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Home My WebLink AboutBOCC Packet 06092010 Warren CreekTO: FROM THRU: RE: DATE: MEMORANDUM Pitkin County Board of County Commissioners Mike Kraemer, Planner %�� Cindy Houb�n; Community Development Directar Warren Creek LLC - Activity Envelope and Site Plan Review for River Restoration June 9, 2010 REQUEST: The Applicant requests Activity Envelope and Site Plan Review for work within and along a lower reach of Warren Creek. The Applicant has stated that the purpose of the proposal is to restore this lower reach to protect a residence and pond from flooding and potential damage to surrounding properties. APPLICANT: Warren Creek LLC. PID#:2737-204-00-041. REPRESENTATIVES: Mike Claffey of Claffey Ecological Consulting, Inc. LOCATION: East of Aspen approximately 1.5 miles 2005 AERIAL PHOTOGRAPHI': Parcels are highlighted in orange. e� � � ^�+�' � �.;�:, / �� "�t i� � � � ` � � �F�s� R. �x�� y � � P «. � { � ..iQ�' k , .` . � 1�r e, «�� 1 +'d.j� . � ,��' l��,: fU T�; �` �� ,� y �� ..�� ,.� -� �,�.. , s� �� , ,,.3 �; ` � � ri� ' ,��. � L� M � �' .t �. � `� � � . � r �a t, �p 3 e-;, �b' ..q- wl'� '�i , .. ,*, ` "� �r �'.° �4 Roads �, � ° '�, ,� � � , . � ' �i 1- � � ---- . � � •"��•. d. i '+nf�ter � � .' , �' �' 3 � ,« �� `;��- � �,,.��i :'�4..r ��,� k �� ,: � � `� � '�+s'+ ° �� Warren � „ . "��g ' �' �.. d�� Creek �� "� 7i�� . �,n • b, yRx�. Y Sy � 9 ��, ,�{. � ��k.i .• F �� . ,,, + �, % V ,�Y '�" .i .§� P . �e. ��4 ' ,?� �Il.• �'Q;.�� 'i4t �.i/' � , .: � . � y�,. ., � �` . "^ � 'Ri',�;� `��a ,� ��'� � � w'' �r�` � �"i 'A 't`A �� y�" `` 4� '}/ �I�P �y d e� ,, � s �,�' S �" ° �i,g � �„`. �`r" i - � ... �� °��^ 17, �t sx �!j�`" ,�. � ,. x,. .'�" �'' Yr.. . ^s f �tl ' !, ' �S? � � � Aspen Center for � � ;� � �' `a. ,,, ° � � Environmental Studies +�'.e�� # � -,� �4 y1�� , �` i, � ; . �'� � � � • �'�� i�. '�' '� � - ,� �` ��` "�'" � ' � � ,, �: ,i .,r. ,ay t + s v, N °� ^: ;, .• � ,• _ , , a jir ' 4 � i . J � ��E t �7� , �" �u ! ..y� . '� �'t�" ' �- V � r , .'"� � ' . .. � r , —,;, �� ` . ��;. � � �,. � '�T°�y, � ;p �` s �'�� • ' ��`\�� i, , A �r y '" •, � �.'4� r� 1 y . i A y � � � / � ''�'!. $1 �� \� iy',, '� k *"�� '�� r. . � � � '?� b,� C , ' Sa � k ! � � ' �S�' .� � .a � '. • � .. � , . ' �� x �' < �'4 +� :in.� ' 'e k �°�� ' ��'�,' �, ,�,,� ; ,M � - , � g' ° ��, 4 � � � � ,�� ,, � � , a � ara „� � ��t � aw. �. �»�' � �„ e � J" . R' � � �. ,n ; ' �►. , ° `�` � ' � . c �. ��' ° . �a- , � � � "� � � � � �� +� � � �,�,� �� ;� Warren Creek LLC �r�' �' � ,� � ,�� - � "� c . ' � t ;nw"� � '°'� t > ' �"iti'a 4,� "s � d �{ � a ` p� �� "� ',+.�;��`" � �r� , ' � �, . � � ` � ` 1. . � X , .-. r .. „ ' � j �" '� � b'#+wr.. ' �`a � ` �. � � �s+� � �A � c .� � .�" � � x�� # � � r:v � ��'R 1 ^;. � � � V < . � r t a r r'' s .� w�"�'� '�.�'�g o ��" ' �, ;yS�+��7� ' 4 �� s .�°"� �;y. v.� r�., �� `r' �. 'M1 ;�`p ' t Y y � �ae. d� :t»°�,'K'�'al'*; x . # ;� .� . . a ! �s�� p�, k, ��`r� * k`,.�. ,� m�x �,{�r � � �� l '� � � � i � *�� e�.�v �R�� 1 . ` �� 4" ��y{�`�� . 'Y Page 1 of 9 0 BACKGROUND and EXISTING CONDITIONS: The parcel contains a pond that is located directly next to a residence that was const�cted in 1964. The pond is fed by a ditch that flows off of Warren Creek. When flooding occurs, the ditch needs to be heavily sandbaaged to hold water within the channel. The picture below depicts the sandbagging that must occur, t�. t�c�" n the spring . .�t .� *� �,F r � � _ �p . � v r� s �, ��€�g� � t, '� � s� �� ; � � s� � —i°-'. -7 . J � `' � �_ .� : 7 � "r r�,��Y i } �. � �� 4 �. � ''t�� ` � �"�"�i � � � � � �IYe�'�l��i Q�� f � ` ,� � y �,� .� �:` � � � 'q' xs�,� F s � �� t � � a p � ,_ `" � t �� ;'t � � � �o is �''� �� r"" �R' `_'p�_' xi � :� `- g ' �� 'J 4._ � 4� '� A .�' '�'i�' +5 4 '��' .� : .� 3� �' ''� � ,� SF _ "# : a� 'e �� k � . �� a. �"'t. � '�-- . .F; o- �' p � :� �" � �,.��'X` ` � �'v � „��,, � � €� s �:*`�� s �x S; � • �`�' r � : � i ,, i � � �; s � 3 $ 3 � " s,- ��' i�` �, ;� ��a� �`�� "�:� a* �� , � - � r ,€�`"�"' � � }. z� �S � �-. � £ �sx `,�7 `" ...� r ��"`� �� . k �," � ..'_r, e'�' �m ` �� a � & � J,�� ` 1t.�+ �" .t f;, ��, � -�i �,� �' . � 4� �� 1� � _ �"'' x _ . ....-.� � ' F� a i , fr ti , b + �r t � � r ','; Y � c��S�r �. � 'i'. . +u�..� � �i� s� - 1 Ti �yvz., y� �. � � . � �'�"� 2f �: , } � k � • ��(�i .� v��, �� R.l'�` � �A ` fi � � '-� � � � .. .�, , " � . .. � .. � : �, � ..% � .� , , ,., _ , . . .. . . ' ... _.�' .a.i: � ..- ._ '.p�y �� + t,s� � � , r.� `4�. .� � 5 � '! � . _ .r. ° ..... � . . , .. ; �d-?.,� ��s. �s,�.. .. �:• ��'.-° .H � _ . _ �,. '"�. � -.� /` � � � " M , ., �� .� � ` :�' � �-.v ��_�� , =,.-.n� , �, � ,t; �fi; Sandbags along the ditch that feeds y .::�r,,. .. . �� -` � � �� _ � �V� The Applicant states that Warren Creek acts as a debris flow channel and in times of heavy movement of debris, the main channel of the Creek becomes choked with matter, and diverts more and more water into r?,� ditch +l��t feeds the t?ond. Below is � nich!re �f W�rren Creek and the ditch that nin�sy directiv next to it ��.�., ;.�?" . .:;�'« ,=�'t3'.."�' 3r.��T.$'l�".. - � ;4" ':? ''YS��°� �:? ' � . . ��i l� . t �,n. ' , ::.�i��i ;vb =;�..e': � " . ?'��_. � _. � Page 2 of 9 }� �> �.r, ,'+�, � ,� � _�c,. �� . �4�� -. . n.�� .�1 ��i � Li The Applicant's concern is that if too much water is diverted in the pond, the pond may fail and failure may threaten the home. It has been stated that the steep embankments and spillway/pond outlet structure on the south side of the pond could potentially fail leading to a rush of water and debris that would also destroy valuable wetland and riparian habitat on the ACES property. There is also a small cabin that is directly below where the pond is located. Below is a picture of the pond: � ; � � t } ,, , . . . � _� �.,, �,_ � � �.,,.,�' j�� K , " � � � �� ; Sandbag holding water ��, 4 ' �' � ,.:` � � �r, . ' �, , ' � , �i'j'�' � Y ,� 4 �•,. �! �"',.! �,, �-; � �•� � � � ��:�= in ditch. Pond that is �� r � �� ,� ;. ,�•' M1 1 ��' ' ��'- � `�� *� � � � � � � � filled off that ditch ;�� x; �� ,�,,� ,�f< �� ` � � a ' �� ;�� . � x��, �,�,� �• ' ��t '� �'� �� ,, M � � ��: . r. '"t � � � � , .�.�'!'�� 4j ' i ..� ai � ,� �^ � �. 4 ?Er i � ia4„� .�,�3 � � � a �� . . .. � { '�. �i�,'T. � . „�,'��.�.;,,aa . `�, +F' �yrl Rf�' � � . � �` . � �� t��,. , �,�` , _._ � �:��r tr �� , .. � ;�. � ,_. ", ,� , �:., . �, �� .� . �`'� �w� � , �� t �p �;� � � �„ u� a 'S � w�i, ; j\�� .�,�° 1'.'� . z � � '`„ ; � ��'-��° ti,'r� � , , a. �� . �,�. _ y � . _ - � ��` � �' : � . ..�, ._ �.. ; .. , ; _ �, u, �� Below is a picture of the outlet structure along the pond embankment that is proposed to be replaced. This structure is on the ACES propertY• _ -.. ,.. _., _ ,, ::.. .,,,,..�. � :. ._ ,.,.. .,-.r.�. � F;:: � �" , >� �`; :'7 j' ��`��' +;? he�+ r' r� �, g #..k+��+ � �i��'� . t a �.., t,�; " y'� �" } r� �"r��s-a .,aAr.grr� . +,� , ':.�' � t: '� 6�-��,{ . .y #�� T�„� Y ,y� ,'i". ab4 3'4� � a� :�,�, �p.°-"' �i „. _ � � �7 , " 8�' � C`'� � � �'� t � � ��A�� i ' .',�,�W""'� � '� _ , � i i �r 1 k -4 '�f9,� �tcb � , °t z��? y �i Y,x � ; sP ` _ � � � �� C�' +�, - ��" �, 2y�� S. �' +tl"� � h' �, , % ' � ,, '� Y ;� " �` � �'y y�( �� k #£} F,y ,{�'. ; � _ � � .. � � '°t� � � Y � . �{s 5 R� �y� t .. �� ° S' ,�! s d �� '�� ,.;s' �r �� ' - ra"�` n. ' � � ; � � � ' „„e �. ' , - '� : i ;.. 3 { � ,,,�y� �C�r%'�� ^. �:' ){ ��°r� �°�� . � x��.H�4` p� ., ��i ��7�°tq�vr.i W�'�� .�. 4 34x`s`*'" 3 =.• � � ,q � �Y}' �� •. � � _ �� ; }� � ��,.. � r� - �4 � � � t �� '� Y4"'�' � '� $�� . a�' � �t � �..:.. �_ r�." ,� �;V F.. o � ,• _ Y- „ . . � � .. � _... .. . . _.. . _ "`'°".� A��- i.vy . �r�. �t, s �. ...w. r�' '`{t ` _' -.,� � . . .. F,+'k's .. .;t..._ -... � � Page 3 of 9 �!i r.�� . 4.ln..s. � :� �fi. �. � :4 � . � .. ..l�r°. SPECIFIC PROPOSAL: Page 6 of the Applicant's submittal outlines the specific work proposal. This work includes: • Channel work to Warren Creek: remove debris and re-create the original channel. • Fill in ditch and adjacent areas: this area will be filled and compacted and a new water supply ditch will be constructed to feed the pond. • Re-enforce pond embankments: the pond water would be released to a level where work can be done to the earthen embankment. The Applicant has proposed reinforcing it with clay. • Outlet Structure: This structure is proposed to be replaced. • Emergency Spillway: This spillway is proposed to be replaced. The Applicant has indicated that .064 acres of wetlands will be disturbed but will be mitigated in full by purchasing credits at a 1.5 ratio at the Windstar Mitigation Bank. REFERRA.L AGENCIES: The application was referred to the East of Aspen Caucus, the Colorado Division of Wildlife (CDOW), and the Planning Engineer. Comments from the Planning Engineer are attached. No other comments were received. OTHER CONSENT NEEDED: Aspen Center for Environmental Studies (ACES) owns the parcel adjacent to the subject parcel (see aerial map). ACES has provided a letter of consent for the project to proceed (Attachment A). The Pitkin County Open Space and Trails Department holds an easement on the ACES property and has provided a letter of consent for the project to proceed (Attachment B). RIVER RESTORATION CODE AMENDMENTS: To facilitate an ample review of the proposal, the Land Use Code was amended two years ago pursuant to Ordinance 24-2008, which created a one (]) step BOCC special review for river restoration projects. Below are standards in the Land Use Code for which the project will need to show compliance. Staff has outlined these standards and has provided responses to them. ACTIVITY ENVELOPE (7-10-50): Request for an Activity Envelope and Site Plan must comply with the provisions and policies of Chapter 7 as provided in the following Code sections. SITE PREPARATION AND GRADING: Land Use Code Sec. 7-20-10 addresses standards for site preparation and grading: Response: The most significant standard in this code section requires that tree mitigation occur when trees 6" d.b.h. or greater are removed. The Applicant has stated that trees 6" d.b.h. or greater will be removed for construction and Staff will require mitigation at earthmoving permit review. STEEP AND POTENTIALLY ITNSTABLE SLOPES: Land Use Code Sec. 7-20-20 addresses standards for development on potentially unstable slopes; Page 4 of 9 Response: The proposal will not encroach onto natural slopes greater than 30%. The embankment that holds water in the pond is steeper than 30% but is exempted from slope regulations because it is a minor slope anomaly. WATER COURSES AND DRAINAGE: Land Use Code Sec. 7-20-30 addresses water resource standards which are applicable to all development. (b) Encroachment or Channeling: Encroachment activities or channeling activities in a river, stream (including intermittent streams, pond, wet meadow, or wetland are subject to the requirements of Sec. 7-20-40 and 7-20-80 of the Code as well as other applicable state and federal statues and regulations. Response: Sections 7-20-40 and 7-20-80 will be addressed later in this memo. The Applicant has a letter from the Army Corps of Engineers that accepts the proposed wetland mitigation (Attachment C) however, the Land Use Code does not recognize off-site wetland mitigation. The Applicant will be conditioned to provide onsite mitigation. It is anticipated that the Applicant will also have to obtain Nationwide 27 permit. Compliance and permit with Federal Regulations will be conditioned if approved. Subsection 7-20-30(c)(1)(b): Drainage, General: Activities shall provide for the unimpeded flow of natural water courses and ditches. Response: The proposal does not show any obstructions within Warren Creek. Subsection 7-20-30(g): Sedimentation: All activities and development shall: provide adequate sedimentation control throughout all phases of development, retain sediment produced by soil disturbance on site where the disturbance occurs and prohibit run-off into any water body, wetlands, or riparian areas. Revegetate clearing and grubbing as soon as possible, but in no event longer than one growing season after conclusion of development on site. Response: The Applicant has stated that sedimentation will be controlled by rerouting the entire flow of Warren Creek through the ditch while the main channel work is occurring. This will be the same practice as when work within the ditch is occurring. Best Management Practices have been committed too and will be reviewed at earthmoving permit submittal and review. Subsection 7-20-30(h): Water Quality (1) All land uses shall comply with those setbacks required by Sec. 7-20-80 and those setbacks required by Table S-1. Response: The Applicant's work is within the Roaring Fork River and within the required 100' setback as outlined in section 7-20-80 of the Code. The Code, however has been amended to allow legitimate river restoration projects to be encroach into this established setback pursuant to table 5- 1 A. (2) Activities and development shall comply with all state and federal statutes and regulations concerning the protection and enhancement of water quality (including but not limited to the requirements of all state and federal permitting programs). Page S of 9 Response: The Applicants would be conditioned to comply with these regulations. The Applicant states that appropriate Federal permits have been submitted. It is anticipated that the applicant will need a Nationwide General Permit Number No. 27 from the Army Corps of Engineers. (3) Activities and development shall be consistent with maintenance of the Stream Classifications for the Roaring Fork River watershed, as identifred in Section 208 of the Roaring Fork Watershed Management Plan, and shall comply with state regulations pertaining to maintenance of those classifications. Response: The Roaring Fork Water Shed Management Plan does not technically have a section labeled 208. Staff assumes the Code was meant to reference Section 2.8 of the Plan. Section 2.8 speaks to the maintenance of in flow stream levels for the watershed. This application does not propose to remove water from the River except