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HomeMy WebLinkAboutcoa.lu.sm.Andrews McFarlin.414 N Mill.A45-95 • CASELOAD SUMMARY SHEET City of Aspen DATE RECEIVED: 0 11 95 PARCEL ID AND CASE NO. DATE COMPLETE: 2737 - 073 -72 -001 A45 -95 STAFF MEMBER: LL PROJECT NAME: Andrews McFarlin River Bank Stabilization Shzwo.V '""_' Project Address: 414 N. Mill St. Legal Address: Andrews McFarlin Condominiums APPLICANT: Andrews McFarlin; City of Aspen; Trout Unlimited Applicant Address: REPRESENTATIVE: Bill Lipsey, Mill St. Milaaro 925 -3734 Representative Address /Phone: 414 N. Mill St. Aspen, CO 81611 FEES: PLANNING $ 215 # APPS RECEIVED 3 ENGINEER $ # PLATS RECEIVED HOUSING $ ENV. HEALTH $ TOTAL $ 215 TYPE OF APPLICATION: STAFF APPROVAL: X 1 STEP: 2 STEP: P &Z Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO CC Meeting Date PUBLIC HEARING: YES NO VESTED RIGHTS: YES NO DRC Meeting Date REFERRALS: s/ City Attorney SC Parks Dept. School District City Engineer Bldg Inspector Rocky Mtn NatGas Housing Dir. Fire Marshal CDOT Aspen Water Holy Cross Clean Air Board City Electric Mtn. Bell Open Space Boarti Envir.Hlth. ACSD OtheR W - CZe uGK Zoning Energy Center Other DATE REFERRED: 6k L INITIALS: L 7,1'U DUE: "' /t7 FINAL ROUTING: DATE ROUTED: `I / 7 INITIAL: City Atty )( City Engineer ning En . He Housing pen Space Other: FILE STATUS AND LOCATION: State of Colorado DIVISION OF WILDLIFE Department of Natural Resources November 1, 1995 Stan Clauson City of Aspen 130 S Galena Aspen, Colorado 81611 Dear Mr Clauson Leslie Lamont, Chuck Roth and I had a meeting last year regarding Bill Lipsey's proposed project on the Roaring Fork across from the Art Museum. At that meeting, we agreed that channel encroachment in this area would be dangerous. Mr Lipsey did "emergency" bank work, adding boulders, during the last high water. Mr Lipsey insists that even more encroachment is necessary- - that more rock needs to be added. I recently went to the site and discovered that the remaining bank is cemented together with what looks like smelter slag, doubtless from a hundred years ago. The bank couldn't be more stable and there is no need at all for any more channel encroachment. During the high water, it looked to me like a meander -loop cutoff was starting to happen. Water was spilling overbank (right bank, just below Ron Krajian bridge) and following the Hallam Lake water line back down to the river. With either another high water event, or with any kind of blockage in the present channel, we could find ourselves with a new channel where the water line used to be. As you know, the City, TU, ACES and the DOW are in the process of reestablishing pure - strain cutthroats in Hallam Lake. Interruption of its water supply would jeopardize this effort. I'd like to propose a moratorium on Lipsey's project. Questions need to be answered before it proceeds: Is there any need for this project as proposed? What is the likelihood that further channel encroachment would initiate a cutoff and water line damage? Is any repair work necessary to protect the water line? Should the original stream margin review be revisited? As I recall, one condition was that there would be no encroachment. The "emergency" work does not conform to this condition. I cannot support this project until these are answered. I would submit that the remainder of the money allocated for this project could be better spent on river work that is actually needed -- for example, downstream from the Rio Grande Trail bridge (Peggy Rowland /ACES area), or the bank repair at and above the Andrews - -- McFarlin Condominium Association c/o River Studio Architects E 414 N. Mill Street Q`� Aspen, Colorado 81611 C ` 'NOV 0 1995 11/6/95 Mr Stan Clauson 9 Sp 4, t Director of Community Development City of Aspen 130 S. Galena Street Aspen, CO 81611 RE: Mill Street River Bank Stabilization Project STAN - -- We would like to respond to the 11/1/95 letter addressed to you from Alan Czenkusch: 1. The "emergency work" Mr. Czenkusch refers to was approved directly by the City of Aspen thru you (verbally) and by the COE (see attached memo from Grady McNure). Mr. Czenkusch was asked if he would like to oversee this work and refused (stomped off in a huff as I recall). Every one of the property owners here is thankful this permission was granted - - -we believe it prevented extensive damage to our property. The intent of the "emergency work ", as stated in Mr. McNure's letter, was to first protect our two buildings against the ever - rising raging waters and then rearrange the rocks per the approved bio- riprap detail when our other stream bank work was done (when we had equipment in the river). There was never any intent to create a permanent encroachment to the river channel. Since Mr. Czenkusch was copied by McNure, its hard for us to understand why he doesn't comprehend the unfolding of events. And if he is so concerned, why didn't he participate when asked? 2. Mr. Czenkusch states "the remaining bank is cemented together with .... smelter slag." Not being soils engineers, we don't know what kind of material the bank contains. We do know that the 1984 high water event started seriously eroding this bank and that the previous owner was forced to protect it with the addition of large rocks. You can contact Clyde McFarlin directly at 927 -4761 to confirm this. There is clear evidence of additional serious erosion from this summer's event. As property owners, we could not afford to roll the dice and take the chance that a bank blowout like the one that ocurred above the kayak course this summer would not occur on our property. Something as unpredictable as a fallen cottonwood tree in the middle of the night could precipitate a destructive change in the course of the river at any time. We need to have our protection in place. 3. Mr. Czenkusch alludes to a "meander loop" starting to form across the Art Museum property. Flooding was ocurring on the Art Museum property BEFORE we took the "emergency measures" to our riverbank. In fact, this observation raised our concern. Two comparatively large river projects were completed just above and below our property after the 1982 event: 1) The kayak course 2) The new bridge over Mill Street. Might these be related to the flooding of the Art Museum property? Or perhaps it was simply due to the unprecedented high waters. I suspect no one knows the answer. Regardless, we strongly object to Mr. Czenkusch's irresponsible insinuation that our "emergency work" caused the flooding. Mr. Czenkusch has been a solid supporter of this project from the beginning (over 2 years ago) and his surprising flip flop might may be based on not having all the facts and /or being out of the decision making process. Regardless, his total negativity, as evidenced in his letter to you, threatens a project many people have worked long and hard on. We have spent 2 years on the tedious and expensive approval process to stabilize our river bank, provide trout breeding habitat and provide attractive public access to the river's edge. We have all the necessary approvals from the COE and the City of Aspen, our financial partner in the project along with Trout Unlimited. We have begun the work and need to finish. It's fine with us if Mr. Czenkusch supervises the work as called for in our approval from the City but given his recent letter and that he has twice refused to participate when approached, we are asking you to appoint an alternate supervisor, such as Chuck Roth, so that we can get on with it. We have an excavator lined up and hope to hear from you ASAP so that we can still finish up this winter and have the worrying behind us when high water hits again next summer. Sincerely yours, William Lipsey 7/1/,4-Ar^ Donnelley Erdman `G62. spokesmen for: Andrews - McFarlin Condominium Association Harry Teague George Stranahan Michael Martin Donnelley Erdman Janet Garwood William Lipsey Suzanne Reid Al Byer Willis Pember \ D EPARTMENT OF THE ARMY ',✓ a F. U.S. ARMY ENGINEER DISTRICT, SACRAMENTO a ' i : i n CORPS OF ENGINEERS i t?, ..J J ATTEN 1325 J STREET � � uv .H TO SACRAMENTO, CALIFORNIA 95810 -2922 ATTENTION OF June 5, 1995 Regulatory Branch (199475394) Mr. William Lipsey 414 North Mill Street Aspen, Colorado 81611 Dear Mr. Lipsey: I am responding to your written request dated May 31, 1995, concerning your bank stabilization project along North Mill Street in Aspen, Colorado. We have verified authorization of a bank stabilization project under Department of the Army nationwide general permit number 13 in a letter to Mr. Alan Czenkusch of the Colorado Division of Wildlife dated October 21, 1994. According to your May 31st letter, you will not be able to complete the project this spring due to rising water levels. However, you are concerned with the expected higher than normal runoff and the possible damage to your/river bank and buildings that could occur. You have requested to place some of the rock required for the project on the bank below ordinary high water in critical areas that you believe may erode. You are authorized to place the rock under the nationwide general permit number 13 provided you adhere to the terms and conditions of that permit (copy enclosed). We caution you that simply placing the rock on the shoreline without keying it in or, at least, interlocking the rock, could create problems. If the rock falls into the channel, the channel will be directed behind the rock with increased velocity which will cause severe bank erosion. We expect you to complete the project during low water this year as proposed in Mr. Czenkusch's October 1, 1994 letter to this office. \ , ' l PLease refer to file number 199475394 in any future submittal to this office concerning this project. If you have any questions, please write to Mr. Michael Claffey or telephone (970) 243 -1199. S' cerely, • ra• McNure estern Colorado Regulatory Office 402 Rood Avenue, Room 142 Grand Junction, Colorado 81501 -2563 Copies Furnished: Mr. Alan Czenkusch, Colorado Division of Wildlife, 473 Mountain Laurel, Aspen, Colorado 81611 2. MEMORANDUM TO: Stan Clauson, Community Development Director FROM: Leslie Lamont, Deputy Director DATE: May 17, 1995 RE: Andrews McFarlin Stream Margin Exemption SUMMARY: Bill Lipsey, as representative of the Andrews McFarlin Condominiums, requests a stream margin exemption to stabilize the river bank adjacent to the building located at 414 N. Mill Street. The condominium association received a grant from the City of Aspen to facilitate the bank stabilization. Staff recommends approval, with conditions, of the stream margin exemption. APPLICANT: Bill Lipsey LOCATION: 414 N. Mill Street, Aspen, Colorado ZONING: S /C /I APPLICANT'S REQUEST: Stream Margin Exemption to stabilize the river bank. REFERRAL COMMENTS: Please see attached referral from the Engineering Department and the Parks Department. STAFF COMMENTS: The applicant has proposed to create a "bioriprap" wall between the top of the bank and the riverbed to stabilize the eroding river bank. The applicant received a $5,000 grant from the City Council to help with the stabilization work. Pursuant to Section 24 -7 -504 B. the expansion, remodeling or reconstruction of an existing development shall be exempt from stream margin review if the development: a. does not add more than 10% to the floor area or increase the amount of building area exempt from floor area calculations by more than 25 %; RESPONSE: N/A b. does not require the removal of any tree; RESPONSE: The river bank work will not remove any trees. c. is located such that no portion of the expansion, remodeling or reconstruction will be any closer to the high water line than is the existing development; RESPONSE: According to the application, new boulders and vegetation will be installed no closer or further away from the high water line. The application also claims that there will be no alteration or relocation of the water course. The application states that the bioriprap has been designed by Alan Czenkush of the Dept. of Wildlife and the Alan will supervise the work in the field. Mr. Czenkush has stabilized other areas of the Roaring Fork River in the City of Aspen and is highly recommended for this type of river work by the Army Corps of Engineers, the Division of Wildlife and the City's Parks Department. d. does not fall outside of an approved building envelope; and RESPONSE: The development does not fall outside of the existing approved building envelope. e. is located completely outside of the Special Flood Hazard Area and more than one hundred feet from the high water line of the Roaring Fork River or the expansion, remodeling or reconstruction will not cause an increase to the amount of ground coverage of structures within the Special Flood Hazard Area. RESPONSE: The applicant has received a nationwide general permit number 13 which authorizes the discharge of dredged or fill material in water of the US for bank stabilization projects. Conditions of approval for this permit are attached as Exhibit B. RECOMMENDATION: Staff recommends approval of the stream margin exemption for the Andrews McFarlin condominiums to proceed with bank stabilization work as described and detailed in the submitted application and attached, with the following conditions: 1. Only Mr. Alan Czenkush may conduct the work and must be on- site supervising at all times during the work. As an alternative, the Army Corps of Engineers and the Division of Wildlife may authorize a representative to conduct the work in Mr. Czenkush's absence. 2. The portion of river bank that is to be stabilized must be staked prior to the commencement of work and the 100 yr. flood line shall be indicated in the field. The Engineering Department and Parks Department shall review the field indicators before the commencement of work. 2 3. Conditions as outlined in the Army Corps of Engineers FAX dated November 1 shall be followed. 4. The bank shall be stablilized to a height at least equal to the elevation of the 100 year flood line. 5. All material representations made in the application shall be adhered to or this approval is void. 6. Prior to the commencement of work, silt fencing shall be installed by the applicant and inspected by the Parks Department. I hereby approve the Stream Margin Exemption pursuant to Section 24 -7- 5 of Aspen Land Use Code. QQ Sta o� Community Development Director cc: Engineering Dept. Parks Dept. Bill Drueding, Zoning Officer EXiIBIT A MEMORANDUM To: Leslie Lamont, Planning Office From: Chuck Roth, Engineering Department ec Date: May 12, 1995 Re: Andrews McFarlin River Bank Stabilization Stream Margin Review (414 North Mill Street; Andrews McFarlin Condominium) Having reviewed the above referenced application, the Engineering Department has the following comments: 1. Emerggncv jteview - We have been asked to expedite the review on an emergency basis. 2. Army Corns Approval - Their letter references placing "fill below the ordinary high water mark." I believe that the intention is to protect the bank to the height of the 100 -year flood plain elevation. If not, the approval should be with that condition. That is, the bank must be stabilized to a height at least equal to the elevation of the 100 -year flood. 3. Stabilization Plan - As stated in the application, the plan and the personnel are the same as was employed at the Aspen Art Museum. The Engineering Department recommends emergency and formal approval of the plan. 4. Property Ownership - Note that much of the river bank to be stabilized is on "unplatted" land. Presumably the title to the land would accrue to the City through legal process, by adjacency to the North Mill Street public right -of -way, and by City ownership of the Aspen Art Museum property. 