March 14, 2018

Richard & Amy Yarbrough

18385 White Fawn Drive

Monument, CO 80132

Dear Applicant and/or Consultant:

Subject: MS-18-001 Yarbrough Minor Subdivision

The purpose of this letter is to provide you with thereview agency responses to the above named development application that have been receivedto-date by Planning and Community Development.

You are encouraged to directly contactthose agenciesthat did provide review comments if the comments requireadditional action by the applicant/applicant’s representative. You are also encouraged to directly contact those agencies that did not provide review comments if such response is required by state statutes and the El Paso County Land Development Code.

EL PASO COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT

Current Planning

  • See redlines

Engineering Department

Planning and Community Development (PCD)-Engineering reviews plans and reports to ensure general conformance with El Paso County standards and criteria. The project engineer is responsible for compliance with all applicable criteria, including other governmental regulations. Notwithstanding anything depicted in the plans in words or graphic representation, all design and construction related to roads, storm drainage and erosion control shall conform to the standards and requirements of the most recent version of the relevant adopted El Paso County standards, including the Land Development Code (LDC), the Engineering Criteria Manual (ECM), the Drainage Criteria Manual (DCM), and the Drainage Criteria Manual Volume 2 (DCM2). Any deviations from regulations and standards must be requested, and approved by the ECM Administrator, in writing. Any modifications necessary to meet overlooked criteria after-the-fact will be entirely the developer’s responsibility to rectify.

A written response to all comments and redlines is required for review of the re-submittal. Please arrange a meeting between the developer’s team and County staff to review and discuss these comments and prepared revisions/responses prior to the next submittal.

General

1.As discussed at the Early Assistance meetings regarding this project, right-of-way for the cul-de-sac or hammerhead needs to be addressed through a deviation request if it is not proposed to meet current County criteria. A deviation request form can be provided upon request. (The engineer that provided the drainage report may sign the deviation request.) If the hammerhead deviation is approved, that area needs to be shown as ROW, not a tract, and the existing cul-de-sac will most likely not be vacated. The easement providing access to the lot to the south may need to be partially vacated by that owner if the County is to maintain the hammerhead. Please verify details of the deviation request with Staff before preparation and submittal; confirmation of the County Engineer’s requirements will be obtained and relayed to the applicant.

Final Plat

1.Revise the plat and closure sheet as appropriate per the results of any deviation request.

2.In accordance with LDC Section 8.4.2(B)(1)(e), show the Federal Emergency Management Agency (FEMA)-approved base flood elevations and 100-year floodplain boundaries on the plat. If topography has changed significantly since the floodplain study, provide a Floodplain Certification Letter by a professional engineer or architect stating that “To the best of the engineer's knowledge and based on field verified characteristics of the property, the property is reasonably safe from flooding and, if studied, the 100-year floodplain would not be shown to enter the property in question.”

Drainage Letter Report

1.Note: The drainage report is dated May 5, 2010. Certain County criteria have been updated since that time (particularly hydrology and runoff calculations); however, the changes may not affect the report significantly. Please verify at the time of the design engineer’s stamp and signature.

2.Note: A drainage plan was not received with the submittal but has been obtained from the design engineer. Include the plan at the end of the drainage report with the next electronic submittal.

3.Note: If a culvert is installed per the drainage plan, a floodplain development permit and drainage easement is required.

4.Update the drainage basin fee calculation. Drainage fees at the time of submittal (2018) are $11,919 per impervious acre (no bridge fee).

5.Add reference to EPC Board Resolution No. 15-042 (El Paso County adoption of Chapter 6 and Section 3.2.1 Chapter 13 of the City of Colorado Springs Drainage Criteria Manual dated May 2014, hydrology and full-spectrum detention).