for that water which is allotted as a legal right. A letter from the Applicant's water attorney has accompanied the submittal that identifies this right. FLOODPLAIN HAZARDS: Land Use Code Sec. 7-20-40(c)(2) addresses development within the floodplain that involves proposed improvements. The standard reads as follows: Identified and approved public and private recreational uses are permitted in the floadplain only if the approved uses do not cause a concentration of people in such areas during high flood hazard probability. Any structures associated with such uses shall be subject to the provisions of subsection (b) above. Terrestrial and aquatic habitat restoration activities shall also be an allowed use in the floodplain, provided that the BOCC makes a finding that the restoration project has been designed for the purpose of restoring, or preventing further degradation of the natural, dynamic functions of the river, stream, or other body of water; the applicant shall be required to provide su�cient scientific information to establish both the existence of pre-restoration degradation and the scope and desirability of the post-restoration improvements. Acceptable scientific information may include, but is not limited to, information on channel hydrology, site geomorphology, streambed characteristics, macroinvertebrate populations, and fish populations. Applicant must also demonstrate that the scientific information provided has been generated by an individual(s) or legal entity (ies) qualified to render an assessment in all pertinent subject areas. This demonstration may be provided in the form of a curriculum vitae (CV) for an individual, a company resume of project experience, personnel certifications and licenses, etc., or any other manner reasanable under the circumstances. Response: The Planning Engineer, who is also the Floodplain Administrator, has made no comment on the impact to the floodplain (Attachment D). The Applicant has, at length, outlined the need for the project and potential impacts that could occur in a major event. The Applicant has engaged an engineer to provide technical detail on the project. The Applicant has provided CV's for the representative and the design team. The proposal will not cause a concentration of people during high flood hazard probability. No structures have been proposed within the floodplain with this request. Page 6 of 9 Staff feels that the BOCC can make a finding that this is a legitimate stream restoration project and that the project has been designed for the purpose of restoring, or preventing further degradation of the river and its riparian and wetland surroundings. With best management practices employed, construction impact could be mitigated and/or minimized. WILDLIFE HABITAT: The project area is within an elk migration corridor. Code standards associated with this big game species are not applicable to the proposal because no permanent buildings are proposed. Response: The CDOW was referred on this application however no comments were provided. RIVER AND STREAM CORRIDORS AND WETLANDS: Land Use Code Sec. 7-20-80 establishes standards for development in streams and wetlands. Response: All development must comply with the 100' setback from streams, creeks, and rivers unless specifically exempted from the setback. Section 7-20-80(c)(2) which states: Bank stabilization, riparian restoration work and restoration of natural, dynamic riverine functions (in accordance with the requirements of Section 7-20-40(c)(2)) may also be permitted dn riparian and wetland buffer areas upon the BOCC finding that any adverse impacts will be adequately mitigated, as required by subsection (d) below. Staff feels that the proposed project can mitigate any adverse impacts by requiring best management practices during construction. Riparian habitat improvement projects and bank stabilization is permissible under the above mentioned code sections. The work proposed by the Applicant complies with this standard as riparian plantings are proposed during revegetation. As stated earlier, wetland mitigation will need to occur on site. Staff recommends the BOCC make a finding that adverse impacts can be mitigated. Subsection 7-20-80(d)(11): Mitigation Standards Specifically item #11 speaks to legitimate river restoration projects. The language reads as follows: Alterations to stream channels (including their capacity, filling and dredgin� shall be prohibited unless it has been satisfactorily demonstrated, through site-specific scientific study and analysis (including an evaluation of all upstream and downstream impacts), that the proposed channel work will improve the dynamic stream channel function, the habitat for a diversity of species, and that future and historical public uses, such as stream navigation, recreation, and aesthetics are not diminished by the proposed channel improvements. All approved stream work must be permitted. Acceptable scientific information may include, but is not limited to, information on channel hydrology, site geomorphology, streambed characteristics, macroinvertebrate populations, and fish populations. Applicant must also demonstrate that the scientific information provided has been generated by an individual(s) or legal entity (ies) qualified to render an assessment in all pertinent Page 7 of 9 subject areas. This demonstration may be provided in the form of a curriculum vitae (CV) for an individual, a company resume of project experience, personnel certifications and licenses, etc, or any other manner reasonable under the circumstances. Staff Response: Staff has been onsite and has witnessed the degradation that is occurring as a result of an inadequate diversion point off Warren Creek. Flooding is causing damage to sensitive habitat areas adjacent to the Creek and this proposal could rectify this situation. 'The above criteria require a scientific study that addresses, upstream and downstream impacts. The Applicant has outlined a dismal scenario about the downstream impacts if no work is done and the ditch continues to receive water from Warren Creek. The Applicant states that the dynamic function of sediment transport in Warren Creek will be maintained. Staff recommends that the BOCC makes a finding the proposal will improve the dynamic stream channel function and habitat diversity of species and that future and historical public uses will not be diminished by the proposed channel work. SITE PLAN REVIEW The Applicants have requested site plan approval. This request requires a review o£ (1) placement of development within an approved activity envelope; (2) development within a scenic view protection area pursuant to section 7-20-120(d); and (3) 7-20-130. DEVELOPMENT WITHIN AN ACTIVITY ENVELOPE The Applicant's have defined an activity envelope and all development and proposed wark is shown to be within that envelope. SCElvIC REVIEW: Hwy 82 is a scenic corridor and all development must comply with the scenic standards. However, the Applicant has not proposed construction of any buildings. Development has been proposed within the channel of Warren Creek and along the pond embankment. This wark will not be visible from Hwy 82. LANDSCAPNG AND VEGETATION PROTECTION: The Applicant has committed to successfully revegetating the disturbed areas with riparian and native vegetation. The Applicant will be required to post a bond for revegetation of the site. Wetland planting will need to be part of the revegetation plan. PUBLIC COMIVIENT: Staff has not received any public comment. CONSTRUCTION MANAGEMENT: The Planning Engineer has provided comments (Attachment D) on the proposal. Specifically, erosion and drainage control plans, construction staging, revegetation, will need to be more specifically addressed by the Applicants. This is typically addressed at the final permit stage and the Applicant has made representations in the application on how these issues will be addressed. RECOMMENDATION: Staff recommends the BOCC adopt a motion approving the Warren Creek LLC River Restoration Project subject to conditions outlined in the attached draft Resolution. Page 8 of 9 ATTACHMENTS: A. ACES consent letter B. OST consent letter C. Wetlands letter from the Army Corps of Engineers D. Planning Engineer Page 9 of 9 .:... T..,�.�,..,�,w . :� _� . .. . �;,.�w �A.��„��,:��, _ _ _ _ RESOLUTION OF THE BOARD OF COUNTY COMl«'IISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING ACTIVITY ENVELOPE AND SITE PLAN APPROVAL FOR THE WARREN CREEK LLC RIVER RE5TORATION PROJECT Resolution No. -2010 Recitals Warren Creek LLC ("Applicant") has applied to the Pitkin County Board of County Commissioners ("BOCC") for a or�e step Activity Envelope and Site Plan Review for a river restoration project for work within and along a lower reach of Warren Creek. The Applicant has stated that the purpose of the proposal is to restore this lower reach to protect a residence and pond from flooding and potential damage to surrounding properties. 2. Part of the project area includes work occurring on a parcel owned by the Aspen Center far Environmental Studies (ACES). ACES has provided consent for the project. The Pitkin County Open Space and Trails Department (OST) retains a conservation easement on this parcel and has also provided a letter of consent for the project. The parcels are all located approximately 1.5 miles east of Aspen and all are in the AR-10 zone district (Legal Description Attachment A). 4. The Applicant has addressed all necessary sections of the Land Use Code, including amended sections identified in BOCC Ordinance 24-2008. The BOCC heard this application at a duly noticed public hearing on June 9, 2010 at which time evidence and testimony were presented with respect to this application. No written public comment was received during the comment period. 6. The BOCC finds that the proposal demonstrates that this reach of Warren Creek has been degraded by an inappropriate diversion of the ditch that feeds a pond. This proposai, if implemented correctty, will improve the environmental quality of this reach of the Creek. 7. The BOCC further finds that the under Section 7-20-40(c) the application has been presenYed as a restoration project and has been designed for the purpose of restoring, or preventing further degradation of the natural, dynamic functions of the Creek. S. The BOCC further finds that under section 7-20-80(d)(1 l) the proposal will improve the dynamic stream channel function and habitat diversity of species, NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grants approval for the Warren Creek LLC R.iver Project subject to the following conditions, which shall run with the land and be binding on all successors in interest: 1. The Applicant shall adhere to all material representations made in the current or prior applications or in public meetings or hearings and shall consider those representations to be conditions of approval, unless amended by other conditions. 2. Prior to submission of any future permit applications, the Applicant shall be required to submit for approval by the County Attorney and Community Development a Site Plan with an Activity Envelope in accordance with Land Use Code Section 2-3Q-ZO(g) and Application Manual Section � �� Resolution No. -2010 Page 2 of 3 2.1.12. The above referenced approvals shall be a condition precedent to fnalization and recordation. The Applicant shall submit an earthmoving permit that identifies all areas disturbed by construction. The permit shall include a detailed revegetation plan that shows native riparian/wetland plantings and/or vegetation in the area. All revegetation shall occur within one growing season of the project's completion as represented in the application. Financial security for successful revegetation is required. Wetland removal from construction shall be mitigated fully onsite. A tree mitigation plan shall be submitted for the removal of any trees larger than six (6) inch DBH. 4. The Applicant shall provide a detailed construction management plan which delineates access to the site, and all disturbances, material storage, and parking areas. All disturbances shall be contained in the approved development envelope. It shall also address how fuel and other hazardous material will be prevented from entering the waterways and emergency cleanup efforts in the event of a spill. The Applicant shall submit a drainage and erosion control plan which addresses how sediments will be contained on site and prevented from polluting the river and other waterways. The Applicant shall submit a floodplain permit for review and approval by the County Floodplain Administrator if needed. All applicable State and Federal permit approvals shall be submitted with this permit application. No development shall occur outside the approved activity envelope. Statutory vested rights for the approval contained herein are granted pursuant to t1�e Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Use Code, § 2-20-170 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on June , 2013. Failure to comply with the conditions of this approval may result in revocation of this approval, or any subsequent permit(s) or approval(s) related to this property, or vested rights associated with this property. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TID'IES on the 9�' day of May, 2010. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIlVIES WEEKLY ON APPROVED AND ADOPTED at the public hearing on the 9�' day of June, 2010. Resolution No. Page 3 of 3 ATTEST: Jeanette Jones Deputy Clerk -2010 APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO George Newman, Chair Date: APPROVED AS TO CONTENT: � /'��i��aa Q ��"� John Ely, Cindy Houben, County Attorney Community Development Director Case # P024-10 PID#'s Warren Creek LLC PID#: 2737-204-00-041 �_.r,as..�., .,�,.;�.� . .. , w,. �„��,�,,. ��. . ,. . :_. _ . Michael Kraemer From: Tom Cardamone [tcardamone@aspennature.org) Sent: Wednesday, June Q2, 2010 11:41 AM To: Michael Kraemer /).