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HomeMy WebLinkAboutFile Documents.1130 Black Birch Dr.0096.2018.ARBK 592 Highway 133 • Carbondale, CO 81623 • 970.340.4130 • www.rfeng.biz June 19, 2018 Federal Emergency Management Agency LOMC Manager LOMC Clearinghouse 847 South Pickett Street Alexandria, VA 22304-4605 RE: 1130 Black Birch Drive, Aspen, Colorado CLOMA Application Dear LOMC Manager, Attached is a Conditional Letter of Map Amendment (CLOMA) request submitted by Roaring Fork Engineering (RFE) for the property located at 1130 Black Birch Drive in Aspen, Colorado. The legal description of the property can be found on the attached documents. The proposed project consists of the demolition of the existing residence and detached garage and the construction of a new structure in the same location. To ensure the existing structures were outside of the SFHA, an eLOMA (Case # 18-08-0805A) was submitted to FEMA in May 2018. It was determined that the existing structures, which included the residence and a detached garage, were both outside of the SFHA, as a result of the Base Flood Elevation being established at 7745.0 (NGVD 29). The proposed structure has a Lowest Adjacent Grade of 7745.10 NGVD 29 (7750.4 NAVD 88), located on the northwest corner of the house. In order for floodwaters to reach this spot, however, the water surface elevation will need to reach approximately 7746.7 NGVD 29 (7752.0 NAVD 88) or above, which is the highest spot along the northern and eastern sides of the proposed structure. The purpose of this CLOMA is to ensure the proposed structure will also be exempt from the SFHA, given that the Lowest Adjacent Grade is still above the established BFE of 7745.0. In addition to the CLOMA form, RFE has attached the following documentation to assist in the review of the application: 1. Determination Letter from Existing Structure eLOMA; 2. Proposed Construction Drawings; 3. Elevation Certificate for Proposed Construction; 4. Subdivision Plat Map; and, 5. Effective FIRM Panel for Property Location. Respectfully, Roaring Fork Engineering Danny Stewart, PE Principal Engineer Reviewed by Engineering 11/16/2018 8:45:47 AM "It should be known that this review shall not relieve the applicant of their responsibility to comply with the requirements of the City of Aspen. The review and approval by the City is offered only to assist the applicant's understanding of the applicable Engineering requirements." The issuance of a permit based on construction documents and other data shall not prevent the City of Aspen from requiring the correction of errors in the construction documents and other data. DEPARTMENT OF HOMELAND SECURITY -FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. NO. 1660-0015 PROPERTY INFORMATION FORM Expires February 28, 2014 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this data collection is estimated to average 1.63 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the form. This collection is required to obtain or retain benefits. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 1800 South Bell Street, Arlington, VA 20598-3005, Paperwork Reduction Project (1660-0015). NOTE: Do not send your completed form to this address. This form may be completed by the property owner, property owner’s agent, licensed land surveyor, or registered professional engineer to support a request for a Letter of Map Amendment (LOMA), Conditional Letter of Map Amendment (CLOMA), Letter of Map Revision Based on Fill (LOMR-F), or Conditional Letter of Map Revision Based on Fill (CLOMR-F) for existing or proposed, single or multiple lots/structures. In order to process your request, all information on this form must be completed in its entirety, unless stated as optional. Incomplete submissions will result in processing delays. Please check the item below that describes your request: LOMA A letter from DHS-FEMA stating that an existing structure or parcel of land that has not been elevated by fill (natural grade) would not be inundated by the base flood. CLOMA A letter from DHS-FEMA stating that a proposed structure that is not to be elevated by fill (natural grade) would not be inundated by the base flood if built as proposed. LOMR-F A letter from DHS-FEMA stating that an existing structure or parcel of land that has been elevated by fill would not be inundated by the base flood. CLOMR-F A letter from DHS-FEMA stating that a parcel of land or proposed structure that will be elevated by fill would not be inundated by the base flood if fill is placed on the parcel as proposed or the structure is built as proposed. Fill is defined as material from any source (including the subject property) placed that raises the ground to or above the Base Flood Elevation (BFE). The common construction practice of removing unsuitable existing material (topsoil) and backfilling with select structural material is not considered the placement of fill if the practice does not alter the existing (natural grade) elevation, which is at or above the BFE. Fill that is placed before the date of the first National Flood Insurance Program (NFIP) map showing the area in a Special Flood Hazard Area (SFHA) is considered natural grade. Has fill been placed on your property to raise ground that was previously below the BFE? Yes No If yes, when was fill placed? mm/dd/yyyy Will fill be placed on your property to raise ground that is below the BFE? Yes* No If yes, when will fill be placed? mm/dd/yyyy * If yes, Endangered Species Act (ESA) compliance must be documented to FEMA prior to issuance of the CLOMR-F determination (please refer page 4 to the MT-1 instructions). 1.Street Address of the Property (if request is for multiple structures or units, please attach additional sheet referencing each address and enter street names below): 2.Legal description of Property (Lot, Block, Subdivision or abbreviated description from the Deed): 3.Are you requesting that a flood zone determination be completed for (check one): Structures on the property? What are the dates of construction? _______________ (MM/YYYY) A portion of land within the bounds of the property? (A certified metes and bounds description and map of the area to be removed, certified by a licensed land surveyor or registered professional engineer, are required. For the preferred format of metes and bounds descriptions, please refer to the MT-1 Form 1 Instructions.) The entire legally recorded property? 