HomeMy WebLinkAboutR85-11 LUR amendments chapters 1-5302774
J01-01HET1'E PHILLIPS
EAGLE GTY, REDO ?DER
Commissioner / fE8 13
moved adoption
- -o-f the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 85- %/
A RESOLUTION READOPTING AND AMENDING
CHAPTERS 1 THROUGH 5, INCLUSIVE, OF THE
"GUIDELINES AND REGULATIONS FOR AREAS AND
ACTIVITIES OF STATE INTEREST OF THE COUNTY
OF EAGLE, STATE OF COLORADO ", RESOLUTION
NO. 80 -25, AS SPECIFICALLY AMENDED BY
RESOLUTION NOS. 80 -34 AND 84 -20,
RESPECTIVELY
2 43 PM °65
WHEREAS, the Board of County Commissioners of the
County of Eagle, State of Colorado ( "Board "), is authorized
pursuant to Article 65.1, Title 24 of the Colorado Revised
Statutes, to establish and designate certain areas and
activities of State interest; to adopt regulations and
guidelines to be used in connection with such designated
matters of State interest; to establish and designate a Local
Permit Authority to receive applications for development in or
conduct matters of State interest; and to exercise other powers
in connection therewith; and
WHEREAS, the Board, on April 14, 1980, pursuant to
Resolution No. 80 -25, established and designated the following
activities of State interest:
(a) Site selection and construction of major new domestic
water and sewage treatment systems;
(b) Major extensions of existing domestic water and
sewage treatment systems; and
(c) Efficient utilization of municipal and industrial
water projects;
adopted regulations and guidelines to be used in connection
with matters of State interest; established the Board of County
Commissioners of the County of Eagle as the Eagle County Permit
of Authority to receive applications for development in an area
of State interest or for conduct of an activity of State
interest, and to exercise other powers granted it in connection
therewith; adopted certain forms to be used in designating
matters of State interest, and a permit application and permit
form for development in or conduct of a matter of State
interest; and provided for a reasonable fee for the cost of
processing a permit application and hearings in connection
therewith; and
WHEREAS, the Board, on June 6, 1980, pursuant to
Resolution No. 80 -34, amended Resolution No. 80 -25 to reflect
technical changes recommended by the Colorado Land Use'
Commission; and
WHEREAS, the Board, on May 9, 1984, pursuant to
Resolution No. 84 -20, substantively amended Resolution No.
80 -25, as amended by Resolution No. 80 -34; and
WHEREAS, the Board desires to technically amend
Chapters 1 through 5, inclusive, of the "Guidelines and
Regulations for Areas and Activities of State Interest of the
County of Eagle, State of Colorado ", Resolution No. 80 -25, as
specifically amended by Resolution Nos. 80 -34 and 84 -20,
respectively, for the purposes of correcting typographical and
technical errors; renumbering the present Chapters to
correspond with the numbering system of the Eagle County Land
Use Regulations, 1982, as amended ( "L.U.R "), and to incorporate
the same into the L.U.R. as Chapter VI, as specifically
provided for in Resolution No. 82 -26; and amending Sections
4- 103(2)/6.04.03(2) and 4- 103(3)/6.04.03(3) regarding the
definitions of a major extension of an existing domestic water
treatment system and a major extension of an existing sewage
treatment system, and Section 4- 304(5)(g)/6.04.13(5)(g)
regarding submission requirements for major extensions of
existing domestic water and sewage treatment systems to
accurately reflect the Board of County Commissioners' actions
of April 25, 1984, in amending the aforementioned Sections and,
in conjunction therewith, to correct Resolution No. 84 -20; all
of the foregoing technical amendments and revisions being set
forth in Exhibit A attached hereto and incorporated herein by
this reference; and
WHEREAS, public notice of the hearing before the
Board to consider the aforementioned technical amendments was
duly published in the Eagle Valley Enterprise at least thirty
-2-
b -
(30) days prior to but within sixty (60) days of such hearing;
and
WHEREAS, copies of the proposed technical amendments
have been made available to the public at the offices of the
Board and the Eagle County Department of Community Development
continuously from and including the date of first publication
of notice of public hearing described in the paragraph next
above; and
WHEREAS, the Board has been granted general authority
by the State Legislature to adopt such proposed amendments as
set forth in Exhibit A; and
WHEREAS, the Board, having considered all of the
testimony, regulations, guidelines, exhibits and other evidence
presented at the aforesaid public hearing, finds that it is
necessary and in the public interest to amend and readopt
Chapters 1 through 5, inclusive, of the "Guidelines and
Regulations for Areas and Activities of State Interest of the
County of Eagle, State of Colorado ", Resolution No. 80 -25, as
specifically amended by Resolution Nos. 80 -34 and 84 -20,
respectively, to reflect the technical amendments and revisions
as set forth in Exhibit A attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
it THAT, Chapters 1 through 5, inclusive, of the
Guidelines and Regulations for Areas and Activities of State
Interest of the County of Eagle, State of Colorado ", Resolution
No. 80 -25, as specifically amended by Resolution Nos. 80 -34 and
84 -20, respectively, are hereby amended as set forth in Exhibit
A attached hereto and incorporated herein by this reference.
THAT, the entirety of Chapters 1 through 5,
inclusive, of the "Guidelines and Regulations for Areas and
Activities of State Interest of the County of Eagle, State of
Colorado ", Resolution No. 80 -25, as specifically amended by
Resolution Nos. 80 -34 and 84 -20, respectively, and as herein
amended, are hereby readopted.
THAT, this amendment and readoption of the
Guidelines and Regulations for Areas and Activities of State
Interest of the County of Eagle, State of Colorado ", Resolution
No. 80 -25, as specifically amended by Resolution Nos. 80 -34 and
-3-
84 -20, respectively, shall not constitute nor be construed as a
waiver of any violations existing at the time of the adoption
-of this - Resolution. - - --
THAT, pursuant to Resolution No. 82 -26, Exhibit A
attached hereto, is hereby incorporated into the Eagle County
Land Use Regulations, 1982, as amended, as Chapter VI.
THAT, should any section, clause, provision, sentence
or word of this Resolution, including the attached Exhibit, be
declared by a court of competent jurisdiction, to be invalid,
such decision shall not affect the validity of this Resolution
as a whole, or any parts thereof, other than the part so
declared to be invalid. For this purpose, this Resolution is
declared to be severable.
THAT, this Resolution is necessary for the health,
welfare and safety of the citizens of Eagle County, State of
Colorado.
MOVED, READ AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado, at its
regular meeting held the day of 1985.
s E k COUNTY OF EAGLE STATE OF COLORADO
p �'._ By and Through its
ATTE`ST,:`.• BOARD OF COUNTY COMMISSIONERS
J` !
By: ti B
er "'d the oar
County Commissioners
Donald-q. We ch, o issioner
-4-
Commissioner GsT�Q�-jOA) seconded adoption
-of the - for- egoing resaLution. Trie roll having been called, the
vote was as follows:
Commissioner David E. Mott e
Commissioner Richard L. Gustafson
Commissioner Donald H. Welch J2-1
This Resolution passed by6jd,4)I/Yj6a vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
�r
-5-
CHAPTER 6
AREAS AND ACTIVITIES OF STATE INTEREST
6.01 ADMINISTRATIVE REGULATIONS
INTRODUCTORY AND GENERAL PR0VISIOP7S
6.01.01 Title and Citation
1) These various sections and subsections that are
organized into a comprehensive set of
regulations are entitled and may be cited as the
"Guidelines and Regulations for .Areas and
Activities of State Interest of the County of
Eagle, State of Colorado."
2) This Section 6.01 -is entitled and may be cited
as the "Administrative Regulations."
6.01.02 Purpose and Findings
1) The purpose of these Regulations is to
facilitate identification, designation, and
administration of matters of State interest
consistent with the statutory requirements and
criteria set forth in Section 24- 65.1 -101, et
sea., C.R.S., and Guidelines for Identification
and Designation approved by the Colorado Land
Use Commission.
2) The Board of County Commissioners, County of
Eagle, State of Colorado, -finds that:
a) The notice and public hearing requirements
of Section 24- 65.1 -404, C.R.S., have been
followed;
b) These regulations are necessary because of
the intensity of current and foreseeable
development pressures on and within the
Countv of Eagle;
c) These regulations were adopted after taking
into consideration applicable guidelines
adopted and issued by the Colorado Land Use
Commis s ion
d) These regulations apply to the entire
unincorporated territory of the County of
Eagle,
e) These regulations interpret and apply to
any regulations adopted for specific areas
of Ctate interest and specific activities
of State interest_ which have been or may be
designated by the Board of County
Commissioners of the County of Eagle, State
of Colorado.
6.01.03 Authority
These regulations are authorized by, inter alia,
Section 24 -65.1 -101, et seq.; Section 30-28 -101, et
seq.,; Section 30 -28 -201, et seq.; Section 29-20 -101,
et seq.; and Section 24 -32 -111, C.R.S.
6.01.04 Applicability
These regulations shall apply to all proceedings
concerning identification and designation of and
developments in anv area of State interest or any
activity of State interest which has been or may
hereafter be designated by the Board of Countv
Commissioners of the County of Eagle, State of
Colorado.
6.01.05 Exemptions
The portions of these regulations authorized
exclusively under Section 24- 65.1 -101, et sea.,
C.R..S., shall not apply to any development in an area
of State interest or anv activity of State interest
if, on the effective date of the adoption of these
regulations:
1) The specific development or activity was covered
by a current building permit issued by the
County of Eagle;
2) The specific development or activity was
directly approved by the electorate of the state
or the County of Eagle; provided that, approval
by the electorate of any bond issue by itself
shall not be construed as approval of the
specific development or activity;
3) The specific development or activity is on land
Which has been finally approved, with or without
conditions, for planned unit development or for
use other than a subdivision, substantially the
same as planned unit development;
K
4) The specific development or activity is on land
which was either zoned or rezoned in response to
an application which specifically contemplated
said specific development or activity, or
5) The specific development or activity is on land
with respect to which a final plat for a
subdivision had been approved, with or without
condition, pursuant to the provisions of Section
2 -11 of Chapter 81, Session Laws of Colorado
1972, codified at Sections 30 -28 -101, 110, 133,
136, and 137, C.R.S.
6.01.06 Interpretation with Other Enactments and plans
1) Whenever the provisions of these Regulations are
found to be inconsistent with any other
resolution, ordinance, code, regulation, other
enactment or master plan of the County of Eagle,
the enactment imposing the more restrictive
standards or requirements shall control.
2) In the event that these Regulations are round to
be less stringent than the statutory criteria
for administration of matters of State interest
set forth in Section 24 -65.1 -202, C.R.S., the
statutory criteria shall control.
3) In the event that these Regulations are found to
be more stringent than the statutory criteria
for administration of matters of State interest
set forth in Sections 24- 65.1 -202 and
24 -65 -1 -204, C.R.S., these regulations shall
control _pursuant to the authority of Section
24- 65.1 - 402(3), C.R.S.
6.01.07 Paps
1) Each map referred to in designations and
regulations for any particular matter of State
interest adopted by the Board of County
Commissioners of the County of Eagle is deemed
adopted therein as if set out in full.
2) Maps referred to in any such designation and
regulations shall be filed with and be available
for inspection at the office of the C1erY, and
Recorder of the County of Eagle and shall also
be available for inspection in the office of the
Board of County Commissioners and the office of
the Department of Community Development.
6.01.08 Duties of the Board of County Commissioners
3
6.01.09
6.01.10
Unless otherwise specifically provided, it shall be
the duty of the Board of County Commissioners to
perform all functions set forth in all rea_ulations for
matters of State interest.
Severability
If any section, clause, provision, or portion of these
Regulations should be found to be unconstitutional or
otherwise invalid by a court of competent
jurisdiction, the remainder of these Regulations shall
not be affected thereby and is hereby declared to be
necessary For the public health, safety, and welfare.
Definitions
The words and terms used in these Regulaitons :Eor
administration of areas and activities of State
interest shall have the meanings set forth below
unless the context requires otherwise:
1)
2)
3)
4)
Board of County Commissioners
Board of County Commissioners means the Board of.
County Commissioners, County of Eagle, State of
Colorado.
Designation
Designation means only that legal procedure
specified by Section 24 -65.1 -101, et seq.,
C.R.S. It is carried out by the Board of County
Commissioners.
Development
nevelopment means any construction or activity
which chances the basic character or the use of
the land on which the construction activity
occurs.
Layman's Description
Layman's Description means a general, nonlegal
description and the popular name, if any, of the
tract of land upon which the activity or
development is to be conrlucted. The term
"general description" means "lavman's
description."
12
5 )
6)
7)
o)
Q�
10)
11;
J
Legal Description
Legal Description means any description from
whicJ, it is possible to locate accurately on the
ground the boundaries of the land being
described.
Matter of State Interest
Matter of State Interest means an area of State
interest or an activity of State interest or
both.
Permit Authority
Permit Authority means the Board of County
Commissioners, or a designee thereof.
Person
Person means any individual, partnership,
corporation, association, corpany, or other
public or corporate body, including the federal
government, and includes any political
subdivision, agency, instrumentality, or
corporation of the State or the United States
government.
Receipt of Application
Receipt of Application means the time at which
the completed application is accepted by the
Permit Authority.
Regulations
Regulations means both
guidelines as the terms
24- 65.1 -101, et seg., C
Technical Step
regulations and
are used in Section
.R.S.
Technical Step in identification of an activity
Of State interest is the act of formulating a
plan or program for the administration of any
one of the activities of State interest in a
specific jurisdiction consistent with the
criteria of Section 24 -65.1 -204, C.R.S. An
identification of an area of State interest is
the act of viewing and preparing a description
of the land within the borders of
4
3
which is located that area of State interest.
6.01.11 Identification, Master Plan and Planning Commission
Amended by
Resolution 1) Identification of Matters of State Interest
No. 80 -34 -- Technical Step. The technical step in the
Dated: 6/6/80 identification of anv matter. of State interest
shall be made by report and must be completed.
=or the appropriate matter of State interest
before the identification is adopted.
