HomeMy WebLinkAboutR14-024 1041 Permit Expansion of the Edwards Wastewater TreatmentFile Number 1041 -4648
WHEREAS, in November, 2013, the Eagle River Water and Sanitation District (' ERWSD' and
'Applicant') submitted an application for 1041 Permitting to allow improvements to the Edwards
Wastewater Treatment Facility in order to accommodate regional consolidation of the handling and
treatment processes for all solids from the Vail and Avon Wastewater Treatment Facilities with the
existing Wastewater Treatment Facility in Edwards*(the "Project "); and
WHEREAS, all solids handling and treatment processes for Vail, Avon and Edwards are to
be consolidated at the Edwards Wastewater Treatment Facility. The existing Edwards Wastewater
Treatment Facility does not presently have the capacity to receive and treat future solids from the
Vail and Avon Wastewater Treatment Facilities. Improvements to the Edwards Wastewater
Treatment Facility solids handling system are required, including: expansion /improvements to the
headworks, primary clarification, thickening, waste activated sludge storage, autothermophilic
aerobic digestion, dewatering, and odor control systems; and
WHEREAS, The existing Edwards Wastewater Treatment Facility campus has a total
building footprint of approximately 54,000 square feet and is located on a 4.5 -acre parcel. The
proposed project will add approximately 11,680 square feet for a total of 65,680 square feet. A
minor portion of the expanded building footprint will extend onto the adjacent parcel which is also
owned by the Eagle River Water and Sanitation District (Tract W -1 of the Cordillera Valley Club
PUD) ; and
WHEREAS, the Eagle River Water and Sanitation District ( ERWSD) is responsible for
treating wastewater within its service boundaries which include Minturn and communities
between East Vail and Cordillera. The ERWSD's three wastewater treatment facilities (Vail, Avon,
and Edwards) are required to comply with discharge permits that regulate effluent quality. The
Colorado Discharge Permit System permits are issued and enforced by the Water Quality Control
Division of the Colorado Department of Public Health & Environment; and
WHEREAS, the Water Quality Control Commission recently adopted nutrient regulations
that will require the ERWSD to alter the treatment processes and operations of their facilities to
reduce the levels of phosphorus and nitrogen (nutrients) in effluent discharged to Gore Creek and
the Eagle River. The nutrient regulations are intended to benefit the water quality and biological
health of the receiving waters and will require the ERWSD to make significant wastewater
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BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO,
SITTING AS THE EAGLE COUNTY
PERMIT AUTHORITY
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RESOLUTION NO. 2014 -
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1041 PERMIT RESOLUTION OF APPROVAL. FOR EXPANSION OF THE EDWARDS
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WASTEWATER TREATMENT FACILITY INFRASTRUCTURE,
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File Number 1041 -4648
WHEREAS, in November, 2013, the Eagle River Water and Sanitation District (' ERWSD' and
'Applicant') submitted an application for 1041 Permitting to allow improvements to the Edwards
Wastewater Treatment Facility in order to accommodate regional consolidation of the handling and
treatment processes for all solids from the Vail and Avon Wastewater Treatment Facilities with the
existing Wastewater Treatment Facility in Edwards*(the "Project "); and
WHEREAS, all solids handling and treatment processes for Vail, Avon and Edwards are to
be consolidated at the Edwards Wastewater Treatment Facility. The existing Edwards Wastewater
Treatment Facility does not presently have the capacity to receive and treat future solids from the
Vail and Avon Wastewater Treatment Facilities. Improvements to the Edwards Wastewater
Treatment Facility solids handling system are required, including: expansion /improvements to the
headworks, primary clarification, thickening, waste activated sludge storage, autothermophilic
aerobic digestion, dewatering, and odor control systems; and
WHEREAS, The existing Edwards Wastewater Treatment Facility campus has a total
building footprint of approximately 54,000 square feet and is located on a 4.5 -acre parcel. The
proposed project will add approximately 11,680 square feet for a total of 65,680 square feet. A
minor portion of the expanded building footprint will extend onto the adjacent parcel which is also
owned by the Eagle River Water and Sanitation District (Tract W -1 of the Cordillera Valley Club
PUD) ; and
WHEREAS, the Eagle River Water and Sanitation District ( ERWSD) is responsible for
treating wastewater within its service boundaries which include Minturn and communities
between East Vail and Cordillera. The ERWSD's three wastewater treatment facilities (Vail, Avon,
and Edwards) are required to comply with discharge permits that regulate effluent quality. The
Colorado Discharge Permit System permits are issued and enforced by the Water Quality Control
Division of the Colorado Department of Public Health & Environment; and
WHEREAS, the Water Quality Control Commission recently adopted nutrient regulations
that will require the ERWSD to alter the treatment processes and operations of their facilities to
reduce the levels of phosphorus and nitrogen (nutrients) in effluent discharged to Gore Creek and
the Eagle River. The nutrient regulations are intended to benefit the water quality and biological