4.Is this request for a (check one): Single structure Single lot Multiple structures (How many structures are involved in your request? List the number: _______) Multiple lots (How many lots are involved in your request? List the number: _______) DHS - FEMA Form 086-0-26, FEB 11 Property Information Form MT-1 Form 1 Page 1 of 2 X 09/2018 X 1130 Black Birch Drive, Aspen, CO 81611 Lot 13, Black Birch Estates, as shown on the Plat recorded as Document No. 127234 in Plat Book 3, Page 244, in the office of the Clerk of Court, Pitkin County, Colorado In addition to this form (MT-1 Form 1), please complete the checklist below. ALL requests must include one copy of the following: Copy of the effective FIRM panel on which the structure and/or property location has been accurately plotted (property inadvertently located in the NFIP regulatory floodway will require Section B of MT-1 Form 3) Copy of the Subdivision Plat Map for the property (with recordation data and stamp of the Recorder’s Office) OR Copy of the Property Deed (with recordation data and stamp of the Recorder’s Office), accompanied by a tax assessor’s map or other certified map showing the surveyed location of the property relative to local streets and watercourses. The map should include at least one street intersection that is shown on the FIRM panel. Form 2 – Elevation Form. If the request is to remove the structure, and an Elevation Certificate has already been completed for this property, it may be submitted in lieu of Form 2. If the request is to remove the entire legally recorded property, or a portion thereof, the lowest lot elevation must be provided on Form 2. Please include a map scale and North arrow on all maps submitted. For LOMR-Fs and CLOMR-Fs, the following must be submitted in addition to the items listed above: Form 3 – Community Acknowledgment Form For CLOMR-Fs, the following must be submitted in addition to the items listed above: Documented ESA compliance, which may include a copy of an Incidental Take Permit, an Incidental Take Statement, a “not likely to adversely affect” determination from the National Marine Fisheries Service (NMFS) or the U.S. Fish and Wildlife Service (USFWS), or an official letter from NMFS or USFWS concurring that the project has “No Effect” on proposed or listed species or designated critical habitat/ Please refer to the MT-1 instructions for additional information. Please do not submit original documents. Please retain a copy of all submitted documents for your records. DHS-FEMA encourages the submission of all required data in a digital format (e.g. scanned documents and images on Compact Disc [CD]). Digital submissions help to further DHS-FEM!’s Digital Vision and also may facilitate the processing of your request. Incomplete submissions will result in processing delays. For additional information regarding this form, including where to obtain the supporting documents listed above, please refer to the MT-1 Form Instructions located at http://www.fema.gov/plan/prevent/fhm/dl_mt-1.shtm. Processing Fee (see instructions for appropriate mailing address; or visit http://www.fema.gov/fhm/frm_fees.shtm for the most current fee schedule) Revised fee schedules are published periodically, but no more than once annually, as noted in the Federal Register. Please note: single/multiple lot(s)/structure(s) LOMAs are fee exempt. The current review and processing fees are listed below: Check the fee that applies to your request: $325 (single lot/structure LOMR-F following a CLOMR-F) $425 (single lot/structure LOMR-F) $500 (single lot/structure CLOMA or CLOMR-F) $700 (multiple lot/structure LOMR-F following a CLOMR-F, or multiple lot/structure CLOMA) $800 (multiple lot/structure LOMR-F or CLOMR-F) Please submit the Payment Information Form for remittance of applicable fees. Please make your check or money order payable to: National Flood Insurance Program. All documents submitted in support of this request are correct to the best of my knowledge. I understand that any false statement may be punishable by fine or imprisonment under Title 18 of the United States Code, Section 1001. !pplicant’s Name (required). Mailing Address (required): E-Mail Address (optional): By checking here you may receive correspondence electronically at the email address provided): Date (required) Company (if applicable): Daytime Telephone No. (required): Fax No. (optional): ___________________________________________________________ Signature of Applicant (required) DHS - FEMA Form 086-0-26, FEB 11 Property Information Form MT-1 Form 1 Page 2 of 2 Riverfront Fork LLC 1130 Black Birch Drive, Aspen, CO 81611 Roaring Fork Engineering (970) 340-4130 (866) 876-5873 06/20/2018 DEPARTMENT OF HOMELAND SECURITY -FEDERAL EMERGENCY MANAGEMENT AGENCY ELEVATION FORM O.M.B. NO. 1660-0015 Expires February 28, 2014 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this data collection is estimated to average 1.25 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the form. This collection is required to obtain or retain benefits. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 1800 South Bell Street, Arlington, VA 20598-3005, Paperwork Reduction Project (1660-0015). NOTE: Do not send your completed form to this address. This form must be completed for requests and must be completed and signed by a registered professional engineer or licensed land surveyor. A DHS -FEMA National Flood Insurance Program (NFIP) Elevation Certificate may be submitted in lieu of this form for single structure requests. For requests to remove a structure on natural grade OR on engineered fill from the Special Flood Hazard Area (SFHA), submit the lowest adjacent grade (the lowest ground touching the structure), including an attached deck or garage. For requests to remove an entire parcel of land from the SFHA, provide the lowest lot elevation; or, if the request involves an area described by metes and bounds, provide the lowest elevation within the metes and bounds description. All measurements are to be rounded to nearest tenth of a foot. In order to process your request, all information on this form must be completed in its entirety. Incomplete submissions will result in processing delays. 