The URL can be used to link to this page

Home My WebLink AboutMinutes 07/10/07 PUBLIC HEARING July 10,2007 Present: . Am Menconi Sara Fisher Peter Runyon Bruce Baumgartner Bryan Treu Robert Morris Teak Simonton Chainnan Commissioner Commissioner County Manager County Attorney Deputy County Attorney Clerk to the Board This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Executive Session It was .moved, second~dand. unanimously agreed to go into Executive Session for the purpose of receiving legal advice regarding the McNulty Ranch Conservation Easement pursuant to C.R.S. 24-6-402(4)(b) and (e) Colorado Revised Statutes. It was moved, seconded and unanimously agreed to adjourn from Executive Session. National Association of Counties Achievement Awards Mixing Work and Play: Miller Ranch Childcare &. Community Center Facilities Management Lizanne Lennon and Clark Shivley were present from the Facilities Management Department. Rich Cunningham, previous Facilities Director was also present. Clark Shivley spoke to the board about the fact that each person had contributed. There are offices for Health andHuman services personnel and achildcare center. Commissioner Fisher thanked the Facilities Management crew for their efforts on this project. Commissioner Runyon added that the decision to go forward occurred prior to his tenure. He thanked the previous board for their role in pushing forward this facility and serving the needs. Chairman Menconi mentioned that Rich Cunningham who was the Director of Facilities when this project was built was also present. He thanked Mr. Cunningham for his service to the county. Fleet ServiceslRoad & Bridge Special Recognition Awards Brad Higgins, Public Works Chairman Menconi spoke about a recent event in which the Road and Bridge team went above and beyond to address an oil spill caused when a bus on its nonnal route hit two potholes simultaneously in Miller Ranch. He thanked the individuals that were called to assist, Jim Epperson, Roy Wilko Gary Nestor, John Harris, George Kursten, Modesto Sanchez, Neil Herridge and Nate Ivie. Commissioner Fisher thanked the team from Road and Bridge for their efforts with this situation. Commissioner Runyon added his thanks to the crew for being on top of the problem quickly. Chairman Menconi presented some recognition certificates. Consent Agenda Chairman Menconi stated the first item before the Board was the Consent Agenda as follows: 1 07/1 0/07 A. Approval of bill paying for the weeks of July 9 and July 16, 2007 (subject to review by the Finance Director) Finance Department Representative B. Approval of payroll for July 19, 2007 (subject to review by the Finance Director) Finance Department Representative c. Second Arnendmentto the Agreement Regarding Provision of Professional Services for the Justice Centef Campus Final Programming and Enhanced Concept Design and Cost Estimating Tom Johnson, Facilities Management D. Resolution Conferring Power of Attorney upon Bryan R. Treu, County Attorney, Robert L. Morris, Deputy County Attorney, Christina L. Hooper, Assistant County Attorney and Alex Potente, Assistant County Attorney to act as Attorney in Fact for the County of Eagle,. State .of Colorado, with respect to American National Bank letter of credit No. 46 in the amount of $371 ,233.1 0 fOf the account of Arrowhead Valley Developers, LLC for Subdivision and Improvements Agreement dated October 22, 2002 for the benefit of Arrowhead River Ranch Subdivision Attorney's Office Representative E. Resolution Conferring Power of Attorney upon Bryan R. Treu,County Attorney, RobertL. Morris, Deputy County Attorney, Christina L. Hooper, Assistant County Attorney and Alex Potente, Assistant County Attorney to. act as Attorney in Fact for the County of Eagle, State of Colorado, with respect to American National Bank letter of credit No. 6S in the amount of $177,867.57 for the account of Arrowhead Valley Developers, LLC for Subdivision and Improvements Agreement dated October 22, 2002 for the benefit of Arrowhead River Ranch Subdivision Attorney's Office Representative F. Agreement between Eagle County and Susan Arbaney to provide licensed child care Kate Forinash, Health & Human Services G. Resolution 2007.074 Correction of an erratum in the approved Planned Unit Development Guide for the Willits Bend Planned Ulilit Development (Eagle County File No. PDP-00032) Joe Forinash, Community Development H. Resolution 2007-075 Approving Appropriation for McNulty Ranch purchase, closing documents related to purchase, and other agreements and authorizing any of the Eagle County Commissioners to execute all documents necessary to effectuate the closing of the McNulty Conservation Easement Purchase Lisa de Graaf, Community Development I. Minor Type Subdivision / Berry Creek Ranch Filing No.4; a resubdivision of Lot 41, Block 3. The intent of this Minor Type B Subdivision is to subdivide Lot 41 and a newly constructed duplex structure (Eagle County File No. 5MB-(0420) Bob Narracci, Community Development Chairman Menconi asked the Attorney's Office if there were any changes to the Consent Agenda. Bryan Treu, County Attorney stated that items D and E needed to be pulled as the county had received extensions on the letters of credit and they were no longer necessary. Commissioner Runyon moved to approve the Consent Agenda, Items A-I, excluding items D and E. Commissioner Fisher seconded the motion,. The vote was declared unanimous. Citizen Input There was none 2 07/10/07 Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Liquor Licensing Authority. Commissioner Runyon seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda A. Hansen Development Company, LLC dlb/aPineyRiver Ranch This is a renewal for a Hotel and Restaurant Uquor Ucense with Optional Premises in Vail. There have been no complaints or disturbances in the past year. All the necessary fees have been paid. An Alcohol Management Plan is on file in the Clerk's Office and proof of server training has been provided. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda forJuly.l0, 2007, . consisting ofItems A. - Commissioner Fisher seconded the motion. The vote was declared unanimous. Other Liquor APPUCANT: DBA LOCATION: REPRESENTATIVE: REQUEST: STAFF REPRESENTATIVE: Behringer Harvard Residences at Cordillera, LLC The Lodge and Spa at Cordillera 2205 Cordillera Way in Edwards CO Chris Hanan, General Manager Transfer of Ownership Kathy Scriver DESCRIPTION: This is a request for the Transfer of a Hotel and Restaurant License. with four (4) Optional Premises. aehringer Harvard Residences at Cordillera, LLC has applied for a Transfef of Ownership from Colorado Hotel Operatof, Inc. d/b/a The Lodge and Spa at Cordillera. The applicant is currently operating under a Temporary license issued by the Local Licensing Authority on May 29,2007. ESTABUSHNEIGHBORHooD: As a transfer of ownership, this step is not required of the applicant. ESTABUSB NEEDS OF THE NEIGHBORHOOD: As a transfer of ownership, this step is not required of the applicant. STAFF FINDINGS: lim This application is in order, all application requirements have been met, all the proper fonns have been filled out, and all fees have been paid. lim The premises where the alcoholic beverages will be sold has been previously licensed by the state and local. licensing authorities and was valid as of the date of receiving the application. lim The applicants are reported to be of good moral character. lim The statement that all accounts for alcohol beverages sold to the applicant are paid has been received. 3 07/1 0/07 I!TiI Individual history records and fmger print cards for each individual with ownership of 10% or more are on file. POSTING AND PUBLICATION Public notice has been given by the posting of a sign in a conspicuous place on the premises June 28, 2007, at least 10 days prior to the hearing. Publication of the notice is not required for a transfer of ownership. CONCERNS / ISSUES: None DISCUSSION: Ms. Scriyer presented the request. She introduced ~e applicant's representatives who were present, Alan Dill, Jeff Nelsen and Chris Hanen. Alan Dill, legal counsel for the group asked to explain the request to the board. Jeff Nelson, representing the ownership group spoke. He stated that they have retained Rock Resorts as the manager. Everything is intended to remain as the previous owner's operation. Commissioner Runyon moved that the Local Liquot Licensing Authority, incorporating staff fmdings, approve the transfer of the Hotel and Restaurantliquor license with OptionalPremises from Colorado Hotel Operator, Inc. d/b/a The Lodge and Spa at Cordillera to Behririger Harvard Residences at Cordillera, LLC d/b/a The Lodge and Spa at Cordillera. Commissioner Fisher seconded the motion. The vote was declared unanimous. APPLICANT: DBA LOCATION: REPRESENTATIVE: REQUEST: STAFF REPRESENTATIVE: Behringer Harvard Residences at Cordillera, LLC Cordillera Mountain Club 1280 Village Road, Unit #333-C Chris Hanan, General Manager Transfer of OWnership Kathy. Scriver DESCRIPTION: This is a request for the Transfer of a Tavern License. Behringer Harvard Residences at Cordillera, LLC has applied for a Transfer of Ownership from Colorado Hotel Operator, Inc. d/b/a Cordillera Mountain Club. . ESTABUSH NEIGHBORHOOD: As a transfer of ownership, this step is not required of the applicant. ESTABLISH NEEDS OF THE NEIGHBORHOOD: As a transfer of ownership, this step is not required of the applicant. STAFF FINDINGS: I!TiI This application is in order, all application requirements have been met, all the proper fonns have been filled out, and all fees have been paid. I!TiI The premises where the alcoholic beverages will be sold has been previously licensed by the state and local licensing authorities and was valid as of the date of receiving the application. I!TiI The applicants are reported to be of good moral character. I!TiI The statement that all accounts for alcohol beverages sold to the applicant are paid has been received. 