2) Adoption of Identification -- Inclusion in
Master Plan. After completion of the technical
step, identification by the Eagle County
Planning Commission is completed when adopted as
part of the Eagle County Master Plan or is
completed by the Board of County Commissioners
of Eagle County when a designation or req_ulation
based thereon is adopted.
3) Adoption of Identification by the Planning
Commission -- Procedures to be followed:
a) Adoption of identification shall be
accomplished under the same procedures
followed for adoption of the master plan as
well as the following additional
procedures:
b) The "careful and comprehensive studies and
surveys" upon which the master plan must be
based pursuant to Section 30 -23 -107,
C.R.S., as amended, shall include the
technical step as described in Subsection
6.01.11(1) hereinabove.
c) At least thirty (30) days before adoption
of official identification as part of the
master plan, a summary of the proposed
official identification shall be submitted
to the Division of Planning, Department of
Local Affairs, for review and advisory
recommendations. If any other local
governmental jurisdiction would be directly
or indirectly affected, the proposed
identification shall, in addition, be
submitted to such government and to the
Regional Planning Commission and/or Council
of Governments.
6
d) The Planning Commission's adoption of the
identification as part of the Master Plan
shall be made by resolution.
Before adoption, the Planning Commission
shall hold at least one public hearing
thereon, with notice of the hearing given
by publication in a newspaper of general
circulation in the County, and with the
notice of the hearing being given to all
members of the news media in the County as
determined to be appropriate by the County.
Adoption shall refer to any maps and
descriptive matter intended to be a part of
the identification. The action taken shall
be recorded on any such map or desriptive
matter by the signature of the Chairman or
Secretary of the Eagle County Planning,
Commission
e) Once the identi_ication is adopted, as part
of the Eagle County Master Plan, the Eagle
County Planning Commission shall certify a
copy of the identification to the Board of
County Commissioners of Eagle County and
shall send a copy or summary of the
identification to the Division of Planning,
Department of Local Affairs.
DESIGNATION OF MATTER OF STATE INTEREST
6.01.12 Board of County Commissioners of the County of Eagle
to Make Designations
Designations and amendments or revocations of
designations may be initiated in two ways:
1) The Board of County Commissioners shall at its
discretion designate and adopt regulations for
the administration of any matters of State
interest.
2) If the Colorado Land Use Commission submits a
formal request to the Board of County
Commissioners with regard to a specific matter
which the Colorado Land Use Commission considers
to be of State interest within the County of
Eagle, the Board of Countv Commissioners shall
publish notice and conduct a nearing pursuant to
Section 24.65.1- 407(1)(a), C.R.S.
6.01.13 Moratorium
7
After the Board of County Commissioners has
received a formal request to take action with
regard to a specific matter which the Colorado
Land Use Commission considers to be of State
interest within the Board's jurisdiction, no
person shall engage in development in th,e area
or conduct the activity specifically described
in said request until the Board of County
Commissioners has held its hearing and issued
its order relating thereto.
6.01.14 Public Hearing Required
1) The Board of County Commissioners shall hold a
public hearing before designating any matter of
State interest and adopting regulations for the
administration thereof. said hearing shall be
held not less than thirty (30) days nor more
than sixty (60) days alter the giving of Public
notice of said hearing.
2) In the event that the Colorado Land Use
Commission submits a .formal request to take
action, such public hearing for designation
shall be held within ninety (90) days after
receipt of the formal request.
6.01.15 Notice of Public Hearing, mailing List, Publication
1) The Board of County Commissioners shall prepare
a notice of the designation hearing which shall
include:
a) The time and place of the hearing;
b) The place at which materials relating to
the matter to be designated and any_
guidelines and regulations for the
administration thereof may be examined;
c) The telephone number where inquiries may be
answered;
d) A description of the area or activity
proposed to be designated in sufficient
detail to provide reasonable notice as to
Property which would be included. The
notice should include, when practicable,
both the legal description of the property
as well as any general or popular names of
the property.
0
3
2) The Board of County Commissioners shall maintain
a mailing list of the names of those persons
requesting of the Clerk of the Board of County
Commissioners that their names and addresses be
placed on the list and paying to the Clerk an
annual fee of twelve dollars ($12.00) to cover
the costs of production, handling and mailing of
notices of all such hearings pursuant to
Sections 24- 65.1- 404(2)(b) and
24- 65.1- 501(2)(c), C,p.S. In order to have hi_s
name and address retained on said mailing list,
the person shall resubmit his name and ad'Iress
and pay said annual Fee before January 31 of
each year.
3) At least thirty (30) days, but no more than
sixty (60) days before the public hearing, the
Board of County Commissioners shall publish the
notice in a newspaper of general circulation in
the County and shall mail the notice by first
Class mail to each of the following:
a) The Colorado Land Use Commission and other
State and Federal agencies, as deemed
appropriate in the discretion of the Board
of County Commissioners;
b) Persons on the mailing list;
c) In the discretion of the Board of County
Commissioners, members of the news media
and any other person considered to be
likely to be affected by the proposed
designation;
d) If any other local governmental
jurisdiction would be directly or
indirectly affected, the n_roposed
designation similarly may be mailed to such
government and to the Regional Planning
Commission and /or Council of Governments.
6.01.16 Matters to be Considered at Designation Hearings
1) At the public hearing described above, the Board
of County Commissioners shall consider such
evidence as may appear appropriate including, as
a minimum:
a) he intensity of current and foreseeable
development pressures;
9
l
b) The matters and considerations set forth in
any applicable guidelines for
identification and designation;
C) Model regulations issued by the Colorado
Land Use Commission and other State
agencies;
d) The boundaries of the proposed area;
e) Reasons why the particular area or activity_
is of State interest, the dangers that
would result from uncontrolled development
of any such area or uncontrolled conduct of
such activity, and the advantages of
development of such area or conduct of such
activity in a coordinated manner.; and
f) Any master or comprehensive plan pertaining
to or affected by the area or activity
under consideration.
2) The Roard of County Commissioners shall hear
testimony and receive evidence, including:
a) The recommendations of the County Planning
Commission; and
b) Relevant testimony and documents presented.
6.01.17 Recor(-! of Designation Proceeding
1) The Board of County Commisisoners will collect
and Preserve the following record of the public
hearing, at a minimum:
a) Notice of the hearing;
b) Certificate of publication of the notice;
c) Names and addresses o` persons who
presented written or oral statements;
d) Evidence of the identification of the
matter of State interest Proposed to be
designated;
e) written findings concerning each of the
matters referred to in Subsection 6.01.16
(1) above.
lG]
2) Any person may, at his own expense, provide for
the recording of the hearing and transcription
thereof, provided, however, that a copv of the
recording or transcript thereof, if transcribed,
shall be furnished free of charge to the Board
of County Commissioners and shall become part of
the records.
6.01.18 Adoption of Designation and Regulations
1) At the conclusion of such hearing, or within
thirty (30) days thereafter, the Board of Countv
Commissioners may adopt, adopt with
modification, or reject the proposed designation
which was the subject of public hearing; if
designation and regulation under Section
24 -F,5.1 -101, et seq., C.R.S., is reiected, the
Board of County Commisisoners may regulate
the matter under anv other available land use
control authority or it may reject the
regulation of the matter entirelv.
2) Such action shall be. taken by resolution.
3) In the event that the Board of County
Commissioners finally determines that anv matter
is a matter of State interest, it shall be the
Board's duty to designate such matter and adopt
regulations for the administration thereof.
4) Pach designation order adopted by the Board of
County Commissioners shall, as a minimum:
a) Specify the boundaries of the designated
area of State interest or the boundary of
the area in which an activity of State
interest has been designated;
h) State reasons why the particular_ area or
activity is of State interest, the danq_ers
that would result from uncontrolled
development of anv such area or
uncontrolled conduct of such activity, and
the advantages of development of such area
or conduct of such activity_ in a
coordinated manner;
C) Specify the regulations applicable to the
designated matter of State interest.
6.01.19 Submission of Material to Land Use Commission
11
Upon adoption of a designation order, all relevant
materials including the record of any public hearing
relating to the designation and regulations, as
described in Subsection 6.01.17, above, shall be
forwarded by the Board of County Commissioners to the
Colorado Land Use Commission for review. If within
thirty (30) days after receipt of a designation order
and regulation the Land Use Commission bas notified
the Board of County Commissioners that modification of
the designation or regulations is required, the Board
of County Commissioners shall, within thirty (30) days
after receipt of the .recommended modifications:
1) Modify the original order in a manner consistent
with the recommendations of the Colorado Land
Use Commission and resubmit the order to the
Colorado Land Use Commission, or
2) Notify the Colorado Land Use Commission that the
Colorado Land Use Commission's recommendations
are rejected and the reasons therefor.
6.01.20 Recording of Notice of Designation
A notice of the designation shall be certified by the
Board of County Commissioners to the County Clerk and
Recorder for filing in the same manner as any document
affecting real property.
6.01.21 Effect of Designation - Moratorium Until Final
Determination
After a matter of State interest is designated
pursuant to Subsection 6.01.12, no person shall enaage
in development in such area and no such activity shall
be conducted until the designation and regulations for
such area or activity are finally determined as
required by Section 24- 65.1 - 404(4), C.R.S.
PERMITS
6.01.22 Permits Required After Designation; Receipt of
12
Application Form
Amended by
Resolution
1) Any person desiring
to engage
in a development
No. 84 -20
in a designated area
of State
interest or to
Dated: 5/9/84
conduct a designated
activity
of State interest
must obtain a permit
from the
Permit Authority.
In the event a development
or
activity and
associated off -site
improvements proposed as an
12
integral part of a subdivision or PUD under the
jurisdiction of eagle County's land use
regulations is proposed to be served with water
and /or sewer by a district, quasi- municipal
corporation, or by a municipality, it shall be
the responsibility of the service provider
and /or developer to comply with the requirements
of these "Guidelines and Regulations for Areas
and Activities of State Interest of the County_
of Eagle, Colorado.
2) An application shall not be accepted unless it
Amended by is complete. A request for waiver of submission
Resolution requirements pursuant to these regulations
No. 84 -20 shall not render the application incomplete. If
Dated: 5/9/84 the application is considered incomplete by the
Permit Authority, the Permit Authoritv shall
specifv what additional information is
required. ?.mien a submitted application is
considered to be complete by the Permit
Authority, the Permit Authority shall note upon
the application the date and hour of its
receipt_.
3) when the applicant seeks a permit to engage in
development in more than one area of State
interest and /or to conduct more than one
activity of State interest and to engage in
development in one area of State interest and to
conduct one activity of State interest, the
application may be completed for all such
activities or developments and may be reviewed
by the Permit Authority in one consolidated
hearincx. f
6.01.23 Application Fee
1,9ithin ten (10) days following receipt of a completed
application for a permit, the Permit Authoritv shall
determine and set a fee in an amount neces.sary to
cover the costs incurred in the review and approval or
disapproval of the permit application, including all
hearings conducted therefor, and shall notify the
applicant in writing of said fee and its amount, Not
later than ten (10) days following his receipt of such
notice, the applicant shall present to the Permit
Authority nonrefundable certified funds in the amount
as set. Until the fee is paid to the Permit
Authoritv, the application for a permit shall not be
further processed.
6.01.24 Notice of Permit Hearing
Amended by
Resolution
No. 84 -20
Dated: 5/9/84 13
Not later than thirty (30) days after receipt of a
completed application for a permit, the Permit
Authority shall. set and publish notice(s) of the
date, time and place for hearing(s) on said
application and any requested waiver of submission
requirements. In no case shall the date for the
hearing be set later than six months after the receipt
Of a complete application (See Subsection 6.01.26(1),
Notice of the public hearing on a waiver request shall
be published in a newspaper of general circulation in
the County of Eagle, Colorado within ten (10) days of
the Permit Authority's action setting such hearing
date. Said notice shall also be sent to all persons
on the mailing list required by Subsection
6.01.15(2). Notice of the public hearing on the
application itself shall be published once in a
newspaper of general circulation in the County of
Eagle, not less than thirty (30) nor more than sixty
(60) days before the date set for hearing and shall
also be given to other persons and entities in the
same manner as set forth above for the notice of a
designation hearing in Subsection 6.01.15.
6.01.25 Conduct of Permit Hearing
1) The Permit Authority shall conduct the public
nearing in such a manner to afford procedural
due tirocess to the applicant as well as to anv_
person who opposes issuance of the permit.
2) The Permit Authority shall hear testimony and
receive evidence, including: LL
a) The-recommendations of t?he Planning
Commission, and
b) Relevant testimonv and documents presented.
3) Although the Colorado Rules of Civil Procedure
do not govern the conduct of the hearing, all
persons appearing at the hearing, in person or
by counsel, shall be afforded the right of
cross - examination as well as reasonable
opportunity to offer evidence in rebuttal.
4) Any person may, at his own expense, provide for
the recording of the hearing and transcription
thereof, provided, however, ghat a copy of the
recording or transcript thereof, if transcribed,
shall be furnished free of charge to the Permit
14
Authority and shall become part of the record.
5) The Permit .Authority shall collect and preserve
the following record of the public hearing:
a) The permit application;
b) Any written statements or documents
presented in support of or in opposition to
the permit application;
C) The names and addresses of all persons
making oral or written statements,
appearing as witnesses, or offering_
documentary evidence;
d) Any recording or transcript, if any, of t'ae
hearing as provided in Subsection
6.01.25(4) above;
e) written minutes of the Permit Authority
relating to the public hearing;
f) The resolution of the Permit Authority
granting or denying the permit application;
and
g) A copv of the permit, if issued.
6.01.26
Approval or Denial of Permit Application
1) If the Permit Authority finds that there is not
sufficient information concerning any material
feature of a proposed development or activity,
the Permit Authority may deny the app.li.cation or
it may continue the hearing until the additional
information has been .received. ?iowever, no such
continuance may exceed sixty (60) days unless
agreed to by the applicant.
Amended by
2) The Permit Authority shall approve an
Resolution
application for a permit to engage in
No. 84 -20
development in an area of State interest or for
Dated: 5/9/84
the conduct of an activity of State interest if
the Proposed development or activity complies
with the Provisions of the regulations governing
such area or activity, and may :Further attach
reasonable conditions to said approval. If the
proposed development does not comply with such
regulations, the permit shall be denied.
