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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.
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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.
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(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.
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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.
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.
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
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