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HomeMy WebLinkAboutR88-104 Application of VA to Amend 1041 permitj 4 Commissioner 041 5% )} F-5'8 r( moved adoption of the following Resolution: RESOLUTION NO. 88 - 10� IN RE THE APPLICATION OF VAIL ASSOCIATES, INC., TO AMEND THEIR 1041 PERMIT WHEREAS, Vail Associates, Inc., ( "Applicant "), has sought to amend the Permit regarding Areas and Activities of State Interest approved by the Board of County Commissioners of Eagle County on or about July 18, 1988, (Resolution No. 88 -62) because the wells approved for that Permit did not have sufficient capacity to supply the water as proposed in that application, and therefore another water source was necessary; and WHEREAS, The Eagle County Planning Commission has conducted joint public hearings with the Board of.County Commissioners on October 3, 1988, after publication and notice as required by law, to consider an application to amend the 1041 previously granted to Applicant on or about July 18, 1988; and WHEREAS, the Eagle County Planning Commission has unanimously recommended approval of the permit amendment, and has considered all the evidence, exhibits and arguments presented concerning: H.B. PERMITS A. Major extension of an existing water collection system; and B. Efficient utilization of a municipal and industrial water project. (the above applications hereinafter being collectively referred to as the "Application "); and WHEREAS, the Planning Commission has considered all the evidence, exhibits and arguments presented; and WHEREAS, no other person applied for party status or presented evidence in opposition to the Applicant. NOW, THEREFORE, based on the evidence presented at the hearings, the Permit Authority makes the following findings with regard to the Application in accordance with the requirements and criteria set forth at the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," which are environmental regulations and land use regulations adopted pursuant to authority of Section 24- 65.1 -101, C.R.S. The "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado," are codified in Chapter 6 of the Eagle County Land Use Regulations, there being no separate environmental code. A. Section 6.04, Eagle County Land Use Regulations. The Board of County Commissioners of Eagle County finds as follows relative to Section 6.04, that the project complies with all applicable criteria of Section 6.04.15 and the project's benefits outweigh the detriments. There are no significant water quality impacts. There are no measurable affects to any wetlands by the project. B. Section 6.05, Eagle County Land Use Regulations. The Board of County Commissioners of Eagle County finds as follows relative to Section 6.05, that the project complies with all applicable criteria of Section 6.05.15 and the project's benefits outweigh the detriments. There are no significant water quality impacts. There are no measurable affects to any wetlands by the project. C. H.B. 1041 Permits - Conditions. Based upon the evidence presented at the hearing, the Board of County Commissioners of Eagle County approves the application as submitted, with the following conditions imposed with the project as proposed by the Applicants: 1. Hydrological pump tests of the wells and water quality tests must be completed for the well water supply if it is used and shall be submitted to Eagle County to insure adequate quantity and quality of water for the Far East Restaurant. 2. The Applicant shall retain the services of a soils engineer to test and evaluate the pump house site before any construction. The pump house shall be built in the manner recommended by the soils engineer. 3. Sediment and erosion control techniques are to be provided as outlined in the Vail Mountain Expansion Plan. in areas within 100' of flowing streams, sediment ponds and filter fabric fences or straw bales must be provided to control sediment and silt, unless shown to be unnecessary to the satisfaction of the Eagle County Department of Community Development. -2- l 4. There shall be annual monitoring done by Applicant in wet areas from Plow Spring to Mill Creek where wet areas exist (even if artificially created) to insure that such wet areas are not affected by pumping of water from Plow Spring. In the event that it appears the vegetation of said areas might become affected, Applicant shall appear before the County Board of Commissioners of Eagle County, to propose alternatives and \or mitigation in order to preserve the wet areas. Reports of annual monitoring, which shall include photographs, shall be prepared by a plant ecologist, and shall be filed with the Department of Community Development no later than September 15, 1989 and before September 15 of each following year, until 1994, at which time the Board shall review need for the continuation of the report. Should the report indicate damage or deterioration, the Board will schedule and conduct a public hearing to determine appropriate mitigation; the Applicant will then provide appropriate mitigation. 5. Applicant shall comply with and follow recommendations provided by the Colorado Department of Health, and the Colorado Geological Survey. 6. Conditions 2 and 3 of the original permit should remain in full force and effect. -3- MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, in its capacity as the Eagle County Permit Authority, at its regular meeting field the 1-1 day of (1) 1988. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: e- b —'-ejT George A. Gates, Chairman Donal H. Welch onmzssloner Commissioner �j J-�' Lt-- seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner George A. Gates —00-4;ieAr "" Commissioner Donald H. Welch Commissioner Richard L. Gustafson¢, This Resolution passed by `A, &" 0 vote of the Board of County Commissioners of the County oo Eager State of Colorado.