�� Subject: Re: consent letter f7 )une 2, 2010 To: Mike Kraemer Pitkin County Community Development Department From: Tom Cardamone Executive Director Aspen Center for Environmentai Studies Regarding: Proposed Warren Creek Restoration Project Dear Mike, The Aspen Center for Environmental Studies favors and approves of the Warren Creek Restoration Project between Highway 82 and the Roaring Fork River. ACES regards this project, adjacent to four acres owned by ACES, as an appropriate action to protect our upstream neighbor's property. The praject will also protect the Roaring Fork from potential damaging siltation if Warren Creek were to overtlow its banks and flood a pond on our neighbor's property. ACES also recognizes the project involves installing a drain for the neighbor's pond and that the work will be done on property subject to a water rights easement which may be partially on ACES four acres. ACES recognizes the neighbors ownership of this easement, and his right to undertake this improvement project. Sincerely, Tom Cardamone On 6/2/10 1�:26 AM, "Michael Kraemer" <MichaeLKsaemer@co.pitkin.co.us> wrote: Tom, Coufd I get a copy of the ACES consent fetter for the BOCC packet? Would need it by noon today. Mike Mike Kraemer Planner Community Development Department Pitkin County 130 S. Galena Street Aspen, CO 81611 970.920.5526(phone) 970.920.5434(fax) � Michael Kraemer From: Sent: Cc: Subject: Hi Mike Barb D' Autrechy Friday, May 28, 2010 9:06 AM Michael Kraemer Dale Will Warren Creek Thank you for including me in your site visit yesterday. � i� C F�,�� i— � As we discussed, OST supports the application for proposed pond embankment repair and spillway replacement on the Warren Creek LLC property. It would appear that t#�e existing structure is in need of replacement, and that failure to pursue the recommended measures could resulting in flooding of the conserved property, depositing silt and spoils from the pond embankment on the property. The applicant will be expected to restore the disturbed area on the ACES property with native vegetation. Thanks for seeking OST's input on this project Barb D'Autrechy Acquisitions Manager Pitkin County Open Space and Trails 530 East Main Street, Third Floor Aspen, Colorado 81611 (970}429-2796 (970)920-5198 FAX For more information on Pitkin County Open Space and Trails, please visit our website at www.aspenpitkin.com/openspace .q�.��,�,� • DEPARTMENT OF TNE ARMY �•� /�� "�� U.S. ARMY ENGINEER DISTRIGT, $ACRAMENTO !"� CQRPS OF ENGINEERS �' �� 1325 J STREET ^�._./ 3ACRAMENTO CA 95814-2522 REPLY TO AiTENTION OF May 6, 201 � Regulatory Division {SPK-201 Q-Q0569) Thomas White Warren Creek LLC 201 Main Street, Suite 2600 Ft. Worth, Texas 76102 Dear Mr. White. .��/� � ►� �� V�e are respondzng to yc�ur April 7, 2410 request for a Department of the Army perix�it for the l�arren Creek Stabilization Projeet. This project involv�s dischar�es of ciredged or fili material in�o water� of the United S�ates to recanstruct the mafn channel of V�`arren Creek ��hich acted as a debris flow channel. It includes f liing in a water supply ditch fram 94'arren Creek to ar� ezisting pond and ec�nstructing a diversi�n from Warren Creek direc:tly tc� the pand. 1"�e work also requires that the channel crf �«Tarren €:reei� be excavated to its original depth. T�e,existing smail pond off Warren Creelc will require reinforcement af �nnd ernhan�.rnez�t, and replacement spillway and outfall. The project is located art or near VJarren Cr., Section 15, Township 10 S, Range 85 W, Latitude 39.1621°, Longitude -106.78972°, Pitkin County, Calorado. f Based on the information yau provided, the propased activiiy, resulting in the permanent loss of approximately 0.064 acres of wettand is autharized by Nationwide Permit Numbers 13 and 3. The proposal to mitigate for the loss of 0.464 acre of wetland by purchasing 0.1 acre of wetland credit at the VtWindstar mitigation bank is hereby accepted. Please provide to the Corps evidence of the credit transfer prior to construction. Your work must comply wi.th the general terms and conditions listed on the enclosed Nationwide Permit inforrnation sheets. You inust sign the enclosed Compliance Certification and return it to this office within 30 days after completion of the authorized wark. This verification is valid for two years from the date af this letter or until the Nationwide Permit is modified, reissued, ar revoked, whichever comes fir.st All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 1�, 2012'. It is incumbent upon you to remain infarmed of changes to the NWPs. VJe will issue apublic notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant NWP is modified or revoked., you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationw7de permit. Failure to comply with the General Conditions of this Nationwide Permit, or the project-specific Special Conditions of this authorization, may result in the suspension or revocation of yaur authorization. We appreciate your feedback. At your earliest convenience, ptease tell us how we are doing by completing the customer survey on our website under Customer Service Survey. . � -2- I'lease refer to identifcation number SPK-2010-00569 in any correspandence cancerning ' this project. If you have any questions, please contact me at email Nick.Mezei@usace.army. mil, or telepkone 97Q-243-1199 x-18. Far more infarmation regarding our program, please visit our website at ivivw.spl�usace.army.mil/regulatory.html. Sincerely, Nichalas A. Mezei ' Environmental Engineer Enclosure(s) Copy fiunished without enclosure(s) Pitkin County, Environmental Health and NaturaI Resources, 0445 Castle Creek Road, Suite 10, Aspen, Colorado $1611 Mr. Michael Claffey, Claffey Ecological Consulting, Inc., 13i? 17 Raad, Fruita, Colorada S1521 • � �4 T"�ct��► �n.7 i Q PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 130 Sauth Galena Street Aspen, Colorado 81611 (970) 920-5526 FAX# (970) 920-5439 MEMORANDUM To: Mike Kraemer FROM: Catherine Berg, Planning Engineer Re: Warren Creek LLC DATE: May 18, 2010 After reviewing the application I propose the following conditions: ➢ A detailed drainage and erosion control plan sha11 be submitted with each development permit. If the total development disturbs one (1) acre or more a State Stormwater Permit shall be applied for and obtained. The plan shall speak specifically to keeping all sediment from flowing into Roaring Fork River. All historic and natural drainage patterns shall be maintained. ➢ A detailed revegetation plan will be required. The plan shall speak directly to the revegetation of wetland plantings and the around the pond and other waterways. Plan shall be reviewed and approved by Pitkin County Community Development. ➢ The applicant shall mitigate the loss of wetlands onsite, purchasing credits at the Windstar Mitigation Bank is not an acceptable form of mitigation. Financial security may be required for wetland mitigation work. ➢ A tree mitigation plan shall be submitted for the removal of any trees larger than six (6) inch DBH. ➢ The applicant shall submit a detailed Construction Management Plan with each development permit that addresses all phases of construction. The plan shall speak specifically to minimizing impacts to vegetation. ➢ The applicant shall apply for and obtain an Eartlunoving, Clearing and Grubbing Permit for all grading and landscaping improvements that move more than 50 cy of soil. The permit application shall include: ■ All Army Corps Requirements. ■ Engineered drawings of all improvements, including dams and all outlet structures. ■ Documentation of adequate water rights. Comments: ✓ How will the site be accessed for the work? Activity envelopes shall include temporary access. ✓ Will the channel need to be cleared on a regular basis since this is an alluvial fan and each spring the site will see additional sediment deposits? WARREN CREEK PROJECT SITE PLAN & ACTIVITY ENVELOPE APPLICATION � � �. �� :� �� , �.. � � �}�e� �T e "% } � �{ � 3,"+ � �'� Miw�. � � � '�E y � � t . � � � ,` � {�� : � �� . � ' w, ,' ° �' � .,� � „ � '� t°'��'�i��.� _ �..�. . ,.�': m a � �,� . °� . < � 'e3°.��iw 3K„!"y � R'"5'P:. �a'P § � � }' � }� 5 � �g � � � v ��'qy �� i � �, � �� .,r �� L �. �f� �A � y � � �� .� ' � ' .� �-�'� .. a a y x � a ' 4 .�. `�° �''-�. r =..". '� -r � : '.�• �., , � � � ,� .�y E s 4 <,�+' � �p k.. �a�,. � � � `� :� y� �� . "� § #'�� "� �� r �"�� y� S = A �� bf .� �'"�� E �� ','� a � ,� M � ^` . " �... �� . .�.� �� . .. . . .� .. _ ... , .�._�3 Submitted to: Pitkin County Community Development 130 S. Galena Aspen, CO 81601 Submitted on behalf of: Warren Creek LLC Parcel ID #2737-204-00-041 � ' 'V ; e / \' � �/,� Cla%y Ecological Consulting, Inc. , �'�� ,� � 1371 17 Road • Fruita, Golorado 81521 �` ��I;� 970-858-1670 • 970-640-3783 Cell �� -- - Warren Creek Project Parcel ID # 2737-204-00-041 I. Explanation of Request/ Description of Project A. Introduction This request is to restore a reach of Warren Creek and repair the embankment of an existing pond on the Warren Creek LLC property in Pitkin County, Colorado. The request is made to stabilize this reach and a man-made pond to prevent damage to private properiy and degradation of the aquatic environment and wetlands associated with Warren Creek and the Roaring Fork River. This submittal was prepared by Claffey Ecological Consulting (CEC) of Fruita, Colorado and Resource Engineering (RE) of Glenwood Springs, Colorado. Warren Creek is a debris flow channel which by its nature occasionally floods with not only water but gravel, cobble and mud; and, the deposition of cobble and gravel material over time created an elevation rise within its channel and adjacent floodplain which now leads to excessive flooding and potential failure of the pond embankment. When Flooding has occurred in recent years, it has been necessary to heavily sandbag the creek bank out of concern over a potential channel change would cause the entire creek to shift and flow into the water supply ditch originally constructed to supply water from the creek to the pond, as discussed in detail below. The project includes: • channel wark within Warren Creek to re-establish channel capacity in the original channel, • reconstruction of a riparian corridor in what was a water supply ditch, • re-enforcement of an existing embankment of the pond on the west and north shoreline, • replacement of the ponds outlet works, • reconstruction of an emergency spillway for the pond, • and planting riparian and wetland vegetation. Each element of the project is described below in more detail in Section D. Pitkin County requires debris flow mitigation for new construction on alluvial fans where an adequate hazard- free area is not available (Pitkin County Code 7-20-50 (d)). Section 7-20-50 (d)(2) specifically requires the use be protected "by channelizing, damming, or diverting potential mud or debris flows utilizing engineering structures by a professional engineer or geologist licensed in the State of Colorado". This project is designed by a licensed engineer, but proposes debris flow mitigation that attempts to blend with the native habitats on site and restore stream function rather than a typical landscaped berm. The design requires the channel work proposed to remove the debris that has accumulated over the last decade. B. Project Area Description The Warren Creek LLC property is a 5.178 acre parcel of land located east if the Roaring Fork River approximately 2.5 miles upstream (SE) of downtown, Aspen, Colorado (Figure 1). The property is located at approximately 8,100 feet above mean sea level within a montane forested community. The property contains a single family residence, constructed in 1964, a man made pond constructed in the same time frame as the home, a gravel driveway, landscaping around the home and native habitats. Prior to recent flow events, the ditch that provides the Warren Creek Project Parcel ID # 2737-204-00-041 water supply to the pond, and its diversion structure on Warren Creek would have been visible and recognizable as such. The property is bounded on the east by State Highway 82, on the north by the Stella Polare LLC property, on the west by an ACES property and on the south by the Fall Line LLC property. The project area is native habitat including both a mixed coniferous forest of lodgepole pine (Pinus contorta), Engelmann spruce (Picea engelmanni), blue spruce (Picea pungens), and aspen (Populus tremuloides). The understory is a dense shrub layer of serviceberry (Amelanchier alnifolia) and aspen. The property also contains a riparian community along Warren Creek where the dominant species is narrowleaf cottonwood (Populus angustifolia) with willow (Salix monticola and Salix geyeriana) and sapling cottonwood in the understory. A portion of this riparian community between the creek and the house has been converted to a lawn area. Wetlands are also present on the site including a narrow riverine wetland along Warren Creek, a slope wetland west of the pond and northwest of Warren Creek, and a narrow lacustrine fringe around the pond shoreline (Hydrogeomorphic Classification System, Brinson et al 1995, Hauer et al 2002). The wetlands along Warren Creek include both an emergent system with sparse willow over story in the eastern portions of the activity envelope where the recent debris flow events changed the channel and a denser willow community in the western portion along the pond margin. Shrub species included the willow, Salix monticola, Salix geyeriana and Salix drummondiana, and bush honeysuckle (Lonicera involucrata). The slope wetland plant community varied by location: west of the pond is a dense stand of willows of the same species listed above and alder (Alnus tenuifolia) with an understory of beaked sedge (Carex utriculata), Canada reedgrass (Calamagrostis canadensis), and reed canary grass (Phalaris arundinacea). Although Warren Creek flows through the system, it appears the slope wetland system starts roughly even with the east end of the pond; wetlands upstream (east) of that point would be considered riverine. On July 28, 2009, Michael Claffey of CEC delineated wetlands within the project area. That delineation