Amended by
3) The burden of proof shall be upon the applicant
Resolution
No. 84 -20
Dated: 5/9/84
15
y
to show compliance with the provisions of these
regulations governing the area or activity of
state interest involved.
4) The Permit Authority conducting a hearing
Pursuant to this Section shall state, in
writing, reasons for its decision, and its
findings and conclusions.
5) The Permit Aut'.lority shall .reach a decision on a
permit_ application within one hundred twenty
(120) days after the completion of the permit
hearing, or the permit shall be deemed approved.
6.01.27 Combined Designation and Permit Nearing
If a person proposes to engage in development in an
area of State interest or to conduct an activity of
State interest not Previously identified, designated,
or for which regulations have not been adopted, the
Board of County Commissioners alone may hold one
hearing for determination of identification,
designation, and regulations as well as for granting
or denying the permit. N ?o permit that is granted at
the conclusion of any such hearing shall be authority
to engage in development or to conduct an activity
until the identification, designation and regulations
are finally determined.
6.01.28 Issuance of Permits
1) The permit shall be issued on the form adopted
by the Board of County Commissioners.
2) The permit may be issued for an indefinite term,
or for a specific period of years.
3) Copies or notice of the permit shall be sent to
the Colorado Land Use Commission and, at the
Board's discretion, may be sent to any regional
planning commission in which the county may be
located, and to any other person requesting a
copy thereof upon payment of the cost of
reproduction.
4) A copy of the permit shall be certified by the
Permit Authority to the County Clerk and
Recorder for recording in the same manner as any
other document relating to real property, and
the certified copy of the permit shall be
presented by the Permit Authority to the Clerk
and Recorder for recording.
16
5.01.29 Financial Security
1) Before any permit is issued, the Permit
Authority mav, in its discretion, require the
applicant to file a guarantee of financial
security deemed adequate by the Permit Authority
and payable to the County of Eagle.
2) The purpose of said financial security guarantee
shall be to assure that the applicant or
permittee shall faithfully perform all
requirements of the permit or applicable
regulations adopted by the Board of County_
Commissioners.
3) The amount of said financial guarantee shall be
established by the Permit Authoritv upon
consideration of the following applicable
criteria:
a) The estimated cost of returning the site of
the permitted development or activity to
its original condition or to a condition
acceptable to the County in accordance with
standards adopted by the County for the
matter of State interest for which the
permit is being granted;
b) The estimated cost of completing the
permitted development or activity; and
c) The estimated cost of complying with any
conditions of the permit.
4) Estimated cost shall be based on the applicant's
submitted cost estimate plus the Permit
Authority's estimate of the additional cost to
the County of bringing in personnel and
equipment to accomplish any unperformed purposes
of the financial guarantee. The Permit
Authority shall consider the duration of the
development or activity and compute a reasonable
projection of increases due to inflation. '"he
Permit Authority may require, as a condition of
the permit, that the Financial security_ shall be
adjusted upon receipt of bids.
5) At least ten percent (10%) of the amount of the
financial guarantee shall be in cash deposited
with the County Treasurer and shall he placed in
17
an earmarked escrow account mutually agreeable
to the County and the applicant.
6) The financial guarantee may be released only
when:
a) The permit has been surrendered to the
Permit Authority before commencement of any_
physical activity on the site of the
permitted development or activity;
b) The development or activity has been
abandoned and the site thereof has been
returned to its original condition or to a
condition acceptable to the County in
accordance with standards adopted by the
Countv for the matter of State interest for
which the permit is being granted;
C) The project has been satisfactorily
completed; or
1) Applicable guaranteed conditions have been
satisfied.
7) Any security may be cancelled by a surety only
upon receipt of the Permit Authority's written
consent which may be grantecl only when such
cancellation will not detract from the purposes
of the security.
Q) If the license to do business 1_n Colorado of any
surety upon a security filed pursuant to this
regulation is suspended or revoked by any state
authority, then the applicant or permittee,
within sixty (60) days after receiving notice
thereof, shall substitute a good and sufficient
surety licensed to do business in the state.
Upon failure of the permittee to make
substitution of surety within the time allowed,
the Permit Authority shall suspend the permit
until proper substitution has been made.
9) If the Permit Authority determines that a
financial guarantee should be forfeited because
of any violation of the permit or any applicable
regulations adopted by the Board of County
Commissioners, it shall provide written notice
to the surety and to the permittee that the
financial guarantee will be forfeited unless the
permittee makes written demand to the Permit
Authority within thirty (30) days after
le
N
permittee's receipt of notice, requesting a
hearing before the Permit Authority. If no
demand is made by the Permittee within said
period, then the Permit Authoritv shall order
the financial guarantee forfeited.
10) The Permit Authority shall hold a hearing within
thirty (30) days after the receipt of the demand
by the permittee. At the hearing, the permittee
may present for the consideration of the Permit
Authority statements, documents, and other
information with respect to the allea_ed
violation. At the conclusion of the hearing,
the Permit Authority shall either withdraw the
notice of violation or enter an order for
forfeiting the financial guarantee.
11) The cash denosit described in Subsection 6.01.29(5),
above, may be used by the Permit Authority of
the County in the event of the default or
alleged default of the Permit holder only for
the purposes of recovering on the surety or
fulfilling the permit obligations of the permit
holder. In the event that the ultimate
reviewing court determines that there has been
no default by the permit holder, that portion of
any monies expended by the County from the
escrow funds relating to such default shall be
replaced in the escrow account by the Board of
County Commissioners immediately following such
determination. The County may arrange with a
lending institution, which provides money for
the permit holder, that said institution may
hold in escrow an_v funds required for said cash
deposit. Funds shall be disbursed out of escrow
by the institution to the County upon County's
demand for the purposes specified in this
Section.
12) If the forfeiture results in an inadequate
revenue to cover the costs of accomplishing the
purposes of the financial guarantee, t?Iis
County's attorney shall take such steps as he
deems proper to recover such costs where
recovery is deemed possible.
6.01 30 Revocation or Suspension of Permits
1) When it comes to the attention of the Permit
Authority that the provisions of any permit or
the terms of any regulation for administration
have been violated by the holder of the permit,
i4]
the Permit Authority may temporarily suspend the
Permit for a period of thirty (30) days. Before
malting such a temporary suspension, the Permit
Authority shall give the permit holder written
notice of the specific violation and shall allow
the permit holder a period of at least fifteen
(15) days to correct the violations. if the
permit holder does not concur that he is in
violation, he shall, within fifteen (15) days of
his receipt of such notice, show cause to the
Permit Authority why temporary suspension should
not be ordered. A hearing shall be held within
said thirty (30) day period pursuant to
Subsection 6.01.30( ?) below.
20
2) Either prior to or subsequent to a_ temporary
suspension, the Permit Authority may permanently
revoke or suspend the permit after conducting a
public hearing in substantially the same manner
and after substantially the same notice as for
permit hearings, and if it finds:
a) A violation of the provisions of the permit
or any applicable regulation `or
administration which may have been adopted
by this Board of County Commissioners, or
b) That the applicant has failed to take
substantial steps to initiate the permitted
development or activity within twelve (12)
months from the date of the permit, or, if
such steps have been taken, the applicant
has failed to complete the development or
activity with reasonable diligence.
6.01.31
Annual Review
Amended by
Resolution
1) Within thirty (30) days prior to each annual
N0. 84 -20
anniversary date of the granting of a permit by
Dated: 5/9/84
the Permit Authority, the permittee shall submit
to the Eagle Counts Department of Community
Development on behalf of the Permit Authority a
report detailing any and all past activities
conducted by the permittee pursuant to the
permit including, but not limited to, a
satisfactory showing that the permittee has
complied with all conditions of the permit and
applicable regulations.
2) The Eagle County Department of Community
Development shall review the report set forth in
20
Gubsection 6.01.31(1) hereinabove within thirty (30)
days from the date of submittal thereof. If the
Department determines, based upon its review, that the
permittee has violated the provisions of the permit
and /or applicable regulations, the Department shall
refer the matter to the Permit Authority for its
consideration at a scheduled public hearing. if the
Permit Authority determines at said public hearing
that the permittee has violated the _provisions of the
permit and /or applicable regulations, the Permit
Authority may suspend and /or revoke the permit in
accordance with Subsection 6.01.3n hereinabove.
3) Upon fulfillment of all permit conditions, this
annual review requirement may be waived by the
Permit Authority.
ADMINISTRATION, FNFORCEMFNT AND PF,NALTIES
6.01.32 Enforcement and Penalties
1) Any person engaging in a development in a
designate(? area of a State Interest or
conducting a designated activity of State
Interest who does not obtain a permit pursuant
to these Regulations for administration, who
does not comply with permit requirements, or who
acts outside the authority of the permit, may be
enjoined by the County or the Land Use
Commission from engaging in such development or
conducting., such activity, and may be subject to
such other criminal or civil liability as may be
prescribed by law.
6.01.33 Mapping Disputes
Where interpretation is needed as to the exact
location of the boundary of any designated area
and where there appears to be a conflict between
a mapped boundary and actual field conditions,
the Permit .Authority shall make the necessary
determination of the boundary. Any person
contesting the location of the boundary shall be
given an opportunity to present his case to the
Permit Authority.
6.01.34 Inspection
1) The Permit Authority or its authorized
representative is hereby empowered and directed
to inspect and examine the use, occupation or
development of or activity in each and every
area or activity subject to these Pegulations
21
T
for the purpose of determining from
whether_ or not any use, occupation,
or activity is in violation of anv
provisions of this Regulation or of
issued or required pursuant to this
applicable regulations.
time to time
development
if the
any permit
or other
2) If a violation shall be found to exist, said
Permit Authority or its authorized
representative shall by written order direct
that such remedial action he taken forthwith as
will result in full compliance with the
applicable regulations, Provided, however, that
the issuance of such order shall in no way or
manner be deemed a prerequisite to the
institution of such enforcement proceedings as
are set forth in the regulations; an,] provided
further., that compliance with such order shall
not necessarily be deemed to he a defense to any
alleged violation of this or other applicable
regulations in any court action instituted
seeking full compliance therewith.
22
6.02
6.02.01
6.02.02
6.02.03
6.02.04
r'
PERMIT AUTHORITY
Purpose and Intent
The purpose of this Section 6.02 is to facilitate
designation and administration of matters of State
Interest consistent with statutory requirements and
criteria set forth in Article 65, 'Pitle 24, of the
Colorado Revised Statutes.
Findings
The Board of County Commissioners finds that:
1)
2)
3)
4)
The notice and public hearing reauirerd by law
have been followed.
These °. egulations are necessary because of the
intensity of current and foreseeable develonment
pressures on and within the County.
These Regulations were adopted after takinq into
consideration applicable guidelines adopted and
issued by the Colorado nand Use Commission.
These Regulations apply to the entire
unincorporated territory of the County of Eagle,
State of Colorado.
Authority
These Regulations are authorized by inter alia,
Section 24 -65. 1 -101, et sea.; Section 30 -2R -101, et
seq; Section 30 -28 -201, et seq.; Section 2.9 -20 -101, et
sea.; and Section 24 -32 -111, C.R.S.
Permit Authority Established
1) The Eagle County Permit Authority is hereby
established, the members of which shall be the
Board of County Commissioners.
2) The Permit Authority shall exercise all powers
and duties granted it by Section 6.01 of the
"Guidelines and Regulations of Areas and
Activities of State Interest of the County of
Eagle, and as attended.
23
6.02.05 Judicial Review
Any action seeking judicial .review of a final decision
of the Permit Authority shall be initiated within
thirty (30) days after the decision is made, in the
District Court in and for the County of ragle,
pursuant to Rule 106 of the Colorado '?ules of Civil
Procedure.
O
_1
6.03 SITE SELECTION AND CONSTRUCTION OF r!AJOR NEW DOMESTIC
WATER AND SEWAGE TP.FATMENT SYSTEMS
GENEP.AL AND INTRODUCTORY PROVISIONS
6.03.01 Title and Citation
These various sections constituting
the "Guidelines and Regulations of
Activities of State Interest of the
State of Colorado," may be cited as
for Site Selection and Construction
Domestic Water and Sewage Treatment
Countv.
6.03.02 Purpose and Intent
Section 5.03 of
%reas and
County of Eagle,
the " Regulations
of Major New
Systems" of Eagle
The purpose and intent of the regulations contained in
this Section are as follows:
1) To insure that new domestic water and sewage
treatment systems are constructed 9_n areas which
will result in the proper utilization of
existing treatment plants and the orderly
development of domestic water and sewage
treatment systems within this County;
2) To insure that site selection and construction
of major new domestic water and sewage treatment
systems are conducted in such a manner as to
minimize environmental impact., associated with
such development;
3) To insure that site selection and construction
of major new domestic water and sewage treatment
systems are planned and developed in a manner so
as not to impose an undue economic burden on
existing or proposed communities within this
County;
a) To insure that urban development, population
densities, and site layout and design of water,
wastewater, storm water and sanitation systems
shall be accomplished in a manner that will
prevent the pollution of aquifer recharge areas;
5) To insure that the off -site impacts of such
projects are effectively mitigated.
6.03.03 Definitions
1) "Major new domestic water system" means a
25
system for provision to the public of piped
water for human consumption or a system for the
provision to the public of piped water which
will be used in exchange for water for human
consumption, if such system is proposed to serve
a total development density of ten (10) or more
residential dwelling units or the equivalent
thereof in other uses.
2 "Major new domestic sewage treatment system"
means a new sewage treatment system and
collector system capable of treating the
wastewater generated by a total development
density of ten (10) or more residential dwelling
units or the equivalent thereof in other uses.
3) "Domestic water and sewage treatment system"
means a wastewater treatment plant, water
treatment plant, or water supply system, and any
system of pipes, structures, and facilities
through which water and wastewater is collected
for treatment.
a) "Wastewater treatment *plant_" means the
facility or group o` units used for
treatment of wastewater from sewer systems
and for the reduction and handling o£
solids and gases removed from such wastes.
b) "water supply system" means the system of
pines, structures and facilities through
which a water supply is ohtained,
collected, treated and sold or distributed
for human consumption or the system of
pipes, structures and facilities through
which a water supply is obtained which will
be exchanged or traded for water which will
be used for human consumption.
