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Home My WebLink Aboutpitkin.planning.264316200002 (4)DOCUMENT LAYOUT THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION LISTED BELOW IN THE FOLLOWING ORDER Summary Sheet Resolution for the BOCC and/or P &Z Ordinance for the BOCC and/or P &Z Determination for the Hearing Officer Administrative Determination Staff Memo Application Public Notice, Acceptance Letter, Referral(s) Letter Site Plan Miscellaneous Plat copies (11x17) PARCEL ID: 2647162 -00 -002 DATE RCVD: 17/4/1994 #COPIES: CAE CASE NAME: Ho Minor 1041 Hazard Review ,.Planners JI` PROJ ADDR:I0100 Woody Crk Ln S -T -R 9 -9 -85 -! OWN /APP: Ho, Charles & Linda ADRF CIS /Z:F PHN: REPA ADR:FWff&JSIZF PHN. Email Addr: FEES DUE: ALLOCATED HOURS:7 %OVER: F— • �.a REF: BY DUE: Ni MTG DATE REV BODY PH NOTICED INAL ACTION: 11128/1994 r F �— No I BOCC Reso: F— No F No I 8OCC Ord: MARKS Fno vesting Formerly 0100 Clark Ln PZ: HRG OFF: CLOSED:— BY: HO INDEX: ADMIN: Staff Approval PLAT RECORDED 4/19/1995 !PLAT (BK,PG): B36 P95 #360629 ADMIN INDEX: VR APPROVAL DATE: � VR EXPIRES: i CASE TYP: Minor 1041 Hazard Review CASE TYPS: CASE TYP2: CASE TYPE: CASE TYP3: CASE TYP7: CASE TYP4: Date Scanned: F 1/7/2012 File Location: IFF Box #212 Wol � 1 CASELOAD SUMMARY SHEET PITKIN COUNTY DATE RECEIVED: DATE COMPLETE: STAFF MEMBER: 10/04/94 RM CASE # P117 -94 PARCEL ID# 2643- 162 -00 -002 PROJECT NAME: Ho Minor 1041 Hazard Review Project Address: 0100 Clark Lane, Woody Creek, CO APPLICANT: Charles and Linda Ho Applicant Address: Box 1200 Carbondale, CO 81623 REPRESENTATIVE: Bill Johnson, Earth Resource Investigations, Inc. Representative Address /Phone: Box 427 Carbondale, CO 81623 963 -1356 FEES: PLANNING $ 215 ENGINEER $ 60 HOUSING $ ENV. HEALTH $ 60 TOTAL $ 335 TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP: _ DRC MEETING DATE P &Z MEETING DATE BOCC MEETING DATE HEARING OFFICER MEETING REFERRALS: ✓ Attorney ✓ Engineer Housing Aspen Water ✓ Envir.Hlth. -� Zoning Land Mgmt. Airport Mgr. Sheriff City P & Z Building Dept DATE REFERRED: / DATE: # APPS RECEIVED 8 # PLATS RECEIVED 8 _Aspen Consol S.D. _Rocky Mtn Nat Gas _Holy Cross _Aspen Fire _Basalt Fire _Carbondale Fire _Div. Water Res. _State Forest Ser. CO Geo.Survey CDOT RESOLUTION #: FINAL ROUTING: DATE: _Clean Air Board Other: _Brush Ck Metro �D�ist Other: oo z �,. fldn+m . INITIALS: ' I DATE DUE: I�7cVY�l ;ZillpM�1�F County Attorney Housing Open Space Bd. Other: PUBLIC HEARING: YES NO PUBLIC HEARING: YES NO School District _ USFS (Carbondale) _ USFS (Aspen) ✓ Div. of Wildlife _ BLM Snowmass Village Risk Manager Caucus Homeowners Open Space Board PAGES) INITIAL: _County Engineer Envir. Health Zoning _ Applicant FILED: Revised 05/16/94 0UC001 2 `J y5 MEMORANDUM TO: Suzanne Konchan, Community Development Director RE: Ho Minor 1041 Hazard Review FROM: Rick Magill, Planner DATE: November 15, 1994 ------------------------------------------------------------------- ------------------------------------------------------------------- APPLICANT: Charles and Linda Ho APPLICANT'S REPRESENTATIVE: Bill Johnson PROJECT LOCATION: The Project is located immediately south of the confluence of Woody Creek and the Roaring Fork River. BACKGROUND: The Applicant received Minor 1041 Hazard Review approval for the construction of a single family residence on September 30, 1993. The approval designated a building envelope on the top of a steep slope above the Roaring Fork River and did not include any areas down by the River. On September 23, 1994, the Planning Office was notified that earthwork was taking place down by the River. A Stop Work Order was issued by the Planning Office to the on -site project manager (Paul D'Amato) and he was advised to apply for the necessary land use approvals prior to any further construction. REQUEST: The Applicant is requesting approval of a Minor 1041 Hazard Review for the installation of 3 fish habitat improvement structures, the restoration of riparian vegetation adjacent to the River and the burying of two recently installed 24" culverts and submersible pumps, which will provide ground water for irrigation. The Applicant also wishes to dredge out an existing pond on a bench adjacent to the River. REFERRAL AGENCIES: The comments of the following referral agencies are summarized below and are attached as necessary. 1. County Attorney 2. County Engineer 3. Environmental Health Department 4. Floodplain Administrator 5. Division of Wildlife 6. Woody Creek Caucus STAFF COMMENTS: Construction and Access Two 24" culverts with submersible pumps have already been installed (without the benefit of County land use approvals) to supply irrigation water for the property. The Applicant wishes to bury the exposed culverts and submersible pumps to complete this portion of the project. The irrigation system will also require the burying of a 4 pipeline for a distance of approximately 50 feet through a jurisdictional wetland. Sod from the pipeline excavation will be stockpiled and replanted. The Applicant also proposes to dredge an existing pond on the bench adjacent to the River. The Army Corp has issued a nationwide 12 permit for the pipeline and a nationwide 18 permit for the excavation of 10 yards or less of material from the pond. At some time in the past, this site has had much of the riparian vegetation removed from the bank of the River and cobbles were placed along the river's edge. This effectively reduced the value of this area for fish and wildlife habitat. The Applicant proposes to restore the riparian habitat by