Snake River Fund letter - Snake River Sporting Club Development Permit 02-0024 violations ait.d Baecker <[email protected]> Tue 11/13/2018 1:12 PM io’ Haruifton Smith <[email protected]>; Susan Johnson <[email protected]>; Chandler Windorn <cwi ndorn (Otetoncountywy.gov>; Cc.Board Of County Commissioners <[email protected]>; [email protected] <[email protected]>; Mary Moore <[email protected]>; David Cernicek <[email protected]>; Michael T Happold <[email protected]>; Luther Propst <[email protected]>; [email protected] <[email protected]>; I urn ,in,nnt.s 213 KB) 20181113SRF_TCPD_SRSC,,yiohitions letter.pdf; Dear Susan, Humilton & Chandler (as well as CC’d parties): Pime,e find the Snake River Fund’s ,ittaclred kttei imploring Teton County and other agency partners to follow the law, rules, and procedtire set forth in tue tnm rim’, of eton County’s Development Permit 02—0024 issued Snake River Sporting Club and its agents. Viukriams of this cievimlopriment permit and its conditions are evident. The Wilc] and Scernic Snake River needs to be protect from these very actions. The Snake River is a local and national asset. Locally the Snake River is both arid ecological and economic artery to our community. Nationally, the Snake River is an icon of free flowing wildness. Uphold tIre rules, regulations, and laws of our land, deny all after—the-fact perrrrt applications before you with regaids to bank stabilization and channel nltwahons on the Snake River, its side channels and banks. Si ice rely, Jared Baeckei Jared Baecker Executive Dir ector Snake River Func) iC k’ ‘NY 83002 0: (307) 734-6773 C: 307) 200-1653 To stop receiving messages from Board Of County Commissioners group, stop following it, Snake River Fund PC Box 7033 Jackson, WY 83002 307-734-6773 snake rivet f tin d.c ig in to @5 flake river t u n d.c r g Susan Johnson November 13, 2018 Hamilton Smith Chandler Windom Teton County Planning Department 200 S. Willow Street, 2 Floor P0 Box 1727 Jackson, WY 83001 RE: Snake River Sporting Club — Development Permit 02-0024 violations Good Morning Susan, Hamilton & Chandler: The Snake River Fund remains deeply concerned with Snake River Sporting Club’s clear violation of the conditions set for in the final Development Permit 02-0024. been communication with Hamilton Smith regarding this topic and I have in appreciate his correspondence on the matter. The Snake River Fund understands the matter is being handled at the county staff level. The Snake River Fund encourages the county to analyze and hold the development permit and its respective conditions in the highest regard. There are definitive violations with regards to Conditions 38 and 39 of Development Permit 02-0024. The actions of the Snake River Sporting Club and the response of our local government may be precedent setting locally and nationally. Fulfilling the County’s obligation to our community is paramount. Leniency with regard to Development Permit 02-0024 conditions, and the regulations established by Teton County would be a violation of our community’s trust. Please consider the Snake River Fund’s interpretation of Development Permit 02- 0024 and the violations of Conditions 38 & 39 below. Conditions 38: No dike, levee or retaining wall shall be constructed in the Snake River, its floodway or floodplain for bank stabilization, erosion control, or other purpose, nor shall the bank height be altered. Site 3 (as identified in Teton County Planning & Development Departments, August 17, 2018 letter to Christopher Swann) is in clear violation of the terms set forth in Condition 38. A “boulder trench” was constructed by the landowner during the winter of 2017-18. The boulder trench is a bank stabilization measure. The boulder trench is not a stockpiling event or authorized stockpile location. The boulder trench is constructed of primarily basalt rip-tapping materials. These materials are not native to the site and were delivered specifically for bank stabilizing purposes. The boulder trench is approximately 300 feet long and 10-15 feet deep where currently exposed - - to the Snake Rivet. There are no two ways about it this is a violation of Development Permit Condition 38. Condition 38 continued: No bendway weir or other bank stabilization measure (but not dikes, levees, or retaining walls) shall be used on the Snake River, its floodway, nor floodplain unless authorized by the governmental entity having primary jurisdiction over the subject matter, or, by each governmental entity having concurrent jurisdiction over the subject matter, which includes Teton County. A bank stabilization measure shall not have a significant adverse affect on the natural quality of the Snake River, and/or the aquatic ecosystem, and/or the recreational values of the Snake River. Site 3 is again in clear violation of the continued language of Condition 38. A bank stabilization measure (boulder trench) was installed by the Snake River Sporting Club in the floodplain of the Snake