdue a warning is given, the 2°'i day=a notice of a fine of $100, 3rd day -4200 fine, 4th day $400 fine, etc. As you can see the dollar amount can add up quickly if someone willfully refuses to pay his or her fines. The same can be used when a resident is notified to remove an offending dog(s) or livestock or to comply with fence guidelines. Instead of going to court and attempting to get a court decision to collect, liens can be placed on the offending person's property. All fine money from violations of the wildlife covenants should be deposited in the Wildlife Mitigation Fund. A small percentage (not more than 15%) of the fine money can be used for the administration of this process. C) A separate provision should be added to ensure consistent and stringent enforcement by the Association. If the Association or authorized agent(s) knowingly fail to enforce the guidelines or covenants, the Association and/or the individual will be in violation and be fined according to the fine structure outlined in the covenants. 14) SPECIFIC COMMENTS - The response to Division of Wildlife's letter dated 01/18/00 indicated the reduction of lots 44-47 from 4 to 3 lots. These lots are still in the P/J slopes, but the clustering will help reduce impact to wildlife. (Now lots 50-52). There was mention of a wildlife mitigation trust fund but I did not find reference to it in the convenants and conditions. The movement away from the wetlands of lots 65-67 will reduce the impact and may have potential for improvement of this area. SUMMARY The cumulative effects of the Cerise Ranch along with developments in surrounding properties could have severe and permanent impacts on wildlife populations as there is little public land to absorb the effects of this type of habitat loss in the part of Garfield County. As private lands, that have traditionally been in agriculture, now become developed, it becomes more and more difficult for the CDOW to manage wildlife populations. This is due to the permanent loss of p.6 Mar 22 00 02:05p Ke11y Wood 970-963-6523 the most critical habitats in the life cycle of these animals, that being winter range and reproduction areas, which are most often located on private land. Our hope is that by providing these comments, Garfield County will be able to use them to mitigate for the impacts that these developments are having on the wildlife in our county. May we continue to enjoy healthy wildlife populations for years to come. Thank you for your time. P. 7 STATE OF COLORADO COLORADO GEOLOGICAL SURVEY Division of Minerals and Geology Department of Natural Resources 1313 Sherman Street, Room 715 Denver, Colorado 80203 Phone: (303) 866-2611 FAX: (303) 866-2461 March 18, 2000 Mr. Jeff Laurien Garfield County Planning Department 109 8th Street, Suite 303 Glenwood Springs, CO 81601 GA -00-0010 RE: Cerise Ranch Subdivision Preliminary Plat Geologic Hazard Review Dear Mr. Laurien: wiP1-41 NDEPARTMENRT AL OF ATU RESOURCES Bill Owens Governor Greg E. Walcher Executive Director Michael B. Long Division Director Vicki Cowart State Geologist and Director Thank you for your submittal of the Cerise Ranch Preliminary Plan to the Colorado Geological Survey. At your request and in accordance to Senate Bill 35 (1972) this office has reviewed the submitted subdivision and conducted a field inspection on March 16, 2000. The site is located on the north side of the Roaring Fork Valley about 1 mile east of Catherine. The property borders the north side of Highway 82. We have reviewed the preliminary plan application that included the following reports that pertain directly to this review: 1. An original and revised Geologic Hazard Investigations and a Preliminary Geotechnical Investigation by CTL/Thompson, Inc.; 2. Drainage Study by High Country Engineering; and 3. Drainage Basin Analysis by Zancanella and Associates for an earlier version of Cerise Ranch development. In broad terms the development has many restrictions that result in a relatively narrow band of land that is suitable for development. Those restrictions are wet ground and 100 year flood hazards in the main flat terrace areas adjacent to Highway 82 and very steep slopes of the valley side to the north. We have reviewed the geologic hazard and geotechnical reports and generally concur with their content. The CGS also believe that debris flows, landslides and potentially unstable slopes, and ground subsidence and collapsible/compressive soils are the major hazards that affect this property. In addition potential shallow ground water may impact residential foundation, basement, and septic system construction. We judge the rockfall hazard to be relatively low and has being adequately addressed by the consultant. The following discusses the major hazards individually and includes any additional concerns, comments, and recommendations we have. sim- x . -t•'" 30+3 e,TV ` tril , SF , Sa :, ILLLJVELt MAil, L. 7 2000 ) Debris Flow Hazards The CGS believes that there is significant debris flow hazards on the two center allvuial (Basin 3 and 4) fans and flash flooding hazards from the main drainage (Basin 2) above the Cerise home site. During our inspection we found very recent small flows that still had the capability to raft boulders in the 2 to 3 foot diameter range down both small drainageways of Basin 3 to the existing ranch 4WD road. The upper portions of the building envelopes of lots 38 through 42 would be impacted by a similar sized flow. It would be prudent to interview the Cerise family to ascertain the extent of historic flows they might be aware of. While we found no visible evidence of recent debris flows for Basin 4, it is a larger basin and could generate flows larger than what is evident at Basin 3. As such we would consider lots 33 through 37 to also be at risk. The geologic consultant mentions mitigation for these areas but we find no plans in the preliminary plan application. While the drainage reports discusses debris flow potential it dismisses Basin 3 (where we saw recent evidence) and we found no discussion on bulking factors and mitigation planning. Because of the close proximity of the homes on the alluvial fans, a comprehensive mitigation plan is needed. Site specific mitigation by lot owners is not feasible if it is to rely on channelization, redirection, and conveyance of debris between lots. Only Basin 2 drainageway has been channelized in the grading plan We recommend that the County require the developer provide a comprehensive mitigation plan prior to approval. Landslides and Potentially Unstable Slopes For the most part potentially unstable slopes are being avoided in the layout of the development plan. The grading for the Road B alignment will require a 25(±) foot high cut in the toe of the mapped landslide. The consultant's report indicates that the toe of this slide is