HomeMy WebLinkAboutR12-041 Homestake Dam and Reservoir Special Use Permit TEAK 20 120902
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Commissioner f''1'l moved adoption
of the following lolution:
RESOLUTION
of the
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 2012 -
APPROVAL
OF TH.E SPECIAL USE PERMIT
FOR THE HOMESTAKE DAM AND RESERVOIR MAINTENANCE AND REPAIR PROJECT
FILE NO. ZS -3578
WHEREAS, the Homestake Water Project ( "Homestake Reservoir ") consists of existing water storage
and diversion facilities located in the headwaters of Homestake Creek. It is operated pursuant to Bureau of
Land Management(BLM) right -of -way (ROW) stipulations administered by the U.S. Forest Service (USFS)
through an Annual Operating Plan (AOP). Homestake is located within the White River National Forest and is
surrounded by the Holy Cross Wilderness Area. The facility is a municipal raw water storage facility
designated as a drinking water supply for the City of Colorado Springs and the City of Aurora. The northern
portion of I-lomestake Reservoir, including Homestake Dam, is located in Eagle County. The southern part of
- the .Homestake Reservoir is located in Pitkin County. Proposed improvements are scheduled to take place
during the 2012 and 2013 construction season as follows:
• Dam Upstream Asphalt Concrete ( "AC ") Face Rehabilitation (2012 and 2013)
• - Dam Crest Repairs (2012 and 2013)
1 • Dam Outlet Works Improvements (2012)
• Homestake Tunnel Intake Gate Improvements (2012)
• Homestake Reservoir Temporary Reservoir Control and Dewatering
WHEREAS, Homestake Dam and Reservoir MaintenanceRepairProject (the" Homestake Repair
Project ") is required to comply with the Office of the State Engineer of Colorado dam safety requirements.
The existing upstream asphalt concretefacing of the dam is deteriorated resulting from freeze -thaw weather
. patterns and severe surface erosion that has occurred since the darn was originally constructed. The
downstream dam crest, the outlet works, and the Homestake Tunnel inlet gate also require repairs; and
WHEREAS, bn or about March 27, 2012, Homestake Repair Project filed an application with the
Eagle County Department of Community Development for a Special Use :Permit for the project. This Special
Use Permit is valid until. April 10, 2015. The subject property is located in the Resource Zone District in the
unincorporated area of Eagle County described in the property legal description attached as Exhibit A'; and
WHEREAS, the Homestake Repair Project constitutes normal maintenance activities related to the
safe operations of the dam and reservoir, and will not alter the operation of the existing dam and reservoir. The
capacities of Homestake Reservoirand its related diversion facilities will neither be extended or enlarged, nor
upon completion of the repairs wil'the amount or timing of water diversionsbe altered; and
Page 1 of 4
WHEREAS, the Special Use Permit request was considered at a public meeting by the Eagle County
Planning Commission on March 7th, 2012 and by the Eagle County Board of County Commissioners on
March 27` 2012; and
WHEREAS, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the
unincorporated areas of Eagle County, comments of the Eagle County Planning Department, comments of
public officials and agencies, the recommendation of the Planning Commission, and comments from all
interested parties, the Board of County Commissioners of the County of Eagle, State of Colorado ( "the
Board "), finds as follows:
1. That proper publication and public notice was provided as required by law for the hearings before the
Planning Commission and the Board.
2. That pursuant to Eagle County Land Use Regulations Section 5 -250.B Standards for the review of a
Special Use Permit:
(1) Consistent with Comprehensive Plan. The proposed Special Use Permit CAN be shown to
be appropriate for its proposed location and be consistent with the purposes, goals, objectives
and policies of the Comprehensive Plan and FLUM, including standards for building and
structural intensities and densities, and intensities of use
(2) Compatibility. The proposed Special Use IS appropriate for its proposed location and IS
compatible with the character of surrounding land uses.
(3) Zone District Standards. The proposed Special Use DOES comply with the standards of the
zone district in which it is located and the standards applicable to the particular use, as
identified in Section 3 -310, Review Standards Applicable to Particular Residential,
Agricultural and Resource Uses
(4) Design Minimizes Adverse Impact. The design of the proposed Special Use DOES
adequately minimize adverse impacts, including visual impact of the proposed use on adjacent
lands; furthermore, the proposed Special Use CAN avoid significant adverse impact on
surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and
vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and
WILL NOT create a nuisance.