4 07/1 0/07 Ifm Individual history records and fmger print cards for each individual with ownership of 1 ()oAI or more are on file. POSTING AND PUBLICATION Public notice has been given by the posting of a sign in a conspicuous place on the premises June 28,2007, at least 10 days prior to the hearing. Publication of the notice is not required for a transfer of ownership. CONCERNS 1 ISSUES: None DISCUSSION: Ms. Scriver spoke about this request. . All findings were positive. Alan Dill representing the applicant spoke to the board. He introduced the registered manager Adam Lewis. Commissioner Fisher reiterated that the board takes the holding of liquor licenses very seriously and impressed upon the managers the importance of alcohol service responsibilities. . Commissioner Fisher moved thatthe Local Liquor Licensing Authority, incorporating staff findings, approve the transfer of the tavern liquor license from Colorado Hotel Operator, Inc. d/b/a Cordillera Mountain Club to Behringer Harvard Residences at Cordillera, LLC d/b/a Cordillera Mountain Club. Commissioner Runyon seconded the motion. The vote was declared unanimous. APP'-tICANT: LOCATION: REPRESENTATIVE: REQUEST: STAFF REPRESENTATIVE: DESCRIPTION: This is a request for the Transfer of a Hotel and Restaurant License. DB Enterprises, Inchas. applied for a Transfer of Ownership from Golden Eagle Inn, Inc. d/b/a Golden Eagle Inn. The applicant is currently operating under a Temporary license issued by the Local Licensing Authority on May 22,2007. DB Enterprises, IDed/b/a The Golden Eagle Inn 118 Beaver Creek Plaza in Avon (Beaver Creek)\CO Donald Bird, President/Owner Transfer of Ownership Kathy Scriver ESTABLISH NEIGHBORHOOD: As a transfer of ownership, this step is not required of the applicant. ESTABUSH NEEDS OF THE NEIGHBORHOOD: As a transfer of ownership, this step is not required of the applicant. STAFF FINDINGS: Ifm This application is in Qrder, all application requirements have been met, all the proper forms bave been filled out, and all fees have been paid. I!m The premises where the alcoholic beverages will be sold has been previously licensed by the state and local licensing authorities and was valid as of the date of receiving the application. I!m The applicant is reported to be of good moral character. I!m The statement that all accounts for alcohol beverages sold to the applicant are paid has been received. I!m The applicant is over 21, fmgerprints are on file, and his Personal History Record is on file. 5 07/10/07 POSTING AND PUBLICATION Public notice has been given by the posting of a sign in a conspicuous place on the premises June 28, 2007, at least 10 days prior to the hearing. Publication of the notice is not required for a transfer of ownership. CONCERNS / ISSUES: None DISCUSSION: Ms. Scriver provided details related to the transfer request. Don Bird, owner of the facility spoke to the board. They opened on July 4 and are currently fmishingthe remodel. Mr. Bird managed the restaurant for 20 years prior to purchasing the operation. Commissioner Fisher thanked Mr. Bird and wished him well. Commissioner Runyon concurred. Commissioner Runyon moved that the Local Liquor Licensing Authority, incorporating staff fmdings, approve the transfer of the Hotel and Restaurant liquor license from Golden Eagle Inn, Inc. d/b/a Golden Eagle Inn to DB Enterprises, Inc d/b/a The Golden Eagle Inn. Commissioner Fisher seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board .of County Commissioners. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Board of County Commissioners and re-convene as the Eagle County Board of Equalization. Commissioner Runyon seconded the motion. The vote was declared unanimous. Resolution 2007..:076 Reports of Assessor of Valuation for Assessment for Taxable Real and Personal Properfy' in Eagle County Assessor's Office Representative, Shannon Hearst Ms. Hearst indicated that she would be happy to answer any questions. Commissioner Fisher asked about the package related to failure to report personal property. Ms. Hearst stated that this relates to people who failed to return their schedules. They are still assessed, and are fined for not returning this schedule. If their value is under $2500 they do not have to provide a schedule. Ms. Hearst indicated that she was not aware of what the normal number of these failures would be, The personal property appraiser should be perfonning inspections. She stated that she would look into it. Commissioner Runyon moved to approve Resolution 2007-076 Presentation of Reports of Assessor of Valuation for Assessment for Taxable Real and Personal Property in Eagle County. Commissioner Fisher seconded the motion. The vote was declared unanimous. Resolution 2007-077 Regarding Petitions to the Eagle County Board of Equalization Attorney's Office Representative, Christina Hooper Ms. Hooper stated that the board had a report summarizing the hearing officer's recommendation to date. There have been 30 adjustments in valuation recommended. Commissioner Fisher wondered how many additional appeals needed to be heard. Ms. Hooper stated that appeals are still coming in. She indicated that the Assessor received over 6000 requests for appeal. 6 07/10/07 Commissioner Runyon stated that vel)' few of the recommendations exceeded. 1 0%. Deanna Tuley responded that the typical reason for the reduction can be based on different comparable sales prices presented by the parties. She looks.at the assessed values. She doesn't necessarily see any trends. Commissioner Runyon stated that many citizens are concerned about this. Property values Went up an average of 40%. He asked if Ms. Tuley was C()mfortable with the procedures followed by the Assessor's staff. Ms. Tuley stated that she could not adequately respond to this question, as she does not have the complete . perspective. Commissioner Fisher stated that around 2800 values had been adjusted and the appeals are based on dissatisfaction with the adjustments. She is aware that there were around 2900 denials for adjustment. Ms. Tuley stated that often the appeal is adjusted upwards. Commissioner Fisher complimented the Assessor's office as she has had positive feedback from property owners related to the process. Commissioner Fisher moved to approve Resolutions 2007-077 Regarding Petitions to the Eagle County Board of Equalization. Commissioner Runyon seconded the motion. The vote was declared unanimous. Commissioner Runyon moved to adjourn as the Eagle County Board of Equalization and re-convene as the Eagle Board of County Commissioners. Commissioner Fisher seconded the motion. The vote was declared unanimous. Second reading of an Ordinance Appointing the Sheriff of Eagle County or his Designee as the Designated Person to Declare Fire Restrictions within unincorporated areas of Eagle County Attorney's Office Representative Bryan Treu stated that this codifies the process that has been used for many years. This ordinance will.give the Sheriff's office more formal authority and provide enforcement mechanisms; He added that there are slight changes to the ordinance. There is a fourth whereas clause, which indicates: ''pursuant to Section 30-15-405 C.R.S. immediate adoption of the ordinance is necessary to protect the public health and safety and that this ordinance will decrease the risk of uncontrolled fires during the summer fire season. The other change is ''The effective date of the ordinance will take place upon adoption." Commissioner Fisher asked how things were going. Sheriff Hoy indicated that it has been a tough season due to lightening and man made fires. . The winds . being calm helped the situation in Singletree. He implored everyone to remain cautious until there is some persistent moisture. Mr. Treu suggested that SheriffHoy give a description of what the fire restriction are currently. Sheriff Hoy stated that in unincorporated Eagle County fireS are not allowed unless there isa fire grate in the case of a campground. Charcoal can only be used on private property in a grill. . So far welding tools and chainsaws are not being restricted. No fireworks are allowed. Commissioner Fisher moved to approve the Ordinance Appointing the Sheriff of Eagle County or his Designee as the Designated Person to Declare Fire Restrictions within unincorporated areas of Eagle County as amended by the county attorney. Commissioner Runyon seconded the motion. The vote was declared unanimous. Site visit - B&BMontgomery Site, . SUP Amendment B&B Montgomery Site 7 07/1 0/07 Planning Files 5MB-00397 - Cordillera FilmS! 1 & 2 Lot 34 Joe Forinash, Planning Department ACTION: A fmal plat which would subdivide Lot 34 to re-create Lot 33 and Lot 34 as the site was originally platted and to create a building envelope on the newly created Lot 33. FILE NOJPROCESS: LOCATION: OWNER/APPLICANT: REPRESENTATIVE: 5MB-00397 I Minor Type B Subdivision 1715 CordiUera Way Robert Dainoand Phyllis Daino Robert Daino and Phyllis Daino STAFF.RECOMMENDATION: Approval A. PROJECT DESCRIPTION: A fmal plat which would subdivide Lot 34 to re-create Lot 33 and Lot 34. as the site was originally platted and to create a building envelope on the newly created Lot 33. B. SITE DATA: Surrounding Land Uses lZoning: East: Undeveloped f PUD West: Residentialf PUD North: Residentialf PUD South: Cordillera Way; Residential I PUD Existing Zoning: PUD Total Area: 5.849 acres C. STAFF FINDINGS: Pursuant to Section5-290.G.2 of the Eagle County Land Use Regulations the Community Development Director has detennined the follOwing in the review of this Type B Minor Subdivision: a. Access, Water and Sewage. The access, potable water, and sewage disposal on the land to be subdivided IS adequat~; . b. Conformance with Final Plat Requirements. The subdivision IS in confonnance with the Final Plat requirements and other applicable regulations, policies, standards, and guidelines; and Co Improvements Agreements. A Subdivision Improvements Agreement is NOT applicable to this application. DISCUSSION: Mr. Forinash showed a PowerPointpresentation related to the property and request details. He showed the plat, which eliminated the common lot line between lots 34 and 33. He also showed the proposed plat with the new proposed lot line and the new building envelope. Robert Daino, applicant was present. Chainnan Menconi opened and closed public comment, as there was none. Commissioner Runyon asked Mr. Forinash about the number of square feet allowed for the lot size. He wondered iflot 34 received additional.square footage due to the fact that lot 33 had been vacated. He also asked if the lot could be seen from 1-70. Mr. Forinash indicated that the future home might be seen from the interstate. 8 07/10/07 Mr. Daino indicated that there is no view ofI-70 from the area in question. Mr. Forinash indicated that 1-70 could be seen from the house. Commissioner Runyon clarified that it appeared that the house would not be breaking the ridge line. Commissioner Fisher wondered iflot 33 would have its own driveway. Mr. Daino stated that it would be its own building with its own driveway. Chainnan Menconi also asked about the ridgeline. Mr. Forinash indicated that it would not break the ridgeline.. Chairman Menconi stated that the board is attempting to look towards housing dwelling size. He wondered if this would be subdivided. Mr. Daino indicated that according to Cordillera guidelines the home could only be arouild 3000 -7000 square feet. This is regulated by the Design Review Board of Cordillera. Chainnan Menconi asked the size of the home on.lot 34. Mr. Daino indicated that the home is 4800 square feet. Chairman Menconi asked if the other homes were the same size as the applicant's home. Mr. Daino indicated that his home is the smallest in the neighborhood. Commissioner Runyon inquired if the applicant had met all previously set conditions. Mr. Forinash stated that they had. This plan is consistent with the initial final plat that was approved in 1998. Commissioner Runyon wondered about the possibility for an Accessory Dwelling Unit. Mr. Forinash stated that these are not allowed. Commissioner Fisher moved that the Board approve File No. 5MB-00397and authorize the Chairman to sign the plat. Commissioner Runyon seconded the motion.. The vote was declared unanimous. AFP - 00249 Lake Creek Farm Lots 1 & 2 Jena Skinner-Markowitz, Planning Department NOTE: File tabled from April 10 and May 1,2007. To be tabled to July 31, 2007 ACTION: The purpose of this plat is to amend the existing building envelope on Lot 2 and move it closer to the shared lot line between Lots I and 2. In addition, a new access, drainage and utility easement will also be created on Lot 1. . LOCATION: 1003/1005 Lake Creek Road; Edwards Commissioner Fisher moved to table File No. AFP - 000249 Lake Creek Farm Lots 1 & 2 to July 31, 2007, at the applicants request Commissioner Runyon seconded the motion. The vote was declared unanimous. 