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Home My WebLink AboutR94-083 amendment to permit 1041-009-90 dowds junction waterline interconnection1 Commissioner moved adoption of the followin Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 94 - g-} APPROVAL of AMENDMENT of PERMIT 1041- 009 -90 and 1041 - 022 -93 TO ALLOW CONSTRUCTION of EXTENSION to WATER PIPELINE (Dowds Junction Waterline Interconnection) File No. 1041- 025 -94 WHEREAS, on Apri1.20, 1994, The Eagle and Colorado Valley Planning Commission considered the application of Vail Valley Consolidated Water District (hereinafter "Applicant ") - and ' recommended 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 Applicant is requesting an "amendment" to an existing permit (1041- 009 -90), as amended by permit (1041 - 022 -93). Said applica- tion seeks approval to construct Stage II of an extension of a 12 inch domestic waterline between West Vail and Eagle Vail. 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 April 25, 1994, after publication and notice as required by law, to consider said application; and , the Colorado Department of Transportation, the Colorado Geologic Survey and other referral agencies, and the recommendation of the Planning Commission. WHEREAS, the Permit Authority has considered all the evi- dence, exhibits and arguments presented as well as comments of 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: 538911 B -642 P -864 06/15/94 01:08P PG 1 OF 6 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 In accordance with Section 6.04.15 County Land Use Regulations and as the application for Stage II, Vail nection Water Main. In addition, of the Special Use Permit granted and 6.05.15 of the Eagle more specifically described in Valley /Upper Eagle Intercon- the County acknowledges waiver on May 22, 1990. a. This is not a proposal for a and sewage treatment system" as proposed, the development existing UERWA water treatme the Vail Valley Consolidated tem. "new domestic water however, if approved will utilize the it plant in Avon and Water District Sys- 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 up- stream or downstream users. d. Adequate water supplies, as determined by the Colorado Department of Health, are currently avai- lable and will continue to be available for effi- cient operational needs; e. The proposed development will improve the effi- ciency 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 utilize existing water treatment and distri- bution lines, improve the efficiency and reliabil- ity of the existing domestic water supply systems. h. Not applicable, this is not a proposal to replace an existing water or sewage systems. i. Area and community development and population trends clearly demonstrate a need for this domes- tic water supply interconnection. j. This is not an application to construct a "new domestic sewage treatment facility," therefore, this criteria is not applicable. -2- k. Appropriate easements can be negotiations or condemnation water lines proposed in this obtained through for the associated application. 1. The benefits of the proposed domestic water line interconnection outweigh the losses of any natural resources or agricultural lands rendered unavail- able as a result of the project. M. The proposed development will not decrease the quality of peripheral downstream surface or sub- surface water resources below that designated by Colorado Water Quality Control Commission as es- tablished on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted if the construction is in accordance with the application submitted and the staff recommen- dations are implemented. n. The proposed development will not violate Federal or State air quality standards. The proposed development will not significantly deteriorate aquatic habitats, marshlands and wetl- ands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, criti- cal 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 accordance with the application submitted and the staff recommenda- tions 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 imple- mented. q. The proposed development will not create an undue financial burden on existing or future residents within the development area and the source devel- opment area. Funding for the interconnecting water main will be provided by the WCWD and the UERWA from existing cash reserves. r. The development site of the proposed major exten- sion of an existing water supply and sewage treat- ment system is not subject to significant risk -3- � Y from earthquakes, floods, fires, snowslides, land- slides, 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 require- ments of the Colorado Department of Health; t. The construction of improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area. In accordance with Section 6.05.15, approval of Permit Application: a. The need for the proposed water supply system can be substantiated based on historic growth rates. b. The proposed development does not conflict with The Eagle County Master Plan, the Edwards Sub -Area Plan, to the extent applicable or other applicable 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 identified as a potential problem. d. Provisions have been proposed to insure that the proposed water project will not contaminate sur- face water resources; e. The proposed water project is capable of providing water pursuant to standards of the Colorado De- partment of Health; f. NOT APPLICABLE g. The proposed development will not significantly deteriorate aquatic habitats, marshlands and wetl- ands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, criti- cal 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 recommenda- tions are implemented. -4- ? j h. NOT APPLICABLE i. The construction of structures, buildings and improvements associated with the proposed develop- ment will not significantly impact existing or proposed communities within the development area and source development area if the staff recommen- dations 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 Stage II of an extension of a domestic waterline between West Vail and Eagle -Vail be and is hereby approved, subject to the following conditions: 1. Compliance with Section 404 of the Clean Water Act. 2. Compliance with the Colorado Department of Trans- portation utility permit which includes erosion control. 3. All disturbed areas shall be reclaimed to prevent soil erosion. Both temporary and long term ero- sion control shall be implemented. 4. The applicant shall require a sufficient perfor- mance bond from the contractor to insure comple- tion of the reclamation and provide notice to Eagle County that the bond is in place. 5. All construction staging area shall be designed to contain incidental and accidental fuel and lubri- cant spills. -5- MOVED, READ AND ADOPTED by the Board (as the Permit Authority) of the County o Colorado, at its regular meeting held the 7�P , 1993; nunc pro tunc April AT .i C - ✓ �!r rte,/ r�7' By Clerk to the Board of County Commissioners of County Commissioners f Eagle, State of day of 25, 1994. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ohnnette Phillips, ChaiVban GeorgeA . Gates, Commissioner James E. Johnson, Commissioner Commissioner going resolution. The'roll having follows: Commissioner Gates Commissioner Phillips Commissioner Johnson seconded adoption of the fore - been called, the vote was as 9 i i �n7 This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. c -dev \1041 \vvcwdIIext.025 cm