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<br />Routt County Commissioners <br />June 4, 2001 <br />Page 5 of 8 <br />Yampa River channel ranging in depth from approximately 7.7 to 9 feet. As a result of this large <br />channel depth, the conveyance capacity is shown to be sufficient in XS-1 and XS-4 to prohibit water <br />from rising above the channel bank. But the BFE does rise above the channel bank in XS-2 and XS-3. <br />Even without questioning the accuracy of the assumed cross-sections, the BFE above the banks at <br />XS-2 and XS-3 would cause portions of the property to be inundated. This cause and effect of <br />flooding on to the property has not been adequately addressed. In the Applicant's report, on page 5 <br />of 7 its stated that overflow does occur at XS-1, XS-2, and XS-3. The Applicant rationalizes that <br />overflow will be intercepted by an existing Swale that parallels the river, thus keeping the property <br />out of floodplain. This is anill-conceived assumption. Although not stated in the report, both the <br />Yampa River and Trout Creek were modeled as having subcritical hydraulic gradients, evident by <br />review of Table 2 in Appendix A and B of Applicant's report (i.e., W.S. Elev. is greater than Critical <br />W.S.). When modeling a subcritical gradient, the modeling analyses begins downstream and then <br />steps sequentially upstream. Consequently, a backwater curve develops starting downstream and <br />works its way upstream. Any Swale that parallels the river would have water backed-up into it at the <br />same BFE as in the river. There is no place for a Swale to divert water. For a Swale to effectively <br />remove flood flows (i.e., reduce the BFE) would require the diversion of water into a completely <br />different drainage basin. Obviously this is not the case at this location on the Yampa River. Hence, <br />the rationale that a Swale will remove overflows is simply without merit. <br />2. Trout Creek <br />The hydrology for Trout Creek needs to be corrected before any evaluation ca^. be made as to <br />floodplain delineation. Because recent field observations contradict the water surface cross-sections <br />shown in the Applicant's report, the field survey data ofthe river cross-sections needs to be reviewed <br />for accuracy. <br />Federal and State Permitting <br />In Part II ofthe Federal Register Department of Defense, under Section 404 ofthe Clean Water Act, <br />the secretary of the Army, acting through the Chief of the Engineers, is authorized to issue permits <br />after notice and opportunity for public hearings, for the discharge of dredged or fill material into the <br />waters of the United States. Additionally, under Section 401 of the Clean Water Act any applicant <br />for a federal license or permit to conduct any activity that may result in a dischazge of a pollutant into <br />waters ofthe United States to obtain a certification from the State in which the discharge originates. <br />Should it be determined the Applicant's property is within the 100-year floodplain, then federal permit <br />and public interest review will be required as per Sections 404 and 401 of the Clean Water Act. It <br />appears to AES that there are sufficient inaccuracies and inconsistencies inthe Applicant's Floodplain <br />