1041~069 Ealde Park Reservoir Enlal1!ement Proiect Bob Narracci, Planning Department . ACTION: 1041 Pennit to allow modifications to the dam spillway to raise the reservoir surface elevation by 2.5 feet and increase the capacity of the spillway. The proposed project would increase the active storage capacity of Eagle Park reservoir from 3,148 acre-feet to 3,303 acre-feet thereby providing an additional 155 acre-feet of active storage capacity for water rights augmentation and streamflow enhancement purposes. LOCATION: Eagle Park Reservoir is an off channel reservoir which is located in the headwaters of the East Fork of the Eagle River. 9 07/10/07 TITLE: APPLICANT: REPRESENTATIVE: REQUEST: Eagle Park Reservoir Enlargement Project 1041 Pennit Amendment Eagle Park Reservoir Company Dennis Gelvin, General Manager 1041 Pennit to allow enlargement of Eagle Park Reservoir 1. SUMMARY This 1041 pennit application by the Eagle Park Reservoir Company proposes an enlargement to increase storage capacity and fnm yield. Specifically, the request is to modify the dam spillway to raise the reservoir surface elevation by 2.5 feet and increase the capacity of the spillway. This proposed project will increase the active storage capacitY. of Eagle Park Reservoir from 3,148.3 acre-feetto 3,301.6 acre-feet thereby providing an additional 153.3 acre-feet of active storage capacity for water rights augmentation and stream flow enhancement purposes. The reservoir's fnm annual yield will increase by 78 acre-feet, from the existing finn yield of 2,0 13 acre-feet to 2,091 acre-feet. This proposal is necessary to meet growing water supply needs in Eagle County. The permanent population of Eagle County increased from 21,928 in 1990 to 47,900 in 2004, making Eagle County one of the fastest growing counties in the United States. Population growth projections developed by the Colorado Department of Local Affairs indicate that the Eagle County's population could grow to over 86,000 by 2030. During the critical low stream flow wintef months; water use in Eagle County is limited by the senior water rights for the Shoshone Power Plant located on the Colorado River in Glenwood Canyon. When the flow in the Colorado River is not sufficient to fulfill the Shoshone water rights, the power plant places a 'call' on the river which results in the curtailment of water rights that are junior to January 7, 1902. When this call is on,junior water rights on the Colorado River and its tributaries above Dotsero must curtail their diversions unless they have a source of 'augmentation' water that can be released to meet the call. During the fall and winter months, most of the water rights for snowmaking and domestic uses in Eagle County are junior to the Shoshone call and require augmentation. Many water users in Eagle County rely Upon Green Mountain Reservoir as their primary augmentation source because there is insufficient storage available in the Eagle River Basin to meet all of the augmentation needs. Furthennore,because Green Mountain Reservoir is located on the Blue River in Summit County, its use for augmentation of water rights in the Eagle River Basin does not mitigate the impacts of diversion on instream flows in Eagle County. One of the primary purposes of this proposed enlargement of the Eagle Park Reservoir is to provide additional in-basin . augmentation water that can be used in-lieu of Green Mountain for water diversions during periods when the Shoshone call is in effect. Additionally, some of the water rights for snowmaking and domestic uses in Eagle County are junior to instream flow water rights held by the Colorado Water Conservation Board for protection of the Eagle River fishery. Water released from Eagle Park Reservoir to replace downstream out-of-prioritywater diversions also serves to enhance instream flows during critical low-flow periods. ' Water diversions to storage at Eagle Park Reservoir occur during spring runoff and water releases occur primarily during the late summer, fall and winter months. The Colorado Water Conservation Board has year-round instream flow water rights on the East Fork of the Eagle River for 1.5 cubic feet per second from the headwaters to the confluence of Cataract Creek and 2 cubic feet per second from Cataract Creek to the confluence of the South Fork of the Eagle River at Camp Hale. The amount of water released from reservoir storage varies from year to year depending upon the augmentation requirements of the participating water users and stream flow conditions in the Eagle River. 10 07/10/07 Eagle Park Reservoir currently hasa total storage capacity of3,148.J acre feet and an estimated dry-y~ar yield of 2,013 acre-feet. The reservoir stores water from two primary water sources: I) runoff from the drainage lU"ea upstream of the reservoir and; 2) diversions from the Chalk Mountain Interceptor.W ater imported to the basin from the Arkansas Well has also been stored in Eagle Park when inflows from the primary sources of runoff have not bee sufficient to fill the reservoir. Under an agreement between Climax Molybdenum Company and Eagle Park Reservoir Company, the right to the use of the Arkansas Well water is being returned to Climax with construction. ofa diversion facility and Pump Station on the East Fork of the Eagle Riv~r. Climax completed construction of the East Fork diversion facility, Pump Station, and pipeline to the reservoir in the fall of2006 under Artny.Corps of Engineers Pennit No.1 200675087 . Pursuant to the original Eagle County 1041. Pennit, the primary purpose of the Pump Station is to replace the Arkansas W~ll water that has been used historically to fill the reservoir. Construction related impacts should be minimal with no new areas of disturbance. Construction traffic will utilize existing roads and construction will b~ limited toth~ spillway with no modifications to th~ dam or reservoir bathymetIy. During construction, the reservoir level will be reduced to about 2 to 3 feet below the normal high water elevation. The reservoir will be refilled during th~ spring runoff following construction. . The Project will result in the loss of 0.27 acres of jurisdictional wetlands in areas along the existing shoreline of the reservoir which will be inundated when the enlarged reservoir is filled. Wetland mitigatioQ options have been identified that will provide up to 0.54 acres of mitigation. 2. BACKGROUND & CHRONOLOGY The Eagle Park Reservoir is an off channel reservoir which is located in the headwaters of the East Fork of the Eagle River. The dam was originally constructed by the Climax Molybdenum Company at the Climax Mine and used to store mine tailings. As part of the mine reclamation process, Climax completed the removal of tailings deposits from the reservoir in 1996 and converted the facility to a fresh water storage reservoir. under an Eagle County 1041 Permit approved in July 1998 (Resolution No. 98-88): In October of 2006, Climax also-completed construction of the East Fork.pipeline and pump station facilities, which were also included in the 1998 1041 Permit. In 1998, the Eagle Park Reservoir Company purchased the Eagle Park Reservoir from Climax and began using it for industrial, municipal, irrigation and environmental water supply purposes. The Eagle Park Reservoir Company is a Colorado non-profit mutual ditch and reservoir company. The primary shareholders include the Upper Eagle Regional Water Authority, the Eagle River Watef & Sanitation District, Vail Associates, Inc. and the Colorado River Water Conservation District. 3. REFERRALS This 1041 Pennit Application was referred to the following departments and agencies with a request for comment: · Eagle County Engineering Department · Eagle County Attorney's Office · Eagle . County Department of Environmental Health · Colorado State Health Department - Water Quality Division · Colorado State Health Department - Air Quality Division · Colorado Geological Survey · Colorado Department of Transportation · Colorado Department of Wildlife · Colorado Division of Water Resources · Colorado State Historical Society · Colorado River Water Conservation District · Water Conservation Board · US Anny Corps of Engineers 11 07/10/07 · Natural Resource Conservation Service · Northwest Co.lorado. Co.uncil of Governments · Eagle County Planning Commission As of this writing, the following agencies have responded: Eagle County Engineering Department: Please refer to. the attached response dated June 28, 2007, wherein no. comment is offered. Eagle County Department of Environmental Health and Community Development Department: .The Environmental Health Departl11ent was integral in the analysis of this project and preparation of this staff report. All necessary and applicable fmdings have been met to our satisfaction. Overall, this project would provide in-basin storage at the headwaters at a relatively low cost with little environmental. degradation. The benefits far exceed the detriments. We would encourage the applicant to have Dust Suppressio.n,. Stonn Water Management and Erosion Control Plans submitted along with the grading pennit application for review and approval. These plans should be kept on-site and enforceable to effectively mitigate adversarial impacts. We would also ask the applicant to time construction activities with the Division of Wildlife to. avoid unnecessary impacts to spawning trout.. In addition, we would ask that a report be submitted annually regarding the success of wetland mitigation until such time as the I: I ratio of replacement or protectio.n is accomplished. Eagle County Planning Commission: At the Eagle County Planning Commission hearing on June 20, 2007 the Planning Commission provided the following comments: 1) Additional storage at the headwaters is a good deal for the County and the ecosystem. 2) We need to do additional small~ in-basin headwater storage projects such as this one. 3) Stressed that the new capacity proposed with this Eagle Park Reservoir expansion will not be utilized for sale for new development. Colorado Geological Survey: Please refer to. the attached letter dated July 2, 2007. CGS notes that hazard maps of the area . show that the steep slopes surrounding the project are unstable; they have the potential for landsliding and/or accelerated soil creep. Unfortunately, I could not find any record of a previous review byCGS.The current application does not contain detailed infonnation on geologic hazards or the work done in 1998 to mitigate any hazards. As such, I could not review the work done in 1998. Due to the limited nature of the project, if geologic. hazards were properly evaluated and addressed.in.I998, it is unlikely that the.reservoir expansion will cause or be subject to significant risk from geologic hazards. Colorado State Historical Society: Please refer to the attached letter dated May 31, 2007. The Historical Society recommends that the affected area be investigated by an archaeologist prior to the start of the proposed project due to the fact that the area around the edge of the reservoir has not been surveyed for historic or archaeological resources. 