5. Other - As provided for in stream margin development requirements, the applicant is required to minimize disturbance to the river bank and sedimentation in the river during the project. cc: Stan Clauson, Cris Caruso M95.111 1 MAY.17 '95 6 :09PM, i-.. P.1 MEMORANDUM TD: Leslie Lamont, Cornnwmty Development THRU: George Robinson, Parks Director FROM: Rebecca Baker, Parks Department DATE: May 15,1995 RE Andrews McFarlin Riva Bank Stabilization Stream Margin Review We have reviewed the application sobemdtrod for strewn bank stabilization for the Andrews McFazlin Comdortdniums. The application states tint the City is a co-applicant on this project Unless this project is being overseen by another department, I don't believe the City is aerially a co- applicant Trout Unlimited has received a grant from the t3ty for ties project, however, it should not be inferred diet the City is a co-applicant The application states that Alan Czeacusch will be overseeing this project I know Alan is suppose to be out of town until hoe. We would like to ensue as a condition of approval that Alan be p¢eaait before any work is begun in the rive. This project also must only stabilize the bank and not regain lost area by previous bank erosion. The only other comment in regards to this utter is die project rangers must purchase and install wit fencing along the area to be ' p d to protect silt from mmaaing the river. SENT BY:COE WES COLO REG ,. 0 3 2# 1 2 303241-A8) f21 -8778- EXHIBIT B -FAX HEADER. SHEET us. ARMY COM CIF BEIGINEEM SACNAMENTO =MT verrERN COWL= amanatr ours 402 ROOD AVIENDE, Ws 142 GRAND AINCTIDIt coLORADO 11501-2563 0103)2434lis FA7CNO. (204241.u5s DATE: / TO: La z FROM47xhei. WESIERN COLORADO REGULATORY OFFICE MEASEWS SIGNATURFfr---2 NUMBER OF PAGES TO FOLLOW: COMMENTS: SENT BY:COE WEST COLO REG i - 1 -94 3:29PM : 30324_ .a8- :14 2 . be minimal. the District Engineer vim' provide a timely written response to the .pplismet informing him that the prolate son peened under the terns and aaditlens of the nationwide prig. te). Wetlands Delineations: Wetland delineations must be prepared in.ccordence with the current method requird by the Carp. the tenittee way ask the Corp. to deftest. the speeiel 'ousel; site. There asy he sate delay if the Corp dens the delineation. Furthermore, the 70•day period will not start until the wetland delineation has been completed. (f) Nitipatlant Factors that the District Engineer will consider dun determining the acceptability of apprapri.te and practicable intimation include, but ere nee limited tot (1) Te in praetteeble the mitigation sot be imitable and sapeble of being date considering cots astatine technology, and leg, ttics in light of .vend project p..,.. : (2) to the extent apprspriste, permitting should consider mitigation Winking and ether fors of mitigation including aMrlbutiens to wetland trot funds, MIA contribute to the red len, ereefwy replacement, anhanewnt, Or preservation of wetland!. furthermore, examples of mitigation that may be ',preprint and practicable locus but are net limited tae reducing the vise of the projects establishing buffer totes to protect mint's mares slues; and repining the less of Epistle ✓ emeurer veins by treating, restoring, and afwelng similar MYtetiers and velw. 1n addition, etttn suet nt street impacts am/ a cannot be used to affaat the screen of weird lesser thee would occur in order to wt the peruse limits of some of the nationwide permits (e... S acres of wetlands swat be crated to change e t acre Ins of Wetlands to a t sera leas; however, Mg 3 created sera can be used to rods' the imposts if the 4 acre leas). S ECTION 404 ONLY CONOITION/i if addition to the benerst Conditions, the fellain eesitiaa apply only to activities that involve the discharge of dredged or fill seteriet and stout be followed In order for sthoritatien by the nationwide penile to be solids t. Writer soppiy basins, am dtschern of dredged. or fill material pay. Maur in the prnlmity ref ■ Witie meter apply intake except where the discharge is for repair of the public meter supply intake structures or *distant hank stabilit.ttan. 2. lihehfish production. Ys discharge of dredged or fill material may occur to arose of eeneentrated shellfish production, units the discharge is directly related to • shellfish harvesting activity eutorited by nationwide pelt 4. 3. Sukabia motwdel. ho dlseh.rge of dragw or fill starlet mny consist of unsuitable starlet (e.g., trash, debris,nr Iodin etc.) and motorist discharged must be free ire taxis pollutant• In toxic amounts (sex section 301 of the Clain Meter Ant). 4. Mhigation. Discharges of dredged or fill motorist into meters of the united States ant be minimised or avoided to the anima extent practicable et the project site (1.e. arait.).unlns the DE has approved a conemstlen mitt/etlon plan for the specific regulated activity. II. Spawning areas. Discharges in aptMng areas during spawning nnn rot be avoided to the maximum intent Fatigable. if. betniedo r d biph Ibvn. to the visa extant insttnble, discharges net rot penitently restrict or Weds the t�wod passage of mint or expected kigh from or saute the retention of the meter (unless the primary purpose of the fill 1a to meter.). 7. Adverse Impacts fr.a bnpeuMmanta. If the discharge tremble on igsetnt of meter, adverse feints en the agnate syata caused by the accelerated pang' of star and/or the rstriction of its flow shell be minimisd to the wta.n extant practicable. IL Waterfowl br..a 5 arose. Discharges into breeding arse for migratory waterfowl rest be avoided to the modes extant proctlaabt.. II. Removal of to n every file. Any temperer/faro must be removed In their entirety and the effected ants retuned to their preexisting etavetion. • • lhbfamel Camdition for the eeat. of Womb: The following condition is added to the Eeation 444 On Condition, number 3. 1 . , , • • • $ENT BY: COE WEST COLO REG � — 1 -94 3: 21PM ; 30324_ a8:+-�+�) ;14 2 w) 12. Utility Line taekfq.nd seddwg. Discharges of starlet for k.cktill or hsddiry for utility lines, including outlet' end intake structures, provided there Is no chary. In preconatr:etion contours. A vtatty line" 1s defined a ay pipe er pipeline for the trenap•rntlon of oy pastas, liquid, Iigsltabie. w slurry substance, ler sty purpose end any table line, or wire for the transainfwn for cry purpose of electrical energy. tolerant and telegr.ph wssges, end redlo and television ••+••aicatten. rho tiff 'utility linen does not inNude activities which drain a valor of the IPdted States, such is drainage tile, however, it does apply 0� o Ap i ~ ing teen drainage another ted States a Materiel rawltIm freee trench exenwtion May be temporarily provided that the neteri.t is net pissed In lush winner that it Is ddsperssd by currents or other fees. the DE May aatanw tM period of tuguery s1de- casting w to 1110 appropriate, rho area of wars of the United Sesta that i* disturbed suet ba limited to the minimum nesaary t saMatn the utility line. In wetlands, the top P to 12+ of the trance should generally be Mekfill•d with topple free the trench. Suess Material must be raved to =levies= irrdtat•ly upon e.pletien of construction. Any WNW alepes and etrea h whet be et.blllted immediately wan eoapletien of the utility line. the utility line Itself will require • Section 10 permit If in nevlpble Maters of the United Stets,. (See 33 CFI Fart 3222. (Section 4041 111 111 0 111iilibidelet Sank •tdittsetian activities necessary for erosion prnentlan provided: e. .s =eerie! is pieced In caps of the minims needed for ernfon pntaetle: b. The