planting 5 cottonwoods (3" caliper or greater) and 15 riparian woody shrubs along the river bank. The installation of the three fish habitat structures will consist of a rock jetty keyed into the bank. Each jetty will be composed of approximately three rocks. The scour area behind the jetty would be excavated and material removed to create a pool for fish habitat. Additional rock will be cantilevered over the pool and woody vegetation such as willow and alder will be planted to provide additional cover. The project will be reached by an existing "road" from the access driveway down to the lower bench adjacent to the project site. This "road" appears to have been recently improved (boulder retainage) to accommodate the equipment necessary for the installation of the culverts and submersible pumps. Construction Zone and Sediment Mitigation The Applicant has not proposed any method to confine the limits of disturbance to the site. Staff will require that plastic fencing be erected to limit areas of disturbance. The Applicant feels that the implementation of sedimentation mitigation measures in the River would be more impactive than the limited impacts associated with the installation of the fish habitat structures. Staff concurs with this determination. The completion of the irrigation system will not require any sedimentation mitigation measures. 1041 Hazard Issues Floodplain - The construction will occur within the 100 year floodplain. Any disturbance or impacts to the floodplain will be temporary during construction. As mentioned previously, the Applicant has obtained a 404 Permit from the Army Corp and a �uC'�U3 %. . Development Within the Floodplain Permit from Tom Newland. Once the project is completed, site grading will be restored as near as possible to pre- construction conditions. Revegetation and construction will occur at low flow periods, when the risk of erosion will be minimal. Riparian, Shoreland and Wetland Areas - During the construction period there will be disturbances along the shoreline and the adjacent wetland /riparian areas. The construction area shall be fenced to reduce the risk of disrupting the site unnecessarily. The project will greatly restore the viability of the riparian and shoreland areas as fish and wildlife habitat. The Applicant has indicated that there will be no loss of wetlands as a result of this project. The Division of Wildlife has been involved with several similar projects in the past. Allen Czenkusch of the DOW will be the on- site supervisor during the construction of the fish habitat structures. Staff has been unable to contact Mr. Czenkusch, despite several attempts to do so. ENABLING LEGISLATION: Section 3- 804(B) (3) states: "Bridges or other structures for irrigation, drainage, flood control or water diversion may be allowed [in the floodplain] upon approval of plans and specifications by the Planning Director and County Engineer, provided they are engineered to prevent blockage of drainage channels during peak water flows and their placement does not result in the loss of wetlands or riparian areas ". The proposed Project complies with above and is not prohibited by any other regulation. The Project also complies with the guidelines set forth in Section 3 -804A. RECOMMENDATIONS: Staff recommends that the Planning Director approve the Ho Minor 1041 Hazard Review subject to the following conditions: 1. The Applicant shall adhere to all material representations made in the application. The Applicant shall install plastic fencing to delineate the limits of the Project. No construction activity, other than the delivery of materials and the transportation of equipment, shall occur outside of said fencing. Placement of the fencing shall be verified for permit compliance purposes. The Applicant shall notify the Planner (Rick Magill) for a site inspection upon the initial placement of the fencing. 3. The Applicant shall comply with all of the conditions of the Nationwide Permits issued by the Army Corp of Engineers. L*. ATTACHMENTS: Environmental Health comments County Engineer comments Tom Newland memo application Approved by J suz a Kon an, Community Develdq5ment Director date • Z$ a memo ho ml041.river lJ U li 1(� LJ MEMOR)MUN To: Rick Magill, Planning Office From: Betsey Kipp, Environmental Health Department Through: Lee Cassin, Senior Environmental Health Officer �51� C Date: October 24, 1994 Re: Ho Minor 1041 Hazard Review Parcel ID # 2643- 162 -00 -002 The Aspen / Pitkin Environmental Health Department has reviewed the details of the Ho Hazard Review application under the authority of the Pitkin County Code Title II, and has the following comments. ADEQUATE PROVISIONS FOR WATER NEEDS: Sections 2 -6 and 5 -205• "It is the policy of the County to ensure that land is not committed to any use and that no use is initiated without adequate evidence that a water supply of adequate quality, quantity, pressure and dependability is available to support the use intended.