TC Minutes 01-31-19950 E
Partial Transcription of Council Worksession
Held January 31, 1995
Introductions
Mayor Pro-Tem C.C. Nottingham, Councilor Tom Hines, Councilor
Richard Carnes, Town Attorney John Dunn, Mark Donaldson, Steve
with Land Designs, Mike Claffey with the Army Corps of Engineers,
and Town Planner Mary Holden.
Councilor John Hazard and Town Manager Bill James arrived after
'the introductions.
C.C. asked, "Mark, on this, are you the architect or what?"
Mark said, "I'm the Planner for the project. Are you talking
about the Boulders, or Nottingham Station. I'm the architect for
the North Project, (the railroad part) and the planner for both.
I'm here today to listen and certainly in the spirit of
cooperation to find out where you are heading with some of these
issues. I will participate at any level you would like me to,
but otherwise I will be pretty quiet."
C.C. said, "We have made contact with Mike to get some good and
current information about what kind of an issue we are dealing
with and basically Mike - it is because our guidelines were,
developed many years ago and we just haven't had enough spare
afternoons to sit there and say what should we do today. Let's
look through-our guidelines, came to my attention after one
project had been approved that basically in today's updated
awareness and sensitivity to the river, and wildlife habitat,
open space - the whole gamete - that if we're wearing the
stewardship hat, of being in charge, we want to make sure that we
are doing the best thing, and find some vision with the'best
information we have available today. And, so we wanted to bring
you here and give us some things that we might be aware of, as we
look to perhaps update our guidelines, especially since the
County and Ellie Caryl and another committee which is what - the
Eagle River Management Plan. We've got so many of these groups
going on about water and rivers that the names are just going
like crazy. Since they are coming up with perhaps new guidelines
that they would like to suggest to municipalities and it would
benefit everybody if we had consistency, even within our own
county - and then who knows - state wide and that type of thing."
C.C. said, "A couple of, well I'll get into what I brought later
on, because I think then, I thought it was going to. But, I know
that you visited the sight. I don't know during what month - I
know that the sight visit we just made with the Town Council ran
a little deep in snow - and so hard to visualize things.
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We do have some concerns about new jargon that maybe a few months
ago we didn't even think about - like riparian zones verses
wetlands - the whole schmear, so can I just
Mike said, "First of all, I'll start off real quick with what we
do and what our responsibilities are as a federal agency. The
administration section four - which requires anyone that is going
to discharge dredge or fill material into the waters of the
United States that they obtain a (unable to transcribe - too soft
of voice) which includes rivers of the United States and adjacent
wetlands. Wetlands are defined as areas that are saturated
(unable to transcribe - too soft of voice).
Mike said, "What that means is wetlands are any boggy wet areas
that the ground water or either surface water flooding stays
close enough to the surface of the soil during the off season
(unable to transcribe - too soft of voice) plants that are
adapted to wetlands. Plants provide critical wildlife habitat.
(unable to transcribe - too soft of voice). They basically act
as a big sponge in the flood plain. (unable to transcribe - too
soft of voice). But, any way, that is a wetland. And, that is
what we-regulate - anything in wetlands. We do not regulate
activities in what are called riparian areas. Now this gets a
little confusing because wetlands alone - say the Eagle River
right adjacent to the Eagle River are also riparian areas - some
of them just look like riparian areas and I would come out and
say that can possibly be wetlands. But there are riparian areas
that are outside the wetland boundaries. The riparian area quite
often goes further than the wetland does. And it is - there are
many definitions of riparian areas - the simplest is just plant
community grown alongside the stream or lake. It doesn't have
any requirements for high water table and it isn't as saturated
as the wetlands. Probably the most important function is that
they stabilize their stream bank, shape, drought, maintain the
integrity of the stream. We do not regulate anything in riparian
areas. Somebody has just a riparian area - no wetlands - which
does happen - some of them do but doesn't have to come to us for
a permit = it's not wetland. They usually do come to us for
what's called a jurisdiction determination which is the phase we
are at with this Boulders project."
Mary asked, "What about the Nottingham Station?"
Mike said "Nottingham Station project - they have sent in a
request for jurisdiction determination for us to verify the
wetland boundary area that they have delineated. once they do
that - we have to go out in the field - we are expected to do
that - to go out and look at it below high water to see if it is
accurate. The work outside of that is not regulated - outside of
the wetland boundary - even it is riparian. That's what we do.
The question that has been raised - is what should the Town of
Avon do'about their riparian areas.
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I guess the riparian areas are important and supposedly county
governments such as Boulder or City of Boulder and Pitkin County
have developed riparian ordinances. San Miguel County has
(unable to transcribe)."
C.C. asked, "Richard are you a little familiar with that?"
