No preview available
HomeMy WebLinkAboutR04-039 Berry Creek Wells #1 and #2 Upgrade Project FONSI.- /~, .~~" Commissioner ~ ~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2004- .-~ g ACKNOWLEDGING A FINDING OF NO SIGNIFICANT IMPACT (FONSI) FOR THE CONSTRUCTION OF A MAJOR EXTENSION OF AN EXISTING DOMESTIC WATER SYSTEM AND THE EFFICIENT UTILIZATION OF A MUNICIPAL WATER PROJECT FOR THE BERRY CREEK WELLS #1 AND #2 UPGRADE PROJECT IN THE COMMUNITY OF EDWARDS, COLORADO File Number 1041-0050 WHEREAS, on or about June 11, 2003, the Eagle River Water and Sanitation District (hereinafter "Applicant"), proposed to the Eagle County Department of Community Development at apre-application meeting, a project for a Major Extension of an Existing Domestic Water Treatment System and Efficient Utilization of a Municipal Water Project to upgrade two domestic water wells, Berry Creek Well #1 and Berry Creek Well #2 (historically referred to as the June Creek Ranch Company Wells #2 and #6), hereinafter referred to as the Berry Creek Wells #land #2 Upgrade Project; and WHEREAS, the Applicant provided plans which would allow for construction and/or improvements as follows: • Abandoning and capping the existing wells #1 and #2. • Drilling two new wells within 40 feet of the existing wells. • Installing higher capacity pumps on the two new wells. The combined pumping capacity for the two wells will increase from 240 gallons per minute to 800 gallons per minute. • No increase in residential density or new development is proposed. SEE EXHIBIT "A", Location Map, ATTACHED; and WHEREAS, in accordance with Section 6.03.01 of the Eagle County Land Use Regulations, an Applicant is required to obtain a Finding of No Significant Impact (FONSI) or a Permit prior to engaging in development in an area or an activity that has been determined to be of State interest; and e ~''~ WHEREAS, in accordance with Sections 6.03.03(1) and 6.04 of the Eagle County Land Use Regulations, the Director of Community Development (hereinafter "Director"), has reviewed the Applicant's proposal, and all relevant support materials, and, having considered applicable Permit Application Approval Criteria, has determined that the construction of the proposed project, without mitigation, is unlikely to have any significant adverse impact to the County (see Determination of a Finding of No Significant Impact, ATTACHED AS EXHIBIT "B" and WHEREAS, notice of the Director's Determination of a Finding of No Significant Impact (FONSI) was given to all proper agencies, departments and the County's legal newspaper as required by Section 6.03.03(3) of Eagle County's Land Use Regulations; and WHEREAS, in accordance with Section 6.03.03(4)(a) of Eagle County's Land Use Regulations, the 14 day period during which a Request for Reconsideration of the Director's Determination of a Finding of No Significant Impact (FONSI), by the Board of County Commissioners or any affected party, elapsed on March 11 `h, 2004; and WHEREAS, in accordance with Chapter II, Article 3, Section 3.310.I.2, Waiver Provision of the Eagle County Land Use Regulations, the Applicant also requested a waiver from the requirement for a Special Use Permit by the Board of County Commissioners, as such application for Special Use 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, a Finding of No Significant Impact (FONSI) for the Berry Creek Wells #1 and #2 Upgrade Project has been granted by the Director of Community Development. 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 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. MOVED, READ AND ADOPTED by the Board of County Commissione •s f the County of Eagle, State of Colorado, at its regular meeting held thee(day of ~~-~ 2004. 2 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its 4o~~-cz.,~oa BOARD OF COUNTY COMMISSIONERS ATTEST: C~~j~.ti~~~4~ eotanPa° B s ., Dl-~~ BY~ - Teak J. Simonton Tom . Stone, C airman Clerk to the Board of County Commissioners ' ael L. Gallagher, Commissioner M. Menconi, Commissioner Commissioner ~,_ ~7..~ ~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, Tom C. Stone ~ Commissioner, Michael L. Gallagher Commissioner, Arn M. Menconi ~.C,(~~~ This Resolution passed by Gl,~~~~~(~'1-~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT A Location Map --TMa'"', 1.'" ' 441f.-~,...,_,t.~~ ~ ~~- -t..--a..-.. --ice 1 ~~,~_ l_ ~ -f .-"~ ECG y ~-~, ~- ;~'/ ~~, ~ . N '-.- _, t ~~ -` .-. ~ /. '~~_., r • ' 4 ~ : E+ ~ ~ ~ ~. t '- :~ \ ~ `\ ~, i OQO _ U 1 GOU 2C7()i? - . ,li. ~, ~'• ~ ~`;~~. FEET _ ~ ; 4 ~, _ ,1 ~ ~ -.. ~. ~~ "r--<: ~ : -~ ., `r '`• ', ~~t - ( ~~ ~ ~ 7379 - ~ - ~:.. _ ~_.___ ''~Q a Edwards •Drinking - ~~~ t' .. ,. ° ~ 'i- _ _ '- ,,:*~, / Water Facility ~ ~ -. ~~'~~•_~; ~ ~~~ `1 ' _ ~•~t - , - ~ -~ ~\`l !Make ~ ~-~ ~ ~ - ~ a --~~ r ,_.V - .,~`:~~~,~ Structure '~ ~, `-` ~ 1• Figure 1-Location of Berry Creek Wells Nos. 1 & 2 relative t© the Eagle River and the Edwards Drinking Water Facility EXHIBIT B DETERMINATION -~ OF A FINDING OF NO SIGNIFICANT IMPACT (FONSI) Regarding Guidelines and Regulations for Matters of State Interest, and more specifically pursuant to Section 6.03.01 of Eagle County's Land Use Regulations, an Applicant is required to obtain a Finding of No Significant Impact (FONSI) or a Permit prior to engaging in development in an area or an activity that has been designated of state interest. The Director may determine that a Finding of No Significant Impact should be issued if the construction or operation of the proposed project requires no mitigation in its anticipated location, and is unlikely to have any significant adverse impact to the County given consideration of the Permit Application Approval Criteria as delineated in Section 6.04 of the Eagle County Land Use Regulations. FILE NO. J NAME: 1041-0050 /Berry Creek Wells Modification APPLICANT: Eagle River Water and Sanitation District PLANNER: Cliff Simonton PRE-APPLICATION MEETING PROCESS INITIATED ON: June 11, 2003 DATE OF THIS REPORT: February 18, 2004 PROJECT