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Home My WebLink Aboutbocc.res.048.2014RECEPTIONM 611808, 0711512014 at 09:21:54 AM, 1 OF 7, R $0.00 Doc Code RESOLUTION Janice K. Vos Caudill, Pitkin County, CO RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, GRANTING THE EICHSTAEDT ACTIVITY ENVELOPE AND SPTE PLAN APPROVAL Resolution No. L) -2014 Recitals 1. Carl and Gabrielle Eichstaedt Living Trust ("hereafter Applicant') have applied to the Pitkin County Board of County Commissioners (BOCC") for a one-step Activity Envelope and Site Plan Review for bank stabilization work along the right descending bank of the Roaring Fork River. The purpose of the proposal is to protect private property and restore a severely eroding. bank. A portion of the project is proposed on the neighboring property to the west. The neighbor has consented to the application. The Applicant has also applied for excavation and repair of a basement/foundation wall that is failing. 2. The property is located at 48 Riverbend Road and is referred to as Lot 10 of the Samuelson Subdivision. (Legal Description, Attachment A). 3. The Applicant has addressed all necessary sections of the Land Use Code, including amended sections identified in BOCC Ordinance 24-2008. 4. The Applicant will access the project area and stage equipment via lands owned by the Lazy Glen HOA. P, letter has been provided b, the -1 ,Ty Glen HOA stating their support for the project. 5. The BOCC heard this application at a duly noticed public hearing on May 14ih, 2014 at which time evidence and testimony were presented with respect to this application. 6. The BOCC finds that the proposal demonstrates that this reach of the Roaring Fork River has severely eroding banks, and that the bank stabilization is needed to protect private property. This proposal, if implemented as described, will improve the environmental quality of this reach of the River. 7. The BOCC further finds that the under Section 7-2040 the application has been presented as a bank stabilization project and has been designed for the purpose of restoring, or preventing furthei degradation of the right descending bank of the River. NOW THEREFORE BE IT RESOLVED by the Pitkin County Board of County Commissioners that it hereby grants approval for the Eichstaedt Activity Envelope and Site Plan subject to the following conditions, which shall run with the land and be binding on all successors in interest: 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 2-30-20(g) and Application Manual Section 2.1.12. The above referenced approvals shall be a condition precedent to finalization and Resolution No:iltLC-1014 Page 2 of 4 recordation. The Applicant shall include the area on the adjacent property within the Activity Envelope. 3. The Applicant shall submit an carthmoving/floodplain permit that identifies all areas disturbed by construction and include an engineered drainage plan which addresses how sediments will be contained on site and prevented from being in contact with the River. The floodplain portion of the permit work shall be engineered and state how the river improvements will not impact the 100 year floodplain. All applicable State and Federal permit approvals shall be submitted with this permit application. 4. The permit shall include a detailed revegetation plan that shows native plantings and/or vegetation to the disturbed areas, and larger trees with larger root systems. All revegetation shall occur within one growing season of the project's completion as represented in the application. Financial security for successful revegetation may be required. There shall be no access, pathways, or walkways to the Roaring Fork River. After planting occurs, no trees, shrubs, or other vegetation shall be removed from the bank. 5. 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. 6. A peer review of the bank stabilization portion of the application shall be conducted by a professional capable of rendering such analysis. The review shall include an analysis of the following questions: • Are there any adverse off-site impacts as a result of the bank stabilization proj ect? • If there are adverse impacts, is there appropriate mitigation that could be implemented to counter those impacts? If adverse off-site impacts from the project cannot be mitigated reasonably by the Applicant, the bank stabilization portion of the project may not be implemented and further review is required. 7. The Applicant shall comply with all conditions of the February 5", 2014 letter from Colorado Parks and Wildlife, Attachment B. S. No development shall occur outside the approved activity envelope. 9. All bank stabilization work shall be completed between the dates of August 15' to September 30`^. Basement/foundation repair that does not require access across the River is not part of these date limitations. 10. Statutory vested rights for the approval contained herein are granted pursuant to the Pitkin County Land Use Code and Colorado Statutes, subject to the exceptions set forth in Pitkin County Land Resolution No.v r v -2014 Page 3 of 4 Use Code, § 2-20-1 0 and C.R.S., § 24-68-105. The statutory vested rights granted herein shall expire on May 1 , 2017. 11. 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. Resolution No. !