4. FINDINGS & RECOMMENDATIONS A. Pursuant to Eagle County Land Use Regulations, Section 6.04.01, Fermi/Application Approval Criteria for Matters of State Interest. and as more specifically described in the application materials, the following analysis is provided. The Approval Criteria is numbered and indicated in bold. A summary response is provided with the recommendation indicated in the fmdings box. APennit to conduct a designated activity of state interest or to engage in development in a designated area of state interest shall be approved if the Project complies with the following general criteria and any additional applicable criteria in Sections 6.04.02 or 6.04.03. If the Project does not comply with anyone or more of these criteria, the Pennit shall be denied or approved with conditions. In determining whether the Project complies with these criteria, or if conditions should be imposed, the Pennit Authority may utilize the considerations in Appendix "A". 12 07/10/07 (1) Documentation that prior to site disturbance for the Project, the applicant will have obtained !iU necessary property rights, permits and approvals. The Board may, at its discretion, defer making a final decision on the application until outstanding property rights, permits and approvals are obtained. The following list of permits and approvals are required prior to any site disturbance:. a) U.S. Anny Corp of Engineers 404 Pennit -'- Pending b) Colorado Water Quality Control Division 40 1 Water Quality Certification - Pending c) Colorado Division of Water Resources Technical Specifications - Approved February 15,2007 d) Eagle County 1041 Pennit Amendment - Pending per this application. e) Eagle County Engineering Department Grading Permit. [+] FINDING: (1) Rillhts. Permits andA(!DrOvals. As conditioned, the applicant WILL HAVE obtained all necessary property rights, pennits and appfovals prior to site disturbance. (2). The Project wiD not impair property rights held by others. The Eagle Park Reservoir Company owns and operates the reservoir and the . land upon which it is located. The water rights fOf the Eagle Park Reservoir were originally decreed to the Vail Associates, Inc.; the Eagle River Water& Sanitation District, the Upper Eagle Regional Water Authority and Cyprus Climax Metals Company in Case No. 92CW340. The original decree included a conditional right for 5,000 acre-feet of storage from sources including the following: the East Fork Interceptof Ditch (48 cfs); the Chalk Mountain Interceptor (12cfs); and the East Interceptor Ditch (20 cfs). The ownership. of these water rights was conveyed to the Eagle Park Company in September of 1998. In Case No.OOCW21O, the 3,148 acre--feet of storage in the existing reservoir was made absolute. Approximately 153.3 acre-feet of the remaining 1,852 acre-feet of conditional storage decreed in Case No. 92CW340 will be used for the proposed reservoir enlargement. The Project will therefore. not impair property rights. held by others. . [+] FINDING: (2) ProDem rillhts of others. 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. The applicable land use plan forthe Project area is the 2005 Eagle County Comprehensive Plan (2005 Plan). The applicable water quality plan for the Project area is the 2002 Northwest Colorado Council of Government's (NWCCOG) Regional Water Quality Management Plan (NWCCOG 208 Plan). The Project is consistent with the relevant provisions of these plans, as detailed below. 2005 Eae:le Countv Comprehensive Plan The Eagle Park Reservoir and the surrounding area are designated as Resource (R) in the 2005 Plan. The purpose of the Resource designation is to maintain the open rural character of Eagle County and.to protect and enhance the appropriate use of natural resources. and agricultural uses in the County including water, minerals, fiber and open land. This proposed Project, protect and enhance the appropriate use of water resources within in~basin headwaters is consistent with the County's land USe objective for the Resource zone district. The 2005 Plan also includes planning policies and goals pertaining to water resources including water use and water quality. The proposed enlargement of Eagle Park Reservoir is consistent with the County's goal to assure the availability of sufficient domestic water for all developed areas so long as requirements for 13 07/10/07 maintaining healthy natural riparian and aquatic ecosystems are being met. The Project is consistent with the following 2005 Plan water quantity policies: a. The long term viability of both ground and surface water sources should be prot~cted. The Project will further the long tenn viability of surface water sources for streamflows and water users. b. Minimum in-streamflows should be maintained and efforts to establish optimum in-streamflow standards in Eagle County should be supported. As described in the Eagle Park Reservoir Hydrology Report (Exhibit F) the Project will result in small increases in the amount of water diverted into.storage during spring runoff and available for release during low-flow periods in the summer, fall and winter. Reservoir releases will serve to enhance and, maintaininstream flows. c. Water conservation efforts by all water users in Eagle County should be implemented. All water uses within the areas served by the primary Shareholders in EPRC are covered by the ~ater conservation plans that have been adopted and implemented by these entities. Theprimaty purpose of these water conservation plans is to reduce or eliminate waste and increase efficiency in the ways water is used throughout the water supply and distribution systems. d. New water diversions and water storage projects should result in positive impacts to Eagle County's economy and environmental quality. As. documented in the Eagle Park Reservoir Enlargement Hydrology Report (Exhibit F), the Project will provide for augmentation ofwa.ter rights that are used for municipal, industrial and environmentaIpurposes. Reservoir releases will be beneficial to stream flows, water quality and fisheries in the East Fork of the Eagle River and the Eagle River.' . e. Collaborative efforts on regional land and water use planning efforts to address future growth, water supply, and stream flow protection should be encouraged. The development of Eagle Park Reservoir. and the proposed Enlargement Project has involved extensive collaboration between the Upper Eagle Regional Water Authority, the Eagle Rivef Water & Sanitation District, Vail Associates~ Inc., the Colorado River Water Conservation District, and Climax Molybdenum Company. In addition, the proposed Project has been endorsed by the Colorado River Basin Roundtable and a grant for funding of a portion of the Project planning and construction cost has been approved CWCB. The Project is consistent with the following 2005 Plan water quality policy: f. Water quality in Eagle (:ounty should meetthe highest applicable standtJrds. As documented in the original 1 041 Pennit Application and the water quality analysis results submitted with the Application, water stored in Eagle Park Reservoir meets the highest applicable water quality standards for the East Fork of the Eagle River. The geology of the land area which would be inundated by the reservoir enlargement is composed of the same material as the soil and rock that is covered by the current reservoir. It is therefore expected that the Project will continue to meet the highest applicable standards. The Project is consistent with the following 2005 Plan river and riparian habitat policy: h. Aquatic and riparian habitats should be protected/rom agricultural, industrial and development related impacts. As documented in the Wetland Delineation Report, (Exhibit E), impacts to riparian habitats will be minimized and fully mitigated. The proposed wetlands mitigation plan will result in net benefits to wetlands. As documented in the Hydrology Report (Exhibit F) reservoir operations will protect CWCB instream flow levels in the East Fork of the Eagle River and enhance streamflows in the Eagle River during critical low-flow periods. NWCCOG 208 Plan 14 07/10/07 The water quality plan for the Project area is the NWCCOG 208 Plan. The Eagle ParkReservoii Enlargement Project is consistentwith applicable WatefQuality and Water Use and Development policies of the NWCCOG 208 Plan as summarized below. Policy 1.1 - Project ~onstruction and operation will meet all existing water quality standards. Appropriate Best Management Practices (BMPs) will be implemented during construction to minimize erosion and sedimentation from disturbed areas. Policies 2.1 and 2.2 -Project operations will serve to enhance streamflows in East Fork of the Eagle River and the Eagle River during critical low-flow periods in amanner that mitigates water quality and aquatic environment impacts caused by water use and <ievelopment activities. The instream flow benefits of the Project are documented in the Eagle Park Reservoir Hydrology Report (Exhibit F). Policy 2.3 - The Colorado Water Conservation Board (CWCB) has. appropriated instream flow water rights in the East Fork of the Eagle River aIldin the Eagle River. The Project will be operated ina manner that rotects the CWCB water ri ts as dooumented in the H drolo Re rt Exhibit F . [+] FINDING: (3) Consistencv with plans. The Project IS consistent with relevant provisions of applicable land use and water quality plans. (4) Theapplieant has the necessary expertise and financial capability to develop and operate the Project consistent with all the requirements and conditions. The EPRC is a Colorado non-profit mutual ditch and reservoir company, established in 1998 under the Colorado Non-ProfitCorporation Act and ~ 7-42-101, et seq., C.R.S. The primary Shareholders of the Eagle Park Reservoir Company are the Eagle River Water & Sanitation District, the Upper Eagle Regional Water Authority, the Colorado River Water ConsetVation District and Vail Associates, Inc. Summary descriptions of the ERPC shareholders are included below. The Eagle River Water & Sanitation District (the "District") isa quasi-municipal corporation and a political subdivision of the State and wasfonned on July 1,1996 with the consolidation of Upper Eagle Valley Consolidated Sanitation District and Vail Valley Consolidated Water District. The District provides water and wastewater utility services and operations and management services and is responsible for the operation and maintenance of Eagle Park Reservoir under contract with the EPRC.The District's service area encompasses approximately 54,400 acres in Eagle County. The Upper Eagle Regional Water Authority (the "Authority") is a quasi-municipal corporation . formed on September 18, 1984. The District's and Authority's water supply and wastewater systems service areas include the towns of V ail, Minturn, and Avon, and encompass the mixed-use developments served by the Arrowhead, Beaver Creek, Berry Creek, Eagle-Vail, Edwards, Bachelor Gulch, and Cordillera Metropolitan Districts. The District currently manages a system that serves 24,778 water and 25,155 wastewater single-family eqUivalent units (SFEs) with an annual budget of over $30 million. While the District's and Authority's pennanent population are estimated to be approximately 20,000, its population during peak season exceeds 40,500 residents due to the influx of temporary residents for recreation and tourism purposes during the winter and summer seasons. The District, with approximately 85 full-time employees, has the proven experience, expertise and rmallcial capability to operate the Project in a manner that is consistent with all requirements and conditions. The Colorado River Water Conservation District is a public water policy agency established in 1937 to protect and facilitate the development and management of the Colorado River and its tributaries. The River District is comprisedofl5 west slope counties including Moffat, Routt, Grand, Eagle, Summit, Pitkin, Gunnison, Rio Blanco, Garfield, Mesa, Ouray, Delta, and portions of Montrose, Saguache and Hinsdale. The River District covers approximately 29,000 square miles, roughly 28% of the land area of Colorado. Vail Associates, Inc. owns and operates the Vail and Beaver Creek ski areas located in Eagle County. The 15 07/10/07 Vail Ski Area, established in 1962, is located adjacent to the Town of Vail, approximately 12 miles west of Vail Pass. The Vail S~i Area encompasses 12,590 acres with about 5,164 acres of skiable terrain and is currently the largest destination ski resort in the United States. The Beaver Creek Ski Area, established in 1976, includes about 4,975 acres with approximately 1,625 acres of skiable terrain. The Vail and Beaver Creek Ski Areas operate snowmaking systems to enhance the reliability of early season skiing, maintain adequate snow coverage in high skier traffic areas, and to supplement natural snow during period of drought. . Snowmaking capabilities are also required for race event terrain and to create terrain modifications including half pipes, terrain gardens, race starts and pro jumps. The applicant has the necessary expertise and fmancial capability to develop and operate the Project consistent with all requirements and conditions. (+) FINDING: (4) Exoertise and financial caoabiIitv. The applicant DOES HAVE the necessary expertis and financial capability to develop and operate the Project consistent with all requirements and conditions. (5) The Project is technically and financially feasible. The technical feasibility of the. Project has been thoroughly evaluated by the design engineers, Brown and Caldwell and the Project desigtl has been reviewed and approved by the Office of the State Engineer, Colorado Division of Water Resources (Exhibit D). The Brown and Caldwell Feasibility Study (2005) included an evaluation of alternative reservoir enlargements ranging from 61 to 219 acre-feet. The proposed 155 acre-foot enlargement was fOUI1d to be the most cost effective alternative, because any further increase in capacity would require enlargement of the spillway and/or an increase in the elevation of the dam crest. Brown and Caldwell estimated that the capital cost of the 155 acre-feet enlargement would be $451 per acre-foot. The cost of a 219 acre-foot reservoir enlargement was estimated at $3,267 per acre-foot and would require that the dam crest be raised by 1 foot. Based upon the comparison of the costs and potential technical complications, the EPRC selected the 155 acre-foot alternative. The EPRC has budgeted $375,000 for the design,pennitting and construction of the Eagle Park Reservoir Enlargement Project. .There is no debt associated with the Project and no debt retirement schedule because the Project will be funded from assessments that have been approved by the Shareholders. In addition, the EPRC has received a grant of$ 150,000 from the State of Colorado Water Supply Reserve Account, which is administered by the CWCB. The EPRC's annual budget for the operation and maintenance of Eagle Park Reservoir is $178,500 per year. No additional operational expenses are anticipated in conjunction with the proposed reservoir enlargement. [+] FINDING: (5) FeasibiIitv. The Project IS technically and fmancially feasible. (6) The Project is not subject to significant risk from natural hazards. The original 1041 Penn it Application for Eagle Park Reservoir addressed the Project's risk of natural hazards and found that the dam was designed with appropriate earthquake, landslide and flood considerations in accordance with the requirements of the State Engineer and the Colorado Geological Survey. The Project will not be subject to risks from fires, avalanches or rockslides. The design for the dam spillway modifications was based upon the probable maximum flood in accordance with the requirements of the State Engineer. The proposed reservoir enlargement will therefore not be subject to significant risk from natural hazards. [+) FINDING: (6) Risk from hazards. The project IS NOT subject to significant risk from natural hazard. (7) The Project will not have a significant adverse effect on land use patterns. 16 07/10/07 Land use planning and development decisions within the Eagle County service area for Eagle Park Reservoir are made by the Town of Vail, the Town of Avon and Eagle County. The pr6posedEagle Park Reservoir enlargement Project is designed to provide additional storage of water needed to meet water rights augmentation requirements and to enhance streamflows during the summer, fall and winter low-flow periods. The availability of additional water storage at the Eagle Park Reservoir will not result in any changes in previously approved land use or zoning decisions nor is it likely to influence future land use patterns. The Project therefore will not have an adverse effect on land use patterns. [+1 FINDING: (7) Land use Datterns, If approved, the resultant land use pattern will not contribute to sprawl and that traffic patterns, road capacity and congestion resulting from the Development can and will be properly mitigated. (8) The Project will not bave a significant adverse effect on tbe capability of local governments affected by tbe Project to provide service$, or exceed the capacity of service delivery systems. The Project would not adversely affect the capability of local. governments to provide services because it will not result in any new development or population increases that require such services. Project construction will take less than one month to complete using currently available local construction contractors and labor. Upon completion, no additional staff would be required for operations and maintenance. The Prpjecttherefore will not have a significant adverse effect on the capability of local government to provide services and will not exceed the capacity of service delivery systems. [+1 FINDING: (8) Stm1icecaDacitv, The Project WILL NOT have a significant adverse effect on the capability of the County to provide services, NOR WILL it 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. The Project will not result in any new development that would change assessed valuation or total property tax burden, nor will the Project generate tax revenues or fees to local governments. No agricultural lands will be affected by the Project . and there will be no changes in the costs of water or wastewater treatment. Even though Project operations will enhance instream flows in the East Fork of the Eagle River and the Eagle River below the East Fork, it will not result in any measurable change in the waste load alloa,ltions for the discharge pennit for the Avon and Edwards Wastewater Treatment Plants. The Project therefore will not create an undue fmancial burden on eXisting or future residents of the County. [+) FINDING: (9) Financial Burden. the Project.WILLNOT create an unduefmancial burden on existing Of future residents of the County. (10) The Project will not significantly degrade any current or foreseeable future sector ofthe local economy. The Project will result in a small temporary benefit to the construction sector of the economy. No other sectors of the local economy will be affected by the proposed Project. The Project therefore will not significantly degrade any current or foreseeable future sector of the local economy. (+] FINDING: (10) Protection of local economv, The project WILL NOT significantly degrade any current or foreseeable future sector of the local economy. (11) Tbe Project will not have a significant adverse effect on the quality Or quantity of recreational opportunities and experience. 17 07/10/07 All of the land surrounding the Eagle Park Reservoir is owned by the Climax Mine and is closed to public access due to public safety and security concerns. The Eagle Park Reservoir is therefore not accessible for recreational uses. Operation of Eagle Park Reservoir, however, enhances streamflows in the East Fork of the Eagle River and the Eagle River during the summer, fall and winter low-flow periods, which is beneficial to the fishery and could improve the quality of fishing through areas within the White River Nation Forest that are accessible to the public. The Project therefore will not have a significant adverse effect on the uali or uantiofrecreational 0 rtunities and ex 'ence. [+] FINDING: (11) Protection ofrecreationaJ oDDortunities. The Project WH..L NOT have a significant adverse effect on the quality of recreational opportunities and experience. (12) The planning, design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. " The proposed Project would be operated under principals that are consistent with resource conservation. Water would be stored in the reservoir during periods of high flow and released into the stream when flows are low as needed.to meet augmentation requirements including those associated with CWCB. instream flow water rights. Most of the reservoir inflows.and releases rely upon gravity and do not require any energy inputs. During dry years when natural inflows are not sufficient to fill the reservoir, the East Fork Pump Station will be operated to pump water into the reservoir. Also, during unusually dry years, pumping from the reservoir will be needed to release a portion of the water needed for augmentation and streamflow enhancement. It is important to note that virtually all of the water released from Eagle Park Reservoir can be. utilized for power generation at the Shoshone hydropower plant loeatedon the Colorado River in Glenwood Canyon. All water uses from the systems operated by the Authority and the District are covered by the Water Conservation Master Plans ("WCMPs") that have been adopted by these entities. The primary purpose of the WCMPs is to reduce or eliminate waste and increase efficiency in the ways waterisused throughoutthe water supply and distribution systems. The WCMPs provides the frameworkfor efficient management of a valuable and limited resource so as to insure the long-term adequacy and reliability of the water supplies. The Authority's and the District's systems are designed to enable recycling and reuse of water. For example, wastewater effluent is discharged to Gore Creek above the water supply intakes for snowtnaking so as to facilitate reuse. The planning, design and operation of the Project therefore reflect principals of resource conservation, energy efficiency and recycling or reuse. A Water Conservation Program has been implemented for the snowtnaking water supply systems at the Vail and Beaver Creek Ski Areas pursuant to requirements of the U.S. Bureau of Reclamation under contracts for industrial water service from Green Mountain Reservoir. These programs are based upon a detailed analysis of water sources, water rights, and the water use patterns and trends associated with snowmaking and ski area operations. Informationfromthis analysis was used to identify water management problems and challenges and to develop water management goals. and conservation strategies. The Water Conservation Program includes a number of specific measures designed to conserve water and improve water management and operational efficiency of the snowmaking systems. In addition, the program identified supply-side water management strategies to enhance instream flows and mitigate the impacts of water diversions. [+} FINDING: (12) Resource Conservation. The planning,design and operation of the Project DOES reflect principals of resource conservation, energy efficiency and recycling or reuse. (13) The Project will not significantly degrade air quality. The Project will not significantly degrade air quality. Eagle County is currently in attainment of all National Ambient Air Quality standards and no new sources of air pollution are being proposed. 18 07/10/07 Construction related air quality effects would be short tenn in nature and would be minimized to ~ level of relative insignificance by employing standard best management practices (BMPs) to control dust and minimize emissions. The Project therefore will not significantly degrade air quality. . [+1-] FINDING: (13) Ai,. aualitv. Limiting the total number of wood-burning campfire sites is a positive step toward preserving air quality, however, the applicant must fully address to the Permit Authority's satisfaction, air quality as it relates to .future vehicle trips generated by the development. (14) The Project will not significantly degrade existing visual quality. '. . Historically, Eagle Park Reservoir was used for storage of mine tailings and industrial water storage. As part of the mine reclamationproeess, Climax completed the removal of tailings deposits from the reservoir in J996 and converted. the facility to a fresh water storage reservoir with. approximately 60.3 acres of surface area.. The removal of the mine tailing and conversion of the facility to fresh water storage has resulted in a significant improvement in the visual characteristics of the reservoir and the surrounding area. The proposed reservoir enlargement will result in a 2.2 acre increase in the. reservoir surface area to 62.5 acres, resulting in a3. 7% increase in the size of the reservoir.Dllring Project construction, there would be some temporary visual impacts in disturbed areas around the dam spillWay. In addition, the reservoir drawdoWD during construction would expose up to two vertical.feet of shoreline a~uDd the reservoir. In most areas, because of the steepness of the shoreline, the width of the exposed area would be less than 8 feet. These temporary impacts would not be seen by the general public because there is no public access to the reservoir and it is not visible from any public road. or highway. After construction, there wiD be virtuaDy no perceptible change in the visual characteristics of the existing facility. The Project theretore will not significantly degrade eIistingvisual quality. [+] FINDING: (14)V"lSuaI Qualitv. The Project WILL NOT significantIydegrade visual quality. (15) The Project wiUnot significantly degrade surface water quality. As documented in the original.} 04} Penn it Application and the water quality analysis results submitted with the Application, water stored in Eagle Park Reservoir meets the highest applicable water quality standards for the East Fork of the Eagle River (Eagle River Basin, Segment 3). The geology of the land area which would be inundated by the reservoir enlargement is composed of the same material as the soil and rock that is covered by the current reservoir. It is therefore expected that the Project will continue to meet the highest applicable standards. The construction activities associated with installation of the spillway weir could cause temporary increases in sedimentation due to possible erosion from disturbed areas. during stonn events. Lowering of the reservoir during construction wiU.help to prevent erosion from the construction areas in the spillway. DuringconstrQction, erosion control BMPs will be implemented to minimize sedimentation to the East Fork of the Eagle River, as required under Section 404 of the Clean Water Act and under the applicable provisions of the Section 401 Certification required by the Colorado Department of Public Health and Environment, Water Quality Control Division. With implementation of the required BMPs, the water quality impacts during construction will be minimal and will not result in any impairment to the East Fork of the Eagle River. During Project construction, asteel plate will be installed to restore a deteriorating section of the spillway, which will further reduce the potential for sedimentation. The Project therefore will not significantly degrade surface water quality. [+] FINDING: (15) Surface wate,. auaJitv. The Project Wn..L NOT significantly degrade surface water aualitv . 19 07/10/07 (16) Th~ Proj~ct will not significantly degrad~ groundwat~r quality. The reservoir enlargement would raise the maximum nonnal water surface elevation of the Eagle.Park Reservoir by 2.5 feet. This would result in an associated rise in the ground water table elevation in the area immediately surrounding the reservoir. The geology of the land area which would be inundated is composed of the same material as the soil and rock that is covered by the current reservoir. As a result, the Project will not result in any degradation of groundwater quality. [+]FINDING: (16) Ground water aualitv. The Project Wll..L NOT significantly degrade ground water quality. (17) The Project will not significantly degrade wetlands and riparian areas. As docUIIlented in the Wetlands Delineation Report (Exhibit E) and summarized above [Section 6.03.12.(2XaXiv), pages 3-16] , the proposed Project would result in the loss of 0.27 acres of jurisdictional wetlands in areas along the shoreline of the existing reservoir that will be inundated when the enlarged reservoir is full. Wetlands delineation and survey wotk to determine potential impacts associated with the proposed reservoir enlargement were completed by Steffens and Associates, Inc. during the spring of2006. WetIands mitigation options have been identified that would provide up to 0.54 acres of mitigation. Wetlands mitigation, combined with the likely establishment of new riparian vegetation around the perimeter of the new reservoir will result in net on-site benefits to wetlands habitat. The Project therefore will not significantly degrade wetlands and riparian areas. [+1-] FINDING: (17) Wetlands andriDarian areas. The Project Wll..L NOT significantly degrade wetlands and riparian areas. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. The Project would impact 2.2 acres of habitat for wildlife in the area immediately surrounding the reservoir. Impacts to big game would be minimal because the area is not used by big game species except to a very limited extent during the summer months. No migration routes or winter range would be impacted by construction or operation of the Project. Impacts to non-game wildlife habitat would be mitigat~d through on-site reestablishment of riparian vegetation around the shoreline of the enlarged reservoir and the creation of a new wetland mitigation area adjacent to the reservoir. A study was conducted by Miller Ecological Consultants, Inc. to evaluate the potential impacts of streamflow changes to fish and macro invertebrates in the East Fork of the Eagle River due to operations of the Eagle Park Reservoir enlargement and the East Fork Pump Station (Exhibit G). The study included sampling of macro invertebrates and fish and evaluation of aquatic habit using hydraulic modeling to detennine.relationships between streamflows and habitat. In summary, the fish survey indicated that a fish passage barrier precludes trout from inhabiting the stream reach immediately below the East Fork Pump Station. In the stream reach in the vicinity of the USGS Gage, brook trout dominate the fish community and all life stages were present. The fish community in the stream reach at the confluence with Cataract Creek was composed primarily of brook trout ( all life stages) with some adult brown trout. Macroinvertebrate sampling indicated that aquatic conditions in the East Fork of the Eagle River were excellent in tenns of diversity, density and biomass. The evaluation of impacts concluded that the streamflow changes associated with the proposed Project should. not result in any measurable change in fish community distribution or size classes or any negative impact on macroinvertebrates. Habitat conditions in winter months may benefit in some years due to reservoir releases during low-flow periods. The Project therefore will not significantly degrade terrestrial or aquatic animal life or its habitats. I 20 01.'1 Q.!07 [+] FINDING: (18) Te"estria/ or aquatic anima/life. The Project WTI...L NOT significantly degrade terrestrial or aquatic animal life or its habitats. (19) The Project will not significantly deteriorate terrestrial plant liCe or plant habitat. The proposed Project will require installation of a weir in the reservoir spillway. There is no vegetation in the reservoir spillway so construction will not result in any impact to plant life or habitat. The reservoir enlargement would inundate about 2.2 acres of vegetation around the existing shoreline, including approximately 0.27 acre ofwetIands and 1.93 acres of upland vegetation. The predominant vegetation types in this area are subalpine grass and forbs within the Engleman spruce-subalpine fIr commimity,a community that is common throughout the surrounding area and Eagle County (2002 Land and Resource Management Plan, White River National Forest). A detailed analysis of potential impacts to wetlands is included in the Wetland Delineatiop Report (Exhibit E). The Project includes wetlands mitigation, which combined with the likely establishment of new riparian vegetation around the perimeter of the new reservoir will result in net on-site benefits to wetlands habitat. The Project therefore will not significantly deteriorate terrestrial plant life or plant habitat. [+) FINDING: (19) Te"estrialDlant life. The Project WILL NOT significantly deteriorate terrestrial plant life Of plant habitat. . (20) The Project will not significantly deteriorate soils and geologic conditions. There are no significant geologic/ formations at the site that would be affected by the Project. The rock and soils that would be inundated by the reservoir enlargement are not different with respect to lithologic characteristics and soil types than the areas covered by the existing reservoir. . During construction, erosion control BMPs would be implemented to minimize soil losses and sedimentation. The Project therefore will not significantly deteriorate soils and geologic conditions. +] FINDING: (20)SoiJs and I!eolollic conditions. The Project WILL NOT significantly deteriomte oils and geologic conditions. (21) The Project will not cause a nuisance. There would be no long-tenn nuisance effects from the Project. Noise and traffic typically found at construction sites are not unusual in the area because such activities are part of the nonnal operations that occur at the Climax Mine in conjunction with mining and reclamation. Potentially adverse impacts would be mitigated by construction BMPs such as traffic control and watering for dust control. Construction will be completed in two to four weeks. The Project therefore will not cause a nuisance. [+] ~INDING: (21) Nuisance. The Project WILL NOT cause a nuisance. (22) The Project will not significantly degrade areas of paleontological, historic, or archaeological importance. As documented in the original 1 041 Pennit Application for Eagle Park Reservoir, there are no known areas of paleontological, histOric or archaeological importance that would be affected by the Project. It is important to.note that much of the area adjacent to and surrounding Eagle Park Reservoir has been previously disturbed by mining activities including the construction of the dam and spillway, the deposit and removal of mine tailings from the reservoir area, and the construction of access roads and draina&e facilities including the Chalk Mountain Interceptor and the North Interceptor Ditch. The Project theRfore will not significantly degrade areas of paleontological, historic, or archaeological importance. 