active (we concur) and gives precautions about further disturbance of this slope. A slope stability analysis should be performed at this location to quantify the effects of additional toe excavations for the road alignment. The county should not give approval until this is resolved. If mitigation is being considered it should be designed and included in the grading plan. Ground Subsidence The consultant has adequately addressed the causes for formation of sinkholes in this area. The entire low-lying area within the flood plain in the center of the property is likely a downwarping of the alluvial terrace, also in response to dissolution of the evaporitic bedrock. There is some low risk that spontaneous sinkhole formation is possible on this property. The prominent sinkhole on the property is in a higher terrain area near Highway 82 and the developer has grouped four lots around it. The building envelopes for lots 23 and 26 lie within the outer subsidence risk zone. We recommend that those lots envelopes be readjusted so that actual building footprints lie outside of the subsidence risk zones. Potential lot buyers should also be made aware of the risks of future subsidence. Collapsible/compressive soils Compressible sandy clays were noted in the preliminary geotechnical report. This material was deposited in the distal portions of the alluvial fans. The geotechnical consultant's recommendations must be complied with for foundations on these soft, compressible soils. Most of the deeper borings were done in the previously flood irrigated property so the clay soils were fairly saturated. Where these soils are dry, they can also be hydrocompactive and hydrocompressive when wetted. The report did not clearly distinguish the well rounded packed river gravel from the alluvial fan gravel. They are different with widely different properties. River gravel is sorted by water and is deposited in a packed arrangement and is generally excellent foundation material. Debris flow gravels are water transported but not sorted and can be dispersed in a lower density matrix of collapsible and compressive sandy clay debris. Their foundation performance is much poorer than river gravel and could be prone to settlement and compaction, especially if wetted. It's worth noting that severe settlement problems have occurred to residential structures in this area of the Roaring Fork River in soils very similar to these (colluvial and alluvial fan soils derived from the Eagle Valley Formation) that have become wetted and saturated. We reiterate that control of surface drainage and subsurface water is important to the performance of foundations and slabs on grade. Even with subexcavations of the clay soils and recompaction and densification, if the wetting front reaches unmodified soils below and the clayey soil column is thick enough, settlement can still occur, though more evenly balanced and less destructive. Other Considerations The odd narrow lot configurations and shallow ground water levels may severely impact the design of ISDS. Lot sizes are in the 2 to 10 acre size. In reality that is misleading because the developable areas as shown by plat and building envelopes are relatively small and tightly spaced together. If this lot layout was to satisfy certain lot area criteria for ISDS it should be examined closely by the county planning and health departments. We recommend that lot boundary should be more realistically sized to the building footprint. The excess of those long ribbon-like lots should be included as common space or conservation easements, administered and owned by the HOA. Those long lot ownership 3 3C boundaries could become potentially litigious if rockfall or debris flow from one lot impacts the other(s). Provided the additional work and recommendations we stated above are required by the county prior to approval and the results of that additional work is satisfactory, the CGS finds no inherent geologic hazards that would preclude the bulk of this development as it was intended. If you have any questions please contact this office at (303) 866-3551. Sincerely, Senior Engineering Geologist 4 Memorandum To: Jeff Laurien, Garfield County Planning From: Noel Huff, Roaring Fork railroad Holding Authority Re: Cerise Ranch PUD Date: March 1, 2000 I have reviewed the information submitted for the PUD, which consists of 68 single family plus 14 ADU's on 203.47 acres. This property lies across Highway 82 from the Roaring Fork Railroad Holding Authority's (RFRHA) rail corridor. As there are no proposed access over or encroachments upon the railroad corridor, I see no potential impacts to the railroad right-of-way from the application. For the applicant's information, the railroad right-of-way was purchased for public transportation and recreational uses. The current valley -wide trail plan for the right- of-way shows a public trail alignment along side the railroad tracks where they are currently in place in this portion of the corridor. The applicant may want to consider a future connection across Highway 82 to this trail system during the development of the PUD. The railroad corridor is also being studied for potential passenger and freight train use in this section of the corridor. The preferred alignment will leave the current railroad right-of-way at Catherine Store Rd. and follow adjacent to Highway 82 between the frontage road. The transit alignment would then reconnect with the current railroad right-of-way at Wingo Junction. No mainline transit service is currently proposed in this area, although connector routes could possibly service the development from Highway 82. These routes would connect with the mainline transit station proposed at El Jebel. Thank you for the opportunity to comment on this land use proposal. Please contact me at 704-9282 if you have any questions. cc: Tom Newland RECEIVED ►1I-2 7000 ROARING FORK TRANSIT AGENCY ASPEN, COLORADO Memo To: Jeff Laurien From: Mike Davis Date: 3/15/00 Re: Cerise Ranch Transit Impacts nogg Cerise Ranch development is located West of the Dakota subdivision and East of Catherine Store on Highway 82. (See Attachment I.) The development is proposed to have 68 single-family homes and 14 accessory dwelling units. RFTA has reviewed the development proposal and analyzed the transit impacts. The analysis includes estimated ridership, capacity constraints, and costs. Ridership Cerise Ranch will generate 10,108 new riders annually and about 15 round -trips daily (See Attachment II Part B). Since this development is outside of the 1/4 mile buffer around existing transit stops it is estimated that 100 percent of bus riders will access transit using a Kiss/Park-and-Ride facility (See Attachment 1). These facilities exist at Catherine Store and the El Jebel Park -and -Ride. Both of these facilities are in deplorable