HomeMy WebLinkAboutC03-045 SIA Two Rivers Village ~~ ~ C v .~ -~ ~S ~/ i -~, - ~7 l~ SUBDIVISION AND OFF SITE IMPROVEMENTS AGREEMENT Two Rivers Village File No. PDF- 00063 THIS SUBDIVISION AN)~FF-SITE IlvIPROVEMENTS AGREEMENT ("Agreement"} made and entered into this ~3 day of ~t ~ ~ 2002, by and between Two Rivers Village Development Company, L.L.C. (here after "Subdivider") and the Board of County Commissioners of the County of Eagle, State of Colorado {hereinafter "County"). WITNESSETH WHEREAS, the Subdivider, as a condition of approval of the Final Plat of Two Rivers Village Phase I (hereinafter referred to as "Subdivision"), desires an Agreement as provided for by the Eagle County Resolution Number 2001-001, A Resolution Approving an Amendment to the Two Rivers Planned Unit Development, Land Use Regulations of Eagle County ,Colorado, 1999, as amended ("hereinafter referred to as "Land Use Regulations") Chapter II, Section 5-280.B.S.e. and C.RS. §30-28-137; and WHEREAS, pursuant to the same authority, the Subdivider is obligated to provide security or collateral sufficient in the judgment of the County to make reasonable provisions for completion of certain public improvements hereinafter described {"Subdivision Improvements"); and WHEREAS, pursuant to Chapter II, Section 4-b20 of the Land Use Regulations, when a proposed subdivision is located in an area serviced by an existing County road and the County determines that the traffic generated by such development will result in safety hazards for vehicle drivers, pedestrians and/or adjacent residents, or will result in substantially increased maintenance costs to the County, the County is empowered to determine the amount of work necessary to bring the affected County road to acceptable standards to provide adequate safe service to present owners, to the proposed subdivision and to other probable subdivisions, and to require the Subdivider to improve its equitable portion of such road to an acceptably safe condition; and '4~ ~EREAS, the County has determined that the traffic which ~: ~jl be generated by the Subdivis~•..n, along with other potential subd'•.•~sions in the area, will resr ~, in safety hazards and substantia::'.y increased maintenance costs relative to the off-site roads; and WHEREAS, the Subdivider has agreed to improve the roads to an acceptably safe condition and to accommodate the incremental increase in traffic burden to the said roads resulting from the development of this Subdivision, by the engineering, construction and fompletion of physical improverz~znts to the said road as set forth in t.:is Agreement; and I~NI~1~~I~IY~'M :.959v:~ .~. r WHEREAS, as a further condition of approval of the final plat of this Subdivision, the Subdivider is obligated to provide security and collateral sufficient in the judgment of the County to make reasonable provision for completion of the Subdivision Improvements, including but not limited to off-site road improvements, referred to herein; and WHEREAS, pursuant to Chapter II, Section 4-520.9 of the Land Use Regulations and C.R.S. 43-2-147, the Subdivider shall provide access for all lots and parcels it creates to the state highway system in conformance with the State Highway Access Code. NQW, THEREFQRE, in consideration of the premises and the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby understood and agreed as follows: 1. SUBDIVISION IMPROVEMENTS. 1.1 Subdivision Improvements. Subdivision Improvements aze deemed to include all public improvements, including but not limited to off-site improvements -including roads, utilities and other similar public improvements. 1.2 Scone of Work. The Subdivider hereby agrees, at its sole cost and expense, to furnish all necessary equipment and material, and tocompleteall-Subdivision Improvements as referenced in Exhibit "A" Engineer's Opinion of Probable Construction Cost, Two Rivers Pillage, Phase I, attached and incorporated herein, and as set forth in all documents, construction drawings, designs, maps, specifications, sketches, and other materials submitted by the Subdivider prior to final plat approval and accepted by the County, and in accordance with all laws of the United States of America, State of Colorado, resolutions by the Board ofCounty Commissioners of County of Eagle, including the approved Planned Unit Development (PDP-00408}, and specifically, Resolution No.2441-041, Approving an Amendment to the Two Rivers Planned Unit Development, .Eagle County File No. PDA-00028, the Eagle County Land Use Regulations, and their respective agencies and affected governmental entities. Such performance shall include acquisition of all necessary rights-of--way. 1.3 Duties of Subdivider. For those Subdivision Improvements required herein, including but not limited to the rc.constructian and physical improvement of that portion of any roa!i subject to this Agreement, the subdivider shall retain an engineer whose duties shall include construction staking, observation of r.onstruction for conformance to the approved plans and specifications, and materials sampling, testing and inspection using the Colorado Department ofHighways 2001 Field Materials Manual as a guide for frequency of sampling and testing. i~,~~~~~~~~~ 85~w:,.,. w 1.3.1 Construction Staking. Where applicable and by way of example only, the following is a highlighting of the construction staking that will be required of the Subdivider: a. Roadwa~- -horizontal and vertical control every 50 feet or every 25 feet in critical areas, specifically including: -slope staking -points of curvature -points of tangency -fillet radius points -culverts -transition points for super-elevation -finished sub-grade -finished gravel b. Water Sewer, and Other Utilities -horizontal and vertical control every 100 feet, or every SO feet in critical areas. 1.3.2 Tes ' .Where applicable and by way of example only, the following is a highlighting of the acceptance testing that will be required of the Subdivider: a. Utility and drainage culvert trench backfill under roadwayprisms -one density test per 200 cubic yards (C.Y.} of backfill or a minimum of one test per roadway crossing. This will require daily visits to the site by a testing laboratory when utilities or drainage culverts are being backfilled within the roadway prism. b. Embankments for roadways -one density test per 2,000 C.Y. of any additional embankments}; and one density test per 500 C.Y. when within 100 feet of bridge approaches." c. Finished sub-wade -one density test per 2501ineal feet of roadway. d. Ag,gregtr P base course - ane in place density per 250 lineal feet of roadway, anr: gradation and Atterberg Limits test per 2000 tons of aggregate base course. . e. Hot Bituminous Pavement -two asphalt content, gradation and in place density tests per da}~s production. I~~~m~~~~m~~~ m~58ZY M f. Concrete -Curb and Gutter Sidewalks and Bikepaths -tests for air content, slump and compressive strength per 50 C.Y. of concrete placed or minimum of one set of tests per day. 1.3.3 Notification/Road Construction. Subdivider or his Engineer shall notify the Eagle County Engineer for the purpose of arranging an on-site inspection no less than forty-eight (48} hours in advance of the following stages of road construc- tion: 1) Finished subgrade 2) Finished Aggregate Base Course 3) Asphalt Placement. 4) Concrete -Curb and Gutter, Sidewalks and Bikepaths The County Engineer shall make an on-site visit within the forty-eight (48) hours notification period for the purpose of observing proof rolls on items 1) and 2) above and for general observation of construction methods being employed at these stages. Said on-site inspection by the Eagle County Engineer shall in no way abrogate the duties of the Subdivider outlined elsewhere in this Agreement. The Subdivider shall provide the proof rolling by arranging for a loaded single unit truck carrying eighteen thousand (18,000} pounds per reaz axle. 1.3.4 itnessing of Watex and Sewer Laterals. It is essential that the ends ofthese laterals be witnessed by the Subdivider's engineer to a minimum of three (3) divergent points and a permanent record made of the same. Copies of these records are required to be furnished to the Eagle County Engineer prior to acceptance of the Subdivision Improvements by the County. In addition to witnessing ofthe horizontal location of these laterals, a vertical witness shall be required. Horizontal witnessing shall be to property corners, fire hydrants, manholes, and other "permanent" features. Vertical witnessing shall be based on depth below ground and elevation based on a datum used for the subdivision. Bench marks shall be shown on witness records. 1.3.5 Test Reports. All test reports shall be consecutively numbered, with copies furnished directly to the Eagle County Engineer from the laboratory as they are reported to the Subdivider or its engineer. 1.3.6 Record Drawings of Subdivision Improvements. Record drawings, sealed, signed and dated by a Registered Professional Engineer showing the as-constructed horizontal and vertical locations of Subdivision Improvements shall be submitted to the Eagle County Engineer prior to commencement of the two (2) year warranty period and reduction of Collateral to a minimum of ten percent (10%) by the County. -~lVIIIINI~~~~~II~f~N~~QI~~I~ :assn;..,. M 1.3.7 Affidavit of Monumentation. An Affidavit of Monumentation sealed, signed and dated by a Registered Professional Land Surveyor stating that the subdivision has been monumented in accordance with §38-51.105, C.R.S., and Chapter II, Section 5-280.S.a (1){a) of the Eagle County Land Use Regulations shall be provided to the Eagle County Engineer prior to the acceptance of the Subdivision Improvements by the County. 