was surveyed by Sopris Engineering of Carbondale, Colorado. The surveyed wetland boundaries are depicted over the Pitkin County GIS Department orthophotograph on Figure 2. Based on iield observations and knowledge of the field indicators of wetland functions, the slope wetlands on the property and on the adjoining ACES property are high functioning wetlands. The riverine wetlands along Warren Creek are moderate to low at this point due to the recent deposition of gravel which has eliminated wetlands in some cases, and reduced functions in others. Much of the jurisdictional area shown on the attached figures east of the pond is open water channel and cobble as wetland vegetation is sparse. The lacustrine wetlands along the pond are manmade but appear to be performing functions at a moderate rate. C. Need for the Project The need for the project is primarily due to the fact that Warren Creek is a debris flow channel, the presence of a ditch on the property that used to feed the pond and an undersized culvert on Highway 82 where Warren Creek crosses onto the property. A debris flow is a moving mass of rock fragments, soil, and mud, with more than half of the particle size larger than sand size particles (Bates and Jackson 1984). Debris flows occur when large amounts of water saturate the Warren Creek Project Parcel ID # 2737-204-00-041 soils (L. Leopold et al 1995). Debris flow channels receive the discharge from these events and although all channels transport bedload or fluvial sediments; debris flow channels also convey the additional sediments (mud, gravels, cobble and organic matter) released by debris flows events occurring in the watershed where that materials reaches the channel. This is common in many mountain ranges, and in many cases provides an important source of sediment for larger order streams (Benda and Dunne 1997). Over the past few runoff events, Warren Creek has deposited gravel, cobble and finer sediment in such a fashion that the main channel of Warren Creek has risen in elevation and become choked with debris (Figure 2). The water supply ditch originally constructed to feed the pond has eroded and degraded considerably; and now, flows at high water travels down both the degraded ditch and the main channel. The diversion structure that formerly fed the ditch, located on the original channel of Warren Creek, is now covered with several feet of cobble and only the T-posts stakes are visible. The degraded ditch, which in its current state carries a majority of the creek flow at high water, is aligned directly at the pond. The land surface separating the ditch channel from the pond at the meander point where the ditch returns flow to the original Warren Creek channel was only a few inches above the water surface elevation in the late fall. During the spring runoff in 2008 and much of the summer, the ditch overflowed into the pond although sand bags were used in an attempt to return the flow to the creek and to prevent failure of the pond embankment. Since the main channel of Warren Creek is elevated above the ditch and surrounding landscape to the south, high water and over bank flooding is now directed away from its normal path and towards the pond on the Warren Creek property. The original path for overbank flows was the large wetland system northwest of the pond which occupies the debris flow fan of Warren Creek. The cobble deposits in the main channel now direct those flows into the pond; and, there is concern during a major event that the flow would extend towards and reach the home. Although the pond provides a relief valve for the home (not a desirable one as explained below), if several of the large cottonwoods fall and lodge within the flow path to the pond, floodwaters will be directed towards the home on the Warren Creek property as the cobble deposits in the main channel have formed a substantial barrier to lateral migration north. In 2008, Michael Claffey of CEC observed the flooding and gravel deposition on the debris fan of Warren Creek while taking photographs on June 3 for the river restoration project. The sound of the gravel and cobble moving in the channel led to an investigation away from the river, and he observed gravel being deposited in the wetlands on the fan from overbank flows. In 2008, we also observed that Warren Creek has developed several new channels on the fan on the ACES property since earlier investigations in the area. In 20Q9, Resource Engineering (RE) provided the owner with a more substantial sand bag protection design, which was implemented to protect both the pond and potential flooding of the residence. That design worked well but is obviously not a long term solution. Using the pond as a relief valve to protect the home is not desirable, as it is probable Warren Creek will be captured into the pond during the next substantial high flow event. When sufficient cobble builds up where the ditch flow and the original channel meet near the pond, and/or enough trees and or shrubs become lodge in this critical point, the channel will simply erode out the land separating Warren Creek Project Parcel ID # 2737-204-00-041 the ditch from the pond. Although this event cannot be guaranteed, it is highly likely based on observations in the field and the design team's knowledge of fluvial systems. The invert elevation of the pond is a much lower elevation than the ditch, and even that much lower than the original channel of Warren Creek, now elevated by cobble accumulation. Eventually, possibly during runoff in 2010, enough debris will accumulate in the original channel of Warren Creek, upstream of the pond where the ditch and Warren Creek split flows (Figure 2), such that all of the flow at high water will be within the degraded ditch. The ditch eroded downstream of the former diversion point now covered in cobble, and the ditch is now at a lower elevation than the main channel. It is a safe assumption that the ditch will eventually capture the entire flow of Warren Creek. Once the water supply ditch captures Warren Creek, the likelihood of capture into the pond becomes probable. Even if the erosion does not occur, a significant amount of water will enter the pond from overbank flows of the ditch. As described above, the buildup of cobble in the main channel has created a substantial berm to prevent overbank flows (flood flow) within the ditch from spreading north-northwest towards the wetland system it had originally reached. The ditch now exacerbates the problem of excess cobble and gravel deposition in Warren Creek. The ditch splits flow in Warren Creek, and now the channels ability to transport sediment is reduced. The Highway 82 culvert just upstream (150 feet) contributes to the current problems on the Warren Creek property. Anyone who drives Highway 82 during runoff knows the culvert is undersized as water often spills over the roadway during peak flows. The Colorado Department of Transportation (CDOT) attempted to rectify the situation in 2008 by replacing the culvert; unfortunately, due to underground utilities along Highway 82 on the east ROW, the culvert replaced was the same size as the original. This undersized culvert actually helps with a flooding situation on the Warren Creek property by sending water down the roadway to other areas, but that reduction in flows exacerbates the debris accumulation in the affected reach and may lead to some of the problems described above. By reducing the flow on the reach of stream on Warren Creek property, the undersized culvert has in effect reduced stream power, or the ability of Warren Creek to transport sediment and debris during the high flow events. The cobble and gravels may be depositing higher on the fan than would occur normally due the reduction of flow. The undersized culvert on Highway 82 has not created or caused the problem directly, as the property sits on a debris flow fan where deposition is to be expected; however, the loss of stream power may have influenced the recent deposition, and the presence of the water supply ditch has created a problem we propose to rectify. However, Whipple and Dunne (1992) described the formation of debris fans as low sediment concentration flows smoothing the surface of the lower fan while repeated deposition of high sediment concentration flows produce the rugged topography of the upper fan. Perhaps the project area is simply seeing a few years of high sediment concentration flows combined with the reduction in stream power created by the undersized culvert. Impacis to Aquatic Environment: The embankment for the pond will likely fail if the water supply ditch becomes the new channel of Warren Creek. The pond has two outlets: an old pipe with a control valve to regulate water levels, and an open channel (emergency spillway — approximately 2 feet wide) that connects back to Warren Creek. The open channel is heavily 4 Warren Creek Project Parcel ID # 2737-204-00-041 lined with willows. The control valve structure drains flow through a secondary channel which leads to the Fall Line property. The embanlcinent leaks heavily at the base as observed by flow along the toe of slope. The emergency spillway will not be able to handle all of the flow, and the embankment will start to overtop. The face of the embankment is steep on the west side of the pond. The embankment would fails in one of two ways: one would be complete saturation and major slump of the entire structure, much like a debris flow; or two, erosion of the face of the structure back in the pond due to the steepness and velocity of flow. This erosion could occur in more than one location. Although similar to the saturation slump, the failure could occur at the pipe through the embankment for the outlet structure. The pipe (1960's installation) will create a pathway for water to seep through the fill creating excessive saturation in one location. The result will be a collapse of the embankment and direct covering of the wetlands below the embankment with the material of the structure. Material from the embankment would wash into the wetlands for some unknown distance beyond the initial deposition. In addition, the fine sediments that have accumulated within the pond over the years would wash out into the wetlands creating additional resource degradation. The wetlands may trap much of the sediment before it reaches the Roaring Fork River, but it is unlikely all the sediment would be contained. Channels are present now to convey sediment to the river, and erosion may occur carrying not only pond sediments but sediment from the new channels. We cannot predict the extent of the damage (acreage) to wetlands and aquatic resources (sediment downstream) but the damage will occur, and repair would be both expensive and difficult requiring additional tempora.ry construction impacts to wetlands to complete the work. In addition to these direct impacts, the wetlands to the northwest on the fan would not receive the flux of high water they normally receive from Warren Creek. As slope wetlands, there main water supply is groundwater, however, the excess water from overbank flows is important in wetland functions for this system. Finally, if flows are concentrated at a new location on the riverbank where it returns to the Roaring Fork, we could see bank failure along the river, however, we believe this is not likely due to the well vegetated banks on the river below the pond. Another potential impact of embankment failure is the damage to the cabin on the Fall Line property which sits on the bank of the river. The ponds outlet structure leads to a small channel which flows directly towards the cabin. The channel turns north and enters the wetland prior to reaching the cabin, but if the failure occurs at the old outlet structure, a large voltune of water and, then the entire flow of Warren Creek at high water, would be directed at the cabin. Although this would obviously create property damage, it could create personal injury to anyone in the cabin at the time. Unlike a flood event where rising water can be observed and avoidance measures taken, this event would occur rapidly. Impacts to the aquatic environment would be realized if the cabin, and/or it contents were washed into the river (problem primarily chemicals as the structure could be removed somewhere downstream). The river would be at a fairly high stage at this time as well with very saturated soils where the cabin sits. Again, this scenario may or may not occur. If the failure extends into the wetland system, and does not occur at the outlet structure, the wetland could likely absorb much of the flow preventing the cha.nnelization. The cabin on Fall Line may be flooded but not affected by high velocity flows. Warren Creek Project Parcel ID # 2737-204-00-041 Impacts to property: The pond provides a valuable aquatic and aesthetic habitat on the property. If the embankment fails, work to restore the pond would be more extensive than the proposed action. If the pond does not fail early in the event, there could be flooding at the residence. The landscape on the property would be impacted by the channel change if Warren Creek is captured by the water supply ditch. Some of the cottonwood trees would likely be lost during the erosion process. The aforementioned affects to the wetlands on the ACES property would also affect the value of that property for the intent that ACES holds the property. The impacts to the cabin on the Fall Line property have been discussed above and the loss or damage to the cabin would affect the Fall Line property. The landscape on Fall Line would also be affected by sediment deposition if the pond fails. The Stella Polare property to the north may also be affected. During runoff in 2008, the house under construction was flooded, around June 18. During the first few days of June 2003, the Warren Creek LLC property received flooding and work by the resident at that time preserved the pond. During this same 2003 flood event, the house that was formerly on the Stella Polare property was flooded and both the structure and the landscape received