Mike said, "What it says basically, is you basically need to
avoid any development on riparian lands. If you can't avoid
riparian areas and the county decides to give them a permit to
disturb the riparian areas, they have to mitigate where their
disturbance, by equal volume replacement-of woody vegetation.
What that means is, if you have a corridor of willows, they have
to replace that corridor with willows somewhere else, and this I
don't quite understand. But, you can just replace a riparian
area by putting in another vegetation by the stream with an equal
body of vegetation. San Miguel County is a little bit more - I
believe their's just says you won't impact wetlands. And, I
don't know how they actually did give someone a permit, if they
did."
Tom asked, "How much of theirs is riparian?"
Mike said, "Theirs is wetlands. It doesn't specify riparian
specifically."
C.C. said, "That of course is where Telluride got into the mess."
Mike said, "The San Miguel County ordinance come on after the
Telluride violation."
Mark said, "I think you have a setback and lot of the county has
a setback and also Colorado has a setback from the stream - from
either ordinary high water - I think yours is - Vails is from the
center line. Everybody has a different kind of setback. Well,
setbacks may be easier to understand than an engineer can go out
and put it on a plan and that's it, see ya. It really doesn't
make a lot of sense, cause what we want to do, is we want to
manage for the riparian area - if that is what you want to do -
or wetlands - if that's what you want to do. So you really need
to go through a border or a boundary of vegetated zone that is an
important eco system. Or, if your managing for - if your not
really managing or trying to protect ecological value, but just a
view corridor, than you could come up with another definition -
whatever you want - but something at the top of the bank -
whatever. But, a set 25 feet or it may be 50 feet from the
stream bank or 50 feet from the middle of the creek - that 50
feet may take you all the way up on (unable to transcribe). That
really has no functioning ecological value that supports that
stream. Although they all do at some feet - I'm just not sure
which numbers are important for stream maintenance. (unable to
transcribe last comment in this segment)."
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C.C. asked, "Some what?"
Mike said, "Its just grass."
Tom said, "If I could ask you a question. Since your primary
function is to deal with the wetland how does that eliminate your
work - I mean, yea, if degradation and riparian and habitat - it
certainly has to have an impact on what riparians - I don't
understand why it is specifically on the wetlands and not on
riparian areas."
Mike said, "It gets back to the law. The law is between water
rights. In fact, in the clean water act and the whole law the
word wetlands in not even mentioned. Wetlands were brought
about through regulations - through a variety of law suits in the
early 70's against the government by environmental groups. And
it was recognized that wetlands were important in maintaining
water quality. So wetlands were mentioned in law suits by
jurisdiction and expanded to wetlands - ever quite gone into the
riparian areas, although in the future it might. But riparian,
and wetlands are a transition zone between dry land and open .
water and they are saturated at sometime,.during the season, near
the surface of the soil. So there - it probably would have been
easier to reach out and say if you're regulating wetlands as the
waters of the United States or is it if you went to riparian
areas the payoff - the water table in the riparian area may be 3
feet- down at the highest."
Tom asked, "Both are inter-related to such an extent that
degradation of riparian certainly leads to degradation of
wetlands?"
Mike said, "Well not all the time but, it certainly can happen.
But, degradation of straight riparian areas - well, in a lot of
cases along the river like the Eagle River will meet the
degragation of water quality. You know, work on an upright if
your all familiar with riparian than (unable to transcribe)
wetland by run offs and (unable to transcribe). We are not going
to become a land news agency that regulates every person."
Mike said, "I was asked to come up here
our thoughts - this is not the official
government. I would suggest if you are
pursuing this - some type of ordinance
ordinance - that you think about hiring
with that. There are various wetland ci
for developers or ecologists that could
kind of writing - writing up a document
to give you my thoughts
position of federal
really interested in
riparian or wetlands
a consultant to help you
Dnsultants that do work
also help you with this
like this.
Richard asked, "Can you describe (unable to transcribe)?"
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C.C. said, "And, I'm kind of concerned that we get the good
definition on the tape so that we could share it with our
Councilmembers who are not here."
Richard said, "I understand (unable to transcribe)."
Mike stood up and away from the microphone, using the flip chart
to draw the definition of wetlands and riparian areas.
Mike said, "This is a stream cross section. This being an
ordinary high water - the dash line. In the delineations, you
might have willows in here - fairly large willows, okay. This
may be a wetland boarder or boundary that we would flag as
wetlands. Up in here, you may have some species like service
berry, some alder, maybe even some more willows. And then up in
here, on this bench, you may have the big cottonwoods. This is
the wetland boundary - the reason it's wetland is because
ordinary high waters, right in here, its saturated long enough to
get a growing season that we get these dominates of plants - we
have a list of what plants are found in wetlands and they are in
here 5096 or more. Up in here maybe just as vegetative - and you
look at it and say why isn't that wetland - it looks the same to
me. It just doesn't have the water table close enough to the
surface to make it a wetland. It is however riparian, because it
is adjacent to the stream and it is somewhat affected by the
stream's hydrology. When you get up into here - somewhere up in
here - you may come up to a dry meadow or in some cases conifers
forest. This would probably not be classed as riparian. It is
really not an easy concept. I had to give a talk at a seminar
last year and my whole topic was suppose to be the difference
between riparian and wetlands. And, I went to the library and
got some forest service publication and researched publication
that they had done and their definitions were way-.different than
BLM - way different than ours, the Corps of Engineers.
