HomeMy WebLinkAboutR95-111 permit to construct Game Creek Club Water and Sewer Facilities. - Commissioner moved adoption of the ollo~- nq Resolut on: BOARD OF COO~i'1'Y COIdMIB8IOI~TERB COIINTY OF $AaLE, BTATB OF COLORADO RESOLUTION ~i0. 95 - ~~~ • APPROVAL OF PERMIT TO CONSTRUCT GAME CREEK CLUB WATER & SEWER FACILITIES, IN ACCORDANCE WITH SECTION 6.04 & 6.05, -~ EAGLE COUNTY ADMINISTRATIVE REGULATIONS .~ _ ~ _ j~ File No. 1041-033-95 WHEREAS, the Board of County Commissioners, in its capacity as the Eagle County Permit Authority conducted a public hearing on August 15, 1995, after publication and notice as required by law, to consider an application submitted by Vail Associates, Inc: ("Applicant") to conduct the following activities of state interest: "Maior Extension of Existing Water and Sewage Treatment System and for Efficient Utilization of Municipal and Indus- trial Water Projects." (hereinafter referred to as the "Application"); and WHEREAS, the Board of County Commissioners considered all the evidence, exhibits and arguments presented, including the recommendation of the Planning Commission, comments from the Northwest Colorado Council of Governments, the Colorado Division of Wildlife, the Office of the State Engineer, the~Colorado Department of Health-Water Quality Control Division, The Colorado Geologic Survey, the Upper Eagle Valley Consolidated Sanitation District and The Vail Valley Consolidated Water District. WHEREFORE, based on the application submitted and the evidence presented at the hearing, the Permit Authority makes the following findings in accordance with Section 6.04:15 and 6.05.15 of the Eagle County Land Use Regulations: a. If approved as proposed, the development will properly ~` utilize the existing Upper Eagle Valley Consolidated Sanita- tion Districts sewage treatment facilities and the Vail ~ Valley Consolidated Water District Facilities. ZJ b. The proposed development does not conflict with the Eagle County Master Plan, the Town of Vail Comprehensive Plan, 208 Plan or other Federal land use or water plans. 1 570840 B-674 P-825 08/30/95 10:31A PG 1 OF 6 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 Commissioner moved adoption of t e follov~inq Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLIITION NO. 95 - ~~'~ APPROVAL OF PERMIT TO CONSTRUCT GAME CREEK CLUB WATER & SEWER FACILITIES, IN ACCORDANCE WITH SECTION 6.04 & 6.05,' EAGLE COUNTY ADMINISTRATIVE REGULATIONS File No. 1041-033-95 WHEREAS, the Board of County Commissioners, in its capacity as the Eagle County Permit Authority conducted a public hearing on August 15, 1995, after publication and notice as required by law, to consider an application submitted by Vail Associates, Inc. ("Applicant") to conduct the following activities of state interest: "Maior Extension of Existing Water and Sewacte Treatment System and for Efficient Utilization of Municipal and Indus- trial Water Projects." (hereinafter referred to as the "Application"); and WHEREAS, the Board of County Commissioners considered all the evidence, exhibits and arguments presented, including the recommendation of the Planning Commission, comments from the Northwest Colorado Council of Governments, the Colorado Division of Wildlife, the Office of the State Engineer, the Colorado Department of Health-Water Quality Control Division, The Colorado Geologic Survey, the Upper Eagle Valley Consolidated Sanitation District and The Vail Valley Consolidated Water District. WHEREFORE, based on the application submitted and the •evidence presented at the hearing, the Permit Authority makes the following findings in accordance with Section 6.04.15 and 6.05.15 of the Eagle County Land Use Regulations: a. If approved as proposed, the development will properly utilize the existing Upper Eagle Valley Consolidated Sanita- tion Districts sewage treatment facilities and the Vail Valley Consolidated Water District Facilities. b. The proposed development does not conflict with the Eagle County Master Plan, the Town of Vail Comprehensive Plan, 208 Plan or other Federal land use or water plans. 1 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 available for efficient operation- al needs. e. Not applicable, This is not a request for a new water treat- ment system. f. Not applicable, This is not a request 'for a new wastewater treatment system. _ g. This proposal will not duplicate existing services but will utilize existing water and sewage services. h. Not Applicable i. Area and community development and population trends demon- strate clearly a need for proposed development. j. Not applicable. k. Appropriate easements can be obtained for the proposed line extensions proposed. 1. The benefits of the proposed project outweigh the losses of any natural resources or agricultural lands rendered un- available 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. 2 p. The proposed development will not signi~icantly 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. q. The proposed development will be privately financed and maintained and will not create an undue financial burden on existing or future residents within the development area and the source development area. r. The development site of the proposed major extension of~an existing sewage treatment system is not subject to signifi- cant 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 treatment and distribution system is capable of providing water meeting the require- ments of the Colorado Department of Health. 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. In accordance with Section 6.05.15 of the Eagle County Land Use Regulations: a. The need for the proposed water supply and sewage collection systems can be substantiated based on Vail Mountain historic growth rates and an expected growth rate of 2 to 3 percent per year. ' b. Based on the application submitted and comments received, the proposed development does not conflict with The Eagle County Master Plan, the Vail Land Use Plan, the Regional 208 Plan, the Vail Mister Development Plan, and the Land and Resource Management Plan for the White River National For- est. c. The proposed project will emphasize efficient use of water through metering and financial incentives due to pumping costs and user fees. The potential to pollute aquifer recharge areas will be minimized due to the decommissioning of existing on site wastewater disposal systems. d. Provisions have been proposed to control sedimentation and erosion to insure that the proposed project will not contam- inate surface water resources. 3 e. The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health. f. The project does not propose to divert water from the source development area. 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, an_d unique areas, and unique areas. of geologic, historic or archaeological importance. h. NOT APPLICABLE i. 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. The Special Use Permit, Resolution 95-71, approving the first phase of the Game Creek Club included conditions which are applicable. This 1041 permit is necessary in order for any future phases to be considered through the special use permit amendment process. 4 N'OW, THEREFORE, BE IT RESOLVED BY THE Bvr,RD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the permit to construct the Game Creek Club Water & Sewer Facilities as described in the application dated April 24, 1995 in accordance with the Eagle County Administrative Regula- tions, Section 6.04, "Major Extensions of Existing Domestic Sewage Treatment Systems" and 6.05 "Efficient Utilization of Municipal and Industrial Water Projects, be approved with the following condition: 1. Revegetation consistent with the Vail Associates, inc. Revegetation Plan as required by the United States Forest Service for the permitted areas of Vail Mountain. 2. All material representations made by the Applicant in the application and public meeting shall be adhered to and considered conditions of approval, unless otherwise amended. 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 Count of Eagle, State of Colorado, at its regular meeting held the .day of _~~~~~~,.~ , 1995; nuns pro tuns August 15, 1995. ~~ 4 ~~ ~ :~,~- ~~. COUNTY OF EAGLE, STATE OF ~ ~~r ~~ ` COLORADO, by and Through Its ~~r ~4 s BO COUNTY COMMISSIONERS ATTEST: By : ~_ By . ~ . C er to the oard of es E. n, , County Commissioners airman George~/A. Gates, ~omm ~ssioner ~, e , ~„ ~ohnnette Phillips, Commissioner 5 Commissioner ~ ~ secon~ed adoption of the foregoing resolution. The ro 1 having been called, the vote was as follows: Commissioner Phillips CL„~~,., Commissioner Gates ~,~ __ Commissioner Johnson This Resolution passed by ~ -(~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. f:\docs\1041033.res 6