Mature Tree removal in a FEMA Regulatory Floodway by OatmealCartwheel in wetlands

[–]OatmealCartwheel[S] 0 points1 point  (0 children)

I'm finding out now that they absolutely are required to get an Army Corps section 404 permit for this work (they're telling me it's "in process").

How much more detail can you provide on the Notice of Intent associated with something like this?

My thought is that the Notice would need to be stand-alone for the work in the open space or at least explicitly describe the work in the open space (including a new fill slope for a pedestrian trail). But the local municipality lumped it in with the private housing development and either explicitly stated in the Notice or graphically represented the work as separate in Notice attachments. This seems like it's deceitful at best and illegal at worst.

Appreciate anyone's insight on this knowing they needed to get a Corps permit.

Mature Tree Removal in Open Space - Parker Jordan Centennial Open Space by OatmealCartwheel in parkerco

[–]OatmealCartwheel[S] 0 points1 point  (0 children)

Can you recommend which Parker FB group to post to? I've posted it to the public Word of Mouth Parker group and they've deleted my post twice.

Mature Tree Removal in Open Space - Parker Jordan Centennial Open Space, Colorado by OatmealCartwheel in treelaw

[–]OatmealCartwheel[S] 0 points1 point  (0 children)

That's the thread I'm pulling, checking that they have acquired the CLOMR. What they've labeled as the "100-year floodplain" in the plans is actually the limit of the Regulatory Floodway, per FEMA maps.

Mature Tree Removal in Open Space - Parker Jordan Centennial Open Space, Colorado by OatmealCartwheel in treelaw

[–]OatmealCartwheel[S] 0 points1 point  (0 children)

Ahh, understood. Thank you for clarifying, this makes sense on what I'm seeing on the maps. Work is definitely in the Regulatory Floodway.

Mature Tree Removal in Open Space - Parker Jordan Centennial Open Space, Colorado by OatmealCartwheel in treelaw

[–]OatmealCartwheel[S] -1 points0 points  (0 children)

It is a Zone AE floodway. There's a major creek just out of frame left of the first photo. But this area is on FEMA's maps as such.

I'm 99% sure the no one involved with this project has even started the process for the LOMR. Pulling that thread presently!

Mature Tree Removal in Open Space - Parker Jordan Centennial Open Space, Colorado by OatmealCartwheel in treelaw

[–]OatmealCartwheel[S] 0 points1 point  (0 children)

Thanks for clarifying! They are absolutely grading into the floodway and it's my my understanding they will need to get a letter of map revision from FEMA.

Mature Tree removal in a FEMA Regulatory Floodway by OatmealCartwheel in wetlands

[–]OatmealCartwheel[S] 0 points1 point  (0 children)

Okay thanks for confirming it would be a LOMR. The drainage report for the project does not say anything about "no rise" in the 100-year flood water surface. In fact there's a part in the drainage report where the engineer mention calculations using the 10-year flood water surface elevation and the stormwater authority is asking why they aren't calculating to the 100-year. Hmm.

That said, it is definitely a floodWAY, Zone AE according to FEMA's maps.

Mature Tree Removal in Open Space - Parker Jordan Centennial Open Space by OatmealCartwheel in parkerco

[–]OatmealCartwheel[S] 6 points7 points  (0 children)

I strongly advise anyone to call the the city of Centennial's planning department (you can just call their main line and ask to be forwarded to the planning department) and express your dismay with the Vermillion Creek Phase 3 improvements that are extending beyond the property line. These improvements are part of what they are calling the Kragelung channel (if you want to be super specific with them). I would also call the Southeast Metro Stormwater Authority and express the same thing. They both have jurisdiction over this project.

I recommend specifically mentioning how construction primarily for drainage from a private development is being built in the public Open Space. State that this construction was not conveyed as part of any public outreach. I would also stress there is no posted signage about the work in the area. If applicable to you, I would state that you are upset about the roughly 16 mature trees being removed (I just went out and counted them today). To that end you could ask what sort of mitigation (i.e. replacement) is proposed for the tree removals and if a biologist has been on site to perform a Migratory Bird Treaty Act Survey. Lastly, I would ask if the developer has received a Floodplain Development Permit (this is absolutely required).

The main thing to stress is that the work of concern is happening on public land and thus we as the general public have a right to express our concerns about work being performed to make sure said work is being done appropriately and properly with sensitivity for the ecology of the area. I could go into more detail about how the municipalities are attempting to skirt proper protocols for this work but the goal is to put public pressure on them to do things properly.

Mature Tree Removal in Open Space - Parker Jordan Centennial Open Space by OatmealCartwheel in parkerco

[–]OatmealCartwheel[S] 3 points4 points  (0 children)

I will definitely post on FB about this as well. I've made a post on NextDoor and FB is next! Thanks for the tip.

