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Home My WebLink AboutR95-077 approval of permit 1041-032-95 upper eagle Commissioner ~ ~~ moved adoption of the following R solu~ion: BOARD OF COIINTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLOTION NO. 95 - ~~ APPROVAL of PERMIT 1041-032-95 CONSTRUCTION OF THE EAGLE RIVER INTAKE TO SERVE THE UPPER EAGLE REGIONAL WATER AUTHORITY AVON WATER TREATMENT PLANT File No. 1041-032-95 WHEREAS, on June 7, 1995, The Eagle and Colorado Valley Planning Commission considered the application of The Upper Eagle Regional Water Authority (hereinafter "Applicant") - and recom- mended approval --to conduct the following activities of state interest: 6.04: Major extension of an existing domestic water system. 6.05: Efficient utilization of municipal water project. Said application seeks approval to construct the Eagle River intake associated with the expansion of the Avon Water Treatment Plant. WHEREAS, The Board of County Commissioners of Eagle County, in its capacity as the Eagle County Permit Authority ("Permit Authority"), conducted a public hearing on June 20, 1995, after publication and notice as required by law, to consider said application; and WHEREAS, the Permit Authority has considered all the evi- dence, exhibits and arguments presented, as well as comments of the Colorado Division of Wildlife, the Colorado Geologic Survey and other referral agencies, and the recommendation of the Planning Commission. WHEREFORE, the Permit Authority makes the following findings with regard to the Application as it pertains to Section 6.04.15 of the County Administrative Regulations: In accordance with Section 6.04.15 and 6.05.15 of the Eagle County Land Use Regulations and as more specifically described in the application for Upper Eagle Regional Water Authority, Water Treatment Plant Expansion. In addition, the County hereby waives the special use permit requirements in accordance with 2.09.04(3)(c), finding that a special use permit would serve no further legitimate planning, zoning or other land use objective. 1 a. This is not a proposal for a "new domestic water and sewage treatment system" however, if approved as proposed, the development will utilize the existing UERWA water treatment plant in Avon. b. The proposed development does not conflict with the Eagle County_Master Plan or other applicable Regional, State or Federal land use or water plans. c. The proposed development will not adversely affect either surface or subsurface water rights of upstream or downstream users. d. Adequate water supplies, as determined by the Colorado Department of Health, are currently available and will continue to be available upon expansion of the water treat- ment plant for efficient operational needs; e. The proposed development will improve the efficiency and reliability of the existing domestic water supply systems. f. This is not an application to construct a "new domestic sewage treatment facility," therefore, this criteria is not applicable. g. The scope and nature of the proposed development will uti- lize existing water treatment and distribution lines, im- prove the efficiency and reliability of the existing domes- tic water supply systems. 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 clearly demonstrate a need for this domestic water supply intercon- nection. j. This is not an application to construct a "new domestic sewage treatment facility," therefore, this criteria is not applicable. k. Appropriate easements can be obtained through negotiations or condemnation for the associated water lines proposed in this application. 1. The benefits of the proposed water intake outweigh the losses of any natural resources or agricultural lands ren- dered unavailable as a result of the project. -2- 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 the construction is in accordance with the appli- cation_submitted and the staff recommendations are imple- mented. n. The proposed development 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. p. The proposed development 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. Funding for the water treatment plant expansion will be provided through the sell of bonds, increased water rates and tap fees. r. The development site of the proposed major extension of an existing water supply is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown. s. The proposed domestic water distribution system is capable of providing water meeting the requirements of the Colorado Department of Health; t. The construction of improvements associated with the pro- posed development will not significantly impact existing or proposed communities within the development area and source development area. -3- In accordance with Section 6.05.15, approval of Permit Applica- tion: a. The need for the proposed water supply system can be sub- stantiated based on historic growth rates in excess of 5~. b. The proposed development does not conflict with The Eagle County Master Plan, to the extent applicable or other appli- cable Regional, State or Federal land use or water plan. c. The proposed project will emphasize efficient use of water if the Districts' water conservation plan is revised as suggested in the staff condition and is implemented. The potential to pollute aquifer recharge areas was not identi- fied as a potential problem. d. Provisions have been proposed to insure that the proposed water project will not contaminate surface water resources; e. The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health; f. NOT APPLICABLE g. The proposed development will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public outdoor recreational areas, and unique areas, and unique areas of geologic, historic or archaeological importance if the staff recommendations are implemented. h. NOT APPLICABLE i. 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 if the staff recommendations are implemented. 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 the supply the Avon Water Treatment Plant subject to the following conditions: Eagle Rive Intake to be and is hereby approved, -4- 1. Submit a copy of the 404 permit showing compliance with the Clean Water Act prior to any construction in or adjacent to the Eagle River. 2. The applicant shall require a sufficient performance bond from the contractor to insure successful reclamation of all disturbed areas. Both temporary and long term erosion control shall be implemented. 3. All construction staging area shall be designed to contain incidental and accidental fuel and lubricant spills. 4. A water conservation plan for the Upper Eagle Regional Water Authority shall be submitted and approved by the Board of County Commissioners prior to January 1, 1996. 5. Coordinate with Colorado Division of Wildlife for building the diversion timing with spawning. MOVED, READ AND ADOPTED by the Board of County Commissioners (as the Permit Authority) of the County of Eagle, State of Col ado, at its regular meeting held the /lam, day of 1993; nunc pro tunc June 7, 1995. ~._ ATTEST Clerk to the~Board o County Commissioners ~~ ~ ~ J COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Commissioner seconded adoption of the fore- going resolution. The oll having been called, the vote was as follows: Commissioner Gates __~~ Commissioner Phillips ~~ Commissioner Johnson ~~,( ~- This Resolution passed by ~"'O vote of the Board of County Commissioners of the County of Eagle, State of Colorado. h:\common\sid\1041032.res -5- ~;vmmissioner