21 07/10/07 [+) FINDING: (22) Paleontolollical. historic or archaeolollical areas. The Project WILL NOT significantly degrade areas of paleontological, historic or archaeological importance. (23) The Project win not result in unreasonable risk of releases of hazardous materials. The only hazardous materials associated with the Project would be fuel, hydraulic fluid and/or lubricants from construction equipment. During construction, BMPs would be followed to minimize the risk of releases of any hazardous materials. No staging of construction equipment or construction supplies such as diesel fuel will be allowed inclose proximity to surface. water. No hazardous materials will be required for Project operations after construction is completed. The Project therefore will not result in unreasonable risk of releases of hazardous materials. -,- [+) FINDING: (23) Hazardous materials. The Project Wll..L 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. . The projectwill not result in any loss of natural, agricultural, recreational, grazing, commercial or industrial resources within Eagle County or elsewhere. The benefits of the Project accruing to the County and its citizens therefore outweigh any such losses. [+) FINDING: (24) Benefits outweillh losses. The benefits accruing to the County and its citizens WILL 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. B. Pursuant to Eagle County Land Use Regulations Section 6.04.02, Additional Criteria Aoplicable to Municipal and Industrial Water Proiects, . and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project shan emphasize the most efficient use of water, including the recycling, reuse and conservation of water. The proposed Project would be operated under principals that are consistent with resource conservation. Water would be stored in the reservoir during periods of high flow and released into the stream when flows are low as needed to meet augmentation requirements including those associated with CWCB instream flow water rights. Most of the reservoir inflows and releases rely upon gravity and do not require any energy inputs. During dry years when natural inflows are not sufficient to fill the reservoir, the East Fork Pump Station will be operated to pump water into the reservoir. Also, during unusually dry years, pumping from the reservoir will be needed to release a portion of the water needed for augmentation and streamflow enhancement. It is important to note that virtually all of the water released from Eagle Park Reservoir can be utilized for power generation at the Shoshone hydropower plant located on the Colorado River in Glenwood Canyon. All water uses from the systems operated by the Authority and the District are covered by the Water Conservation Master Plans that have been adopted by these entities. The primary purpose of these Plans is to reduce or eliminate waste and increase efficiency in the ways water is used throughout the water supply and distribution systems. The Plans provides the framework for efficient management of a valuable and limited resource so as to insure the long-term adequacy andreliability of the water supplies. The Authority's and the District's systems are designed to enable recycling and reuse of water. For example, 22 07/10/07 wastewater effluent is discharged to Gore Creek above the .water supply intakes. for snowmaking so as to facilitate reuse. The planning, design and operation of the Project therefore reflect principals of resource conservation, energy efficiency and recycling or reuse. A Water Conservation Program has been implemented for the snowmaking water supply systems at the Vail and Beaver Creek Ski Areas pursuant to requirements of the U.s. Bureau of Reclamation under contracts for industrial water service from Green Mountain Reservoir. These programs are based upon a detailed analysis of water sources, water rights, and the water use patterns and trends associated with snowmaking and ski area operations. Infonnation from this analysis was used to identify water management problems and challenges and to develop water management goals.and conservation strategies. The Water Conservation Program includes a number of specific measures designed to conserve water and improve water management and operational efficiency of the snowmaking systems. In addition, the program id~ntified. supply-side water management strategies to enhance instream flows and mitigate the impacts of . water. diversions. [+1-] FINDING: (1) Etrlcient lISe. The Project SBALLemphasize 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. The Project does not entail any increase in water or wastewater treatment services and therefore will not result in excess capacity or create duplicate services.. [+) FINDING: (2) Excess CtlDacUv / dUIJlicate services. The Project SHALL NOT result in excess capacity in existing water or wastewater treatment services or create duplicate services. (3) The Projeet shaD be neeessary to meet community development and population demands in the areas to be served by the Project. As detailed above under the Statement of need for the amendment [Section 6.03.12 (2) (a) (v), pages 5-6 of this application], during the fall and winter months, many of the water rights for snowmaking and domestic . uses in Eagle County are junior to the Shoshone call and require augmentation. Many water users in Eagle County rely upon Gr~n Mountain Reservoir as their primary augmentation source because there. is insufficient storage available in the Eagle River Basin to meet all of the augmentation needs. Because Green Mountain Reservoir is located on the Blue River in Summit County, i!S use for augmentation of water rights in the Eagle River Basin does not mitigate the impacts of diversion on instream flows in Eagle County. . One of the primary purposes of the Eagle Park Reservoir Enlargement is to provide additional in-basin augmentation water that can be used in-lieu of Green Mountain Reservoir for water diversions during periods when the Shoshone call is in effect. In addition, some of the water rights for snowmaking and domestic uses in Eagle County are junior to instream flow water rights held by the CWCB for protection of the Eagle River fishery. Water released from Eagle Park Reservoir to replace downstream out-of-priority water diversions also serves to enhance instream flows during critical low-flow periods. The Eagle Park Reservoir Enlargement will provide in-basin augmentation water thatis currently needed during critical low streamflow periods and during drought conditions. In addition, the. Project will serve to mitigate the impacts. of municipal and snowmaking water diversions on instream flows in the Eagle River. These Project functions and benefits will become more important and necessary as the population of Eagle County continues to grow. The Project is therefore necessary to meet community development and population demands in the areas to be served. 23 07/10/07 [+) FINDING: (3) Necessitv.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. This fmding is not applicable because the Project does not involve the construction of stormwater or sanitation systems. c. Pursuant to pagle County Land Use Regulations Section 6.04.03, Additional Criteria ApplicaQle to Maior New Domestic Water and Wastewater Treatment Systems and Maior Extensions of Existing Domestic Water and Wastewater Treatment Svstems, and as more specifically described in the application materials, the following additional analysis is provided. (1) The Project s~aU be reasonably necessary to meet projected community development and population demands in tbe areas to be served by the Project, or to comply with regulatory ortechnologicaI requirements. As detailed above under the statement of need for the amendment [Section 6.03.12 (2) (a) (v), pages 5-6, and Section 6.04.02 (3) of this application], ~e Eagle Park Reservoir Enlargement will provide in-basin augmentation water that is currently needed during critical low streamflow periods and during drought conditions. .In addition, the Project will serve to mitigate the impacts of municipal. and snowmaking watef diversions on instream flows in the Eagle River. These Project functions and benefits will become more important and necessary as the population of Eagle County continues to grow. The Project is. therefore 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. [+) FINDING: (1) Necessitv or rellulatorv/ technololl/cm cOIIIDliance. 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 shall' be consolidated with existing facilities within the area. This fmding is not applicable because no additional wastewater or water treatment facilities are being proposed. [N/A) FINDING: (2) Consolidation offacilities.To the extent feasible, wastewater and water treatment facilities SHALL be consolidated with existing facilities within the area. " (3). New domestic water and sewage treatment systems sball be construded in areas which wiUresult in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of adjacent communities. The Project does not include the construction of either a domestic water or sewage treatment system. Thusly, this rmding is not applicable. [N/A) FINDING: (3) ProDer utilization of existinf! treatment Dlams. New domestic water and sewage treatment systems SHALL 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 shall 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. 24 07/10/07 The Project does not entail extension of water or sewer lines and will not result in any additional growth or development. This fmding is also not applicable. [N/A] FINDING: (4) Financial and environmental ctl1Jacitv. The Project SHALL be pennitted in those areas in which the anticipated growth and development that may occur as a result of such extension can be accommodated within the fmancial and environmental capacity of the area to sustain such growth and development. D. 