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HomeMy WebLinkAboutR13-069 LEDE Rservoir 1041 Permit Commissioner C- --k O -M' 44--e--' -' 4ioved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO, SITTING AS THE EAGLE COUNTY PERMIT AUTHORI00 Y RESOLUTION NO. 2013- 1041 PERMIT RESOLUTION OF APPROVAL TO ALLOW EXPANSION OF L.E.D.E. RESERVOIR File Number 1041-3084 WHEREAS, on July 16, 2013, the Board of County Commissioners, County of Eagle, State of Colorado, sitting as the Eagle County Permit Authority ("hereinafter the "Board"), approved 1041 Permit Number 1041-3084 for Major Extension of Existing Domestic Water treatment Systems and for Efficient Utilization of Municipal Water Projects allowing enlargement of the L.E.D.E. Reservoir, and; WHEREAS, on June 5, 2013, the Town of Gypsum submitted an application for 1041 Permitting to allow expansion of the L.E.D.E. Reservoir (the "Project"). The L.E.D.E. Reservoir is located 18.5 miles due south of the Town of Gypsum on Gypsum Creek. The existing reservoir does not have sufficient storage capacity to accommodate the Town's existing water rights or meet the Town's projected water demands for municipal, agricultural, industrial and other associated needs. The enlargement proposal is also designed to provide reliable dry-year carryover storage, help meet minimum in-stream flows on Gypsum Creek and the Eagle River and to enhance the fishery and recreational opportunity provided by the reservoir. The overall Project purpose is to provide Gypsum with a water supply of an additional 516 acre-feet of firm yield water for use in its service area, by expanding the existing reservoir site. The Needs Analysis and preliminary Alternatives analysis clearly point to expansion of in-basin storage as the only cost-effective and practicable alternative to addressing Gypsum's water supply issues. The Project and associated permits a r e also to authorize necessary reconstructive work on the L.E.D.E. Reservoir dam and spillway to meet current safety standards mandated by the State of Colorado. The Town has requested that the USFS authorize enlargement of L.E.D.E. reservoir from its current size of 24.8 surface acres and 431 acre-feet of storage capacity to 32.2 surface acres and 947 acre-feet of storage capacity. This meets the Town's identified need for an additional 516 acre-feet of stored water supply for projected municipal growth. 1 i+ ] This 1041 Permit application by the Town of Gypsum proposes to enlarge L.E.D.E. Reservoir. Specifically, the request is to: 1) Expand the reservoir from its present size of 431 acre-feet to 947 acre-feet; 2) Modify and enlarge the existing spillway to comply with state dam safety regulations; 3) Raise the current dam face to an additional 18.7 feet to meet storage and safety freeboard requirements, and the dam crest is to be widened by a minimum of 22- feet; 4) Replace the outlet pipe due to deterioration and to meet the design requirement of reducing the water level in the reservoir by five (5) feet over five (5) days; 5) Replace the dam outlet gate and trash rack due to their age (78-years), and deterioration. Construction is slated to commence in late summer of 2013, and; WHEREAS, the Board has considered all the evidence, exhibits and arguments presented at the hearings, and; WHEREFORE, based on the evidence presented, the Board makes the following findings with regard to the L.E.D.E. Reservoir Expansion 1041 Permit Application as it pertains to Chapter VI, Section(s) 6.04.01, 6.04.02 and 6.04.03 of the Eagle 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. (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. 2 J (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. (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. 3 (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. (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. 4 I NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO, SITTING AS THE EAGLE COUNTY PERMIT AUTHORITY: THAT,the Board hereby directs the Planning Director to provide a copy of this Resolution to the Applicant. THAT, Permit Number 1041-3084 for Major Extension of Existing Domestic Water treatment Systems and for Efficient Utilization of Municipal Water projects be and is hereby APPROVED subject to the following conditions,of approv : 1) That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and all public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2) The Army Corps of Engineers 404 Permit and mitigation plan will be submitted to Eagle County prior to site disturbance for the Project. Annual reports on mitigation success will be submitted by December 31st of each year until not less than a 1:1 replacement of functional wetlands is achieved. 3) All other outstanding permits identified as not complete at this time shall be final prior to construction beginning. THAT,the Eagle County Permit Authority hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. 5 MOVED, READ AND ADPOTED by the Board of County Commissioner of the County of Eagle, State of Colorado, at its regular meeting held the day of . '� 4 2013. COUNTY OF EAGLE, STATE OF 11.6 coy COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATT . • -, P ,,, 5 ` _-Ad ,:.. cur * �1�- e • By: Clerk to the Boar of "010- Sara J. Fisher County Commissioners Chair.-a //f lb1/4-1 --= -- ° pP ;'- _ 1". /✓1�-- � � v ,A Jilli/H. Ryan C•,� ion.f .1___ Kathy Chil dler-Henry Commissioner 1. Commissioner v` --a seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Fisher Commissioner Ryan Commissioner Chandler-Henry Z This resolution passed by C) vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 6