-- The source of drinking water on this property is a private well. The Enviromental Health Department does not have any concerns relative to potable water on the property at this time. SEWAGE TREATMENT AND COLLECTION Sections 2 -7 and 5 -200: "Itisthe policy of the County to ensure that land is not committed to any use and that no use is initiated without adequate evidence that facilities to collect, treat and dispose of anticipated types and quantities of waste water are available or can and will be provided with suitable capacity, quality of discharge, suitable point of discharge and dependability ". A new individual sewage disposal system was installed for the Ho residence in January of 1994. It meets current Pitkin County regulations and should not be impacted by the proposed project. WATER OUALITY IMPACTS: Sections 2 -22 and 5-107.2: "It is the policy of the County to preserve and protect its present water resources. To this end it is the policy of the County that no land use be initiated which would adversely affect the quantity, quality, or accessibility of the County's water resources; or which would occur at the expense of established water - dependent agricultural activities; or which would result in increased salinization of water resources, loss of minimum stream flows, further destruction of wildlife habitat, or major expenditures to reacquire or redistribute major water resources. It is also the policy of the County to maintain a natural vegetative buffer along its surface waters such that the surface and groundwaters of the area are not encroached upon by land uses or other human activities which could cause deterioration of water quality or impair the 1 VUU- UG natural treatment processes provided by meadows and wetlands." The Environmental Health Department will be addressing water quality impacts only on down stream water quality. This application is not expected to impact down stream water quality. A condition of approval is that all conditions listed by the Army corps of Engineers are met. AIR QUALITY: Sections 2 -17 and 5 -106: Only that development is permitted which will not contribute significantly to degradation of air quality in Pitkin County. Developments may not constitute an indirect or direct air pollution source. This project is not expected to contribute significantly to degradation of air quality in Pitkin County. CONFORMANCE WITH OTHER ENVIRONMENTAL HEALTH LAWS: Section 2 -2 --it is the policy of the County to ensure that no use or development of land is permitted which is in violation of the laws of the County, the State of Colorado, or the United States of America." This Department encourages the restoration of wildlife habitats and native vegetation. Care must be given to minimize the impact on the surrounding site when the irrigation components from the river are installed and dredging of the pond is done. This Department is not aware of any other issues of concern regarding other environmental health laws. ... ENV:NP:LAND USE:Ho.Hazard.Review 2 6UGMJ7 MESSAGE DISPLAY TO Rick Magill cc Bud cc Stan Berryman From: Bud Eylar Postmark: Nov 15,94 4:52 PM Subject: Ho Minor 1041 ------------------------------ Message: Rick, I have reviewed the application and have the following comments: 1) We visited the site today 11 -15 to review some of the issues. My primary concern based upon the submittal was the access to the river and minimizing any damage to riparian areas or vegetation during the proposed work. It was apparent that the burying of two culverts and installation of the pumps had been completed without this review being completed and approved. It is apparent that access can be obtained to the site with little damage to the area. Reveg and restoration are a must. Bud uuC,.lu3 TO: Rick Magill, Planning Office FROM: Tom Newland, Floodplain Administrator RE: Ho Minor 1041 Hazard Review DATE: October 17, 1994 I have reviewed the information submitted and would like to forward the following comments to you: Floodplain Impacts: The applicant has submitted an application for Development in the Floodplain and I have approved of the application with the following conditions: Applicant will abide by conditions of Army Corps permit. Applicant will abide by any further conditions placed on it through 1041 Hazard Review. Please contact me if you have any questions. Ul��i �� Earth Resource Investigations, Inc. Surface and Groundwater Hydrology, Welland Delineation and Mitigation, Waterfowl and Fish Habitat Improvements, Water Rights October 4, 1994 Mr. Richard J. Magill, Planner Aspen /Pitkin Planning Department 130 South Galena Street Aspen, Colorado 81611 Dear Richard: am requesting a minor 1041 hazard review approval for the Charles and Linda Ho Residence, located on a parcel adjacent to the Roaring Fork River and Upper River Road just north of the Woody Creek Tavern. The physical address of the parcel is 0100 Clark Lane, Woody Creek, Colorado 81654. We are requesting permission to complete the following work not covered by the previous 1041 approval: (1) Installation of 3 fish habitat improvement structures; (2) Planting of riparian and wildlife shrubs and trees to restore the riparian zone adjacent to the Roaring Fork River; (3) Bury two 24" culverts and submersible pumps to supply water to the irrigation system for the property. The objectives of the project are: (1) To restore fish and wildlife habitat adjacent to the Roaring Fork River; (2) Restore denuded riparian habitat adjacent to the Roaring Fork River; and (3) Provide water for the irrigation system for the parcel. The following information has been included as requested in the pre - application conference summary: (1) Site Plan and location map; (2) Documentation of water rights; 417 Main Street • Suite 203 • Box 427 • Carbondale, Colorado 81623 303 -%3 -1356 Fax:303 -963 -0155 CLOSE UP OF HABITAT STRUCTURE SHOWING OVERHANG AND LOW VELOCITY WATER FOR TROUT HABITAT PRIOR TO PLANTING RIPARIAN VEGETATION 000011 FISH HABITAT IMPROVEMENT STRUCTURE AND REMOVAL OF COBBLES FROM BANK Mr. Richard J. Magill, Planner October 4, 1994 Page Two (3) Corps of Engineers