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 may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.L2.a. A pennit 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 Penn it Authority relative to this land use which would be ~ subject of it 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 Pennit requirements as such application would serve no further legitimate planning, zoning or other land use objective. DISCUSSION: Chainnan Menconi stated that he sat as a board member with the Eagle River and WaterSaIlitation District. Whenever this issue was going to be on their docket, it was removed from his packet and he excused himself from any discussion. ' Mr. Narraccipresented the file using aPowerPointslide show. He showed maps of the existing and proposed water elevations. 16 state and local agencies were asked for feedback related to this request. Eagle County Planning Commission was in favor due to the additional storage such as this type in the area. Other agencies did not have concerns, with the exception of the Colorado Historical Society, which requested an archeological survey of the area prior to approval. . Lynn Schorr from the Eagle River Water and Sanitation District, representing Eagle Park Reservoir spok~ to the board. She introduced members of their staff that were present to answer questions. The genesis for the project came after the drought of 2002. There was a push to develop additional water storage at existing facilities prior to developing new reservoir sites. Bob Reiger addressed the conditions. He complimented the staff on their report on the project. They concur with all the findings incorporated in the staff report. Their one-concern was related to the pennit condition requiring an archeological evaluation. It is believed that this entire area has previously been surveyed, but they are not able to locate this survey. The area has already been extensively disturbed for mine tailings. All of the. mine tailings have been removed previously. They requested that this condition be withdrawn. The Planning Commission comment related to the sale of the water for new development concerned the applicant. He believes there is some confusion about this concern. He stated that the project will not be developing new water for speculative purposes. The Eagle Park Reservoir Company shareholders include Vail Resorts, Eagle River Water and Sanitation, The Upper Eagle Water Authority, and the Colorado River District. All development served has been authorized by the county. From an environmental standpoint, the proposed enlargement is a very positive improvement. Chairman Menconi opened and closed public comment, as there was none. Commissioner Fisher asked for clarification on the spillway location. Mr.. Reiger stated that there would be no enlargement of the spillway or the damn as a result of this project. 25 07/1 0/07 Commissioner Fisher asked if this was the same type of approval as was requested and received for the black lakes. The applicants indicated that this was indeed the case. Glenn Porzak stated that the reason this is possible there is a lot of freeboard available. As a result, all they had to do w~_raise the spillway to still be in compliance with the state requirements. Going higher would be more expensive as it would require additional level added to the damn. Chainnan Menconi asked about the water rights needed to bring in the water. Mr. Porzak stated that these rights are coming.from existing rights, they already have enough water and they have various .consumptive use credits. They have existing rights to take the reservoir up to 5000 feet and there is also a junior decree to take it up to 28,000 feet, however this would not be feasible. Commissioner Fisher assumed that the Planning Commission intended that a new construction project would be required to get approval from the water district for their water needs. Ms. Schorr stated that this is correct. Any new development approved by Eagle County or by a Town within their service area would make the land use decision and then go to them with the augmentation plan. Co~missioner Fisher wondered ifby increasing the capacity in this facility, the Water districts would be able to look at requests more generously. Ms~ Schorr stated that it allows them to augment the diversions of the new development with in-basin storage as apposed to using something like Green Mountain. Mr. Porzak stated that there are water rights that are stored by exchange. There arejunior water rights, which are the enlargement decrees. This is not a finn enough supply. The reservoir company shareholders pooled their various recourses, took their senior water rights, and created an augmentation plan. ' Commissioner Runyon asked what the current acre-feet of storage are. Mr. Porzak indicated that the actual storage capacity would become approximately 3300. Not every acre- foot of storage capacity translates into finn year yield. This is a very efficient facility. The focus is on trying to acquire Pueblo's combined ditch water for the upper Eagle River; Commissioner Runyon asked about the number of feet per year that could be removed from the reservoir. Mr. Porzak stated that Eagle Park Reservoir has .offered to buy water in the Arkansas basin in exchange for Pueblo leaving water in the Eagle River. Commissioner Runyon wondered about the small . increase. Mr. Porzak stated that it actually represents a nice increase. The goal has been to develop 5000 feet of in basin storage. Commissioner Runyon wondered if this would go towards .additional.snowmaking. Mr. Porzak stated that the existing shareholders have the right to use this increase proportionally related to their ownership. Other shareholders would be able to use the other increments to serve build out in their existing service areas. An additional 1 ()Ofo belongs to the Colorado River District, which serves areas further down river. Commissioner Runyon asked if there was any reason for denial. Mr. Porzak stated that ifno.new development will be approved in the future then this might discourage it, however there is already approved but not yet built development out there. Commissioner Runyon asked about the existing development approvals and wondered if there had been an asSumption of this expansion. . Mr. Porzakstated that there are currently adequate resources for everything that has been approved to date. Towns like Eagle and Gypsum have received approvals not based on in basin storage. There are many dimensions to the project. Commissioner Runyon stated that in the past when the board has flirted with requiring in basin storage Mr. Porzak has pleaded with the board not to do so. Mr. Porzak stated that in an above average. water year he suggests using the Green Mountain water because the Eagle River will not need enhancements. When there is an average to below average year, the Eagle Park Reservoir will be able to help for up to 3 years. For this reason, requiring in basin use is not a good idea. Chairman Menconi agreed that allfmdingsarepositive. He agreed that the archeologist's recommendation should not be required. He indicated favor with the request. Commissioner Fisher referred to the recommended motion with 5 conditions. Mr. Narracci stated that condition 6 is the same condition that the board placed on the Black Lake 1041 expansion. 26 07/10/07 Commissioner Fisher moved that the Eagle County Penn it Authority approve File No. 1041-0069, waiving the requirement for Special Use Review Pennit and incorporating the following conditions. 1. That except as otherwise modified by the Pennit, all material representations of the Applicant in this pennit application, correspondence, and public meetings shall be adhered to and considered conditions of approval, unless otherwise amended by other conditions. 2. All pennits and approvals necessitated by this 1041 Pennit must be successfully obtained prior to site disturbance for the Project. 3. Construction activities should be timed with the Division of Wildlife to avoid impacting spawning trout. 4. An annual report be submitted addressing the success of wetland mitigation until such time as a 1: 1 RATIO OF WETLAND REPLACEMENT ORPROTECTION IS ACHIEVED. Commissioner Runyon seconded the motion. The vote was declared unanimous. AFP-00247 Peachblow Subdivision Bob Narracci, Planning Department ACTION: The purpose of this amended fmal plat is to adjust the boundary lines between lot 1 & 2, block 1 of the Peachblow Subdivision TITLE: FILE NOIPROCESS: LOCATION: Amended Final Plat Peachblow Subdivision, Lots 1 and 2, Block 1 AFP-00247 / Amended Final Plat 142 Peachblow Road and 7800 Frying Pan Road / Approximate 7.8 miles up the Frying Pan Road from the Town of Basalt. Calesa Family Trust Daniel J. Sullivan, Esq. OWNER/APPLICANT: REPRESENTATIVE: A. PROJECT DESCRIPTION: The intent of this plat is to reconfigure the common Jot line between Lots 1 and 2, Block 1 of the Peachblow Subdivision. Both lots are owned by the applicant and both are developed with a single-family residence (2 lots and 2 residences). . The residence on Lot 1 is situated on the north side of the Frying Pan River. The residence on Lot 2 is situated on the south side of the Frying Pan Rivet. The lot line common to both lots follows the centerline of the Frying Pan River; however, a portion of Lot 2 which is adjacent to LotI is also loca.tedon the north side of the Frying Pan River. This proposal is to reconfigure the lot line so that portion of Lot 2 located north of the Frying Pan River will logically become part of Lot 1. No new development will occur as a result of this lot line adjustment. B. SITE DATA: Surrounding Land Uses / Zoning: East: United States Forest Service / Resource Preservation West: Single Family Residential / Rural Residential North: Single Family Residential/Rural Residential South: United States Forest Service! Resource Preservation Existing Zoning: Rural Residential (RR) Total Area: 11.15 acres C. STAFF FINDINGS: 27 07/10/07 Pursuant to Section 5-290.0.3. Standards for Amended Final Plat: a. Adjacent property. Review of the Amended Final Plat has detennined that the proposed amendment DOES NOT have an adverse effect on adjacent property owners. All adjacent property owners have been notified and none have responded negatively to this proposal. b. Final Plat Consistency. Review of the Amended Final Plat has detennined that the proposed amendment IS consistent with the intent of the Final Plat. c. Conformance with Final Plat Requirements. Review of the Amended Final Plat has detennined that the proposed amendment DOES conform to the Final Plat requirements and other applicable regUlations, policies and guidelines. d. Improvement Agreement. Proposed improvements and/or off-site road improvements agreement ARE adequate. e. Restrictive Plat Note Alteration. DOES NOT Apply D. STAFF CONCLUSION: All applicable Eagle County Land Use Regulations have been satisfied. DISCUSSION: Chainnan Menconi was not present for this file. Mr. Narracci presented the file using a PowerPoint slide show. Commissioner Fisher opened and closed public comment, as there was none. Commissioner Runyon indicated that it seemed very straightforward. Commissioner Fisher wondered if there was any change in acreage. Mr. Narraccistated that lot two will become slightly smaller and lot one slightly oversized. This would not provide opportunity for any additional dweIlingunits. Commissioner Runyon moved to approve FileNo. AFP-00247 PeachblowSubdivision, incorporating staff fmdings. . Commissioner Fisher seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Attest: There being no further business before the 'iJ 28 07/10/07