C) "water treatment plant" means the facility
or facilities within the water supply
system which can alter the physical,
chemical or bacteriological quality of the
water.
4) "Source area" means a geographic area or region
where moisture falls and drains through natural
Processes to either streams or lakes or
Permeates to the groundwater table, analogous to
catchment basin or watershed.
26
Amended by 5) "Collector syste?n" means a network of pipes and
Resolution conduits through. which sewage flows to a sewaqe
No. 80 -34 treatment _plant.
Dated: 6/6/80
6) "Distribution system" means a network of pipes
and conduits through which water is piped to the
public for human consumption or through which
water is piped for exchange or trade for water
which will be used for human consumption.
7) "Proposed development" means a major new
domestic water or sewage treatment system, as
defined in 6.03.03(1), (2) and (3), and includes
any proposed land development directly related
to such system if such development is to be
located wholly or partially within this County
and if such development specif_i_ca_11v generates
the need. for the system. (This definition
includes development area.)
S) "Source development area" means that geographic
area or region wholly or partially within the
unincorporated territory of this County which
will be developed or altered in connection with
the developnent of a major new domestic water or
sewage treatment system, as defined. in
6.03.03(1), (2) and (3). The source development
area may or may not be wholly or partially
within the development area.
6.03.04 Authority
These Regulations are adopted pursuant to, inter alia,
Section 24- 65.1 -101, et sea., and Section 29 -20 -101,
et seq., C.R.S.
6.03.05 Applicability
1) These Regulations shall apply to the site
selection for all major new domestic water and
sewage treatment systems and construction
thereof.
2) These Regulations shall not apply to expansion
of existing domestic water or sewage treatment
systems.
Amended by 3) A permit under these regulations shall he
Resolution required prior to or in conjunction with
No. 84 -20 subdivision, PUT) or preliminary plan approval,
Dated: 5/9/84 but in every case must be obtained prior to
27
3
commencement of construction of the project.
6.03.06 Relationship of Regulations to Other State and Federal
Requirements
11 Nothing in these regulations shall be construed
as exempting an applicant for a permit `rom an_v
other requirements of this County or other state
or federal laws and regulations.
2) To the extent that the .requirements of these
regulations differ from any other applicable
requirements, the more restrictive requirements
shall apply.
3) Permit requirements included in these
regulations shall be in addition to and in
conformance with all applicable state and
federal water quality laws, rules and
regulations, including, but not limited to, the
following:
a) Section 25- 8- 704(1)(a), C.R.S., sewaa_e
treatment plant site approval, which
provides that no person shall commence the
construction or expansion of anv sewage
treatment works intended to serve more than
twenty (20) persons unless site location
and the construction or expansion have been
approved and designs therefor reviewed by
the Colorado Water Quality Control
Commission;
h) Section 25 -8 -501, C.R.S., point source
pollutant discharge permit;
c) Section 208 (33 U.S.C. Section 1288)
areawide wastewater treatment management
planning;
d) Section 303 (33 U.S.C. Section 1313) river
basin water quality management planning;
e) Disposal of sewage sludge (33 U.R.C.
Section 1345);
f) Section 32 -1 -201, C.R.S., Special District
Control Act;
g) 16 U.S.C. Section 661- 666(c) (1970), The
Fish and Wildlife Coordination Act;
28
h) Section 102(c) (42 U.S.C. ^-ection 4321, et
sea.). The National Environmental Policy
Act;
i) Section 404 of the ,Clean Water lct.
DESIGNATION OF SITE SELECTION AND CONSTRUCTIO ?T
OF MAJOR NEW DOMESTIC WATER AND SEWAGE TRFATMEt'7 PLA!aTS
6.03.07 Designation of Site Selection and Construction of
Major New Domestic Water and Sewage Treatment Plants
The Board of County Commissioners having considered
the intensity of current and foreseeable development
pressures and applicable Guidelines for Identification
and resignation adopted and issued by the Colorado
Land Use Commission, it is the order of this Board of
County Commissioners that site selection and
construction of major new domestic water and sewage
treatment systems be designated a matter of State
interest and regulated pursuant to the _provisions of
this Section.
6.03.08 Boundaries of Area Covered by Designation
The site selection and construction of any major new
domestic water and sewage treatment plants within the
unincorporated territory of this Countv shall he
subject to this designation and regulation.
6.03.09 Reasons for Designation
Site selection and construction of major new domestic
water and sewage treatment plants is hereby designated
as a matter of State Interest for the reasons stated
in Subsection 6.03.02 of this Section.
6.03.10 Application Procedure
The procedures concerning permit applications, notice
and conduct of permit hearings, review of Permit
Authority decisions, and the issuance and content of
permits to engage in site selection and development of
major new domestic water and sewage treatment systems
shall comply with the provisions set Forth in
Subsection 6.01.22 through 6.01.31, inclusive, of the
Administrative Regulations adopted by this County.
6.03.11 Prohibition of the Site Selection and Construction of
Major New Domestic Water and Sewage Treatment Plants
1) No person may locate a major new domestic water
or sewage treatment system wholly or partially
within the unincorporated territory of this
29
County without first obtaining a permit pursuant
to these Regulations.
2) No local authority shall issue a buildinq permit
tor purposes of selecting a site for or
constructing a major new domestic water or
seN7age treatment plant without the applicant
first having obtained a Permit pursuant to these
Regulations.
6.03.12 Application for Permit
Amended by 1) Any person seeking to locate or construct a
Resolution major new domestic water or sewage treatment
No. 84 -20 system wholly or partially within the
Dated: 5/9/84 unincorporated territory of this County shall
apply for a permit from the Permit Authority_, on
the appropriate form prescribed '�)y t?tese
regulations, at Exhibit 6, and maintained in the
office of the Department of Community
Development of this County. (For sewage
systems, the site application form adopted by
the Rater. quality Control Commission will be
completed and attached to the aoplicat_ion form.)
2) Not later than ten (10) days following receipt
of a completed application For a Permit to
locate or construct a major new domestic water
or sewage treatment system, the hermit .Authority
shall determine and set a Fee in an amount
necessary to cover the costs incurred in the
review and approval or disapproval of the permit
application, including all hearings conducted
therefor, and shall notify the applicant in
writing of said fee and its amount. Not later
than ten (10) days following his receipt of such
notice, the applicant shall present to the
Permit Authority non - refundable certified funds
in the amount set. Until the fee is paid to the
Permit Authority, the application for permit
shall not be further processed.
6.03.13 Submission Requirements
An application for a permit to locate or construct a
major new domestic water or sewage treatment system
shall be accompanied by five (5) copies of the
following documents and information:
1) An abstract of the proposal indicating the scope
and need for the development;
30
2) Preliminary review and. comment on the nrop_osal
by the appropriate agencv of the Colorado
Department of Natural Resources and the Colorado
Department of Health within sixty (60) days;
3) Alternative potential site locations and degree
of feasibility of each;
4) Proponents of proposal:
a) Names, addresses and business of all local
or other interests nroposing site selection
and construction of a major new water or
sewage treatment system.
b) Name and qualifications of the nerson(s)
responding to the requirements detailed in
this regulation.
5) Scope of proposal:
a) Provide detailed engineering plans and
specifications of the proposal including
proposed system capacity and service area
plans mapped at a scale determined by the
Permit Authoritv.
b) Provide a description of all existing or
approved proposed domestic water or sewage
treatment systems within the development
area and source development area.
C) Detail the design capacity of each domestic
water or sewage treatment system and tie
distribution or collection network in the
development area and source development
area.
d) Detail the excess capacity of each
treatment system and distribution or
collection network in the community or
development area and source development
area.
e) Provide an inventory of total commitments
already made for current water or sewage
services.
`) Detail the operational efficiency of each
existing system in the development area and
31
source development area, including age,
state of repair, and level of treatment.
Amended by g) Detail the source and rights for the water
Resolution supplies for the system, including any
No. 84 -20 permits, decrees or contracts for such
Dated: 5/9/84 rights, or the application submitted for
change of water rights, appropriation of
water or augmentation plans.
h) Detail existing water utilization including_
historic yield from rights and use by
category such as agricultural, municipal
and industrial and supply obligations to
other systems.
i) Provide a description and detailed
engineering plans and specifications of the
proposed construction of structures,
buildings, and improvements associated with
the project and the financial,
environmental and social imracts thereof on
the community or surrounding areas within
the development area and source development
area.
6) Demonstrate the need for a new water or sewage
treatment system:
a) Provide population trends for the
development area and source development
area; e.g., present population, population
projections, and growth rates.
b) Specify the predominant types of
developments to be served by the proposed
new water or sewage treatment system.
C) Specify at what percentage of the design
capacity the current system is now
operating:
Water treatment system:
Wastewater treatment system:
d) Specify whether or not present facilities
can be upgraded to adequately accommodate
the ten (10) year projected increased need
in treatment and /or hydraulic capacity.
7) environmental impact analysis:
32
a) Land Use:
(1) Provide a map (at an appropriate
scale) detailinq existing land uses
of the proposed development, source
development area, and the project
service area including peripheral
lands which may be impacted. The
land use map should include, but not
necessarily be restricted to, the
following categories: residential,
commercial, industrial, open space,
outdoor recreation, agricultural,
forest land and water bodies.
(2) All immediately affected public land
boundaries should be indicated on
the map. Potential impacts of the
proposed development upon public
lands will be visually illustrated
on the map as well as described in
textual form.
(3) Specify whether the proposed Project
conforms to this County's planning
policies.
(4) Specify whether the Proposed project
conforms to regional and state
planning policies.
(5) Specify whether the proposed project
conforms to federal land management
policies.
(C) Describe the oresent use of the land
in the development area and source
development area.
(7) Detail the present zoning of the
land in the development area and
source development area.
(8) Detail the agricultural productivity
capability of the land in the
development area and source
development area (SCS
classification).
(9) Specify how the proposed development
will utilize existing easements or
rights -of -way for new associated
33
3?
distribution or collector networks.
Amended by Describe the probability that the
Resolution system may be significantly affected
No. 84 -20 by earthquakes, floods, fires,
Dated: 5/9/84 snowslides, avalanches, rockslides,
or landslides and any measures taken
to reduce the impact of such events
upon the system.
(11) Specify whether the demand for this
project is associated with
development within or contiguous to
existing service areas.
b) water Resources
1) Describe and indicate on an
appropriate map relevant surface
water bodies (streams, lakes and
reservoirs) and ground crater
aquifers in the area and their uses.
(2) On the same, or other appropriate
map, indicate any flood plain
associated with the proposed
development. Documentation of
historical `loading activity should
be included. netail potential
adverse impacts of associated
floodplain.
Amended by (3) Describe potential effects of the
Resolution proposed development on eutro-
No. 84 -20 phication, wasteload allocations and
Dated: 5/9/84 water quality of the Eagle River and
any existing or proposed reservoirs
in the County.
Amended by
(4) Describe tre potential effects of
Resolution
the proposed project on the
No. 84 -20
above - detailed water features,
Dated: 5/9/84
including the effects on present
water quality and current uses.
Include a detailed statement of the
proposed project's impact upon the
total dissolved solids and hardness
of the Eagle River measured at Dowd
Junction and Dotsero and of the
Colorado River and the Roaring Fork
River measured at the Garfield -Eagle
34
County line, respectively.
(5) Describe the potential adverse
effects of the proposed development
upon plant and animal life dependent
upon the water resources in
question.
(6) The applicant will present technical
material describing and quantifying
the impact the proposed development
will have upon salinity, or Total
Dissolved Solids (IDS) in the
Colorado River, and shall formulate
and propose a plan for the
mitigation of such impact. The
Permit Authority shall apply the
followinq standards for the
determination of compliance with
this subsection:
(a) Colorado River Salinity (TDS)
will be maintained as
prescribed by "Cuter nuality
Management Plan -- Colorado
River Basin, Appendix C,
Colorado Department of Health,
October, 1975 ".
(b) In order to offset salinity
increases, projects subject to
these Regulations which divert
water from the natural
drainage of the Colorado River
within the Countv will be
required to offset salinity
increases by mitigation
measures designed to insure
that the cost of the present
and prospective uses of water
and land within the natural
drainage OF the Colorado River
within the State of Colorado
shall not be increased. Said
mitigation measures shall be
determined by the Permit
Authority.
(c) In applying the standards set
forth at Subsection
6.03.13(7)(b)(6) supra, the
35
s
Permit Authority shall be
guided by the following
criteria in the identification
and selection of mitigation
measures:
(i) First preference shall be
given to eliminating
salinity sources within
the Countv, second to
sources within Planning
and Management Region XII,
third to sources within
the State of Colorado.
?do mitigation measure
shall be selected which
results in the removal of
lands from irrigated
agriculture within the
natural drainage of the
Colorado River within the
State of Colorado.
(iii) Preference shall be given
to the compensatory
storage of water within
the natural drainage of
tine Colorado River within
the State of Colorado.
(iv) The extent of mitigation
shall be determined by
comparsion of the
measured five -year
average salinity in Lake
Powell orior to the
diversion and the
calculate• effect on the
average salinity in Lake
Powell after the project.
(v) Any other or different
limitation which may be
required by the
circumstances and effect
of the proposed project.
cl Air Quality
(1) Detail the impact of the proposed
36
0
development on ambient air quality of the
area or community in question.
d) Significant Fnvionmentally , ^.ensitive
Factors
identify and locate on a map of an
appropriate scale the juxtaposition o•`. any,
of the following features present i.n the
proposed development and source development
area an' its environs and detail the
potential impact of the proposed
development upon each feature:
(1) marshlands and wetlands,
(2) Groundwater recharge areas,
(3) Potential natural 'i.aaar.�s,
(4) Forests an.l woodlands,
(S) Critical wildlife habitat,
(nl Public, outdoor recreation areas,
and
(7) Unique areas of geologic, historic
and archaeological importance.
(Q) Critical aquatic life habitat.
e? Visual Aesthetics and *luisance Factors:
Identify any significant deterioration of
existing natural aesthetics, creation of
visual blight, noise no1'.ution or obnoxious
odors which may stem from development.
f1 Describe what impact the development will
have upon th.e need for and supply of n_uhlic
transportation in the Count.,.