permits and application; (4) Approved flood plain permit and application; (5) Pre -ap form; (6) Application fee; (7) Agreement for payment form. At sometime in the past, this site has had much of the riparian vegetation removed from the banks. The riparian species currently found adjacent to the shoreline of the Roaring Fork include narrow leaf cottonwood seedlings, Populus Angustifolia willow, Salex sp. honeysuckle, and Lonicera involucrata The wetland grasses include Carex sp. Juncus sp., and redtop Aarostis alba mixed in with common pasture grasses such as timothy, brome, bluegrass and orchard grass. The installation of the fish habitat structures and planting of riparian species will help to restore the fish and wildlife habitat and riparian zone adjacent to the Roaring Fork River at this site. Should you have any additional questions, please feel free to contact me. Sincerely, William N. Johnson Registered Professional Hydrologist WNJ:cf Enclosures UU6,ji2 September 30, 1994 TO WHOM IT MAY CONCERN: This hereby Investigations as Hazardous Review Sincerely, authorizes Bill Johnson of Earth Resources our representative in the completion of the 1041 for Pitkin County. Charle o Owner ATTACHMENT A SITE PLAN �uCUl4 1 �I I i III I f I ; I' I 1 ' I � I Il�ljol III I I ' III I I II II �.7 I / I � I III �' / I'1 illll 'lllii�l I I � I I11I I I. rh VICINITY MAP HO PROJECT � . -: — 'cno_ , l•'., �9r, 1 111 ' I Vic y. l „I rGulch ;1�\ •\ '� ]337 1 17 I m\ '' �u I �) a I / pegs I ' ,00 1111 III 8488 1 I IJ B I' I I 1 l i 79 , �I I, I P, o II I -� SCALE 1" °2000' I r,' 14 i "52 17 i0" ,, li I oody Cre ek �\ n ` �I i "4s I zI IIII VA / / / 9 / / / COTTONWOOD PLANTINGS HO Rr- SIDENCE / / / r 4 / Z / a BANK OF ROARING FORK - NV 24" CULVERT SET ON END IN BANK , -SCALE 1 " =50' \ HABITAT ST R U GT U R E S W I T H OVERHANGING BANKS AND SHRUBS B/31 /94 60G")1S SHRUB P LANT I N G z .) i -!z , J A \ z L ATIO � I r -, , J 2 J -y r AREA 1 H Z I I l w Earth Resource Investigations, Inc. Box 427 • Carbondale, Colorado 81623 KET( N � `Ip \ ATTACHMENT B DOCUMENTATION OF WATER RIGHTS ui1C;.li� 09/30/94 10:44 3039451137 PESOUPCE EIU;. III ". PAGE 08 ORDER GRANTING APPLICATION FOR ALLOTMENT CONTRACT CHARLES T. K. HO AND LINDA HO Application having been made by or on behalf of Charles T. K. Ho and Linda Ho and all parties interested in the foregoing Water Allotment Contract and hearing on said Application having been duly held, it is hereby ordered that said Application be granted and that the foregoing Water Allotment Contract for 0.033 cubic feet of water per second from the District's direct flow rights and 11.2 acre feet of water per year of storage water owned or controlled by the District is hereby approved and executed by and on behalf of the Basalt Water Conservancy District, for the beneficial use of the water allotted in the foregoing Contract, upon the terms, conditions and manner of payment as therein specified and subject to the following specific conditions: 1. Applicant has provided the District proof that the proposed use of the land to be benefitted by the water allotted hereunder has been approved by the applicable governmental authorities having jurisdiction over such land use and by executing the foregoing water allotment contract has represented and warranted to the District that the lot or parcel to be benef1ded hereunder is legally subdivided. 2. By acceptance of this Contract, Applicant acknowledges that within two years of the date hereof or such later date as the District may approve, the Applicant shall file with the Water Court of Water Division No. 5 a water rights plan of augmentation for utilization of water allotted hereunder at the location and for the purposes hereinabove set forth or the Applicant's water allotment as provided in this Contract shall be included in a water rights plan of augmentation to be filed by the District with the expenses thereof to be shared prorata by the Contract holders included in such plan; provided that inclusion of the Applicant's water allotment in the District's plan of augmentation shall be at the District's sole discretion. The District may establish an augmentation plan fee to be paid by the holder of any Contract to be included within a plan of augmentation to be filed by the District, which fee shall be payable in advance of the inclusion of such Contract in a District plan of augmentation and may be based on the District's good faith estimate of the anticipated expense of such plan of augmentation. If such augmentation plan fee paid by a Contract holder exceeds the Contract holder's prorata portion of the actual expenses incurred by the District in completing said plan of augmentation, the District shall refund such excess to the Contract holder. 3. The Applicant acknowledges and agrees that the land to be benefitted by the water allotted hereunder is not located within the District's service Area A to which the District's temporary water supply plan approved by the State Engineer is confined. Accordingly, the District's sole obligation tinder this Contract shall be to release the water allotted hereunder at the outlet works of Ruedi Reservoir or at the original point of diversion of any direct flow rights of the District, as applicable. Granting of this Contract does not constitute the District's representation that the Applicant will receive a well permit or water rights decree of the land to be benefitted hereby. UUG� "U -I- 09/30/94 10:44 3039451137 P'ESOUPCE EIIG. BU_. PAGE 09 4. Any and all conditions imposed upon the release and diversion of water allotted hereunder in any water rights plan of augmentation or other water rights decree of the Water Court for Water Division No. S shall be incorporated herein as a condition of approval of this contract. Granting of this allotment contract does not constitute the Districts representation that the applicant will receive a well permit or water rights decree for the land to be benefitted hereby. 