HomeMy WebLinkAboutCorrespondenceConditions to Grading Permit No. 2006-22
Applicant Mr. Kevin Story
May 2, 2006
1. Engineer of record to do all required inspections of installation of berm structure
as per plans approved for construction dated 5.2.06. Engineer to supply Building
Dept. with sealed letter certifying the construction was done as per plans at
completion of project.
2. As established at the Garfield County BOCC meeting of May 1, 2006, applicant is
responsible to clean, maintain, and repair all aspects of the berm structure after
every event. This requirement is needed to protect the county road and adjacent
land owners' property below the berm structure.
3. Applicant is required to obtain a road cut permit from the Garfield County Road
and Bridge Department prior to doing any work in the county right of way.
4. Applicant is subject to a 1 year review of the condition and operation of the berm
structure and agrees to allow the county engineer to inspect the structure.
5. Applicant shall clean or improve road side swale and clean existing culverts in
order for outfall from berm to pass without resistance beneath existing County
Road 150. All work shall be inspected by Garfield County Road & Bridge and
Garfield County Engineering Department prior to any outfall being allowed to
pass through.
September 15, 2005
Kevin and Sandra Story
0193 Sweetwater Road
Gypsum, Co. 81737
Garfield County
BUILDING & PLANNING DEPARTMENT
Code Compliance Officer
rva nmeter*garfield-cou n ty.com
It has been brought to my attention that you have been excavating land on your property at the above address
without a "Grading/Excavating" Permit. It is a violation of Colorado Revised Statutes 30-28-205 & 210,
enabling adoption of International Building Code by Garfield County Zoning Resolution of 1978, to perform
this work without a permit. No further excavation may be done until a permit is authorized by the county.
You are hereby given notice, pursuant to the above statutes and regulations, that you must completely
correct the violations or establish an acceptable compliance schedule with this department, within thirty (30)
days of the date this notice is received. You are encouraged to communicate with this office at your earliest
convenience to begin the compliance process. Failure to initiate compliance within the allowed time will
result in this matter being referred to the Board of County Commissioners for consideration of legal
abatement action in accordance with Garfield County Code Enforcement Protocol. Please be advised that
violation of the above statues is a misdemeanor crime and can, upon conviction, be subject to a fine of not
more than $100.00 or imprisonment for not more than ten days, or both, and that each day that the violation
continues is deemed to be a separate offense.
Garfield County Building and Zoning regulations, Enforcement Protocol and permit application forms are
available at www.garIieId-co untv.co1 in the "Building and Planning" directory. If you have any questions
regarding what actions are required to achieve compliance, or you wish to report compliance action taken,
please contact this office in writing at the address below or by e-mail at the address above.
S i ncerely,
�Y1-a
Ron VanMeter
Code Compliance
108 8th Street, Suite 201, Glenwood Springs, Colorado 81601
(970) 945-8212 (970) 285-7972 Fax• /97n) 2R A 2nen
John Martin
Glenwood Springs, CO
Larry McCown
Rifle, CO
Tresi Houpt
Glenwood Springs, CO
Kevin P. Story and Sandra N. Story
0193 Sweetwater Road
Gypsum, CO 81637
Garfield County
BOARD OF COUNTY COMMISSIONERS
October 13, 2005
Dear Mr. and Mrs. Story:
The Board of County Commissioners has been advised that you have conducted excavating
operations at the above -referenced address without obtaining the necessary excavation permit under
the International Building Code, as adopted by Garfield County pursuant to the provisions of Section
30-28-205 and 210, C.R.S., as amended. Additionally, you have conducted excavation work in the
Garfield County right-of-way for Sweetwater Road (County Road 150) without obtaining the
necessary right-of-way use permit from the Garfield County Road and Bridge Department. You have
previously been advised of these violations.
