HomeMy WebLinkAboutR01-087 1041 for Nova Guidesq1
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Commissioner L/ f't ^L moved adoption
o e following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2001- Qa ?
APPROVAL OF PERMIT FOR SITE SELECTION AND CONSTRUCTION OF MAJOR NEW
DOMESTIC WATER AND SEWAGE TREATMENT PLANTS TO SERVE THE NOVA GUIDES
EAGLE COUNTY SITE AND EFFICIENT UTILIZATION OF MUNICIPAL WATER PROJECTS
File Number 1041 -0037
WHEREAS, Nova Guides, Inc. (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 seven septic systems, a primary well
and other improvements as described in the application that will serve the Nova Guides Eagle County
site located approximately 15.5 miles North of State Road 91 on U.S. Route 24.
WHEREAS, the Eagle County Planning Commission conducted a public hearing on June 6, 2001,
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 June 19, 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
Regulations:
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 1041 application for Nova Guides:
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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 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
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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
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.
FINDING: The applicant has requested a waiver of the special use permit requirements, as such
application would serve no finther 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:
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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:
1. All material representations by the Applicant will become conditions of the permit.
2. The site plan associated with the construction drawings submitted with the Building Permit
Application for the lodge must detail the location of existing streams, disturbed areas, impervious
cover and illustrate the implementation of BMP's.
3. No vegetation should be removed, or soil disturbed or covered, within 25 feet of a wetland, stream,
lake, or other waterbody.
THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the
health, sakty and welfare of the,,eiJj7,gns�f Eagle County.
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Michael L. Gallagher, Commissioner
Commissioner seconded adoption of the foregoing resolution. r � g The rill
having been called, the vote was as follows:
Commissioner, T6& •G.` Stone 1z__
Commissioner, Michael L. Gallagher
Commissioner, Arn M Menconi
This Resolution passed by c3 -0 vote of the Board of County Commissioners of the
County of Eagle, State of Colorado.
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