5. If Ajplicant intends to divert water through a well or wells, Applicant shall provide the District a copy of Applicant's valid well permit for each such well before the District is obligated to allot water for the benefit of Applicant hereunder. 6. The Applicant has acknowledged that the land to be benefitted by the foregoing and attached Contract is described on Exhibit "A" attached hereto and incorporated herein by this reference. Approved this day of _SJaQ , 1994. Attest: By: y �i'� 1��, ..yY1. A Z Secretary BASALT WATER CONSERVANCY DISTRICT ULJCJ 19 -2- Pitkin Coun July 13, 1994 Mr. Paul D'Amato Representing Charles Ho 0082 Northway Drive Aspen, Colorado 81611 Re: Inclusion in Basalt District Dear Mr. D'Amato I have reviewed your letter of July 11 regarding the inclusion of the Charles Ho property within the Basalt Water Conservancy District. We find that this petition is in keeping with the terms and conditions of the Stipulation regarding extraterritorial service between the District and Pitkin County and we therefore have no objection to the District's acting favorably on the petition. Please let me know if you have any questions regarding this matter. Yours uly, Mark Fuller, Developm Director Pitkin County cc: Tim Whitsitt, Pitkin County Attorney Suzanne Konchan, Pitkin County Planning Director John Musick, Pitkin County Water Counsel Dan Kerst, Basalt Water Conservancy District U JU JZJ Administration 530 E. Main, 3rd Floor Aspen, CO 81611 (303) 920 -5200 FAX 920 -5198 County Commissioners Suite B 506 E. Main Street Aspen, CO 81611 (303) 920 -5150 County Attorney Suite 1 530 E. Main Street Aspen, CO 81611 (303) 920 -5190 Personnel and Finance Suite F 530 E. Main Street Aspen, CO 81611 (303) 920 -5220 Transportation Facilities 76 Service Center Road Aspen, CO 81611 (303)920 -5390 pnnred on,ecycled paper 09/30/94 10:44 3039451137 PESOUPCE Ell -,. ItIC. PAGE 07 EXHIBIT A A Tract of Land situated in Lot 15, Section 9, and Lots 2, .3 and 4, Section 16, Township 9 South, Range 85 West of the 6th Principal Meridian, Pitkin County, Colorado, described as follows: '•,' Beginning at's paint on the Westerly line of a County Road whence the Quarter Corner Common to said Sections 9 and 16 bears N.06'36' N 530.32 feet; thence S 89'50 W 744.25 'feet to the center of the Roaring For River; thence N 24 W 53.54 feet along the center. of the Roaring Fork River; thence N 42 W 220.24 feet along the center of the Roaring Fork River; thence N 49 N 247.44 feet along the.center of the Roaring Fork river to the confluence of Woody Creek; thence N 62 E 57.09 feet along the center of Woody Creek; thence N 45 B 188.40 feet along the center' Woody Creek; thence N 16 1 74.15 feet along the center of Woody Creek; thence N 36 t 56.10 feet the center of Woody Creek; thence N 43.21' E 34.16 feet along the center'of Woody Creek; thence N 54'56 E 28.11 feet along the center of Woody Creek; thence N 58 $ 76.47 feet along the center.of Woody Creek; thence S 59'15' Z 128.54 feet along the center of Woody Creek; thence S 45 1 10 1 E 77.26 feet 'along the center of Woody Creek; thence 8 41'45' E 114.55 feet along the center of Woody :reek; thence S 72'02 E 75.97 feet along the center of Woody Creek; thence N 82`11 E 65.23 feet along the center of Woody Creek; thence N 65 E 129.86 feet along the center of Woody Creek Westerly line of said County Road; thence S 23 8 615483 feet along the Westerly line of $aid Road to the point of beginninj .c COUNTY OF PITKIN, STATE OF COLORADO. to the County U0CJ;',I ATTACHMENT C ARMY CORPS PERMIT 6j C SENT B',' : -OE (JEST COLO PEG ncnr TO ArremnCH OF ; 9 -70 -94 3:51Ft9 ; 303241235}3 -+ 30396301S5; 0 2 DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS Of ENGINEERS taps J STREET SACRAMENTO, CALIFORNIA 956%2222 September 30, 1994 Regulatory section (199475367) William Johnson Earth Resources Investigations 417 Main Street, Suits 203 post office Box 427 Carbondala, Colorado 81623 Dear Mr. Johnson: i am responding to your request for a Department of the Army permit to construct a 4 -inch pipeline and associated intake structure adjacent to the Roaring Fork River and the x cavate residence 0 cubic yards of material from an existing p an near Woody Creek in Pitkin County. The project is located at Roaring Fork in Section 34, Township 9 south, Range 85 West, Pitkin County, Colorado. The Chief of Engineers has issued a nationwide general permits number 12 which authorizes the discharge of dredged or fill material i n o f Un back fill, andnationwideg neralpermita r u l ine _ authorizes dredging of less then 10 cubic yards in waters of the United States. Your project can be constructed under these authorities provided the work meets the conditions listed on the submittediwith yournAugust�31 ,d1994vpermithapplic miti application p lan completed. This permit verification will years from the data of this letter is modified, reissued, or revoked. office if work will extend beyond be valid for a period of two unless the nationwide permit You should contact this this date. JC111 0 1 - luu WCJI LULU RCU • V ."I l'1 • '•n - 2. We have assigned number 199475367 to