bank stabilization activity is lass than SO0 foot in length; c . d the ordinary hhigh meter mark r qa high tideli e we cubit yard per running foot plaid elms the bank beige the plane d. No material is pieced In ere spacial meanie sits,lwlueing wetlands; e. So material is of the type ar 1s placed In any location or in any menu so as to Impair surface meter flaw into • or out of any wetland greet f. as Materiel is placed If • elm= that will be eroded by normal or =petted high flow (properly anchored tree* and treetop may be wad in iew rangy erou2; and, d. the activity Is part of a single and =epic= protect. Bank stabilization activities In nee= M SO0 het in length .r Er then of oversee of w obit yard per ruining foot gay be authorised if the pawittee notifies the district engine= In =sentence with the "Mtificetis n" sanest condition and the district agineor determines the activity colones with the ether tares end conditions of the nationwide pewit and the adders* oulreneantel inputs are minimal both bdlvidueliy and cumulatively. (Sections 10 wei 404) 14. NOM Crossky, Fills for reeds erasing waters el the Ignited States (including wetlands wd other special aquatic attest provided: .. the width of the f111 is limas to the minimum necessary for th. actual grossing; b. the fill placed in maters of the Ibmited States is limited to . filled arse of he mare that 1/3 man. Fwrtl4ners,ne we than a total of 200 linear feet of the fill far the row_, tan occur In special ascetic situ, including w.tlands; C. The high flair and tidal NI?n I sm l ed, bridged or otherwise d uigned t to prevent e restriction of, emits withstand, 'vetted prevent the restriction of law flaw and the moment of aquatic ersoniams; IL tenet for crossiinari/s. crossing, including 9. auldteeddtB�t ;f a nd, been te�erary led tenement, is pert of ■ single and templet. O. For 9111* in apeel.t Aquatic situ, tneluding wetlands, the puffin notifies the district menu in easeedansa with the "a.tifiationm general condition. the notification must else Induce a definition of affected uncial agatic ante, (wlIdina attend. Ala UM rood (Kal e Sly yt 111 1 blea to the r x t fres t*1 need for a Bohlen 404 permit altogether (see 33 CM 323.4). of establishing applicability of th!e n atiormis permit. (Sections s 10 1 anS 404) tone 'expected high flame+ for the purpose ti. U.S. Coact Otwnd App.wrd PidgeS. Dluhargea of dredged or fill ..tenet incidental to the construction of brides serum nevlpble esters of the units Oahe, inducing cstferdaae,aanmu,n, feu datio meals, piers, w tomperary eaatrutlan and ..coos fills provided gush discharges have been authorized by the U.S. Coast Surd u part of the bride* permit. emd fills are net included in this natio permit Mad wilt r.. germ en Individual it regional Station 40 � 7m C Seat on 4O4) 1f. Merin Water lcunn (2pi.nd Can.inad Olepoul Ant. Saturn meter has M ! 111. bodging Itself requires disc/urn w and, cMtt Sites. material d wat a armalned disposal area isadelni;irst'rely defined a s s gebla t of the dredged wearl mi b y 3 CFI 3 dj v e wt free . m disposal itself secure on do glad w us un thin d net Settle ECU 33 en Jd u t se is the technical requirement for Sutton 404 permit for the return water wher the quality thi s twin utter punk emtl b the sugh the Section 401 certification prs+•lhes. (Section 404) pity a( the return wear Ice controlled try W 17. ifyinumnv, Pan js.. Discharges of *Weeder fill wterid associated with bat +malt hydropower protects a existing rea.rysiM project, Mich Inets.s the fill 1s licensed ?strut power Act of 1020, N a..dedm end hes a total ratl by hu tw are t an Soo Ku L and the p prate= ,twat eh. mender= with the Ma general .f n led d teen Soon a, and the to which notice= ti the district engineer 1n has granted an exemption free Meting purulent t Im, 4C$ nof.l a E ner yn; (b hydropower 110 p U. S C 1 S72/05 the Inc and Section 30 of the Federal Parer Act, •s . d Section d of ns ttn h Security i its t e d t i c t gi ee r.0 S 2 tor an 27002 the miatffitation" general condition. (section 4O4j ! � she prmittem notifies the district engineer in accordance with SENT BY:COE WEST COLO REG ■ — 1 -94 3:22PM i 30324... 5B9 :# 3 3S. meet Re.nps. astivitin required for the *Instruction of best rap providdt ■. The discharge into waters of the United State does not meted 50 obit yards of concrete, reek, crushed stone or gravel into fern, or placement of pre eat concrete planks or slabs. (Unauitebti motorist that omen wasentable *helical pollution or is structurally unstable is not autberitd): b. The bat ramp sirs not exceed 30 fast i1 width: 0. The base motorist is crushed stone, gravid r other suitable material; d. The excavation fa liaised to ;Res area necessary for alto proparatlan ad all serrated tutorial 1m moved to the stand; and e. mo material is ptaed in special aquatic sits, tncludilr wetlands. Dredging to preside aeons to the bat rap may be autharlted by conker 11P, reefer( sorrel permit, r individual permit prawn to Section 10 If located in navigable waters of the United States. (Satire 10 and 404) 117. Emergency Wstenhed lirstesden and Robabradm. work deem Oyer folded by the Sail Conservation Service raltfyinq s an •exigency situstien (requiring immediate stten) under its Iorpsmy wotarthed Protection Proves (7 CPI Part 634) and hart done OP funded by the Serest Service rtdn its Burned•*.. ilaoremhty Rehabilitation Rented (/See 101.13) provided the ;'. strict engineer is rotifid in accordance with the notificatin perm erudition. (Air sac 33 CIS 330.10)). (Sections 10 ins 404) 3!. Cleanup e( Natadous and Toxic Weata. specific activities required to effect the c.ntaiment stebi litatien r removal o f hazardous or toxic wt* ateriala that are performed, ordered, or remand by a goverment wormy with established legal o r romulaterx authority provided the perainme notifies the d(atrict edina.r in teatime with is esottfIeetiarr genet coditin. For discharge to special rustle altos, Whaling wstlgde..0te notificatio oat ale frets* a dMtnatian d effected special 'vatic site, inludiq wetlands. cart ordered nmodiat action peas or related settlements are else authorised by this nationwide permit. This nationwide permit diem not eatkar(se the n tsblishmatt of new disport site r the bapamin of existing sites wad for the disposal of warts or taxis m ato. (Sections 10 and 404) 3h!. RESERVE) 40. Farm lulidings. Discharges of dredged or fill materiel into jurisdictional attars (but net including prsirto potheln, P iaya lakes, er vernal pools) that were to agriculture( crop production prior to December 23, 1157 (i.e., farmed wtts.e) for foundations and building pods for buildings or asriculturat rslstd structures necessary for farming activities. The discharge will be limited to the minis. necessary but wilt In no ease exceed 1 art Ogg the 911niaitatiw r Cation 404 only nnditin). (Sactiat 404) rfeeld a Egigillr =MAI. CONOrONS: The fettwirr tumoral trillions mat be fellmwd larder for ant wthrttattn try a nationwide petit se be wtid: 1. Navignfen. I. activity my muse ire ten a aintra adverse effect en leeviption. 2. Propr vna n enance. Any stricture or fist outhunted shalt be properly molnteined, inctSitq maintenance is rewire public safety. 2. Erosion and siltation aanveb. A(proprtate maim and *that(* controls gist be used and maintained in affective operating codition during cerotrution, and oil exposed sell and other fist. cost be permanently stabilized st the monist pecttnbl. date. 4. Agatie ife movements. et activity gay substantially disrupt the merent of Skase ,peals of agatte life Indlpsia to the woterbadr, inclidiry these victim which normally algrste tdwmgb the area, unless the activirs p`iory pains is to impart water, 5. Equipment. Leavy equipment marking in atlsds mat be placed on ate or ether assures mat be token to Waffles sell disturbance. 