(5) Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize
environmental impacts, and will not cause significant deterioration of water and air resources,
wildlife habitat, scenic, and other natural resources.
(6) Impact on Public Facilities. The proposed Special Use IS adequately served by public
facilities and services such as roads, pedestrian paths, potable water and waste water facilities,
parks, schools, police and fire protection, and emergency medical services
(7) Site Development Standards. It is anticipated that the proposed Special Use WILL fully
comply with all applicable standards in Article 4, Site Development Standards upon receiving
outstanding subdivision and access approvals.
Page 2 of 4
(8) Other Provisions. The proposed Special Use DOES comply with all standards imposed on it
by all other applicable provisions of these Land Use Regulations for use, layout, and general
development characteristics
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of
Eagle, State of Colorado:
THAT the Special Use Permit application to allow normal maintenance activities ensuring safe
operation of the dam and reservoir is hereby approved, subject to the following conditions, and that violation
of any condition shall be the basis for revocation of the Special Use Permit:
1. Except as otherwise modified by this development permit, all material representations
made by the Applicant in this application and in public meeting shall be adhered to and
considered conditions of approval.
2. Prior to or concurrent with any building, electrical, grading or other, miscellaneous permit
application, all comments and recommendations set forth in the following referral
responses shall be incorporated into the design of the Special Use, or otherwise
adequately addressed as evidenced by written documentation from the applicant,
inclusive of revised plan documents:
• Eagle County Environmental Engineering Department correspondence dated
February 10, 2012; as follows: After the completion of the project, the owner will
provide an inspection report completed by a Colorado Professional Engineer (PE) for
Homestake Creek Bridge and Homestake Road. All deficiencies and damages
identified in the report must be repaired by the owner.
• Eagle River Water & Sanitation District correspondence dated February 6, 2012; as
follows: The discharge of water will be tested within 48 hours of the first flow. At
least one sample will be tested for dissolved heavy metals and submitted to the
owners' laboratory for rapid turnaround of results, so, in the unlikely event of higher
than expected metals; a quick correction could be effected.
3. Failure to comply with the stipulations outlined in approvals or permits issued by other
agencies invalidates Eagle County's Special Use approval of the project making it subject
to local enforcement, including but not limited to cessation of the asphalt batching
operation.
4. The Special Use Permit approval expires three years from the issuance of the permit.
5. The current annual operating plan will be filed on a yearly basis with Eagle County as
long as the Special Use Permit is in effect.
6. Homestake should assist Colorado Parks and Wildlife if it is found that restocking of the
reservoir with fish is needed.
THAT, this permit shall be subject to review as provided for by the Eagle County Land Use
Regulations.
THAT, the Board of County Commissioners directs the Department of Community Development to
provide a copy of this Resolution to the Applicant.
Page 3 of 4
THAT, the Board 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 Comtnissiorers of the County of Eagle,
State of Colorado, at its regular meeting held the 0 day of
2012, nunc pro tunc to the 10th day of April, 2012.
COUNTY OF EAGLE, STATE OF COLORADO, By and
Pugh Its BOARD OF COUNTY ' •M eNERS
ATTEST::'` /
BYO*, ' 1 - ... ..ir; '` B
Teak J. S monton * d / . Runyon, Cha j '
Clerk to the Board of 0 e '
County Commissioners BY: 4/
Jo ir ney, Commissioner
BY: / /■ . IP 4. .1
Sara J. Fisher, Co missioner
Commissioner . seconded adoption of the foregoing resolution. The roll having been called,
the vote was as follows:
Commissioner Peter F. Runyon all,
CommissionerJon Stavney a<
Commissioner Sara J. Fisher -��
This Resolution passed by t vote of the Board of County Commissioner of the
County of Eagle, State of Colorado.
Page 4 of 4
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` c3 Wilderness Boundary • EXHIBIT '.. jJ Counties
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1 ____A---- a 1 '" § f Aerial photo from USDA -NRCS, 2D 09. URS
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