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HomeMy WebLinkAboutR07-092 Eagle Park Reservoir 1041 Permit Commissioner Ofth~lution: moved adoption BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2007- t) q7 APPROVAL OF A 1041 PERMIT TO ALLOW EXPANSION OF THE EAGLE PARK RESERVOIR; LOCATED IN THE HEADWATERS OF THE EAST FORK OF THE EAGLE RIVER File Number 1041-0069 WHEREAS, the Eagle Park Reservoir Company submitted to the Eagle County Department of Community Development an application for the expansion of the Eagle Park Reservoir. Specifically, to modify the dam spillway to raise the reservoir surface elevation by 2.5 feet. The proposed modifications will increase the active storage capacity of the Eagle Park Reservoir from 3,148.3 acre-feet to 3,301.6 acre-feet, thereby providing an additional 153.3 acre-feet of active storage capacity for water rights, in-basin augmentation and instream flow enhancement during critical low-flow periods in the Eagle River. The firm annual yield will increase by 78 acre-feet, from the existing firm yield of 2,013 acre-feet to 2,091 acre-feet. During the critical low stream flow winter months; water use in Eagle County is limited by the senior water rights for the Shoshone Power Plant located on the Colorado River in Glenwood Canyon. When the flow in the Colorado River is not sufficient to fulfill the Shoshone water rights, the power plant places a 'call' on the river which results in the curtailment of water rights that is junior to January 7, 1902. When this call is on, junior water rights on the Colorado River and its tributaries above Dotsero must curtail their diversions unless they have a source of 'augmentation' water that can be released to meet the call. During the fall and winter months, most of the water rights for snowmaking and domestic uses in Eagle County are junior to the Shoshone call and require augmentation. Many water users in Eagle County rely upon Green Mountain Reservoir as their primary augmentation source because there is insufficient storage available in the Eagle River Basin to meet all of the augmentation needs. Furthermore, because Green Mountain Reservoir is located on the Blue River in Summit County, its use for augmentation of water rights in the Eagle River Basin does not mitigate the impacts of diversion on instream flows in Eagle County. Additionally, some of the water rights for snowmaking and domestic uses in Eagle County are junior to instream flow water rights held by the Colorado Water Conservation Board (CWCB) for protection of the Eagle River fishery. Water released from Eagle Park Reservoir to replace downstream out-of-priority water diversions also serves to enhance instream flows during critical 1 low- flow periods. One of the primary purposes of this proposed enlargement of the Eagle Park Reservoir is to provide additional in-basin augmentation water that can be used during periods when the Shoshone call is in effect and when CWCB instream flow water rights on the Eagle River are in priority. Water diversions to storage at Eagle Park Reservoir occur during spring runoff and water releases occur primarily during the late summer, fall and winter months. The Colorado Water Conservation Board has year-round instream flow water rights on the East Fork ofthe Eagle River for 1.5 cubic feet per second from the headwaters to the confluence of Cataract Creek and 2 cubic feet per second from Cataract Creek to the confluence of the South Fork of the Eagle River at Camp Hale. The amount of water released from reservoir storage varies from year to year depending upon the augmentation requirements of the participating water users and stream. flow conditions in the Eagle River. Eagle Park Reservoir currently has a total storage capacity of3,148.3 acre feet and an estimated dry-year yield of2,013 acre-feet. The reservoir stores water from two primary water sources: 1) runoff from the drainage area upstream of the reservoir and; 2) diversions from the Chalk Mountain Interceptor. Water imported to the basin from the Arkansas Well has also been stored in Eagle Park when inflows from the primary sources of runoff have not bee sufficient to fill the reservoir. Under an agreement between Climax Molybdenum Company and Eagle Park Reservoir Company, the right to the use ofthe Arkansas Well water is being returned to Climax . with construction of a diversion facility and Pump Station on the East Fork of the Eagle River. Climax completed construction of the East Fork diversion facility, Pump Station, and pipeline to the reservoir in the fall of2006 under Army Corps of Engineers Permit No.1200675087. Pursuant to the original Eagle County 1041 Permit, the primary purpose of the Pump Station is to . replace the Arkansas Well water that has been used historically to fill the reservoir. Construction related impacts should be minimal with no new areas of disturbance. Construction traffic will utilize existing roads and construction will be limited to the spillway with no modifications to the dam or reservoir bathymetry. During construction, the reservoir level will be reduced to about 2 to 3 feet below the normal high water elevation. The reservoir will be refilled during the spring runoff following construction. The Project will result in the loss of 0.27 acres of jurisdictional wetlands in areas along the existing shoreline of the reservoir which will be inundated when the enlarged reservoir is filled. Wetland mitigation options have been identified that will provide up to 0.54 acres of mitigation. WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on July 10, 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: 2 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 economy. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. (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. 3 (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. (4) Urban development, population densities and site layout and design of storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas. Pursuant to Eagle County Land Use Regulations Section 6.04.03, Additional Criteria Applicable to Ma;or New Domestic Water and Wastewater Treatment Svstems and Ma;or Extensions of Existinz Domestic Water and Wastewater Treatment Svstems, and as more specifically described in the application materials. (1) The Project shall be reasonably necessary to meet projected community development and population demands in the areas to be served by the Project, or to comply with regulatory or technological requirements. 4 (2) To the extent feasible, wastewater and water treatment facilities shall be consolidated with existing facilities within the area. (3) New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. (4) The Project 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 area to sustain such growth and development. Special Use Permit Waiver: In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver Provision, of the Eagle County Land Use Regulations, the Special Review Use. Permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.I.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 3.310.I.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the Special Use Review Permit requirements as such application would serve no further legitimate planning, zoning or other land use objective. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Applicant's request for waiver of the Special Use Permit requirements in accordance with Section 3-310.1.2 of the Eagle County Land Use regulations is hereby granted. 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. 5 2. All permits and approvals necessitated by this 1041 Permit must be successfully obtained prior to site disturbance for the Project. 3. Construction activities should be timed with the Division of Wildlife to avoid impacting spawning trout or any other potential impacts upon wildlife. 4. An annual report is submitted addressing the success of wetland mitigation until such time as a 1: 1 ration of wetland replacement or protection is achieved. 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. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this 14th day of August, 2007, nunc pro tunc to the 10th day of July, 2007. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: BY:~~' Teak J. Simonton Clerk to the Board of County Commissioners slaMl .r;:) kd,~ Sara J. Fisher, Commlss n Commissioner ::f-~ seconded adoption of the foregoing resolution. having been called, the vote was as follows: The roll Commissioner, Am M. Menconi ~ Commissioner, Sara 1. Fisher Commissioner, Peter F. Runyon ~ This Resolution passed by .::f ~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 6 16 15 14 13 19 21 22 23 24 26 JJ Z1 26 25 31 34 35 )3 6 5 6 3 2 7 8 11 12 7 10 18 17 18 17 ;0 19 2J 21 19 23 24 JJ 23 26 Z1 31 32 33 34 4 3 5 8 9 Eagle Park Reservoir e o 0.5 I I I 2 Miles I AJthor: Narracci Date: July4, 2007 Use of this map should be fur genera I an d inb rmation al pu~oses only. Eagle County does n ~ warrant !he accuracy of the data contain ed herein. " EKi.f caJNTY Eagle Park Reservoir AJthor: Narracd Date: July4, 2007 I!I...... /.-..."- ,- . , EI'GE roJNrr' e o I 0.05 0.1 I 0.2 Miles I Use of this map sholJld be for genera I an d inn rmation al purposes only. Eagle County does not (IJ arrant the accuracy ofthe data oontain ed herein.