damage. Other neighbors were flooded as well in 2003, and some complained the flooding was caused by the removal of the dams at Warren Lakes in 1999 and 2000 (Aspen Daily News 6/28/03). The dam on the first lake was removed by order of the State Engineers office for safety concerns on dam failure; and, a substantial wetland restoration project, including a fen restoration, was completed by the Forest Service and ACES. According to the State Engineers Office, removal of the failing dam would prevent the potential for a catastrophic flood event to the residents, as well as loss of Highway 82. The fen restoration replaced the peat back into the system allowing for retention of water and the slow releases of the storage that support base flow. However, the removal of the artificial storage has returned the watershed to closer to a natural hydrograph. This could explain the additional mobilization of sediment and deposition of that sediment on the Warren Creek LLC property in the last decade. D. Project Description Resource Engineering (RE) designed the project. Claffey of CEC and Matt Weaver of Five Rivers provided input to the design. RE's design drawings are attached. The contractor would install any erosion control measures required by the County Earth Moving Permit (submitted under separate cover). Equipment used would be small to mid-sized tracked excavator, front-end loader, trucks to haul in topsoil and suitable fill, and a compactor for the dam reworking. Channel work: The original channel of Warren Creek would be excavated as shown on Sheet 7 of the RE plans to remove excess debris and create the original channel capacity. The RE cross- sections (Sheet 3) show a channel cross-section to depict depth and overall width needed. The project would create a natural channel with varying widths and depths while still maintain capacity. For the channel reach upstream of the pond, this work is within the actual channel which is primarily cobble and no wetland vegetation would be disturbed. We would plant willow and alder shrubs (quarts and gallons) in this reach to replace the woody vegetation eliminated by the debris deposition. A minor amount of topsoil would be spread on the edge of Warren Creek Project Parcel ID # 2737-204-00-041 the channel and in any disturbed area if needed, and the area seeded with a native riparian seed mix. The excavation channel work including the area for the emergency spillway would occur in 0.041 acre of waters and wetlands. The entire area would be restored to waters and wetlands. The old diversion structure will be removed and a new inlet grate will be installed at a new location approximately 45' downstream of the old structure (see RE plans). Fill in the water supply ditch and adjacent areas: As shown on Sheet 7 of the RE design plans, the water supply ditch would be filled to eliminate this flow path for Warren Creek. Material excavated from the debris accumulation would be placed in the channel, compacted and covered with topsoil. If additional material is required, a clean pit run would be delivered to the site. As shown by the grading lines on the RE plans, the fill extends out into uplands. The cross-sections on the RE plans depict the fill sloping on the south side to protect trees. The Activity Envelope/Site Plan depicts an extension of the grading termed "match grading". The match grading would extend the slope out to match existing grade wherever possible while still protecting trees. The area filled contains cottonwoods with bluegrass (Poa pratense) and orchard grass (Dacrylus glomerata) as the ground cover. The match grading will blend the fill to existing grade to create a natural landform rather than a berm. The topsoil would be seeded with a native seed mix suitable for riparian areas within the water supply ditch and a within the area south of the ditch. The areas would be planted with riparian shrubs and cottonwood saplings. The goal would be to replace the eroded water supply ditch and lawn with a native riparian community. The change in elevation would be to raise most of the area approximately 1 foot with the exception of the area near the confluence of the ditch and Warren Creek (RE Sheets 2 and 3) where the elevation is raised 2 to 2.5 feet to keep high flows in Warren Creek. The area between Warren Creek and the ditch would be left undisturbed. This area will provide additional flood flow capacity for major events. The contractor would blend the fill work area to appear as a natural landscape, and once the vegetation becomes established, the area will resemble the natural riparian and upland habitats that existed prior to development. The riparian area restored is 0.039 acre. Re-enforcement of the pond embankments: RE has determined the pond embankment needs work to maintain the structure. The embankment leaks and on the north side it does not have sufficient freeboard above high flows in Warren Creek. On the west edge along the ACES property boundary, the original plans called for a iill on the face of the dam which would have required fill in the wetlands on ACES. We modified the plans for this work by re-enforcing the dam on the water edge side of the pond. The pond would be drained to the extent possible with the existing outlet structure prior to work. A heavy clay material would be delivered to the site and placed along the locations shown in Sheet 7 of the RE plans. This material would be compacted. The pond has a cobble bottom so equipment access to these locations would be across the dewatered pond. The fill placement on the north side of the dam is on the face of the dam and would impact riverine wetlands adjacent to Warren Creek. The fill placement on the west side of the dam would impact lacustrine wetlands adjacent to the pond. Warren Creek Project Parcel ID # 2737-204-00-041 The total impact to wetlands and waters from fill to eliminate the water supply ditch and repair the pond embankments is 0.062 acre of which half of that total is at the water supply ditch. The majority of the ditch is cobble and open water but we propose to mitigate for the entire area as a wetland impact. Outlet Structure: The existing outlet structure would be replaced with a new pipe and Agri- Drain control box that is placed on the top of the dam (Sheet 4 of the RE plans). This work requires temporary impacts in wetlands on the face of the dam to install the new pipe. The wetland soils would be excavated, stockpiled and replaced. The area would be seeded with a native wetland mix and planted with nursery stock willows. The area to be disturbed is primarily reed canary grass. Work on the outlet structure would temporarily impact 0.003 acre of wetlands, which would be restored upon project completion. Emergency spillway: The existing spillway would be replaced with a concrete collar at the outlet and riprap as shown on the Site Plan. The location uses the upland area of the existing dam, and excavation work in wetlands as shown on the Site Plan and Sheet 7 of the RE Plans. The emergency spillway permanently impacts 0.002 acre of wetlands. The project proposes to mitigate the loss of 0.064 acre of permanent wetland impact by purchasing credits at a 1.5 ratio at the Windstar Mitigation Bank in Pitkin County. Warren Creek LLC will purchase a credit at the bank for 0.10 acre. II. Background on Prior Approvals A. Pitkin County: A building permit was issued to Peter and Barbara Guy to construct the single family residence and associated infrastructure in 1964. B. Water Rights: A letter from Mark Hamilton of Holland and Hart LLP on the water rights for the parcel is attached. III. Compliance with the Pitkin County Code Sections This section addresses how the proposed project complies with the Pitkin County Code Sections enumerated in the Pre-Application Conference Suinmary provided by Mr. Michael Kraemer of the Pitkin County Community Development Department. Sec. 2-30-20(g): Activi Envelope Criteria for Approval (2) Site Plan: We believe the discussion below will demonstrate the project complies with all applicable provisions of the Pitkin County Land Use Code and also complies with all prior development approvals for the property. We are requesting an Activity Envelope as part of this application pursuant to Section 7-10-50. The project by its nature must occur in Constrained Areas, the channel and riparian habitats associated with Warren Creek. (3) Activity Envelope: We address Sec. 7-10-50 below. We are applying for Site Plan Review. The project does not involve the construction of a house and/or the use of TDRs. The project by 0 Warren Creek Project Parcel ID # 2737-204-00-041 its nature must occur in Constrained Areas, the channel and riparian habitats associated with Warren Creek. Sec. 7-10-50: Activitv Envelope/Site Plan The activity envelope was developed in accordance with Sections (a)-(g) as well as the • remaining portions of Chapter 7. The entire project occurs within Constrained Areas specifically: (iii) water courses, (iv) floodplain hazard areas, (viii) river and stream corridors and wetlands. Much of the Activity Envelope would be classified as riparian habitat with the exception of the driveway access and the staging area as well as a small upland habitat near the staging area. This project involves stream restoration and pond maintenance, and there involves work within Constrained Areas. The project also occurs within a geologic hazard area (v), an alluvial fan, more specifically a debris flow fan. The project proposes to mitigate the effects of the property location on a debris flow fan by restoring the stream channel and maintaining the pond's dam, thus the Activity Envelope could not avoid the geologic hazard Constrained Area. The work will occur only within the Activity Envelope, and the Activity Envelope has been limited to the areas where work will occur or access to the site is needed. The 404 permits from the Corps necessary to complete the job will be obtained in the near future. All grading and earthwork will occur inside the activity envelope (d). The natural grade, topography, and vegetation outside of the deiined areas of the Activity Envelope will not be disturbed (e). The boundaries of the Activity Envelope will be identified with construction fencing and will remain there until the work is completed (e). Sec. 7-20-10: Site Preparation and Grading Project will comply with Section (a)-(d). (a) All grading and fill activities will only occur within the defined Activity Envelope; and, all grading and fill proposed are depicted on the site plan regardless of cubic yard limits. The cross hatched area depicts the limits of grading but in some locations (designated) this would be equipment access only and involves temporary impacts. (b) The only the necessary clearing or grubbing of vegetation that will occur within the Activity Envelope is that required to implement the engineered design plans, and those activities will only occur within the defined Activity Envelope. We have requested modifications of the design plans from RE to reduce impacts to wetlands, and those impacts have been reduced to the maximum extent practicable while still allowing for the design to function. Section 7-20-130 is addressed below. (c) Trees six inch DBH or larger will be removed only where absolutely necessary for construction access. Trees six inch DBH or larger in diameter that are removed will be replaced with one or more trees of the maximum size practicable to replace the basal area. We propose additional riparian plantings other than those required to meet this requirement, and expect to complete the project without removing any trees over 12 inch DBH. We will identify trees over Warren Creek Project Parcel ID # 2737-204-00-041 6 inch DBH that would be removed for equipment access prior to project implementation and review that plan with County staff through the Earth Moving Permit review process. All revegetation efforts will comply with the Pitkin County Revegetation Guidelines, and we will wark with County staff on species selection and stocking density. (d) Protection of Natural Terrain: The design team has worked to develop the project with the protection and restoration of natural terrain as a major factor on all aspects. We wi11 work with County staff on items 1-5 of this section to improve on that design. (1) Revegetation: All disturbed areas will be reseeded with a native seed mix (see below). In the lawn area we will replace non native grass species with native grasses. In all other riparian areas the native species present in the habitats on site will be either seeded or planted. The revegetation will be completed during the first planting season and will be similar to that removed within two years. (2) Topsoil: Where possible we will sort and stockpile topsoil for use on the project reclamation. However, it is anticipated that additional topsoil would be delivered to the site for the restoration of the riparian habitats within the ditch area filled and for the graded areas. (3) Weed Prevention: The first step in weed prevention would be the establishment of desirable native species through planting adequate or excessive pounds of native seed mix. We will generally use between 25 to 301bs per acre depending on the species mix. As needed weeding of undesirable species will be done by hand and/or the application of an herbicide if needed. Noxious weeds will be controlled. (4) N/A (5) Erosion, Sedimentation and Stormwater Management: RE designed the project to mitigate the effects of a major erosion event, notably the capture of the Warren Creek flow within the water supply ditch. The proj ect complies with Items (a) 1-4, and the purpose of the project is to implement item (a) 4. The project will preserve natural vegetation within buffers to the maximum extent possible, and restore riparian habitat adjacent to Warren Creek. The project will comply with (b) by maintaining any mitigation measures developed under an approved erosion, sedimentation or storm water management plan until revegetation is viable. BMP's will be utilized for stormwater pollution