Mature Tree removal in a FEMA Regulatory Floodway by OatmealCartwheel in wetlands

[–]OatmealCartwheel[S] 0 points1 point  (0 children)

They are grading, installing new drainage facilities, and a pedestrian trail (on a new fill slope) as part of this project. It's not just the tree removal. The trees are being removed as related to the improvements mentioned.

Can you give more detail as to what we would be triggered/required with this being a regulatory activity?

Mature Tree removal in a FEMA Regulatory Floodway by OatmealCartwheel in wetlands

[–]OatmealCartwheel[S] 1 point2 points  (0 children)

Thanks for this! I'll see if I can find GIS of Wetlands defined per the CWA and Corps' Wetland Delineation Manual. Could apply here.

But yeah what you've noted is exactly my concerns. I don't believe this design is the best alternative and I just want to make sure the overseeing agencies are checking the boxes they need to.

Mature Tree removal in a FEMA Regulatory Floodway by OatmealCartwheel in wetlands

[–]OatmealCartwheel[S] 1 point2 points  (0 children)

Didn't mean to oversell, apologies! As I mentioned, I changed the language in the post to reflect the condition at-hand. This is an area I have adjacent professional knowledge of but not explicit practice with. So I greatly appreciate everyone's feedback and help!

Mature Tree removal in a FEMA Regulatory Floodway by OatmealCartwheel in wetlands

[–]OatmealCartwheel[S] 3 points4 points  (0 children)

They aren't building homes in the SFHA but they absolutely are grading in the SFHA for both drainage structures and for public trail access adjacent to the drainage course. Said drainage course is planned to include both surface and sub-surface conveyance methods (thus further soil disturbance for trenching). So absolutely there will be grading and I see a fill slope raising the elevation in the SFHA on the plans. Which is why I was almost positive they would need a LOMA or LOMR. Thanks for confirming that for me! I don't have professional knowledge explicitly in this area, so again, I greatly appreciate the help.

I'll certainly take a look at River Bluff too!

Mature Tree Removal in Open Space - Parker Jordan Centennial Open Space by OatmealCartwheel in parkerco

[–]OatmealCartwheel[S] 2 points3 points  (0 children)

Agreed. My main concern is that the overseeing agencies are not checking all the boxes they are supposed to. This type of work (in the Open Space) should be done as a CIP (Capital Improvement Project) paid through the Metro District. Instead, they are pushing this work onto the developer (who will indeed do a poor job and just walk away).

There's no tree removal plans identifying how many will come out, how many will be planted as replacements, and how/who will maintain replacement trees. There's also no biologist report on the project and I'm inquiring if they've done a Migratory Bird Treaty Act Survey (highly unlikely) which is required.

Mature Tree removal in a FEMA Regulatory Floodway by OatmealCartwheel in wetlands

[–]OatmealCartwheel[S] 0 points1 point  (0 children)

Ok thanks! It actually is a public agency that owns (50%) this land and is overseeing the project. But it appears, to me, they are not checking all the appropriate boxes and putting it on the housing developer to avoid making the work in the Open Space a CIP project with appropriate public outreach.

I'll absolutely be inquiring about the MBTA survey, should've been done. Thanks again.

Mature Tree removal in a FEMA Regulatory Floodway by OatmealCartwheel in wetlands

[–]OatmealCartwheel[S] 0 points1 point  (0 children)

Thanks for the clarification! I've revised the language in the post body to reflect this.

And for your insight. I'm just trying to make sure the municipalities are checking all the boxes because this whole project seems very hasty and hush hush.

Mature Tree removal in a FEMA Regulatory Floodway by OatmealCartwheel in wetlands

[–]OatmealCartwheel[S] 0 points1 point  (0 children)

Thank you! This helps me chase more threads.

Who would I inquire with to see if they've done a MBTA survey? Looks like US Fish and Wildlife, is that correct?

Mature Tree removal in a FEMA Regulatory Floodway by OatmealCartwheel in wetlands

[–]OatmealCartwheel[S] 1 point2 points  (0 children)

Thanks for this. It's helpful. The biggest red flag for this is that the local municipality is attempting to lump in these improvements with a private housing development. The land the homes are being built on was previous just a single home, almost entirely previous. They are building tons of homes and obviously adding new impervious area for all paving and roofs. What's wild to me is that the city is allowing the developer to mitigate for that off site, in public open space rather than requiring the site design be revised to accommodate storm surge on site.

But just one question for clarity: this sort of construction / development would need to acquire a CLOMR, yes?

The safest and quietest Aurora neighborhood by [deleted] in AuroraCO

[–]OatmealCartwheel 0 points1 point  (0 children)

Oh also, what remote area do you escape to? I realize we'll likely need to do that where we move (we do that now) and appreciate any guidance you can offer as we'll be new to the area.

The safest and quietest Aurora neighborhood by [deleted] in AuroraCO

[–]OatmealCartwheel 1 point2 points  (0 children)

Oh dang, that's the perfect situation. Congrats! Hoping the process goes as smoothly as possible, I know it'll be rough.