HomeMy WebLinkAboutR11-137 Sweetwater Ranch PUD 1041 Permit EAGLE COUNTY, CO 201 122088
TEAK J SIMONTON / l
REC: s0.00 MOC: 0 5 '24'33PM 1 1 (2! 21 1
EAGLE COUNTY. CO 201123704
TEAK J SIMONTON J /
REC: $0400 DOC:04 :38 :37PM 12120/201 1
1111 1 1111 111I 111 11 11 11111 1 11 11
Commissioner moved adoption
of the fo owing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2011- l
RESOLUTION FOR APPROVAL OF A 1041 PERMIT TO ALLOW MAJOR NEW
WATER AND WASTEWATER TREATMENT SYSTEMS FOR THE SWEETWATER
RANCH PLANNED UNIT DEVELOPMENT
FILE NO. 1041 -3149
WHEREAS, on or about January 10, 2011, Sweetwater Ranch, LLC submitted to the
Eagle County Department of Community Development the "Application" for the approval of a
1041 Permit (hereinafter "Permit") for the installation of a major new water and wastewater
treatment system (hereinafter "System" within the Sweetwater Ranch Planned Unit Development
(PUD), located in Dotsero, Colorado, and;
WHEREAS, the Application requests approval for up to fifteen (15) EQRs and two (2)
Individual Sewage Disposal Systems (ISDSs) processing up to a combined total of 3,500 gallons
per day (GPD) for approved residential and commercial uses on Lots 2A, 2B, 2C and 2D within
the Sweetwater Ranch PUD, and;
WHEREAS, the Application specifies the System is to be operated and maintained by a
licensed, professional engineering firm registered in the State of Colorado, and;
WHEREAS, the Northwest Colorado Council of Governments (NWCCOG), among
other referral agencies, has reviewed the Application against the Regional 208 Plan, and;
WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the
Eagle County Permit Authority, conducted a public hearing on October 18, 2011, to consider the
Application, and;
WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence,
exhibits and arguments presented at the hearings, and;
WHEREFORE, based on the evidence presented, the Permit Authority makes the
following findings with regard to the "Application" as it pertains to Section(s) 6.04.01, 6.04.02
and 6.04.03 of the County Land Use Regulations:
.
Commissioner moved adoption
of the fo Towing Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2011- L
RESOLUTION FOR APPROVAL OF A 1041 PERMIT TO ALLOW MAJOR NEW
WATER AND WASTEWATER TREATMENT SYSTEMS FOR THE SWEETWATER
RANCH PLANNED UNIT DEVELOPMENT
FILE NO. 1041 -3149
WHEREAS, on or about January 10, 2011, Sweetwater Ranch, LLC submitted to the
Eagle County Department of Community Development the "Application" for the approval of a
1041 Permit (hereinafter "Permit ") for the installation of a major new water and wastewater
treatment system (hereinafter "System" within the Sweetwater Ranch Planned Unit Development
(PUD), located in Dotsero, Colorado, and;
WHEREAS, the Application requests approval for up to fifteen (15) EQRs and two (2)
Individual Sewage Disposal Systems (ISDSs) processing up to a combined total of 3,500 gallons
per day (GPD) for approved residential and commercial uses on Lots 2A, 2B, 2C and 2D within
the Sweetwater Ranch PUD, and;
WHEREAS, the Application specifies the System is to be operated and maintained by a
licensed, professional engineering firm registered in the State of Colorado, and;
WHEREAS, the Northwest Colorado Council of Governments (NWCCOG), among
other referral agencies, has reviewed the Application against the Regional 208 Plan, and;
WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the
Eagle County Permit Authority, conducted a public hearing on October 18, 2011, to consider the
Application, and;
WHEREAS, the Board, acting as the Permit Authority, has considered all the evidence,
exhibits and arguments presented at the hearings, and;
WHEREFORE, based on the evidence presented, the Permit Authority makes the
following findings with regard to the "Application" as it pertains to Section(s) 6.04.01, 6.04.02
and 6.04.03 of the County Land Use Regulations:
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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 HAS BEEN provided demonstrating that prior to site disturbance
for the Project, the applicant will have obtained all necessary property rights,
permits and approvals.
(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 WILL 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.
(17) The Project WILL NOT significantly degrade wetlands and riparian areas.