1.3.8 Federal Emergency Managcement Agencv R.e~,uirements. A. Detailed application and certification forms, which were used in the processing the Conditional Letter of Map Revision (CLOMR}, must be used for requesting final revisions to the maps. Therefore, when the map revision request for the area covered by the CLOMR is submitted by the Subdivider, the most current version of Form 1 (Exhibit `B'~, entitled "Federal Emergency Management Agency Revision Requestor and Community ~cial, Request for Conditional Letter of Map Revision" form must be included. B. Effective October 1, 1996, the Federal Emergency Management Agency ("FEMA"} revised the fee schedule for reviewing and processing requests far conditional and final modifications to published flood information and maps. FEMA established flat review and processing fees for most types of requests. Effective March 10, 1997, FEMA modified the revised fee schedule. In accordance with the modified fee schedule, the fee for the map revision request shall be Two Thousand Three Hundred Dollars ($2,300.OU}, and must be received by FEMA before FEMA begins processing the Subdiver's request. Payment of this fee shall in the farm of a check or money order, payable to in United States funds to the National Flood Insurance ProQraxn, or be credit card. The payment shall be submitted to: Federal Emergency Management Agency Fee-Collection System Administrator P.O.Box 3173 Merrifield, VA 22116-3173 C. As-Built plans, certified by a Colora~?: ~ registered professional engineer, of all proposed project elements associatF;d with the CLOMR application. D. The submitted proposed conditions hydraulic analysis assumes weir-flow splits between Cross Sections 17 and 36, as shown on the Colorado River Developed Conditions Floodplain M.rpping, Sheet 2 of 2, (Exhibit "C"), ~~IM~Ln~l~~9~~nul~~l °.~~9vn:~:.~. r attached and incorporated herein. Analysis indicates that the aforementioned weir is submerged downstream of Cross Section 26. The Subdivider shall submit documentation to FEMA to show that the weir-flow option of the HEC-2 split flow algorithm is appropriate for use with a submerged weir, or as an alternate, revise the hydraulic model and plan to exclude the submerged weir reaches from the split-flow model. E. The Subdivider's submitted proposed conditions model (Exhibit"C"}did not include a split flow between Crass Sections 18 and 19, 22 and 23, and 28 and 24. The Subdivider shall submit documentation indicating that the split-flow shall not occur between those aforementioned Cross Sections or shall revise and resubmit the model and incorporate the weir reaches. F. The channel-bed elevations indicated on Exhibit "C" as submitted, do not match the corresponding elevations in the submitted proposed conditions model at a number of locations. As way of example: Cross Section 26, the channel-bed elevation on the submitted plan is approximately 5, 130 feet, and the channel-bed elevation in the model is 6,125 feet ; at Cross Section lb, the channel-bed elevation on the plan is approximately 6,128 feet, and the channel-bed elevation in the model is 6,119.80 feet. The Subdivider shall assure that the model submitted in response to the aforementioned items elevations matches the topographic work maps and accurately reflects as built conditions. G. Exhibit "C" indicates that the base flood Water Surface Elevations (WSELs) between Cross Sections 21 and 334 in the main Colorado River channel may be higher than the ground elevations south of the former Denver and Rio Grande Rail Road embanimlent. The (railroad) embankment may therefore act as a levee. The Subdivider shall submit one ofthe following in conjunc- tion with its submittal of the most current version of Form 8 - FEMA Levee/Floodwall System Analyses, attached and incorporated herein as Exhibit "D": 1. Data to satisfy the National Flood insurance Program (NFiP) regulations, 44 C.F.R. 65.10, attached and incorporated herein as Exhibit "E", for those portions of the railroad embankment that shall serve as a levee. Z. Data to indicate that the ground elevations south of the embankment are higher in elevation than the corresponding base flood WSELs ~~~Il~u~lwllre~ dw59:i e~.~. along the Colorado River, thus the embankment is not serving as a levee. 3. Hydraulic analyses of the base flood that assume the embankment both fails (without levee analysis) and does not fail {with levee analysis), and a revised plan that shows the Special Flood Hazazd Area (SFHA) boundary delineations for a.worst-case scenario at all locations. H. Community (Eagle County Board of County Commissioners) acknowledg- ment of the map revision request. I. Certification of all `fill' placed in the currently effective base floodplain and below the proposed Base Flood Elevation (BFE) was compacted to ninety- five percent (95%} of the maximum density obtainable with the Standazd Proctor Test method issued by the American Society for Testing and Materials (ASTM Standazd D-698), or an acceptable equivalent method for all areas to be removed from the base floodplain. 1.4 om fiance of rado D ent of wa s Access C e. Subdivider shall provide the County with designs in compliance with the Colorado Department of Highways Access Code for all road improvements. 1.S Date of Com etion. All Subdivision Improvements shall be completed prior to the expiration of five (5) years from the date of Final Plat approval. 1.5 ~innroval and Acceptance of Work 1.5.1 Copies of all test results corresponding to work which is being inspected and any other information which may be necessary to establish the satisfactory completion of the work for which inspection is requested must be submitted prior to said inspection. All such information shall be accompanied by a letter from the Subdivider's engineer verifying the satisfactory completion of the work performed to date. In addition, a separate letter shall be submitted by a Coloradn Registered Professional Engineer in the practice of l'jeotechnical Engineering certifying the final grading shown on Sheets 2 and 3 of the Two Rivers Estates Final Public ]inprove- ment Drawings dated 7/18/01 was constructed with a design equivalent to that required in Chapter 33 of the Uniform Building Code. ~I~~QIYUnlln~l~la~~ u9592 ni:e.. r .. 1.6.2 Notwithstanding Section 1.3.3 above, promptly after receiving a request for inspection and the required documentation, the County Engineer shall review the information presented and, if necessary, make an on-site inspection of the work completed. 1.6.3. All said work shall be done to the reasonable satisfaction of the County Engineer and/or the County Department of Community Development, and shall not be deemed complete until approved and accepted as complete by the County. 1.6.4. Subdivider shall pay any and all flood insurance required for all property owners until the issuance of the FEMA LOMR. 1.b.5. No lot shall be sold in the Subdivision's Phase II, III, and/or TV, nor shall a building permit be issued for a lot in Phase II, III, and/or IV, until collateralization of the specific phase or lot to Eagle County has been provided. 1.6.6. No lots within Two Rivers Village shall be sold, transferred or otherwise conveyed -nor shall any building permit be issued by Eagle County for these lots - until all of the improvements required under this Subdivision Improvements Agreement for that phase are collateralized in the form as described in this Subdivision Improvements Agreement and Land Use Regulations and acceptable to Eagle County to secure the performance of the obligations as described in the agreement. 1.7 Estimated Costs of Subdivision Improvements. The estimated cost of the Subdivision Improvements is the sum of Nine Million Twenty One Thousand Nine Hundred Eighty Seven Dollars and Twenty Cents ($9,021,987.20), as summarized in En 'veer's inion of Probable Construction Cost Two Rivers Vi la a {Exhibit "A"), attached and incorporated hereto. To secure and guarantee performance of its obligations as set forth in this Section 1, including the completion of the required Subdivision Improvements, the Subdivider hereby agrees to provide security and collateral in the form and as set forth in Section 2, below, prior to the beginning of any construction and/or issuing of any permit for excavation and/or transportation of fill material. 1.7.1 Construction Restrictio No lot shall be sold in Phase I, nor shall a building permit be issued for a lot in Phase 1, until collatei~±~~ation of all remaining work in Phase 1 is at least 110% of tis engineer's estimate of actual costs without contingency. ~~f~'~~~I~WA~m@~ .9592F.,... -8- •~ N 2. SE URITY and C LLATERAL. 2.1 Public Irnurovements and `Fill' Collateral. Security and Collateral required in Section 1.7 herein, as security for the performance by Subdivider of its obligations under this Agreement, shall be in the form of a plat note in substantially the following form: Plat Note: No lots within the Two Rivers Village shall be sold, transfered, or otherwise conveyed -nor shall any building permit be issued by Eagle County for these lots - until all of the improvements required under the Subdivision Improvements Agreement recorded at reception no. ,are collateralized in a form acceptable to Eagle County to secure the performance of the obligations as described in the Agreement. This Plat Note shall only be released in accordance with the procedures set forth in Eagle CountyResolutionNumber95-35. Anydocumentation denoting the release of the Plat Note shall be recorded in the Eagle County Clerk and Recorder's Office. 