0. Rsgionol end case.byoaseasdldons. The activity oust reply WW my regional ceditie a which my have brim added W She division engineer (see 33 CPI 730.4(e)) and any ease specific eadlt(n SSW by the Corp. 7. Wild and lento Riven. Re activity may err in a ceepennt of the hatlaul Mild and Scants giver Systole or In o rivr efflsielty designated by Contras as a Study rivers for possible (retain In rho m itaa, while the river Is In sn efflciel study status. infometlon et wild and Scenic Rivers cosy be 'brined fro tie Satire% Park Service sal tits 0.m. dereat Safvin. S. ;;Real rights. Rea activity r Its eperatlenmoy (pair reserved tribal rights, including, hit net lialted to fnarred atr sights and treaty flaking oS hurting right'. !. Water quality metMaation. in certain states, an Individual state meter quality artiftcetirr moat be obtained at walvd tee 33 Celt 330.4(.1). 10. Cabral :ene man*gomam. In certain states, an individal stet* marl tone monument snciateney eamwrnmro mat e obtained or wHvgd. tale 33 01 33..4(d)). 5ervi nnLut COLO RES - 1 -94 3:23PM : 30324_ 11. Endaag1.ed Specie. wo estivtty is autherfted under any Nue which is likely to Jeopardize the continued existence of s threatened Or endangered spatial ar a species proposed for suck desipytion, es identified under the Federal Endangered Specie, Act, or which is likely to destroy er aeversely edify the critical habitat of such epodes. ran - federal penalties" shall notify the district engineer If any listed species er critical habitat 4t4AL be affected or is in the vicinity of the Dreject and shell not begin work on the setfvity until notified by the district engineer that the requirements of the Indingered SSp Act have critical habitatt con that the U.S. Fish and Wildlife Service the location rails l Me Fisheries Service. see 33 CFI 330.4(f)) R r 12. Mimic properties. No activity which nay effect electric properties listed, or eligible for listing, In the rattan.' rce p historic Plates is authorized, until the DS has complied with the provisions of 33 VI 325, Appndla C.• The prospected to be a mu t notify the district engineer If the authorized activity ay effect wry historic properties listed Register of Meteoric Places, and shall not begin the uitirottiified y the may be ■l gibe far latt nth. mint o f the Motional Motor's Preservati Aet have been satisfied and that the activity is authorized. Inforaila, on the lece existence of historic resources can be obtained frog the State Historic Preservation Office and the battens' Register of nitwit Hum (see 33 CFI 330.4(e)). 1a. Natlikation. (al Mere required by the tern of the NUO the prospective penitent oust notify the District Engineer as early as possible end shall not begin the activity: , i (1) Until ratf fled be the District Engineer that the activity ay proceed fir to ION with any apaiat Rendition" ape by the datriet er dlvlsln.ngbwr; or (2) If notified by the District or Division engineer that an Individual permit Is required; or (3) Unless 30 days have passed from the District Enetneer's receipt of the notification end the prospective permiitttot has rice received suspended, from Me District or. Division Engineer. 'subsequently, the pnrrlttee's right to proceed under or revoked only in accordance with the preeedure tot forth in 33 CFR 33D.S(d)(2). lb) The notification at be In writing and include the following information and any rewired fine: (1) Name, address end telephone :saber of the prospective pnmttta; (2) location of the proposed project; (3) brief description of the proposd project the prefect's purpose: direct and Indirect ethers. environmental effects the authori end pert of My other once) regional senate permits) a irdtvidual permit's) wed or intended to be used to pronged project or sear related activity; (a) Were required by the tern of the Nam, s delineation of affected special aquatic tits, Pleading wetlands; and (S) A statement that the prespsctin prmlttee has enacted: (1) Tbe teSPI /roles ►gsrdfn the presence of any Federally listed to ay be affected wed fa tisa ernd or intonation species er critical habitat in the permit area that provided by theca agencies. (The penpnein prsttta may contact by proposed Of project; wed any available ant and lists a critical habitat.) ogre. District Offices car ueF1RR/mift gouty eattaes End (11) The SNPO regarding the presence tf wy historic properties In the permit era that say be affected by the proposed project; at the available inferaion, if ny, provided by that agency. • (e) The standard individual permit apptteatin form (fora EEG (343) My be used a the notification but must clearly indicate that it is . PON Ertl not Include sti of the Information required In (b)ci)•(5) of general Condition 13. (d) In revievine en activity under the notification procedure the District Engineer will first determine whether the activity rill result in more then minimal lydtvlduai er tannin adverse nvirorwntat effeete or will be contrary to the public Interest. The prospective permittee ay, at hie spun submit a proposed mitigation plan with the predischarge notification Engineer expedite the process end the District Engl:r wil consider sy eptisml Ntlptfen the applicant hag included in the In determining whether the nn adverse nvirmwntal effects of the W amider any comments from federal and Predated cti aye mime'. The t District noes Wr and Conditions of the nationwide agencies concerning reeks* proposed prd project's compliance a on with end CII and minimal tevat. The district engineer red the and at few fof a o to a the, d lad' tely ( s. Toenails diem a ■ overnight ail or ether noontime eryt o will yon yet. tt h of .. notification provide w and tdli. }S ervice ttuwtlain resource or water senc 1 Ammer) i copy to the appropriate offices of the rich old ism. VI Service, ept netting qu l t eoncr, EPA. and. a it s reprises, the National s is Fisheries s tO tat. oval the exception of a' 3y, thus. Ipmneia will the eve 3 satrap drys from Me dote the material 1s ttca tied is totaFAYN the District Enema' 1f they intend to provide atbstantiv, site- specific comments. If a contacted by M tee Di Goner will welt an additional ID atear days before eking t decision n the notification. The District Engineer rill fully consider cueants received within the specified itoe franc but will provide no respsa. to the resource afer:sy will indicate in the, adaintetrettw record associated with each notification that arm Hennes' co E WI r co siderd: Applicants are enseurseed to provide the Corps salttpte copies of notttatlons t. ie nt node comma were If the District Engineer 'Storming' a a s that the activity complies with the tens ndltters of the SP MW that adverse effects are minimal. he will notify the persttta and include any gentias he deer neceary if the District Engineer determines that the adverse effects of the proposed meek ere gore Mn minis', then M wftl notify the applicant either. (1) that the project does not gasify for autalutin under the S and instruct the ap�pplawn in the proeadNn to sash authorization Ceder an %diatom, permit) or (21 that the ember Is authorized fader the n thmulde ((fihee applicant's submitting a mitigation proposal that would reduce the adverse effects to the minimal towel. lIt This j Miipuut.n proposal must be approved by the Distrtet footmen prier to emencing work. If the Prospective pe mitres elects to submit a mitigation ptan, the DE will expeditiously review the proposed a lepton, but w i l l not commence a senrd 3D•day notification A'mctdurv. If the net adverse effects of the Willett (with the mitigation ptepaet.)are determined by the District Irminger to MILL STREET MILLAGRO CORPORATION 414 NORTH MILL STREET ASPEN, CO 81611 5/3/95 City