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(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
( ) Project g Y P
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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 Projects, and as more specifically described in
the application materials:
(1) The Project WILL 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 IS 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 WILL 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 Major New Domestic Water and Wastewater Treatment Systems and Major
Extensions of Existing Domestic Water and Wastewater Treatment Systems, and as more
specifically described in the application materials:
(1) The Project IS 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.
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(2) To the extent feasible, wastewater and water treatment facilities WILL be
consolidated with existing facilities within the area.
(3) New domestic water and sewage treatment systems WILL 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 WILL 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.
NOW, THEREFORE, BE IT RESOLVED BY THE EAGLE COUNTY PERMIT
AUTHORITY OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the Eagle County Permit Authority hereby directs the Department of Community
Development to provide a copy of this Resolution to the Applicant.
THAT, the permit for Major New Water and Wastewater Treatment Systems Project be
and is hereby granted subject to the following conditions of approval:
1. That except as otherwise modified by the Permit, all material representations of the
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Applicant in this permit application, correspondence, and public meetings shall be
adhered to and considered conditions of approval, unless otherwise amended by other
conditions.
2. Prior to or concurrent with any building, electrical or other, miscellaneous permit
application related to the water and wastewater project, all comments and
recommendations as set forth in the following referral responses shall incorporated into
the design of the water and wastewater treatment systems, or be otherwise adequately
addressed as evidenced by written documentation from the applicant, inclusive of revised
plan documents:
a.Eagle County Environmental Engineering Department correspondence
dated August 18, 2011;
b.State of Colorado Geological Survey correspondence dated July 18,
2011;
c.Northwest Colorado Council of Governments correspondence dated
April 4, 2011.
3. A dust suppression plan be prepared and submitted prior to any site disturbance
associated with the project.
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4. The Applicant shall submit a monitoring plan to be approved by the Eagle County
Environmental Health Department prior to or concurrent with the final design of any
ISDS system. The primary purpose of monitoring on site will be to establish (verify)
seasonal groundwater levels. A secondary purpose of an approved monitoring plan will
be to coordinate ongoing water quality monitoring with the Eagle County Environmental
Health Department. Such long -term water quality monitoring plan shall be submitted
prior to or concurrent with TCO for any new building tying into the water system. In
addition, water throughput and wastewater treatment flows will be monitored by the
Applicant, the results of which shall be reported (annually) to the Eagle County
Environmental Health Department.
5. The Applicant shall incorporate additional water conservation techniques and methods
such as "low -flow" fixtures and site specific limits on total irrigated area, shall also be
incorporated into the PUD Guide for the subdivision.
6. With any approved commercial use, the Applicant shall prepare a "Hazardous Substance
Management Plan" for each commercial use in the development to be given to the
Property Owners Association or other entity or party responsible for maintaining the
subject properties. Each site specific hazardous substance management plan would detail
the type of hazardous substance(s) kept within that commercial space, where the
substances are stored, how they are stored and in what quantities, what actions are taken
in the event of a spill and what waste materials are generated and they are disposed. The
Applicant will be required to provide written evidence /documentation to Eagle County,
prior to TCO of any new buildings using the ISDS, that the Plan has been registered with
the Environmental Protection Agency (EPA); or that the EPA will not require registration
of said Plan. The Property Owners Association or other responsible party will assure the
Plan is updated annually and submitted to the local fire response agency for their
information and use. The Plan will be made available to the public upon request.
7. The Applicant shall coordinate final water treatment and supply system design with the
Gypsum Fire Protection District.
5
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
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 the h day of
2011, nunc pro tunc the eighteenth day of October, 2011.
COUNTY OF EAGLE, STATE OF COLORADO, By and
Through Its BOARD OF COUNTY COMMISSIONERS
ATTEST:
BY �, - _t .: By: M- an ,/ 7 / Teak J. Simonton * o '` ` Jon S . ,.Choi . , .
Clerk to the Board of - -- '` '- `�
County Commissioners _
Peter F. Runyon; `Comm' loner
/
d1i_i_ i I!. L
Sara J. Fisher, ' ommissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been calle , the vote was as follows:
Commissioner, Jon Stavney
Commissioner, Peter F. Runyon / /
Commissioner, Sara J. Fisher t:'
This Resolution passed by / vote of the Board of County Commissioners of
the County of Eagle, State of olorado.
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