Everybody, even the federal government, has a different
definition of riparian. The forest service definition would
include large areas around the stream, whether or not it was
literally adjacent. To carry this a little further, this may be
the edge of riparian - this maybe say a dried up conifers forest.
You may go back here and the surface of the ground drops a little
- say there is a mountain coming up here - there is a spring
coming out here - this area may be wetland - this is what we
would call wetlands - could be a real boggy area - with hedges
and grasses inundated to the surface, saturated - fed by this
spring. To me, under the definition, I would use - and a lot of
people agree - this is not riparian. There is no surface stream
or lake here. It's a vegetated wetland regulated by us, but not
considered riparian. Whereas this would be pretty dry - you
could walk right through a lot of the cottonwood galleries that
are in this part of the state are riparian areas."
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Richard asked, "On the right side of that map, there where you
are drawing, there is not a wetland - it goes straight to
riparian?"
Mike said, "Yes. There might be a little fringe of wetlands -
maybe right there. And, this happens a lot. And, then it goes
straight up and probably about in here; we would call a riparian
area. Now it may have cottonwoods - it may not - it may be just
all grass. And, that would have to be a call, that would have to
be made, where we would consider riparian. Riparian does not
have to always be where woody vegetative trees and shrubs."
C.C. said, "One of the things that we didn't know - if it was an
easy thing to determine - if we just had - if we could easily
call - this is before learning a little bit anyway - from bank to
bank perhaps, that you know that was the riparian habitat and
that sort of thing. One may bench up and step up, or whatever -
we talked a little bit about primary - shall we disturb primary
banks, secondary banks - and we know that there are some meadows
that just slope into a nice body of water, and than we've got
some cliff sides there whatever and everything in between. Where
you have the cliff side type one - where it just goes up and you
know that it would be very difficult to walk along those and -
what happens - I don't know where I am going with this - but
removing that cliff side, that steep drop into the stream - and I
am looking for the negative effects, to be aware of, that it may
have on the river habitat. I mean removing it like twelve feet
down."
Mike said, "You could severely impact the morphology of the
stream."
C.C. asked, "What's morphology?"
Mike said, "The stability of the stream. Streams are all
different types of streams - have different types of morphology
and they can't go right into the bank of the stream and remove
the bank of the stream without affecting some of the morphology.
It can possibly be done directly but, if you have a twelve foot
bank along the stream or a cliff, and you are talking about
taking a whole cliff out, that is there for a reason - if it's on
the outside end of the stream it's stabilizing the stream - once
you take that out, the stream is going to move."
C.C. asked, "What about if it's in a straight line - you know
it's just part of the land formation?"
Mike said, "I don't know what the affects of that would be. I
would have to look at it and actually that's really not my area
of expertise - that would be more of a hydrologist."
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C.C. said, "And, I am kind of wondering, maybe the obvious one
is, if it's a straight up and down, maybe the less obvious if it
banks a little and than,it goes up to it.very obvious straight
removing that and I'm just having
Mike said, "Once you get a far distance from the stream - like
this upper bank - you are probably not going to affect the stream
that much, or the upper terrace. You will affect - if it's a big
enough cut and.it's not stabilized - you will affect the stream.
And that's what happens with a lot of our road construction.
(something about construction around Silverthorne and the DOT
spent a lot of money to fix it up = unclear transcription).
That's a big affect - they didn't go into the stream at all, they
just - a huge cut in the mountain side sent a lot of sediment and
road sediment into the stream. So working in an upper terrace,
while it may not directly affect the (unable to transcribe)."
Tom said, "Mike, I'm trying to understand how you work and the
process here. They hire somebody to come and delineate what they
consider to be the wetlands on their property. And, then you
come back and you clarify as to what that boundary may be?
Mike said, "We verify the boundary. We walk the boundary." If we
agree with this - we basically - they have to get the boundary
surveyed. We have that plan and we send a letter verifying the
boundary - saying this is an accurate representation. If we
disagree with it, we change it in the field. And, they resurvey
it.or re-map it a little bit. Then they send that to us with
the corrected map. Then we send the letter."
Tom asked, "You can only do that process in the spring when you
have warm weather?"
Mike said, "Well we do it all summer. It doesn't have to be just
in the-spring, but we can't do it in the winter."
Tom said, "Okay, so in your process, they can't move forth until
they have that from the Corps of Engineers. Do you - are you
ever concerned with - I am, you delineate a boundary - are you
ever concerned with encroaching up to that boundary line or just
what's within the boundaries itself."
Mike said, "We are concerned with it, but we do not regulate it.
Under our law, you can come right to the boundary. You can build
right up to the boundary. It will affect it. We recommend, to
local agencies, for their permitting process-, to get them away
from that boundary. We do, also, tell them in writing that if
they - a unit / house right up against the boundary - and I have
seen this happen - where we are going to end up in a violation,
because it's almost impossible to build right up next to a
boundary without getting some dirt into the water. No contractor
around is that good, that they can dig and not impact the water."
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C.C. asked, "If they gave.ten feet of space."
Mike said, "If they put it on a plan. It's not going to happen."
Tom said, 110K, to some extent, I guess we are here trying to
gather your opinion and expertise on this issue. And, I guess
we're primarily dealing with riparian area - that is kind of out
of your forte'. Going back to primary / secondary type of a
situation - I'm just logically - and I don't-have'a clue as to
morphology and hydrology - but you know if there is a certain
situation that exists where you have a sort of,a bench on that
property, and so you're dealing with what you might,call primary
/ secondary - I'm trying to establish within-my own mind the
definition of riparian. And, it's kind of difficult to go from
bank to bank if what we're dealing with is terrace benches - you
know where do you draw a line?"
Mike said, "Riparian environment is where the vegetation is
influenced by the river and effluences the river."
Tom said"So, primarily that means anything definitely within
bank to bank. What happens in an area where you have a terraced
sort of situation, where you may have a primary bank or that
elevation - all of a sudden it widens out in an area, and it is
steep on one side, and you have a terraced effect that comes
down, but the elevation bank to bank, where it widens out, it's
kind of difficult to say, well that 100 yards or whatever it may
be, because of the terraced effect - all that-is riparian?"
Mike said, "It depends on the vegetation. If it's terraced up
here and although it gets pretty wide from the stream - if it's
still cottonwoods and some undergrowth, than yes, it is
riparian.
Unable to transcribe - too many people talking at once.
Mike said, "Now if someone develops an ordinance for riparian,
then you have to come up with a scientific definition - to come
up with a legal boundary. But if there are cottonwoods and some
alder or willow or any of the other riparian plants up there on
the high bank, then that is riparian. If they stop down here and
then above that is a grass area, but it is still going up to
another terrace, that may not be riparian."
Mark said, "So, the idea of going bank to bank is probably too
general., Because, on this particular project we probably have
several tiers of banks. In fact, the argument would be, you know
the top of the mountain, across the valley, of the last bank, in
this part, of the valley. I think we are really trying to get a
grip of what is the bank of the river."
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Mike said, "The bank of the river is not riparian. The bank of
the river is that lower elevation right below - that's the bank
of the river."
Mark said, "We've all misused the term bank of the river. I
think, what we should try to do, to come to grips with this, is
to understand the vegetation delineation."
C.C. said, "Do you have to wait to see what things are growing to
see what is there?"
Mike said, "No."
Tom said, "To some extent your cottonwoods may extend past what
we might misuse as a bank definition. A lot of that extends
back, but depending on what your water table may be. I guess
primarily my main concern is - and I haven't attended all these
things but, you know if, you definitely degraded if you start
impacting that riparian vegetation on the banks. You also - you
are losing that environment. I'm trying to clarify how we come
about defining that riparian. And, I can't use bank to bank. I
wish I could, but you know, you come up with a fairly definable
means and you've mentioned that Boulder and Pitkin-have a
riparian ordinance - I would really be interested in looking at
that."
Too many people speaking at one time = unable to transcribe.
C.C.- said, "It sounds to me, with conversations we have had, and
I don't want to say that wetland is passsay, but the more
sensitive, planning for the welfare, the future type situation is
mapping the riparian way, rather than just limiting it to just
the wetlands. It's just a more ethical,- moral, sensitive thing
to do. Even though it may not have the legal bite, but wetlands
do - as far as this clean water act and all."
Mike said, "Riparian areas are important. They are recognized as
important areas in Colorado. In this - I wouldn't even say for
their project - the Eagle River in general - the riparian
corridor is the vegetative community and basically the river
dominated by riparian plants - cottonwoods, willow, service
berry."
Too many people speaking at one time = unable to transcribe..
C.C. said, "Even though there is no law - whatever - I just can't
help go back just because it's legal doesn't make it right as far
as the stewardship we have. And, you know it scares me when you
say service berries - boy, Highway 6 right here, you can pull
your car over and pick service berries right there."