of Aspen ATTN: Leslie Lamont Planning & Zoning Department 130 South Galena Street Aspen, CO 81611 Re: Application for: Bank Stabilization Roaring Fork River Property (across from Aspen Art Museum property) LESLIE - - -Per your letter of 2 May 95 we have enclosed the items you requested: 1. Section of River Bank showing proposed bio- riprap drawn by Alan Czenkusch (was included with original submittal) 2. Copies of conditions of approval from Army Corps. As you know we are very nervous about the record snowpack that will be melting off this spring and the havoc it could play with our river bank and buildings if we do not get the river bank improvements in place ASAP. Because of this unusual urgency, please do what you can to expedite the process. Sincerely, In/L/iyg1 - r William Lipsey, AIA MILL STREET MILLAGRO CORPORATION 414 NORTH MILL STREET ASPEN, CO 81611 4/11/95 City of Aspen ATTN: Leslie Lamont Planning & Zoning Department 130 South Galena Street Aspen, CO 81611 Re: Application for: Bank Stabilization Roaring Fork River Property (across from Aspen Art Museum property) LESLIE - -Per our pre -app meeting on 6/10/95 we are making formal application for the above project. It is our understanding that this application is required in order to provide the Planning Director with enough information to review, exempt and sign -off on the project without the requirement of a Public Hearing. At your suggestion, we ask that the City waive the application fee for this project - - -as was done on the Art Museum Project -- -since they and Trout Unlimited (a non profit organization) are involved as partners. PROJECT SUMMARY: The Owners of the Andrews - McFarlin Condominium Property (across the Roaring Fork River from the Aspen Art Museum) and Trout Unlimited received a $5,000 matching grant from the City of Aspen to make riverbank improvements. We propose to stabilize our river bank which was seriously erroded by high water runoff conditions such as the 1984 flood that nearly destroyed the Aspen Art Museum. A couple of cottonwood trees fall over every spring due to bank erosion creating a dangerous and environmentally unfortunate situation. The river bank along the subject property will be stabilized with the installation of large boulders and vegetation to the extent that a $10,000 total budget will allow. In addition, the project will provide improved trout and riparian habitats and better pedestrian access to the river. Our proposed improvements will be very similar to those done along the banks of the Aspen Art Museum in 1992 by the City of Aspen and we have used their application as a guideline. • The work to be done has been designed by Alan Czenkush of the Department of Wildlife. He will also be in charge of supervising the actual construction. We are hoping to gain the necessary approval and complete the work in May 1995 before the high water runoff begins. APPLICANTS: Andrews - McFarlin Condominium via Owners of Building B, the Mill Street Milagro Corporation, consisting of Bill Lipsey, Don Erdman & George Stranahan. Trout Unlimited City of Aspen LOCATION: See attached legal description & map REQUEST: Stream Margin exemption by virtue of Planning Director signoff. STREAM MARGIN REVIEW EXEMPTION CRITERIA: We were asked by Leslie Lamont to address the 5 Exemption Criteria individually. The numbers below refer to Sec. 7 -504 B of the City Zoning Code: 1. We are not adding any floor area to either building on the property. 2. We are not removing any trees from the property. 3. New boulders and vegetation will be installed no closer or further away from the high water line. There will be no alteration or relocation to the water course. See the attached bio-riprap sketch designed by Alan Czenkush. 4. No work is taking place outside of an approved building envelope. 5. The project has been authorized by the COE general permit No. 13 for bank stabilization. See attached aproval letter from COE. ATTACHMENTS: 1. Land Use Application Form 2. Letter from Jay Hammond, Schmueser, Gordon, Meyer, Inc. 3. Street address and legal description of property 4. Title insurance disclosure of Owners of Property 5. Letter from applicant designating authorized representative 6. Property survey & vicinity map 7. Sketch of proposed development 8. Permitting letter from Corps of Engineers 9. Response of notification of FEMA 10. Copy of written notice to Colorado Water Board 11. Signoff by majority of Andrews - McFarlin Comdominium Owners Sincerely, William Lipsey, AIA MAO 1 _... LAND USE APPLICATION FORM ..,,,. 1) rroject Name Roarilttrk Bank Stabilization Project 2) Project Location Andrews McFarlin Condominium 414 North Mill St Aspen CO 81611 (for legal. description see attached "Exhibit A ") • (indicate street address, lot & block umber, legal desc rii tion where ' - apprvpriate) 3) Present Zoning S /C /I a) Lot size see attached 5) Applicant's Name, Address & Phone $ 1. Andrews- McFarlin 414 N Mill St. Aspen CO 81611, 925 -3734 2. City of Aspen 130 S. Galen Aspen CO 81611, 920 -5090 3. Tract Unlimited ' PO Box 704 Aspen CO 81612 925 -4287 6) Representative's Name, Address & Phone Q Mill Street Milagro - Bill Lipsey 925 -3734 7) Type of Application (please check all that apply): Conditional Use Qonoepbnal SPA final Historic Dev_ Special Review _ Final SPA _ Final Historic Dev_ - . 8040 Greenline _ Conxptual FUD _ Minor Historic Lev_ Stream Margin _ Final FUD _ Historic Demolition ✓ \ Mountain View Plane _ Subdivision Historic Designation cbn ominiu iization' _ Text/Map Amendment 01(25 Allotment _ Lot Split/fat Ltne _ GrlaS Exemption ' Adjustment 8) Description of Existing Uses '(number and type of existing structures; appro,amate sq_ ft.; Timber of bedroons; any previrus approvals granted to the property). - 6, 000sf . metal structure (2 and 4, 000sf masnnTy st axiairn (7 fl mrs) - - numerous tenants tinder S /C /I uses • 9) Description of Development Application stabilize bank with angular granite boulders, revegetate. • 10) I1ave you attached the following? Response to Attachment 2, Minimmm mission Qxnternts Morse to Attachment 3, Sp ci fic Sutmission Contests Response to Attachment 4, Review Standards for Your Application William Lipsey Date ¢ Sec /Treas,Mill St Milagro Corp w ly ENGINEERS SURVEYORS SGM (303) 925 -6727 SCHMUESER P.O. Box 2155 FAX (303) 925 -4157 GORDON MEYER Aspen, CO 81612 • April 10, 1995 Mr. William Lipsey RIVER STUDIO ARCHITECTS 414 North Mill Street Aspen, CO. 81611 RE: Andrews - McFarlin Condominium, Bank Stabilization Prolect Dear Bill: I am writing in follow -up to our discussions regarding the proposed bank stabilization project along the Roaring Fork River at the Andrews - McFarlin Condominium on North Mill Street in Aspen. The project is intended to provide bank stabilization via the installation of 'Bioriprap' comprising of natural boulders, river cobble, topsoil and vegetation along the river embankment. The detail to be utilized was provided by Alan Czenkush of the Colorado Division of Wildlife and has been approved by the United States Army Corps of Engineers under Nationwide General Permit No. 13 for bank stabilization. The project applicants, the owners of the Andrews - McFarlin Condominium, (and co-sponsors, Trout Unlimited and the City of Aspen), are seeking Stream Margin approval for the work to initiate construction as soon as possible under low flow conditions. The Municipal Code of the City of Aspen, Section 7 -504 Stream margin review., paragraph C.1., requires an engineering study to demonstrate that the proposed development will not raise the base flood elevation. While it could be argued that the intention of the code is to regulate the placement of manmade structures, piers or significant grading changes in the flood hazard area, development is