prevention including structural and non- structural BMPs for erosion and sediment control. The cuts and fills along the stream bank will be designed and vegetated to minimize erosion. Natural drainage patterns of Warren Creek will be preserved (restored in much of the project area) along with the restoration of native vegetation along the stream banks in the degraded sections. Although the project proposes work within the channel of Warren Creek, sediment releases to Warren Creek downstream of the work area and the Roaring Fork River can be minimized. Prior to work in the channel, the contractor will divert flow to the water supply ditch allowing the restoration work in the channel to occur in the dry. Once the channel restoration work is complete, the contractor will divert flows to the restored channel, iill the water supply ditch and 10 Warren Creek Project ParcellD # 2737-204-00-041 complete the riparian habitat restoration. The contractor would drain the pond prior to work on the embankment. Sec. 7-20-20: Steep and Potentiallv Unstable Slopes There are not any steep slopes or potentially unstable slopes along Warren Creek. The only steep slope will be located on the pond embankment, which will be graded to a 2.5-1 slope. The grade does not exceed the maximum limit of fifty percent and will be graded so as to minimize negative and aesthetic impacts on the natural landscape. The natural grade will not be raised or lowered more than 4 feet. Sec. 7-20-30: Water Courses and DrainaQe Sections (a) and (b) are understood. (c) Drainage: The work proposed will change current drainage patterns of Warren Creek to restore flows to the natural channel. The project will involve restoring Warren Creek to a more stable state and eliminating the water supply ditch which is severely eroded. The stream improvements and other elements of the project will prevent property damage from flooding. Runoff patterns in the project area would be altered and the channel restoration is designed to accept runoff. The project does not involve development that would increase runoff volumes, as native habitats would be restored allowing for ground infiltration and the preservation of natural swales to convey flood flows are included in the design. The project has been designed by a professional engineer licensed in the State of Colorado. Groundwater, Irrigated Areas, and Irrigation Ditches will not be affected by this project (d-�. (d) Sedimentation: Items 1-4. As described above, work will be completed to minimize sedimentation by temporarily rerouting flows to the water supply ditch. Erosion and sediment control BMPs will be used to minimize the amount of soil transported through Warren Creek from areas disturbed as a result of construction activities. Disturbed areas will be revegetated as soon as feasible during the same growing season as construction. (h) Water Quality: (1) Work on the project will be conducted within the setbacks found in 70- 20-80 as the project involves stream restoration. (2) An application has been submitted to obtain the federal permit required by the Corps. (3) None of the work proposed would change the stream classification. In addition, the contractor specializes in aquatic restoration work and maintains the heavy equipment on a more rigorous schedule than is typical to prevent leaks and equipment failures that could affect the aquatic ecosystem. The contractor also keeps containment devices (booms) at the job site in the unlikely event of a fuel leak. In addition, fuel will be stored away from the stream and within a secondary container to minimize the risk of a spill, and all fueling will be completed in the staging area away from the creek and wetlands. (i) Efficient Water Use: Elimination of the water supply ditch will preserve water by eliminating a very minor amount of evaporative loss. 11 Warren Creek Project Parcel ID # 2737-204-00-041 Sec. 7-20-80: River and Stream Corridors and Wetlands & BOCC Ordinance 24-2008 (a) Riparian and Wetland Areas Buffers (1) Protected Features: The Site Plan/Activity Envelop displays the streams, wetlands and riparian areas identified in items a-c. The wetlands within the Activity Envelop were delineated by Claffey and surveyed by Sopris Engineering. All waters and wetlands are considered jurisdictional waters of the United States; there are no isolated waters or wetlands within the Activity Envelope. The majority of the Activity Envelope is riparian habitat although portions of that habitat were disturbed during the original development of the property in 1964, and more recently by the erosion and gravel deposition which took place during high flow events. (2) Minimum Setbacks: The project cannot avoid a11 the buffers to the Protected Features as the project involves restoration of the creek channel, elimination of a water supply ditch and the restoration of riparian habitats within the reclaimed ditch, and the mitigation of a geologic hazard. The work within the pond to maintain the embanknients would not only allows for the maintenance of an existing aquatic feature but prevents degradation of wetlands and the aquatic ecosystem if the pond fails. (a-c) The project must occur within the channel of Warren Creek to affect successful completion and protection of property values and aquatic resources. Work also occurs in wetlands, and the minimum setbacks as shown on the Site Plan/Activity Envelope. As explained above, the channel of Warren Creek and the water supply ditch have been severely degraded due to cobble and gravel deposition in the main channel and subsequent erosion in the water supply ditch. These channels have very little resource value (fishery and macroinvertebrates), and the channel of Warren Creek is not able to perform its function of sediment transport. The setbacks within 100 feet of Warren Creek and the pond outside of the work area shown will be left undisturbed and all disturbances within the setbacks, with the exception of the area where work is performed on the embanlcments, would be restored to a native riparian habitat. The setbacks within the embankment work area would be seeded with a native seed mix but would not be planted with shrubs or trees to maintain integrity of the embankment. (3) Additional Setbacks: As discussed above, the project cannot be implemented without work in the setbacks, the channel, wetlands and riparian areas. Expansion of the buffer would not be possible with the proposed design, and the site specific factors below are addressed by the nature of project proposed. (a) Site Specific Factors 1. No slopes over 30% present. 2. Unstable streambanks are present and the purpose of the project is to restore stable streambanks. 3. The use of the property will remain the same, and one of the benefits of the project is the protection of wetlands on the ACES property. 12 Warren Creek Project Parcel ID # 2737-204-00-041 4. The purpose of the project is to reduce impacts of flooding. 5. Riparian trees and shrubs have been removed from the streambank in the upper sections of Warren Creek by the debris accumulation of recent events. 6. Habitat for federally listed species is not present in the project area and off site habitat will not be affected by the project. 7. We are not aware of any use of the project area by state listed species. Since the project involves habitat restoration and protection of the wetland system on the ACES property, the future use of these habitats by state listed species would be preserved. 8. The purpose of the project is to prevent flood damage to both the Warren Creek property and properties and habitats to the west. 9. Warren Creek does not appear to be a spawning channel due to the inherent instability of the substrate; however, the Roaring Fork River below the confluence was used for spawning in the fa11 of 2009 after the East of Aspen Restoration project was implemented (Claffey-personal observation). Failure to implement the proposed project could result in sedimentation disturbing spawning gravels in the river if the dam fails. The proposed work would not impact spawning in the river due to the ability to route flows away from work areas as described above. 10. N/A (b) General Standards (1) The project cannot avoid setbacks as described above, and an exception under subsection c is requested. (2) Not applicable unless the project is denied. An appeal under the appropriate sections would be considered at that time. (c) Exceptions — We believe an exception under both Subsection c(1) and (2) is warranted. (1) The project involves maintenance of a water diversion facility and its appurtenant outlet structures, the pond diversion and outlet works, and a flood control structure. The flood control structure in this case is not an engineered structure but an engineer design project that reduces flood damage while restoring a natural stream channel and riparian habitats. This section requires a demonstration that no feasible alternative location exists for the proposed action, and that the impacts are adequately mitigated as required under subsection d. Due to the nature of the riparian habitats on the property, any effective alternative would require impacts in the setback areas. 13 Warren Creek Project Parcel ID # 2737-204-00-041 Alternatives to consider would be construction of a larger debris flow or flood berm on the property between Warren Creek and the house, without the proposed channel work. The berm would wrap around the home to include construction of a berm between the pond and the house. The berm could avoid the 50 foot minimum setback from Warren Creek on the north side of the house but would be within a few feet of the pond and adjacent wetlands. The berm would not be able to be outside of the required 100 foot setback requiring demonstration of the setback allowance of less than 100 feet would not result in water quality degradation, streambank erosion and/or a reduction in the quality of riparian or wetland habitat (Section 7-20-80 (2) (a)). We would not be able to make that demonstration on the lack resource impacts. The berm could be engineered to protect the house, but the capture of Warren Creek by the water supply ditch would occur and the pond embankment would likely fail, resulting in the water quality impacts above in wetlands and in the Roaring Fork River as discussed above. Streambank erosion in the remaining sections of Warren Creek that are not already eroded would occur. On the northeast end of the berm an area of mature cottonwoods would need to be removed to construct the berm which would degrade riparian habitat to a greater extent than the proposed project. Another alternative would extend the berm between the creek and the pond in an effort to protect the pond and reduce the likelihood of embankment failure. Wetland impacts would be required and the 50 foot setback from Warren Creek could not be established. The resource impact identified in 7-20-80(2) (a) would occur with this alternative as bank erosion within Warren Creek would continue and riparian habitat would be degraded by both the berm and the continued erosion of Warren Creek. The berms in these alternatives would be engineered berms at a higher elevation due to the lack of channel work. The berms would not restore riparian habitat like the landform designed in the proposed action which will function as a berm but appear natural. (2) The project involves bank stabilization and riparian restoration. The channel work and grading to replace the water supply ditch with riparian habitat would be considered both bank restoration and riparian restoration. The work on the pond embankment attempts to stabilize this feature to prevent further degradation and eventual failure. Failure would create impacts to Warren Creek and the Roaring Fark River as well as wetlands adjacent to both the creek and the river. (d) Mitigation Standards: The restoration is in accordance with the Pitkin County Revegetation Guide, and we look forward to working with Pitkin County staff and the US Army Corps of Engineers on any suggestions to refine the plan. (1-3) N/A (4) The project attempts to reduce sedimentation and erosion. Specific construction methods described above will reduce construction related sedimentation. (5) The project complies with 7-20-30 as described above, but requests an exemption for the setbacks under 7-20-80 c(1) and (2). (6) We avoid disturbance of vegetation within the buffers to the maximum extent practicable while still allowing completion of the design. 14 Warren Creek Project Parcel ID # 2737-204-00-041 (7) Disturbances within the riparian and wetland buffer will be revegetated as part of the project within the same construction period. (8) The purpose of the project is to restore the stream channel and remove excess sediment deposition. Channelization is permitted under 7-20-50 Geologic Hazards, (d) Alluvial Fans. Ordinance 24-2008 also addresses the type of channel work proposed. We do not propose channelization but channel restoration work to create a more sta.ble stream channel. (9-10) N/A (11) Stream channel changes are proposed and these types of changes are addressed by Ordinance 24-2008, and actually required under 7-20-50 (d) (2) in Geologic Hazard areas. 