health of the receiving waters and will require the ERWSD to make significant wastewater
treatment facility capital improvement investments. Improvement to source water quality will also
benefit downstream drinking water facilities; and
WHEREAS, in anticipation of the nutrient regulations, the ERWSD completed a Wastewater
Master Plan Update in June of 2012 which established a preferred capital improvement plan and
schedule to meet the new regulations and accommodate future growth through 2025. It is possible
that all three plants would have to comply with the new regulations as early as 2020, which would
require significant capital improvements at each facility. Eight alternatives that include operational
changes and capital improvements were evaluated based on a number of criteria including, cost,
water rights issues, land availability, maintenance, staffing, sustainability, permitting, wastewater
treatment facility layout, and scheduling. The preferred alternative accomplishes the
aforementioned goals and prioritizes the sequence of capital improvements; and
WHERAS, the first phase of the plan is to consolidate the treatment of the wastewater solids
from all three plants at the Edwards wastewater treatment facility. Currently, solids are conveyed
from the Vail facility to the Avon facility and are treated there, or conveyed to the Edwards facility,
depending on the most efficient operational need. Advantages of consolidating the treatment of all
solids at the Edwards wastewater treatment facility include increased operational efficiencies, an
opportunity to install state -of- the -art odor control systems at the Edwards facility, reduced truck
transport of biosolids through the communities, and the opportunity to make wastewater
treatment facility liquid stream improvements at the Avon facility within its existing building
footprint since space will be created by decommissioning the solids treatment; and
WHERAS, this 1041 Permit is to allow the Edwards facility to increase its capacity to treat
solids from the Vail and Avon facilities, and make improvements to the facility's processes and
systems including the headworks, primary clarification, solids thickening, waste activated sludge
storage, autothermal thermophilic aerobic digestion, solids dewatering, and odor control; and to
authorize the associated civil, electrical, and control work; and
WHEREAS, the Project will also include the installation of one of the most advanced odor
control systems in the industry. This is the result of recommendations made in the Odor Control
Master Plan which was developed during design. The Odor Control Master Plan includes a detailed
assessment of current system conditions based on foul air sampling and analysis, and
recommendations for improvements. Existing combined systems are also being decoupled and
isolated for more reliable treatment. A tertiary, or'polishing', step is being added to the existing
odor systems to provide both polishing and system redundancy in the event of a plant process
upset. It is the goal of the District to minimize odor excursions at the Edwards facility; and
WHEREAS, the consolidation of solids treatment at the Edwards facility will not change the
quality of water being discharged from the Edwards facility to the Eagle River. Consolidating solids
treatment at Edwards allows for the decommissioning of solids treatment at the Avon facility which
allows for expansion and improvements to liquid stream processes in Avon. Liquid stream process
improvements in Avon will have a greater impact to improving stream health. The solids treatment
process requires plant effluent water to be utilized for sludge cooling, and modeling results indicate
a negligible amount of temperature rise in the plant effluent. This slightly increased effluent
temperature is expected to have a negligible effect on the Eagle River; and
WHEREAS, The Project will be funded by a $28 million bond issuance, resulting in a debt
service rate increase of $6.11 per month per Single Family Equivalent (SFE). This increased rate
will be applied to all ratepayers within the ERWSD service area, from East Vail to Cordillera
including Minturn effective in 2015. No increase in operational expenditures is expected since
system automation and reallocation of resources enables existing manpower to be utilized more
efficiently; and
WHEREAS, the proposed Project greatly benefits residents of Eagle County within the
District by allowing for the most efficient and lowest cost treatment of District -wide wastewater
solids. The fiscal impacts of the Project will be spread throughout the entire District via a slight rate
increase. The Project enables the construction and operation of a state -of -the -art odor control
system to eliminate odor excursions and has a negligible effect on water quality. The proposed
Project is the first in the implementation of a long -term capital plan to meet increasingly stringent
regulatory requirements and increases in capacity; and
WHERAS, the Board has considered all the evidence, exhibits and arguments presented at
the hearings; and find that:
WHEREFORE, based on the evidence presented, the Board makes the following findings
with regard to this Wastewater Facility Infrastructure 1041 Permit Application as it pertains to
Chapter VI, Sections 6.04.01, and 6.04.03 of the Eagle County Land Use Regulations. Please note
that Section 6.04.02, Additional Criteria Applicable to Municipal and Industrial Water Projects is not
applicable to the proposed wastewater facility expansion:
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.