/-(i( -2014 Page 4 of NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 20th day of March, 2014. PUBLISHED AFTER ADOPTION FOR VESTED REAL PROPERTY RIGHTS IN THE ASPEN TIMES WEEKLY ON UlJ��J 177 APPROVED AND ADOPTED at the public hearing on the 14'h day of May, 2014. ATTEST: APPROVED AS TO FORM: John nt mey Case # P0017-14 PID#:246721202013 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Robert A. Ittner, Jr., Chair Date: q APPROVED AS TO CONTENT: \k goal" in y Houben, Community Development Director Attachment A Legal Description LEGAL DFSCILPTION A PARCEL, OF T,AND SITTJ k rE)3 TWIT. CT 54 OF SEC TTON 21, TO WNSIIIP 3 SOLTT , , MN GE 86 WEST OFTME SL\TIi PRTNCIPAL MT.I DW4, MIN N0RT IN'FSTFRLY OF TAE CFNTFRLINB. OF THr P.OARI\G FORK R1VFR, nIC'R COi•4PLETRLY DESCRIBED AS FOLLOWS; BEGMNTNG AT A ?0) NT IN 111$ C1LN7.'FRL.INE OF' HL ROAIUNG FORK RIVER; WRENCI; AVULG POINT NO2 OF'! RACT 65, SAID TOWNSFIIP AND RANGE, BEARS SOUTH 1305111 .FAST 1$0.32 TTFTI THENCE NORTH 54030'00" WEST 137.41 FEET; THENCE NORTH 35030100" EAST 11.5.00 YBET; THRNCT SOUTH 54030'00" EAST 226.60 FFRT TO A POINT IN TIM, CRNTERLINT, OF SATl3 RIVER; T.tIENCE SOU`i'I3 649614" )VEST 99.54 FLET AWV G TM CENTERLINE, OF SAID R1VTrR; THENCR SOUTH 1$031'24" WEST 25.88 FFFT ALONG THE CENTERLINE ON SAID RFV -21,n TO TRE POPC OF BEGINNING. County of Piflun, State of Colorado, also smm n by street and u•.unber as: 43 River Bent] Rond, Iiasnli CO 8162I COLORADO PARKS & �NILDLIFE 0088 Wildlife Way • Glenwood Springs, Colorado 81601 Phone (970) 947-2920 • FAX (970) 947-2936 wildlife.state.co.us • parks.state.co.us February 2014 Lesley N1eWhirter U.S. Army Corps of Engineers Colorado West Regulatory Branch 400 Rood Avenue. Roan 224 Grand .I unction, CO 91501 I2T: Eichstaedt Residence — N\VP 13 Permit Application Dear Lesley. Colorado Parks and Wildlife (CPN) personnel have reviewed the bank stabilization project proposal submitted by Water Resource Consultants. LLC for the Eichstaedt Residence on the Roaring, Fork River. CP\V has no objections to the proposed project, but Would like to request the following best management practices be incorporate by the proponent: • Disinfect heavy equipment, hand tools, boots and any other equipment that was previously used in a river. stream, lake, pond, or wetland prior to tri the equipment to another water body and disinfect equipment again upon project completion. The disinfection practice should follow this outline: a. Remove all mud and debris From equipment and spray/soak equipment with a 1:15 solution of disinfection solution containing the following ingredients: Dialkyl dimethyl ammonium chloride.: -l0`.% by wei_hi; • Alkyl dimethyl benzyl ammonium chloride, ;-10% by weight; • Nonyl phenol ethoxylate, 5-10%byweighc • Sodium sesquicarbonate, 1-5%; • Ethyl alcohol. 1-5"ro; and Tetrasodium ethylene diaminetetraacetate, 1-5%; • and water, keeping the equipment moist for at least 10 minutes and managing rinsate as a solid waste in accordance with local, county. state, or federal regulations; OR b. Spray/soak equipment with water greater than 140 degrees Fahrenheit for at least 10 minutes. Conduct in -channel construction between the dates of August 15 and September 30 to effectively avoid disruption to If spawning behavior and activity. In the permit application letter dated January 27. an alternate timing window of February-lvlarch STATE OF COLORADO John `.N. Hid<en!ooper, Governor • Mike King, Exectrive Diredor, Department of Nalual Resoume_s Bob D. Bmscheid, Director, Colorado Pares and Wildlife Perks and wildlife Commission: Robert W. Bay • Chris Castilian, Ser,retay • Jeanne Home Bill Kane, Chair= Gaspar Pemoone • James Pribyl • John Singletary Meek Smith, Mce-Chair • James Vigil • Dean Wingfield • Michelle Zimmerman [k Offido Members: Mike King and John Salazar was proposed as an option. CPV✓ does not support in -stream work during this period aitd requests the project be completed during the August 15 to September 30 %t indow. Minimize the release of line sediment by visually monitoring turbidity 100 meters clownsneam ofthe construction site. If water clarity is noticeably different 100 meters below the site of disiu Bance than it is above the site, construction activities should cease to allow Nvater to clear before resumim-. Given the short duration of this project and prior communication between Mr. Currier and CPW staff. there are cun'ently no further recommendations. CP\V appreciates the notice and Opportunity to continent on this project. If there are questions or need for further information, please contact Kendall Bakich, Aquatic Biologist, at (970) 947-2920 or "Faylor Ehn; Land Use Specialist. at (970) 947-2971. Sincerely. /er, ildIil'e Manager Cc. Kevin Wright. District Wildlife Manager Paul Currier. Water Resource Consultants. LLC= File STATE OF COLORADO John lh'. Hicken:mpsr, Governor • -'Ake King, Executive Director, Depanmenf of PJalural Reseur,^aS Bob D. Broscheid. Director, Colorado Parks and Wildlife Parks and Wildlife Commission_ Robert W. Bray • Chns Castilian. Secretary • Jeanne Home Bill Kane, Chair • Gaspar Pemcone_ • James Pnbyl • John Singletary Lnark Smith, UceLhair • James Vigil • Dean Wingfield • Michelle Zimmerman Ex ONcio Memters: Mike King and John Salazar