8? Financial impact analysis of site selection and
construction of major new water and sewage
treatment facilities will include but not be
Limited to the following:
a) Review and summary of any existing
engineering and/or financial feasibility
studies, assessed taxable oronerty
valuations, property tax collection
37
experience, and all other matters of aid in
determining the feasibility of the new
facility, including such as related to:
(1) Service area and /or boundaries;
(2) Applicable methods of transmitting,
storing, treating and delivering
water, and collecting, transmitting,
treating and discharging sewage
(including effluent and /or sludge
disposal);
(3) Estimated construction costs and
period of construction of each new
facility component;
(4) Assesses' valuation of the property
to be included within the service
area and /or boundaries;
(5) Revenues and operating expenses of
the new facility including but not
limited to historical and estimated
property taxation, service charges
and rates, assessments, connection
and tap fees, standby charges and
all other revenues of the new
facility;
(6) Amount and security of proposed debt
and method and estimated cost of
debt service;
(7) Details of any substantial contract
or agreement For revenues (as in (5)
above) or for services to be paid,
furnished or used by or with an�r
person, association, corporation and
governmental bodv.
b) Provide a debt retirement schedule based
upon anticipated service Fees and tax base.
C) Identification of the person, association,
corporation and governmental body_ that will
benefit by, use and will pay any or all of
the revenues (as in (5) above).
d) If the new water or sewage treatment system
exceeds the proposed ten (10) year.
population growth needs as detailed by the
38
V
appropriate region's 203 planning
demographic projections, then detail the
excess service capacity and the cost of
such excess capacity to the community.
e) Increased Domestic and /or Municipal Water
Treatment Costs and /or tastewater Treatment
Costs-
(1) The applicant shall submit a plan to
offset increased domestic and /or
municipal water treatment and /or
wastewater treatment necessary to
meet water quality standards and
determined to be a direct result of
flow modification through changes in
the transport of nutrients, total
dissolved solids, hardness, minerals
or other _pollutants due to the
operation of any project .facilities
proposed by the applicant_. This may
be accomplished either by
construction and operation of
additional domestic and /or municipal
water treatment facilities and /or
wastewater treatment facilities made
necessary by the reduction in flow,
or the applicant may elect to pay a
fee in lieu of those mitigation
measures. 'his fee will he based
upon the additional costs of
domestic and /or municipal treatment
and /or wastewater treatment_
(capital, operation and
maintenance); and it will be used
exclusively 'or meeting the costs of
such additional domestic and /or
municipal treatment and /or
wastewater treatment.
9) Any demographic data needed to fulfill the
requirements of this Regulation shall be
consistent with those used for the 20£3 areawide
waste treatment management planning.
(10) For each alternative site or expansion area
being considered by the applicant, the
information specified in subsections (1) through
(9) of this Subsection 6.03.13.
6.03.14 waiver of Submission Requirements
Amended by
Resolution
No. 84 -20
Dated: 5/9/84
39
1) The Permit Authority may waive any part but not
all of the submission requirements imposed by
this Regulation upon petition of the applicant
that full compliance with the submission
requirements would be unreasonably burdensome
for the applicant and that the proposed
development will have an insubstantial impact on
the surrounding area. In cases in which the
development or activity must also comply with
PUD and /or subdivision regulations, the permit
hearing required by these regulations should be
held at the same time as the preliminary plat
hearing. Such a waiver of submission
requirements may be granted, after due
consideration by the Permit Authority, upon a
written determination that the information to he
submitted is sufficient for the Permit Authoritv
to arrive at a permit decision in full
compliance with the law and these regulations
and that the proposed development will have an
insubstantial impact on the surrounding area.
2) The petition shall be considered and the
decision rendered by the Permit Authority at a
public hearing held in substantial eom_pliance
with the provisions of Subsection 6.01.25 of the
Administrative Regulations adopted by this
jurisdiction.
a) New domestic water and sewage
.s
3) In the event the waiver request is denied, the
applicant shall provide the required additional
information on or before five (5) days prior to
the date set for hearing of the application
itself. If the applicant fails to provide such
information, the Permit Authority may in its
discretion vacate the public hearing on the
application itself and require complete
reapplication, or may continue the hearing in
accordance with Subsection 6.01.26(1).
6.03.15
Approval of Permit Application
Amended by
1) A permit application for site selection and
Resolution
construction of a major new domestic water or
No. 84 -20
sewage treatment system shall be approved, with
Dated: 5/9/84
reasonable conditions, if any, in the discretion
of the Permit Authoritv, if the proposed
development complies �.�ith the £ollowinq
criteria:
a) New domestic water and sewage
.s
\' r
treatment systems shall be
constructed in areas which will
result in the proper utilization of
existing treatment_ plants and the
orderly cevelopment of domestic
water and sewage treatment systems
of communities wa_thin this County
within the development area and
source development area;
b) The proposed development does net
conflict with an approved local
master plan or other applicable
regional, state or federal land use
or water plan;
C) The proposed development does not
adversely affect either sur =ace or
subsurface water riabts of upstream
or downstream users;
d) Adequate water supplies, as
determined by the Colorado
Department of I?ealth, are available
for efficient operational needs;
e) Existing_ domestic water treatment
systems servicing the area must be
at or near operational capacity;
f) Fxisting domestic sewage treatment
facilities servicing the area must
be at or greater than eighty per
cent (RO %) of operational capacity;
g) The scone and nature of the proposed
development will not compete with
existing water and sewage services
or create duplicative services;
h) Age of existing water and sewage
systems, operational efficiency,
state of repair or level of
i
treatment s such that replacement
is warranted;
i) Area and community development and
population trends demonstrate
clearly a need for such development;
j) Existing facilities cannot be
upgraded or expanded to meet waste
41
t
discharge permit conditions of the
Colorado Water Quality Control
Division.
1:) Appropriate easements can he
obtained for anv associated
collector or distribution system
that will serve existing and
proposed needs;
1) The benefits of the proposed
development outweigh the losses of
any natural resources or
agricultural lands rendered
unavailable as a result of the
proposed development;
m) The proposed development will not
decrease the quality of nerinheral
or downstream surface or subsurface
water resources below that
designated by the Colorado ,later
Ouality Control Commission as
established on May 22, 1979, and
effective July 10, 1979, or more
stringent standards subsequently
adopted;
n) The proposed development or its
associated collector or distribution
system or new service areas will not
violate federal or state air quality
standards;
o) The proposed development or its
associated collector or distribution
system 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 recreation areas, and unique
areas of geologic, historic, or
archaeological importance;
P) The proposed development or its
42
Amended by
Resolution
No. 84 -20
Dated: 5/9/84
6.03.16
associated collector or distribution
system will not significantly
degrade existing natural scenic
characteristics, create blight, nor
cause other nuisance factors such as
excessive noise or obnoxious odors;
n) The d
proposed evelopment or its
associated. collector or distribution
system will not create an undue
financial burden on existing or
future residents within the
development area and the source
development area. The cost of
securing an adequate supply of water
for existing and future needs of the
residents of the County shall be
considered in determining whether an
"undue financial burden" will
result;
r) The salinity and advanced wastewater
treatment offset plans required by
Subsections 6.O3.13(7)(b)(6) and
6.03.13(8)(e) have been approved by
the Permit Athority and required
fees associated therewith, if any,
have been paid.
s) The construction of structures,
buildings and improvements
associated with the proposed
development will not significantly
impact existing or proposed
communities within the development
area and source development area.
t) The development site of a major new
domestic water or sewage treatment
system is not subject to significant
risk, from earthquakes, floods,
fires, snowslides, landslides,
avalanches, rockslides or other
disasters which could cause a system
operational breakdown.
2) The permit shall he denied if the applicant
fails to satisfy all the criteria outlined
in 6.03.15(1).
ADMINISTRATION, ENFORCEMF,NT ADID PENALTIES
Administration, Enforcement and Penalties
43
The provisions of this Regulation and any permits
issued hereunder shall be administered and enforceI
according to the provisions of the Administrative
Regulations adopted by this County.
6.03.17 Severability
If any section, clause, provision, or portion of these
Regulations should be found to be unconstitutional or
otherwise invalid by a court of competent
jurisdiction, the remainder of this Regulation shall
not be affected thereby and is hereby declared to be
necessary for the Public health, safety and welfare.
44
�Y
6.04 MAJOR EXTETTSIONS OF EXISTING DOMESTIC WATER AND SENTAGE
TREATMENT SYSTEMS
GENERAL AND INTRODUCTORY PROVISIONS
6.04.01 Title and Citation
These various subsections constituting Section 6.04 of
the "Guidelines and .Regulations for Areas and
Activities of State Interest of the County of Eagle,
State of Colorado" may be cited as the "Regulations
for Major Extensions of Existing Domestic lRater Supply
and Sewage Treatment Systems" of r.,agle County.
6.04.02 Purpose and Intent
The purpose and intent of the Regulations contained in
this Section 6.04 are as follows:
.l) To insure that anticipated. growth and
development that macr occur as a result of major
extensions of domestic water and sewage
treatment systems can he accommodated within the
financial and environmental capacity of the
development area and source development area to
sustain such growth and development;
^) To insure the planned and orderlv land use
development that may occur as a result of major
extensions of domestic water and sewage
treatment systems within the development area
and source development area;
3) To regulate the use of land on the basis of the
financial and environmental impact thereof on
the community or surrounding areas within the
development area and source development area.
6.04.03 Definitions
1) "Domestic water and sewage treatment system"
means a wastewater treatment plant, water
treatment plant, or water supply system and any
system of pipes, structure, and facilities
through which wastewater is collected for
treatment.
a) "Wastewater treatment plant" means the
facility or a group of units used for
treatment of wastewater from sewer systems
and for the reduction and handling of
solids and gases removed from sucl, wastes.
45
b) "T'.Tater supply system" means the system of
pipes and structures and facilities through
which a water supply is obtained, treated
and sold or distributed for human
consumption or the system of pipes and
structures and facilities through which
water is obtained which will he exchanged
or traded for water which will. he used for
human consumption.
c) "water treatment plant" means the facility
or facilities within the water supply
system w1aich can alter the physical,
chemical or bacteriological quality of the
water.
Amended by 2) "major extension of an existing domestic water
Resolution treatment system" means: (1) the expansion of
No. 84 -20 existing domestic water treatment capacity ror
Dated: 5/9/84 storage; or (2) any extension of existing water
supply systems to service an additional
development density of ten (10) or more
residential dwelling units or the equivalent
thereof in other uses.
Amended by 3)
"Major extension of an existing sewage treatment
Resolution
system" means any modification of existing
No. 84 -20
sewage treatment plant to increase hydraulic
Dated: 5/9/84
capacity or upgrade treatment capability or any
extension of existing main collector sewer lines
or any increase in capacity of existing_ main
sewer lines or any extensions to serve a total
development density of ten (10) or more dwelling
units or the equivalent thereof in other uses.
4)
"Source area" means a geographic area or region
where moisture falls and drains through natural
processes to either streams or lakes or
permeates to the groundwater table, analogous to
catchment basin or watershed.
5)
"Collector System" means a network of pipes and
conduits through which sewage flows to a sewage
treatment plant.
6)
"Distribution system" means a network of pipes
and conduits through which water is piped to the
public for human consumption or a network of
pipes and conduits through which water is piped
to the public in exchange or trade for water for
human consumption.
46
s
7) "Proposed Development" means a major extension
of an existing domestic water or sewage
treatment system as defined in Subsection
6.04.03 (1), (2) and (3) and includes anv
proposed land development related to such system
if such development specifically generates the
need for a major extension of an existing major
water or sewage treatment system. The term
"development area" as used in this Regulation is
included within the meaning of "proposed
development."
8) "Source area development" means that geographic
area or region wholly or partially within the
unincorporated territory of this Countv which
will be developed or altered in connection with
a major extension of existing domestic water and
sewage treatment systems, as those terms are
defined in 6.04.03 (1), (2) and (3). The source
development area may or may not be the same as
the development area.
6.04.04 Authority
These Regulations are adopted pursuant to, inter alia
Section 24- 55.1 -101, et sea., and .Section 29 -20 -101,
et seq., C.R.S.
6.04.05 Applicability
1) These Regulations shall apply to the site
selection and construction of all major
extensions of existing domestic water and sewage
treatment systems.
Amended by 2) A permit under these regulations shall be
Resolution No. required prior to or in conjunction with
84 -20 subdivision, PUT? or preliminary plan approval,
Dated: 5/9/84 but in every case must be obtained prior to
commencement of constuction of the project.
6.04.06 Relationship of Regulations to Other State and Federal
Requirements
1) Nothing in these Regulations shall be construed
as exempting an applicant for a permit from any
other requirements of this County or other state
or federal laws and regulations.
2) To the extent that the requirements of these
Regulations differ from anv other applicable
47
W 7
requirements, the more restrictive requirements
shall apply.
3) Permit requirements included. in these
Regulations shall be in addition to and
conformance with all applicable state and
federal water quality laws, rules and
regulations, including but not limited to the
following:
a) Section 25- 8- 704(1)(a), C.R.S., sewage
treatment plant site approval. which
provides that no person shall commence the
construction or expansion of any sewage
treatment works intended to serve more than
twenty (20) persons unless site locations
and the construction or expansion have been
approved and designs therefor reviewed by
the Colorado Water quality Control
Commission;
b) Section 25 -R -501, C.R.S., point source
pollutant discharge permit;
c) Section 208 (33 U.S.C. Section 1258)
areawide wastewater treatment management
planning;
d.)
e)
f)
g)
h)
Section 303 (33 U.S.C. Section 1313) river
basin water quality management planning;
Disposal of sewage sludge (33 U.S.C.
Section 1345);
Section 32 -1 -201, C.R.S., Special District.
Control .Act;
16 U.S.C. Section 661- 666(c) (1970), The
Fish and PTildlife Coordination Act, and.
Section 102(c) (42 U.S.C. Section 4321, et
seq.), The National Environmental Policv
Act;
i) Section 404 of the Clean Water Act.