Attachments/Electronic Redlines

1.Redlined Drainage Letter Report

2.Redlined LOI

3.Redlined Soils Report

ELPASO COUNTY PARKS DEPARTMENT

The Planning Division of the Community Services Department has reviewed the Yarbrough Minor Subdivision development application, and has the following comments of behalf of El Paso County Parks. This application will be presented to the Park Advisory Board February 14, 2018.

The Yarbrough Minor Subdivision is a one lot minor subdivision totaling 1.72 acres. The property is located south of the Town of Palmer Lake and west of the Town of Monument on Rockbrook Road.

The 2013 El Paso County Parks Master Plan shows no parks, trails/routes, or open space directly impacted by the proposed subdivision. The New Santa Fe Regional Trail and proposed Ben Lomond Mountain Secondary Regional Trail are both located 0.75 mile north of the property. The property is not located within any Candidate Open Space land.

El Paso County Parks staff recommends fees in lieu of land for regional park purposes in the amount of $430 as shown on the attached Subdivision Review Form.

Recommended Motion:

“Recommend to the Planning Commission and Board of County Commissioners that approval of the Yarbrough Minor Subdivision include the following condition: Require fees in lieu of land dedication for regional park purposes in the amount of $430.”

Sincerely,

Ross A. Williams

Park Planner

Planning Division

Community Services Department

ELPASO COUNTY HEALTH DEPARTMENT

Please accept the following comments from El Paso County Public Health regarding the minor subdivision project referenced above:

  • Water for lot will be provided by Forest View Acres Water District which is a Colorado Department of Public Health and Environment, Water Quality Control Division, regulated central water supply. PWSID#CO0121250
  • Wastewater treatment for the lot will be provided by Palmer Lake Sanitation District. There is sufficient capacity for the anticipated wastewater flow for this proposed project based on the available treatment capacity of the district as outlined in the 22Nov2017 letter from Tri-Lakes Waste Water Treatment.
  • Radon resistant construction building techniques/practices are encouraged to be used in this area. The EPA has determined that Colorado, and the El Paso County area have potentially higher radon levels than other areas of the country.
  • Earthmoving activity in excess of one acre, but less than twenty-five acres, requires a local Construction Activity Permit from El Paso County Public Health. Go to activity-application for more information.

Mike McCarthy, R.E.H.S.

El Paso County Public Health

Environmental Health Division

719.575.8602

10Mar2018

ELPASO COUNTY ENVIRONMENTAL SERVICES

The El Paso County Environmental Division has completed its review of the Yarbrough Minor Subdivision MS181. Our review consisted of the following items: wetlands, federal and state listed threatened or endangered species, general wildlife resources and noxious weeds.

  1. Portions of the property contain potential Preble’s meadow jumping mouse habitat. Be advised that documentation from the U.S. Fish and Wildlife Service (USFWS) shall be provided to the Planning and Community Development Department prior to project commencement where any future projects will result in ground disturbing activity in habitat occupied or potentially occupied by threatened or endangered species and/or where development will occur within 300 feet of the centerline of a stream or within 300 feet of the 100 year floodplain, whichever is greater. The applicant is hereby on notice that the USFWS has regulatory jurisdiction over threatened and endangered species and migratory birds, respectively. It is the applicant’s responsibility, and not El Paso County’s, to ensure compliance with all applicable laws and regulations, including but not limited to, the Endangered Species Act and the Migratory Bird Treaty Act.

It is strongly recommended that the applicant obtain the necessary approvals from all federal, state and county agencies as a part of their planning process.

We appreciate the opportunity to comment on this project. If you have any questions or concerns, please contact me at (719) 520-7845.

