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Home My WebLink AboutR94-155 approval of permit for water pipline for Vail Associates,6[0 commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Al RESOLIITION NO. 94 - Z ;fj . r APPROVAL OF PERMIT FOR CONSTRUCTION OF WATER PIPELINE (Snowmaking Pipeline, Stage II) File No. 1041-024 -94 WHEREAS, on March 15, 1994, The Eagle and Colorado Valley Planning Commission ccr K _;,e appi ration of Vail Associates, Inc. (hereinafter "Applicant ") - and recommended (Tj approval - to conduct the following activity of state interest! P J 6.05: Efficient utilization of municipal and industrial water project Said application seeks approval to construct (i) a system to deliver water from an existing well on the Arkansas River to the East Fork of the Eagle River and (ii) Stage II of a pipeline to be used for the purpose of conveying water to the Vail Ski Area for snowmaking during the winter ski season. The project is designed to move water from a diversion point near the confluence of Gore Creek and the Eagle River to the existing Vail Mountain snowmaking raw water intake located on Gore Creek. In addition, the existing facilities at Beaver Creek would be upgraded as described in the permit application. WHEREAS, the Application also requests a waiver of a Special Use Permit for the above- described project. WHEREAS, The Board of County Commissioners of Eagle County, in its capacity as the Eagle Coi Permit Authority ( "Permit Authority "), conducted a public hearing on March 29, 1994, 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 Department of Transportation and the Colorado Geologic Survey and other referral agencies, and the recommenda- tion of the Planning Commission. WHEREFORE, the Permit Authority makes the following findings with regard to the Application as it pertains to Section 6.05.15 of the County Administrative Regulations: 548899 B -652 P -862 10/19/94 02:37P PG 1 OF 5 REC DOC Sara J. Fisher Eagle County Clerk & Recoraer 0.00 � 1. The need for the proposed water project can be substan- tiated based on historic growth rates and an expected growth rate of two- to three- percent per year. Tourism and the skiing industry are the cornerstones of the Eagle County economy. During recent years, skiing and related economic activity in Eagle County has accounted for an estimated 80 % of employment, 80 % of personal income, 88 % of retail sales and 85 % of housing construction (Colorado Ski Country USA 1989). 2. The proposed development does not conflict with the Eagle County Master Plan, the Vail Land Use Plan, the Regional 208 Plan, the Vail Master Development Plan, and the Land and Resource Management Plan for the White River National Forest. 3. The proposed project will emphasize efficient use of water through metering and financial incentives due to pumping costs and as further described in the application. The potential to pollute aquifer recharge areas will be minimized by a specific reclamation plan. 4. Provisions have been proposed to control sedimentation and erosion to insure that the proposed water project will not contaminate surface water resources. 5. The requirement that the proposed water project be capable of providing water pursuant to standards of the Colorado Department of Health is not applicable to this permit. 6. The quality of peripheral or downstream surface water resources will not be appreciably degraded as a result of this project: In addition, Stage II does not propose to divert water from the source development area. 7. The proposed development will not significantly deteri- orate 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 outdoor recreation areas, and unique areas of geologic, historic or archaeological impor- tance, if mitigation is implemented in accordance with the application submitted and the staff recommendations are imple- mented. 8. Salinity and advanced wastewater treatment offset plans are not applicable to this permit. -2- 9. 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 if mitigation is implemented in accordance with the application submitted and the staff recommendations are implemented. In addition, the Permit Authority finds that waiver of the Special Use Permit requirements as provided for in Section 2.09.04(3)(c)(1)(2) is appropriate, based on a determination that requiring a Special Use Permit in addition to the permit required under 6.04 of the Eagle County Administrative Regulations would serve no further legitimate planning, zoning or other land use objective. 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, pursuant a system to deliver water from the Arkansas of the Eagle River and to construct Stage II convey water to the Vail Mountain Snowmaking Gore Creek and to the Beaver Creek Ski Area, proved, subject to the following conditions: to the application, cell to the East Fork of a pipeline to raw water intake on be and is hereby ap- 1. Vail Associates has requested of the appropriate governmental authorities and the parties in charge of monitoring water quality at the Eagle Mine that it be notified of any spill, unauthorized discharge or unau- thorized event that could result in a material contami- nation of the Eagle River at or upstream of Vail Assoc- iates' Eagle River snowmaking point of diversion for Vail Mountain (the "Point of Diversion "). Upon (i) any type of notification by the Eagle Mine to Vail Associ- ates, Inc. of such a spill, discharge or event, or (ii) if Vail Associates has actual knowledge of a spill, discharge or event, that could result in a material contamination of the Eagle River at or upstream of the Point of Diversion, representatives of Vail Associates, Y Inc. shall immediately notify the Eagle County Environ- mental Health Manager or County Attorney. Upon such notification to Eagle County, Vail Associates shall immediately collect a sample of water diverted at the point of diversion and initiate consultation with Eagle County regarding the impacts of further smowmaking diversions. The results from analysis of the Eagle River water diverted at the Point of Diversion shall be made available to the County within 72 hours of the time of sample collection. Vail Associates may, at its own risk, continue snowmaking diversion during the -3- period of sample analysis and consultation with the County. If Eagle County finds that continuation of snowmaking diversions at the Point of Diversion would result in the exceedance of water quality standards in Gore Creek during the ensuing spring runoff, the Permit Authority may order Vail Associates to discontinue such diversions at the Point of Diversion (i) until such time as a hearing can be held and a determination made by the Permit Authority, or (ii) until water quality improves in the Eagle River at the Point of Diversion sufficiently to minimize the risk of such exceedances. Any hearing must be held within 48 hours (excluding Sundays) of the delivery of the sample analysis to the County. In the event the Permit Authority cannot conduct a hearing within such 48 hour period, it shall appoint a hearing officer to conduct such a hearing within the 48 hour period. Vail Associates may appeal any decision of the hearing officer to the Permit Authority, and any decision of the Permit authority to the appropriate court. 2. The applicant shall prepare a non -point source water quality control plan incorporating best management practices for the portions of Vail Mountain that drain directly or indirectly into Gore Creek. The draft plan shall be routed to the Town of Vail, Northwest Colorado Council of Governments and Eagle County for comment. An annual implementation schedule, including updated best management practices, shall be submitted to Eagle County and the Town of Vail by March 1st of each year that snow making diversions occur. 3. Eagle River disturbance for construction of the infil- tration gallery must be coordinated with the Division of Wildlife to assure avoidance of unnecessary impacts to aquatic life. 4. Data from the water quality monitoring program must be forwarded to the Colorado Department of Health, Water Quality Control Division and Eagle County. THAT, Applicant is not required to obtain a Special Use Permit for this project. -4- MOVED, READ AND ADOPTED by the Board of County Commissioners (as the Permit Authority) of the County of Eagle, State of Co orado, at its regular meeting held the Z day of 1993; nunc pro tunc March 29, 1994. or 24 COUNTY OF EAGLE, STATE OF ATTEST: COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS �0 By: C erk to the Board of County Commissioners p ohnnette s Phillips, Cha rman George trl Gates, Commissioner James E. Johnson, Jr., Commissioner Commissioner 6 r7— going resolution. The T�heroll having follows: Commissioner Gates Commissioner Phillips Commissioner Johnson seconded adoption of the fore - been called, the vote was as This Resolution passed by a —(2 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. c - dev \1041 \snowmake.024 C&C