The above -referenced violations, by themselves, justify action by the Board of County
Commissioners. However, the violations constitute an immediate and severe threat to the health,
safety and welfare of the public of Garfield County. The excavation that you have undertaken
substantially increases the risk of flash flooding that endangers the structure of County Road 150 and
all members of the public utilizing that roadway. Additionally, your excavation has placed in
jeopardy downhill property owners. Your work constitutes an artificial change to the naturally
occurring drainage that places all liability on you for any injuries or property damage caused by such
drainage structures. More than liability, the Board of County Commissioners is concerned about the
actual safety to members of the public. The Board of County Commissioners seeks compliance with
its regulations and immediate action to rectify the danger you have created in the vicinity of your
property and County Road 150. Therefore, if you do not commence work that is approved through
an excavation permit and right-of-way penult issued by the appropriate County agencies within the
next 48 hours, the Board of County Commissioners will consider instructing the County Attorney' s
Office to proceed to seek immediate relief through the Garfield County District Court.
108 8th Street, Suite 213, Glenwood Springs, Colorado 81601
(970) 945-5004 Fax (970) 945-7785
Kevin P. and Sandra N. Story
October 13, 2005
Page 2
We appreciate your cooperation in this matter. If you have any questions in regard to the necessary
work to be conducted or commenced on this right-of-way, please contact Marvin Stephens, the
Garfield County Road and Bridge Supervisor (970- 625-8601) and/or Mark Bean, the Director of
the Garfield County Building and Planning Departments (970-945-8212).
Sincerely,
BOARD OF
OF GARFIE
TY COMMISSIONERS
TY, COLORADO
By
BOCC:Da
Garfield County
Engineering Department
To:
Attn:
Garfield County Building and Planning
Andy Schwaller
Date: Thursday, October 20, 2005
Project: Non permitted storm drainage construction 0193 Sweetwater Road, Gypsum
Re: Site review of storm drainage channel constructed without permit by Mr. Story that will
damage existing CR 150
Andy,
Per the request of Garfield County Road and Bridge Supervisor Marvin Stephens and the County
Commissioners I visited the site of the recently constructed drainage channel located on the Story property
located at 0193 Sweetwater Road, Gypsum. After review of the non -permitted channel and discussion with Mr.
Story I have the following recommendations in order to protect the existing County Road from destruction due to
the channel directing a large amount of debris and storm water runoff onto the roadway.
1. General observation comments and facts:
1.1. It appears Mr. Story has hired a Colorado licensed engineer to develop an existing and proposed
drainage study for the proposed Story Subdivision. There currently exists information in the study
showing historic 100 yr event runoff rates. Dated April 22, 2004, prepared by Christopher Furman of
GAMBA & associates.
1.2. The channel constructed on Mr. Story's property is approximately 8 feet wide by 6 feet deep. It travels
from the base of the mountainside to the edge of the existing County Road. North to south.
1.3. Evidence of debris and sedimentation from historic storm events caused drainage and debris to cross
the existing County Road onto Mr. Rogers's property from Mr. Story's property. At this point we do not
know what year event caused or will cause debris to cross the county road onto Mr. Rogers's property.
1.4. There appears to be no record of what drainage channel size and location existed prior to the recent
channel construction. It does appear per the site visit there was an existing channel in the same general
location as the recently completed drainage channel.
1.5. Due to the unobserved construction and unknown historic drainage pattern detail across the property in
mention, assumptions will need to be made in order to restore the drainage to historic rates and
locations.
2. Recommendations:
2.1. Mr. Story shall obtain a Grading Permit from Garfield County in order to remove the drainage channel he
installed. -
2.2. Mr. Story's engineer shall determine which historic storm event caused debris to cross the existing
county road onto Mr. Rogers's property.
2.3. Mr. Story shall remove the channel he installed on his property and replace it with the drainage channel
that was historically in place prior to any of the recent work he completed.
Page 1 of 2
Jin
C:\Documenis and Sellings*artnen\Local Setli gs\Temporary Interne! Files\OLK48veview-01 doc
64,1C. 5111flik,
2.4. This historic drainage channel will be sized just under the historic storm event that caused debris to
cross the existing County Road onto Mr. Rogers's property.
2.5. The sizing of the historic channel will be according to engineering industry standards without the factor of
debris being applied to the size.
If you have any questions or concerns, please do not hesitate to call.
Sincerely,
94A5TA(/,--e.-0-1\_
Jeff T Nelson
Assistant County Engineer
C Randy Withee
C Marvin Stephens
Jtn
C:\Documents and Settings\fjarman\Local Settings\Temporary Internet Files\OLK48\review-01.doc
144 East Third StreFefil 2 925-6172 ext. 4002
Www.garfield-county.com, jnelson@garfield-county.com
Professional Letter
Andy Schwaller
From: Jeff Nelson
Sent: Monday, October 24, 2005 9:15 AM
To: Andy Schwaller
Cc: Randy Withee; Marvin Stephens; John Martin; GARCO Attorney
Subject: story property sweetwater road drainage restoration
Thit,ists.4 c(-22641
/0.24, 95
144 East Third Street, Rifle Co, 625-6172 ext. 4002
Www.garfield-county.com, inelson@garlield-county.com
Garfield County
Engineering
Department
To:
Attn:
Date:
Project:
Re:
Page 1 of 2
Garfield County Building and Planning
Andy Schwaller
Monday, October 24, 2005
Non permitted storm drainage infrastructure construction 0193 Sweetwater Road, Gypsum
Review of grading, permit submitted by Mr. Story to restore drainage to historic rates across his
property
Andy,
I have reviewed the grading permit application and drawings for the above-mentioned project. After review I have
the following comments and recommendations for the applicant.
1. Plan view drawing 0193 Sweetwater Road Drainage Analysis:
1.1. Plan view drawings submitted need to be supplemented with cross section drawings showing existing channel
that Mr. Story constructed and proposed channel. The proposed channel sizing is to be completed by his
engineer per the recommendations I previously provided on my letter dated: Thursday, October 20, 2005.
1.2. Submit the drainage study completed by your engineer as an addendum.
1.3. Add proposed location and sizing of drainage channel to be constructed by Mr. Story that will restore drainage to
historic rates.
If you have any questions or concerns, please do not hesitate to call.
Sincerely,
Jeff T Nelson
Assistant County Engineer
10/24/2005
Nov 16, 2005
Jeff T. Nelson
Assistant County Engineer
Garfield County
144 East Third Street
Rifle, CO 81650
Dear Mr. Nelson
After I received a copy of your letter sent to Fred Jarmen, Andy Schwaller, and Ed
Olszewski, I telephoned you on Oct 27, 2005 wanting you to know I appreciated all the
work you had done regarding the non -permitted storm drainage construction at 0193
Sweetwater Road, Gypsum, CO.
During the telephone conversation, I stated the channel that was dug on that property was
much deeper than 6 feet deep as stated in your letter (general observation comments and
facts: 1.2). Enclosed are pictures taken from the road in August 2005 showing me in the
channel. I am 6 feet two inches (6'2") tall and the channel is much deeper than me. The
pictures were taken just after the excavator had finished digging the channel in August
2005.
You and I agreed the mountain run-off area in question naturally sloped toward Mr.
Story's driveway and this was now gone with the channel in place. Garfield County
Road Dept. knew water ran that direction and is the reason the culvert they placed a long
time ago is in the position that it's in.
The pictures also show much more dirt was piled on the excavator side than the opposite
side, trying to build up Story's driveway side to prevent any tendency of water to drain
that direction. This means water now rolls across Garfield County Road 150, with very
little draining toward the culvert, little draining across the Story property, and far more
water/rocks draining on to the road and my property.
Thank you for all your work—hope we can get this problem solved.
cc: Andy Schwaller
Fred Jarmen
Ed Olszewski
Sincerely,
William F. Rogers, MD
0034 Sweetwater Road
Gypsum, CO 81637
MOElairtg
ADMEN
EJ
RESOURCE
®®®IRIE N G I N E E R I N G INC
Andy Schwaller
Garfield County Building and Planning Department
108 Eighth Street, Suite 401
Glenwood Springs CO 81601
Jeff Nelson
Garfield County Engineering Department
Henry Building
144 East 3rd Street
Rifle CO 81650
RECEIVI
APR 2 1 2006
GARF IELD) COUNTY
BUILDING & PLANNING
RE: Story Property — Sweetwater Proposed Berm Structure
April 19, 2006
Dear Andy and Jeff:
At your request, Resource Engineering, Inc. (RESOURCE) has reviewed the design drawings
prepared by Gamba & Associates, Inc. dated March 13, 2006 for a proposed berm and rip rap
channel on the Story property at 0193 Sweetwater Road. The two sheet set of drawings was
hand delivered to RESOURCE on April 12, 2006 by Carter Page of Gamba & Associates. Mr.