Mike said, "Along the river?"
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C.C. said, "Yes. And, even where asparagus plants - you know how
they need boggy. I know what property,.where the wild asparagus
are growing - up near the top. Anyway, I guess I had also talked
to you about - if you were rewriting guidelines for our town, or
something like that, what would you like it. We have had a lot
of copies and information about other communities, towns, and
municipalities and what they have for setbacks. And, you know,
the words that they throw around there. Now, I realize, perhaps
I don't know if they are properly used or improperly used - we've
been throwing the words around too, and finding out'they have
many definitions. But, I believe you told me - we were talking
about the bank and how many feet back from the bank - and that
you would like - if you could have your drothers . . . . . OK, an
artificial is from the middle of the stream, from the edge of the
stream, from the highwater mark - you'd go on vegetation, rather
than - and how far back from riparian vegetation would you go?"
Mike said, "I don't know."
C.C. said, "Because we have been doing it in an old fashioned
way."
Mike said, "The way we do things is on a case by case basis. And,
we look at the type of development. For instance, a single
family home is not that intrusive as a condo complex."
C.C. said, "Like 74 condos, above bank?"
Mike said, "Or a City Market with that large area of parking or a
mall or something. It would be up to you. The first thing we do
is get a-map and see how much of your town is.riparian and than
decide if you do want to want to buffer it, what would it be."
C.C. said, "To protect riparian, I know that it depends on - if
you're looking at something that looks like this or this, you
know - how the degree of the topography changes and you want to
be away from the vegetation that shows that. And, when you
t_alked'about building up to the edge of the wetlands, or
whatever, and how you could do that, although it's not smart,
whatever. How could you - would ten feet pass the riparian thing
and knowing that on a piece of property, that may take it from
here, to here, to here - ten feet - 20 feet as a minimum."
Mike said, "I would go with 10 feet, but I would certainly - you
got to remember also if your developing an ordinance, you don't
want to make it an all exclusive, absolute, ordinance that no
riparian area will ever be touched again in the Town of Avon,,
period. No need to set yourself up for a law suit. You should
have some kind of a permanent process that would protect riparian
areas, and that you are going to stay out of riparian areas.
However, you have to stay out of the riparian areas to the
maximum (unable to transcribe - too soft of a voice).
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The applicant has to demonstrate that
other practical alternative other then
And, sometimes they can. There really
alternative considering cost and a lot
•
there is absolutely no
filling those wetlands.
is no other practical
of other things."
Mark asked, "So economics does come into play."
Mike said, "Yes. We can deny a permit even if you can
demonstrate no other practical alternative, if we feel'the
wetlands is of significant high quality."
C.C. said, "Maybe we could pick your brain a little bit too -
putting - for public use paths or whatever, through this, if it
is going to be - if the area next to the river - for Town and
your thinking of, you know, the Colorado back to nature type
thing and people would be able to go down and fish or picnic or
whatever - we understand that you can kind of do what you want,
if you don't turn a shovel."
Mike said, "Right. We only regulate the discharge of (unable to
transcribe). A lot of the trails people go to now are either
soft surface trails or concrete asphalt trails (unable to
transcribe) to intrusive in wetlands or riparian areas and are
general purpose is now to get people out of wetlands, away from
the stream. But on this particular project that we have out
there, if someone wants to put in a walking trail, that they just
go down and cut some vegetation - clear some vegetation - so they
can - could form a discernable path, than that doesn't require a
permit. You bring fill in to create a soft surface, that does
require a permit."
Mark asked, "I guess, for the point of clarification, if you
allow willows to be cut on wetland area without a permit, than
how do you define the wetlands, in a practical sense? Because if
the willows help define the wetland area
Mike said, "It's not just willows. We look at vegetation,
materials, and hydrology; three perimeters."
Mark said, "Let's assume that a wetlands area has been
established and agreed upon. And, we want to throw this soft
path through a wetlands area. And, what Mary has explained to
us, is what you just said - we should be able to do that without
a permit. From a practical matter, how can we - the Corps
operates that way, because, what I would say is - well, if I
wanted to be a real devious developer, I would go in there and I
would cut all those willows."
Mike said, "We have had problems like that before --people have
tried that, but we can still call a wetland. It would very
obvious to us, if you cut the willows.
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We also look at the soils and the hydrology and we would say it
is a wetland - it's a disturbed wetland- but it is still a
wetland."
Mark said, "We were pleasantly surprised that there would not be
a rigorous permitting process to establish some kind of a soft
path, so long as we didn't turn any dirt or as you say adding any
filler - we don't change the contours."
Mike said, "You can't - the easiest way to understand is you
can't tip a bulldozer blade into the soil."
Mark asked, "There can be a bulldozer on sight?"
Mike said, "No there can't."
Tom said, "So we should come in with some sort of a chip type
material and establish a path."