(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.
(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 6.04.03, 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.
SPECIAL USE PERMIT WAIVER: In accordance with Chapter II, Article 3, Section 3.310.1.2, Waiver
Provision, of the Eagle County Land Use Regulations, the Special Review Use Permit application for
water and sewer projects:
3.310.I.2.a A permit application pursuant to Chapter 6, Sections one through five of the Eagle
County Guidelines and Regulations for Matters of State Interest has been submitted
to the Eagle County Permit Authority relative to this land use which would be the
subject of a special use permit application.
3.310.1.2.b Compliance with "the Special Use Review Permit requirements would be
unreasonably burdensome for the Applicant.
The applicant has requested a waiver of the Special Use Review Permit requirements as such
application would serve no further legitimate planning, zoning or other land use objective.
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 Applicant's request for waiver of the Special Use Permit requirements in
accordance with Section 3.310.1.2 of the Eagle County Land Use regulations is hereby granted.
THAT, the Board hereby directs the Planning Director to provide a copy of this Resolution
to the Applicant.
THAT, Permit Number 1041 -4648 for New Water and Wastewater Facility Infrastructure
and for Efficient Utilization of Municipal Water Projects be and is hereby APPROVED 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 all public meetings shall be
adhered to and considered conditions of approval, unless otherwise amended by other
conditions.
2) That all comments set forth in the January 21St, 2014 emailed response from the Eagle
River Fire Protection District be addressed and resolved prior to site disturbance.
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3) That all comments set forth in the January 28th, 2014 memorandum from the Eagle
County Engineering Department be addressed and resolved prior to site disturbance.
4) That prior to Certificate of Occupancy for the proposed expansion, a landscape plan be
developed by the ERWSD for review and approval by county staff.. Specifically, that the
ERWSD install substantive landscaping that will mature in 10 to 15 years and establish
an effective visual buffer between the subject property and Interstate -70, along the
south side of the site, and on the east side to aid in screening the facility from Lake
Creek Village.
5) That the applicant prepares a Spill Prevention Control and Countermeasures Plan for
review and approval by Eagle County staff to address containment and spill response to
hazardous materials releases associated with onsite fuel storage during construction,
prior to site disturbance.
6) That the ERWSD will work with County Staff to develop a stream temperature
monitoring program following the Colorado Water Quality Control Commission
rulemaking hearing in June 2014.
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 Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the _J_- day of ►"'FR..A =— 2014.
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ATTEST;
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Clerk to the Boar of .
County Commissioners
COUNTY OF EAGLE, STATE OF
LORADO, By and Through Its
g D OF COUNTY COMMISSIONERS
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ian H. Ryan
Chairman
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Sara J. Fisher
Comm'ssioner
Kathy C ndler -Henry,
Commissioner
Commissioner
seconded adoption of the foregoing resolution. The roll
having been called, the vote was as follows;
Commissioner Ryan At- "
Commissioner Chandler -Henry `
Commissioner Fisher_
This resolution passed by
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the County of Eagle, State of Colorado.
vote of the Board of County Commissioners of