condition. Neither of these facilities are paved and the El Jebel facility is leased. Capacity Constraints Under current conditions, capacity is hard to estimate. Local valley service in the summer time averages about 40 passengers per trip with the average vehicle having 42 seats. Buses providing service to the Catherine Store bus stops have higher • Page 1 passenger loads than the average bus accessing the El Jebel Park -and -Ride. In general, the capacity is constrained during the peak hours in the peak direction and is somewhat constrained throughout the day. Costs The operating and maintenance cost of carrying about 10,000 new riders is estimated to be $22,570 annually (See Attachment II Part E). The capital bus replacement costs for serving these riders is about $7,500 annually or $77,000 every 15 years (See Attachment II Part G). These costs, however, are reduced by the fare revenue generated, which is estimated to be around $13,500. When you add in park-and-ride maintenance costs, the net annual cost of this development on the public transit system is estimated to be $16,611 annually with a one-time cost of $62,480 to construct park-and-ride spaces (See Attachment II Part J.) Site Design RFTA does not currently have any stops in the vicinity of the development and does not have plans to add any stops to serve the development. Since this is not a transit oriented design (TOD) area, RFTA will not review it as such. RFTA ridership will however increase as a result of the development. For example, residents can access transit at park-and-ride Tots. Recomendations RFTA would like to see the developer cover the associated transit costs of the development and at a minimum, cover the startup capital costs of transit which are estimated to be around $140,000 ($77,000 for vehicles and $63,000 for Park - and -Ride spaces). This is approximately $2,000 per dwelling unit and could be paid at the time of building permit. • Page 2 Cerise Ranch Transit Accessibility SH 82 and Catherine Store 0.9 0 JW DR and SH 82 Badger Road West 0.9 1.8 Miles Legend Cerise Ranch Existing Bus Stops Park -and -Ride Lots 1/4 Mile Buffer Garfield County S I auamIDP11V Attachment II Transit Mitigation Assessment Form In The Roaring Fork Valley A. Input Data Name of Development: Nearest Community: Nearest Commercial Center Cerise Ranch El Jebel/Eagle Roaring Fork Market Place Commercial Square Footage of Proposed Development Fill In One Number Of Dwelling Units: 82 Or Population at Buildout: B. Ridership Residential Land Use El Jebel/Eagle Daily Transit Trip Generation Rate (One-way Psgr-Trips per Capita) Cerise Ranch Residential Population Commercial Land Use Roaring Fork Market Place Daily Transit Trip Generation Rate (One-way Psgr-Trips per 1000 SF) Cerise Ranch Cerise Ranch One -Way Daily Trips By Season Average Vehicle Occupancy Required Number of One -Way Trips Service Days Per Season One -Way Ridership by Season One -Way Annual Ridership Estimated Population 4,000 (1) 213 Commercial Square Footage 311,234 0 Average Daily RFTA Ridership Summer Off -Season Winter 578 (2) 380 (2) 586 (2) 0.14 0.10 0.15 31 100 (3) 0.32 0 31 41 1 99 3,049 20 31 66 (3) 102 (3) 0.21 0 20 22 1 114 2,310 0.33 0 31 30 1 152 4,748 10,108 C. Peak Direction/Peak Period Ridership Cerise Ranch Summer 88% (2) Proportion of Transit Demand in Peak Direction Daily Passenger Round -Trips in Peak Direction Proportion of Transit Demand in Peak 4 -Hour Period 54% Daily Passenger Trips in Peak Direction in Peak Period Average Vehicle Occupancy Required Number of Round -Trips Off -Season Winter 14 9 14 7 5 7 41 22 30 0.2 0.2 0.2 Page 1 of 4 T'� D. Total Miles and Hours of Sevice Cerise Ranch Summer Off -Season Winter Seasonal Totals One -Way Daily Trips Service Days Per Season Budget Factor Miles/Trip Revenue Miles One -Way Running Minutes Revenue Hours Mileage Deadhead Factor Total Miles Hourly Deadhead Factor Platform Hours Annual Totals Total Miles: Platform Hours: 9,866 366 0.8 0.9 1.0 99 114 152.0 10% 23.00 (5) 1,899 2,635 4,019 45.0 15.4% (4) 31.2% (4) 62 86 131 2,190 3,040 4,636 81 113 172 E. Operating and Maintenance Costs Seasonal Totals Operating Cost/Platform Hour Annaul Operating Costs Maintenance Cost/Total Mile Cerise Ranch Summer Off -Season Winter $26.85 (6) $0.86 (6) $2,180 Annual Maintenance Cost $1,884 Direct Annual Operating Costs $4,064 Fixed Cost/Platform Hour $11.65 (6) Total Fixed Costs $946 Annual Totals Direct Annual Operating Costs Total Fixed Costs Total Gross Cost $18,308 $4,262 $22,570 $3,026 $4,616 $2,614 $3,987 $5,641 $8,603 $1,313 $2,003 F. Passenger Revenue Cerise Ranch Trip End Aspen Snowmass Pitkin County Basalt Eagle County Carbondale Garfield County Glenwood Springs Percentage (2) 54% 10% 8% 14% 3% 6% 1% 5% Annual Passenger Trips 5,416 984 837 1,371 260 632 72 537 Average Fare Per Passenger Fare Trip (7,8) Revenue $1.57 $8,526 $1.57 $1,548 $1.25 $1,047 $0.80 $1,095 $0.40 $104 $0.80 $505 $0.80 $57 $1.20 $643 Total 100% Annual Passenger Revenue $13,525 10,107 $13,525 Page 2 of 4 G. Vehicle Requirements & Cost Cerise Ranch Summer Off -Season Winter Direction Peak Period 0.2 0.2 0.2 Required Number of Round -Trips Peak 15% Spare Ratio Number of Required Vehicles Capital Costs of Vehicles Annualized Capital Cost of Buses 0.28 $76,861 $7,567 0.21 0.25 0.28 H. Housing Assistance Needs Platform Hours Service Days Drivers Needed Mechanics Needed Supervisors Needed Total Employees Needed Cerise Ranch 366 365 0.2 0.1 0.0 1.0 I. Park -and -Ride Lot Requirements One -Way Passenger Trips Percent Driving To Transit Stop Passenger Per Automobile Park -and -Ride Spaces Needed Park -and -Ride Costs Annual Maintenance Costs Cerise Ranch 31 100% (8) 1.25 12 $62,480 $3,046 J. Summary Sheet Annual Ridership Housing Units Needed Buses Needed Total Operating and Maintenance Costs Annual Passenger Revenue Park -and -Ride Costs Total Costs Cerise Ranch 10,108 1.0 0.3 Annual $7,567 $22,570 $13,525 $3,046 and $16,611 One Time $62,480 $62,480 L. References Cerise Ranch Note 1: July - 1997 Population Estimates: Demography Section of the Colorado Division of Local Affairs Note 2: 1998 RFTA Ridership Surveys Note 3: 1998 RFTA On/Off Survey Note 4: 1998/99 RFTA Winter ATC 33 Report Note 5: 1999 RFTA Service Standards Note 6: 1998 RFTA Budget Page 3 of 4 Note 7: 1999 RFTA Fare Structure Note 8: 1998 RFTA Passenger Survey Page 4 of 4 RECEIVED MAR 1 0 2103 Garfield County Road & Bridge Memo To: Jeff Laurien — Planning department From:Tom Russell Date: 03/09/00 Re: Cerise Ranch Jeff, I have reviewed the information that you provided to me on Cerise Ranch. I do not see any physical road impacts as all traffic enters and exits onto State Highway 82. If you need any other information from me, feel free to call. Tom. • Page 1 Wright Water Engineers, Inc. 818 Colorado Ave. P.O. Box 219 Glenwood Springs. Colorado 81602 (970) 945-7755 TEL (970) 945-9210 FAX (303) 893-1608 DENVER DIRECT LINE May 2, 2000 Jeff Laurien Garfield County Planning Office 109 Eighth Street, Suite 303 Glenwood Springs, CO 81601 RE: Cerise Ranch Preliminary Plan — Revised Submittal Dear Jeff: At the request of Garfield County, Wright Water Engineers, Inc. (WWE) has reviewed the April 12, 2000 Cerise Ranch Preliminary Plan submittal. Our comments on technical issues are presented below and replace our March 23, 2000 review letter. Comments that remain the same are repeated in this letter for clarity of comments. WATER SUPPLY 1. It appears an adequate potable water supply can be developed using the "Willow" wells on the property, one of which has already been drilled and tested. 