12) N/A BOCC Ordinance 24-2008 This ordinance established a review procedure for beneficial in-channel stream restoration projects and to allow minor expansions of non-conforming structures within the100 feet setback of a stream or creek. Ordinance 24-2008 amended the 2006 Pitkin County Land Use Code to allow beneficial stream restoration projects. We believe that the in-channel work proposed is beneficial to the aquatic ecosystem in the project area and that this application addresses relevant sections of the ordinance. Section 7-20-40(c) (2): Floodplain Hazards — Use Permitted: Identzfied and approved�ublic and private recreational uses are permitted in the floodplain only if the approved uses do not cause a concentration of people in such areas during high fiood hazard probability. Any structures associated with such uses shall be subject to the provisions of subsection (b) above. The proposed project would not cause a concentration of people in a flood hazard area during high flood probability. The property is private land. Terrestrial and aquatic habitat restoratzon activities shall also be an allowed use in the floodplain, provided that the BOCC makes a finding that the restoration project has been designed for the purpose of restoring, or preventing further degradation of the natural, dynamic functions of the river, stream, or other body of water; The project has been designed to restore and prevent further degradation of Warren Creek, the pond, and adjacent wetlands. As explained above, without project implementation the likelihood of degradation of the wetlands and the Roaring Fork River increases each year with each depositional event. The dynamic functions of sediment transport in Warren Creek will be maintained. 15 Warren Creek Project Parcel ID # 2737-204-00-041 The applicant shall be required to provide su�'ficient scienti ac information to establish both the existence o�pre-restoration degradation and the scope and desirabilitv o the post-restoration improvements. Acceptable scienti ic information may include, but is not limited to information on channel h dy rology, site e�morpholo�v, streambed characteristics macroinvertebrate populations, and tsh populations. Applicant must also demonstrate that the scientific information provided has been generated bv an individual�) or le ag l entit�(ies) pualified to render an assessment in all pertinent subject areas. This demonstration may be provided in the orm of a curriculum vitae (CV) for an individual a companv resume of pro'ec� t experience, personnel certifications and licenses, etc, or anv other manner reasonable under the circumstances. The problems identified and the need for restoration has been reviewed by Resource Engineering (RE), a iirm of engineers and hydrologists. The lead designer for the project with RE was Mr. Michael Erion, a professional engineer. The project area has also been reviewed and assessed by Mr. Mathew Weaver of Five Rivers, Inc. Mr. Weaver is a geologist by training and his expertise over the last 25 years is the field of fluvial geomorphology, all relevant to this project. Mr. Michael Claffey of Claffey Ecological Consulting has provided expertise on wetlands, riparian habitats and the avoidance of impacts and restoration of those habitats. Resumes are attached. Sec. 7-20-130: Landscaping and Vegetation Protection (a) Purpose: The project proposes the use of native plant materials only. The project area is already screened from Highway 82 and adjacent properties by dense vegetation. The proposed revegetation would not compromise the rural character of the County. (b) General Provisions: The project complies with items 1-3, and will confortn to item 7 if financial assurances are required. The project will comply with Item 8. Items 4-6 are not applicable. The project will remove natural vegetation only where necessary. Trees will be maintained to the m�imum extent practicable and trees are cut only in locations where equipment access is required. (c) Required Landscaping in Rural Areas: The project will comply with item 1 and 2. The project proposes to revegetate disturbed areas with native species indigenous to the project area, and those species will be planted in natural groupings. IV. Revegetation Plan We have reviewed the Pitkin County Revegetation Guide for in the preparation of this plan and we have successfully completed native revegetation efforts on other projects in the Rocky Mountain region. The plan below is in addition to the replacement of any trees removed for equipment access. Species and or percentages can be modified during the Earth Moving Permit review process in coordination with Pitkin County staff. 16 Warren Creek Project Parcel ID # 2737-204-00-041 1) Landform Area/Riparian Habitat: This list of species applies to the water supply ditch area and the adjacent area south of the ditch filled, and the match grade area. The area is covered with topsoil prior to revegetation and the soil is raked prior to seeding. Seed Mix Slender Wheat Grass (Elymus trachycaulus) — 20% Western Wheatgrass (Pascopyrum smithii) — 20% Mountain Brome (Bromus marginatus)-20% Tufted hairgrass (Deschampsia cespitosa) — 10% Fringed brome (Bromus ciliata) — 10% (We will attempt to use the varieties recommended in the Revegetation Plan but will make a final decision based on recommendations from Western Native Seed and availability) Shrubs �ecies Size Number Location Serviceberry (Amelanchier alnifolia) #5 10 Upper elevations Serviceberry (Amelanchier alnifolia) #1 20 Upper elevations Serviceberry (Amelanchier alnifolia) quarts 100 Upper elevations Chokecherry (Prunus virginiana) Prickly currant (Ribes lacustre) Woods rose (Rosa woodsii) Geyer's willow (Salix geyeriana) Mountain willow (Salix monticola) Trees Cottonwood (Populus angustifolia) Cottonwood (Populus angustifolia) Aspen (Populus tremuloides) #1 25 #1 25 #1 25 quarts quarts #5 1-2 " 1-2 " 25 25 Upper elevations Mid to low elevations Mid to low elevations Low elevations-north edge Low elevations —north edge 15 Mid to lower elevations 10 Mid to lower elevations 15 Mid to upper elevations 2) Warren Creek —Upper Section: This species list applies the area of Warren Creek where the cobble is removed to the original channel elevation and channel restoration is completed. Wetlands and riparian habitats would be established adjacent to the restored channel. Seed Mix 17 _ ....�... ...�.... _ Warren Creek Project Parcel ID # 2737-204-00-041 Wetland mar�in on channel Tufted hairgrass (Deschampsia cespitosa) — 40% Canada reedgrass (Calamagrostis canadensis) — 20% Fowl blue grass (Poa palustris) — 10 % Tall mannagrass (Glyceria elata) — 10% Spikerush (Eleocharis palustris) — 20% Ri arian Fringed brome (Bromus ciliata) — 30% Western Wheatgrass (Pascopyrum smithii) -30% Mountain brome (Bromus marginatus) — 20% Tufted hairgrass (Deschampsia cespitosa) — 20% Shrubs Species Size Number Location Drummond willow (Salix drummondiana) #1 10 Wetland/Riparian Drummond willow (Salix drummondiana) quarts 50 Wetland/Riparian Mountain willow (Salix monticola) #1 10 WetlandlRipaxian Mountain willow (Salix monticola) quarts 50 WetlandlRiparian Alder (Alnus tenuifolia) #1 15 Wetland 3) Embankment Repair Areas, Graded Areas and Temporary Impact Area: The embankment repair areas are north and west of the pond where fill is added to the pond darn to stabilize the structure. The graded areas are shown as horizontal crosshatch on the Site Plan, and are primarily equipment access. Disturbed areas would be reseeded. The temporary impact area is the outlet structure repair. Seed Mix General Slender Wheat Grass (Elymus trachycaulus) — 25% Western Wheatgrass (Pascopyrum smithii) — 25% Mountain Brome (Bromus marginatus)-25% Fringed brome (Bromus ciliata) — 15% Pond Edge — water ed�e of embankment work on west edge of pond, and temporary impacts Tall mannagrass (Glyceria elata) — 10% Tufted hairgrass (Deschampsia cespitosa) — 30% Fowl bluegrass (Poa palustris) — 20% Spikerush (Eleocharis palustris) — 20% 15 containerized willows of Salix monticola and Salix drummondiana (#1's) would be planted in the temporary impact area for the outlet structure. 18 . weil+ iwl�I�MMII�YI�MI � =.a......< � ... :..... _ . . ... ..... Warren Creek Project Parcel ID # 2737-204-00-041 4) Excavated Wetlands at Emergency Spillway: This is the area excavated at the ponds NW edge to place the emergency spillway. Willows will be excavated carefully, stored in the wet mud of the adjacent drained pond for transplanting, and planted when the spillway construction is complete. Spillway construction should be short, so the time the willows are out of the ground would be a short period (1 day). If any willows are damaged during excavation, they would be replaced with nursery stock. Topsoil would also be removed and replaced upon completion. Seed Mix Tufted hairgrass (Deschampsia cespitosa) — 40% Canada reedgrass (Calamagrostis canadensis) — 20% Fowl blue grass (Poa palustris) — 10 % Tall mannagrass (Glyceria elata) — 10% Spikerush (Eleocharis palustris) — 20% All top soiled areas would be covered with an erosion control fabric (North American Green SC150BN). This fabric is an extended term straw and coconut blanket, and is bio- net. The fabrics will biodegrade in 18 months. V. Conclusion The proposed project attempts to protect the house, pond and adjacent wetlands from an eventual flood event that would breach the pond embanlcinent. Such a flood event would be caused by the excess debris accumulation in Warren Creek which will direct all flow into the eroded water supply ditch and into the pond. The project complies with the appropriate Pitkin County Land Use Codes as explained above, and the Geologic Hazard section of the code requires mitigation efforts of the type proposed. The project will restore the channel of Warren Creek, and restore ripaxian habitat on site. Wetland impacts would be mitigated by purchasing credits at a mitigation bank in Pitkin County. 19 Warren Creek Project Parcel ID # 2737-204-00-041 References Bates, R. and J. Jackson. 1984. Dictionary of Geological Terms, Third Edition, Prepared by the American Geologic Institute. 571 pp. Benda, L. and T. Dunne. 1997. Stochastic forcing of sediment supply to channel networks from landsliding and debris flow. Water Resources Research, Vol. 33, No. 12, Pages 2849-2863. December 1997. Brinson, M. M., Hauer, F. R., Lee, L. C., Nutter, W. L., Rheinhardt, R. D., Smith, R. D., and Whigham, D. (1995). "A guidebook for application of hydrogeomorphic assessments to riverine wetlands," Technical Report WRP-DE-1 l, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. Hauer, F. R., Cook, B. J., Gilbert, M. C., Clairain, E. J., Jr., and Smith, R. D. (2002). "A regional guidebook for applying the hydrogeomorphic approach to assessing wetland functions of riverine floodplains in the northern Rocky Mountains," ERDC/EL TR-02-21, U.S. Army Engineer Research and Development Center, Vicksburg, MS Leopold, L., M. G. Wolman and J.P. Miller. 1995. Fluvial Processes in Geomorphology. Dover Publications, Inc. New York. 522 pp. Whipple, K. and T. Dunne. 1992. The influence of debris flow rheology on fan morphology, Owens Valley, California. Geologic Society of America Bulletin, July 1992, v. 104, no. 7, p. 887-900. 20 �; . ,: .. ., �. � . �� . � � �b � ��E � f s ��W �9,�' ` �'� �� , u � : � , ,. ,�, � � :. , - ,,. � > �w � _, : � ;� , : Y � � � µ r Y� �' ,�" a •P� ' i.� � , � . ti �'.� k . � �, �� . ti e �� pflM��. . � - . . � WmY6 � �• `` � .� �.i ��d � t .` � � . , � .. . •�:� � � ' .. �zr K � . i_ ti� ;Et�F+i ... �., � ,�, A . ,.��,_,.. �, : �� .: � � . h Y, y �xEr� } � � � � � � F � r4 �= �* . � F � r'�, � .. , '' ,�✓ .� .'G . }� �i,"' „ .C� +h' � . 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US Army Corps of Engineers Permits Attached is the cover letter we submitted with the application for verification of nationwide general permit verifcation for the project. We have provided a copy of the application to Community Development, and will provide the permit from the Corps upon receipt. Claffey Ecological Consulting, Inc. Wetlands-Streams-Wildlife-404 Permitting-NEPA-GPS/GIS 15 Years of Corps Regulating Ex�ierience March 29, 2010 Mr. Nick Mezei US Army Corps of Engineers, Sacramento District Western Colorado Regulatory Branch 400 Rood Avenue, Room 142 Grand Junction, Colorado 81501 Dear Nick: I am writing to request nationwide general permit 13 verification for the Warren Creek Project, located in Pitkin County, Colorado. The project involves the stabilization of Warren Creek, a debris flow channel, and stabilization of an existing embankment of a pond adjacent to Warren Creek. The purpose of the project is to prevent flooding and damage to the Warren Creek LLC property which includes a house and the pond, as well as preventing damage to wetlands on the property and adjoining properties. I reviewed this project with you previously, and after conferring with the Branch Chief, you indicated the project could be authorized through nationwide general permit 13 with the appropriate pre-construction notification and mitigation. Portions of the work may also qualify for authorization under nationwide general permit 3 for maintenance of existing structures or fills. We have also submitted an application to Pitkin County for Site Plan and Activity Envelope review under the Pitkin County Land Use and Development Code. The application is attached. We propose to mitigate at the Windstar Wetland Mitigation Bank in Pitkin County. The project includes wetland and riparian area restoration and a revegetation plan is included in the application. If you have any questions, please contact me at the number below or by cell phone (970) 640-3783. Sincerely, Michael Claffey Claffey Ecological Consulting, Inc. Copies Furnished Warren Creek LLC Pitkin County Community Development \ / � ,� � � � � ��'�:�� 1371 17 Road • Fruita, Colorado 81521 ``�� ` 970-858-1670 • 970-640-3783 Cell - � - _--- - Warren Creek Project PID # 2737-204-00-041 ITEM 5. PROOF OF OWNERSHIP r C� � .g � � c�-� .:. "°1 � :✓a GEI�tERAL WARRANTY DEED � ,� �t { Sa k.r�ow rti o► s 1�' -A-f'..� r C�.�'�-� PETER N. GUY �nd BARBA�tA B. GUY, ("Grantors"), for Ten Dotlars ($10.00) and ather good and valuable cansideration, the receipt aad sufficiency of which is hereby acknowledged, hereby sell and caavey to WARREN CREEK, LLC, a Texas limited liahitity company ("Grantee"}, whose address is 20I Main Street, Suite 2600, Fort Worth, Texas 76102, the property tacated in the County of Pitkin, State af Colorado, more particularIy described on Exhibit "A" •attached hereto, aiso known as: 50 Warren Creek Lane, Aspen, CO $1611 With atl its appurtenances, and warrant the titte to the same, except for and subject to those items set forth on Exhibit "B" attached hereta and made a part hereof by this reference. Signed this ��day of January, 2002. Peter N. Guy COUNTY OF PITKIN STATE OF COLORADO ) ) ss. ) � Sarbara B. Guy �h The foregaing instrument was acknowledged before me t�iis �' day af 7anuary, 2002, by Peter N. Guy and Barbara B. Guy. `' eE1 bo t�.ho�av� a s�'.,e„t.,z v Gc.,,,�„� WITNESS my hand and official seal. My cammission expires: � _ � Natary ?889933 LDOC ��'�'';"�G`'"''-' i:`'�'1 '`''x'wU2 - C�1 �St Hc�Ylcir� psSaerMCaiCrBda $16i1 -�-d rC�'d 46269� Pags: 1 of 3 8!