09/18/97 Jentz/Request for Floodplain Development PermitFlathead Regional Development Offic
723 5th Avenue East - Room 414
Kalispell, Montana 59901 i
Phone: (406) 758-5980
Fax: (406) 758-5781
September 18,1997
Tim Stulc
Spring Creek Development, LLC
E. 608 Holland
Spokane, WA 99218-1255
Re: Request for Floodplain Development Permit
Dear Mr. Stulc:
The Flathead Regional Development Office has completed review of your request for
Floodplain Development Permit to retain a culvert and fill placed within the floodplain
and floodway for the Kalispell Hampton Inn on Assessor's Tracts 1 and 1B, Section 12,
Township 28 North, Range 29 West P.M.M., Flathead County.
Based the findings in the enclosed ".Report Concerning the Request forFloodplain
Development Permit #FDP-97-19", your request for Floodplain Development Permit
has been denied. Restoration work should begin immediately pursuant to the
conditions for restoration detailed on page 4 of the report.
If you have any questions concerning this action, please contact Mark Sawyer, Senior
Planner with this office at 758-5980.
Sincerely,
Thomas R. Jentz
Flathead County Floodplain Administrator
Enc. "Report Concerning the Request for Floodplain Development Permit #FDP-97-19"
cc. Jay Billmayer, P.E., Billmayer Engineering
Diana Harrison, City of Kalispell
Virginia Motoyama, FEMA
Providing Community Planning Assistance To:
Flathead County - City of Columbia Falls - City of Kalispell - City of Whitefish
FLOODPLAIN DEVELOPMENT PERMIT APPLICATION
Flathead County
JUL 2 3 1997
�s
A permit must be issued by the Floodplain Administrator before work can begin on a
floodplain development project.
Please answer all questions:
NAME OF
APPLICANT
HAILING
LOCATION OF
PROPOSED DEVELOPMENT: //, FVuw Z I�l=�; �AUSeElL, /'r� �I7C�
LEGAL DESCRIPTION: Tract or Lot: D\t4CT' &p Subdivision (if applicable)
SECTION % Z TOWNSHIP nnf RANGE ZZ 41
DESCRIPTION OF PROPOSED DEVELOPMENT:
This application will not be considered complete unless accompanied by a,$100 application
fee (made payable to Flathead Regional Development Office), and the following supplemental
Information:
A list of,ali property owners adjacent to the proposed development site.
Plans In DuDlicate, drawn to a convenient scale, showinq:
A) Dimensions of the proposed development site.
9) Elevations of the proposed development site.
C) Location and dimensions of proposed improvements. Including site -constructed
buildings, manufactured homes, culverts, bridges, fill areas, excavation
areas, etc.
D) Anchoring plan for manufactured homes or buildings.
E) Utility connection locations: sewer, water, gas, electric.
F) Location of material storage areas.
G) Drainage facilities/retention areas
In addition, the following information may be required by the Floodplain Administrator for
certain types of projects:
A) Hydraulic analysis and computations,. prepared by a licensed professional
engineer, for bridges, culverts, dikes ;'levees, retaining walls, large rip rap
projects (exceeding 100 cubic yards), and similar obstructions within the
floodplain, as well as for any water course alterations. Said analysis and
computations must demonstrate and be certified by the engineer that the
proposed fioodplairy development will not significantly increase flood
elevations and hazard potential on upstream or downstream properties, all In
accordance with Flathead County's Floodplain Development Regulations.
H) Mean Sea Level (HSL) elevation of the lowest habitable floor (including
basement) of a proposed structure and the HSL elevation to which the structure
will be fioodproofed. HSL elevation information and fioodproofing methods must
be certified as adequate by a licensed professional engineer or architect
before a Certificate of Use or Occupancy can be issued by the Floodplain
Administrator, all in accordance with Flathead County's,Floodpiain Development
Regulations.
Return this completed application form, all supplemental information and material, and
application fee to: Flathead Regional Development Office, 723 Fifth Avenue East, Room 414,
Kalispell, HT 59901.
DATE SIGNATURE OF APPLICANT
TO BE COMPLETED BY THE FLOODPLAIN ADMINISTRATOR
Permit Application No. FDP-97-19
Date Received: 7/23/97
Fee Received:_ S50o.00
1. Proposed development is in the: Floodwa Floodway Floodplain: No Base
y Fringe _Flood Elevations Given
2. The Base Flood Elevation at the development site is: 295Z.3S - Z942--G7 HSL
3. Source Documents: 17--o rHc-Av Cow,., n, I T � a � -
4. If no Base Flood Elevations are available, what is the flood elevation or depth as
determined by the Floodplain Administrator?