2.2 Partial Release of Public Irn rovem Collateral. Subdivider may apply to the County for the release of portions of the Collateral based upon work completed in accordance with this Agreement. To make such releases, Subdivider shall request the County Engineer to inspect the work in order to verify satisfactory completion in accordance with plansandspecifications in accor- dance with Section l.b. 2.2.1 Partial Floodplain Collateral Release The entire filling of the floodplain shall be collateralized in full. The County may make incremental releases by phase provided that there is a significant retention -twenty-five percent (25%) of the value of the work completed. to cover the balance ofwork to be done. The County may consider other options that would allow the County to complete floodplain work in the event of the Subdivider's default. As required by Section 1.3.8 herein, an FEMA approved Letter of Map Revision (CONK) must be submitted to the County prior to reduction of Collateral to ten percent (10%). 2.3 Final Release of CollateraUWarranty. Within thirty (30} days after Subdivider has completed all of the work required by this Agreement and the work has been approved and accepted by the County, the entire remaixung amount cif the Collateral, less an amount equal to ten percent (10%} of the original Collateral, shall be released. Subdivider shall be responsible for the condition of the Subdivision Improvements for a period of two (2) years after completion; this shall be guaranteed either through the retention of Collateral, as set forth above, or Subdivider may provide a guarantee bond in an amount and in a form acceptable to the County -which would be substituted for the release of the entire amount of the Collateral. I~~~~~m~~~~~l~ n'°592] e ~• w 2.4 Substitution of Collateral. The Subdivider may at any time substitute the Collateral originally deposited with the County herein, for another form of collateral acceptable to the County, to guarantee the faithful completion of the Subdivision Improvements referred to herein and the performance of the terms of this Agreement. At the time of substitution of collateral, an inflationary and/or deflationary factor based upon the Denver-Boulder, Colorado Consumer Price Index for All Urban Consumers, All Items {1967=100} publishedby the U.S. Bureau ofLabor Statistics, 303-837- 2467, or, alternatively, an approved construction cost index, shall be used to determine an adjusted estimated cost for all Subdivision Improvements as described herein, and collateral shall be submitted by the Subdivider in accordance therewith. Z.5 Draws. Draws against the Collateral shall only be made as directed by written Resolution of the County, stating that there has been an event of default under this Agreement and that a sum certain is required to remedy the default. Any amount drawn on the Collateral must be applied for the purpose of completing the work required by this Agreement and related expenses and costs. 2.6 Events of Default. The following events shall be deemed "Events of Default," entitling the County to draw on the Collateral: 2.6.1 If Subdivider has not completed the work required by this Agreement within thirty (30} days prior to the Date of Completion set forth herein, the County may, after ten (10) working days written Notice to Subdivider, draw upon the Collateral an amount sufficient to complete said work and compensate the County for its reasonable costs and expenses related. to said draw. 2.62 If the original collateral presented to the County (or any extension thereof) is due to expire and the work is not yet completed, and Subdivider has not provided substitute collateral or the bank's written extension to the original collateral (as it may have been previously extended), the County shall draw on the Collateral according to the provisions set forth in this Section 2. It is ubdivider's responsibility, with or without notice, to ensure that the Collateral is extended, or that substitute collateral is provided in a form acceptable to the County, at least ten (10) days prior to its expiration. If Collateral is neither extended nor substitute collateral provided, in a form acceptable to the County, at least ten (10) days prior to its expiration, the developer shall pay the County an additional Five Hundred Dollars ($500.00} for the additional administrative work required because of the failure to extend or substitute collateral in a timely manner as required by this Agreement. 2.b.3 If the Collateral is substituted, as otherwise provided herein, this Agreement may be amended or modified in order to set forth specific Events of Default deemed imu,~AU~w~r~~u~~m~i :=59z, .P ~• C~ necessary, in the County's sole discretion, commensurate with the type of collateral substituted. 2.7 Costs and Expenses.. Subdivider agrees to pay any costs and expenses, including but not limited to legal fees, which the County may incur in determining to accept collateral, in drawing upon the Collateral, or in accomplishing an extension of its expiration. 2.8 Materials and Payment Bond. In addition to the Collateral described herein, the Subdivider shall provide to the County a Materials and Payment Bond to ensure that all contractors, suppliers and material men are paid. Such bonds shall conform with the requirements of Title 38, Article 26, Colorado Revised Statutes. Subdivider shall also retain funds from all contractors employed for Subdivision Improvements as required by said Article, and further shall coordinate with the County Attorney to ensure proper Notice of Final Settlement and Retention of Funds, as required. 3. 1NSU](tANCE and INDEMNIFICATION. 3.1 Indemnification. Subdivider shall indemnify and hold the Countyharmless from any and all claims made against the County by any contractor, subcontractor, material men, employee, independent contractor, agent or representative involved in the work necessary to comply with this Agreement, or on account of any other claims against the County because ofthe activities conducted in furtherance of the terms of this Agreement. This indemnification and hold harmless provision shall include any legal expenses or costs incurred by the County. 3.2 Certificates of Insurance. The Subdivider shall secure from any contractor or subcontractor engaged in the work necessary to comply with this Agreement a Certificate of Insurance providing for liabilityprotection in the minimum amount of $150,000 per individual and $600,000 par occurrence, naming the County as an additionally named insured. The Subdivider, if it serves as the contractor for the Subdivision Improvements, shall provide insurance in the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. 3.3 County Incurs No Liabili~. The County shall not, nor shall any officer or employee thc;reof, be liable or responsible for any accident, loss or damage happening or occurring to the Subdivision and/or Subdivision Improvements specified in this Agreement prior to the completion and acceptance of the same; nor shall the County, nor any officer ar employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of said work on the Subdivision Improvements, but all of said liabilities shall be and are hereby assumed by the Subdivider. The Subdivider hereby agrees to indemnify and hold harmless the County and any of its officers, agents In'~~l!~I~~n~~l~9~~~ ~959xvp ~'.~. ~~ ~ and employees against any losses, claims, damages or liabilities for which the County or any of its officers, agents, or employees may become subject to, insofar as any such losses, claims, damages or liabilities (or actions in respect thereof] arise out of or are based upon any performance by the Subdivider hereunder; and the Subdivider shall reimburse the County for any and all legal and other expenses incurred by the County in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnity provision shall be in addition to any other liability which the Subdivider may have. 4. GENERAL PROVISIONS. The following shall apply to all Subdivision Improvements, including off-site improvements, set forth in this Agreement: 4.1 Compliance with Land Use Regulat~4ns. The Subdivider shall be required to obtain all necessary permits and comply with the provisions of the Land Use Regulations, including but not limited to the Regulations for Construction within the Public Ways of Eagle County (Chapter V), as the same are in effect at the time of commencement of construction of the Subdivision Improvements referred to herein. 4.2 Subdivision Improvement Agreement Controls. In the event of any inconsistency or incongruity between the provisions ofthis Agreement and the Land Use Regulations, the provisions of this Agreement shall in all respects govern and control. 4.3 Warranties and Guarantees. There shall be atwo-year correction period, or such longer period as may be prescribed by law, from the time of completion of the Subdivision Improvements during which time the Subdivider shall promptly correct or remove and replace, in accordance with the County's written instructions, defective work or materials and consequences thereof. Repair or replacement madeunderthetwo-year convection period shall bear an additional one-year correction period from the acceptance ofthe regain or the replacement by the Eagle County Engineer. The work shall be collateralized during the correction period in an amount and type of collateral as shall be reasonably determined by the County. The work shall be inspected, at the request of the Subdivider, no less than sixty (60) days prior to expiration of the one-year additional correction period, and any deficiencies shall be noted to the Subdivider. 4.4 approval of Final Plat. The County agrees to the approval of the final plat of this Subdivision, sabj ect to the terms and conditions of this Agreement. 4.4.1 Final Plat Amendments. Where field changes or other circumstances have caused the road, utilities, or other subdivision improvements to be constructed in locations different from those shown on the approved plans, the locations of rights- of-way, easements, lot lines, building envelopes, setback lines, or other attributes .