The city of Glenwood Springs is refusing to submit a specific kind of land use application for the South Bridge project to Garfield County, which claims the project affects land in two unincorporated parts of the county.
At a meeting on April 13, the county said that the city has refused to submit a 1041 form — a type of land use application — for months.
“They’re really critical regulations for the county and for our citizens to protect the environment and local authority for land use decision making,” Garfield County Attorney Heather Beattie said during the meeting.
The South Bridge will cross the Roaring Fork River and Jackson Ranch — both of which are in unincorporated Garfield County. The bridge also connects Highway 82 to a Colorado Department of Transportation right-of-way near Holy Cross Energy, which affects both a state structure and local utilities. Therefore, the county says the city must seek county approval.
Beattie said the project will affect Highway 82 due to traffic mitigation techniques during construction, which will also impact statewide visitors. She added that the county has had little say in the $80 million project so far.
“The county hasn't been involved in the project in at least five years, and it's been under NEPA analysis for 18 years,” she said.
Commissioners claim that in October last year, the Glenwood Springs City Council said it would submit a 1041, but it still hasn’t. Without it, county commissioners say they will file an injunction against the municipality.
Garfield County commissioners unanimously voted last week to send a letter to the city urging it to file the application. Commissioner Perry Will said the letter will emphasize how the city’s inaction would damage its relationship with the county.
“The county will settle for imminent irreparable harm for your refusal to submit a 1041 application on the South Bridge project,” Will said. “Please reconsider your position so you are not forced into a situation where we have to seek relief.”
The city met in an executive session on April 16 to discuss the South Bridge Project. In an email to Aspen Public Radio on Tuesday, city staff said that Glenwood Springs sent a letter to the county stating that it would file an internal Location and Extent application for the South Bridge project, instead of a 1041.
“An L&E checks for conformity with the county's comprehensive plan, which considers land use, transportation, economics, agriculture, water, natural resources, habitat and wildlife,” the email stated.
In its letter to the county, city staff noted that both CDOT and Glenwood Springs have determined the county does not have 1041 jurisdiction under state law.
Staff added that the potential impacts of the South Bridge project have been examined and evaluated as part of the NEPA process, which has been reaffirmed multiple times and ensures that all environmental impacts and mitigation are accounted for.
“As residents of Garfield County, we have an express interest in ensuring that this project successfully supports the health, safety and welfare of the people and environment of Garfield County,” said Bryana Starbuck, the communications and engagement officer for the Glenwood Springs. “As such, we will continue to adhere to relevant jurisdiction and processes.”
