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DENIED Floodplain Applicationk LA.'J J -2,.PV- i V-7V S. VVZ Fermi t NU!i1liv., — Date Received / 3 15 2 MMMISMTM AMMW To BE COMPLETED BY THE FLOODPLAIN ADMINISI-RATUR FLoodway Fl.aodptaing no Base Flood The proposed development is in the >( Ftoodway Fringe Elevations given The Base Flood Elevation at the development site is 2q5l1'3r- 29o-o feet Source Documents Fl*,cA 56a-7 In A-Zons where no Baas Flood Elevation date is available, what is the historical flood elevation Or depth as determined by the FtoodpLain Administrator? feet (Date may be available from high water marks, racidents, nowspapars, OP other sourrsel. Document sources used to make determination Eievation Requirements HSL Elevation to which the first floor is to be elevated 1(114 feet. HSL Elevation to which the structure is to be fLoodproafed A11-4 feet. HSL Elevation to which the compacted fill is to be elevated /V//4- feet. In A -Zone if historical flood elevation or depth cannot be determined, what con4ditions arc r0quirod? Elevate 2 f"at above adjacent grade tresidentiaLl Applicant must provide ease Flood Elevation data Fkaodproof 2 feet above adjacent grade 10OmrkaPciaL) Prohibit basement construction Other (explain) Action Taken The proposed development is not in conformance with applicable FLoodpLoin Management Standards. Permit is denied. Explanation attached. -f72-J)o 'el",-t "--9 C4,1CA ke-e by 11-lev.-Pe—f &--"L The proposed development is in partial conformance with the applicable FloodpLain Management Standards. A conditionalapprovalIs granted. Conditions attached. The plans and materials r.Lbtittad in allpport of the proposed development are in compliance with applicable Floadptain Management Standards. Permit Is approved. Applicant has been advised that the proposed development may require a "310" permit {Section 75-7-101 at.seq. MCA) from the Local Conservation Districtv or a "Stream Protection Act" (Section 87-5--501 et.seq. MCA] approval from the Department of Fish, Wildlife and Parka, and/or a 11404" permit from the U.S. Army Corps of Engineers. Building Elevation and Compliance Certification ,,-& Certificates from registered professional anginBer Or land surveyor verifying elevations are"'attsched. The certified as-buitt M3L elevation of the Lowest floor of the structure is �V Alit foet. 1A Thu certified as•bultt M9L fLoodproofed elevation of the structure is t -I feet. Certificate, of Occupancy or Compliance Issued Date Signature of FLOodplain Administrator 0 �c I de -1' "C- 15, At? - (revised 11/26/86) A parmit must be issued by the FtoodpEuin Administrator before the development can begin. THIS FF(310N TO Fit: COMPLETED BY THE APPLICANT Name of Applicant ZL Date wl---)'-97 .19 Address Location of Proposed Development Description of Development (check box or boxes which best describe davatoWnt) Residential Subdivision Bridge le New Construction Mobile Home Mobile Home Park tz Culvert P Addition Commarci-AL Watercourse Attaration Fitt Improvement Other (explain) WrIV19-M-42M Signature of Applicant ATTACK TO THE APPLICATION THE FOLLOWING INFORMATION Plant in duplicate drawn to tests showing; A) Dimensions of the development site 0) Elevations of the development site W Proposed structures: buildings, mobile homewo bridges, cutvertsy etc® (include existing structures where appropriate) 0) Placement® number, and type Of anchors for mobile homes E) Utility connection locations: samery water, gas, and electric F) Bridge and culvert plant must include hydraulic computations by a registered engineer G1 Fill Location & dimensions N) Storage of materials 11 Drainage facilities A water course alterations including plan drowingut crows zectionap and hyrautic computations. Be sure to inctudo the following: 1) Mean See Level (MSC) elevation or the lowest floor (including basement) of proposed structura(s), or 2) MSL elevation to which structure(®) it to be ftoodproofed. (Appticantr may bm required to furnish additional information.) A permit fee of S must accompany this application. X- No gee is raqui red. Send this application d eIt correspondence concerning this permit to; Mama & TiLta Address I - GNU 7' Phone '7- -5'/) Page I of 4 of I &JIM A'J! 110116 *61m, e pill) 0 a MIT -1 SPRING CREEK DEVELOPMENT, LLC September 18, 1997 A request to maintain the fill and culvert placed within the floodplain and floodway of West Spring Creek during the development and construction of the Kalispell Hampton Inn, Kalispell, Montana. The property is further described as Assessor's Tracts 1 and 1B, Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County. BACKGROUND: A. Owner/Applicant: Spring Creek Development, LLC E. 608 Holland Spokane, WA 99218-1255 (509) 467-6654 B. Location: The property is located between Appleway Drive and U.S. Highway #2. The property is further described as Assessor's Tracts I and 1B, Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County. wfm- The properties have a single family home, outbuildings and a commercial structure located on them. 69DR-M Generally, the surrounding properties are being used or developed commercially except those to the south which are being used residentially. IT400 e 1.11981 The fill and culvert has been reviewed pursuant to the Flathead County Floodway and Floodplain Management Regulations. A. The proposed establishment of an artificial obstruction meets th,ts.' requirements of these regulations. The fill and culvert create an artificial obstruction in the one hundred year floodplain and floodway that appears to serve no specific purpose The engineering submitted does not address the culvert and fill separately from other fill and culverts along West Spring Creek that have changed conditions in the basin. The problems associated with the other culverts and fill along West Spring Creek that have caused a change in the floodplain boundaries will need to be corrected. However, the culvert and fill that have been placed in association with the Hampton Inn project have resulted in reducing the stream cross-section. Spring Creek Development, Dr' • Page 2 of i Therefore, the floodway and floodplain is expected to increase as a result of the fill and culvert placed in association with the Hampton Inn project. 1. The danger to life and property due to increased flood heights, increased flood water velocities or alterations in the pattern of flood • • • by • It appears that the alteration will have some impact on the floodplain and floodway. Although the engineering does not specifically address this culvert and fill because of the overwhelming influence of the culvert to the east, based on the stream cross -sectional changes, the project would appear to have at least some impact on the location and extent of the 100-year floodplain. 2. • danger that materials may be sweptonto other lands or downstream to the injury of • With changes in floodplain • floodway location, flooding may •- expected to impact properties not •n• -• by - developer. 3. The proposed • • and sanitation systems and the ability of •, prevent disease, contamination,and unsanitary conditions. None proposed. •. The susceptibility of proposed • its contentsto owner.flood damage and the effects of such damage on the individual None proposed. community.5. The importance of the services provided by the facility to the This is not a community facility and supports no community service. V. The requirementof rr a waterfront location. The facility is not required. The culvert appears to serve no specific or necessary purpose. The crossing, while necessary during the construction, does not provide needed access to the property at this point in time. The applicant has failed to demonstrate the need for the facility. 7. The availability of alternative locations not subject to flooding for ••, -• The crossing has not been show to be necessary by the applicant. Alternative access to the site exists without a stream crossing being constructed. 8. The compatibility of the proposed use with existing Spring Creek Development, LLC--FDP-97-19 Page 3 of 4 development and anticipated development in the foreseeable future. The immediate area is generally being or has been developed residentially and commercially. Some impacts from the fill and culvert are expected. The engineering does not provide any evidence to dispute that the culvert and fill will have an impact on the floodway and floodplain, as would be expected based on the changes in the cross - sectional area. Instead the engineering claims that the impact is masked by the existing culvert and fill the east. While this may be true, the culvert and fill to the east will also need to be corrected in order to bring the adjacent property into compliance with the regulations. 9. The relationship of the proposed use to the Master Plan and floodplain management program for the area. The proposal is in non-compliance with the Master Plan for the area. The area has been identified for commercial use. However, the master plan suggests that floodplain development should generally be avoided unless development of floodprone lands is the only alternative. The proposal does not appear to be required to reasonably develop the property. 