1.NFIP Community Number:Property Name or Address: 2.Are the elevations listed below based on existing or proposed conditions? (Check one) 3. For the existing or proposed structures listed below, what are the types of construction? (check all that apply) crawl space slab on grade basement/enclosure other (explain) 4. Has DHS -FEMA identified this area as subject to land subsidence or uplift? (see instructions)Yes No If yes, what is the date of the current re-leveling? / (month/year) 5.What is the elevation datum? NGVD 29 NAVD 88 Other (explain) If any of the elevations listed below were computed using a datum different than the datum used for the effective Flood Insurance Rate Map (FIRM) (e.g., NGVD 29 or NAVD 88), what was the conversion factor? Local Elevation +/-ft. = FIRM Datum 6. Please provide the Latitude and Longitude of the most upstream edge of the structure (in decimal degrees to the nearest fifth decimal place): Indicate Datum: WGS84 NAD83 NAD27 Lat. . Long. . Please provide the Latitude and Longitude of the most upstream edge of the property (in decimal degrees to the nearest fifth decimal place): Indicate Datum: WGS84 NAD83 NAD27 Lat. . Long. . Address Lot Number Block Number Lowest Lot Elevation* Lowest Adjacent Grade To Structure Base Flood Elevation BFE Source This certification is to be signed and sealed by a licensed land surveyor, registered professional engineer, or architect authorized by law to certify elevation information. All documents submitted in support of this request are correct to the best of my knowledge. I understand that any false statement may be punishable by fine or imprisonment under Title 18 of the United States Code, Section 1001. ertifier’s Name. License No.: Expiration Date: Company Name: Telephone No.: Email: Fax No. Signature: Date: * For requests involving a portion of property, include the lowest ground elevation within the metes and bounds description. Please note: If the Lowest Adjacent Grade to Structure is the only elevation provided, a determination will be issued for the structure only. Seal (optional) DHS - FEMA Form 086-0-26A, FEB 11 Elevation Form MT-1 Form 2 Page 1 of 2 n 1130 Black Birch Dr.13 7745.1 7745.0 (NGVD 29)FIS Profile/Interpolation Method Daniel Stewart 0047213 Roaring Fork Engineering (970) 340-4130 dannys@rfeng.biz (866) 876-5873 06/19/2018 10/31/2019 080143 1130 Black Birch Drive, Aspen, CO 81611 - 5.30 (NAVD 88 to NGVD 29) Continued from Page 1. Lowest Adjacent Lowest Lot Base Flood Address Lot Number Block Number Grade To BFE Source Elevation* Elevation Structure This certification is to be signed and sealed by a licensed land surveyor, registered professional engineer, or architect authorized by law to certify elevation information. All documents submitted in support of this request are correct to the best of my knowledge. I understand that any false statement may be punishable by fine or imprisonment under Title 18 of the United States Code, Section 1001. ertifier’s Name. License No.: Expiration Date: Company Name: Telephone No.: Email: Fax No. Signature: Date: * For requests involving a portion of property, include the lowest ground elevation within Seal (optional) the metes and bounds description. Please note: If the Lowest Adjacent Grade to Structure is the only elevation provided, a determination will be issued for the structure only. DHS - FEMA Form 086-0-26A, FEB 11 Elevation Form MT-1 Form 2 Page 2 of 2 DEPARTMENT OF HOMELAND SECURITY -FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. NO. 1660-0015 COMMUNITY ACKNOWLEDGMENT FORM Expires February 28, 2014 PAPERWORK BURDEN DISCLOSURE NOTICE Public reporting burden for this data collection is estimated to average 1.38 hours per response. The burden estimate includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the needed data, and completing and submitting the form. This collection is required to obtain or retain benefits. You are not required to respond to this collection of information unless a valid OMB control number is displayed on this form. Send comments regarding the accuracy of the burden estimate and any suggestions for reducing this burden to: Information Collections Management, Department of Homeland Security, Federal Emergency Management Agency, 1800 South Bell Street, Arlington, VA 20598-3005, Paperwork Reduction Project (1660-0015). NOTE: Do not send your completed form to this address. This form must be completed for requests involving the existing or proposed placement of fill (complete Section A) OR to provide acknowledgment of this request to remove a property from the SFHA which was previously located within the regulatory floodway (complete Section B). This form must be completed and signed by the official responsible for floodplain management in the community. The six digit NFIP community number and the subject property address must appear in the spaces provided below. Incomplete submissions will result in processing delays. Please refer to the MT-1 instructions for additional information about this form. Community Number: ____________________ Property Name or Address: ____________________________________________ A. REQUESTS INVOLVING THE PLACEMENT OF FILL As the community official responsible for floodplain management, I hereby acknowledge that we have received and reviewed this Letter of Map Revision Based on Fill (LOMR-F) or Conditional LOMR-F request. Based upon the community's review, we find the completed or proposed project meets or is designed to meet all of the community floodplain management requirements, including the requirement that no fill be placed in the regulatory floodway, and that all necessary Federal, State, and local permits have been, or in the case of a Conditional LOMR-F, will be obtained. For Conditional LOMR-F requests, the