2. From an engineering point -of -view, the Basalt Water Conservancy District (BWCD) water allotment contract is adequate for the project. A permanent augmentation plan will be decreed for the project by the BWCD and paid for by the applicant. This cost should be paid by the applicant or included in the SIA prior to any Final Plat approval. The BWCD water allotment contract includes water to augment pond evaporation. There are no proposed ponds on the plans; however, ponds are not required for any technical purpose for the project. WATER SYSTEM 3. The proposed water storage tank is located at the edge of landslide and potentially unstable slope area. A detailed geotechnical study will be required prior to final plat for final site location and grading in this area. 4. The water treatment and distribution system should be approved by the State prior to Final Plat submittal DENVER (303) 480-1 700 DURANGO (970) 259-741 1 BOULDER - (303) 473-9500 Jeff Laurien Garfield County Planning Office May 2, 2000 Page 2 WASTEWATER 5. The proposed Individual Sewage Disposal Systems (ISDS) utilizing Individual Sewage Treatment Systems (ISTS) designed by a registered professional engineer for each lot should be adequate for the project. DRAINAGE 6. The intersection of drainage ditches and irrigation ditches at Lot 1 and Lot 65 should be better defined to ensure that the Lot 65 building envelope is not impacted. 7. The debris flow mitigation plan presented in the drainage report appears adequate. However, the plan should be presented in the Grading and Drainage Plan (Sheets 8 and 9) with a typical detail for the berm. The debris flow mitigation structures should be referenced on the Plat and in the covenants so that final grading and landscaping on the affected lots will not alter the function of the berms and swales. 8. Adequate provisions for Best Management Practices (BMPs) for stormwater have been included in the construction drawings and the General Development Guidelines for individual lots. SOILS/GEOLOGY 9. The turnaround for Road C and the water storage tank access road includes excavation into the toe of a landslide area. A geotechnical study should be completed to address grading, retaining walls, or other special construction requirements in this area. 10. A portion of the building envelope for Lot 27 is located within the subsidence area. The building envelope should be adjusted or the area demonstrated to be "buildable." 11. Referencing Plat Note No. 11, there are numerous other building sites with soils issues that require proper foundation design. Therefore, we recommend that the Plat Note be changed to reflect text similar to the following: A site-specific geotechnical investigation shall be conducted for each lot to determine proper foundation design and mitigation of potential geologic hazards. WETLANDS/404 PERMITTING 12. Impacts to wetlands and waters of the U.S. have been permitted with the U.S. Army Corps of Engineers for the Road A and Road F crossings of Blue Creek. The proposed driveway for Lot 52 spans the Basin 2 channel and would not require a permit. E:\Work\WWE\921-047.100\RevisedSubmittalReview.doc Jeff Laurien Garfield County Planning Office May 2, 2000 Page 3 ROADS 13. The applications for State Highway Access Permits have been submitted to CDOT. These permits should be obtained prior to any preliminary plan approval. Miscellaneous Comments On The Drawings And Covenants 14. Drainage easements should be provided for the debris flow mitigation swales for Lots 35 through 44. 15. Section 4.14.D of the covenants should be edited to be a complete sentence. 16. The covenants should indicate the HOA is responsible for maintaining the Basalt Water Conservancy District water allotment contract and/or other water rights for the potable water system. Please call if you have any questions or need additional information. Very truly yours, WRIGHT WAT ' EN INEERS, INC. cc: Jim Leuthauser, Esq., Garfield County Legal Eric Tuin, High Country Engineering E:\Work\W WE\921-047.100\RevisedSubmittalReview.doc 47 Bv• ichael J. Erio x, P.E. Project Manar REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET SACRAMENTO. CALIFORNIA 95814-2922 April 5, 2000 Regulatory Branch (199875467) Mr. Art Kleinstein Winter Green Homes Post Office Box 978 Avon, Colorado 81620 Dear Mr. Kleinstein: I am responding to your request, submitted by consultant Andrew Antipas, for a Department of the Army permit to replace and upgrade two crossings of Blue Creek at the proposed Cerise Ranch development. The project is located about one mile east of Catherine's Store on the north side of Highway 82 along Blue Creek just downstream of Dakota Subdivision within Sections 32 and 33, Township 7 South, Range 87 West, Garfield County, Colorado. The Chief of Engineers has issued nationwide general permit number 3 which authorizes the discharge of dredged or fill material in waters of the United States for maintenance related activities. We have determined that your project will not affect threatened or endangered species protected by the Endangered Species Act. Your project can be constructed under this authority provided the work meets the conditions listed on the enclosed information sheets. You must send finished photographs and a signed letter of certification to the Corps of Engineers within 30 days after completion of the work (see general condition number 14). A copy of the certification statement is included for your use. This verification is valid until February 11, 2002. If you have not completed your project by that time, you should contact the Corps of Engineers to obtain information on any changes which may have occurred to the nationwide permits. You are responsible for remaining informed of such changes. RECEIVED APR G 6 2000 c) NATIONWIDE PERMIT #3 MAINTENANCE (Sections 10 and 404) Effective Date: 11 February 1997 Expires 11 February 2002 Note: Additional information on this and other Nationwide permits can be obtained on the internet at http://wetland.usace.mil The Corps of Engineers has issued a nationwide general permit (NWP) authorizing the repair, rehabilitation, or replacement of any previously authorized, currently serviceable, structure or fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be put to uses differing from those uses specified or contemplated for it in the orifi n. {, rl.iit or the most recently authorized modification. Minor deviations in th3 structure's configuration or filled area including those due to changes in materials, construction techniques, or current construction codes or safety standards which are necessary to make repair, rehabilitation, or replacement are permitted, provided ...