DESIGNATION OF MAJOR EXTENSIOFS OF 7=,TING
WATER. AND SEG ?AGE TREATMENT SYSTEMS
6.04.07 Designation of Maior Extensions of Existing Domestic
Water and Sewage Treatment Svstems
The Board of County Commissioners having considered
the intensity of current and foreseeable development
pressures and applicable Guidelines for Identification
48
and Designation adopted and issued by the Colorado
Land Use Commission, it is the order of the hoard of
County Commissioners that major extensions of existing
domestic water and sewage treatment systems he
designated a matter of State interest and regulated
pursuant to the provisions of this Section 5.04
6.04.08 Boundaries of Area Covered by Designation
Major extensions of existina domestic water and sewage
treatment systems wholly or partially within the
unincorporated territory= o.f this County shall be
subject to this designation and regulation.
6.04.09 Reasons for Designation
Major extensions of existing domestic water and sewage
treatment systems is hereby designated as a matter of
State interest for the reasons stated in Subsection
6.04.02 of this Chapter.
PERMIT APPLICATIONS AND PERMITS
6.04.10 Application Procedure
The procedures concerning permit applications, notice
and conduct of permit hearings, review of Permit
Authority decisions, and the issuance and content of
permits to engage in major extension of existing
domestic water and sewage treatment systems shall
comply with the provisions set forth in Subsections
6.01.22 through 6.01.31, inclusive, of the
Administrative Regulations adopted by this
jurisdiction.
6.04.11 Prohibition of Major Extensions of Existing_ Domestic
Water and Sewage Treatment Systems
1) No person may engage in a major extension of a
domestic water or sewage treatment system wholly
or partially within the unincorporated territory
of this County without first obtaining a .permit
pursuant to these Regulations.
2) No local authority_ shall issue a building permit
for purposes of a major extension of an existing
domestic water or sewage treatment system
without the applicant first havina obtained a
permit pursuant to these Regulations.
6.04.12 Application for Permit
Amended by 1) Any person seeking to develop a major extension
Resolution of an existing domestic water or sewage
No. 84 -20 treatment system wholly or partially within the
Dated: 5/9/84 49
unincorporated territory of this County shall
apply for a permit from the Permit Authority on
the appropriate form prescribed by these
regulations, at Exhibit 6 and maintained in the
office of the Department of Community
Development of this County. (For sewage systems
the site application form adopted by the ['later
Quality Control Commission will be completed and
attached to the application form.)
2) Not later than ten (10) days following receipt
of a completed application for a permit to
locate or construct a major extension of an
existing domestic water or sewage treatment
system, the Permit Authority shall determine and
set a fee in an amount necessary to cover the
costs incurred in the review and approval or
disapproval of the permit application, including
all hearings conducted therefor, and shall
notify the applicant in .eritinq of said fee and
its amount. Not later than ten (10) days
following his receipt of such notice, the
applicant shall present to the permit Authority
nonrefundable certified funds in the amount
set. Until the fee is paid to the Permit
Authority,t_he application for permit shall not
be further processed.
6.04.13 Submission Requirements
An application for a permit to develop a major
extension or an existing domestic water or sewage
treatment system shall be accompanied by five (5)
copies of the following documents and information:
1) An abstract of the proposal indicating the scope
and need for the development;
2) Preliminary review and comment on the proposal
by the appropriate agency of the Colorado
Department of Natural Resources and the Colorado
Department of Health within sixty (60) days;
3) Alternative potential site locations and deq_ree
of feasibility of each.;
4) Proponents of proposal:
a) Names, addresses and business of all local
and other interests proposing site of major
expansion of a domestic water or sewage
treatment system;
50
b)
Name and qualifications of the persons)
responding to the requirements detailed in
these Regulations;
5) Scone of proposal:
a)
Provide detailed engineering plans and
specifications of proposal including
proposed system capacity and service area
plans mapped at an appropriate scale;
b)
Provide a description of all existing or
approved -proposed systems within the
development area and source development
area;
C)
Detail the design rapacity of each
treatment system and distribution or
collection network, in the community or
development area and source development
area,
d)
Specify the excess capacity of each
treatment system and distribution or
collection network in the community or
development area and source development
area,
e)
Provide an inventory of total commitments
already made for current water or sewage
services;
f)
Detail the operational efficiency of each
existing system in the development area and
source development area, including age,
state of repair, and level of treatment;
Amended by g)
Detail the source and rights for the water
Resolution
supplies for the system, including any
No. 84 -20
permits, decrees or contracts for such
Dated: 5/9/84
rights, or the application submitted for
change of water rights, appropriation of
water or augmentation plans.
h)
Detail water utilization including historic
yield from rights and uses by category such
as agricultural, municipal and industrial,
and supply obligations to other systems;
i)
Provide a description and detailed
51
6)
7)
engineering plans and specifications of t-he
proposed construction of structures,
buildings, and improvements associated with
the project and the financial,
environmental and social impacts thereof on
the community or surrounding areas within
the development area and source development
area;
Demonstrate the need for a major expansion of a
domestic water or sewage treatment system:
a) Provide population trends for the
development area and source development
area, e.g., present population, population
projections and growth rates;
b) Specify the predominant types of
developments to be served by the proposed
extension of water or sewage treatment
system;
c) Specify at what percentage of the design
capacity the current system is now
operating:
Water treatment
system:
Wastewater treatment
system:
d) Specify whether or not 'Present facilities
can be upgraded to adequately accommodate
the ten -year projected increased need in
treatment and /or hydraulic capacity;
Environmental impact analysis:
a) Land Use:
(1) Provide a map (at an appropriate
scale) detailing existing land uses
of the proposed development, source
development area and the project
service area, including peripheral
lands which may be impacted. The
land use map should include, but not
necessarily be restricted to, the
following categories: residential,
commercial, industrial, extractive,
transportation, communication and
52
(7) Detail the present zoning of the
land in the development area and
source development area;
(8) Detail the agricultural productivity
capability of the land in the
development area and source
development area (SCS
classification);
(P) Specify how the proposed development
will utilize existing easements or
rights -of -way for new associated
distribution and collector networks;
Amended by (10) Describe the probability that the
Resolution system may be significantly affected
No. 84 -20 by earthquakes, floods, fires,
Dated: 5/9/84 snm-7slides, avalanches, rockslides
or landslides and any measures taken
to reduce the impact of such events
upon the system;
53
and utility, institutional, open
space, outdoor recreation,
agricultural, forest land and water
nod i.es;
(2)
All immediately affected public land
boundaries should be indicated on
the map. Potential impacts of the
proposed development upon public
lands will be visually illustrated
on the map as well as described in
textual `orm;
(3)
Specifv whether the proposed project
conforms to this County's planning
policies;
(4)
Specifv whether the proposed project
conforms to regional and state
planning policies;
(5)
Specify whether the proposed project
conforms to federal land management
policies,
(6)
Describe the present use of the land
in this development area and source
development area;
(7) Detail the present zoning of the
land in the development area and
source development area;
(8) Detail the agricultural productivity
capability of the land in the
development area and source
development area (SCS
classification);
(P) Specify how the proposed development
will utilize existing easements or
rights -of -way for new associated
distribution and collector networks;
Amended by (10) Describe the probability that the
Resolution system may be significantly affected
No. 84 -20 by earthquakes, floods, fires,
Dated: 5/9/84 snm-7slides, avalanches, rockslides
or landslides and any measures taken
to reduce the impact of such events
upon the system;
53
(11) Specify whether the demand for this
project is associated with
development within or contiguous to
existina service areas.
b) water Resources:
Amended by (1) Describe and indicate on an
Resolution appropriate man relevant surface
No. 84 -20 water bodies (streams, lakes, and
Dated: 5/9/84 reservoirs) and groundwater aquifers
in the area and their uses;
(2) On the same or another appropriate
map indicate any floodplain
associated with the proposed
development. Documentation of
historical flooding activity should
be included. Detail potential
adverse impacts of associated
floodplain;
Amended by (3) Describe potential effects of the
Resolution proposed development on
No. 84 -20 eutrophication, wasteload
Dated: 5/9/84 allocations and water quality o_c the
Eagle ?iv.er and any existing or
proposed reservoirs in the County;
Amended by
(4)
Describe the potential effects of
Resolution
the proposed project on the
No. 84 -20
above - detailed water features,
Dated: 5/9/84
including the effects on present
water quality and current uses.
Include a detailed statement of the
proposed project's impact upon the
total dissolved solids and hardness
of the Eagle River measured. at Powd
Junction and Dotsero and of the
Colorado River and the Roaring Fork
River measured at the Garfield -Eagle
Countv line, respectively;
(5)
Describe the potential adverse
effects of the proposed development
upon plant and animal life dependent
upon the water resources in
question;
(o)
The applicant will present technical
material describing and
54
quantifying the impact the proposed
development will have upon salinity,
or Total Dissolved Solids (TDS) in
the Colorado River, and shall
formulate and propose a plan for the
mitigation of such impacts. The
Permit Authority sha11 apply the
following standards for the
determination of compliance with
this subsection:
(a) Colorado River Salinity (-DS)
will be maintained as
Prescribed by "Water quality
Management Plan -- Colorado
River nasin, Appendix C,
Colorado Department of r- ?ealth,
October, 1975."
(b) In order to offset salinity
increases, projects subject to
these Regulations which divert
water from the natural
drainage of the Colorado River
within the County will be
required to offset salinity
increases by mitigation
measures designed to insure
that the cost of the present
and prospective uses of water
and land within the natural
drainage of the Colorado River
within the State of Colorado
shall not be increased. Said
mitigation measures shall be
determined by the Permit
Authority.
(c) In applying the standards set
forth at Subsection
6.04.13(7)(b)(6) supra, the
Permit Authority shall he
guided by the following
criteria in the identification
and selection of mitigation
measures:
(i) First preference shall be
given to eliminating
salinity sources within
the County, second to
55
rl
y'
sources within Planning
and Management Region
XII, third to sources
within the State of
Colorado.
^io mitigation measure
shall be selected which
results in the removal of
lands from irrigated
agriculture within the
natural drainage of the
Colorado River within the
State of Colorado.
Preference shall be
given to the
compensatory storage of
water. :within the natural
drainage of the Colorado
River within the State
of Colorado.
(iv) The extent o` mitigation
shall be determined by
comparison of the
measured five -year
average salinity_ in Lake
Powell prior to the
diversion and the
calculated effect on the
average salinity in Lake
Powell after the project.
(v) Anv other or different
limitation which may be
required by the
circumstances and effect
of the proposed project.
c) Air Qualitv:
Detail the impact of proposed development
on ambient air quality of the area or
community in question;
d) Significant Environmentally Sensitive
Factors:
Identify and locate on a map of an
appropriate scale the juxtaposition of any
of the following features present in the
5G
proposed development and source development
area and its environs and detail the
potential impact of the proposed
development upon each feature:
(1) Marshlands and wetlands,
(2) Groundwater recharge areas,
(3) Potential natural hazards,
(4) Forests and woodlands,
(5) critical wildlife habitat,
(6) Public, outdoor recreation areas,
(7) Unique areas of geologic, historic
and archaeological importance, and
(9) Critical aquatic life habitat.
e) Visual aesthetics and nuisance factors;
f) Describe what impact the development will
have upon the need for and supply of public
transportation in the County.
9) Financial impact analysis o`_ major extensions of
existing domestic water and sewage treatment
facilities will include but not be limited to
the following:
a) Review and summary of any existing
engineering and /or financial feasibility
studies, assessed taxable property
valuations, property tax collection
experience, and all other matters of aid. in
determining the feasibility of the
extension, including such as related to:
(1) Service area and /or boundaries;
(2) Applicable methods of transmitting,
storing, treating and deli_verinq
water and collecting, transmitting,
treating and discharging sewage
(including effluent and /or sludge
disposal);
(3) Estimated construction costs and
period of construction of each major
57
} 4s
extension component;
(a) Assessed valuation of the property_
to be included within the service
area and /or boundaries;
(5) Revenues and operating expenses of
the new facility including but not
limited to historical and estimated
property taxation, service charges
and rates, assessments, connection
and tap fees, standby charges and
all other revenues of the new
facility;
(r.) Amount and security of proposed debt
and method and estimated cost of
debt service;
(7) Details of anv substantial contract
or agreement for revenues (as in
"(5)" above) or for services to he
paid, furnished or used by or with
anv person, association, corporation
and governmental body.
b) provide a debt retirement schedule based
upon anticipated service `ees and tax base;
c) Identification of the person, association,
corporation and governmental body that will
benefit by, use and will pay any or all of
the revenues (as in "(5" above);
d) If the major extension capacity exceeds the
proposed ten (10) year population growth
needs as detailed by the appropriate
region's 208 planning demographic
projections, then detail the excess service
capacity and the cost of such excess
capacity to the community;
e) Increased Domestic and /or Municipal Water
Treatment Costs and, /or Wastewater Treatment
Costs:
(1) The applicant shall submit a plan to
offset increased domestic and /or
municipal water treatment and /or
wastewater treatment necessary to
meet water quality standards and
determined to he a direct result of
58
flow modification through changes
in the transport of nutrients, total
dissolved solids, hardness, minerals
or other pollutants due to the
operation of anv project facilities
proposed by the applicant. This may
be accomplished either by LL
construction and operation of
additional domestic and /or municipal
water treatment facilities and /or
wastewater treatment facilities made
necessary by the reduction in flow,
or the applicant may elect to pay a
fee in lieu of those mitigation
measures. This fee will be based
upon the additional costs of
domestic and municipal treatment
and /or wastewater treatment
(capital, operation and
maintenance), and it will be used
exclusively for meetinq the costs of
such additional domestic and /or
municipal treatment and /or
wastewater treatment.
9) Any demographic data needed to fulfill the
requirements of these Reaulations shall he
consistent with those used for the 208 areawide
waste treatment management planning.
10) For each alternative expansion being considered
by the applicant, the information specified in
Subsections (1) throua_h (9) of this Rubsection
6.04.1:1.