S. How Determined?
6. • For structures requiring elevation certification:
HSL Elevation to
which lowest floor is
to be elevated: &CA,
HSL
HSL Elevation to
which structure Is to
be floodproofed: _ 011-
HSL
HSL Elevatlon to
which compacted fill
is to be elevated: 0%
HSL
7. Check.here [_!
if applicdnt needs to
provide Base Flood Elevation Data
(rationale
attached).
e. Other Comments:
5. Action Takena Approved
Disapproved (Reasons Attached) ScE �p,o2T
Approved with Conditions (Conditions Attached)
Approved. The plans and materials submitted in support of.tthe proposed development
are in conformance with Flathead County's Floodplain Management Regulations.
Applicant is hereby authorized to begin and complete construction of the proposed
develoment as described and applied for by this application.
Approved With Conditions. The plans and materials submitted in support of the
proposed development are in partial conformance with Flathead County's Floodplain
Management Regulations. Applicant is hereby authorized to begin and complete
construction of the proposed development subject to the attached conditions.
Disapproved. The plans .and materials submitted in support of the proposed
development are not in conformance with Flathead County's Floodplain Hanagment
Regulations. Applicant is not authorized to begin or complete construction of the
proposed development for reasons set forth in the attached letter.
i
/ Applicant has been advised that the proposed development may require a "310" permit
(Section 75-7-101 et.seq. MCA) as administered by the Conservation District or
"Stream Protection Act" (Section 87-5-501 et.seq. MCA) approval as administered by
the Department of Fish, Wildlife and Parks.
Date Signature Q
Important Note to Applicant: You are required to notify this office immediately upon
completion of your approved or conditionally approved fioodpiain development project so
that a conformance inspection by the Floodplain Administrator may be conducted to verify
that all. permit specifications and conditions have been complied with. All required
certifications by engineers, architects, or surveyors shall be forwarded to the Floodplain
Administrator prior to or at the time of the conformance inspection.
Upon verifying that all specifications and conditions of the approved or conditionally
approved permit have been met, the Floodplain Administrator shall issue a "Certificate of
use or Occupancy" authorizing the use or occupancy of the permitted fioodpiain development
project. NO 'PERMITTED FLOODPLAIN DEVELOPMENT PROJECT MAY BE USED OR OCCUPIED UNTIL AN
AUTHORIZED CERTIFICATE OF USE OR OCCUPANCY HAS BEEN ISSUED.
Spring Creek Development, LLC--FDP-97-
Page I of 4 1
W a W."W"MANXIOX 0191MY.-I a H DMA ago) to)
FL0Q1DPAff1U,1 DETELOPMAT PERMIT #kUP-K-11)
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 1 and 1B, Section 12
Township 28 North, Range 22 West, P.M.M., Flathead County.
•
The properties have a single family home, outbuildings and a commercial
structure located on them.
D. Adjacent Land Uses:
Generally, the surrounding properties are being used or developed
commercially except those to the south which are being used residentially.
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 t�r,-V
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, LLC--FDP-97-19
Page 2 of 4
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 flow caused by encroachments.
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. The danger that materials may be swept onto other lands or
downstream to the injury of others.
With changes in floodplain and floodway location, flooding may be
expected to impact properties not controlled by the developer.
ability3. The proposed water supply and sanitation systems and the
of prevent disease,• • and
unsanitary conditions.
None proposed.
4. - susceptibility of - proposed • its contents•
flood damage and the effects of damage on t' •
owner.
None proposed.
importance5. The • .-• by the facility to
community.
This is not a community facility and supports no community service.
requirement6. The of • •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 proposed use.
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 • anticipated development • •
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.
r The relationship of proposed use •; the Master Plan •
floodplainprogram for
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.
1. The safetyof access to property in times of ••• for ordinary
• 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 • the Nationalr•• Insurance " •
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
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 wn 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 stabilization 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 condiffilon.
including the floodway capacity and channel hydraulics.
J f' 91-/S-9-2
Thomas R. Jentz, Floodlain Aministrator Date
Flathead Regional Development Office
723 5th Ave. East, Room 414
Kalispell, MT 59901