broadly defined and likely encompasses the placement of a quantity of imported boulder material. Based on our conversations and my review of the detail from Alan Czenkush, it is my understanding that construction of the Bioriprap will be accomplished via a combination of excavation, boulder placement and boulder relocation with the intention of maintaining the river embankment at the same general shape, sl a and location. The work will be observed by Mr. Czenkush and will be accomplished as a field placements o75e1 Cted natural boulders without detailed plans and specifications. In consideration of the nature of the work, I would suggest that detailed engineering study may not be specifically feasible and, 11 it were, it would not indicate any substantive change in the base flood elevation. I hope this letter will be sufficient to satisfy the requirement of an 'engineering study' for the Andrews - McFarlin bank stabilization project. Feel free to contact me if I may provide additional comment. Very Truly Yours, SCHMUESER GORDON MEYER, INC. _ "r• 1 fry, / Gs fr stir i v ay . Hammond, P.E. if-to- Qs J Principal, Aspen Office • y n it \` . F JHI h AMBL1 .4; ON 1 118 West 6th, Suite 200 • Glenwood Springs, Colorado • (303) 945 -1004 1 y I � i i ....„,„ � ' ■ eL � v . d ' Ts �� 0 . r 1 -. A = " Tt ai5.s.= G av mit a� o w 0 0 0 m 1 •1 i --- ti 8 l V JTp J C $ r 4, SENT BY:COE WEST COLO REG tv ' -94 .3:34PM; 303: '919 ;p 2 • • + ` DEPARTMENT OF THE ARMY 4 U.S, ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS • 1$26 J STREET NIPLY TO S ACRAMENTO,CALIFORNIA 55/14-2122 ATTENTION OF October 21, 1994 Regulatory Section (199475394) Mr. ,Alan Czenkusch • Colorado Division of Wildlife 473 Mountain Laurel Aspen, Colorado 81611 Dear Mr. Czenkusch: 1 am responding to your request, on behalf of Mr. Bill Lipsey, for a Department of the Army permit to place fill material below the ordinary high water mark of the Roaring Fork CLAFFEY River for a bank stabilization project. The project is located along the Roaring fork just upstream of the North Mill Street bridge in the City se Aspen, colorado. The project is referred to as the North Mill Street project. The chief of Engineers has issued a nationwide general MCNURE permit number 13 which authorizes the discharge of dredged or fill material in waters of the United States for bank stabilization projects. Your project can be constructed under this authority provided the work meets the conditions listed on the enclosed ato „• ion sheet This permit verification will be valid for a period of two' years from the date of this letter unless the nationwide permit .is modified, reissued, or revoked. You should contact this office if work will extend beyond this date. we have assigned number 199475394 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. Sincerely, Grady L. MCNure Chief, Western Colorado Regulatory Office 402 Rood Avenue, Room 142 •.; Grand Junction, colorado- .81501 -2563 Enclosure t Q4 .. f s. {Tn v . r d: r , ... tlu lr n . ... as .. ., i. A.. ' ,. ..,. •w alro ....v .).,..1�a -u'. SENT BY:COE WEST COLO REG 31 -94 3:35PM ; 303241; i ;# 3 Copies Furnished; Dr. Gene Reetz, U.S. Environmental Protection Agency, 8WM -WQ, 999 18th Street, Suite 500, 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, V.S. Geological Survey, 402 Rood Avenue, Room 223, Grand Junction, Colorado 81501 cc: Reg Sec v /WCR0 • 2. RIVER STUDIO ARCHITtCTS [ William Lipsey • AIA • Principal 414 N. Mill Street Aspen, CO 81611 I i A X FAX 11/10/94 ` CAM return FAX Number: 303 925 -8178 phone 303 925 -3734 To: Mr. Fred Metzler Company: FEMA FAX Number: 303 235 -4849 From: Bill Lipsey Re: Stream Bank Stabilization - -- Aspen, Colorado FRED - -- Attached is an approval letter from COE regarding our stream bank improvement project. Our local City of Aspen approval process requires we notify the Colorado Conservation Board and FEMA of our intentions. Basically, we are stabilizing ±165' lineal feet of Roaring Fork River bank on our property to prevent erosion, protect existing cottonwood trees, and enhance the riparian zone in and along the river. If the attached materials are sufficient for your review , could you please send a FAX (followed up with hard copy) stating your have reviewed our planned improvements and find them to be consistent with any applicable requirements of FEMA. Best regards, William Lipsey CNce. Ylc/ mei Ca t fl 7t7- 6,o -,vo/ P feCfl ' Total no. of pages sent including cover page: 5 If you do not receive all pages or if they are not legible, please contact us at 303 925 -3734. Thank you. NOI.- 10-1994 16000 FROM � FROM FEMR REGION 8 NTHD TO 913039258178 P.02 ya fs Z 1(' y Federal Emergency Management Agency u- i , Region VIII r !!'r„ ., Denver Federal Center, Building 710 Box 25267 Denver, CO 80225.0267 November 10, 1994 Mr. William Lipsey River Studio Architects 414 N. Mill Street Aspen, CO 81611 Dear Mr. Lipsey: This responds to your FAX of November 11, 1994, regarding Stream Bank Stabilization along the Roaring Fork River. The City of Aspen's Ordinance No. 62, Section 2, E (6), requires a copy of the written notice of stream alteration or relocation be sent to FEMA. In no way is this requirement meant to imply FEMA approval or denial authority. It is simply a notice to us that an alteration or relocation is proposed. Concerning the National Flood Insurance Program (NFIP) requirements, no other Federal agency, such as the Corps of Engineers, administers those requirements. Corps approval under their authorities in no way implies that NFIP requirements, administered by local government, have been met. It is the City of Aspen's responsibility to assure that all provisions of their flood hazard ordinances have been met prior to issuance of a floodplain development permit. Please contact me at 235 -4835 if you have any questions. Sincerely, Fred Metzler Program Specialist Mitigation Division ( cc: Mr. Chuck Roth, City of Aspen `� Mr. Hal Knott, COEM Mr. Brian Hyde, CWCB _ c RIALeIt STUDIO ARCHITIL,CTS ( William Lipsey • AIA • Principal 1 414 N. Mill Street Aspen, CO 81611 FAX 4/11/95 3039 A p return FAX Number: r 303 925 -g17g phone 303 925 -3734 To: Mr. Brian Hyde Company: Colorado Water Conservation Board FAX Number: 303 866 -4474 From: Bill Lipsey Re: Stream Bank Stabilization - -- Aspen, Colorado BRIAN -- -Per our conversation last week enclosed is a summary, cross section, vicinity map and engineers's letter on the above project. Our local City of Aspen approval process requires we notify the Colorado Water Conservation Board and FEMA of our intentions. The head of the Engineering Dept. in Aspen is Chuck Roth. Since we are not planning in any way to alter or relocate the river bank this may all be a mute excercise Basically, we are stabilizing ±165' lineal feet of Roaring Fork River bank, with granite boulders and vegetation, on our property to prevent erosion, protect existing cottonwood trees, and enhance the riparian zone in and along the river. If the attached materials are sufficient for your review , could you please send a FAX (followed up with hard copy) stating your have reviewed our planned improvements and find them to be consistent with any applicable requirements of CWBC. Best regards, w L William Lipsey 51 Total no. of pages sent including cover page: e 7 If you do not receive all pages or if they are not legible, please contact us at 303 925 -3734. Thank you. MILL STREET MILLAGRO CORPORATION 414 NORTH MILL STREET ASPEN, CO 81611 4/4/95 City of Aspen ATTN: Leslie Lamont Planning & Zoning Department 130 South Galena Street Aspen, CO 81611 Re: Project Owner & Representative for: Bank Stabilization Roaring Fork River Property (across from Aspen Art Museum property) LESLIE - - -The applicant for the above project is: Mill Street Milagro Corporation 414 North Mill Street Aspen, CO 81611 phone: 925 -3734 Mill Street Milagro shareholders consist of : William Lipsey Donnelley Erdman George Stranahan The Corporation officially designates William Lipsey as its authorized representative for the riverbank stabilization project. He is at the same address and phone number mentioned above. Sincerely, vv William Lipsey, AIA WL:Ig a z al l y i lr w 1 k N -.