~xl~~~~~~~~n~~~Y x93920 ~~ M shown on the Final Plat shall be amended as necessary to comply with Final Plat requirements of the Eagle County Land Use Regulations 4.5 Amendment and Modificatign. The parties hereto mutually agree that this Agreement maybe amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties hereto. 4.& Assign,~bilitY. This Agreement shall be enforceable against the Subdivider, provided, however, that in the event the Subdivider sells, transfers or assigns all or part of the subject Sub- division, the obligations of the Subdivider under this Agreement as to that portion of the subject Subdivision may be assumed in writing by the purchaser of the pazcel, and the Subdivider shall have no further obligations hereunder. It is agreed, however, that no such assumption ofthese obligations shall be effective unless the County gives its prior written approval to such assumption following an investigation of the financial condition of the purchaser. The Subdivider shall not otherwise assign, transfer, convey, pledge or otherwise dispose of this Agreement without priorwritten consent of the County, which consent shall not be unreasonably withheld. 4.7 Binding anon Successors. This Ageement shall inure to the benefit of and be binding upon the parties hereto, their respective successors, and assigns. 4.8 Sole Responsibility of Subdivider Prior to CountxAcceptance. It is further agreed and understood that at all times prior to the completion and acceptance of the off-site Subdivision Improvements set forth herein by the County, each of said improvements not accepted as complete shall be under the sole responsibility and charge of the Subdivider. When it is necessary to allow the general public to utilize the roadways under construction by the Subdivider, traffic control and warning devices shall be placed upon such roadways by the Subdivider in accordance with the Manual an Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. 4.9 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the County or its officers, employees or agents because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 4.10 otice. Notice; required pursuant to the terms of this Agreement shall be deemeJ given on the day that the same is pi.~ced in the United States Mails, g~ostage prepaid, certified or registered mail, return receipt requested -13- ~~ N 5. ROAD IMPACT FEES 5.1 Time of Fee Obligation and Payment The amount of fee shall be based on the number of dwelling units proposed, four hundred thirty-three (433}, multiplied by one thousand dollars ($1,000.00) to equal Four Hundred Thirty Three Thousand Dollars ($433,000.00) and paid to the Impact Fee Administrator at the time of issuance of a building permit(s) for this development. The fee paid at building permit shall be $1000.00 per unit based on the number of units in each building permit. The obligation to pay the impact fee shall run with the land, and, therefore, the unpaid obligation to pay fees passes with title for purposes of this subdivision. No building permit shall be issued until all fees due hereunder with respect to any lok(s) which is the subject of building permit application(s) have been paid in full. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ~ ~a`°day of . ,~~ r -~ L , 2002. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS ci,~ ° ~~ c°c :~ gy. Clerk to the Board of * ..- ~ ~ ~.. Michael L. Gallagher, Ch an County Commissioners ~°ic~"~~ Address for giving notice: P.O. Box 850 Eagle, CO 81631 (970} 328-8685 ~~InW~~~~~~m~~~'l9592Y .. • • SUBDIVIDER: By: William A. Step ens (me er} 0010 Colorado River Road Gypsum, CO 81637 OR~1'CNFAiK • CiRABER My Commission Expires i/3t1~ STATE OF COLORADO SS County of ) The oregoing was acknowledged before me this ~ day of ~ ~~ ~ 2002, by t'~~v- WITNESS my hand and official seal. My commission expires / ~- Public IIIIIIIAIII~I~IIIRNIIUII~~III ~95:':s:~.,. -15- • SUBDIVIDER: By. L. ~~'lfl~~G~~ ~~ ~] Annalies B. Stephensns (me1~i' lber) OOiO Colorado River Road Gypsum, CO 81637 STATE OF COLORADO ) SS County of ) ~~ 113112005 My Cotl-mission ExpirOs e f egoing was aclrnowledged before me 's ~~ day of ~ ~ ~,.. 2002, by {v,,~,,,~, ~~ WITNESS my hand and official seal. My commission expires /- 1- ~~~ N Public iii~u~iu~~u~ui~aiieuiiAi~i 795927 Page: 1B of 37 0S/1712002 01:01P D 0.00 -16- SUBDIVIDER: By: Ken Kriz (member) P.O. Box 897 - Glenwood Springs, CO 8I5~2 STATE OF COLORADO ) N~: .~. County of ) SS ,9~F.o ~) ~~ F~C e foregoing was acknowledged before me thi~r r~ '~r Coo1~y~Pn L 002, by WITNESS my hand and official seal. My commission expires ~ .?1 - ~~ 795927 page: 17 of 37 G:1Peratega]~SIA12 RVRS VLGfinal.WPD Sara ,1 Fishsr Eagle, CO 89 R 0.00 08/17D 002000! ;01P 0 ENGINEER'S OPINION OF PR08ABLE CONSTRUCTION COST TWO RIVERS VILLAGE SE JOB N0.20935.01 0111512001 Revised 04113/01 Revised 06104/01 Revised 06106101 Revised 06!12!01 Revised 06119101 Revised 09!11101 Revised 09127/01 PAGE 10F 3 REM COST RECREATION CENTER SWIMMING POOL SEWAGE TREATMENT PLANT SANITARY SEWER LIFT STATION WATER TANK WATER TREATMENT AND WELL COLORADO RIVER BANK STABILIZATION TEMPORARY BUS SHELTER LANDSCAPING & tRR1GATION SYSTEM The fallowing items are detailed on attadtied Sheets 2 and 3 ROADS AND TRAILS EROSION CONTROL SEWER WATER SHALLOW UTILITIES CONSTRUCTION MANAGEMENT TOTAL 500,000.00 80,000.00 1,040,000.00 90,000.00 275,000.00 210,000.00 290,000.00 2,500.00 135,000.00 a,ao7,oso.2o 172,250.00 x12,720.00 527,8x1.00 360,616.00 219,000.00 9,021,987.20 EXHIBIT el This opinion of probaale cost was prepared far budgeting purposes only. Sopris Engineering, LLC cannot be held responsible for variances from this estimate as actual costs may vary due to bid and market fluctuations. 2PhasettotalsCOSTESTIMATE.xIs I~~~~~m~~~ m~°'~'39m2nW .'... • • ENGINEER'S OPWION OF PROBABLE CONSTRUCTION COST TWO RIVERS VILLAGE SE JOB N0.20135.01 01115/2001 Revised 411 3101 Revised 08104/01 Revised 06/06/01 Revised 06/12101 Revised 06/19/01 Revised 09/11/01 Revised 09127/01 PHASEI PAGE 2 OF 3 REM E)tH1~IT 'i 'e~3 ROADS ANO TRAILS EXCAVATION MOBILIZATION CLEAR AND GRUB DUST CONTROL TRAFFIC CONTROL 80LDER EROSION WALL MSE WALL @ RAISED WALK SOIL NAIL WALL SAWCUT - REMOVEtREPLAGE ASPHALT REMOVE GUARD RAIL, WIDEN UNDERPASS ROAD CULVERT 18" ADS N-12, 9 PLAGES CULVFA7 6" PVC, 2 PLACES STORM MANHOLE 18" ADS-N12 24"ADS-N42 TYPE i STORM INLETS CONCRETE RIBBON CURS 3' CROSS PAN 3' ASPHALT 2' ASPHALT OVERLAY, HAUL ROAD CONCRETE SIDEWALK 5' WIDE CONCRETE SIDEWALK, RAISED 14' MILLED ASPHALT DRIVE TO TANK 12' MILLED ASPPALT ACCESS ROAD, 8' 11WIOE MlLLF.D ASPHALT TRAIL MILLED ASPHALT RIP RAP TRAFFIC SIGNS STREET NAME SIGNS STREET LIGHT STRIPING ORY WELL TEMPORARY ACCESS SUBTOTAL LUMP SUM LUMP SUM •LUMP SUM LUMP 5UM LUMP SUM 240 1.170 1,100 45 345 1,037 444 66 9 2~ 1,141 23 12,850 8,779 18,332 7,700 4,447 S50 410 6,407 3,110 5.000 500 35 22 u L.S. 3,410,000.00 3,410.000.00 L,s. 22o;oao.oo z2o,oaa.oo L.s. 15,a0o.oo 15,a0o.ao LS. 10,000.00 ~ 15,000.00 L.s. 75,OOO.OO 75,OO0.oo S~, 1g,00 3,600.00 S.F. 26.00 30,420.00 g,p. 30.00 33.000.00 S.Y. ~ 25.00 1,125.00 L.F. 5.00 1,725.00 S.Y. ~ 18.00 18,666.00 L.F. 24.00 10,65fi.Q0 L.F. 20.00 1.320.00 EA. 2,100.00 18.900.00 L.F. 24.00 70,75200 L.F. 30.00 34.230.00 F.A. 2,000.00 46,000.00 L.F. 11.00 141,350.00 L.F. 14.00 94.908.00 S.Y. 8.10 156,589.20 S:Y. 5.00 38,500.00 L.F. 18.00 80,Q46.00 L,F, 20.00 11,000.00 LF. 20.00 8.200.00 L.F. 10.00 64,070.00 L.F. 8.00 24,880.00 C.Y. 7.50 60,000.00 C.Y. 25.00 12,500.00 EA. 275.00 9,625.00 EA. 275.00 6,050.00 EA. 2,500.00 85,0OO.Ofl L.S. 3,200.00 3,200.00 ' EA. 3.600.00 3,600.00 ~.L.s.~~ z,15a.oo 2,15x.00 EROSION CONTROL SILT FENCING . RESTORATION SEEDIi VEHICLE TRACKING Pi SUBTOTAL 4,807,060.20 L.F. 5.Q0 40,800.01+ ACRE 2,100,00 70,350.00 E 1,100,00 1,100.00 112,250.00 a r •• M~ N °m~ LL7~~~ i3! I"'~a~ a, ~~ ~ -- ~, ~~ m ~.,_. ~_ ~+ U ~~ m ~~ -' -- ~ ~. w .~^ m t N -~ .~.~ ~- +• -, ~~ ~W ~~~ This opinion o(prabable oust was prepared for budgeting purposes Doty. Sapris Engineering, tLC cannot be held respons-bte tar variances from this Pstimatp as achial costs may vanr due to hid and market ftuctuatians. ENGINEER'S OPINION OF PR08ABLE CONSTRUCTION COST EXH~~IT TWO RIVERS VILLAGE SE J08 NO.20135.Oi 01!15!2001 ~ ~~i' Revised 4113!01 Revised 06104!01 Revised Q6l06l01 Revised 06!12101 Revised 06/19!01 Revised 09111/01 Revised 09!27!01 PHASE! PAGE 3 OF 3 REM QUANTITY UNR UNR COST GOST SEWER 4' DIA MANHOLE 33 EA. 1,SOO.QO 59,400.00 8' SEWER MAIN 7,050 t.F. 25.00 17&,250. 4' SEWER SERVICES -iii EA. 800.00 90,400.00 6' SEWER SERVICES ~ 3 EA. 900.00 2.T00.~ 2' SEWER FORGE MAIN 6,f95 L.F. ~ 10.00 61,950.00 4' SEWER FORCE MAIN 1,835 L.F. 1200 22,020.00 SUBTOTAL 412,720.00 WATER i2' OIP WATER MAIN 4,105 L.F. ~ 3200 131,360.00 fo• DIP WATER MAIN 2,014 L.F. 29.x4 58,406.00 8' DIP WATER MAIN 5,875 L.F. 27.40 158,625.00 12' VALVES 12 EA. 1,000.00 12,000.00 io•valvES 2 EA. 854.oa 1,704.oa 8' VALVES 33 EA. 650.00 21,450.00 4' VALVES 3 EA. 500.00 1,504.Q0 FIRE HYDRANTS 18 EA. 2,500.04 45.000.00 4` WATER SERVICE 3 EA. 850.00 2,550.00 314' WATER SERVICE 119 EA. 75x.00 89,250.00 AIR VAC 1 EA. 6,004.00 6,000.00 SUBTOTAL - 527,841.00 SHALLOW UTILITIES ETC 4,730 L.F. 11.20 52,976.00 TRANSFORMERS 17 EA. 700.00 11,900.00 GAS 7,708 L.F. 5.00 38.540.00 STREET LIGHT CONDIJiT ~ 7,100 L.F. 2.00 14,200.00 HOLY CROSS LS. 243,000.00 SUBTOTAL - 360,618.00 CONSTRUCTION IiMNAGEMENT CLOMR FEES L.S. 6,000.00 6,000.00 CLOMRCERTEFICATION L.~. 5,500.00 5,500.00 CONSTRUCTION OBSERVATION ti~~~~~~~p I..S:• 60,000.00 60,000.00 CONSTRUCTION STAKING AND ~+;~ •- AS$UILTDRAWINGS ~ d~. ~ ~.5. ` 98,000.00 98,000.00 MATERIAL TESTING ~ to - 45,000.00 45,000AO SCHOOL SITE CERTIFICATIOP~ 4,500.00 4,500.00 SUBTOTAL ~ ~ ~ 219,000.00 .p •.. ty q ,'1 ~~~4ry E [~Q~~~ ~~ TOTAL PHASE 1 6,439,487.20 a m h •- M .