your project. Please refer to this number in any correspondence with this office. If you have any questions, please contact Mr. Michael Claffey of this office or telephone number (303) 243 -1199. sly, L,l MaNurs estern Colorado Regulatory 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501 -2563 Enclosure Copies Furnished: Dr. Gene Reetz, U.S. Environmental Protection Agency, 8WM -WQ, 999 18th Street, Suite $00, Denver, Colorado 80202 -2466 Mr, Keith Rose, U.S. Fish and Wildlife Service, 764 Horizon Drive, South Annex A, Grand Junction, Colorado 81506 -3946 Mr. Paul von Guerard, Subdistrict Chief, U.S. Geological Survey, 402 Rood Avenue, Room 223, Grand Junction, Colorado 81501 Mr. Robert Caskey, Colorado Division of Wildlife, 711 Independent Avenue, Grand Junction, Colorado 81501 udcC'1L� Earth Resource Investigations, Inc. Surface and Groundwater Hydrology, Wetland Delineation and Mitigation, Waterfowl and Fah Habitat Improvements, Water Rights August 31, 1994 Mr. Grady L. McNure Chief, Western Colorado Regulatory Office U.S. Army Corps of Engineers 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501 -2563 Dear Grady: On August 17th, 'I met with Mike Claffey at the Ho Residence in the Woody Creek area to look at a proposed intake waterline and pond cleaning project adjacent to the Roaring Fork River. The project involves the following work and associated disturbance to wetlands: (1) Burying of a pipeline 4" in diameter for a distance of approximately 50 feet through jurisdictional wetland; (2) Burying an upright culvert adjacent to the Roaring Fork River as a collection system for a submersible pump attached to the buried waterline in the gravel on the bank of the Roaring Fork River; (3) The cleaning of one portion of an existing pond on a bench adjacent to the pipeline on the Roaring Fork River. There will be no loss of wetlands from the proposed work. We are requesting a nationwide 12 permit for the pipeline and a nationwide 18 permit for the excavation of 10 yards or less of material from the pond. The applicant is: Charles Ho % H.P. Hansen P.O. Box 1200 Carbondale, Colorado 81623 There would be disturbance to the vegetation within the wetland where the pipeline would be constructed and the equipment would remove fill from the existing pond. The 417 Main Street • Suite 203 • Box 427 • Carbondale, Colorado 81623 U u.� 303 -%3 -1356 Fax:303- 963 -0155 LOCATION OF PROPOSED PIPE LINE F.:W AREA OF POND TO BE DREDGED 600026 LOCATIONS FOR COTTONWOOD PLANTINGS . jou LOCATION WHERE COBBLES WILL BE REMOVED FOR FISH HABITAT IMPROVEMENT STRUCTURES Mr. Grady L. McNure August 31, 1994 Page Two following restoration work is being proposed along the stream bank of the Roaring Fork River within the area of the pond and pipeline. (1) The planting of 5 large cottonwoods 3" or greater in diameter; (2) The installation of three fish habitat structures. These structures consist of a rock jetty keyed into the bank which is composed of approximately three rocks. The scour area behind the jetty would be excavated and the material removed to create a pool for fish habitat. Additional rock would be cantilevered over the pool and woody vegetation such as willow, alder, or other appropriate species would be planted to provide additional cover; (3) Cobbles would be removed and pockets of topsoil would be inserted in filter fabric containers for the planting of 15 riparian woody shrubs along the bank. It is proposed that approximately 100 feet of bank of the Roaring Fork would be rehabilitated and planted with riparian and wildlife species. The existing bank appears to have been lined with cobbles or bed material and contains little or no riparian species within the pond and pipeline area. Sod from the pipeline excavation would be stockpiled and replanted. This rehabilitation would substantially improve the habitat and bank stability along this reach of stream. Cobbles would be removed in the areas where the fish habitat improvement structures will be located. Disturbed areas would be seeded with the following mix: Species Lbs. Acre Deschampsia caespitosa - Tufted hairgrass 3 Calamagrostis canadensis - Canada reedgrass 5 In addition to the 5 cottonwood trees being planted, 15 shrubs in 5 gallon container stock will be selected from the following list for planting on and near the riverbank: Species Corpus stolonifera Salix s . Common Name Dogwood Willow UUG - 1 ' Mr. Grady L. McNure August 31, 1994 Page Three Alnus tenuifolia Rocky Mountain Alder Betula occidentalis Rocky Mountain Birch Ribes inerme Gooseberry Symphoricarpos albus Snowberry Rubus parvifloris Salmon Berry Sambucus melandocarpa Black Elder Acer glabrum Rocky Mountain Maple Shepherd'ia canadensis Buffaloberry Phvsocarpus sp- Sambucus sp. Elderberry Crataegus sp. Hawthorn Prunus americana Wild Plum Lonicera involvcrata Honeysuckle The existing shallow bench in the pond will be planted with: Typha latifolia Cattail Scirpus acutus Hard -stem bulrush Nuphar sp. Pond lily Mr. Grady L. McNure August 31, 1994 Page Four Please give me a call if you have any questions. Sincerely, William N. Johnso Registered Hydrologist WNJ:cf uU� ;J� ATTACHMENT D PRE -APP FORM u I PITSIN COUNTY PRE- APPLICATION CONFERENCE SUMMARY DATE: 9;/28/94 PLANNER: Rick Magill PROJECT: Ho Residence APPLICANT'S REPRESENTATIVE: Bill Johnson REPRESENTATIVE'S PHONE /FAX: 963 -1356 / 963 -4155 OWNER'S NAME: Charles and Linda Ho SUMMARY 1. Type of Application: 1041 Hazard Review 2. Describe action /type of development being requested: The Applicant is requesting approval