`v tit ' w T ' e r 5a n r ! 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N.3 pre Mumnn RE S euuln Meel: . Rd E E41 1 War 14 Q' t Crya.l We d Ed lee PAm d GM RMa RC GC32 denary Mwbl . Nd R4Y FM 91_. 31-12 S y (. NI` M 114 Map Ben RE. • -_ 1J 0.e n Nbl Enut 51. l ....143 McM•ke d._ _..J.l -E To Twin lakes ,.p S l Hn b .-- ! Me 56 .0..13 R MpRRa. / D _......_ Snaky W ., P-0-3 Klloutlq RY .. -BRlf iJ l 1 To A h, n 2 5 6 7 ALPHA RwdaekR Gx-32 E my _ 8) Rryn d .. 8f InyBPB Y ` E rni s n 3 4 MAPS g i .i ` it, a q Y y + 4,f . e > H a s k I ' xw ` • �` , y,� S j ud�. ' . a, X tt e u�,d..r • -k �•., r,� , P. m t c bteketd h .u 1r r p i t �;wn 7- 1^ - f s 5 v n t o, - - rr $ bl n A YL 1 n. � , ` 1 '' -" ∎' e s% i r� C p ro1 't " . c EXHIBIT "A" Book 18 Page 91 A tract of land within the Northwest one - quarter of the Southwest one - quarter of Section 7, Township 10 South, range 84 West of the 6th Prinicpal meridian, described as follows: Beginning at the Southeast corner of the Northwest one - quarter of the Southwest one- quarter of said Section 7, thence N of 52'W along the South line of the Northwest one- quarter of the Southwest one - quarter of said Section 7 a distance of 184.4 feet, thence N 53 "35' W 255 feet to the true point of beginning, thence S 33 "28'W 108 feet along the Northerly line of a tract of land described as "Tract B: in deed recorded in book 276 at page 604, thence N 56 "32'W 110.50 feet, thence N 20 "49'22 "E 166.20 feet, thence S 56 "32'E 9.50 feet, thence N 27 "21'E 33.92 feet, thence N 27 "21'E 299.1 feet more or less to the centerline of the Roaring Fork River, thence South and South Easterly 425 feet more or less along said centerline, thence departing said centerline S 33 "28'W 18 feet to the point of beginning. COMMITMENT Plat id F. 14/82 SCHEDULE A (continued) Order No. 403858 - 5. The land referred to in the Commitment is covering the land in the State of Colorado, County of Pitkin , described as follows: Condominium Unit Al through A8, inclusive, and Condominium Units 81 through B12, inclusive, AAIIfl -M: FARLIN CONECMINIU'4, according to the Condominium Map thereof filed April 15, 1983 in Plat Book 14 at Page 82 and the Amended Condominium Map thereof filed August 15, 1986 in Plat Book 18 at Page 91 and according to the Condominium Declaration for Andrews4tFarlin Condominium recorded April 15, 1983 in Book 443 at Page 517. • FIRST AMERICAN TITLE INSURANCE COMPANY [i We the undersigned owners of the Andrew McFarlin Condominiums approve of having the above described bank stabilization work done: • Building A: Building B: George Stranahan Suzannah Reed G Bill Lipsey b„(-{ Willis Pember Don Erdman Janet Garwood Michael Martin Katheryn Fleck Vickie Fuller Harry Teague Sarah Pletts if 5C i 7 M'/ ('Fiat he- rhea,. 7 /yfe cpti cDmn ,vv /mot -Oc 9v k sAte ef t v r, We the undersigned owners of the Andrew McFarlin Condominiums approve of having the above described bank stabilization work done: I Building A: Building B: George Stranahan Suzannah Reed Bill Lipsey Willis Pember A—, Don Erdman Janet Garwood Michael Martin Katheryn Fleck Vickie Fuller Harry Teague Sarah Pletts uicy) is nitt%( ot etc. -__ AA) 0 Ce p- 40 w- ) au,c, w-t - 5 0 6 NJ A A- /V i% We the undersigned owners of the Andrew McFarlin Condominiums approve of having the above described bank stabilization work done: Building A: Building B: George Stranahan Suzannah Reed Bill Lipsey Willis Pember Don Erdman J et Garwood jlvf chael Martin Katheryn Fleck Vickie Fuller Harry Teague Sarah Pletts ■ 0 Yi—e-cH 7/ 4,uifrn 64 ilLeAt" 10/02/1994 10:50 31082201 M S MARTIN ASSe" PAGE 02 ., We the undersigned owners of the Andrew McPartin Condominiums approve of having the above described bank stabilization work done: Building A: Building B: George Siranahan Suzannah Reed Bill Lipsey Willis Pember Don Erdman Janet Garwood Michael Martin +�; Katheryn Fleck Vickie Fuller Harry Teague Sarah Pletts 1 £0'd 11101 . r c+ rp I KCna a SS&'CCt neestaurart r urt NO. • 107c.•Y1UIm 1Crs lj cceaa9 Ct. rig. a:ry.. an.t.rs1 rota • . We the'sndersigned owners of the Andrew McParlut Co doanintuurs I apprav of having the above described bank stabilization Work dime: " 1 Budding A: Building 8: 1 . Geerga Stranahan Suunzmh Reed ; 8111 Lipsey Willis Pember , • I Clan R rdrnan . Janet Garwood . I 6 I Michael Martin I i . Katheryn Fleck , 1 Vickie Puller 1 I Harry Teague i Sarah Pletts ! . i i 1 i I 1 .. ■ ! We the undersigned owners of the Andrew McFarlin Condominiums approve of having the above described bank stabilization work done: Building A: Building B: George Stranahan Suzannah Reed Bill Lipsey Willis Pember Don Erdman Janet Garwood Michael Martin Katheryn Fleck Vickie Fuller Ha ry Teague, .1;i:ai arah Pletts la- prOje6-d ix-01A/ Wei GLtwe. atifla 572. 4-o ASPEN /PITKIN PLANNING OF_ 2E 130 S. Galena Street Aspen, Colorado 81611 (303) 920 -5090 FAX# (303) 920 -5197 May 2, 1995 Bill Lipsey Mil St. Milagro 414 N. Mill St. Aspen, CO 81611 Re: Andrews McFarlin River Bank Stabilization Stream Margin Review Case A45 -95 Dear Bill, The Planning Office has completed its preliminary review of the captioned application. We have determined that this application is incomplete. The application will not be processed until the following information is received: 1. Provide three copies of a section of the river bank showing the existing profile with the proposed work/riprap. 2. Provide a copy of the conditions of approval that the Army Corps refers to in their letter of October 21, 1994 to Mr. Czenkusch. These conditions were not enclosed. If you have any questions, please call Leslie Lamont the planner assigned to your case, at 920- 5101. Sincerely, Suzar(ne L. Wolff Administrative Assistant forms:apz.no.ph ASPEN /PITKIN COMMUNITY DEVELOPMENT DEPARTMENT 130 South Galena Street Aspen, Colorado 81611 Phone 920 -5090 FAX 920 -5439 MEMORANDUM TO: City Engineer Parks Department Division of Wildlife - Alan Czenkusch FROM: Leslie Lamont, Planner RE: Andrews McFarlin River Bank Stabilization Stream Margin Review Parcel ID No. 2737 - 073 - -72 -001 DATE: May 2, 1995 Attached for your review and comments is an application submitted by Andrews McFarlin Condominiums, the City of Aspen and Trout Unlimited. Please return your comments to me no later than May 17. Thank you. MESSAGE DISPLAY TO Suzanne Wolff From: Stan Clauson Postmark: Jul 26,96 6:54 PM Status: Previously read Subject: Reply to: Bill Lipsey Reply text: From Stan Clauson: Good idea talking to the County - -the City will surely ask about county participation if they come back for more. Sure we can meet on this after about 3:30. Preceding message: From Suzanne Wolff: Could we meet sometime Monday afternoon so I can update you on the site visit and get some input - they originally received a $5000 matching grant from the City for the stream bank improvements, but do not think that $10000 will cover the work. They are wondering if the City could kick in more $$. They are also going to talk to the County because the County owns property between Mill and the river adjacent to Bill Lipsey's buildings. -------- x-- - - - - -- �----------- ----~ ~^~~`~~ ^ w -~~~~^- 6 i -: ___ - i f----- - , / / /1/4_, ..,______ ___.__ ._ In / 0 re 1 s II / I i\c___:_,...„\ r ,,,,..z...t....:/....,;,.....„::::::7-iii:z...i i fr_,,,..„ 1, 14„.„.,..e.,. it *At• In 1p c NJ ... Mita I I L