— the environmental effects resulting from such repair, rehabilitation, or replacement are minimal. Currently serviceable means useable as is or with some maintenance, but not so degraded as to essentially require reconstruction. This NWP authorizes the repair, rehabilitation, or replacement of those structures destroyed by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced or under contract to commence within two years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the District Engineer, provided the permittee can demonstrate funding, contract, or other similar delays. Maintenance dredging and beach restoration are not authorized by this NWP. NATIONWIDE PERMIT CONDITIONS A. GENERAL CONDITIONS: The following general conditions must be followed in order for any authorization by a NWP to be valid: 1. Navigation: No activity may cause more than a minimal adverse effect on navigation. 2. Proper Maintenance: Any structure or fill authorized shall be properly maintained, including maintenance to ensure public safety. 3. Erosion and Siltation Controls: Appropriate erosion and siltation controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently stabilized at the earliest practicable date. RECEIVED APR 0 721111 This information sheet was prepared 03 October 1997. JUL 17 '00 09: 50PM TOWN OF BHSALT MEMORANDUM TO: Chairman Wheeler & Members of the P&Z Commission FROM: Glenn Hartmann, Community Development Coordinator DATE: 7/14/00 SUBJECT: Cerise Preliminary Plan, Referral from Garfield County F 2 I. Background Included with this memo are the following items that provide background information on the Cerise Preliminary Plan Subdivision request. • Garfield County Staff Memo • Map Excerpts from Application • Minutes from past review by P&Z (11/99) • Initial Referral Comments from Town (Letter dated 7/3100) The Garfield County referral process included comments from several important reviewing agencies including the Division of Wildlife and CDOT. Their comments are referenced in the County's Staff memo, with more detailed information available by contacting Town Hall, The application is currently before the Board of County Commissioners with favorable recommendations from both the County P&Z and the County Planning Staff The Town did not receive a referral on this item, which has resulted in the unfortunate timing of our review. The Board of County Commissioners continued their hearing from fast Monday, July 10th to August 7th to allow the Town to formalize comments. The Town submitted a set of initial comments and a request for the continuation. a copy of which is attached for your review. We have met with the County Planning Staff and Doug Pratte the applicant's planner, along with several other members of the development team. We hope to bring insight from these various meetings to you as part of your deliberation on formal referral comments. We also expect to follow-up with the applicant on the P&Z recommendations and concerns prior to presenting them to the County in August. The applicant's have expressed a willingness to listen and respond to Town concerns. As with the prior P82 review last fall we have invited Doug Pratte to participate in your discussion of this referral item. 11. Analysis and Comments 1. Urban Services Areas & Master Plan/Comp Plan Compliance: The proposed development extends beyond the designated urban services boundary and as such is located in an area which the Master Plan designates for agricultural and rural character activities. The densities proposed by the development significantly exceed the recommendations of the Garfield County Comprehensive Plan. It is this added density M: \ghartmann\word\pamemo71300(ceri se). doc JUL 17 '1710 09:510H TC Nt 1 OF B SHL T F.3 that appears to have given the applicant's planners too few options for creating a more rural development pattern. The resulting plan falls short of adequately defining an edge for this immediate area of the West Basalt Planning area, and runs the risk of perpetuating more suburban type development in this section of the Roaring Fork Valley. Based on this key issue alone, it is Town Staff's opinion that the proposal is cut of compliance with both the County and Town long range planning documents. (note: the Garfield County Planning staff has made a finding of general compliance with the Garfield County Comprehensive Plan) 2. Rural Character: One option for dealing with density and rural character is to shift density to accessory dwelling units (adu's). This could be accomplished by adjusting the plan to decrease the overall number of lots while increasing the number of lots that are allowed adu's. The adu option could be further enhanced by allowing detached adu units while including additional design standards for the units. This type of flexibility is consistent with the Town's typology guidelines for the Agricultural/Mixed Typology (Typology #5), while stilt maintaining the overall unit density, it also offers some opportunity for affordable housing in the creation of adu's. 3. Site Pan: .. The applicant's planners have made an important effort to maintain a large portion of the site in open space. Additional clustering still appears to be possible even in light of concerns about Garfield County's lot size and sewage disposal standards. Easements to allow for individual sewage disposal systems within the common areas (in sorne cases across private road easements) are options that would open up additional clustering potential. The proposed lot configurations ere already somewhat unconventional (long narrow 2 acre plus lots) and adjustments to allow clustering seem very feasible. Clustering of units will provide additional opportunities to avoid environmentally sensitive and/or hazardous areas of the site (see comments below). 