The El Paso County Environmental Division has completed its review of the above referenced submittal. Our review consisted of the following items: wetlands, federal and state listed threatened or endangered species, general wildlife resources and noxious weeds. The Environmental Division understands that the current replat request does not include any ground disturbing activity; however the applicant should be aware of the following;

  1. Prior to project commencement that includes any ground disturbing activity, a completed U.S. Army Corps of Engineers (USCOE) permit shall be provided to the Planning and Community Development Department. Alternatively, a letter from a qualified wetland scientist indicating why such a permit is not required for this project will be acceptable. The applicant is hereby on notice that the USCOE has regulatory jurisdiction over wetlands. It is the applicant’s responsibility, and not El Paso County’s, to ensure compliance with all applicable laws and regulations, including, but not limited to, the Clean Water Act.
  1. Prior to project commencement that includes any ground disturbing activity, documentation of consultation from the U.S. Fish and Wildlife Service (USFWS) shall be provided to the Planning and Community Development Department. The applicant is hereby on notice that the USFWS has regulatory jurisdiction over threatened and endangered species and migratory birds, respectively. It is the applicant’s responsibility, and not El Paso County’s, to ensure compliance with all applicable laws and regulations, including but not limited to, the Endangered Species Act and the Migratory Bird Treaty Act.
  1. Wildlife protection measures should be noted including fencing requirements, garbage containment, and riparian/wetland protection/buffer zones, as appropriate. Information can be obtained from Colorado Parks and Wildlife.

We appreciate the opportunity to comment on this project. If you have any questions or concerns, please contact me at (719) 520-7879.

ELPASO COUNTY CONSERVATION DISTRICT

Comment 1:
The Board of Directors of the El Paso County Conservation District have no comments at this time.
Comment 2:
The Board of Directors of the El Paso County Conservation District have no comments at this time.
911 AUTHORITY –EL PASO/ TELLER COUNTY

No new street names requested. No comment for 911 at this time. Thank you Justin

NORTORN EPC COALITION OF COMMUNITY ORGANIZATIONS, INC (NEPCO)

NEPCO is providing the collective input from its membership that includes 8,700 homeowners, 41 HOAs and 18,000 registered voters within and around Monument. The purpose of NEPCO, a volunteer coalition of Homeowner Associations in northern El Paso County, is to promote a community environment in which a high quality of life can be sustained for constituent associations, their members, and families in northern El Paso County. We collectively address growth and land use issues with El Paso County Planners and the Town of Monument, as well as addressing HOA issues of common interest among the members. NEPCO achieves this by taking necessary steps to protect the property rights of the members, encouraging the beautification and planned development and maintenance of northern El Paso County.

NEPCO’s general comments related to the Yarbrough Minor Subdivision

  1. All lighting, commercial, municipal and residential should be required to be Dark Sky compliant. The location, nestle tightly against the foothills of the Rockies should set the standard for night sky friendly lighting.
  2. It is incumbent upon landowners in El Paso County to care for and protect the land under their control.Noxious weeds pose a serious threat to our natural environment due to the damage they cause to natural landscapes and agricultural lands resulting in economic loss. The first step in weed prevention, the most cost-effective means, is to prevent the potential spread of weeds. Construction sites often create ideal conditions for invasive weeds to thrive as topsoil is removed and the soil is compacted using large vehicles.The landowners should be reminded of their responsibilities in this issue.

Conclusion:

It is an appropriate use of the land and has all of the approvals. NEPCO does not have any specific concerns about this proposal other than those stated above.

Thomas M. VierzbaLarry Oliver

Vice President, NEPCO President, NEPCO

Chairman,

NEPCO Transportation and Land Use Committee

NEPCO is providing the collective input from its membership that includes 8,700 homeowners, 41 HOAs and 18,000 registered voters within and around Monument. The purpose of NEPCO, a volunteer coalition of Homeowner Associations in northern El Paso County, is to promote a community environment in which a high quality of life can be sustained for constituent associations, their members, and families in northern El Paso County. We collectively address growth and land use issues with El Paso County Planners and the Town of Monument, as well as addressing HOA issues of common interest among the members. NEPCO achieves this by taking necessary steps to protect the property rights of the members, encouraging the beautification and planned development and maintenance of northern El Paso County.

