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HomeMy WebLinkAboutR92-053 1041 for Cordillera Developmentt ' yI 01 '.'r _TDHNNE TT, PHIi L_TFS EAR LLF L.L7CINT }` C'.LER c,_ COLOR f`0 {, 00 . "'. 1 0C Commissioner G4_r cys moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 92 - r j 3 APPROVAL OF PERMIT TO CONSTRUCT MAJOR NEW DOMESTIC WATER SYSTEM to serve the CORDILLERA DEVELOPMENT, IN ACCORDANCE WITH SECTIONS 6.03 and 6.05, EAGLE COUNTY ADMINISTRATIVE REGULATIONS File No. 1041 - 015 -91 WHEREAS, the Board of County Commissioners, in its capacity as the Eagle County Permit Authority, together with the Eagle and Colorado Valley Planning Commission, conducted a joint public hearing on December 17, 1991, after publication and notice as required by law, to consider an application submitted by Kensington Land Investment Partners ("Applicant") to conduct the following activity of state interest: 6.03 Site selection and construction of major new domestic water system. 6.05 Efficient utilization of municipal and industrial water projects. (hereinafter referred to as the "Application "); and WHEREAS, the matter was tabled to January 7, 1992, at which time the Permit Authority considered all the evidence, exhibits and arguments presented, including comments from the Office of the State Engineer, the Colorado Geological Survey, the Colorado Department of Health, and the Colorado Division of Wildlife. WHEREFORE, based on the evidence presented at the hearing, the Permit Authority makes the following findings with regard to the Application: With regard to Section 6.03.15 1. The construction of the major domestic water system proposed by the Application constitutes an efficient utilization of municipal and industrial water. The proposed Cordillera Water Supply system was chosen after evaluating connection with the Lake -Creek Meadows and the Edwards Metropolitan District. These connections were determined not be desirable compared to the proposed option, which wili utilize the existing Cordillera water system. 2. The proposed development does not conflict with the Eagle County master Plan, the Edwards Sub-Area Master Plan, or other applicable Regional, State or Federal land use or water plan. 3. The proposed development does not adversely affect either surface or subsurface water rights of upstream or down- stream users. 4. Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational needs. 5. The existing Cordillera water system that services the area is not capable of being expanded to serve the proposed Cordillera II development. The Lake Creek Meadow water system is at or near operational capacity, and the state of repair and level of treatment is deficient to serve the proposed development. 6. The scope and nature of the proposed development will not compete with existing water services or create duplicate services. 7. Area and community development and population trends demonstrate clearly a need for such development. 8. Easements can be obtained for the associated distribu- tion system that will serve existing and proposed needs. 9. The benefits of the proposed development outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the proposed development. 10. The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commis- sion as established on May 22, 1979, and effective July 10, 1979, or ore stringent standards subsequently adopted. 11. The proposed development or its associated distribution system or new service areas will not violate Federal or State air quality standards. 12. No evidence was presented that would indicate that the proposed development or its associated distribution system will significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic, historic -2- or archaeological importance. these areas will be done at the sensitive areas. site specific identification of time of construction to avoid 13. The proposed development or its associated distribution system will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors. 14. The proposed development or its associated distribution systems are being privately funded by the developer and therefore will not create an undue financial burden on existing or future residents within the development area and the source development area. 15. The construction of structures, buildings and improve- ments associated with the proposed development will not signif- icantly impact existing or proposed communities within the development area and source development area. 16. The development site for the major new domestic water system is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rockslides or other disasters which could cause a system operational breakdown. With regard to Section 6.05.15: 1. The need for the proposed water supply system can be substantiated. 2. The proposed development does not conflict with the Eagle county master Plan, the Edwards sub-area Plan, or other applicable Regional, State or Federal land use or water plan. 3. The proposed project will emphasize efficient use of water if the staff recommendations are implemented. The poten- tial to pollute aquifer recharge areas was not identified as a potential problem. A detailed study was performed demonstrating that beneficial re-use of wastewater is not feasible. 4. Provisions have been proposed to insure that the proposed water project will not contaminate surface water resources. 5. The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health, by constructing a surface water treatment plant. 6. If staff recommendations are implemented, the proposed development will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical -3- wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door recreation areas, and unique areas of geologic, historic or archaeological importance. 7. The construction of structures, buildings and improve- ments associated with the proposed development will not signif- icantly impact existing or proposed communities within the development area and source development area. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, acting as the Permit Authority: THAT, the site selection for the proposed construction of the water system is approved. THAT, the permit to construct the proposed new water system is approved, subject to the following conditions: 1. The water tanks shall be as unobtrusive as possible, using buried structures where feasible, and screening with land- scaping for tanks that are only partially buried. The pump stations shall be constructed of neutral colors and landscaped or buried. 2. The water treatment plant shall be located to minimize encroachment into the wildlife migration corridor. 3. A water conservation plan shall be prepared and ap- proved by the Environmental Health officer prior to issuance of a Temporary Certificate of occupancy for any dwelling unit to be served by the water system. 4. Water line location shall be routed to avoid environ- mentally sensitive areas, such as wetlands and critical wildlife habitat. 5. All construction activities located within elk or deer winter range or winter concentration areas shall be constructed between March 15 and December 15 of each construction year. All construction activities located within wildlife movement cor- ridors shall avoid the intervals from November 20 to December 15, and March 20 to May 20 of each year. 6. An engineer's estimate for revegetation of the dis- turbed areas and construction of detention ponds shall be in- cluded in the collateral estimates for construction of the water supply system. -4- 7. Cost estimates for construction of the water supply system shall be prepared by a Registered Professional Engineer and submitted for use in establishing collateral requirements. The water supply system can be collateralized based on the proposed phasing plan. 8. All disturbed areas shall be reclaimed to prevent soil erosion. Both temporary and long-term erosion control shall be implemented. Cost estimates for erosion control shall be pre- pared by a Registered Professional Engineer and submitted for inclusion in a "Construction Improvements Agreement" prior to construction. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County off, Eagle, State of Colorado, at its regular meeting held the day of 7?yj &,e 1992; nunc pro tunc January 7, 1992. ATTEST: COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By:aL By: 1 6 (Olerk to the Bo d of Richard L. Gustafson, Chairman County Commissioners George JV. Gates, Commissioner Donal H. welt Commis oner M-C Commissioner " L' 41 ' seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates Commissioner Richard L. Gustafson Commissioner Donald H. Welch This Resolution passed by 2 vote of the Board of County Commissioners of th y of Eagle, State of Colorado. 87-81 0 M-