+ w ® 81 yNy~~ ° m m Y~NN~ ~A ~ O Y~ ~ I`+ a a ...~ ~ ~~ ~~ ~ ~~ I ~_m ~~ ~~ o ~ ~, W ~ L ~~ w ~~. i< ...~~ ,, ..~ ~~ This opinion of probable rbst was prepared for budgeting purposes only. Soprfs Engineering, LLC cannot be held responsible for variances from this estimate as actual rests may vary due to bid and market fluctuations. ' FEDERAL EAAERiiENCY AAANAGEiNENT AGENCY O.M.B No. 3067-0146 REVISION REQUESTER AND COMMUNITY OFFICIAL Ex fires April 30, 2001 ?UBL}C BURDEN DISCLOSURE NOTICE Public reporfl:.g burden for this form fs estimated #o avewage 213 hours per response. The burden estimate includes the time for reviewin instructions, searching existlrtg data sources, gathering and maintaining the needed data, and completing and reviewing the form. Send commen regarding the accuracy ~ the burden estimate and any suggestions for reducing Phis burden to: Iniomlation Cattechlons Management, Fed Emergency Mouiagenrent Agency, 500 C Street, S.W., tAfashington DC 20472; and to the Office of Management and Budget, Paperwork Reducflo Pro ect 3087-0148 , Vlfashin n, DC 20503. You are not required to r+aspond to this collection of information unless a valid OMB Control Number is displayed in the u er ri ht corner of this form. 1. RE®UESTED RESPONSE FROM FEMA This request is •or a: ^ CLOMR A letter from FEMA rx,tnmenting on whether a proposed project, ff buvt as proposed, would justify a map revision, or proposed hydrology changes (See 44 CFR Ch. 1, Parts 80,65 8 72). ^ LOMR A letter from FEMA oflictaUy revising the current NFIP rr~p to show the changes to floodplains, floodway or flood elevations. LOMRs typically decrease flood hazards. (See 44 CFR Ch. 1 Parts 60 & 65.} ^ Other Descr}be: 2.OVERVIEW 1. The basis for this revision request is (are): (check all that apply} ^ Physical Change ^ Improved Methodology/Data © FloodwaY Revision ^ Other Describe: Note: A photograph is not requ{red, but La vary helpful during review. 2. Flooding source: 795927 Page: 21 of 37 3. Project Narr~IdenUf' +er: 0SI17/2002 0t :0 Sara J Fisher Eagle, CO 89 R 0.00 D 0.00 4. FEAAA zone designations affected: (example: A, AH, AO, A1~130, A98, AE, V, V1-V30, VE, B, C, D, X) 5. The NFIP map panegs) affected for all Impacted communities is (are): 0220G 6. The area of revision encompasses the following types of flooding and structures. Check all that apply. Types of Flooding Structures ^ Riverine ^ Channel¢ation ^ Coastal ^ LeveeiFloodwall ^ Alluvial fan ^ t3ridge/Culvert ^ Shallow Flooding (e.g. Zones AO and AH} ^ Dam ^ ~~ ^ Flu ^ Other (describe) ^ Other (describe) REFER TO THE THE APPROPRIATE MAILING FEMA Form 81-89 Revision Requester and Community Official Farm MT-2 Form 1 Page 1 of 2 • • 4. 1. Does the State have jurisdiction over the floodway or its adoption by cxxnmi.nities partiapatfng fn the NFIP'i0 Yes ^ No if Yes,~atfach a copy of a letter notlfying 1ha approprlaba Stets agency of the floodway revision and documeMatlon of the approval of revised floodway by the appropriate State agency. 2. Does the development in the floodway cause the 4% annual Nance (base) el~atian to increase at any location by more than 0.000 fit? ^ Yes ^ No ^ NIA 3. Does the cumulatnre effect of aU development that has occurred since the effective SFHA was originally identified cause the base flood elevation to incxease at any location by more than one foot (or other u~icrease limit if community or state has adapted more stringent criteria -even if a floodway has not been delEneated by FEMU4)7 ^ Yes ^ No If tits answer to either items is Yes, please attach d~umentation that all requirements of Section 86.12 of the NFIP regulations have bi met, regarding evaluation of alternatives, notice to 1ndivWual Isgai property owners, concurrence of CEO, and certification that insuntbls structures are impacted The community is wilting to assume responsibility for ^ performing ^ overseeing compliance with the maintenance and operation plans of ttte ~ flood (Name} control structure. If nat performed prompity by an owner other than the community, the community will provide the necessary services without cost to the Federel government Operation and maintenance plans are attached. ^ Yes (] No ^ NIA 6. REVIEW FEE The review fee for the appropriate request category has been included. ^ Yes Fee amount $ OR This request is based on a federelly sponsored tiaod-oontral pmjed where 5o percerrt or mare of the project's cost is f~eraify sponsored, ar the request is based on detailed hydrologic and hydraulic studies conducted by Federal, State, or local agenass to replace approximate studies rrondud~l by FEMA and shown on the effective FlRM; thus the project is fee exempt^ Yes Please san Instructions for Fee Amounts 7.316NATURE Note: 1 underetand that my signature indlcatas that all Nfote: Signature Indicates that the community understands, from Information submitted in support of this request is correct the revh>;lan requester, the impacts of the rsvlslon on fioodin conditions In the community. Signature of Revision Requester Signature of Community Official Printed Name and Title of Rev+siort Requester Printed Name and Trt~ of Community Official ~„~ny ~~; Community Name Telephone No. Date Telephone No. Date CERl7FICA'I'ION BY REGISTERED PROFESSIONAL ENGINEER Check whkh forms have been included with this request AND/OR LAND SURVEYOR ee b r Reaufredlf...... This certification is in accordance with 44 CFR Ch. 1, Sect 65.2 Hydrologic {3 new or revised discharges ^ Hydraulic (4) new or revised water-surface elsvattons Signature ^ Mapping (5) floodplaiNfloodway changes ^ ChannelFcation (6) channel is modified ^ BrldgelCulvert (7) addittoNrevisfon of bridgelculvett Printed Name and Title of Revision Requester ^ LevegtFloodwall (8) additioNrevislan of levee/floodwail ^ Coastal {9) new or revised coastal elevations Registr No. Expires (Date) State ~ ^ Coastal Stnrct+rres (10} addifloNrevision of coastal structure ^ Dam (11) additioNrevlslan of dam Type of License/Expertise: ^ Aliuvlal Fan (12) structures proposed on aituvial fan FEAAA Form 81-89 7g~92~ Nif-2 Form 1 Page 2 of 2 050/17/20@2f 01?01P Sara J Fisher Eag]e, CO e9 R 8.00 D 0.00 ~. a, ~ .~ ,~• i :;,:, .. .. ~ , i ' a~~ ~. , j]p ...•. L~. S ~ - '~~~ ~~~~L~37 ', ••e~5ara d F[shar Eagle, CO 89 R 0.00 05/17/2®008 1:01P ~~:: ; ~€~•,. I ~ N4TE5: - •'._ i .:q; ~ ''~;,~ ~ •r: 1. T4POGRAPI9C MAA.SUPPLIED $Y AFJ10-METRIC, INC.. MAY 8.'1988 .' ... .... . :''r'~` if• °~i~ ' 2. WHERE THE F4100DiYAY 1WD 104 YR• FLOOOPLAOV ' ` `,` .• air ~"~ ~'_ ~ "v: ~ '•`, ~ ~ ' -+' I P. . ARE COINCIDEN[, ONLY, THE FLCOOFWAY tS SHOWN.. ! ' 4` ~~ ~• r ...: ,. 3. WATER SI/RFACE ELEVATK1Nff REFLECT THE WATER $UTZFACES ON ~. i. t ~' ~ ~ WY 1S, 1998, WHEN THE AERIAL PHOTOGRAPH WAS TAKEN. ., KF.. ~ iiY~. - ~' ~ ~ ~' ~ ~ i`;1~:, , ~ • • 61t STAN4ARD 46K SET W A BdADER STAMPED ~G289 1938 . f~` I ''`;,~;_ COAST AND CEODETC SURVEY. 1938, ELEVATION 6153.47 NAVD 88 'n. ~, i +I I 7.0 MILES WEST FROM OYPSI7Y ALONG DENVER A!~ RKl f0iAt1DE :•.~ .;; I' I +' , WES1E16v RA{LROAO FRpd GYPSLIMY, 90 FEET NORTH OF TRACKS. f ;+ `* Al11 1~ ~ '' t 240 FEET NW OF LN.EPOST 343,400 FEET SQLRH QF 7. r. :,n"?:•"I~~ ~ 'SWINGS 6RIOGE OVER C01.QRADO RdVER. is .~ ~: ~z : .. i H _ ~L ~ v d °~pe`r~ ._ W H :W err U ~ H ~' <:~ A6W .. t ~~Y:..__.:~ ~F~ ~' ~ w J ~ ~ ~ + ' y _ ~•~ ~/~ ~ _ (~ Q ,~ ~ v~ax ~ L~ ~W W O 9~~y,',~ .~ w. ~~ 'f ~., w J .~ o~. ~,~- ~.,. .~•,•r• " •,} ~, .- Iii../• ~_ 1'M ~• rk.. Y ( '~ . % . r , ~ ~~ I .y _ I /w ~ l'~. F ~; :•, :s~. ., >~.,, ~^ :~ ., ~: ,~ . Grote 5ecfion t----•------ s:, ._..__.._. ~~•~ :.._ - "; -~ ~ ~, 1 r0 ~OI1770CJ~QPP(O~~ -r -- ~ 1:'• p':~ ; ~.± fit, ~ `~ fSR TECTIO Zane /I dll pelinec~lon --- - ---- - - _ -~'' ' , - o ~ ~. ~•x~. IB 1~'/p f.'ap bank f'ioftcflon. "~~ = r •r `\` ~"I ~ ,~~. '~~ I box Mood ~Y~v~ton 6,.2 , - `~" .. "ry'~ •: y,1~'iP•:..~: •,?P:/t!S::a .. ,1:.,:,Y S+I«~i w ^113: ... ... ~'~. ... _._ ~_ ~~~5~~~'~ ..3~*~~~1. ~.: .Y'~'.~d. .s3 ._.. .. _ _. _._ ..5. .. «. ~.._,:~z.-: ~ _ ..7~".aiHii'~f_N.4e~.,..t',/r.n...... .. ..-. .. ID Goi~otirs'C~To~~". 1~.. •-^'.1: Y'4')e:~3.~'.IC,i.`'i• _ .. ..4.• .;l%~R if ~'~•~A+fy~ltt its., :!•'`~: ~O a"'.S;:yL~.:f~~:, •°d•T..:.., d ~' ~ .: ' • . ~ -~a ~ .. I YRIfiHT WATER ENCINa:EER$ INC. ~ - ~ ~ ~. ~ ~ ~ ~ MVO R l V~ RS =V I L ' ~ 0616oz ' u~ rn~ naann R~VfR nFVFI f?PFn (')N~ITIC . i-~' f` . . ~ •~ - 1 ~ ~'t/ ' r. ~~~ ill ~ I, V J ~'•' •!'L ' ~.aL L _•. .. • •`•~ •. • -. .~ `• ` , WM0. Or pl7lp. Cill7i _ ,,fir„ li ' ~ ~ Ib. ~ r' .. % _ , L. .s ~' •. " Y •~ t ~S d 0 .~i.. '" 'r ` ~~~ \ ~~.eari~C~Pr~o(~ECi~QN~~ c, 1 j. 1 ' - ,• • T 1 l 1. .'1 O ` ,,, ti; ~,y~l ,` , I? \` ,~ \t Z - 97 ~ ~ -~--^~' 1 t • s. .. -# ~ ' , S wsm1, 1 ,.1 1, •~ '' ~~ -~1a1. ~ ! 1 , ~• •ssl•. aiwro wd i 1 ,`~ 19 .'~~ t ' ^ Rn~~ e ~ L a 1 ~ 1 it r ~ 't ~ ~ ~. ~~ r r !y ~ • . t t ~ ~ ; •. '~ ~ . ~ V !i , .i L.~ By Maw. ~~ ,``-~~ 1 ; 1 t' -f ./ 1 ^ ,1 . 1 1 1 t ~ C( , Sri, / K ~..a ,'// ~1 .' /~1~ • , ..L: ~: • ~~ • ~ • f•. r; t:. - i. 1 .. . •~'-. 795927 - .__. _ Paga: 24 of 37 00/17/2002 01:2 ' Sara J Fisher Eagle, CO 89 R 0.00 D 0.00 .1 .1 ' ' . , om~, ~ Isd_sd! ~- ~ p'ROJECt NUMBER DPLAIN MAPPING ,-. ~ ~. ~' .~ - - 9~~.~oz.oio . ~~ ~ '•-~ • FEDERAL EMERGENCY MANAGEMENT AGENCY O.M.B. Burden No. 3067-0148 LEVEEIFLOODWALL SYSTEM ANALYSES Ex ires A ril 30, 2001 PUBLIC BURDEN DISCLOSURE NOTICE Public reporting burden for this form is estimated to average 3.0 hours per response. The burden estimate includes the time for reviewi instructions, searching existing data sources, gathering and maintaining the needed data, and completing and reviewing the farm. Sen comments regarding the accuracy of the burden estimate and any suggestions for reduang this burden to: lnfomration CoUeetions Manageme Federal Emergency Management agency, 5~ C Street, S.W., Washington, DC 20472; and to the Office of Management ark Budget, Paperwo Reduction Pra act 3067-0148 , Washin on, DC 20503. You are not required to respond to this collection of information unless a valid OMB Control Number is displayed in the u er ri ht comer of this form. Community Name: Flooding Source: Project Name/Identifler. 