of a ground water extraction project in the floodplain of the Roaring Fork River. The project will include improvements to aquatic habitat and restoration of riparian vegetation, as supervised by the DOW. 3. Areas in which Applicant has been requested to respond, types of reports requested: Code section 3 -804 (3- 804(B)(3)] 3 -808 (3- 808(G)) - Referral Agencies comments Floodplain Wildlife- Riparian, Shoreland and Wetlands 1. County Attorney 2. County Engineer 3. Zoning Office 4. Environmental Health 5. County Floodplain Administrator 6. Division of Wildlife 4. Review is before: Administrative 5. Public Hearing: no 6. The applicant needs to post a sign for each public hearing pursuant to Section 4 -9 of the Code. no 7. Please submit a list of Adjacent Property Owners: yes S. The Applicant shall provide stamped, pre - addressed, letter size envelopes, with the return address of the Planning Department, for mailing to all adjacent property owners. no 9. Number of copies of application packets to be submitted: 8 10. Planning Office fee deposit required: $ 215.Oo J �uC,y�j 2 Referral Fees required: County Engineer $ 60.00 '�0'd - IHioi Environmental Health $ 60.00 Housing Department $ Total Deposit: $ 335.00 11. Ant date of submission: 12. COMMENTS /UNIQUE CONCERNS: 13. FOW COMPLETE APPLICATION PACKETS PLEASE INCLUDE THE FOLLOWING! 1.; Letter of request which describes the project and addresses the Code Sections listed above; 2.', 24" x 36" Site Plan which includes proposed limits of construction, construction details (sections and plan views, photos), proposed access, topographic information at 2' contour intervals, proposed and existing structures and vicinity map; 3. Documentation of water rights; 4. Corp 404 Permit; 5., Copy of this pre -app form; 6.1 Application fee; 7.' Agreement for Payment form the front desk). preapp ho x1041 I I u�G;1�3i (1 copy only, available at ATTACHMENT E FLOOD PLAIN APPLICATION AND PERMIT APPLICATION FOR A FLOODPLAIN DEVELOPMENT PERMIT An applicant for a permit to engage in Development in a Designated Floodplain District shall submit, as a minimum, three (3) copies of any and all information required (in— cluding maps, requirements, data). The Technical Information and Data required shall be pre— pared and certified by a Professional Engineer, registered in the State of Colorado. NAMEOF APPLICANT: Rill .Johnson - Earth Resource Investigations, Inc. MAILING ADDRESS: P.O. Box 427 Carbondale, Colorad 81623 TELEPHONE(S): 303 - 963 -1356 (o) : 963 -8806 ( h) DATE 9/30/94 NAME OF PROJECT: llo Residence SITE LOCATION: oloo Clarl. lane, Woody Cr eel:, Colorado LEGAL DESCRIPTION (Attach if necessary) OWNERS & INTERESTS (Persons legal, equitable, contractual or the property described above) holding recorded, option interests in DESCRIPTION OF DEVELOPMENT PROPOSAL: See cover letter and attached Corps applicat IS ANY PORTION OF THE DEVELOPMENT PROPOSAL NOW COMPLETE? ( X )YES ( )NO IF YES, GIVE REASONS AND DATE FOR CONSTRUCTION Work began on fish structure installation, culve installation, removal of co bbles and planting of riparian shrubs under nationwide Corps permit 6LJG, J J5 FIRM FLOODPLAIN DISTRICT INWHICH THE PROPOSED DEVELOPMENT IS LOCATED: 2'�n--- /-, PROPOSED DEVELOPMENT IS: AN ALLOWED USE IN DISTIRCT A SPECIAL REVIEW USE IN THE DISTRICT. THE FOLLOWING MAPS OR DRAWINGS IDENTIFYING OR DESCRIBING THE PROJECT ARE REQUIRED: Site location map and zoning of the property; A map showing the stream and channel, the designated Floodplain Hazard Area, the designated 100 —year Floodplain District, the area to be occupied by the proposed development, and all available flood elevation studies, water surface elevations, and base flood elevations; Drawings showing the profile of the bottom of the channel and the thalweg and the water surface profiles; A map with surface view showing elevations or contours of the ground; pertinent structures; fill or storage elevations; size; - location and spatial arrangement of all proposed and existing structures on the site; and location and elevation of streets, roads, water supply systems, sanitary facilities and soil types; Descriptions of any construction activity which would affect the hy— draulic capacity of the floodplain, indicating existing and proposed base flood elevations; Specifications for building construction materials, filling, dredging, channel changes, storage of materials, water supply systems and sanitary facilities; The elevations) (in relation to mean sea level) of the lowest floor (including basements) of existing and proposed structures; Where floodproofing is utilized for a structure, a registered profes— sional engineer or architect shall certify that the floodproofing methods are adequate to withstand the flood depths, pressures, vel— ocities, impact and uplift forces and other factors associated with the base flood; Floodproofing certifications indicating floodproofed elevations, shall be submitted proir to issuance of a Certificate of Occupancy. The applicant may be required to submit other necessary information In order to determine if appropriate design and performance stand— ards have been met. THE APPLICANT REQUESTS A PERMIT FOR A PERIOD OF: 1 - 3u , \c APPLICANT: BY: nom DATE RECEIVED APPROVED (/-< ) APPROVED BY . APPROVAL �3 ED ( ) TITLE �, DATE APPROVE REASON(S) FOR DENIAL APPROVAL COMMENTS AND CONDITIONS VJ A <'� 6 Li CJ j7 rth Resource Investigations, Inc. ndwater Hydrology, Wetland Delineation and Mitigation, I Fish Habitat Improvements, Water Rights Mr. Tom Newland Assistant to