Amended 6.04.14
waiver of Submission Requirements
by Resolution
No. 84 -20
1) The Permit Authority may waive anv part but not
Dated: 5/9/84
all of the submission requirements imposed by
this Regulation upon petition of the applicant
that full compliance with the submission
requirements would be unreasonably burdensome
for the applicant and that the proposed
development will have an insubstantial impact on
the surrounding area. In cases in which the
development or activity must also comply with
PUP and /or subdivision regulations, the permit
hearing required by these regulations should he
held at the same time as the preliminary plat
hearing. Such a waiver of submission
requirements may be granted, after due
consideration by the Permit Authority, upon a
written determination that the information to be
5C)
y
submitted is sufficient for the Permit Authority
to arrive at a permit decision in full
compliance with the law and these regulations
and that the proposed development will have an
insubstantial impact on the surrounding area.
2) The petition shall be considered and the
decision rendered by the Permit Authority at a
public hearing held in substantial compliance
with the provisions of Subsection 6.01 .25 of the
Administrative Regulations adopted by this
jurisdiction.
3) In the event the waiver request is denied, the
applicant shall provide the required additional
information on or before five (5) days prior to
the date set for hearing of the application
itself. if the applicant fails to provide such
information, the Permit Aut_horit-r may in its
discretion vacate the public hearing on the
application itself and require complete
reapplication, or may continue the hearing in
accordance with Subsection 6.01.26(1).
0.04.15 Approval of Permit Application
Amended by 1) A permit application for a major extension of
Resolution existing domestic water or sewage treatment
No. 84 -20 system shall be approved, with reasonable
Dated: 5/9/84 conditions, if any, in the discretion of the
Permit Authority, if. the proposed development
complies with the following criteria:
a) Major extensions of domestic water and
sewage treatment systems shall be permitted
in those areas in which the anticipated
growth and development that may occur as a
result of such extension can be
accommodated within the financial and
environmental capacity of the development
area and source development area to sustain
such growth and development;
b) The proposed development does not conflict
with an approved local master plan or other
applicable regional, state or federal land
use or water plan;
C) The proposed development does not adversely
affect either surface or sub - surface water
rights of upstream or downstream users
within the development area and source
60
development area;
d) Adequate water supplies as determined bv_
the Colorado Department of Realth are
available for efficient operational needs;
e) Existing domestic water treatment systems
servicing the area must be at or near
operational capacity;
f) Existing domestic sewage treatment
facilities servicing the area must be at or
greater than eighty per cent (80 %) of
operational capacity;
g) The scope and nature of the proposed
development will not compete with existing_
water and sewage services or create
duplicate services;
h) Age of existing water and sewage systems,
operational efficiency, state of repair, or
level of treatment is such that replacement
is warranted;
i) Area and community development and
population trends demonstrate clearly a
need for such development;
j) Existing facilities cannot be upgraded or
expanded to meet waste discharge permit
conditions of the Colorado Ilater ruality
Control Commission;
k) Appropriate easements can be obtained for
any associated collector or distribution
system that will serve existing and
proposed needs;
1) The benefits of the proposed development
outweigh the losses of any natural
resources or agricultural lands rendered
unavailable as a result of tree proposed
development;
M) The proposed development will not decrease
the quality of peripheral or downstream
surface or subsurface water resources below
that designated b�7 the Colorado Water
Quality Control Commission as established
on May 22, 1979, and effective Julv 10,
1979, or more stringent standards
of
3
subsequently adopted;
n) The proposed development or its associated
collector or distribution system or new
service areas will not violate federal or
state air quality standar(q.s;
o) The proposed development or its associated
collector or distribution system 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, and unique areas of
geologic, historic or archaeological
importance;
p) The proposed development or its associated
collector or distribution system will not
significantly degrade existing natural
scenic characteristics, create blight, or
cause other nuisance factors such as
excessive noise or obnoxious odors;
q) The proposed development or its associated
collection or distribution system will not
create an undue financial burden on
existing or future residents within the
development area and source development
area. The cost of securing an adequate
supply of water For existing and future
needs of the residents of the Countv shall
be considered in determining whether an
"undue financial burden" will result;
Amended by r) The development site of a proposed major
Resolution extension of an existing domestic water. or
No. 84 -20 sewage treatment system is not subject to
Dated: 5/9/84 significant risk from earthquakes, floods,
fires, snowslides, landslides, avalanches,
rockslides or other disasters which could
cause a system operational breakdown;
S) Any proposed domestic water treatment and
distribution system is capable of providing
water meeting the requirements of the
Colorado Department of Health.
62
3
t) The construction of structures, buildings,
and improvements associated with the
proposed development will not significantly
impact existing or proposed communities
within the development area and source
development area.
21 The permit shall he denied if the applicant
fails to satisfy all the criteria outlined in
Subsection 6.04.15(1).
ADMINISTRATION, EOPORCrWRT alln PFNALTrr.,S
6.04.16 Administration, Enforcement, and Penalties
The provisions of these Regulations and any permits
issued hereunder shall be administered and enforced
according to the provisions of the Administrative
Regulations adopted by this County.
6.04.17 Severability
If any section, clause, provision, or portion of these
Regulations should be found to he unconstitutional or
otherwise invalid by a court of competent
jurisdiction, the remainder of these Regulations shall
not be affected thereby and is hereby declared to be
necessary for the public health, safety and welfare.
63
6.05 EFFICIENT UTILIZATION OF MUNICIPAL AND INDUSTRIAL
WATER PROTECTS
GENERAL AND INTRODUCTORY PROVISIONTS
6.05.01 Title and Citation
These various sections constituting Section 6.05 of
the "Guidelines and Regulations for Areas and
Activities of State Interest of the County of Eagle,
State of Colorado" may be cited as the "Regulations
for Municipal and Industrial Water Projects" of the
County of Eagle.
6.05.02 Purpose and Intent
The purpose and intent of regulations contained in
this Section 6.05 shall be to:
1) Insure that municipal and industrial water
projects are developed in a manner so as to
emphasize the most efficient use oEwater,
including, to the extent permissible under law,
the recycling and reuse of water;
2) Insure that urban development, population
densities, and site layout and design of
stormwater and sanitation systems shall be
accomplished in a manner that will prevent the
pollution of aquifer recnar.ae areas;
3) Insure that municipal and industrial water
projects are developed in such a manner so as
not to pollute rivers, streams, lakes,
reservoirs, ponds and aquifer recharge areas
within the source development area;
4) Insure that the off -site impacts of municipal
and industrial water projects are effectively_
mitigated.
6.05.03 Definitions
1) Aquifer Recharge Area
Aquifer Recharge Area means any area where
surface waters may infiltrate to a water bearing
stratum of permeable rock, sand or gravel. This
definition will also include wells used for
disposal of wastewater or other toxic
pollutants.
64
6.0.5.04
6.05.05
2) efficient Use of Water
Efficient Use of Pater means the employment of
methods, procedures, techniques, and controls to
insure that the amount of water and the purpose
for which water is used will yield the greatest
possible benefit to the greatest number of
people. Such benefits will consider, but not be
limited to, economic, social, aesthetic,
environmental and recreational.
3) * municipal and Industrial Water Project
Municipal and Industrial later Project means a
system and all integrated components thereof
through which a municipalitv(ies) and /or
industry derives its water supply from either
surface or subsurface sources. This includes a
system and all integrated components thereo_
through which a municipality or industry derives
.eater exchanged or traded for water it uses for
its own needs. This term also includes
stormwater and wastewater disposal systems of a
municipality(ies) and /or industry.
4) Recycling
Recycling means the treatment of wastewater in a
manner that will replenismi its quality to the
standard established by the Colorado Department
of Public Health where permissible by Colorado
water law.
5) Source Development Area
Source Development Area ;Weans that geographic
area or region wholly or partially within the
unincorporated territory of this County which
will be developed or altered in connection with
the development of a municipal or industrial
water project as these terms are defined in
Subsection 6.05.03(3).
Authority
These Regulations are adopted pursuant to inter alia,
Section 24 -65.1 -101, et seq., and Section 29 -20 -101,
et seq., C.R.S.
Applicability
65
PERMIT APPLICATIOR AND PERMITS
6.05.10 Application Procedure
The procedures concerning permit applications, notice
and conduct of permit hearings, review of Permit
Authority decisions, and the issuance and content of
permits to engage in development of a municipal or
industrial water project shall comply with the
provisions set forth in Subsections 6.01.22 through
6.01.31, inclusive, of the Administrative Regulations
adopted by this County.
6.05.11 Prohibition of Development of municipal and Industrial
Water Projects
1) No person may engage in development of a
municipal or industrial �•aater project in the
unincorporated territory of this County without
first obtaining a permit pursuant to these
Regulations.
2) No local authority shall issue a building permit
67
for purposes of developing or construction of a
municipal or industrial water project without
the applicant first having obtained a
_permit
pursuant to these Regulations.
6.05.12
Application for Permit
Amended by
1) Any person seeking to engage in development of a
Resolution
municipal or industrial water project within the
No. 84 -20
unincorporated territory of this Countv shall
Dated: 5/9/84
apply for a permit from the Permit Authority on
the appropriate form prescribed by these
regulations, at Exhibit 6, and maintained in the
office of the Department of Community
Development of this County.
2) Not later than ten (10) days following receipt
of a completed application for a permit to
locate or construct a muncipal or industrial
water project, the Permit Authority shall
determine and set a fee in an amount necessary
to cover the costs incurred in the review and
approval or disapproval of the permit
application, including all hearings conducted
therefor, and shall notify the applicant in
writing of said fee and its amount. Not later
than ten (10) days following
67
1) These Regulations shall apply to development of
municipal and industrial water projects wholly
or partially within the unincorporated territory
of this County.
Amended by 2) A permit under these regulations shall be
Resolution required prior to or in conjunction with
No. 84 -20 subdivision, PilD or preliminary plan approval,
Dated: 5/9/84 but in every case must be obtained prior to
commencement of construction of the project.
6.05.06 Relationship to Other Requirements
1) Nothing in these Regulations shall be construed
as exempting an applicant for a permit from any
other requirements of this County or other state
or federal laws and regulations.
2) To the extent that the requirements of these
Regulations differ from anv other applicable
requirements, the more restrictive requirements
shall apply.
DESIGNATION OF EFFICIENT UTILIZATION OF MUNICIPAL
AND INDUSTRIAL wATF,R PROJECTS
6.05.07 Designation of Efficient Utilization of Municipal and
Industrial Water Projects
The Board of County Commissioners having considered
the intensity of current and. foreseeable development
Pressures and applicable Guidelines for Identification
and Designation adopted and issued by the Colorado
Land Use Commission, it is the order of the Board of
County Commissioners that efficient utilization of
municipal and industrial water projects be designated
a matter of State interest and regulated pursuant to
the provisions of this Section 6.05.
6.05.08 Boundaries of Area Covered b_y Designation
Development of municipal and industrial water projects
within the unincorporated territory of this County
shall he subject to this designation and regulation.
6.05.09 Reasons for Designation
Development of municipal and industrial water projects
is hereby designated as a matter of State interest `or
the reasons stated in Subsection 6.05.02.
66
his receipt of such notice, the applicant shall
present to the Permit Authority nonrefundable
certified funds in the amount set. ;?ntil the
fee is paid to the Permit Authority, the
application shall not be further processed.
6.05.13 Submission Requirements
An application for a permit to engage in development
of a municipal or industrial water project shall be
accompanied by five (5) copies of the following
documents and information:
1) An abstract of the proposal indicating the scope
and need for the development;
2) Preliminary review and comment on the proposal
by the appropriate agencv of the Colorado
Department of Natural Resources and the Colorado
Department of Health within sixty (60) days;
3) Alternative potential site locations and degree
of feasibility of each;
4) Proponents of proposal:
a) Names, addresses, and business of all
interests 'Proposing the development_ of a
municipal or industrial water project;
b) Name and qualification of person(s)
responding to the requirements of these
Regulations.
5) A detailed report on the proposed municipal or
industrial water project to include:
a) Location and scope of the proposed project;
b) Current and future needs for such
development;
c) Inventory of existing water projects
presently serving the municipality or area
in question and excess service capacity_ of
each project;
d) Population trends, projections and growth
rates (if a municipal project);
e) Primary source of proposed water resource.
68
6) Verification that the proposed water project
will not conflict with federal, state, regional,
or County planning policies or regulations
applicable to land or water resources;
7) Detail proposed methods of insuring efficient
use of water resources within the municipality
or industrial area and the source development
area. Such methods should consider metering of
all users, examination of rate structure to
discourage waste and recycling of water for
reuse where permissible by Colorado water law;
B) Provide a description and detailed engineering
plans and specifications of the proposed
construction of structures, buildings, and
improvements associated with the project and the
financial and environmental impacts thereof on
the community or surrounding_ areas within the
development area and source development area;
9) In instances where municipal or industrial
wastewater or stormwater dis_nosal methods are
not subject to and regulated by other state
and /or federal statutes or regulations, detail
the proposed methods by which stormwaters or
wastewaters will be prevented from contaminating
aquifers;
10) Provide assurance that the proposed municipal or
industrial water project is capable of supplying
water of a quality to be determined by the
Colorado Department of Health;
11) Identify and locate on a map of an appropriate
scale the juxtaposition of any of the following
features present in the source development area
and detail the potential impact of the municipal
or industrial water project upon each feature:
a) Marshlands and wetlands,
b) Groundwater recharge areas,
c) Potential natural hazards,
d) Forests and woodlands,
e) Critical wildlife habitat,
f) Public outdoor recreation areas,
69
g) Unique areas of geologic, historic and
archaeological importance, and
h) Critical aquatic life habitat.
12) Describe the potential adverse effects of the
diversions of water from the source development
area upon plant and animal life dependent upon
the water resources in question;
13) Describe and indicate on an appropriate map
relevant surface water bodies (streams, lakes,
reservoirs, etc.) and groundwater aquifers in
the source development area and their uses.
Describe the effects of the diversion of water
for the municipal or industrial water project on
the above - detailed water seature(s) including
the effects on present mater quality, current
and foreseeable uses;
14) Detail the present zoning of the land in the
source development area;
15) Detail the agricultural Productivity capability
of the land in the source development area (SCS
classification) and describe the potential
effects of the diversion of water for the
municipal or industrial water project on that
agricultural productivity capability;
lo) The applicant will present technical material
describing and quantifying the impact the
proposed development will have upon salinity, or
Total Dissolved Solids (TDS) in the Colorado
River, and shall formulate and propose a plan
for the mitigation of such impacts. The Permit
Authority shall apply the following, standards
for the determination of compliance with this
subsection:
a) Colorado River Salinit�7 (TDS) will be
maintained as prescribed by "?•. *ater Quality
*Management Plan -- Colorado River Basin,
Appendix r.., Colorado Department of Health,
October, 1975."
b) In order to offset salinity increases,
Projects subject to these Regultions which
divert water from the natural drainage of
the Colorado River within the County will
be required to offset salinity increases by
mitigation measures designed to insure that
70
the cost of the present and Prospective
uses of water and land within the natural
drainage of the Colorado River within the
State of Colorado shall not he increased.
