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HomeMy WebLinkAboutR94-156 approval of permit for Beaver Creek SnowmakingCommissioner pG� moved adoption of the following Res ution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE STATE OF COLORADO RESOLUTION NO. 94 - / 56 { APPROVAL OF PERMIT FOR SERVER CREEK SNOWMAKING RESERVOIR, PIPELINE AND PUMPING FACILITIES File No. 1041- 028 -94 WHEREAS, on SEPTEMBER 21, 1994, The Eagle and Colorado Valley Planning Commission considered the application of Vail Associates, Inc. (hereinafter "App ?.;_cant") - and recommended conditional approval - to conduct the following activity of state interest: t.05: Efficient utilization of municipal and industrial water project Said application seeks approval to construct a Snowmaking Reser- voir at Beaver Creek and the associated pipeline and pumping facilities to improve and expand snowmaking coverage in Beaver Creek and Arrowhead, as more specifically described in the permit application. WHEREAS, the Application also requests a waiver of a Special Use Permit for the abov ..e- described project. 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 October 4, 1994, after publication and notice as required by law, to consider said application; and WHEREAS, the Permit F,uthority has considered all the evi- dence, exhibits and argu7rents presented, as well as comments of the Northwest Colorado C(,uncil of Governments, 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 Fpplication as it pertains to Section 6.05.15 of the County Administrative Regulations: 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, N� 555205 B -659 P -175 01/11/95 04:18P PG 1 OF 5 REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 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 Regional 208 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, the project 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. 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. -2- 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 to the application, a snowmaking reservoir at Beaver Creek and associated pipeline and pumping facilities, be and is hereby approved, subject to the following conditions: 1. Vail Associates Inc. 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 Point of Diversion for the Beaver Creek, Bachelor Gulch and Arrowhead ski areas (the "Point of Diversion "). Upon (i) any type of notifica- tion by the Eagle Mine to Vail Associates, 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, Inc. shall immedi- ately notify the Eagle County Environmental 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 col- lection. Vail Associates may, at its own risk, contin- ue snowmaking diversions during the 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 exceedan ce of water quality standards in Beaver Creek and /or Bachelor 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 -3- 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 private lands on Beaver Creek and Arrowhead Mountain. An annual implementation schedule, including updated best management practices, shall be submitted to Eagle County by March 1st of each year that snow making diversions occur. 3. The water quality monitoring program included in the application shall be amended to include monitoring of water quality data being collected by the Upper Eagle Regional Water Authority at the Metcalf Ditch Raw Water Intake. Water quality reports shall be copied to the Colorado Department of Health, Water Quality Control Division and Eagle County. 4. The applicant is encouraged to secure additional aug- mentation water from outside the basin in order to better protect water quality and quantity during the projects operation. 5. The applicant agrees to discontinue use of the munici- pal water supply system for snowmaking at Beaver Creek and Arrowhead after water from this system becomes available. Treated domestic water shall not be used for snowmaking after November 1, 1995 without written approval of the Board of County Commissioners. 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 4 day of 199; nunc pro tunc October 4,'1994. Commissioner going resolut follows: Commissioner Gates Commissioner Phillips Commissioner Johnson Johnson This Resolution passed by l�j —� vote of the Board of County Commissioners of the County of Eagle, State of Colorado. '.. c - dev \1041 \snowmake.028 -5-