Mark said, "That would require a permit."
Mary said, "You can't do anything but go in and weedwack."
Mike said, "Now that sight there is enough room to stay out of
the wetlands, for the most part."
Mark asked, "For a building construction or pathway?"
Mike said, "Pathway."
C.C. said, "I'm concerned about..."
Mike said, "I,mean even in the one area where we got two
different wetlands got wider, you would have to either move the
buildings back further away from the stream, to put a trail up
there, or at that point run the trail up behind the buildings and
in the parking lot."
C.C. said, "So basically the physicalness of the sight and - you
need to check it in the spring, before we should be giving out a
permit for these buildings, and where they sit on the property
right now?"
Mike said, "Let me get this clear. We are not saying that they
can't build until they get the wetland mark. There is no law
that says you have to have a wetland line approved. That's true,
and is what happens in most cases - in almost every local
government I deal with - is the local government-says we are not
going to give you final approval, until you get your approval
from the Corps of Engineer."
C.C. said, "Which we did."
12
• •
Mike said, "That this'-line is correct. That's the way it
normally works."
C.C. said, "Okay. So we still - in this case because we did
that. Right, Mary?"
Mary said, "We're - it hasn't gone to planning and zoning for
final approval yet, but that is what we are proposing as one of
the conditions."
C.C. said, "Yea. And the crucial part to this, is that the west
end of it, I believe - having banks that the property gets narrow
and narrow really concerns - about removing these banks. I mean
- there is my concern - I don't think that we should be removing
banks.- And, on the tour, they said, you know - it will be moved
- we said, well, how deep - what are we talking about. Well, an
average minimum and maximum is twelve feet. I'm thinking, my
god, that's more - a floor that your going down, so it won't hit
the configuration of - I guess at first, you think building on
top, oh well, so what, because they're going to build you know'
how close and whatever. When you're actually talking about
removing this section, so you can build in there, that impacts me
big time. I don't have good feelings about that, and I want to
know if it is safe or not - how visionary wise - how it's going
to impact - we can't let everybody - and even though they have
pointed out to you, well most of your property in Avon is already
predetermined with plans and permits and all this stuff - is
given out anyway. We can't let everybody come along and remove
this bank to sit there first floor in. That's uncomfortable."
Mike said, "Not only that, a lot of the amenities of this Town is
from the river and (not clear transcription - something about
rafting the river)."
Too many mumblings - unable to transcribe.
C.C. said, "Is that from the old - that was from the old plan."
Mike said, "That old plan had some of the stakes (unable to
transcribe - too soft of a voice)."
Too many people speaking at one time = unable to transcribe.
Mark said, "The wetlands line was surveyed in by Inter-mountain
Engineering. The building placement, with the orange sticks
which you saw, Mike, Bill prepared himself. He got out there
with a 100 feet tape."
13
Tom said, "I just can't be specific and I don't know how I could
be playing it for both sides - per our discussion, I expressed
some concern about the west end of that property in relation - in
regards to the building and proximity of the western most
buildings and the wetlands. And, I forget what the delineation
was between - I guess I need a clarification on what the*actual
wetlands determinations going to be, but even so it seemed the
proximity was still awfully close at that western most end -'and
I made a suggestion about shoving the buildings back up'- there
was some discussion about what impact (unable to transcribe). If
you were to try to put a path in there we'd probably have to
shove the buildings back at the western end. Which means you'd
lose that on the other side of the building (unable to
transcribe)."
Mark said,-"We dropped a couple of units in that one far western
building, which was building A, and that was the one that was
close to the wetlands or is right on it. And, I think by -
dropping those two units and reconfiguring slightly, we'll be ten
feet - is what we will try to work with."
C,C. asked, "Ten feet back from riparian?"
Mark said, "No from wetlands - what we're learning today - I
don't know what we can do C.C. - I don't know if we can - we may
have to walk away from the project, if we end up getting ten to-
fifteen feet away from riparian area. Because I suspect that an
argument could be made that 40% to 50% of that sight is
riparian."
C.C. said,. "I think so, too. There is service berries all up
there. There is willows up there."
Mike said "Wait a minute, the willows and the service berries up
on the top of the bank is flat area and is not considered
riparian."
C.C. asked, "Because of the soil and hydrology?"
Mike said, "This is probably produced by irrigation."
Tom said, "I think this is going to be the whole crux of the
issue - not so much for the wetlands, but the riparian. My
question is, if the town is interested in trying to establish -
even if we come up with a basic definition of - as you said, it
almost has to be done on some sort of a permitting type basis -
we can't disallow all. Who is it - who is the so called expert
that the Town would look to, to establish what the impacts are on
that case by case basis - would it be that we go out and hire a
hydrologist, in order to establish what the impacts are going to
be?"'