Said mitigation measures shall he
determined by the Permit Authoritv.
C.) In applying the standards set forth in this
subsection, supra, the Permit Authoritv
shall he guided by the following criteria
in the identification and selection o`
mitigation measures;
(1) First preference shall be given to
eliminating salinity sources within
the County, second to sources within
Planning and Management Region XTI,
third to sources within the State of
Colorado.
(2) No mitigation measure shall be
selected which results in the
removal of lands from irrigated
agriculture within the natural
drainage of the Colorado River
within the State of Colorado.
(3) Preference shall be given to the
compensatory storage of water within
the natural drainage of the Colorado
River within the State of Colorado.
(4) The extent of mitigation shall be
determined by comparison of the
measured five -year average salinity
in Lake Powell prior to the
diversion and the calculated effect
on the average salinity in Lake
Powell after the project.
(5) Any otli.er or different limitation
which may be required by the
circumstances and effect of the
proposed project.
17) Increased Domestic and /or municipal Water
Treatment Costs and /or Wastewater Treatment
Costs:
The applicant shall submit a plan to offset
increased domestic and /or municipal water
treatment and /or wastewater treatment necessary_
to meet water quality standards and. determined
to be a direct result of flow modification
71
through changes in the transport of nutrients,
total dissolved solids, hardness, minerals or
other pollutants due to the operation of any
project facilities proposed by the applicant.
This may be accomplished either by construction
and operation of additional domestic and /or
municipal water treatment facilities and /or
wastewater treatment facilities made necessary
by the reduction in flow, or the applicant may
elect to pay a `ee in lieu of those mitigation
measures. This fee will be based upon the
additional costs of domestic and /or municipal
treatment and /or wastewater. treatment (capital,
operation and maintenance); and it will be used
exclusively for meeting the costs of such
additional domestic and /or municipal treatment
and /or wastewater treatment;
13) Any demographic data needed to fulfill the
requirements of these Regulations shall be
consistent with those used for the 208 areawide
waste treatment management planning;
Amended by 191, Describe potential effects of the proposed
Resolution development on eutrophication, wasteload
No. 84 -20 allocations an:1 water quality of the Eagle River
Dated: 5/9/84 and any existing or proposed reservoirs in the
County;
Amended by
20) Describe the potential effects of the proposed
Resolution
project on the above - detailed water Features,
No. 84 -20
including the effects on present water quality
Dated: 5/9/84
and current uses. Include a detailed statement
of the proposed project's impact upon the total
dissolved solids and hardness of the Eagle River
measured at Dowd Junction and Dotsero and of the
Colorado River and the Roaring Fork River
measured at the Garfield -Eagle County line,
respectively;
21) For each alternative site or expansion area
being considered by the applicant, the
information specified in subsections (1) through
(20) of this Subsection 6.n5.13.
Amended 6.05.14
Waiver of Submission Requirements
by Resolution
No. 84 -20
1) The Permit Authority may waive any part but not
Dated: 5/9/84
all of the submission requirements imposed by
this regulation upon petition of the applicant
that full compliance with the submission
requirements would be unreasonably burdensome
72
for the applicant and that the proposed
development will have an insubstantial impact on
the surrounding area. In cases in which the
development or activity must also comply with
PLTD and /or subdivision regulations, the permit
hearing required by these regulations should he
held at the same time as the preliminary plat
hearing. Such a waiver of submission
requirements may be granted, after due
consideration by the Permit Authority, unon a
written determination that the information to be
submitted is sufficient for the Permit Authority
to arrive at a permit decision in full
compliance with the law and these regulations
and that the proposed development will have an
insubstantial impact on the surrounding area;
2) The petition shall be considered and the
decision rendered by the Permit Authority at a
public hearing held in substantial compliance
with the provisions of Subsection 6.01.25 of the
Administrative Regulations adopted by this
jurisdiction;
3) In the event the waiver request is denied, the
applicant shall Provide the required additional
information on or before rive (5) days prior to
the date set for hearing of the application
itself. If the applicant fails to provide such
information, the Permit Authority may in its
discretion vacate the public hearing on the
application itself and require complete
reapplication, or may continue the hearing in
accordance with subsection A.01.26(1).
6.05.15 Approval of Permit Application.
Amended by (1) A permit application for development of a
Resolution municipal or industrial water project shall be
N0. 84 -20 approved, with reasonable conditions, if any, in
Dated: 5/9/84 the discretion of the Permit Authority, if the
proposed development complies with the following
criteria:
a) The need for the proposed water project can
be substantiated;
b) Assurances of compatibility of the proposed
water project with federal, state, regional
and County planning policies reqarding -.and
use and water resources;
c) Municipal and industrial water projects
73
shall emphasize the most efficient use of
water., including, to the extent permissible
under existing law, the recycling and reuse
of water. Urban development, population
densities, and site layout and design of
stormwater and sanitation systems shall be
accomplished in a manner that will prevent
the pollution of aquifer recharge areas;
d) Provisions to insure that the proposed
water project will not contaminate surface
water resources;
e) The proposed water project is capable of
providing water pursuant to standards of
the Colorado Department of Health;
f) The proposed :?iversion of water From the
source development area will not decrease
the quality of peripheral or -lownstream
surface and subsurface water resources in
the source development area below that
designated by the Colorado Plater duality
Control Division on Play 22, 1979, and
effective July 10, 1979, or more stringent
standards subsequently adopted;
g) The proposed development and the potential
diversions of water from the source
development area will not significantly
deteriorate aquatic habitats, marshlands
and wetlands, groundwater recharge areas,
steeply sloping or unstable terrain,
Forests and woodlands, critical wildlife
habitats, 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 of
geologic, historic or archaeological
importance;
h) The salinity and advanced wastewater
treatment offset plans required by
Subsections 6.05.13(16) and (17) have been
approved by the Permit Authority and
required fees associated therewith, if any,
have been paid;
i) The construction of structures, buildings,
and improvements associated with the
Proposed development will not significantly
74
6.05.16
6.05.17
impact existing or proposed communities
within the development area and source
development area.
2) The permit shall be denied if the applicant
fails to satisfy all the criteria outlined
above.
ADMITJISTR.ATION, EPTFORCEMPNT AND PENALTIRS
Administration, Enforcement and Penalties
The provision of these Regulations and anv permits
issued hereunder shall be administered and enforced
according to the provisions of the Administrative
Regulations adopted by this County.
Severability
If anv section, clause, provision, or portion of these
Regulations should he round to be unconstitutional or
otherwise invalid by a court of competent
jurisdiction, the remainder of these Regulations shall
not be affected thereby and is hereby declared to be
necessary for the Public health, safety and welfare.
75
EXHIBIT 6
APPLICATION FOR A PERMIT
TO CONDUCT A DESIGNATED ACTIVITY OF STATE INTEREST
OR TO ENGAGE IN DEVELOPMENT
IN A DESIGNATED AREA OF SPATE INTEREST
TO: Permit Authority.
(Name of Jurisdiction)
RE: , a matter of State Interest.
FROM:
Applicant's Name)
(address)
Telephone
Date Submitted:
Date Received:
1. MATTER OF STATE INTEREST
The applicant requests that a permit be issued for
each of the items checked below:
A permit to engage in development in one or more of
the following areas of State Interest:
( ) Flood hazard areas
A permit to conduct one or more of the following
activities of State Interest:
( ) Site selection and construction of major
new domestic water and sewage treatment
systems.
( ) 'Iajo.r extensions of existing domestic crater
and sewage treatment systems.
( ) Efficient utilization of municipal and
76
industrial water projects.
2. PROPOSED ACTIVITY OR DEVELOPMENT
General description of the specific activity or
development proposed (attach additional sheets if
necessarv):
3. GENERAL DESCRIPTION
A general, non -legal description and the Popular name,
if any, of the tract of land upon Maich the activity
or development is to be conducted (attach additional
sheets if necessary):
4. LEGAL DESCRIPTION
The legal description, inclndinq the acreage, of the
tract of land upon which the development or the
activity is to be conducted, by metes and bounds or by
government survey description (,attach additional
sheets if necessary:
5. 06VNR°S AND INTERESTS
Set out below the names of those persons holding
recorded legal, equitable, contractual and option
interests and any other person known to the applicant
having an interest in the property described in
paragraph 4, above, as well as the nature and extent
of those interests for each person, provided that such
recorded interests shall be limited to those which are
77
recorded in the County Pecorder's Office of this
jurisdiction, the land office of the Pureau of Land
Management for this State, the Office of the State
Board of Land Commissioners of the Department of
Natural Resources, or the Secretary of State's Office
of this State (attach additional sheets if
necessary):
6. SUPMISSION REQUIREMENTS
Submission requirements described in the regulations
which have been adopted by this jurisdiction for each
of the activities or areas checked in paragraph 1,
above, are attached to this application. Those
attachments are identified, by letter or number, and
described by title below:
7. DESIGN AND PERFORMANCE STANDARDS
The attached analyses show that each of the design and
performance standards set forth in the regulations for
each of the activities or areas checked in paragraph
1, above, will be met. The individual analyses is
identified by reference to the appropriate paragraph
or section numbers corresponding to each standard in
the appropriate regulations adopted by this
jurisdiction.
8. MASTER PLAN
a. Does this activity or development comply with
the Master Plan of this jurisdiction?
Yes No
78
b. If it does not comply, please explain now it
does not appl.v:
9. ADDITIONAL INFORMATION REQUIRF..D BY LOCAL
(30WERNMENT
Attach any additional information required by this
jurisdiction.
10. DURATION OF PERMIT
The applicant requests a permit for a period of
APPLICANT
BY:
(Name
TITLE:
NOTE: Within ten (10) days following receipt of a completed
application for a permit, the Permit Authority shall determine
and set a fee in an amount necessary to cover the costs incurred
in the review and approval of the permit application, including
all hearings conducted therefor, and shall notify the applicant
in writing of said fee and its amount. ?NTOt later than ten (10)
days following his receipt of such notice, the applicant shall
present to the Permit Authority non - refundable certified funds
in the amount as set. Until the fee is paid to the Permit
Authority, the application for a permit shall not be further
processed.
79
9
3 ,z
EXHIBIT 6
APPLICATION FOR A PERMIT
TO CONDUCT A DESIGNATED ACTIVITY OF STATE INTEREST
OR TO ENGAGE DT DEVELOPMENT
IN A DESIGNATED AREA OF STATF D71FRRST
TO: Permit Authority,
Name of Jurisdiction)
RE: a matter of State Interest.
FROM:
(Applicant's Name
l,ddress
Telephone,
Date Submitted:
Date Received:
1. MATTER. OF STATE INTEREST
The applicant requests that a permit be issued for
each of the items checked below:
A permit to engage in development in one or more of
the following areas of State Interest:
( ) Float hazard areas
A permit to conduct one or more of the following
activities of State Interest:
( ) Site selection and construction of major
new domestic water and sewage treatment
systems.
( ) Major extensions of existing domestic water
and sewage treatment systems.
( ) Efficient utilization of municipal and
76
industrial water projects.
2. PROPOSED ACTIVITY OR DEVELOPMENT
General description of the specific activity or
development proposed (attach additional sheets if
necessary):
3. GENERAL DESCRIPTION
A aeneral, non -legal description and the popular name,
if any, of the tract of land upon which the activity
or development is to be conducted (attach additional
sheets if necessary):
4. LMEAL DESCRIPTION
The legal description, including the acreage, of the
tract of land upon which the development or the
activity is to be conducted, by metes and bounds or by
government survey description (attach additional
sheets if
necessary):
5. OWi ERS AND IIgTERRSTS
Set out below the names of those persons holding
recorded legal, equitable, contractual and option
interests and anv other person known to the aonlicant
having an interest in the property described in
paragraph 4, above, as 4re11 as the nature and extent
of those interests for each person, provided that such
recorded interests shall be limited to those which are
77
V
recorded in the County Recorder's Office of this
jurisdiction, the land office of the Bureau of Land
Management for this State, the Office of the State
Board of Lard Commissioners of the Department of
Natural Resources, or the Secretary of State's Office
of this State (attach additional sheets if
necessary):
6. SUP,tfiTSSION RRQIJIP.FIM]TS
Submission requirements described in the regulations
which have been adopted by this jurisdiction for each
of the activities or areas checked in paragraph 1,
above, are attached to this application. Those
attachments are identified, by letter or number, and
described by title below:
7. DESICdi AND PF'RFORMANCF STANDARDS
The attached analyses show that each of the design and
performance standards set forth in the regulations for
each of the activities or areas checked in paragraph
1, above, will be met. The individual analyses is
identified by reference to the appropriate paragraph
or section numbers corresponding to each standard in
the appropriate regulations adopted by this
jurisdiction.
S. MSTER PLAN
a. Does this activity or development comply with
the Plaster Plan of this jurisdiction?
Yes Pb
78
b. If it does not comply, please explain how it
does not apply:
9. ADDITIONAL =FORMATION REQUIP.EL BY LOCAL,
G0�7EPNMENT1
Attach any additional information required by this
jurisdiction.
10. DURATION OF PERMIT
The applicant requests a permit for a period of
APPLICANT
BY:
(Name)
TITLE:
NOTE: Within ten (10) days following receipt of a completed
application for a permit, the Permit Authority shall determine
and set a fee in an amunt necessary to cover the costs incurred
in the review and approval of the permit application, including
all hearings conducted therefor, and shall notify the applicant
in writing of said fee and its amount. Not later than ten (10)
days following his receipt of such notice, the applicant shall
present to the Permit Authority non - refundable certified funds
in the amount as set. Until the fee is paid to the Permit
Authority, the application for a permit shall not be further
processed.
,w
79
