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HomeMy WebLinkAboutR01-062 1041 for River Ranch PUD75573 � 5V qL Page: 1 of 6 04/30/2001 11:528 Sara J Fisher Eagle, CO 370 R 0.00 D 0.00 Commissioner _ moved adoption of following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2001- 662A APPROVAL OF PERMIT FOR SITE SELECTION AND CONSTRUCTION OF MAJOR NEW DOMESTIC WATER AND SEWAGE TREATMENT PLANTS TO SERVE THE COLORADO RIVER RANCH PUD AND EFFICIENT UTILIZATION OF MUNICIPAL WATER PROJECTS File Number 1041 -0034 WHEREAS, White Hawk Investments, Inc. Formerly known as Falcon Realty, LLC and River Ranch Development, LLC (hereinafter "Applicant "), submitted to the Eagle County Department of Community Development an application for site selection and construction of major new domestic water and sewage treatment systems and efficient utilization of municipal water projects; and, WHEREAS, this application proposed the construction of a new water treatment plant that will serve the Colorado River Ranch PUD located approximately 11 miles North of the Interstate 70 Dotsero interchange on the Colorado River Road. The treatment capacity of the plant is to be 20,000gpd with a peak output of 50,000gpd that utilizes a surface water diversion from the Colorado River. Storage capacity for the potable water system is 200,000 gallons. The wastewater treatment and collection system will consist of two force mains, two lift stations, and gravity sewer, which are all connected to a central sewage treatment plant that will have a capacity of 20,180gpd. The wastewater will be treated at the package treatment plant using an activated sludge- extended aeration treatment system. Effluent will be discharged into two absorption fields; and, WHEREAS, the Eagle County Planning Commission conducted a public hearing on December 20, 2000, after publication and notice as required by law, to consider Applicant's request to conduct the following activities of state interest: 6.03: Site Selection and Construction of Major New Domestic Water and Sewage Treatment Systems. 6.05: Efficient Utilization of Municipal Water Projects. WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the Eagle County Permit Authority, conducted a public hearing on March 6, 2001, 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 Sections 6.03 and 6.05 of the County Land Use C Regulations: C In accordance with Section 6.03.15 (Site Selection and Construction of Major New Domestic Water and Sewage Treatment Systems) of the Eagle County Land Use Regulations, and as more specifically described in the application for Upper Eagle Regional Water Authority— Edwards Drinking Water Facility: a) 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 communities within this County within the development area and source development area. 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 subsurface water rights of upstream or downstream users. d) Adequate water supplies, as determined by the Colorado Department of Health, 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 percent (80 %) of operational capacity. g) The scope and nature of the proposed development will not compete with existing water and sewer service 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 Water Quality Control Division. k) Appropriate easement 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 2 C resources or agricultural lands rendered unavailable as a result of the proposed development. m) The proposed development will not decrease the quality of peripheral or downstream surface or subsurface water resources below that designated by the Colorado Water Quality 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 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. q) The proposed development 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 Subsection 6.03.13(7)b)6) and 6.03.13(8)e) have been approved by the Permit Authority 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. In accordance with Section 6.05.15 (Efficient utilization of municipal water projects) of the Eagle County Land Use Regulations, and as more specifically 3 c described in the application for Upper Eagle Regional Water Authority -- Edwards Drinking Water Facility: 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 regarding land use and water resources. C) Municipal and industrial water projects 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 storm water 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 diversion of water from the source development area will not decrease the quality of peripheral or downstream surface and subsurface water resources in the source development area below that designated by the Colorado Water Quality Control Division on May 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 advance 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 impact existing or proposed communities within the development area and source development area. In accordance with Section 3 -310.I (2) of the Eagle County Land Use Regulations -- Waiver Provision of the Special Review Use permit requirements: 2. The Special Review Use permit requirements for major new domestic water or sewer FH C. systems, major extensions of such systems, and municipal and industrial water projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant that: b. That compliance with the special use permit requirements would be unreasonably burdensome for the applicant. FINDINGS: The applicant has requested a waiver of the special use 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, applicant's request for waiver of the special use permit requirements in accordance with Section 3 -310.I (2) of the Eagle County Land Use Regulations is hereby granted. THAT, the Board of County Commissioners hereby approves this permit application. THAT, the Board of County Commissioners directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the permit for Site Selection and Construction of Major New Domestic 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: All material representations made by the applicant during the conduct of the permit hearing become conditions of approval. 2. Lift stations associated with the sewage collection shall be equipped with dual pumps, alarms, and backup generators. 3. Site specific geotechnical investigations that coincide with and refer to construction drawings associated with this infrastructure be performed by HP Geotech, or a qualified geotechnical engineer, prior to construction of the sewage collection system, the wastewater treatment plant, water distribution system, water treatment facility, and potable water storage tank. 4. A Stormwater Management/Erosion Control Plan be submitted to and approved by the Department of Community Development prior to issuance of any building or grading permit associated with this development. The detention standards criteria for the stormwater management plan must include 40 -hour detention of the 0.5 inch in 24 -hour event with no more than 50% of the stored volume being released in 12 hours. 5. A Dust Suppression Plan be submitted to and approved by the Department of Community Development prior to receipt of any building or grading permit associated with this development. 5 6. A Golf Course Management Plan, which includes an Integrated Pest Management Plan, be submitted to and approved by the Department of Community Development prior to receipt of any building or grading permit associated with this development. 7. Groundwater monitoring shall continue in perpetuity so long as the wastewater system remains in operation. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the cit' agle County. By: Sara J. Fisher Clerk to the Board of County Commissioners K UV—K•" Chairman Commissioner Michael L. Gallagher, Commissioner Q seconded adoption of the foregoing resolution. The roll having been called, the vot was as follows: Commissioner, Tom C. Stone Commissioner, Michael L. Gallagher Commissioner, Johnnette Phillips This Resolution passed by C3. " 0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. M .