7. REACH TO BE REVISED Descxibe the limits of the revision OR submit a copy of the FlRM with the revision area clearly highlighted. Copy of FIRM(s} attached depicting area of the revision (highlighted, or circled)?^ Yes Downstream Limit: Upstream Limit: z. 1. This Levee/FloodwaU analysis is based an: ^ upgrading of an existing leveelfloodwal! system ^ a newly constructed Ievee/floaMrall system ^ reanalysis of an existing lev~/floodwaU system 2. Levee elements and locations are: ^ earthen embankment, duce, berm, etc. ^ structural floodwaU ^ other (descxibe): 3. Structural Type: ^ monol'ithic cast-in place reinforced concrete ^ reinforced cana'ete masonry block ^ sheet piling ^ other (describe}: srsr~m ^IMIIIIIII~~II~IIu III~II w9592:i'.~. Station to Station to Station to 4. Has this IeveeJfloodwall system been certified by a Federal agency to provide pro#ectian against the 1 % annual chance (1 ~-year) Flood event? ^ Yes ^ No If Yes, by which agency? If Yes, complete only the interior drainage section on pages 7 and 8 of this farm and the opera#ion and Maintenance section of Revision Requestor and Community Official Form. ~ PLEASE REFER TO THE INSTRUCTIONS FOR THE APPROPRIATE MAILING ADDRESS FEMA Form 81-89G l_evee/FloodwaU System Analyses Font i t^e 1 of 9 • 5. Attach certfied drawings containing the foNowing information (indicate drawing sheet numbers}: a. Plan of the levee embankment and floodwall structures. b. A profile of the ~vee/floodwall system showing the 10Q-Year water-surface (base flood} elevation, levee and/or wall txest and foundation, and dosure locations for the total levee system c. A profile of the base flood elevation, dosure opening outlet and inlet invert elevations, type and size of opening, and kind of closure device. d. A layout detail for the embankment Protection measures. e. tocation, layout, and size and shape of the levee embankment features, foundation treatment, floodwall structure, closure structures, and pump stations. Sheet Numbers Sheet Numbers Sheet Numbers Sheet Numbers Sheet Numbers 3. 1. The minimum freeboard provided above the base flood elevation is: Riv ne 3.0 feet or more at the downstream end and throughout 3.5 feet or more at the upstream end 4.0 feet invnediately upstream of aA structures and consiridions Coasts 1.0 foot above the height of the one percent wave far the f00-year stillwat9r surge elevation or maximum waverunup (whichever is greater}. 2.0 feet above 100-year stillwater surge elevation ^ Yes ^ No ^ Yes ^ No ^ Yes ^ No ^ Yes ^ No ^ Yes ^ No Please note, occasionally exceptlons are made to the minimum freeboard requirement If an exception is requested, attach docwmentation Addressing Part 65.10{b)(1)(ii) of the National Flood Insurance Program regulations. If No is answered to any of the above, please attach en explanation. 2. I fthe~re P ind~t~ti~from C~ ~ Pre ~ rds tla~e ~ theminimum freeflboard d s ussO above still e~dsts. 3. Tabulate the elevations at rxRiical locations (tabulate values at each levee cxest grade change, and wl~re sediment may acxumulate such as along bends in the dtanrual.) _..__ ~nn_.,es~ 1Ahfar LEVee Crest end ~ l.awer e on an added sheet as FEMA Form 8t-89C ~~G A~7~ NtT-2 Form 8 Page 2 of 9 Page: 26 of 37 05/17/2@02 01:01P Sara J Fleher Eagle, CO 89 R 0.00 D 0.00 • 4. ,'TIONS If there is any indication from historical records that sediment transport (including scour and deposEtion} can affect the 100-year water-s (base flood) elevations; andlor based on the stream geomorphology, veget~ti~eo cow aei~~eo~~ e~~~ ~ then p vide theofoll is a potential for debris and sediment transport (fndud'mg sewer and clap ) information: ^ Estimated sediment load ^ Method used to estimate sediment transport ^ Method used to estimate scour andlor deposition ^ Method used to revise hydraulic or hydrologic analysis (modeq to aurount for sediment transport 5. 1. Openings through the levee system: ^ exist ^ do not exist or (Extend table on an added sheet as needed and reference} Mote: Geotechnica! and g~logio data In addition to the required dated analysis n3ports, data obtained during field and laboratory investi~tions summary form. (Reference U. Army (;,arpsnof Engineers EM-1110-Z 1906 Farm 208B)~. in a tabulated LeveelFloadwaU System Analyses Form MT 2 Form 8 Page 3of 9 FEMA Form 81-89G 6. EMBANKMENT' PROTECTION 1. The maximum levee slope landside is: 2. The maximum levee slope floodside is: max. 3. The range of 100-year (base) riverine flood velocdies along the levee? (min.) to { 4. Embankment material is protected by (descnbe the kind): ^ Velociiy ^ Tractive stress 5. Riprap Design Parameters: (Include references) Sldeslope Fknrr Depth Velocdy Curve or Stone Reach SVaight _ Ste (Extend table on an added sheet as needed and reference} ^ Yes ^ No 6. Is a beddinglfifter analysis and design attached? 7. t7esCribe the analysis used for other kinds of protection used (include copies of the design analysis}: Note: Attach engineering analysis to support construction Plana. t7epth of Toedown ~u~l{~l~l~~l~~u~lYl .~59mei'~'.~. L®vee/FloodwaA System Analyses Farm tdlT-2 Form 8 Page 4 of 9 FEMA Form 81~9G 7. r~ Wont 1. identify locations and describe the basis for selection of critical location for analys~a: ^ Overall height: Sta ,height ~• ^ Limiting foundation soil strength: Sta ,depth ~ to ,~-.-- Strength 0 = degrees, c = psf slope: SS = ~ (h} to,~~ (v) (Repeat as needed on an added sheet for additional locations) 2. Speoify the embankment stabTity analysis methodology used (e.g., circular arc, sliding block, infinite slope, eic.): 3. Summary of stability analysis results: 1 1 4. Was a seepage analysis for the embankment perfomred? {f Yes, describe methodology used: _ ^ Yea ^ No 5. Was a seepage analysis for the foundation performed: 6. Were uplift pressures at the embankment lartdside toe checked? ^ Yes ^ No 7. Were seepage exit gradients checked far piping potential? ^ Yes ^ No 8. The duration of 1~-year (base) flood hydrograph against the embankment is hours• Hot : Affich engineering analysis to support cansfa'uctJon plans. ^ Yes ^ No i~~~~~~m~A~:;~SSZ~ . Levee/Floodwall System Analyses Form MT 2 Form 8 Page 5 of 9 FEMA Farrn 8t-89G • • 9. 1. Has anticipated potential settlement bean determined and incorporated info the specified construction elevations to maintain the established freeboard margin? ^ Yes ^ No 2. The computed range of settlement is ft. to ft. 3. Settlement of the levee rxest is determined to be primarily from: ^ Foundation conso0dation ^ Embankment compression ^ Other (describe): 14. Differentlal settlement of floodwalts (I ^ has ^ has not been accommodated in fhe stnictural design and ~r-struation. Note: Attach engineering analysis to support construction plans. 1. Specfy size of each interior watershed Draining to pressure conduit _ Draining to pond'+ng area: 2. iRelatianships Established Ponding elevation vs. storage ^ Yes ^ Yes ^ No ^ ~ Ponding elevation vs. gravity flow ^ Yes ^ No Differential head vs. gravity flow 3. The river flow duration curve is enclosed ^ Yes ^ No 4. Specify the discharge capaclty of the head pressure conduit 5. Which Flooding Condlticns Were Analyzed? • Gravity flow (interior Watershed) ^ Yes ^ No Common storm {River Watershed) ^ Yes ^ No Historical ponding probability ^ Yes ^ No Coastal wave overtapp'mg ^ Yes ^ No If No, explain why not: 6. Interior drainage has been analysed based on joint probability of interior and exterior flooding and the gpacities of•pumping and outlet faclllties to provide the established level of flood protection. ^ Yes ^ No 1f No, explain why not: 7. The rate of seepage through the levee system for the 100-Year (base) flood is cfs FENIA Form Bt-89G LeveelFioodwafl System Analyses Form MT-2 Form 8 Page 7 of 8 • i ~ • 8. FLOOD1AfALL AND FOUNDATION STABILITY 1. Describe analyse submittal based on Code: ^ UBC (1988} or ^ Other (spedfy): 2. Stability analysis submitted provides for. ^ Overturning ^ Sliding; If not, explain: 3. Loading inducted in the analyses were: ^ Lateral earth @ Pa = psf; Pp = psf ^ Surcharge-Slope ~ ^ surface psf ^ Wind @ Pw = _ psf ^ Seepage (Uplift); _ ^ Earthquake @ P~ _ %g ^ 100-year signficant wave height 8• ^ 100-year significant wave period ~• 4. Summary of Stability Matysis Results: Factors of Safety. Itemize for eat range in site layout dimension and loading condition iimifation for each respective reach. Loading Condition Criteria Min Sta To ' OverWm S6di Sta To Overturn Slidin Overturn Slid Dead 8 VNnd 1.5 1.5 need & Sad 1.5 1.5 Dead Soil, Flood, & !m act 1.5 1.5 Dead, Soit, 8 Seismic 1.3 1.3 (Ref: FEMA 114 Sept 1986; USACE EM 1110-2-2502} {Note: Extend table an an added sheet as needed and reference) 5. Foundation bears ~ sact- S0~ Sustained Load s Short Term Load Bean Pressure Co uted d ' n maximum Maximum allowable 6. Foundation scour protection ^ is, ^ is not provided. Descr~e if provided: Note: Attach engineering analysis to support construction plans. 