NEPCO’s general comments related to the Yarbrough Minor Subdivision

1.All lighting, commercial, municipal and residential should be required to be Dark Sky compliant. The location, nestle tightly against the foothills of the Rockies should set the standard for night sky friendly lighting.

2.It is incumbent upon landowners in El Paso County to care for and protect the land under their control. Noxious weeds pose a serious threat to our natural environment due to the damage they cause to natural landscapes and agricultural lands resulting in economic loss. The first step in weed prevention, the most cost-effective means, is to prevent the potential spread of weeds. Construction sites often create ideal conditions for invasive weeds to thrive as topsoil is removed and the soil is compacted using large vehicles. The landowners should be reminded of their responsibilities in this issue.

Conclusion:

It is an appropriate use of the land and has all of the approvals. NEPCO does not have any specific concerns about this proposal other than those stated above.

Thomas M. VierzbaLarry Oliver

Vice President, NEPCO President, NEPCO

Chairman,

NEPCO Transportation and Land Use Committee

COLORADO STATE FOREST SERVICE

The Wildfire Hazard & Mitigation Report submitted for this project is sufficient to identify the wildfire hazards and provides sound recommendations to reduce those hazards.

If the report is followed by the developer and the future home owners, no other actions are necessary for final approval by the Colorado State Forest Service.

Respectfully,

Larry long

Larry Long C.F.

District Forester

719/687-2921

PIKES PEAK REGIONAL BUILDING DEPARTMENT

Enumerations has the following comments: 1. Address assigned to the property is 18755 Rockbrook Road. 2. Enumerations will review the mylar prior to plat, please be sure the address is on the parcel as close to the edge of the front of the parcel as possible. $10.00 per lot and tract will be due at the time of the review of the mylar. If an address is not needed for the tract then a fee for that tract will not apply. 3. A copy of the final recorded plat is required prior to building permit issuance. Floodplain has the following comment: Per Lidar data the ground elevation is higher than the base flood elevation. Seems to be an error in the mapping. No further action needed. For more information please contact Keith Curtis. 719-327-2898 or

Enumerations has no further comment.

COLORADO GEOLOGICAL SURVEY

See uploaded attachment in EDARP.

Colorado Geological Survey has reviewed the subject referral. For this review we received: Letter of Intent and Application, Plat Drawing (Rampart Surveys, 5.5.10) Drainage Report (5.5.10), Soil Report (Front Range Geotechnical, 3.2.06), and various other documents. We understand that the applicant desires to create a minor subdivision consisting of one 1.72 acre lot.

Geologic Report. Per El Paso County Land Development Code (8.4.9) “All sketch plans and preliminary plans submitted for review shall be accompanied by geology and soils report.” The subsurface soils investigation submitted, is not a geology report as outlined in the development code. This submittal is incomplete without the geology and soils report as required by County Code. The applicant should work with your office to determine the requirements for a complete submittal for a minor subdivision.

Thank you for the opportunity to review and comment on this project. If you have questions or need additional review, please call at (303) 384-2643, or e-mail .

Sincerely,

Jonathan R. Lovekin, P.G. Senior Engineering Geologist

INTERMOUNTAIN RURAL ELECTRIC ASSOCIATION

The Association has reviewed the contents in the above-referenced referral response packet. We reviewed the project for maintaining our existing facilities, utility easements, electric loading, service requirements and environmental impact. The Association has no comments at this time.

The following agencies have not provided review comments to-date:

  • EPC Sheriff’s Department
  • Colorado Division of Water Resources
  • Colorado Parks and Wildlife
  • Palmer Lake
  • Black Hills Energy
  • Forest View Acres Water District
  • Lewis Palmer 38
  • Palmer Lake Sanitation
  • Tri Lakes Land Use Committee
  • Tri-Lakes-Monument Fire Protection District

Comments received from any of the above non-responding agencies following the issuance of this letter will be forwarded to the applicant/applicant’srepresentative and will be added to the end of this letter for record keeping purposes.