4. Referral and Technicel/Engineering Issues: The applicant has provided the County with extensive information on technical issues. The following outline provides a brief summary of staff comments on key topics, • Traffic: CDOT access permits have been issued and traffic studies indicate that impacts will be addressed by construction of acceleration and deceleration lanes for the expanded access point. Practical safety concerns remain for staff based on our experiences with uncontrolled high speed intersections such as is proposed. Examples are found at Dakota, Blue Lake, Willits, and East Valley Rd. While the proposed plan seems in conflict with CDOT policies for this "expressway" designated section of highway, few alternate options for access appear available at this time. Consideration should be given to restrictions on traffic movements such as right-in/right-out only that would eliminate the most dangerous left turn movements. Provision of easements to provide for potential joint access in the future should be considered • Water/Sewer: Technical studies indicate that provision of adequate facilities to serve the development have been assured. Covenant previsions detailing maintenance responsibilities for ISTS sewage disposal systems should be strengthened and made enforceable by the County. Ground water quality monitoring should be considered based on the unit density proposed. • Fire Protection: Staff supports the Fire District recommendations for fire protection and payment of impacts fees, and the provision of a secondary emergency access point. M.\ghartmann\word\pzmemo71800(cerise).doc JUL 17 '00 09: S2AMf TOWN OF BASALT P.4 • Soils: Hazards associated with sink holes and soils constraints are addressed in the soils analyses, An overlay of lot locations on the soils constraints mapping would assist in reviewing how responsive the development is to these Concerns. In general Staff would encourage further restricting buildings in areas identified with soils and sink hole hazards. • Slopes: The applicant's studies have identified a number of areas with rock fall and debris flow hazards. While plat notes requiring site specific studies for each lot are proposed, the applicant's revised Geologic Hazard Evaluation (2/3/00) references the "further quantification of the magnitude of potentia! debris flow" as being beyond the scope of their report. Staff recommends that such evaluation be completed prior to final plat approvals. This would allow for minor adjustments to lot configuration and the establishment of design standards for mitigation to be established, Given the engineering complexity of modeling debris and mud flowe staff recommends it be addressed as part of the development review process. • Wildlife Impacts: Concerns of the Division of Wildlife should be addressed and where mitigation policies are included in the protective covenants those covenants should be enforceable by the County with prohibition against amendments inconsistent with the County's conditions of approval and applicant's representations. • School Impact Fees: Staff supports the payment of school impact fees, but have some concern regarding the inclusion of undevelopable, high hazard areas in the acreage calculations portion of the fees in lieu formula. • Open Space — Pedestrian Connections: Staff is unclear on the ultimate purpose and management proposals for the open space dedication proposed to Eagle County. Staff would also like the applicant to consider creation of public easements for potential future trail connections to adjoining parcels, While these option appear limited today it would be an investment it future opportunities, #it. Recommendation Staff recommends that the P&Z direct that an updated referral comment letter be prepared for the Chairman's signature based on the above staff comments and additional input and editing by the Commission. In addition to the specific concerns noted above, the primary positions recommended for inclusion in the letter are summarized as follows: a. That the application not be approved in its current form and at the proposed level of density based on both the Garfield County Comprehensive Plan and Town of Basalt Master Plan, b. That revisions and adjustment to the proposed plan can be developed that address major areas of concern and provide a better fit with the long range plans for the area. c. That such revisions can be accommodated within the basic structure and layout of the development through adjustments to lot configurations, clustering, and similar strategies outlined in the Town Master Plan and Typology concepts and other similar Planning and Landscape Design guidelines for rural character. M:\ghartmann\w ord\pzmerno71800(cerise).doc JUL 17 '00 09:52AM TOWN OF BASALT 101 MIDLAND AVENUE • BASALT, CO 81621 (970) 927-4701 • FAX (910) 927-4703 July 5, 2000 Garfield County Board of County Commissioners 109 8`" St, Suite 301 Glenwood Springs, CO 81601 RE: Cerise Ranch Board of County Commissioners: The Town of Basalt wishes to formalize our intent to submit referral comments on the proposed Cense Ranch Development Preliminary Plan. While we did not receive official notification of your current review process, we are prepared to generate comments on this important development located within the Town's Three Miie Planning Area in a timely fashion.. In order to facilitate our preparation of comments we respectfully request that you continue the currently scheduled public hearing. Staff meetings between our Planning Departments have identified a standard 21 day ''eferra! period. The Town has worked closely with the County and your P!annorg Staff over the past several years including presentations to your Planning Commission on our recently adopted Master Plan, The Town's Master Plan contains numerous elements, goals, and objectives relevant to the site and is impact on how the valley will continue to grow. We look forward to providing comments on many of these topics with an initial outline of concerns noted below: 1, The Basalt Master Plan shows this site outside of the Urban Service Area and with an agriculture designation on the West Basalt Planning Area, Future Land Use Map. 2. The Development accesses directly onto State Highway 82. Safety issues regarding the proposed access onto this highway. which recently received an expressway designation by the State should be thoroughly resolved at this time, 3. The project reflects an increase in density over the recommendations contained in the Garfield County Master Plan, The County's recommended densities would likely better preserve the rural character of this portion of the County and help to avoid conflicts with the Town's Master Pian that may result from increasing demands for urban type services. 4, Division of Wildlife concerns should continue to be strongiy considered especially where the project extends into the transitional habitat between the valley floor and upland vegetation. 5. Opportunities to link the project to neighboring developments in Garfield and Eagle Counties, for pedestrian purposes, transit use and vehicular usage should be strongly considered. Established in 1901 T I li 6. The Town supports the County's requirements for heightened standards for sewage disposal treatment systems and protection of ground water resources. 