River. No government authority, not Teton County, not the United States Army Corps of Engineers, not the United States Forest Service authorized the construction of this bank stabilizing “boulder trench”. Additionally, the actions taken by the Snake River Sporting Club are below the ordinary highwater line of the Snake River. If proper procedure were to be followed, the Snake River Sporting Club should have at bare minimum contacted the Teton County Planning Department to determine whether this operation was in the purview of the Development Permit. That request may have required review by the United States Army Corps of Engineers (USACE). Activities below the ordinary highwater line would require approval from the United States Army Corps of Engineers prior to construction. The USACE involvement would trigger a Section 7 review under the Wild and Scenic Rivers Act managed by the United States Forest Service, Bridger-Teton National Forest. All of these checks and balances were avoided by the Snake River Sporting Club. The Snake River is a designated Wild & Scenic River under the recreational classification in this particular reach. The bank stabilization measures degrade the aquatic habitat, free flowing condition, and recreational aesthetic values of the Snake River. These are violations of Condition 38. Condition 39: No development, except in accordance with the LDRs, shall be located within the 70-year floodplain, as accepted by the County. Under the Status section of the Development Permit, it is stated: “Bendway weirs as bank stabilization measure would be within the floodway and are governed by Condition #38, above. None are proposed or allowed in the Final Development Plan. 2017 Aerial photography clearly demonstrates that flooding is a predictable and natural occurrence. The aerial photography also demonstrates that bank modification measures are within the floodway and 10-year floodplain. Since the actions taken at Site 3 are within the floodplain a violation of Condition 39 has been committed by the Snake River Sporting Club. The Snake River Fund is gravely concerned about the precedent that could be set by Teton County if the county chooses to authorize and approve after-the-fact permits to the Snake Rivet Sporting Club for the numerous infraction that have taken place at Site 3. The Snake River Sporting Club has clearly demonstrated its desire to constrain the river course and to prevent lateral movement of the free-flowing Snake River. The Snake River Fund is also concerned about the conflict of interest that has occurred in this process. We were told by Christopher Swann, Principal, Cygnus Capital that these measures where authorized by Kurt Stout, County Floodplain Administrator. It has been suggested that Mr. Stout has been working as independent contractor for the Snake River Sporting Club while concurrently fulfilling the position as the County Floodplain Administrator. The Snake River Fund was informed by Mr. Swann that communications regarding bank stabilization and emergency flood fight activities were conducted with Mr. Stout via telephone and no written record of.the approval of the bank stabilization activities has occurred. The Snake River Fund expects Teton County Planning Department fulfill its obligations of upholding the county issued development permit and all of the conditions attached to the permit. The Snake River Fund respects the Snake River Sporting Clubs desire to conduct business with the best interests of its investors and members in mind, however, doing so should fall within the constraints of the laws and procedures set forth by Teton County and its partner agencies. Please deny all after-the-fact permit applications submitted by the Snake River Sporting Club and its agents. Require the Snake River Sporting Club to remediate the sites to their natural condition prior to reviewing and/or approving any further development applications or rights within the Snake River Sporting Club. Uphold the trust of the public and enforce the conditions of the development permit, deny all applications for these violating actions. Sincerely, Jared Baecker Executive Director CC: Teton County Board of County Commissioners Patricia O’Connor, Forest Supervisor, Bridger-Teton National Forest Mary Moore, Jackson District Ranger, Bridger-Teton National Forest David Cernicek, Wild & Scenic Rivers Coordinator, Bridger-Teton National Forest Michael Happold, United States Army Corps of Engineers Luther Propst, Teton County Board of County Commissioner (Elect) Mark Barron, Teton County Board of County Commissioner (Elect) 1%-OI 02- Please protect what we love at Snow King Moily Watters <[email protected]> uc 11/13/2018 1:35 PM Board Of County Commissioners <[email protected]>; Dear Teton County BCC, Thank you for allowing public comments on the proposed development at Snow King - both on mountain and at the base. This is out community’s chance to come up with a whole new vision and plan for Snow King.