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HomeMy WebLinkAboutR95-041 1041 for Homestead Filing 2tt L i Commissioner moved adopt- � of the following Resolution: d BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 95 - �L / co Cn APPROVAL OF PERMIT TO CONSTRUCT EXTENSIONS to the I °' UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT WASTEWATER "' COLLECTION SYSTEM TO SERVE THE HOMESTEAD FILING #2 CA File Number 1041 - 95 WHEREAS, WARNER DEVELOPMENTS INC. ( :eiei;.after "Applicant ") , a, submitted to the Eagle County'Department of Community Development "' an application to extend the existing wastewater collection facilities to serve The Homestead Filing 2; and ro _ WHEREAS, the Eagle and Colorado Valley Planning Commission �o conducted - a public hearing on March 15, 1995, after publication o4 and notice as required by law, to consider Applicant's request to conduct the following activities of state interest: 0 co • n� 6.04: Major extension of existing sewage treatment system. o co r+ M WHEREAS, the Board of County Commissioners ( "the Board "), in � its capacity as the Eagle County Permit Authority, conducted a n `" public hearing on March 28, 1995, to consider the Application; � and o � b WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence, exhibits and arguments presented at m► and prior to the hearings'. 0 0 WHEREFORE, based on the evidence presented, the Permit P. y Milli Authority makes the following findings with regard to the Appli- cation as it pertains to Section 6.04 of the County Land Use Regulations FINDINGS: In accordance with Section 6.04.15 of the Eagle County Land Use Regulations. a. This is not a proposal for a "new domestic water and. sewage on treatment system" however, the development will utilize the o existing Squaw Creek sewage treatment plant. b.- The proposed development does not conflict with the Eagle o County Master Plan, the Edwards Sub -Area Plan, to the extent applicable or other applicable Regional, State or Federal land use or water plans if the conditions are implemented. CO The proposed evelopment will not adversely affect either surface or subsurface water rights of upstream or downstream users. d. Not Applicable e. Not Applicable, this is not a proposal for a new system. f. Not Applicable. g. The proposed development is making the most efficient use of existing water and sewage services. h. Not applicable, this is not a proposal to replace an exist- ing water or sewage systems. i. Area and community development and population trends demon- strate clearly a need for additional housing and associated water supply and wastewater collection and treatment. j. This is not an application to construct a "new domestic sewage treatment facility," therefore, this criteria is not applicable. k. Appropriate easements have been obtained. 1. The benefits of the proposed development and associated water and sewer systems outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the project. M. The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commission as established on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted if non -point source water pollution control tech- niques are properly implemented. n. The proposed development and its associated collector system will not violate Federal or State air quality standards. o. The proposed development will not 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 or archaeological importance if the construction is in accor- dance with the application submitted and the staff recommen- dations are implemented. 00, J X , P_ The proposed - evelopment will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors if the construction is in accordance with the application submitted and the staff recommendations are implemented. q. The proposed development will not create an undue financial burden on existing or future residents within the develop- ment area and the source development area. r. The proposed major extension of an existing sewage collec- tion system is not subject to significant risk from earth- quakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown. S. Not Applicable t. The construction of structures, buildings, and improvements associated with the proposed development will not signifi- cantly 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 permit to construct an extension of the Upper Eagle Valley Consolidated Sanitation District to serve The Homestead Filing #2 (File No. 1041- 030 -95) is granted to the Applicant, Warner Developments Inc., subject to the following conditions: 1. All construction activities located within elk winter con- centration area or severe winter range shall be initiated after March 15 and end prior to December 15 of each con- struction year. 2. All construction staging areas shall be designed to contain incidental and accidental fuel and lubricant spills. THAT, the Board of County Commissioners directs the Depart- ment of Community Development to provide a copy of this Resolu- tion to the Applicant. 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. c 6 C/ MOVED, READ D ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of I 1995; nunc pro tunc March 28, 1995. ATTEST: r Clerk to the Soard o County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS By: E. Joh , Jr. man George A. Gates, Commissioner f / w r Jp1hette Phillips, Commissifner Commissioner Lj 2x,pp - n _ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner James E. Johnson, Jr. Commissioner George A. Gates Commissioner Johnette Phillips This Resolution passed by a - 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. e ' 4