7, The Town supports the County's efforts to address impacts from the development through your schedule of mitigation fees. Consideration should be given to whether the development is adequately addressing impacts resulting from its higher densities and suburban character. B. Guidelines for management of the common areas including agricultural uses should be well defined and include practical considerations based local ranching expertise. Establishment of conservation easements should be considered as a means of assuring the common areas remain permanently as well managed open space. 9. Additional consideration should be given to potential geologic hazards associated with soils and steep slopes. 10, County should consider wood burning regulations within the project, consistent with Town provisions that prevent wood burning fireplaces, and allow gas fireplaces and wood burning stoves that are EPA comcliant The Town appreciates the opportunity to comment on this proposal and your favorable consideration of our request for a continuation of the scheduled public hearing, Cooperation on future development review is an important part of Doth the County and Town working toward implementation of our respective master plans. Sincerely, ke:y"/ Tom Baker Basalt Town Administrator CC. Mark Bean, Garfiela County Community Development Director Jeff Laurien. Garfield County Planner Basalt Board of Trustees Basalt Planning and Zoning Commission Doug Pratte, The Land Studio J �_ 1 .:_llj •_i .hi i I 'AA P4 Z.. M.kkNL 11-1b-' Commissioner Bacheldor suggested having a vertical planting area on the west side of the parking area to provide shade. Guy said that ash and honey locust trees would be amenable to the suggestion. Bacheldor thinks that a four foot wide stairway is too narrow, especially when passing. Philp reviewed the PUD text amendment language and said that the Towri Attorney is making sure it is in compliance. Regarding the flood variance, Staff suggests that the Planning and Zoning Commission deny the variance so it will move on to the Board where it can be scrutinized more closely. Staff suggested accepting the conditions in the Oct. 29 memo as amended by Nov. 12th memo with the inclusion of tonight's discussion, Commissioner Bacheldor thinks that the housing is too restrictive and would like to see the housing open to people who work in the general area Philp and Hartmann suggested opening the housing requirement to those who work in West Basalt. The Commissioners suggested expanding it to be open to those who work in the Mid -valley. This will make policing a much easier job. Staff is going to recommend that if it is legally feasible, children will be restricted from the deveiopment. Commissioner Bacheldor would like it better if children were not restricted. Commissioner Maron pointed out that given the housing shortage in the valley, people are going to live wherever they can. MIS MOTION TO ACCEPT THE PUD TEXT AMENDMENTS ON THE KEELTY SPECIAL REVIEW AS OUTLINED IN THE OCT. 29 STAFF MEMO AND REVISED IN THE NOV, 2ND MEMO WITH THE FOLLOWING CONDITIONS: OPTION A CHOSEN FOR PARKING, OPTION B FOR THE OVERALL. SITE PLAN, ENCOURAGE SHADE TREE LANDSCAPING, CHANGE STIPULATION TO THAT ONE RESIDENT MUST BE AN EMPLOYEE IN THE MID - VALLEY, INCREASE STAIR WIDTH FROM FOUR TO FIVE FEET, WITH THE SUGGESTION THAT CHILDREN BE ALLOWED IN THE DEVELOPMENT, COMMISSIONER FOX-RUBIN FIRST WITH COMMISSIONER MARON SECOND. MOTION CARRIED. MIS MOTION TO DENY THE VARIANCE FOR FLOOD DAMAGE PROTECTION TO THE KEELY SPECIAL REVIEW PER THE OCT. 29 STAFF MEMO AS REVISED ON NOV. 12 UNDER THE EXTENUATING CIRCUMSTANCES THAT IT CAN NOT BE APPROVED DUE TO THE CURRENT LACK OF INFORMATION AND WITH THE HOPE THAT THE BOARD OF TRUSTEES CAN REMEDY THE SITUATION. COMMISSIONER FOX-R.UBIN FIRST WITH COMMISSIONER DUNN SECOND. MOTION CARRIED. F. Referral Comments to Garfield County - Cerise Ranch Hartmann introduced Doug Pratt who is representing the Cerise Ranch project. Pratt indicated the location of the project which is just down valley from the Dakota development. He outlined the proposal. The project has 67 two to six acre lots with individual septic and a community water system. Blue Creek flows through the property. Hold 92 acres of hillside in common easement - slopes are 40% or greater. He explained the intricacies of Garfield County code, Pratt thinks they'll be able to get about 12 ADUs on the project. The Division of Wildlife (DOM is concerned with the building envelopes next to the hillside because the snow melts quickly on 6 JUL 1 r ' 0@ 09: 54AN TONN OF BASALT F. the south facing slopes, thus drawing more deer and elk close to the development. Street widths are 24 feet. A pedestrian trail runs along the main road, Six acres in Eagle County are planned to be kept as open space. Regarding trail connections, Dakota abandoned an easement on a lot that would connect the Cerise Ranch pedestrian trail with the trails in Blue Lake/Dakota, That lot is in the hands of an individual, Commissioner Comments Commissioner Zuena had to leave the meeting but left comments read by Chairman Wheeler: Commissioner Zuena is concerned that there is no mention of impact fees to Willits or school impact fees to RE -1; there will be about 200 cars in the subdivision and he is concerned with the access point to Highway 82 especially at rush hour; he would like to require a sewer system because he is not in favor of individual septic systems for full time residents: there is no mention of a lighting plan but he suggests that it be similar to the Basalt code and, finally, he is concerned about the placement of streets and trails. There followed a discussion about why Garfield County denied seer service to this project. Commissioner Elice is concerned about the type of growth in the valley and this low dersity plan is suburban dwelling at its worst, Water quality is being ccmpromised. He cannot support this plan. The idea of putting houses in a pasture is incomprehensible to him. Commissioner Fox -Rubin agrees with Commissioner Elice, The project is still too dense and is auto -oriented, He is not sure if this meets any community requirements for either Basalt or Carbordale, Wildlife habitat 's being fragmented. Water quaiity is a major concern, He asked it it possible to put a conservation easement on the lowland, especially near the wetland where there will be problems with homes, and building some free market, expensive homes on the other end of the development. He thinks this is an insidious way to pave the valley. Commissioner Dunn said this goes against everything the Cornmission is trying to do, There will be nothing but houses all the way from Catherine Store to Et Jebel, She recommends denial. Commissioner Marin does not consider this the