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HomeMy WebLinkAboutR15-097 1041 Permit Lake Creek Metro District Rebecca Anne Moores Family Trust Eagle County, CO 201522769 Teak J Simonton 12/07/2015 Pgs: 5 03:09:51 PM REC: $0.00 OF(, 4 DOC: $0.00 Commissioner �V �k- moved adoption of the following Resolution: EAGLE-. N EY L , BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO, SITTING AS THE EAGLE COUNTY PERMIT AUTHORITY RESOLUTION NO.2015 - R 1041 PERMIT RESOLUTION OF APPROVAL FOR THE LAKE CREEK METROPOLITAN DISTRICT /REBECCA ANNE MOORES FAMILY TRUST WATER AUGMENTATION RESERVOIR SYSTEM EXPANSION File Number 1041-5335 WHEREAS,in February 2015,the Lake Creek Metropolitan District and Rebecca Anne Moores Family Trust('LCMD'and'Applicant')submitted an application for 1041 Permitting to allow expansion of an existing reservoir system located Block 1, Lot 6 of the Lake Creek Meadows Subdivision (the "Project"); and WHEREAS,The Lake Creek Metropolitan District(LCMD) goal through this 1041 Permit. application is to expand an existing reservoir system located on Block 1, Lot 6 of the Lake Creek Meadows Subdivision. The existing reservoir has been operating at a storage capacity of approximately 2.0 acre-feet since 1969. The proposed expanded reservoir system will have a total capacity of approximately 7.0 acre-feet within three connected storage structures,hereinafter referred to as the"Reservoir System" or"Project". The Project is to be located on contiguous Lots 4, 5 and 6, Block 1, Lake Creek Meadows Subdivision; and WHEREAS,The proposed Reservoir System entails the construction of two augmentation reservoirs connected through a smaller reservoir and pipeline,as well as,relocation and upgrade of the District's existing surface water diversion structure and channel used to fill the proposed Reservoir System. Constructing the Reservoir System will increase the LCMD's total augmentation storage capacity to approximately 7.0 acre-feet by creating a Reservoir System that entails enlargement and improvement of the existing reservoir on Lot 6,as well as,two new interconnected reservoirs; one on each of two contiguous lots 4 and 5; and WHEREAS,This proposed expansion is in accordance with the 7.0 acre-feet of storage decreed to the Lake Creek Meadows Reservoir by the State Water Court in Case No.W-3587 in 1977. Water will be returned to West Lake Creek at a point approximately 1,600 feet downstream of the proposed point of diversion after flowing through the Reservoir System; and WHEREAS,The primary function of the Reservoir System is to replace out-of-priority depletions within the Lake Creek basin caused by the District's operations in order to assure reliable municipal water supply to District residents. Construction of the Reservoir System will provide a permanent replacement water supply to benefit the District's constituents while maintaining flows relied upon by senior water users in West Lake Creek and Lake Creek during ►� r:• .FSeR r� 1 By: Eagle County Attdrney's Office By• Eagle County Commissioners' Office particularly dry times. The Reservoir System expansion is an important component of the District's overall water supply system; and WHEREAS,The LCMD has been seeking for years a location to perfect these augmentation water rights within its boundaries. The proposed Reservoir System presents a unique opportunity for the District to partner with a private property owner to construct this facility,which will build out facilities to exercise the water rights that were confirmed in the late 1970's. The LCMD will utilize water stored in the Reservoir System for augmentation in conjunction with its Colorado River Water Conservation District water supply contracts for the Eagle and Colorado rivers; and. WHERAS,the Board of County Commissioners,sitting as the Eagle County Permit Authority, 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 1041 Permit Application as it pertains to Chapter VI,Sections 6.04.01,and 6.04.02 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. (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. 2 (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 6.04.02 Additional Criteria Applicable to Municipal and Industrial Water Project, and as more specifically described in the application materials: (1) The Project SHALL 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 (3) The Project SHALL be 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 SHALL be accomplished in a manner that will prevent the pollution of aquifer recharge areas. SPECIAL USE PERMIT WAIVER: In accordance with Chapter II,Article 3,Section 3.310.I.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.I.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.I.2 of the Eagle County Land Use regulations is hereby granted. THAT,the Eagle County Permit Authority hereby directs the Planning Director to provide a copy of this Resolution to the Applicant. THAT, Permit Number 1041-5335 for: 1) Site selection and construction of major new water and sewage treatment systems and major extension of existing domestic water and sewage treatment systems; and 2)Additional criteria applicable to Municipal and Industrial Water Projects be and is hereby APPROVED subject to the following conditions of approval: 1) Except as otherwise modified by this development permit,all material representations made by the Applicant in this application and in any public meeting shall be adhered to and considered conditions of approval. 2) Prior to any site work commencing,all requirements set forth in the Engineering Department Memorandum dated October 8, 2015 shall be addressed to the County Engineer's satisfaction. 3) The partnership constructing this Project will ensure a qualified geotechnical engineer will assist the project team with any final design mitigation or confirmation of subsurface soil conditions,as may be required for construction. Applicant will submit a 4 letter from the project geotechnical engineer confirming final design mitigation with application for grading permit. 4) During site construction,all recommendations and Best Management Practices set forth in the Colorado Parks and Wildlife letter dated September 24, 2015,shall be implemented;with the exception of constructing the pond embankments at a 4:1 slope. 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 11 day of )VOVrC W $,vitta015. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its . xc� BOARD OF COUNTY COMMISSIONERS 411 pip ATTEST: I 11:871': 146-41--j `D► w.°�,i b �ocoaed°. By: /e/ :. .L.LJ.A. / 1 Clerk to the Board of Kathy'handler-Henry County Commissioners Chair ►, _ ...rl -anne McQueen: Comp•.4.i eer 411011F Tian H. Ryan ''nn .. Commissioner Commissioner fi'�``1k - _4 seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry M Commissioner McQueeney Commissioner Ryan ►Q-U k This resolution passed by ! D vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 5