10. The safety of access to property in times of flooding for ordinary and emergency services. Access is available during times of flooding without the installation of the culvert and fill. 11. Such other factors as are in harmony with the purposes of these regulations, the Montana Floodplain and Floodway Management Act and the National Flood Insurance Program. The project appears to have no specific purpose now that construction on the Hampton Inn has been completed. Alternative access is available to the site without requiring a stream crossing. ACTION Project Description: Fill Assessor's Tracts 1 and 1B, Section 12, Township 28 North, Range 21 West, P.M.M., Flathead County to the baseflood elevation. Based on the forgoing findings, Floodplain Development Permit #FDP-97-19 is hereby denied and removal of the culvert and fill and restoration of the floodplain and floodway is hereby ordered subject to the following conditions: 1. Any soil moved or placed during the restoration of this project shall be free of organic materials such as tree limbs, sawdust, grass, garbage, and trash. The use of broken asphalt for fill is also prohibited. Acceptable fill material shall include clean fill dirt, rock, and broken concrete. 2. Any other applicable permits shall be obtained prior to the Spring Creek Development, LLC--FDP-97-19 Page 4 of 4 commencement of restoration of the floodway and removal of the fill. 3. A plan for stabilizing the land along West Spring Creek shall be submitted to and approved by the Flathead Regional Development Office. The plan may include riprap' plantings or both. The plan shall be submitted within 14 days of the denial of this permit. The plan shall be implemented within 30 days after receiving approval from the Flathead Regional Development Office. 4. The culvert shall be removed and all restoration work shall be completed within 30 days of receiving approval of a stabzation plan from the Flathead Regional Development Office. 5. On completion of the restoration work and removal of the culvert, an engineer certification shall be provided stating that the floodplain and floodway has been restored to the preconstruction condift-don including the floodway capacity and channel hydraulics. Thomas R. Jentz, Floodlain A16inistrator Date Flathead Regional Development Office 7235thAve. East, Room 414 Kalispell, MT 59901 Le Cif of Kalispell Iancorporaied 1892 Building Deparfineani Diana Harrison Zoning Adaanianistrafor October 1, 1997 Tim Stulc Spring Creek Development, LLC. E. 608 Holland Spokane, WA 99218-1255 Tehephoanel4 06D 758-7732 248 '� Aceanaae East P.O. Box 1997 zip a599©3 EAX(4 06) 758-7739 RE: Floodplain Development Permit Application (Kalispell Hampton Inn, Assessor Tracts 1 & 1B, Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County. Dear Mr. Stulc: The City has recently received a copy of the letter sent to you from Tom Jentz, the County Floodplain Administrator. After reviewing the letter and the attached staff report from the County, the City must concur with the Findings of the County Floodplain Administrator and deny the requested floodplain development permit. The City recently had a preliminary study of the Spring Creek drainage area completed by Peccia and Associates out of Helena, Montana. Over the course of the next few months, the City will hire an engineer to complete the study and design work for the project. The City hopes to work with the property owners to the South and possibly the property owners to the North to complete some sort of a channelization project. This will reduce the floodplain to the properties on the South and will help to move the water through the existing culverts. Because this project will be taking place very soon, the City would like to work with the Hampton Inn on their restoration project. As you probably know, to come fully into compliance, and to restore the stream channel to its original state, would require work in and around the Hampton Inn parking lot. We are hopeful that when the City does the channelization project, that they can coordinate their project with yours. If this is something that the City can work out with you, we may be able to ask the County Floodplain Administrator to extend the deadline for your restoration project. Please let me know your thoughts on this proposal. When an engineer is hired by the City, they will be making application to the County for the appropriate permits. I will keep you updated on the project as I receive information. In the meantime, please call me at 758- 7730 if you have any questions. Sincerely, Diana Harrison City Floodplain Administrator cc: Jay Billmayer, P.E., Billmayer Engineering .Mark Sawyer, FRDO Tom Jentz, Flathead County Floodplain Administrator Virginia, Motoyama, FEMA