highest and best use for this parcel. However, it is not in this county and does comply with code so there is not much more to be said about this project, Commissioner Bacheldor likes that the majority of the pasturelano is still held as pastureland and would like to see agricultural use continue. He would like to see the houses near the highway pulled back into one of the cul-de-sacs. He wondered if there are acceleration/deceleratior lanes at the project's entrance Pratt said there is. Bacheldor would like to see more aggressive use of agricultural land on the property. Commissioner Elice said that nobody is trying to deny ranchers a chance to benefit from growth in the valley but this proposal does nothing to control sprawl. It seems that there would be a better way to :luster more of the housing. Pratt said that Garfield County code restricts their planning creativity due to the County's denial of sewer service. Individual septic systems require more space. Elice asked how this Commission could help the developer become more responsible with its application. 7 ,•JUL 17 '00 i9: 55AM TOWN OF BASALT Commissioner Fox -Rubin sees this project as the property owner cashing out. He would like to see 35 acre lots if there has to be some buildout. Have the property owners seriously considered a conservation easement? Pratt said they are not interested. Aspen Valley Land Trust has met with the family to no avail, Pratt reiterated that he thinks this plan does the best job that it can considering its constraints. Chairman Wheeler does not support this plan either. He also is concerned about water quality, density, location, and sprawl. Commissioner Elice again asked Pratt if there is any way this Commission can help the developer make this a better development that incorporates the values of the valley, Chairman Wheeler asked about contacting the Ranch at Roaring Fork and working with them regarding sanitation. Pratt said this has been attempted Basically all the proposed developments outside the Urban Services Boundaries are in the same unfortunate situation, Hartmann said Staff will draft a recommendation letter with these comments and bring it to the next meeting for approval. Final Commissioner Comments Commissioner Dunn suggested allocating more than an hour for the Continued Hearing of Riverwalk at the December 7th meeting. Commissioner Fox -Rubin suggested switching the Cardimone/Gottlieb and Dolezal items to 7.15 and the Riverwalk hearing to 8:15 at the December 7th P&Z meeting. The minutes of November 2, 1999 were approved as read. M/S MOTION TO ADJOURN WITH COMMISSIONER ELICE FIRST AND COMMISSIONER MARON SECOND. MOTION CARRIED. Meeting adjourned at 11:05 p.m. TOWN OF BASALT PLANNING AND ZONLNG COMMISSION By: ATTEST: Gary Wheeler, Chairman Denise Mytty, Recorder 8 V RECEIVED DEC 1 1 2000 STATE OF COLORADO Bill Owens, Governor Jane E. Norton, Executive Director Dedicated to protecting and improving the health and environment of the people of Colorado 4300 Cherry Creek Dr. S. Laboratory and Radiation Services Division Denver, Colorado 80246-1530 8100 Lowry Blvd. Phone (303) 692-2000 Denver CO 80230-6928 TDD Line (303) 691-7700 (303) 692-3090 Located in Glendale, Colorado http://www.cdphe.state.co.us November 22, 2000 Jeffery M. Spaul, Manager Wintergreen Homes P.O. Box 1530 Avon, CO 81620 970/949-4120 RE: Final Permit, Colorado Discharge Permit System — Stormwater Certification No: COR -033536 Cerise Ranch Subdivision Garfield County Local Contact: Dale Hope, Owners Representative 970/ 376-4319 Anticipated Activity: 11/1/2000 0:00:00 through 7/31/2001 0:00:00 On 301 acres (31 acres disturbed) Dear Sir or Madam: Colorado Department of Public Health and Environment Enclosed please find a copy of the permit certification which was issued to you under the Colorado Water Quality Control Act. Your certification under the permit requires that specific actions be performed at designated times. You are legally obligated to comply with all terms and conditions of your certification. Please read the permit and certification. If you have any questions, contact Nathan Moore or Kathy Dolan at (303) 692-3500. Sincerely, Susan Nachtrieb, Manager Permits Unit Water Quality Control Division Enclosure xc: Regional Council of Governments Local County Health Department District Engineer, Technical Services, WQCD Permit No. COR -030000 Facility No. COR -033536 PAGE 1 of 17 CERTIFICATION CDPS GENERAL PERMIT STORMWATER DISCHARGES ASSOCIATED WITH CONSTRUCTION Construction Activity: Construction of a 68 lot residential subdivision. This permit specifically authorizes: Wintergreen Homes to discharge stormwater from the facility identified as Cerise Ranch Subdivision which is located at: 17072 Highway 82 Carbondale, Co 81623 part of in Section: 29 Township: 7S Range: 87W Qtr: Garfield County to Blue Creek to Roaring Fork River effective: 11/22/2000 Annual Fee: $185.00 (DO NOT PAY NOW. You will receive a prorated bill.) SENT BY:CORPS OF ENGINEERS ; 3-21- 0 ; 16:40 ; CORPS*OF*ENGINEERS-, • Fax Header Sheet 4ccic) U.S. Army Corps of Engineers, Sacramento District Western Colorado Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501-2563 970. 243. 1199 Fax: 970.241.2358 Date: 3/21/00 Toted Number of Sheets: 1 ;# 1/ 1 To: Mr. Jeff Laurien, Garfield County.Planning Dept. 384-5004 From. Ms. Susan Nall, Environmental Engineer, Corps of Engineers Signature: Comments: RE: 3/15/00 SITE VISIT TO CERISE RANCH At the request of wetland consultant, Mr. Andy Antipas, I met with him, planner David Pratt, and a gentleman w/Fligh Country Engineering last Wednesday at the proposed Cerise Ranch site. We spent approximately 20 minutes reviewing two proposed access crossing sites on Blue Creek in which :I believe nationwide general permits are applicable. I was also questioned about the permitting options for impacts to "waters of the United States" located just north ,,of the existing farm house that would access three proposed lot sites, a water storage tank, and involve construction of a debris flow channel. I asked about the necessity of this portion of the project and explained that this work, in combination with 1;. the access crossings, may require a more involved individual permit. In addition, we would ask that a detailed alternatives analysis be included in any submittal for this type of work to :gain, consider the necessity of these three lots and alternative ways to access. This aspect of the project seemed to involve significant road cuts and hillside disturbance with large Le- c has not been received `�;, taming walls. While a formal application , I understood from our meeting that these 3 lots would be re- considered and likely withdraw from the plan. Based on this, 1 I indicated that the remaining two impact areas could likely be pocessed by nationwide general permit. Vkiej