14
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Mike said, "(not clear transcription) in the river, by the river,
close to the river, near riparian areas, you may want to end up
looking at hydrologist to access those impacts. But, if you are
talking about a case by case basis to finding where a riparian
area is ? ?
Tom said, "If the Town wishes to enforce, within its
jurisdiction, it's going to have to come up with an over all
definition of riparian. It goes back to these arbitrary -.so
much from the height of your foot - that mean might be a little
out moded when it says that in some areas to protect vegetation,
riparian environments, maintain view corridors, all of those type
of things within an area. So first off_, the Town needs to come
up with a definition of riparian - sounds like there is many.out
there. _In my own mind, I can establish different intrusion in to
that - you do have some riparian environment that exists up
above, on the banks, that comes down beside the banks -
differences between-primary / secondary type of road on the
primary, secondary bank. You know, it's a tough one to call and
come up with definition. I guess basically the concern would be
- from my point of view - one, you want to maintain an adequate
corridor. I don't know what that would be. An adequate corridor
in terms of one, preserved for riparian, all the related
environmental aspects of that - of wild life, plant life - all.
those type of things. Two, how much can you intrude in to that-
riparian environment without degradating the actual - strain"
river, whatever that may be. So I guess, that's my concern, as
Mark was alluding to - this certain project, I would presume and
- I don't have a definition of riparian, but from what I see from
walking the property, that development as presented, it would be
a major impact, be it in the small section of that river, but a
major impact on the riparian environment. As I understand the
definition of riparian."
Mike said, (unable to transcribe = too soft of voice). "As long
as you give us a good enough idea of where it is, wetland
boundary, we would comment."
Tom said, "But, this is wetland, not riparian."
Mike said, "We can comment on riparian. We do have a say on what
happens in riparian areas. Someone does need to comment - they
don't.need a permit. (very difficult to transcribe - too soft a
voice)."
Too many people speaking at one time. Train going by and Mike
speaking too softly.
C.C. said, "I guess there is a bigger picture to this that I am
sensitive to and whether'Avon's river corridor has been totally
spoken for or not at this point and time.
15
I am really sensitive to the consistency along the whole Eagle
River because it impacts quality of life. One example I want to
give of that is a new group that is starting to meet with
government and business leaders from our community, from our
valley here. And, it is basically on what are some of the major
issues and what can we - public / private - do about it because
the public has been attempting it for a while and it is not
working and they need the private push and so they asked and they
did - we did surveys prior this organization forming and the-
major issues confronting Eagle County - the most common responses
- housing, second common responses - transportation / traffic
congestion, the third most common response that we need to be'
sensitive to is loss of river and view corridors. So, we know
that'it'is high on the minds of the people of this community.
And, my point of one of my concerns was that we-today sit here up
and down our valley and not just pointing at our town and look at
things and just say, you know, how did they every let them do X?
Well, we as a they, perhaps in a little piece of the pie, right
now, wearing this hat, and I don't want someone to.look back on
us and say, you know, why did the Avon Town Council ever allow X?
And, maybe set a good example - Avon has always been proactive -
and set a good example for our County, too, and other
municipalities to follow to do something that,is visionary for
the future generations because some of these things we can't step
back from it and undo it once they're done. And, so the research
and everything right now is well worth it. I also have a
question about the idea that I know the developers have hired an,
expert to map their wetlands. Gee, how does that work? You
know, here's where my check is coming from, I know what they are
trying to do - I mean, I'm not putting the professional whatever,
but I'm just wondering about it being screwed."
Mike said, "That's why we're there."
C.C. said, "O.K. then . . . I have no problem."
Mike said, "The consultant that he hired is very good, very
reputable."
C.C. said, "Well, I know there professional within their own -
you know "
Mike said, "We know that some of them are not."
C.C. said, "Oh."
Mike said, "Some of them are not. But, the ones they have hired
are very good. They make mistakes, honest mistakes. And, you
should realize that. It is also not a black or white call.
There is a big deal of professional judgement involved in setting
that limit, whether its here, at that wall, or even further.
16
• •
It is not black and white, like a 25 feet from the edge of the
bank."
Tom said, "So, in going through . .
Mike said, "I could disagree with them on their wetland quality -
it may not be they were planning to do anything - I would just
disagree - I may move it down, closer to the river."
Tom said, "But, in that process, on each and everyone of those_
you actually take the whole summer to investigate that?"
Mike said, "The whole summer, oh no. That will be done in two
hours."
Too many people talking at one time = unable to transcribe.
C.C. said, "I'd like - because we are about five minutes over
time and sure appreciate you coming - I don't want to let
anything go unturned since we have you here finally - and if
there is any closing thought that somebody needs to get out? Go
ahead."
Steve with Land Designs asked, "C.C., planning and zoning
specifically asked this question so I think we should ask it.
