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HomeMy WebLinkAboutR11-138 Bellyache Ridge Subdivision 1041 Permit TEAK 201122089 Pg 6 : 04:24:34PM 11/28/2011 orr: x as nnr: s TEAK E J C S I MONTON 201123703 REC: $0.00 DOC:O$:36:36PM 12/20/201 11111 11 11 111 III 11 11 1 1 1 11 Commissioner moved adoption of the foll wing Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2011- / `/ U RESOLUTION FOR APPROVAL OF A 1041 PERMIT TO ALLOW FOR THE INSTALLATION OF A MAJOR NEW WATER STORAGE AND TREATMENT SYSTEM FOR THE BELLYACHE RIDGE SUBDIVISION (BELLYACHE RIDGE METROPOLITAN DISTRICT WATER TANK) File Number 1041 -3083 WHEREAS, on or about January 26, 2011, the Bellyache Ridge Metropolitan District submitted to the Eagle County Department of Community Development the "Application" for the approval of a 1041 Permit for the installation of a major new water treatment system within the Bellyache Ridge Subdivision, located on Lot 61A and within a Right -of -Way granted to the Bellyache Ridge Metropolitan District by the Bureau of Land Management, and; WHEREAS, the Board of County Commissioners ( "the Board "), in its capacity as the Eagle County Permit Authority, conducted a public hearing on July 12, 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: 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. 1 (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. (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 habitat. (20) The Project WILL NOT significantly deteriorate soils and geologic conditions. (21) The Project WILL NOT cause a nuisance. 2 (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. (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. 3 (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 Extension of Existing Water and Sewage treatment Systems and for Efficient Utilization of a Municipal Water 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 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, grading or other, miscellaneous permit application related to the tank project, all comments and recommendations set forth in the following referral responses shall be incorporated into the design of the water system, or otherwise adequately addressed as evidenced by written documentation from the applicant, inclusive of revised plan documents: i. State of Colorado Geological Survey correspondence dated June 15, 2011; ii. State of Colorado Department of Public Health and Environment correspondence dated May 16, 2011; iii. Northwest Colorado Council of Governments correspondence dated June 2, 2011. 3. A building permit from the Eagle County Building Division is required prior to any on the site for the construction of the proposed water tank. In addition, a dust suppression plan shall be prepared and submitted with the building permit and /or any grading permit application; 4. A Permit to Construct in the Public Way from the Eagle County Engineering Department is required prior to any work in the Bellyache Ridge Road Right -of- Way. 4 5. The Applicant shall conform to the Eagle River Water & Sanitation District's Water Conservation Plan submitted with the application. In the event the aforementioned Plan is amended, the Bellyache Ridge Metropolitan District shall review the amendments for inclusion into their own plan. 6. The Applicant shall provide "as- built" plan documents and/or written certification for the project to demonstrate that any and all improvements associated with this 1041 Permit are constructed as approved by Eagle County; 7. Prior to the commencement of construction, the Applicant shall coordinate with the Colorado Division of Wildlife to minimize impacts to elk calving and /or wildlife movement. 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 Commis oners of the County of Eagle, State of Colorado, at its regular meeting held this l` " , 2011, nunc pro tunc to the twelfth day of July, 2011. /C6V,fAv'jl COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: co` I By CI By: All Teak J. Simonton * , o Jo . 'ney, C' .' - 2 Clerk to the Board of 7 /- -----7 ''' County Commissioners i `'" Peter F. ' r nyon, Commissi ► er /10 Sara J. Fi mmissioner N. Commissioner �., seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: 5 Commissioner, Peter F. Runyon C^(y Commissioner, Sara J. Fisher Commissioner, Jon Stavney p This Resolution passed by v vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 6