DESCRIPTION: The Eagle River Water and Sanitation District proposes to increase the capacity of Berry Creek Wells No. 1 and 2 (historically referred to as June Creek Ranch Company wells No. 2 and 6) in order to increase the flexibility and reliability of domestic water supply in the Edwards area, especially in times of drought. The project will entail drilling replacement wells within 40 feet of the existing wells and adding new higher capacity pumps. The wells would have a combined pumping rate of approximately 800 gpm (up from the existing 240 gpm) or 1.12 million gallons per day, which is within the amount allowed by decreed right. It is intended that any withdrawal from the wells would correspond to a matched reduction in diversion at the intake on the Eagle River (located some 600 feet to the southwest of the wells). In this manner, the wells will serve as an alternative water supply, and not an additional water supply, and will operate under existing approved water rights. No increase in residential density or change in land use is associated with this operational plan. The proposed improvement is anticipated to better manage water supplies in response to recent drought conditions, and is intended to be used in the event Eagle River water flows become extremely low. Surface water diversions at the Edwards Drinking Water Facility have direct and immediate impact on river flows. The applicant has provided technical reports (Hydrosphere Resource Consultants, November, 2003, and Leonard Rice Engineers, Inc., May, 2003) which demonstrate that diversion of an equivalent amount of water from the wells will result in a delayed and attenuated impact to surface flows in the river, an impact significantly less than direct diversion of the same amount of surface water at the nearby water treatment plant. Improvements will be located within existing easements, and no disturbance of wetlands, riparian areas or other environmentally sensitive areas requiring mitigation will result. The cost of the project will be covered by the Regional Water Authorities capitol budget, which is funded through its current rate structure. FEES TO DETERMINE WHETHER A FONSI IS REQUIRED: It has been estimated that the cost to cover the evaluation of file 1041-0050 for the purpose of determining whether a FONSI can be made will be $ 1275.00 as detailed below: Staff/administrative time of 30 hrs x $42.50/hr = $1275.00 Should a determination of FONSI be made, said fee will be due and payable prior to the execution of a resolution ~} anting_permission~ t,,(o proceed with the project. Paid on~~t,j;Ldl (~ ZUc~~ Receipt # ~ 2~~ ~ ~ by ~~~ REFERRALS /REFERRAL RESPONSES: Pursuant to Section 6.03.02, Pre-application Procedure, and the approval criteria listed in Section 6.04, Approval Criteria and Financial Assurance, the Applicant has provided written testimony (attached) to support their assertion that a FONSI should be granted. Reference Section 6.03, referrals of the application are not required. However, based on the nature and scope of the work proposed, a referral was sent to Eagle County Environmental Health. Eagle County Environmental Health responded with a concern that the use of the wells at an increased pumping rate might result in potentially damaging reductions of flow in the Eagle River, especially during drought conditions when river surface flows are already very low. The Applicant was asked to submit the above referenced studies, which indicated that while a connection does exist between the subsurface aquifer and the river, the impact on river surface flows as a result of pumping would be delayed and attenuated, and would be significantly less impactful than direct diversion of the same amount of surface water at the nearby water treatment plant. Due to the potential impacts to downstream minimum stream flow rights, Eagle County Environmental Health also contacted the Colorado Water Conservation Board, the Colorado River Water Conservation District and the Colorado Department of Natural Resources. These agencies did not respond to the request for comment, and it is assumed that no impact from the proposed project was identified. STAFF RECOMMENDATION: Based on a review of the pre-application submittals and the information obtained during the pre- application process, Staff HAS found that the construction and/or operation of the proposed project requires no mitigation, and in its proposed location is unlikely to have any significant adverse impact to the County. Staff recommends that a Finding of No Significant Impact be issued. DETERMINATION BY THE DIRECTOR OF COMMUNITY DEVELOPMENT Pursuant to Section 6.03.03(1), and based on the review of the application, relevant support materials and the recommendation of Staff, I have determined a Finding of No Significant Impact (FONSI) is appropriate for File 1041-0050. Upon completion of the public notice process, and once the 14 day reconsideration period has elapsed without receipt of a request for call-up, Staff will proceed, at my direction, to draft a resolution for the Board's signature indicating the Finding of No Significant Impact for re-drilling and operating Berry Creek Wells and 2 as proposed. Keith Montag, Director, Eagle County Community ate RECONSIDERATION OF DIRECTOR'S DETERMINATION: (Staff: Complete the following upon the Director's approval) Within 14 days following the publication of the Director's Determination of a FONSI, the Board may decide to reconsider, or "call-up", the Determination. Within the same 14 days of the date of publication, any affected party may also seek Reconsideration through a written request to the Board. If a "call-up" occurs, Reconsideration of the Director's Determination of a FONSI shall be made at the next regularly scheduled meeting of the Board for which proper notice can be made. The period during which Reconsideration can be requested shall be 14 days from $-~~J 2.x,0 2.-~~'~~~_, which will be the first day of publication, and shall terminate on ~' ;~ .~ /, / 2~C/: