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HomeMy WebLinkAbout1.23 Middle Colorado Colllaborative Floodplain Permits 1 Community Development Department 108 8th Street, Suite 401 Glenwood Springs, CO 81601 (970) 945-8212 www.garfield-county.com PRE-APPLICATION CONFERENCE SUMMARY TAX PARCEL NUMBER: Multiple Properties PREPARED: Site Visit 4/10/24 (see below) Prepared 5/14/24 PROJECT: Middle Colorado AG Collaborative - Fish Passage Projects APPLICANT: Middle Colorado Watershed Council OWNERS: Multiple Owners (see below) REPRESENTATIVE: Wright Water Engineers and Trout Unlimited PRACTICAL LOCATION: Multiple Locations (5) - Projects ZONING: Rural (R) TYPE OF APPLICATION: Floodplain Development Permits I. GENERAL PROJECT DESCRIPTION The Applicant’s Representatives have provided detailed plans fish passage improvements and upgraded or repaired irrigation head gate structures. The improvements all will improve habitat and effective range for fish species found in the affected streams and drainages. Some projects involve only minor repairs and reconfigurations with minim al changes to stream flow patterns and hydrology. However, some proposals involve significant work within the stream channel/floodplain, construction of fish passage improvements and placement of fill that may affect stream hydrology. Wetland impacts are not anticipated however, delineation of wetland areas will be needed on final project plans. The Applicant’s Representatives have indicated that construction is anticipated during low flow periods. Copies of any applications to the Army Corp. of Engineers will also need to be provided. A zero-rise analysis/determination is anticipated as part of the review process. 2 Revegetation and restoration of disturbed areas will be required with coordination with the County Vegetation Manager anticipated. Summary of Five Project Areas Project 1: Ryden No. 1 Diversion & Split – Parcel No. 2125-142-00-125 Property Owner Meadow: Creek LLC Project 2: Bensen/Pierson/Nelson Combination – Parcel No. 2125-142-00-125 Property Owner: Meadow Creek LLC Project 3: Relocate Trout Ditch Diversion - Parcel No. 2125-142-00-125 Property Owner: Meadow Creek LLC Project 4: Roseman Diversion Rock Ramp – Parcel No. 2125-142-00-125 Property Owner: Meadow Creek LLC Project 5: Johnson/Wolverton Fish Passage and Diversion – Parcel No. 2123-253-00-048 Property Owner: Stillman The proposals are anticipated to be processed as two separate Floodplain Development Permit Applications based on the two parcels and two separate ownerships. One would be on Elk Creek (Projects No.1 – 4) and one on Canyon Creek (Project No. 5). VICINITY MAP 3 II. REGULATORY PROVISIONS APPLICANT IS REQUIRED TO ADDRESS Garfield County Land Use and Development Code, as amended (LUDC) including the following Sections: • Section 3-301 – Floodplain Overlay Regulations including but not limited to 3-301(D), 3-301(E)(3), and 3-301(G) • Section 4-109 – Development in the 100 Year Floodplain, including review criteria • Table 4-102 – Common Review Procedures and Required Notice • Table 4-201 – Submittal Requirements • Section 4-203 – Submittal Requirements as appropriate • Section 4-203 (O) – Flood Plain Analysis • Section 4-118 – Waiver from Standards (if needed) • Section 7-203(B) & (C) – Protection of Water Bodies III. REVIEW PROCESS The Floodplain Development permit will be processed pursuant to Section 4-103, Administrative Review Process and consistent with Table 4-102 Common Review procedures for Floodplain Development, summarized as follows: A. Pre-application Conference - Complete B. Application Submittal C. Determination of Completeness D. Schedule the Director’s Decision Date E. Application sent to referral agencies F. Public Notice for the Director’s Decision completed . Includes certified mailing to adjacent property owners within 200 ft. and certified return receipt requested mailing to mineral rights owners on the applicant’s property. G. Evaluation by Director/Staff resulting in a Staff Report H. Director’s Decision I. 10 day call up period, after which the Director’s Decision become final unless the decision is called up the BOCC for their review J. Once all conditions of approval have been satisfied the Flood Plain Development Permit can be issued. IV. PUBLIC HEARINGS AND NOTICE Public Hearing notices shall be posted, mailed and published pursuant to Section 4 -101.E. _X __No Public Hearing (Director’s Decision with mailed notice only) ____ Planning Commission ____ Board of County Commissioners ____ Board of Adjustment 4 Referral agencies may include but are not limited to: Garfield County Consulting Engineer, Garfield County Attorney, FEMA, Army Corp of Engineers, and Town of New Castle. V. SUBMITTAL REQUIREMENTS A. General Application Materials including o Application Form including signatures o Proof of ownership (deed and/or title information) o Authorization to represent as appropriate o Statements of authority o List of owners of property within 200 ft. with addresses (to be reviewed and accepted by the County Attorney’s Office) o List of owners of mineral rights on the subject property and/or description of how this was researched. o Payment of fees o Agreement to Pay Form o Project Description – narrative B. Vicinity Map – formatted on 8 ½ x 11 size for use with public notice C. Site Plan – to applicable scale, including all proposed improvements and significant features. D. Floodplain Analysis – meeting the requirements of the Land Use and Development Code including Sections 3-301 and 4-203 (O) as applicable. The Flood Plain Analysis/memo needs to be completed by a qualified licensed professional engineer and needs to include the engineer’s stamp. Some elements may not be applicable based on the type of project. An explanation – justification in those cases should be provided. E. The Application will need to include details and plans for the proposed improvements. F. The Analysis will need to address the lack of any impacts from the proposed improvements (i.e. no impact on flooding potential – Zero Rise) G. The Analysis will need to include information on construction practices including staging areas, stock piling areas, protection of water quality from sediment or erosion potential, and equipment to be used. Revegetation and restorations plans need to be provided as appropriate. H. The submittals need to address compliance with the Review Criteria contained in Section 4-109 as applicable. I. The submittals need to include any other existing reports, studies, and permits including but not limited to any current review by the Army Corp of Engineers and wetlands analyses. J. The submittals need to generally address compliance with Section 7 -203 (B), Protection of Water Bodies, Structures Permitted in Setbacks. Any significant removal of vegetation should be addressed in the submittals with waivers if needed requested and restoration plans provided. 5 Follow-up conversations with Staff is an option if additional questions come up regarding the submittal requirements. As noted above some elements of the Floodplain Analysis may not be applicable and the Application submittals should reflect that representation. The Application submittal needs to include 3 hard copies of each of the Applications and 1 Digital PDF Copy of each of the Applications (on a CD or USB Stick). The copies and electronic versions need to be complete and include all attachments, r eports and plans. 11 x 17 copies of the plan sets are acceptable for the submittals. Both the paper and digital copies should be split into individual sections and properly labelled. Please refer to this pre- application summary for submittal requirements details as appropriate for your Application. VI. APPLICATION REVIEW FEES This application will be subject to the following fees and deposit requirements: Planning Review Fees: $ 400 (Additional Staff time charged at hourly rate of $40.50) Referral Agency Fees: $ tbd (Review fees associated with consulting engineer review) Total Deposit: $ 400 (per Application for two Applications - $800 total) VII. GENERAL APPLICATION PROCESSING The foregoing summary is advisory in nature only and is not binding on the County. The summary is based on current zoning, which is subject to change in the future, and upon factual representations that may or may not be accurate. This summary does not create a legal or vested right. The summary is valid for a six-month period, after which an update should be requested. The Applicant is advised that the Application submittal once accepted by the County becomes public information and will be available (including electronically) for review by the public. Proprietary information can be redacted from documents prior to submittal. Pre-application Summary Prepared by: 5/14/24 Glenn Hartmann, Director, CFM Date 6 Note: The notice requirement in Step 4 has been changed to 15 days pursuant to Section 4-103 of the LUDC.