Page gave a brief presentation of the design. The property owner has excavated a channel on
one of the drainage features on the property. The excavated channel allows for concentration of
stormwater runoff and associated debris flow to a single point at its intersection with Sweetwater
Road.
Mr. Page indicated .that the proposed berm is designed to slow down a debris flow event such
that the impact of the debris flow at the County Road would be no different than the pre -channel
condition.
Our comments on the design are presented below.
1. The concrete weir cutoff toe wall should be deeper than one foot and should extend
below the rip rap. Assuming 24" rip rap, the toe wall should be at least 3 feet deep. A
toe wall should also be installed on the upstream side of the weir.
2. The applicant should consider a clean gravel filter around the perforated PVC outlet pipe.
It is our understanding that this structure is for mitigation of the excavated channel and debris
flow mitigation for the subdivision will be addressed with a separate structure or structures.
Please call if you have any questions or need additional information.
Sincerely,
RESOURCE ENGINEERING, INC.
Michael J. Er' n,
Water Reso rce Engineer, .
MJE/mmm
885-29.0
E:\Client\885\29..0\as jn story property 885.doc
Consulting Engineers and Hydrologists
909 Colorado Avenue n Glenwood Springs, CO 81 601 fl (970) 945-6777 M Fax (970) 945-1137
970 945 1137 RESOURCE ENGINEERI
■■■'■RESOURCE
■■■■
▪ IMI■■
■ ■■a}■ E N G I N E E R r N G INC.
Memorandum
00:46:27 a rn
04-29-2006 1 /1
Resource Engineering, Inc.
909 Colorado Avenue
Glenwood Springs, CO 81601
(970)-945-6777 Voice
(970)-945-1137 Facsimile
To: Jeff Nelson, Garfield County Engineering (via Fax 625-0908)
From: Michael J. Erion, P.E.
CC: Carter Page, P.E., Gamba nd Associates (fax 945-1410) and Andy Schwaller, Garfield
County Building and Planning Dept (fax 384-3470)
Date: 4/28/2006
File: 885-29.0
Re: Story Property — Grading Permit Site Visit on April 27, 2006
This memorandum summarizes the site visit to the Story property at 0193 Sweetwater Road on April
27, 2006. The site visit included Jeff Nelson, Kevin Story and Michael Erion. Jeff and Michael also met
with the downstream property owner, Bill Rogers.
OBSERVATIONS
1. The proposed design appears to match with observed existing conditions.
2. The flow path of water in the drainage has historically traversed both to the east and west of the
ridge of the alluvial fan deposit where the excavated channel is located.
3. The excavated channel follows the most recent flow path established by the previous land
owner Bill Stephens, who is also the previous owner of the Rogers house.
4. The proposed design routes water to the west and away from the drainage swale that leads to
the Rogers house.
5. The excavated material is piled higher on the west side of the channel than on the east side of
the channel. This would encourage a major debris flow event to flow to the east when it
overtops the proposed channel plug (berm).
RECOMMENDATION
The final grade of the top of bank of the channel should be equal on both sides until it reaches
the proposed channel plug (berm). At this point and downstream, the west bank should be
about a foot lower than the east bank to encourage a major debris flow event to go westerly
away from the Rogers house flow path.
Please call if you have any questions or need additional information.
From the Desk of Michael J. Erion Page 1 of 1
E:IClient1885129.01fm jnelson sltevisit 4-27 885.doc
TO
FROM
DATE
RE
MEMORANDUM
Board of County Commissioners
County Building & Planning Department,
(Andy Schwaller and Mark Bean)
May 1, 2006
Grading Permit Application (Kevin Story in
Sweetwater)
o f r S0
I. BACKGROUND
Non -permitted storm drainage work was done on Mr. Story' s property late summer or early fall
2005. The Road and Bridge Dept viewed the work done, and it was determined that potential damage
could be done to County Rd. 150 and possibly also to Mr. Rogers property a neighbor to Mr. Story as
a result of this works'
This situation was presented to the BOCC and the Engineering and Road and Bridge Dept. were
asked to review the situation further. Jeff Nelson and Marvin Stevens did a site visit and Jeff
prepared a set of recommendations. See letter dated Thursday, October 20, 2005 from Garfield
County Engineering Dept.
