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HomeMy WebLinkAboutR07-046 Black Lake No. 1 1041 Permit " Commissioner moved adoption BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007- f) LLIo APPROVAL OF A 1041 PERMIT TO ALLOW THE SECOND ENLARGEMENT OF BLACK LAKE NO.1; LOCATED ON THE SOUTH AND WEST SIDE OF THE VAIL PASS SUMMIT File Number 1041-0068 WHEREAS, the Eagle River Water & Sanitation District, (hereinafter "District"), submitted to the Eagle County Department of Community Development an application for the second enlargement of Black Lake No. 1. Specifically, to modify the dam spillway to raise the reservoir surface elevation by 4 feet and increase the capacity of the spillway. Additionally, the operational plan for the reservoir will be modified to allow utilization of approximately 18 acre- feet of storage below the currently established minimum pool. The proposed modifications will increase the active storage capacity of Black Lake No.1 from 227 acre-feet to 352 acre-feet, thereby providing an additional 125 acre-feet of active storage capacity for water rights augmentation, instream flow enhancement in Gore Creek, and other uses in the Eagle River. The total storage capacity of the reservoir will be increased from 362 acre- feet to 469 acre-feet. The District intends to utilize the 125 acre-feet of additional storage at Black Lake No.1 to provide supplemental water for the Vail Golf Course and for augmentation of water rights and instream flow purposes during summer, fall and winter low flow periods. The District further proposes to modify the existing operating plan for the reservoir to allow more flexible utilization of Black Lakes in a manner that would coordinate releases from storage with operations of the interconnecting water main and the future treatment plant in Vail that would use Dowd Junction intake water. The expected public benefits of the proposed second enlargement of Black Lake No.1 also include enhanced reliability of the domestic water supply systems that serve the Town of Vail and other communities along the Eagle River below Gore Creek. For example, these water supply systems are potentially vulnerable to contamination from accidents on 1-70 west of V ail Pass or on Highway 24 north of Tennessee Pass. The operational flexibility provided by Black Lakes storage in combination with the other water supply system improvements described above will enhance system reliability in case of such events. 1 WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on March 13, 2007 to consider the Application; and WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence, exhibits and arguments presented at and prior to the hearings. WHEREFORE, based on the evidence presented, the Permit Authority makes the following findings with regard to the Application as it pertains to Section 6.04.01,6.04.02 and 6.04.03 of the County Land Use Regulations: Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Permit Application Approval Criteria for Matters of State Interest. and as more specifically described in the application materials. (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained all necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the application until outstanding property rights, permits and approvals are obtained. (2) The Project will not impair property rights held by others. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. (5) The Project is technically and financially feasible. (6) The Project is not subject to significant risk from natural hazards. (7) The Project will not have a significant adverse effect on land use patterns. (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services, or exceed the capacity of service delivery systems. (9) The Project will not create an undue financial burden on existing or future residents of the County. (10) The Project will not significantly degrade any current or foreseeable future sector of the local econotny. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. 2 (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. (13) The Project will not significantly degrade air quality. (14) The Project will not significantly degrade existing visual quality. (15) The Project will not significantly degrade surface water quality. (16) The Project will not significantly degrade groundwater quality. (17) The Project will not significantly degrade wetlands and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. (20) The Project will not significantly deteriorate soils and geologic conditions. (21) The Project will not cause a nuisance. (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. (23) The Project will not result in unreasonable risk of releases of hazardous materials. (24) The benefits accruing to the County and its citizens from the Project outweigh the losses of any natural, agricultural, recreational, grazing, commercial or industrial resources within the County, or the losses of opportunities to develop such resources. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Pro;ects. and as more specifically described in the application materials. (1) The Project shall emphasize the most efficient use of water, including the recycling, reuse and conservation of water. (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. 3 I THAT, the Board of County Commissioners hereby directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the permit for Major Extension of Existing Water and Sewage treatment Systems and for Efficient Utilization of a Municipal Water Project be and is hereby conditionally granted subject to the following conditions of approval: 1. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. All permits and approvals necessitated by this 1041 Permit must be successfully obtained prior to site disturbance for the Project. 3. The applicant should supply a Dust Suppression Plan, Storm Water Management Plan and Erosion Control Plan with application for Grading Permit. 4. Construction activities should be timed with the Division of Wildlife to avoid impacting spawning trout. 5. The Annual Report required pursuant to the original 1041 Permit approving the first enlargement of Black Lake No.1 (Resolution No. 91-12, Section II, paragraph 3) is hereby amended to require that the applicant submit to the Eagle County Permit Authority an Annual Report that focuses on the status of environmental mitigation and operation measures proposed or required under the original permit. This Report will be submitted within 60 days of the end of each water year until such time as these measures have been documented as having been successfully implemented. The wetlands mitigation measures will be deemed successful when a 2:1 ratio of wetlands replacement or protection has been achieved and documented. Any wetlands mitigation proposed in the original permit proven to be successful will not need to be addressed in subsequent Annual Reports. The Annual Reports will also address the wetland mitigation plan as proposed in this 1041 Permit amendment and will be submitted annually until such time as a 1: 1 ratio of wetland replacement or protection has been achieved. The aforementioned Annual Reports will no longer be required once all environmental mitigation and operation measures associated with Black Lake Enlargement projects have been deemed successful by the Eagle County Department of Environmental Health. Reports submitted to Divisions of the Colorado Department of Natural Resources (CDNR) that demonstrate compliance with the terms of the agreement between the applicant and CDNR will be copied to the Eagle County Permit Authority. THAT, the Board of County Commissioners hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. 5 . MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this 16th day of April, 2007, nunc pro tunc to the 13th day of March, 2007. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ~ Teak J. Simonton Clerk to the Board of County Commissioners ATTEST: --.JJAi> g ~~,._ Sara J. Fish , CommIssIOner Commissioner ~ ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Am M. Menconi Commissioner, Peter F. Runyon Commissioner, Tom C. Stone ~ ~f This Resolution passed by J I 0 the County of Eagle, State of Colorado. vote of the Board of County Commissioners of 6