County Manager for Project Management Courthouse Plaza 530 East Main, 3rd Floor Aspen, Colorado 81611 Dear Tom: I am requesting a flood plain permit under Code Section 3 -804 (13)(3) for the following activities: (1) Installation of three fish habitat structures; (2) Installation of a well consisting of two buried 24" culverts with submersible pumps; (3) The planting of riparian trees and shrubs to re- establish the riparian ecosystem on the northeast bank of the Roaring Fork River. It appears that sometime in the past the riparian vegetation along the banks of this section of the river was removed. There are currently narrow leaf cottonwood, honeysuckle, and willow seedlings coming back on this site. This project proposes to plant 5 large cottonwood trees as well as 15 riparian and wildlife shrubs within this zone that was denuded of riparian vegetation. The emphasis is on restoring bank stability and improving fish and wildlife habitat. The installation of the fish habitat improvement structures will re- establish habitat previously destroyed when the riparian vegetation was removed from this site and the stream bank was backfilled with cobbles on 9/18/94. Cobbles will be removed from the bank to offset the volume of rock used for the three habitat structures. It is estimated that approximately 15 cubic yards of rock will be utilized to construct the habitat features and approximately 20 yards of cobbles will be removed from the banks to increase flood plain capacity. 417 Main Street • Suite 203 • Box 427 • Carbondale. Colorado 81623 (1� C 'J J j 303- 963 -1356 Fax:303- 963 -0155 October 3, 1994 Mr. Tom Newland October 3, 1994 Page Two The Corps of Engineers approved the project under a nationwide 12 and 18 permit by verbal approval. The contact on the project is Mike Claffey from the Corps Grand Junction office. A copy of the approval and permit application is attached. The wells will be installed approximately 10 feet back from the bank of the Roaring Fork and will not change the profile of the existing flood plain. The buried waterline and wells will be revegetated with sod removed during the excavation. Please give me a call if you have any additional questions. Sincerely, „+ William N. Johnson Registered Professional Hydrologist WNJ:cf Enclosure / 9 C v 72 �\ e� 12A 7 �? .X Woody � 0,,k az \\ A LIMIT OF DETAILED STUDY �iuu;:l4J 7271 A JE AE FEMA FLOOD HAZARD MAP ZONE A 1 ZONE X to 41 ZONE X SCALE 1 ZONE A ATTACHMENT F ADJACENT LANDOWNERS UU 'J41 SEP 28 1 94 03:52PM CHARLES CUNNIFFE Ho Residence 0100 Clark Lane Woody Creek, Colorado 81656 List of adjacent property owners: Alendo, Fernando P.O. Box 4232 Aspen, Colorado 81612 Radeks, Harold J. & Barbara A. P.O. Box 2647 Aspen, Colorado 61612 Ward, James H. & Faylis P.O. Box 849 Aspen, Colorado 81612 Teague, Harry & Anne P.O. Box 147 Woody Creek, Colorado 61656 Bradley, Edward R. Jr. 624 W. 67th Street, 9th Floor New York, New York 10019 Sears, Vera E. 14000 E. Linvale Place Suite 601 Aurora, Colorado 80014 McDonough, Willard William Jr. 419 E. Cooper Avenue Aspen, Colorado 81611 ME udC;')42 CITY JF ASPEN * PITKIN G-jiUNTY ❑JC ORRECTION NOTICE STOP WORK ORDER Job Located at � LA . I have this day inspected this st ucture and these premises and have found the following violations of City, County and /or Colorado State laws governing same: I %ura 70 : rA vL- Y I l'iIm 172 Respond By Photos Taken: Yes U No U You are hereby notified that no more work may be done upon the premises until the above violations are corrected. If you do not communicate with this office by the above date, this matter will be referred to the appropriate authorities for enforcement. Failure to correct the violations may subject you to a civil suit for an injunction, or a fine or both; or to misdemeanor criminal prosecution, which upon convic6o may carry a sentence of fine or imprisonment, or both. Da CitKoun icial / ❑Building Depart t Phone: 920 -5440 C Planning /Zoning Department Phone: 920 -5090 CJ43 DO NOT REMOVE THIS TAG ASPEN /PITKIN PLANNING OFFICE 130 South Galena Street Aspen, Colorado 81611 (303) 920 -5090 LAND USE APPLICATION FEES �' i�/3 - 5090 6 — 66 CITY: ?JJ 1' - 63250 -134 GMP /Conceptual -63270 -136 GMP /Final -63280 -137 SUB /Conceptual - 63300 -139 SUB /Final - 63310 -140 All -2 Step Applications - 63320 -141 All 1 Step Applications - 63330 -150 Staff Approval - 63432 -157 Zoning Plan Check -63432 -157 Sign Permit -MR011 Use Tax for Sign Permits HISTORIC PRESERVATION: -63335 -151 Exemption - 63336 -152 Minor -63337 -153 Major Devel. -63338 -154 Signif. Devel. - 63339 -155 Demolition COUNTY: -63160 -126 GMP /General - 63170 -127 GIMP/Detailed -63180 -128 GMP /Final - 63190 -129 SUB /General - 63200 -130 SUB /Detailed - 63210 -131 SUB /Final - 63220 -132 All 2 Step Applications _ - 63230 -133 All 1 Step Applications -63240 -149 Staff Approval - 63450 -146 Board of Adjustment - 63235 -148 Zoning Plan Check REFERRAL FEES: - 63360 -143 Engineering - County 00115 - 63340 -163 Engineering - City 00123 -63340 -190 Housing 00125 -63340 -205 Environmental Health n PLANNING OFFICE SALES: - 63080 -122 County Code A69000-145 Other (Copy Fees) - O U 44 TOTAL 33 �ru� n �a �1T/� e 5� Co�e.�{ — g 6q 3 z Y 9 7 N B1m: Phone: Address: C 2 D (� Project: D tK t^ 9 /V y ce't atc 71 tc 2- 3 /71 --2 /) ../,l AU Cheek #: DNS: -� No of Copies: / book 36 PA HO MINOR 1041 HAZARD REVIEW MAP SPRINKLER SYSTEMsWETLAND9 RIPARIAN_, AND FISH HABITAT IMPROVEMENT o / SPECIAL CONDMONS : _ - a� r..11 ..i—al r..r....r c1m. 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