Included in this recommendation was a requirement for Mr. Story to obtain a grading permit. Mr.
Story applied for the permit on October 20, 2005. The Engineering Dept. reviewer ie application
and requested additional information. See letter dated October 24, 2005 from Engineering Dept. Mr.
Rogers also had some comments related to Jeff's letter dated October 20, 2005. See Letter dated
November 16, 2005 from Mr. Rogers.
Mr. Story had Gamba and Associates generate a design to mitigate the drainage work done. This
design was submitted to Jeff for review. Mr. Rogers also requested to review the plan submitted.
Mr. Rogers' comments can be found in a letter from his attorney. See attached letter from Mr.
Olszewski dated March 31, 2006.
Jeff Nelson requested an outside Engineer to review the Gamba plans to review the design criteria as
well as the final product. See Resource Engineering Inc. letter dated April 19, 2006. Michael
Erion's comments are included in a final design as amended by Gamba. See attached Transmittal
letter dated Monday 24, 2006 from Gamba.
II. BOARD IRECTION REQUESTED
Staff requests direction from the Board regarding the issuance of a grading permit based on the
above amended design. Also, what if any additional requirements or conditions are needed to be
made a part of the permit.
Record
Grading Permit #G2006-22
As per requirements in Sec 115 of the 2003 IBC, a possible unsafe condition has been
determined relating to the above grading permit. On October 5, 2007 Jeff Nelson with
the Garfield County Engineering Office and I did an inspection of the berm constructed
by Mr. Story. As per the engineered plans for the project, maintenance in the form of
removal of debris from the catch basin after each storm event is required. This note on
the plans was also required as a Condition to the Permit dated May 2, 2006.
The catch basin was full of debris at the time of our inspection. Also the material
removed from the catch basis from prior maintenance work was left on the top of the
berm. This left over material could change how the berm was designed to work.
With the basin full of material, there is a good chance that the next storm event would
wash over the top of the catch basin and debris would end up on County Rd. 105 closing
this road to emergency response to the many neighbors that live further up the road.
County Road 150 is a dead end road without any other access.
Andy Schwallcr
Building Official
Garfield County
October 8, 2007
X
G A M B A
& ASSOCIATES
CONSULTING ENGINEERS
& LAND SURVEYORS
WWW GAMOAENGINEERING COM
PHONE: 970/945-2550
FAX: 970/945-1410
•
113 NINTH STREET,
SUITE 214
P.O. Box 1458
GLENWOOD SPRINGS,
COLORADO 81602-1458
Friday, January 30th, 2009
Kevin Story
0193 Sweetwater Road
Gypsum, CO 81637
Original by mail, copy by FAX to (970) 328-9859
RE: Drainage berm completion.
Dear Kevin:
This letter is a follow up to our August 11th, 2006 lcttcr regarding the status of the
berm constructed on your property. We have completed the as -built drawing of
the berm and concrete weir, and are attaching a copy with this letter.
The as -built survey, conducted September of 2006, confirms that the berm and
associated structures were constructed in substantial compliance with the design
intent and specifications. The berm location, as previously noted to yourself and
to Garfield County, is approximately 40 -feet further upstream from the location
shown on the plans. This is not anticipated to be deleterious to the function or
intent of the berm in any way.
Since the time of the September 2006 survey work, we have not made any site
visits, or inspected the condition of the berm or detention basin.
In summary, the berm, at the time of our last visit, was in substantial compliance
with the intent and details as approved by the Garfield County Grading Permit
Number G-2006-22 dated October 20, 2006. (The stamp on permit says 2005, but
the hand-written dates on the permit all give the year as 2006, the year the permit
application was submitted.).
If you have any questions, please do not hesitate to call.
Sincerely,
,,,lIIII IIA „t,..
Gamba & VgE1ji�1;''';�
ti.0cctER
� ' fir 'E o ,•
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a er .........
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cc: Jeff Nelso , naVfie[d County;
Karl Hanlon
Enc.: As -Built Plan of January 30th, 2009
H:\04467\03 drainage mitigation\Communications\AB Berm 20090130.doc
Story Drainage Mitigation — As -Built Plans and Completion Report
Friday, January 30t. 2009
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