applicant has or will document Endangered Species Act (ESA) compliance to FEMA prior to issuance of the Conditional LOMR-F determination. For LOMR-F requests, I acknowledge that compliance with Sections 9 and 10 of the ESA has been achieved independently of FEM!’s process/ Section 9 of the ES! prohibits anyone from “taking” or harming an endangered species/ If an action might harm an endangered species, a permit is required from U.S. Fish and Wildlife Service or National Marine Fisheries Service under Section 10 of the ESA. For actions authorized, funded, or being carried out by Federal or State agencies, documentation from the agency showing its compliance with Section 7(a)(2) of the ESA will be submitted. In addition, we have determined that the land and any existing or proposed structures to be removed from the SFHA are or will be reasonably safe from flooding as defined in 44CFR 65.2(c), and that we have available upon request by DHS-FEMA, all analyses and documentation used to make this determination. For LOMR-F requests, we understand that this request is being forwarded to DHS- FEMA for a possible map revision. Community Comments: ommunity Official’s Name and Title. (Please Print or Type) Telephone No.: Community Name: ommunity Official’s Signature. (required) Date: B. PROPERTY LOCATED WITHIN THE REGULATORY FLOODWAY As the community official responsible for floodplain management, I hereby acknowledge that we have received and reviewed this request for a LOMA. We understand that this request is being forwarded to DHS-FEMA to determine if this property has been inadvertently included in the regulatory floodway. We acknowledge that no fill on this property has been or will be placed within the designated regulatory floodway. We find that the completed or proposed project meets or is designed to meet all of the community floodplain management requirements. Community Comments: ommunity Official’s Name and Title. (Please Print or Type) Telephone No.: Community Name: ommunity Official’s Signature (required). Date: DHS - FEMA Form 086-0-26B, FEB 11 Community Acknowledgment Form MT-1 Form 3 Page 1 of 1 FEDERAL EMERGENCY MANAGEMENT AGENCY PAYMENT INFORMATION FORM Community Name: Project Identifier: THIS FORM MUST BE MAILED, ALONG WITH THE APPROPRIATE FEE, TO THE ADDRESS BELOW OR FAXED TO THE FAX NUMBER BELOW. Please make check or money order payable to the National Flood Insurance Program. Type of Request: MT-1 application MT-2 application EDR application Request No. (if known): _______________ Check No.: _______________ Amount: INITIAL FEE* FINAL FEE FEE BALANCE** MASTER CARD VISA CHECK MONEY ORDER *Note: Check only for EDR and/or Alluvial Fan requests (as appropriate). **Note: Check only if submitting a corrected fee for an ongoing request. LOMC Clearinghouse 847 South Pickett Street Alexandria, VA 22304-4605 Attn.: LOMC Manager FEMA Project Library 847 South Pickett Street Alexandria, VA 22304-4605 FAX (703) 212-4090 COMPLETE THIS SECTION ONLY IF PAYING BY CREDIT CARD CARD NUMBER EXP. DATE — — — — 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Month Year _________________________________________________________________ Date Signature NAME (AS IT APPEARS ON CARD): (please print or type) ADDRESS: (for your credit card receipt-please print or type) DAYTIME PHONE: FEMA Form 81-107 Payment Information Form Federal Emergency Management Agency Washington, D.C. 20472 MR. DANIEL STEWART ROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE, CO 81623 CASE NO.: 18-08-0805A COMMUNITY:CITY OF ASPEN, PITKIN COUNTY, COLORADO COMMUNITY NO.: 080143 DEAR MR. STEWART: This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine if the property described in the enclosed document is located within an identified Special Flood Hazard Area, the area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP) map. Using the information submitted and the effective NFIP map, our determination is shown on the attached Letter of Map Amendment (LOMA) Determination Document. This determination document provides additional information regarding the effective NFIP map, the legal description of the property and our determination. Additional documents are enclosed which provide information regarding the subject property and LOMAs. Please see the List of Enclosures below to determine which documents are enclosed. Other attachments specific to this request may be included as referenced in the Determination/Comment document. If you have any questions about this letter or any of the enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Attn: North Wind Resource Partners (NWRP) eLOMA Coordinator, NWRP eLOMA Coordinator, 3601 Eisenhower Ave., Alexandria, VA 22304-6439, Fax: 703-751-7415. Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration LIST OF ENCLOSURES: LOMA DETERMINATION DOCUMENT (REMOVAL) LOMA-OAS DETERMINATION DOCUMENT (OUT AS SHOWN) Sincerely, cc:State/Commonwealth NFIP Coordinator Community Map Repository Region Federal Emergency Management Agency Washington, D.C. 20472 Date: Case No.: 18-08-0805A LOMAPage 2 of 9 May 29, 2018 COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION DETERMINATION APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 39.205060, -106.833400 SOURCE OF LAT & LONG: GPS DATUM: NAD 83FLOODING SOURCE: ROARING FORK RIVER AFFECTED MAP PANEL COMMUNITY CITY OF ASPEN, PITKIN COUNTY, COLORADO 08097C0203CNUMBER: DATE: 6/4/1987 COMMUNITY NO: 080143 Lot 13, Black Birch Estates, as shown on the Plat recorded as Document No. 127234 in Plat Book 3, Page 244, in the Office of the Clerk of Court, Pitkin County, Colorado LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) LOT STREETSUBDIVISIONBLOCK/ SECTION FLOOD ZONE OUTCOME WHAT IS REMOVED FROM THE SFHA LOWEST LOT ELEVATION (NGVD 29) LOWEST ADJACENT GRADE ELEVATION (NGVD 29) 1% ANNUAL CHANCE FLOOD ELEVATION (NGVD 29) --7745.7 feet--X (shaded)Structure1130 Black Birch DriveBlack Birch Estates--13 (Residence) -- Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) PORTIONS REMAIN IN THE SFHA/FLOODWAY eLOMA DETERMINATION This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the structure(s) on the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This document amends the effective NFIP map to remove the subject property from the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. If there are any errors on this eLOMA Determination Letter that cause FEMA to rescind and/or nullify the determination the property owner should consult the Licensed Professional that submitted this eLOMA. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Attn: North Wind Resource Partners (NWRP) eLOMA Coordinator, 3601 Eisenhower Avenue, Alexandria, VA 22304-4605, Fax: 703-751-7415. Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration eLOMA LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) Date: Case No : 18-08-0805A LOMAPage 3 of 9 5/29/2018 Federal Emergency Management Agency Washington, D.C. 20472 Structure Removal: The following considerations may or may not apply to the determination for your Structure: PORTIONS OF THE PROPERTY REMAIN IN THE SFHA and/or FLOODWAY - Portions of this property, but not the subject of the Determination document, may remain in the Special Flood Hazard Area (SFHA) and/or the regulatory floodway for the flooding source indicated on the Determination Document. The NFIP regulatory floodway is the area that must remain unobstructed in order to prevent unacceptable increases in base flood elevations. Therefore, no construction may take place in an NFIP regulatory floodway that may cause an increase in the base flood elevation. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. The NFIP regulatory floodway is provided to the community as a tool to regulate floodplain development. Modifications to the NFIP regulatory floodway must be accepted by both the Federal Emergency Management Agency (FEMA) and the community involved. Appropriate community actions are defined in Paragraph 60.3(d) of the NFIP regulations. Any proposed revision to the NFIP regulatory floodway must be submitted to FEMA by community officials. The community should contact either the Regional Director (for those communities in Regions I-IV, and VI-X), or the Regional Engineer (for those communities in Region V) for guidance on the data which must be submitted for a revision to the NFIP regulatory floodway. Contact information for each regional office can be obtained by calling the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or from our web site at https://www.fema.gov/regional-contact-information STUDY UNDERWAY - This determination is based on the flood data presently available. However, the Federal Emergency Management Agency may be currently revising the National Flood Insurance Program (NFIP) map for the community. New flood data could be generated that may affect this property. If a new NFIP map is issued it will supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on the newly revised NFIP map. EXTRATERRITORIAL JURISDICTION - The subject of the determination is shown on the National Flood Insurance Program map and may be located in an Extraterritorial Jurisdiction area for the community indicated on the Determination Document. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Attn: North Wind Resource Partners (NWRP) eLOMA Coordinator, NWRP eLOMA Coordinator, 3601 Eisenhower Ave., Alexandria, VA 22304-6439, Fax: 703-751-7415 Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration eLOMA LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (REMOVAL) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) Date: Case No : 18-08-0805A LOMAPage 4 of 9 5/29/2018 Federal Emergency Management Agency Washington, D.C. 20472 GREAT LAKES - The Federal Emergency Management Agency (FEMA) has based this determination on elevation data which is published in the current Flood Insurance Study for the community. However, the elevations established in the U .S. Army Corps of Engineers (USACE) reports on the Great Lakes are the best available data known to us. If in the future there are any subsequent map revisions to the National Flood Insurance Program map and the USACE reports remain the best available data known, FEMA will use those elevations for any such revisions. Further, be advised that the elevations on the Flood Insurance Rate Map (FIRM) may only reflect the Stillwater elevation for the lake and may not account for the effects of wind driven waves or wave run-up. On-site conditions such as wind speed, wind direction, fetch distance, water depth and the slope of the beach or bluff may result in significant increases to the base flood elevation. Therefore, it is strongly recommended that the requestor be aware of these circumstances and, if warranted, evaluate the effects of wind driven waves along the shoreline of the property. STATE AND LOCAL CONSIDERATIONS - Please note that this document does not override or supersede any State or local procedural or substantive provisions which may apply to floodplain management requirements associated with amendments to State or local floodplain zoning ordinances, maps, or State or local procedures adopted under the National Flood Insurance Program. COASTAL BARRIER RESOURCE SYSTEM - The subject of this Determination Document may be located within the Coastal Barrier Resource System (CBRS). Federal financial assistance, including Federal flood insurance, is not available in CBRS areas for new construction or substantial improvements occurring after the date on which the area was declared by Congress to be part of the CBRS or otherwise protected area as required by the Coastal Barrier Resources Act (Public Law 97-348) and the Coastal Barrier Improvement Act 1990 (Public Law 101-591). This date is indicated on the National Flood Insurance Program map. For further information on this property and the CBRS or otherwise protected area designation, contact the U .S. Department of the Interior. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Attn: North Wind Resource Partners (NWRP) eLOMA Coordinator, NWRP eLOMA Coordinator, 3601 Eisenhower Ave., Alexandria, VA 22304-6439, Fax: 703-751-7415 Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration eLOMA Federal Emergency Management Agency Washington, D.C. 20472 Date: Case No.: 18-08-0805A LOMA-OASPage 5 of 9 May 29, 2018 COMMUNITY AND MAP PANEL INFORMATION LEGAL PROPERTY DESCRIPTION DETERMINATION APPROXIMATE LATITUDE & LONGITUDE OF PROPERTY: 39.205060, -106.833400 SOURCE OF LAT & LONG: GPS DATUM: NAD 83FLOODING SOURCE: ROARING FORK RIVER AFFECTED MAP PANEL COMMUNITY CITY OF ASPEN, PITKIN COUNTY, COLORADO 08097C0203CNUMBER: DATE: 6/4/1987 COMMUNITY NO: 080143 Lot 13, Black Birch Estates, as shown on the Plat recorded as Document No. 127234 in Plat Book 3, Page 244, in the Office of the Clerk of Court, Pitkin County, Colorado LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (OUT AS SHOWN) LOT STREETSUBDIVISIONBLOCK/ SECTION FLOOD ZONE OUTCOME WHAT IS OUTSIDE OF THE SFHA LOWEST LOT ELEVATION (NGVD 29) LOWEST ADJACENT GRADE ELEVATION (NGVD 29) 1% ANNUAL CHANCE FLOOD ELEVATION (NGVD 29) --7747.9 feet--X (unshaded) Structure1130 Black Birch DriveBlack Birch Estates--13 (Det. Garage) -- Special Flood Hazard Area (SFHA) - The SFHA is an area that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). ADDITIONAL CONSIDERATIONS (Please refer to the appropriate section on Attachment 1 for the additional considerations listed below.) PORTIONS REMAIN IN THE SFHA/FLOODWAY eLOMA DETERMINATION PORTIONS REMAIN IN THE SFHA/FLOODWAY eLOMA DETERMINATION This document provides the Federal Emergency Management Agency's determination regarding a request for a Letter of Map Amendment for the property described above. Using the information submitted and the effective National Flood Insurance Program (NFIP) map, we have determined that the structure(s) on the property(ies) is/are not located in the SFHA, an area inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). The subject property is correctly shown outside the SFHA located on the effective NFIP map; therefore, the Federal mandatory flood insurance requirement does not apply. If the policy has been written using an incorrect zone, it can be endorsed to correct the zone for the current policy year and one prior policy term. Please contact the insurance agent or company involved to request endorsement of the policy. However, the lender has the option to continue the flood insurance requirement to protect its financial risk on the loan. A Preferred Risk Policy (PRP) is available for buildings located outside the SFHA. Information about the PRP and how one can apply is enclosed. This determination is based on the flood data presently available. If there are any errors on this eLOMA Determination Letter that cause FEMA to rescind and/or nullify the determination the property owner should consult the Licensed Professional that submitted this eLOMA. The enclosed documents provide additional information regarding this determination. If you have any questions about this document, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Attn: North Wind Resource Partners (NWRP) eLOMA Coordinator, 3601 Eisenhower Avenue, Alexandria, VA 22304-4605, Fax: 703-751-7415. Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration eLOMA LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (OUT AS SHOWN) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) Date: Case No : 18-08-0805A LOMA-OASPage 6 of 9 5/29/2018 Federal Emergency Management Agency Washington, D.C. 20472 Structure Out As Shown: The following considerations may or may not apply to the determination for your Structure: PORTIONS OF THE PROPERTY REMAIN IN THE SFHA and/or FLOODWAY - Portions of this property, but not the subject of the Determination document, may remain in the Special Flood Hazard Area (SFHA) and/or the regulatory floodway for the flooding source indicated on the Determination Document. The NFIP regulatory floodway is the area that must remain unobstructed in order to prevent unacceptable increases in base flood elevations. Therefore, no construction may take place in an NFIP regulatory floodway that may cause an increase in the base flood elevation. Therefore, any future construction or substantial improvement on the property remains subject to Federal, State/Commonwealth, and local regulations for floodplain management. The NFIP regulatory floodway is provided to the community as a tool to regulate floodplain development. Modifications to the NFIP regulatory floodway must be accepted by both the Federal Emergency Management Agency (FEMA) and the community involved. Appropriate community actions are defined in Paragraph 60.3(d) of the NFIP regulations. Any proposed revision to the NFIP regulatory floodway must be submitted to FEMA by community officials. The community should contact either the Regional Director (for those communities in Regions I-IV, and VI-X), or the Regional Engineer (for those communities in Region V) for guidance on the data which must be submitted for a revision to the NFIP regulatory floodway. Contact information for each regional office can be obtained by calling the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or from our web site at https://www.fema.gov/regional-contact-information STUDY UNDERWAY - This determination is based on the flood data presently available. However, the Federal Emergency Management Agency may be currently revising the National Flood Insurance Program (NFIP) map for the community. New flood data could be generated that may affect this property. If a new NFIP map is issued it will supersede this determination. The Federal requirement for the purchase of flood insurance will then be based on the newly revised NFIP map. EXTRATERRITORIAL JURISDICTION - The subject of the determination is shown on the National Flood Insurance Program map and may be located in an Extraterritorial Jurisdiction area for the community indicated on the Determination Document. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Attn: North Wind Resource Partners (NWRP) eLOMA Coordinator, NWRP eLOMA Coordinator, 3601 Eisenhower Ave., Alexandria, VA 22304-6439, Fax: 703-751-7415 Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration eLOMA LETTER OF MAP AMENDMENT DETERMINATION DOCUMENT (OUT AS SHOWN) ATTACHMENT 1 (ADDITIONAL CONSIDERATIONS) Date: Case No : 18-08-0805A LOMA-OASPage 7 of 9 5/29/2018 Federal Emergency Management Agency Washington, D.C. 20472 GREAT LAKES - The Federal Emergency Management Agency (FEMA) has based this determination on elevation data which is published in the current Flood Insurance Study for the community. However, the elevations established in the U .S. Army Corps of Engineers (USACE) reports on the Great Lakes are the best available data known to us. If in the future there are any subsequent map revisions to the National Flood Insurance Program map and the USACE reports remain the best available data known, FEMA will use those elevations for any such revisions. Further, be advised that the elevations on the Flood Insurance Rate Map (FIRM) may only reflect the Stillwater elevation for the lake and may not account for the effects of wind driven waves or wave run-up. On-site conditions such as wind speed, wind direction, fetch distance, water depth and the slope of the beach or bluff may result in significant increases to the base flood elevation. Therefore, it is strongly recommended that the requestor be aware of these circumstances and, if warranted, evaluate the effects of wind driven waves along the shoreline of the property. STATE AND LOCAL CONSIDERATIONS - Please note that this document does not override or supersede any State or local procedural or substantive provisions which may apply to floodplain management requirements associated with amendments to State or local floodplain zoning ordinances, maps, or State or local procedures adopted under the National Flood Insurance Program. COASTAL BARRIER RESOURCE SYSTEM - The subject of this Determination Document may be located within the Coastal Barrier Resource System (CBRS). Federal financial assistance, including Federal flood insurance, is not available in CBRS areas for new construction or substantial improvements occurring after the date on which the area was declared by Congress to be part of the CBRS or otherwise protected area as required by the Coastal Barrier Resources Act (Public Law 97-348) and the Coastal Barrier Improvement Act 1990 (Public Law 101-591). This date is indicated on the National Flood Insurance Program map. For further information on this property and the CBRS or otherwise protected area designation, contact the U .S. Department of the Interior. This attachment provides additional information regarding this request. If you have any questions about this attachment, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877-FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, Attn: North Wind Resource Partners (NWRP) eLOMA Coordinator, NWRP eLOMA Coordinator, 3601 Eisenhower Ave., Alexandria, VA 22304-6439, Fax: 703-751-7415 Luis V. Rodriguez, P.E., Director Engineering and Modeling Division Federal Insurance and Mitigation Administration eLOMA Federal Emergency Management Agency Washington, D.C. 20472 ADDITIONAL INFORMATION REGARDING LETTERS OF MAP AMENDMENT When making determinations on requests for Letters of Map Amendment (LOMAs), the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) bases its determination on the flood hazard information available at the time of the determination. Requesters should be aware that flood conditions may change or new information may be generated that would supersede FEMA's determination. In such cases, the community will be informed by letter. Requesters also should be aware that removal of a property (parcel of land or structure) from the Special Flood Hazard Area (SFHA) means FEMA has determined the property is not subject to inundation by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). This does not mean the property is not subject to other flood hazards. The property could be inundated by a flood with a magnitude greater than the base flood or by localized flooding not shown on the effective National Flood Insurance Program (NFIP) map. The effect of a LOMA is it removes the Federal requirement for the lender to require flood insurance coverage for the property described. The LOMA is not a waiver of the condition that the property owner maintain flood insurance coverage for the property. Only the lender can waive the flood insurance purchase requirement because the lender imposed the requirement. The property owner must request and receive a written waiver from the lender before canceling the policy. The lender may determine, on its own as a business decision that it wishes to continue the flood insurance requirement to protect its financial risk on the loan. The LOMA provides FEMA's comment on the mandatory flood insurance requirements of the NFIP as they apply to a particular property. A LOMA is not a building permit, nor should it be construed as such. Any development, new construction, or substantial improvement of a property impacted by a LOMA must comply with all applicable State and local criteria and other Federal criteria. If a lender releases a property owner from the flood insurance requirement, and the property owner decides to cancel the policy and seek a refund, the NFIP will refund the premium paid for the current policy year, provided that no claim is pending or has been paid on the policy during the current policy year. The property owner must provide a written waiver of the insurance requirement from the lender to the property insurance agent or company servicing his or her policy. The agent or company will then process the refund request. Even though structures are not located in an SFHA, as mentioned above, they could be flooded by a flooding event with a greater magnitude than the base flood. In fact, more than 25 percent of all claims paid by the NFIP are for policies for structures located outside the SFHA in Zones B, C, X (shaded), or X (unshaded). More than one-fourth of all policies purchased under the NFIP protect structures located in these zones. The risk to structures located outside SFHAs is just not as great as the risk to structures located in SFHAs. Finally, approximately 90 percent of all federally declared disasters are caused by flooding, and homeowners insurance does not provide financial protection from this flooding. Therefore, FEMA encourages the widest possible