/89/2a82 03:S3P SILVIR DHVIS PITKIN CWNTY Cd R 15.80 D 38�.20 �'p`.PRY'pU� ?: •.C� JOY S. : ' NIGENS r: 9 ''r`- �ox `� oL�'� EXHIBIT "A" LECAL DESCRIPTIQN PARCEL I: A tract of land being part of Lots 24 and 25, Section 20, Township 1 Q South, Range 85 West of the 6tfi P.M. Said traet is more fuliy described as foliows: Beginning at a point an the Narth line af said l.ot 26 whence the N.W. Comer of said Sectian 20 bears N 39°30'13' W 5498.19 fee� thence S 23°OS' E 411.95 feet; thence East 230.oa feer, thence N 23°09' W 411.95 fee� thence West 230.Oa feet ta the point of beginning. PARCEL II: A tract of land being part af Lots 24 and 25, Secction 2b, Township 10 South, Range 85 West of the 6th P.M. Said ttact is more fully described as foliows: Beginning at a point whence a brass cap bears S 57°OT30" E 1117.38 feet; thence S 23°09' E 55.47 fee� thence around a curve to the left with a radius af fi0.00 feet a distance of 17.02 feet, the chard of which curve bears S i 5°25' W 16.96 feet; thence S 07°19' W 70.22 feet; thence around a curve to the right with a radius oi 60A0 feet a distance of 12Q.53 fee� thence N 57°35' W 108.23 feet; thence around a cunre ta the �ht wittt a rad#us of 71 i.01 feet a distance of 10Q.00 fiee� thence N 49°32' W 78.51 ieet; thence around a curve to the left with a ra.dius af 421.28 feet a distance of 35.17 feet; thence S 84°56' E 112.85 feet; thence Easi 230.00 feet to the point of beginning. PARCEL Ili: A tract of land bing part of Lots 24 and 25, Section 2A, Township 10 South, Range 85 West of the 6th P.M. Said tra�f is more fuily described as foAows: • Beginning at a point being the int�rsection af the North line of said Lot 24 with the Westerty right-of-way I"�ne of Colarado State Highway No. 82 from whence a brass cap bears S 4t}°51'30" E 1302.77 feet; ther►ce around a curve to the teft with a radius of 9&5.00 ieet a distance af 37.25 feet along the Westeriy r�ht-of-way line of Colorado State Highway No. 82; thence 817°44' E aG.50 feet along said right-of-way iine; thence around a curve to the left with a radius of 985.00 feet a distance of 350.35 feet a(vng said right-of-way line; therrce around a curve to the right with a radius ai 59.40 feet a distace of 1 C17.24 feet (the chord of which curve bears S 78°09' W 93.25 feeU; thence around a curve to #he left with a radius of 60.00 feet a distance of 41.75 feet; thence West 146.81 feet; thence N 23°09' W 428.24 feet; thence East 248.09 teet to the paint of beginning. 462699 Page: 2 of 3 01/09/2002 03:53P SILVIA DHVIS PITKIN COUNTY CO R 15.0@ D 357.10 EKHIBIT `<B" Exce,ptions to Ti�le Warranties General taxes for 2002 and thereafter, payable in �003 and thereafter. 2. Reservations of (1 � right of the praprietor af a vein or lode to extract his are; and (2) right of way for any ditches ar carzals constructed by authority oP the United States in U. S. Patent r�:corded August 23, 1949 in Baok 175 at Page 140. Terrns, conditians, provisions and obligations as contained in agreement recorded June 25, 1949 in Book 175 at Page 131. �. Restrictive Covenants as set farth in Deeds recorded.December 28, 1962 in Book 240 at Page 43�, December 3, 1965 in Book 217 at Page 246 and January 3, 1966 in Baok 218 at Page 15, deleting therefrom any restrictiQns indicating any preference, limitation or discrimination based an race, colar, religion, sex, handicap, familial status ar national origin. Terms, conditions, provisions and abligations as set forth in Trails and Trails Facilities Easement Agreement recorded �ctober 3, 199b as Receptian No. 39'7714 and re-recorded F'ebruary 26, 199'7 as Reception No. 402100. 6. Roadway over and across the Southerly portion of the subject property. All references being to the real property records of Pitkin County, Colorado. 2889934_1,DOC D�=-i tn o p � mmO� � -i � (�DOC�7 0 �ZA� �� rn = � � D �1 --I �sas�� 81g09l2802 03:53P SILVIA DAVIS PIiKIN COUNTY GO R 15.09 d��1� Warren Creek Project 2737-204-00-041 ITEM 6. Parcel Description, Lega1 Description and Vicinity Map Warren Creek Project ParcellD #2737-204-00-041 ITEM 6 - PARCEL DESCRIPTION WARREN CREEK LLC PARCEL The 5.17 acre parcel is located approximately 2.5 miles southeast of downtown Aspen in Pitkin County, Colorado along State Highway 82. The parcel is located between the Roaring Fork River and State Highway 82, and Warren Creek flows through the parcel joining with the Roaring Fork just west of the parcel. The parcel contains one single family home, a driveway and parking area. The home was built in 1964. The parcel also contains a small pond adjacent (NW) to the home and appurtenant structures including a water supply ditch diverting from Warren Creek, a diversion structure on Warren Creek, an outlet structure, and an emergency spillway. The parcel contains some landscaping around the house. The remainder of the parcel is either shrub wetlands or deciduous forest. Warren Creek Project ParcellD # 2737-204-00-041 EXHIBtT "A" LEGAL DESCRIPTION PARCELI: A iract of lend beinp part of Lots 24 and 25, Section 20, Township 10 South, Range 85 West of the 6th P.M. Said uaet is more fuily described as foflo�ws: Begtn�ing at a point on the North line of said Lot 26 whence the N.W. Comer of said 5ection 20 bears N 39°30'13' W 5498.18feefi thence S 23°09' E 411.85 feet; thence East 230.00 feet, thence N 23°09' W 411.85 tee� thence West 230.Od feet to the poiM oi beginning, PARCEL 1L• A tract of larid being part of Lots 24 and 25, Sectlon 20, Township 10 South, Range 85 West ot the 6th P.M. Said tract is more tuQy described as folfows: 6eyinning at a point whe►ice a brass cap bears S 57°OT30' E 1117.38 fee� thence S 23°09' E 55.47 feet; thence arour�d a curve to the leit with a radius of 60.00 feet a distence ot t i.02 feet, the chord of which curve bears S 15°25' W i8.98 feet; thence S 07°19' W 70.22 fee� thence around a curve to tha right wfth a radius ot 60.00 feet a distance of 120.53 feeh. thence N 57°35' W 108.23 feeC, thence around a curve to the right with a radius of 711.01 feet a distanoe of 100.00 feet: thence N 49°32' W 78.5i ieet; thence around a curve to the ►eft with a radius ot 42129 teet a dlshance of 35.17 fee� thence S 84°56' E 112.85 feet; thence East 230.00 feet to the paint of beginning. PAflCEL IfY. A tract of land bing part of Lats 24 and 25, Section 20, Township 10 South, Range 85 Weat of the Bth P.M, Saki tract is more fuliy described as folbws: � Seginning at a poiM beinfl the interaecHon oi the North firie of said Lat 24 with the Westerly right-ot-vray line of Cdvrado State Highway Na 82 from whence a brass cap be�are S 40°Si'30' E 1302.77 fee� thence around a curve to the leit with a radius of 985.00 feet a destance of 37.25 feet a�ong the West�rrly rigM-of-way line at Cotarado State Highway No. 82; thence S 17°44' E 56.50 feet along sak3 right-af-way line; thence around a curve to the ieft with a radius ot 565.00 fest a distance of 350.35 feet alang said rfght-of-way line, thence around a curve to the right with a radius of 58.40 feet a distace af 107.24 teet tthe chord of whicri curve bears S 78°Q9' W 93.25 feet); thence around a curve to the left with a radius af 60.Q0 feet a distance of 4i .75 feet; the�ce West 146.81 feet; thence W 23°09' W 428.24 feet; thence East 248.09 feet to the poinf of beginntng. a ' ' ' _. , , ., . . . - � � � . �. , . l� �'� " $ • � - > '�' „ � � � ' �` , �' ° � � �� `�'`c, � �, � . � � 'r ' ♦ R � s w e � • . . .^ .. t � °. � 4 2 � ♦ � ..f ,b. -•- ` � - .,. i � ��. 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',.�� g � � ..��' _.. , ° h � �. a .y a,.. . ^ ` •.� . .. �` ,a i, j � K � . . . . `. . _ �f ,. ..�.+, ► . � ..'` ..: M� j C'� n ,� .. � ' ' r� _ . , ° m �. � � ^-.,,�, � , r� F�?� t,� �. , , . . � .' • �...r.. �. � , Soo ,SO 0 1,SOOFeet Warren Creek Project �f 1 Inch = 1,500 Feet Datum: NAD_1983_StatePlane_Colorado_Central_FIPS_0502 (Feet) Source: Aspen/Pitkin GIS Orthophoto GIS Prepared by S. Claffey �egend ` - � WarrenCreek LLC Parcels nnarcn 20�o ClafteyEcological Consulting, �n�. Figure 1 Warren Creek Project 2737-204-00-041 ITEMS 7 & 8 Total fee of $5,071.00 provided to Pitkin Community Development Signed Fee Agreement Provided to Pitkin County Community Development Warren Creek Project PID #2737-204-00-041 ITEM 9 Letter from Warren Creek LLC authorizing Claffey Ecological Consulting to submit application provided to Pitkin County Community Development WARREN CREEK, LLC 201 Main Street Fort Worth, Texas ?6102 3anuary 25, 2010 Pitkin County Office of Community Development Attn: Ms. Cindy Houben, Community Development Director 130 S. Galena Street, 3rd Floor Aspen, Colorado 8161 l Re: Authorization of Claffev Ecolo�ical Consulting�Inc to Serve as A�ent to Process Application for Wazren Creek Strearr► Improvements Proi�t Ladies and Gentlemen: This letter shall serve to confirm that Warren Creek, LLC, a Texas limited liability company, authorizes Mike Claffey of Claffey Ecological Coc�ulting, Inc. to process the application for the Warren Creek Stream Improvements Project. Sincerely, WARREN CREEK, LLC, a Texas limited iiability company L�� / '' � / �r/ Edward P. Bass, Member Warren Creek Project PID # 277204-00-041 ITEM 10 List of all property owners and mineral estate owners within 300 feet of the Warren Creek LLC property was provided to Pitkin County Community Development Warren Creek Project PID # 277204-00-041 ITEM 11 Community Development Pre-application Form PITKIN COUNTY PRE-APPLICATION CONFERENCE SUMMARY LOCATION: East of Aspen, 50 Warren Creek Lane PID#'s: 2737-204-00-041 ZONING: RS-30 OWNER: Wanen Creek, LLC REPRESENTATIVE: Mike Claffey PHONE: 970.640.3738 EMAIL: MClaffev�u`acsol.net DATE: December 11, 2009 (revised on 1-13-10) PLANNER: Mike Kraemer, 920.5482, michaelk(a�.co.�itkin.co.us Type of Application: Activity Envelope and Site Plan Review Description of Project/Development: The Applicant is requesting approval of an Activity Envelope and Site Plan to restore the main channel on the lower portion of Warren Creek which has become a braid of channels. The intent has been stated to avoid a potential blowout of a pond that exists on the parcel and avoid possible damage to an existing residence. Land Use Code Sections to be addressed in letter of request (application): Sec. 2-30-20(g): Activity Envelope Criteria for Approval; Sec. 7-10-50: Activity Envelope/Site Plan; Sec. 7-20-10: Site Preparation and Grading; Sec. 7-20-20: Steep and Potentially Unstable Slopes; Sec. 7-20-30: Water Courses and Drainage; Sec. 7-20-80: River and Stream Corridars and Wetlands (wetland, floodplain, and riparian areas — also see BOCC Ordinance 24-2008); Sec. 7-20-130: Landscaping and Vegetation Protection Staff will refer the application to the following agencies: Planning Engineer, East of Aspen Caucus, and CDOW. Review by: BOCC (one- step review). Public Hearing: Yes. The Applicant shall post a public notice sign on the property at least 15 days prior to the date specified for the Public Hearing pursuant to Sec. 2-20-100(a)(3) of the Land Use Code. In addition, the Applicant shall mail notice to all property owners and mineral estate owners within 300' of the subject property with the return address of the Community Development Department (form of notice to be obtained from the Community Development Department). The names and addresses shall be those on the current tax records of Pitkin County, as they appear no more than 60 days prior to the date of the public hearing. A property owner receiving the public notice shall have 2 weeks from the date the notice was postmarked to submit comments or objections to the Community Development Deparhnent. FEES: $5,071 (make check payable to "Pitkin County Treasurer") ■ Planning Office flat fee: $3,744 (non-refundable; based on 12 hours of stafftime. If staffreview time exceeds 14.4 hours, the Applicant will be charged for additional time above 12 hours at a rate of $249/hour) o Web Technology Fee: $25 o Public Notice: $54 o Planning Engineer Minor Review: $1,248 To apply, submit 7 copies (2 unbound) of the following information, unless noted otherwise: 1. Summary letter explaining the request, providing background on prior approvals and permits, and addressing compliance with the Code sections listed above (see BOCC Ordinance 24-2008). 2. 24" by 36" and 11"17" Activity Envelope and Site Plan as designated in Section 2.1.1 and 2.1.12 of the Pitkin County Land Use Application Manual; 3. Previous Land Use Approvals (if applicable); 4. Proof of attainment of appropriate Army Corps of Engineers permits, if applicable. 5. Proof of ownership of subject property; 6. Pazcel description, including legal description and vicinity map; 7. Total fee for review of the application; 8. Signed fee agreement (1 copy); 9. Consent from all owners to process the application and authorizing the representative (1 copy) 10. List of all property owners and mineral estate owners within 300' of the subject properiy (1 copy) 11. Copies of this pre-app form NOTES: ➢ PLEASE SUBMIT ONE UNBOUND AND ONE-SIDED COPY OF YOUR COMPLETE APPLICATION. PLEASE SUBMIT TWO-SIDED COPIES OFALL REMAINING COPIES OF YOUR APPLICATION (IF POSSIBLE). THE PARCEL IDs SHOULD BE INCL UDED ONALL DOCUMENTS INCL UDED IN YOUR APPLICATION. ➢ ALL MAPS SHALL BE FOLDED. ➢ This pre-application conference summary is advisory in nature and not binding on the County. The information provided in this summary is based on current zoning standards and staff's interpretations based upon representations of the applicant. Additional information may be reguired upon a complete review of the application. ➢ The Pitkin Counry Land Use Code and Application Manual is available on-line at htip. ii�ti� tir. us��t npitl;irzcorrz depts. % j�lanniia�.cjr�i