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HomeMy WebLinkAboutR03-054 Frost Creek and Salt Creek PUD 1041-0044 Approvali e ~~~c Commissioner CGS moved adoption of the follVovwirn`g~'Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2003- _ ~~j~{ APPROVAL OF A PERMIT FOR SITE SELECTION AND CONSTRUCTION OF MAJOR NEW DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS AND TO CONSTRUCT MAJOR EXTENSIONS OF EXISTING DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS AND FOR THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT IN ORDER TO SERVE THE FROST AND SALT CREEK PUD. File Number 1041-0044 WHEREAS, the Adam's Rib, (hereinafter "Applicant"), submitted to the Eagle County Department of Community Development an application for major extensions of its existing domestic water treatment system and sewage collection system to serve the Frost and Salt Creek PUD. WHEREAS, the Eagle County Planning Commission conducted a public hearing on December.l8, 2002, :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. 6.04: Major Extension of Existing Water and Sewage Treatment Systems 6,05: Efficient Utilization of Municipal Water Projects WHEREAS, the Board of County Commissioners ("the Boazd"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on February i 8, 2003 to consider the Application; and WHEREAS, the Boazd, acting as the Permit Authority, has considered all the evidence, exhibits and azguments presented at and prior to the hearings.. WHEREFORE, based on the evidence presented, the Permit Authority makes the following findings with regazd to the Application as it pertains to Section 6.04 of the County Land Use Regulations: ~uIYI~Yn~~u NYIlu1w~ n33 a4w • Commissioner ~~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO.2003- APPROVAL OF A PERMIT FOR SITE SELECTION AND CONSTRUCTION OF MAJOR NEW DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS AND TO CONSTRUCT MAJOR EXTENSIONS OF EXISTING DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS AND FOR THE EFFICIENT UTII.IZATION OF A MUNICIPAL WATER PROJECT IN ORDER TO SERVE TIC FROST AND SALT CREEK PUD. ' File Number 1041-0044 WHEREAS, the Adam's Rib, (hereinafter "Applicant"), submitted to the Eagle County Department of Community Development an application for major extensions of its existing domestic water treatment system and sewage collection system to serve the Frost and Salt Creek PUD. WHEREAS, the Eagle County Planning Commission conducted a public hearing on December 18, 2002, .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. 6.04: Major Extension of Existing 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 February 18, 2003 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 of the County Land Use Regulations: • An application was submitted in compliance with section 6.03.13 ECLUR. The Bbard makes the following findings as required by 6.03.15 which are supported by the evidence and application: 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 commu- nities within this County within the development area and source development azea. 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. 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. 2 • m. The proposed development will not decrease the quality of peripheral or down- stream surface or subsurface water resources below that designated by the Colo- rado 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, groundwa- ter 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 Subsec- tion 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 commu- nities 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. An application was submitted in compliance with section 6.04.13 ECLUR The Board makes the following findings as required by 6.04.15 which are supported by the evidence and application: 3 a. Major extensions of domestic water and sewage treatment systems shall be permitted in those azeas 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 development area and source development azea to sustain such growth and development; 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 azea 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 sewage services 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 dischazge permit conditions of the Colorado Water Quality Control Division; k. Appropriate easements 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 downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commission as established on May 22, 1979, and effective July 10, 1979, or more stringent standazds subsequently adopted; 4 n. The proposed development or its associated collector or distribution system or new service areas wild 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, groundwa- ter recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out-door 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 systems 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 development site of a proposed major extension of an existing domestic water or sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown; s. Any proposed domestic water treatment and distribution system is capable of providing water meeting the requirements of the Colorado Department of Health; t. The construction of structures, buildings, and improvements associated with the proposed development will not significantly impact existing or proposed commu- nities within the development area and source development area; In accordance with Section 6.05.15 (Efficient utilization of municipal water projects) of the Eagle County Land Use Regulations, and as more specifically described in the Frost and Salt Creek PUD 1041 Application for Expansion of Wastewater Collection and Potable Water Distribution Systems: 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. 5 • 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 Subsec- tions 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 commu- nities 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 Com- missioners upon a written petition by the applicant that: . WHEREAS: The Boazd of County commissioners, during the August 22, 2002 complete- ness hearing for File 1041-0044, approved a motion to waive compliance with the special 6 • use permit requirements as they would be unreasonably burdensome for the applicant and would serve no further land use objective. Now Therefore, be it resolved by the Board of County Commissioners of Eagle County, Colorado hereby APPROVE File. No.1041-0044 with the following conditions: The leach fields associated with the septic systems be pressure dosed and include de- nitrification in the treatment process. 2. The applicant submit a Fugitive Dust Plan or Dust Suppression Plan for County approval with any grading permit application and in order to continue grading conform to plan. 3 . The Environment Health Division approve the water quality monitoring plan prior to the issuance of any grading permit. ' 4. Before any grading or construction is permitted in the area known as Salt Creek the applicant will have a study performed to determine any historical sites. 5. All material representations made will be conditions for approval. 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 Board of County Con is necessary for the health, safety Teak J. Simontdn Clerk to the Board of finds, determines and declares that this Resolution citizens of ~a.ele County ~ County Commissioner Commissioner 1 ,/I/'/~wl, seconded adoptionoftheforegoingresolution. Therollhaving been called, the vote was as follows: Commissioner, Michael L. Gallagher l~P~~. Commissioner, Tom C. Stone (~,~, Commissioner, Arn M. Menconi2/ This Resolution passed by J(J vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 7