coverage under the NFIP. The NFIP offers two types of flood insurance policies to property owners: the low-cost Preferred Risk Policy (PRP) and the Standard Flood Insurance Policy (SFIP). The PRP is available for 1- to 4-family residential structures located outside the SFHA with little or no loss history. The PRP is available for townhouse/rowhouse-type structures, but is not available for other types of condominium units. The SFIP is available for all other structures. Additional information on the PRP and how a property owner can quality for this type of policy may be obtained by calling the Flood Insurance Information Hotline, toll free, at 1-800-427-4661. Before making a final decision about flood insurance coverage, FEMA strongly encourages property owners to discuss their individual flood risk situations and insurance needs with an insurance agent or company. FEMA has established "Grandfather" rules to benefit flood insurance policyholders who have maintained continuous coverage. Property owners may wish to note also that, if they live outside but on the fringe of the SFHA shown on an effective NFIP map and the map is revised to expand the SFHA to include their structure(s), their flood insurance policy rates will not increase as long as the coverage for the affected structure(s) has been continuous. Property owners would continue to receive the lower insurance policy rates. LOMAs are based on minimum criteria established by the NFIP. State, county, and community officials, based on knowledge of local conditions and in the interest of safety, may set higher standards for construction in the SFHA. If a State, county, or community has adopted more restrictive and comprehensive floodplain management criteria, these criteria take precedence over the minimum Federal criteria. In accordance with regulations adopted by the community when it made application to join the NFIP, letters issued to amend an NFIP map must be attached to the community's official record copy of the map. That map is available for public inspection at the community's official map repository. Therefore, FEMA sends copies of all such letters to the affected community's official map repository. When a restudy is undertaken, or when a sufficient number of revisions or amendments occur on particular map panels, FEMA initiates the printing and distribution process for the affected panels. FEMA notifies community officials in writing when affected map panels are being physically revised and distributed. In such cases, FEMA attempts to reflect the results of the LOMA on the new map panel. If the results of particular LOMAs cannot be reflected on the new map panel because of scale limitations, FEMA notifies the community in writing and revalidates the LOMAs in that letter. LOMAs revalidated in this way usually will become effective 1 day after the effective date of the revised map. SSSEG ROARING FORK ENGINEERING 592 HIGHWAY 133 CARBONDALE COLORADO, 81623 PH: (970)340-4130 F:(866)876-5873CHECKED BY:#DESCRIPTION DATE DRAWN BYCONSTRUCTION DRAWN BY:JOB #:Of 12C4SITE PLAN1130 BLACK BIRCH DRIVE ASPEN, CO 2018-01FORADWDCS1 PERMIT SET 03/22/18 ADW BLACK B_ - TES!�. rx-151 f 2' ,1 'CfF V'SE n BY TriESE PRESENTS: ehco- ¢h- e urersinned, v .aries E.Na t^.-Gn^ Ann G_ ce:3 Y.a of pari Gs #?c Gv°��e5° ie� ,,R� e C Section S, Township ;C So th7Range 85 West of the Sixth Prncipcl Meridon, PHkir, County, Colorado, have ;aid out, subdivided, and oiattea ihss area .nto '-cots, tracts, roads, and easements, des g ut ng sa=d area cs BLACK B=:RCH ESTATES,, a suba.a:s o.. and further Lec:are. That the owners have Caused this plat to be made and filed to show as d ;and as piwtea and 'C provide an accurate descr-peion 0' the lots, tracts, roadways and easements so Said Out c -d prepared from a f eta starve thereof, €hut Overicok drive. River Drive, BiccK h � and - G y '�.. C.. ;rriVe �.., aGlG.ni=g OS - de -sacs as :fatted hereon, shat= remain private roadways o. - cu -de-sacs, un Ger private ownership, for the use and oenef:t of this s=ubdiv'sior.. and further dedicate a twenty-five foot easement On each side of the center limes of ail said p'. vc?e roadways, together with the adjoinitng cui- de-sacs as utility easements for the use of oh .t -city services, that. BLACK BIRCH ESTATES wi='. be 3uoject to the protective ,.oven;: ,ts 'or said Su adi Vis -C': OS ti=es Gna re COraed n ?-ne aftice O¢ t^e Clerk Gnd Recorder of P`{Kin County, Colorado; °hat the let'ered ?raCtc A,B and C sha remain as Common Green Ureas to be placed under common ownership, tna, a" p;.Mted ant existing G.tches a -a water -courses are subject tel TOOT easement on. each side of the Center lines 'hereof for �c ntena^crr ;rc perpetuation of flo wi Tracts A,B and C may be used for utility purposes. Charles E. Worth Ann G. VAo, h STATE OF COLORADO SC COUNTY CE PITKIN JJ��- The foregoi-g plot and dedication of BLACK BiRC� ESTATES was ocknowi:edged before me this by Charles E. Worth and Ann G. Worth. Witness my hanc and of ficia. seal; my commission expires Noic= Public PLANNING COMMISSION APPROVAL: This pint hcsbeen approved by the Pitk.,-. Count_, o ,-Ing and Zoning Cam n,rs+on this day of i9e7 A.D. Chairman Secretary COUNTY COMMISSIONERS APPROVAL° This plat has beer approved and =s accepted for filing by the Board of Pitkin County Commissioners this day of 1967 A.D., subject to the provision that Pitkin County shall not be liable for, nor shah it provide for, the maintenance or snow removal from the private roadways as herein p€atted and located. Pitkin County Board of Commissioners Cho-4nan CLERK AND RECORDERS CERTIFICATE Accepted for fi ng and recording in tate office of the Clerk and Recorder. of Pitkin County, Co'3orado,this day of ,196' A.D. Piot Bock , Page 7 A Reception= No. �,� r — Cierk and Recorder SURVEYOR'S CERTIFICATE :,Richord L. Powers, a Registered Land Surveyor n the State of Colorado, do hereby certify ihat the survey of Blcck Birch Estates and of the abode Plot was made by me and accurately shows said subdivision to the best of my knowledge and belief. Land Surveyor No.39i3 James L. Be'l and Associates of Colorado 1130 Black Birch Dr.