795927 Page: 31 of 37 Sara J Fisher Eaele, CO B9 R 0,00 0gJ17D 0 ~ 1:01P LevealFloodwa8 System Analyses Fomt MT-2 Form 8 Page 6 or 9 FEMA Form 81-896 1V. 1171 VIV VIA r 8. The length of levee system used to drive this seepage rate in item 7; h• 9. Will a pumping plant(s) be used for interior drainage? ^ Yes ^ No If Yes. include the number of pumping plants: For each pumping pWltt, list: Plant #1 Plant #2 The number of pumps The ponding storage ca acity The maximum pumping rate The maximum purr~in head The pumping startirl elevation The pumping sta pir~ elevation Is the discharge facility protected? Is there a flood roaming plan? How much time is avaUable between roaming and floodin ? Yes No WIU the operaticns be automatic? If the pumps are electric, are there backup power sources? ^ Yes ^ No (Reference; U.S. Army Corps of Engineers EM-1110-2-3101, 3102, 3103, 3104, and 3105) Nate: Include a copy of supporting documentation of data and analysis. Provide a map showing the flooded area and maxima ponding elevations for all inteliorvvatersheds that result In flooding. V 117r~ vG71vn vnl 1. The fdlowing items have been addressed as stated: Liquefaction ^ is ^ ~ not a prob~m Nydrooompaction ^ is ^ is nat a problem Heave differential movement due to soils of fiigh shrinWswell ^ is ^ is not a pr~lem 2. For eadi of these problems, state the basic facts and corrective action taken: 3. If the IeveelflaodwaU is new or enlarged, will the structure adversely impact flood levels and/or flow velocities tkxldside of the structure? ^ Yes ^ Na Nate: Attach supporting documenrtation FEMA Form 81-896 Levee/FloodwaU System Analyses Form MT-2 Form 8 Page 8 of 9 • • 12. 1. Are the planned/installed works in full compliance with NFlP regulations, Section 44 CFR Ch. 1 1.65.10 ^ Yes ^ No 2. Does the operat~n plan incorporate aA the provisions for closure devices as required in Section 65.10(c}(1), of the NFlP regulations? ^ Yes ^ No 3. Does the operation plan incorporate all the provisions for interior drainage as required in Section 65.10(c)(2), of the NFlP r~ulations? ^ Yes ^ No If the answer is No to any of the above, please explain glow. I~~~Y~~~Y~~~~~ y9592p FEMA Form 81-89G Leveelfloodwatl System Analyses Fonn M'1 =2 Form 8 Page 9 of S P „'~ a ~~ //N~~ ° m VJ t~•1N~ l~ -•~° ~ m~ ~'am m m ~. a ~. ~. ~~ ~m ....... ~o - U ~m ~m W L T~ ~~ ...~. ~~ b l Y~.~Y~Y- Federal EmergancY-Mana~emsnt A~ncy X86.8 ~ Beview af~psopbsed vrolects. A - commiraity,. .ir an individual through the commuffity. may. request FEMA's continents oa .•whether a pro- posed project, if ,built as proposed. would justify a map revision. FEMA's comineats will be issued i~ the forla of a letter, termed a Conditional Letter of Map Revision, in accordance ~ with 44 CFR part 72. The data required to sup- port such requests are' the same ss those required for final revisions under ~§ 65.5.6b.6. and 6b.7, except as-built cer- tiflcatioa is not required. All such re- quests shall be submitted to the FEMA Headquarters .Office is Washington, DC, and shall be' accompanied by the appropriate payment, in accordance with 94 CFR .part 72. [62 FR 5735, Feb. 6,1897] ~ ~~ew~end response by the Ad- If .any. questions or problems arise during review, FF+I~._ will consnit the Chief Executive Officer of the comma pity (CEO), the community official des- ignated by the Oft], and/or the re- gnester for resolution: Upon receipt of a revision request. the Administrator shall mail an aciCaowledgment~ Of re- ceipt of. such request to the CEO. With- in 90 days of receiving the request with all necessary information, .the Admin- istrator shall notify the CEO of one • or more of the following: {a) The effective map(s) shall cot be modified; • (b) ~'he base flgad elevations on • the effective FIRM shall be modified and new base flood elevations shall be es- tablished under the provisions of part 6?l of this subchapter; {c) 'X'he changes requested •are ap- proved and the map{s) amended by I+et- ter of Map Revisium (CONK): (d} The cbsag.:a requested are ap- proved and a rrs-rised map(s) will be printed and distributed; {e) The changes .requested are not of such a significant nature as to warrant a reissuance or revision of the flood in- surance study .or maps and will be de- ferred until such time as a significant change •occurs: . - - (f} An additional ~ days is required to evaluate the scientific or technical data submitted; or support the revision request. • - _ :'~ {h) The required payment has nq~ : ~;. been submitted in aocordance with 4q, : ,.~=': - CFR part fit, no review will be con- .: "~~ ducted and ao determination will be is-:..;:_~ sued until payment is received.. f ` w: [bl FR 38315. Aug. ~'i, 1886: 81 FA 46331: Attg; 38, 13886. as amended at G2 FR b736. Feb. 6; ~•;~'~( 1~'J :'J4;1; ,'J:: ~ s6.lo ~PP~ of cress protected '6y- levee systems. - ': z (a) General. For purposes of the NFIF,~; FEMA will only recognize in its float`; hazard and risk mapping effort those ~. levee systems that meet, and continue:; ,• to meet. minimuYn design. operation; ~:'~' and maintenance standards that are ~ ~ . ~~ consistent with the level of protection sought . through the comprehensive - ~;; flood plain managernent criteria estab-~ lashed by §60.5 of this subchapter. Ac~ :; cordingly, this section- describes the r types of information FEMA needs tai . L recognize, on NFIP' maps. that a levee ~•: system provides protection Nola the ~ . -base flood. This information mast be - supplied to - FED by the community or other party. seeking recognition of such a levee system at the time a flood risk study or reatndy is .conducted, when a map revision under the provi- sions pf part 6b of this subchapter is sought based on a levee ~ system. and upon request by the Administrator dur- ing .the review of previously recognized struotures. 'T'he FEMA review will be for the sole purpose of establishing ~ ap- propriate risk zone determinations for NFIP maps and shall not constitute a determination by >!'EMA as to 'how a structure or system will perforuf! in a flood event. (b) • De.4tgn criteria. For levees to be recognized by FENiA, evidence that adequate design and operation and maintenance systems are in Place to provide reasonable assurance that pro- tection from the base flood exists must be provided. The following . require- ments must be met: - (!) Freeboard. (i)- Riverine levees mast provide a minimum freeboard of three feet above the water-surfacie level of the base flood. An additional tine foot above .the minimum is required withfa 1~ feet in either side of structures {such as bridges) riverward of the levee or wherever the flow is constricted. An 335 jo to of n- is- 8, §as.~a additional one-half foot above the min- imum at the upstream end of the levee. tapering to not lase thaw 'the minimum at the downstream and of the levee, is also required. (ii) Occasionally, exceptions to the minimum riveriae freeboard require- meat described in paragraph (b)(ixi) of this section, may be approved. Appro- priate engineering analyses dem- onstrating adequate protection with a lesser freeboard must be submitted to support a request for such an excep- tion. The material presented must evaluate the nnaertainty in 'the esti- mated base flood elevation profile and include. but not necessarily be limited to an assessment of statistical con- Sidence limits of the IOD-year dilscharge; changes in stage-discharge relation- ships; and the sources. potential, and magnitude of debris, sediment. and ice accumulation. It must be also shown that the levee will remain structuralxy stable during the base flood when such additional loading considerations are imposed. Under na circumstanass will freeboard of less thaw two feet be ac- •,cepted. . (iii) For coastal levees, the f~eebosrd must be established at one foot above the -height of the one percent wave or the mauimum wave runup (whichever is greater) associated with the iQ0-year stillwater surge elevation at the site. (iv) Occasionally, exceptions to the minimum coastal levee freeboard re- -: gnirement described in paragraph . (b){i)(iii) of this section, may be ap- proved. Appropriate engineering analy- ,ass demonstrating adequate protection with a lesser ilesboard must be submit- :. led to support a request for suclz an ex- caption. The material Presented must evaluate the uncertainty in tltie esti- mated base flood loading conditions. Particular emphasis moat be placed on the effects of wave attack and overtop- ping an the stability of the levee. Under no circumstances, however. will s freebcard of less than two feet above the 100-year stillwater surge elevation -be accepted. .. {2} Ctos:cres. All openings must be pro- vided with closure devices that are structural parts of the ,system during Operation and design according to sound engineering practice. • 44 CFR C#~. I ~{1O-1-~+~-7 Edltlon) (3) Embar~krnent protecaort. Engineer- ing analyses mast be, submitted that demonstrate that ao appreciable era sion of the levee embankment -can be expected during the base flood, as a re- sult of either currents or waves. and that anticipated erosion will not result iii failure of the levee embankment or foundation .directly or indireotly through reduction of, the seepage path and subsequent instability, • The factors to be addressed in such analyses ia- cl~d~, but are not limited to: Expected flow velocities (especially in con- stricted areas); expected wind and wave actiaa; ice loading; impact of debris; slope -protection techniques; duration of flooding at various stages and ve- locities; embankment and 'foundation materials; levee alignment, bends, and transitions; and levee side slopes. (4) Eynb¢nkneent and Ioundat{on stabil- ity. Engineering analyses that evaluate levee embankment stability must be submitted. The analyses provided shall evaluate expected seepage during load- ing conditions associated with the base flood and shall demonstrate that seep- age into or through the Levee founda- tion and embankment will sot jeopasd- iss eiadbaakment or foundation stabil- ity. An alternative analysis dem- onstrating that the levee is designed and constructed for stability against loading conditions for Case IV us de- fined in the U.B. Array Corps of Engi-~ nears (COE) manual, "Design and Coa- stractioa of Levees" (EM 1110-~-1913, Chapter 6, Section In, away be used. The factors that shall be addressed in the analyses include: Depth of flooding, duration of flooding, embankment g'a- ometry and length of seepage path at critical locations, embankment and foundation materials, embankment compantian. penetrations. other design factors affecting seepage (such as drainage layers}, and other design fac- tors affecting embankment and founda- tion stability tench as berms). • {5} Settlement. Engineering analyses must be submitted that assess the po- tential and magnitude of future losses of f~esboard as a result of levee settle- ment and demonstrate that freeboard will be maintained within the mini- mum standards set forth in paragraph (b)(1) of this section. This analysis ~s a nm ~~ m tV °mm M N ~ ~ ••~o 03 ~, dam m ~~ m ~_ m ..