And, that is the ability to plant and add plants to wetlands - is
that even a possibility?"
Mike said, "There is not a requirement for that."
Too many talking at one time = unable to transcribe.
Mike said, "Small shrubs, things like that, that would be OK.
But, large trees, when you have to dig a fairly large hole, we
would need to see some plans."
Mark said, "C.C. this is my closing comment and I think this has
been really helpful for me today. I have never set with someone
like Mike and heard - the fact that this is not a black and, white
science. But, about a year ago when we started, through the
process, we raised a lot of awareness - I think when we went
through with the Boulders, among other things. But, one of the
goals and this is where I think Avon is taking a good lead in the
responsibility of where you want to go with river front
development - but some of the goals that we are dealing with out
of your comprehensive plan are things like goal A4 capitalize on
the Eagle River as a focal point for future development,
emphasize the river corridor as a site for the development of
recreational amenities and linkages. Promote the-'orientation of
future development along the river corridor to the river as an
access and amenity. That language is so broad, that you can go
off in one direction or the other.
17
0 0
I think that because of the broad language in here - we know that
this is a guiding document - it is not a regulatory document.
But, you don't have a regulatory document, you don't have
anything that is adopted that defines riparian- that defines
wetlands or anything. So, we have gone back to Army Corps
manuals and looked up definitions from 1892, big deal. I'd like
to see us all work together to create some more finite focus on
what these goals are all about because I can sit here and go on
all day and all night about how we are meeting these goals and
objectives - and Mike can sit here and say no you're not.-.you
did this or you did that. So, I think we need detail here. And,
I believe, that is what Mary has been searching for, in reviewing
our-project, is that we all lack detail."
C.C. said, "We are good to educating ourselves this way. And, as
far as that comprehensive plan is - right now we are in the
process of having it updated, and, so that is real good. And,
then our guidelines - we always have to keep in mind that you
have to put common sense into it and that those are minimums."
Mark said, "I agree."
Mike said, "There is one way to settle this - at least on this
property - of what is the riparian area. You seem to have
trouble with what is a riparian area on that specific project.
on this primary / secondary bank let me know another word out
instead of that. What we use quite often is first, second, and
third flood plains. Basically where the stream.used to be and
had abandoned it, come down into different turfs and it gets
drier as you go up. But one of the ways to settle that would be
to ask them to have their consultant delineate a riparian. Put
that on the map and see what you have got."
Mark said, "That is exactly what would happen - we would see what
we have, because these same documents talk about being sensitive
to the riparian areas and but, they don't say stay out of them.
They don',t say stay so far away from them - they say be
sensitive. It is not a no build zone, clearly. But, once we
find out where the riparian areas are on the sight we're probably
going to go into bitter shock. We probably have buildings in,
riparian areas."
Mike said, "I know you do."
Mark said, "Maybe 74 units."
Mike said, "They could at least quantify what-- I mean the way I
understand it, this project has already been approved."
C.C. asked, "Well, where are we exactly in that whole process for
this project?"
18
! i
Mary said, "There is approval."
C.C. asked, "For the first Boulders?"
Mary said, "Right."
C.C. said, "Which now we realize probably, could be, maybe, in
some wetlands which would have never flown."
Mike said, "They were always out of the wetlands - that was never
an issue."
Mark said, "Yea, that was never an issue."
Bill said, "Now what they're doing is they are,coming back
through with a different plan then what the Boulders-was and'you
have an opportunity - again they are coming back through and you
are modifying the PUD, so it has to go back through the same
public hearing process. When they go back through the public
hearing process, there are opportunities to make adjustments to
their PUD plan to subtract from or add to their requirements.
So, if you want to, you could require that they go ahead and
define or delineate on a map what somebody believes to be the
riparian area. That gives you some idea of what you are dealing
with."
Mike said, "Some wetlands are higher quality than other wetlands.
There is a bill in congress right now to change our law to
recognize high, medium, or low quality wetlands. And, low
quality-wetlands you may not even need a-permit. We do that now,
on a'case by case basis."
Too many people speaking_at one time = unable to transcribe.
C.C. said, "We should not bring in - if we go through mapping or
whatever - should we or shouldn't we include - does it have any
value -this first, second, and third floor terrace? Is that
information we want to know? Because we are a terraced
property?"
Mike said, "I think it would be secondary information on the
report."
C.C. said, "I know we are over time, but it is such an
opportunity that I want to make sure that anyone that is here - I
know I don't want to abuse your time, you have a schedule to keep
too. But, I guess at this point, that if there is nothing else,
we really thank you for coming. This has been fantastic."
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20
•
Respectfully Submitted:
Patty Neyh
Town clerk
AND
Sharon R.-Sanchez-Medina--
Deputy Town Clerk