~.~ ~.... ~m +.. m ~. ~...~. ~ L -~ .~ ~.~, W i `~ a M0 N°a0 in~~° 0! o+ ra@ ~~ ~ ~m .~~ o~ ~~~ ...~. m ~~ ~.~.. o .~ U ..r. ~m W ~~ r m r~ m ....~ ~~ y ~~ r b N Federol Emergency Manar~ement A~ncy must address embanl~nent loads, oom• pressibility of embankment soils, com- pressibility of foundation soils. age of the levee system,. and ~astruction compaction methods. In addition, de- tailed settlement analysis using proce- dnrea.such as those described in the COE manual. "Sail Mechanics Desiga- Settlement Analysis" (EAg 1104-2-1.904) must be sabrnitted. {6) Interior drainage. An analysis must be submitted that identifies the source(s) of such flooding, the euteat of the flooded area, and. if the average depth is greater than one foot. the water-surface elevations} of the base flood. This analysis must be based on the joint probability of interior and ex- terior flooding and the opacity of fa cilities (such as drainage lines sad pumps) for evacuating interior flood- waters. (7) Other design criteria. In unique sit• nations, such as those where the levee system -has relatively high vulner- ability. FEMA may require that other design criteria and analyses be submit- ted to show that the levees Provide adequate protection. In auoh situa tions, sound engineering practice will be the standard an which FEMA 'will base its det~irminations. FEMA will also provide the rationale for requiring this additional information. (e) Operation plans and criteria. For a levee ~ system ~ to be • recognized, the operational criteria must be as d®- scribed below. All closure devices or mechaniol systems for internal drain- age, whether manual ar automatic, must be operated in accordance with an officially adopted operation manual. a copy of which' must be provided to FEMA by the operator when levee or drainage system recognition is being sought or when the manual for .a pre- viously recognized system is revised in any meaner. All operations must be under the jurisdiction of a Federal ~ or State agency. an agency created by Federal or State law, or an agency of a community participating in the NFIP. {i) Closures. Operation plans for. cho- sures must include the fallowing: {i) Documentation of the flood warn- ing system, under the jurisdiction of Federal. State, or community officials, that will be used to trigger emergency operation activities and demonstration §63.1Q . that sufficient flood warning time el(» cats .for the. completed operation of ~,.. , closure strnctnrea, including aeons `~ ; ' sealing: before floodwaters reaoh '~e~ ' . base of the closure. (ii) A formal plan of operation ~,a -~ . `. cludinB specific ~ actions and ~ assi~A~ ~ ;`' ~ .~ manta of responsibility by individ:; t ~;:,J::.; same or title. riodic o ~~'~.'•::~:: ~y~ °~ (iii) Provisions for Pe .1~±~~°..`:-. ati~aa, at not less than 'one-year in~i , ,. ~ ~ ~ ~',~;:` ; vale of the closure structure for t +~,~•~~~:;~;rr• ~.. . lag and training purposes. ~.-.~~~ } `"~ ~ ~'~~ q;. (2) Interior drainage systems. In#N~ "=" :, drainage systems associated with 1~1 ~` ~~~' ~~ systems usually include storage .:. gravity outlets, pumping stations,... R•":, : ~: combination thereof. These dt~ : . systems will be re~eognized by F10 NFlp maps for flood protection':` poses only if the following mid criteria are included in the aper~;..w: . ply; .: (i) Documentation of the flond.w " ing system, under the jurisdic# " ~~ Federal, State, or aomsnnnitY •o Y, that will be used to trigg®r eme' operation activities and demonst that sufficient flood warning' titn~'.: fists to permit activation of mac portions of~the drainage system.. : ~~ (if) A formal plan -of operatioli~. chiding specific actions ~ and a~ manta of responsibility by lull: •"... name ar title. ': (iii) provision for manual backu.'~'•, the activation of automatic syste_ -: (iv) Provisions for periodic ins of interior drainage systems ante:... ~: odic operation of nay mechanized- tions for testing and training ptl~l"pOT . No more than one year shall elap~~~ :~ , tween either the inspections or the°~•. ,,, eretious. ~ ''.~~`~ ¢ `~ , (3} Other operation plans and ori, ; .~- ~' ~ ~~~: Other operating plans and criteria•.. .~-' n~~~h `s;, r, ~~•.; be required by FEMA to ensure : ~` ~~~ _~a: adequate protection is provided in ~ a °~ *~~A~~~~~ cific situations. In such cases: $o ' '~' emergency management practice ~.~..~:~`: ~:<~~ be the standard upon which FEMA ~~y :~ ~ ; a' ,:::~ :~%, terminations will be based. .: , ~ .:: : '. ~~;ai (d} Maintenance plans and criteria. FKir ` ''-: ~'. ~~+:. ` levee systems to be recognized as per"::: '- ::',~`~`, viding protection from the base fiaq~+ ~°~ the maintenance criteria mast be ~~ ~ ~ .:.:`.:~~'. described herein. Levee systems must: be maintained in accordance with ~ .. ' officially adopted maintenance pl~~ ~7 .~~ eg au.~ .he 1A- . a21, >~`~ a~t~v' 'i :.,:, ~as.~ ~ and a copy of this plea multi be pro- vided to FEMA by the owaer of, the• levee system when re0ogaition is being sought or when the Plan fora ~P~- viously recognized system is revised in any manner. Ail nnainteuance. a0tivi- ties mast be and®r the jurisdiction of a Federal or Btate agency, an agency created by Federal or State Is i, o~ian agency of a community part pa ~ in the NFIP that must assume ulti- mate ~ponsibility for maintenance. This plan must document the formal Pro~lnre that ensures that the stabil- ity. height, and overall integrity of the laves aid its associated strictures arnd systems era maintained. At a mini- mum. maintenance Plans shall specify the maintenance activities to be per- formed, the fregnen0y of their perform- anae, and the Person by name or title responsible for their performance. (e) Certijtcatiott requatreme v~ ev e submitted to support that a gi system complies with the structural reQuirements set forth in paragraphs ('bX1) through (7} •of 'this section must ~ Certified by a registered prmfessional 'engineer. Also, 0ertiiYed as-built plans • of the levee must be submitted. Certifi- ~~tions are subject to the deflaition even at $65.2 of this subchapter. In eu ~of these structural requirements. a Federal agency with responsibility for ?levee desiga may certify that the levee ##as been adequately desisaed and con- ~•structed to. Provide Protection against xhe base flood. P'R 38316. Ans. 25. ie86] .r., `~ ~-~o4PP~ ~~ fl cub ~ssard areas. s,,. (a) General condit~ons• For purposes of ~-~te NFIP. FF.MA will consider storm- °~riduced dune erosion Potential in its ~~tCrminatian of coastal flood hazards k; :~ _.~tid risk mapping efforts. The criterioa td be used in the .evaluation of dune ~` ":erosion will apply to primary frontal diutes as defined is $68.1. but does not >,;~~pp1y to artificially designed and con- ;_ `s~trncted dunes that are not well-estab- ';:lished with long-standing vegetative :: '~pver, inch as the placement of said lhaterials in a dune-like formation. . {b) Evaluation criterion. Primary fron- :~ .;tpl1 duaes will not be considered as ef- fCctive barriers to base flood storm ::..:.s~g~ and associated wave action i as cFa cr1. r c1a-~-A~ rdriion) where the orals-sectional area of the Primary frontal duce. as measured per- pendicular to the shoreline and above the 100-year stillwater flood elevation and seaward of the dune crest, is equal ~. or less thaw. b40 square feet. (c) Exceptions. Exceptions to the eval- uation criterion may be granted where it caa be demoinstrated through an- thorltstive historical do0umentation that the primary frontal dunes at a specific site withstood previous base flood storm surges and associated wave action. [53 FR 18~T8. May B.1~8] $66.12 Revision of flood iasurauoe rate maps to reflect base floal ele- vpvcreoflac~l~me~n used bY Proposed en- (a) When . a community proposes to pera-it eacroaohments upon the flood plain when a regulatory floodway has not bean adopted or to permit en- croachments upon an adopted regu- latory floadway which will c~nse base flood elevation increases in excess of those permitted under paragraP~ (0)(10) or (d)(33 of $60.3 of this aub- chapter, the community shall aPP1y ~ the Administrator for conditional ap- proval of such action prior to Permit- ting the encroachments to oca o anmd shaII submit the following as part application: (1) A request for conditional approval of map thanes and the appropriate ini- tial fee as specified by $72.3 of this sub- chapter or a request for exemption tl; om fees as specified by $72.5 of this subchapter, whichever is appropriate; (2) An evaluation of alternatives which would not result in a base flood elevation increase above that per- mitted under paragraphs (0X10) or on)s3trating whyf .,besess alternatives are not feasible; (3) Documentation of individual legal notice to all impacted property owners within and outside of the community, explaining the impact of the Proposed action on their property. (4j Concurreacs of the Chief Execu- tive Officer of any other 0ommnnities impacted by the piroposed actioas; d A m ~0 m N ° ®~ ~~~ M N C ~ ~+: Iw* a ~' ~r m r,~ ~ ...~- .~^ m ~~ r. ~~ ..~~ m -, ~. ..r~•• N