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HomeMy WebLinkAboutMinutes 03/27/12 PUBLIC HEARING March 27, 2012 Present: Jon Stavney Chairman Pro -Tem Stavney Sara Fisher Commissioner Keith Montag County Manager Diane Mauriello Assistant County Attorney Teak Simonton Clerk to the Board Absent: Peter Runyon Chairman This being a scheduled Public Hearing, the following items were presented to the Board of County Commissioners for their consideration: Resolution 2012- 033 Designating the First Week of April as Public Health Week Jennifer Ludwig, Health & Human Services Chairman Pro Tem Stavney asked the Public Health representative to speak about Public Health Month. Jennifer Ludwig explained the purpose of the designation. She spoke about the 9 News Health Fair and the services they would provide along with the costs. She spoke about the Red Ribbon Project Family planning workshop. She spoke about other events planned to commemorate the Public Health Month. Commissioner Fisher read the Resolution for the record. RESOLUTION DESIGNATING THE FIRST WEEK OF APRIL AS PUBLIC HEALTH WEEK. WHEREAS, the mission of Eagle County Public Health is to advance the health, safety, and well -being of all Eagle County residents by building a strong a community, promoting healthy behaviors, and connecting individuals to community resources; and WHEREAS, Public Health is integral to the well -being of all Eagle County residents across their lifespan; and WHEREAS, many people are unaware of what Public Health is and what services are offered to the community; and WHEREAS, nearly 60% of premature deaths in our county are linked to unhealthy behavioral choices and National Public Health Week serves as a reminder that many of the choices made in daily life directly affect quality of life and longevity; and WHEREAS, recognizing National Public Health Week serves as an important reminder for individuals, families and communities to focus on stopping preventable disease before they start; and WHEREAS, Public Health provides leadership and advocacy in promoting healthier lifestyles at home, school and work; and WHEREAS, by proclaiming the first week of April as Public Health Week, Eagle County recognizes the continual efforts and dedication of Public Health workers to creating and maintaining a safe and healthy community and raises awareness in the community to the impact of Public Health; 1 03/27/2012 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the first week of April be proclaimed Public Health Week in Eagle County. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. Commissioner Fisher moved to approve Resolution designating the first week of April as Public Health Week. Chairman Pro -Tem Stavney seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Consent Agenda Chairman Pro -Tem Stavney stated the first item before the Board was the Consent Agenda as follows: A. Approval of Bill Paying for the Week of March 26, 2012 (subject to reviewed by the Finance Director) Finance Department Representative B. Approval of Payroll for April 5, 2012 (subject to review by the Finance Director) Finance Department Representative C. Intergovernmental Agreement between Eagle County and the Gypsum Fire Protection District for Radio Programming Services Barry Smith, Emergency Management D. Resolution 2012 -034 Authorizing Replacement of Eagle County Entry Sign at Interstate 70 Western County Line Mike Gruber, Engineering E. 5310 Capital Grant between Eagle County and the State of Colorado Department of Transportation for Purchase and Installation of New Paratransit Scheduling Software Tracy Stowell, ECO Transit F. First Amendment to Agreement between Eagle County and Timberline Restoration Services, DBA Service Master 24/7 Ron Siebert, Facilities Management G. Resolution 2012 -035 Adopting Eagle County Emergency Operations Plan Appendix D: Annual Operating Plan for Wildfires Barry Smith, Emergency Management H. Tower Operating Agreement between the Federal Aviation Administration and Eagle County Greg Phillips, Airport Chairman Pro -Tem Stavney spoke about the entry sign into the county from the West side. Barry Smith spoke about the Wildfire season plan and that there were no changes from previous years. Greg Phillips spoke about the Operating Agreement between the FAA and the Airport to operate the Tower. This extended the agreement in place. Commissioner Fisher moved to approve the Consent Agenda, Items A -H. 2 03/27/2012 Chairman Pro -Tem Stavney seconded the motion. Of the two voting commissioners, the vote was declared unanimous. Citizen Input Chairman Pro -Tem Stavney opened and closed citizen Input, as there was none. Ratification of Purchase Contract for the Nottingham Property Toby Sprunk, Open Space Mr. Sprunk presented the details of the purchase. He presented a Power Point presentation of this property with details and history. This was simply a contract ratification detailing how the earnest money would be set aside. The purchase price was $2.35 million. The closing date was August 21, 2012. The sale was contingent upon a revised appraisal, Open Space and GOCO funding. 1 CFS of 1902 water rights would be included in the purchase. The property will include 2 miles of Colorado River Frontage and was highly visible with unique geological formations. The property could be managed for primitive camping and hiking to historic cabins. Commissioner Stavney spoke about the reason behind putting this property under contract. Mr. Sprunk explained that this was a unique project. Historically, when GOCO funds were requested a contract did not have to be in place. GOCO typically asked about the feasibility for different levels of funding from them. Commissioner Fisher complimented Mr. Sprunk and the board for their vision on these types of purchases and the approach of holding back and accumulating funds to protect the watershed and provide public access. Commissioner Fisher moved to ratify the purchase contract for the Nottingham Property. Commissioner Stavney seconded the motion. The vote was declared unanimous. Commissioner Fisher moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Liquor Licensing Authority. Commissioner Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda Renewals A. DKM Associates, LLC d/b /a Juniper Restaurant #15- 30721 -0000 This is a renewal of a Hotel and Restaurant Liquor License in Edwards. 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 and proof of server training has been provided. B. Daniel's Foods, Inc. d/a /a Mirabelle at Beaver Creek #07 -59554 -0000 This is a renewal of a Hotel and Restaurant Liquor License in Avon (Beaver Creek). 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 and proof of server training has been provided. 3 03/27/2012 C. Cordillera Golf Club d/b /a 9 Iron Grill #12- 64178 -0004 This is a renewal of a Hotel and Restaurant License with 4 -Opt. Premises in Edwards. 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 and proof of server training has been provided. Other D. The Ritz- Carlton Hotel Company, LLC and Ritz- Carlton Development Company, Inc. d/b /a The Ritz- Carlton club, Bachelor Gulch #12- 60336 -0000 The applicant is replacing several officers and has submitted a Report of Changes form. The officers, Stephen Weisz, John Geller, Theordorus Schavemaker, Joseph Bramuchi, and Catherine Meeker were reported to be of good moral character and have no criminal history based on both the Sheriff and CBI reports. Commissioner Runyon moved that the Board approve the Liquor Consent Agenda for March 27, 2012 consisting of Items A -D. Commissioner Stavney seconded the motion. The vote was declared unanimous. APPLICANT: 011ie's Cafe, Inc. TRADE NAME: Route 6 Cafe REPRESENTATIVE: Steven Holdstock aka 011ie, Owner LOCATION: 40801 Hwy 6 & 24, Avon (Eagle Vail) REQUEST: Temporary Permit STAFF REPRESENTATIVE: Kathy Scriver CONCERNS / ISSUES: None DESCRIPTION: The applicant has requested the transfer of a Hotel and Restaurant liquor license. The current holder of the license is Eagle Vail Original Sports Bar, LLC d/b /a Eagle Vail Original Sports Bar. Mr. Holdstock has requested a Temporary permit to allow him to operate during the period in which the application to transfer ownership of the license is pending and has submitted all of the required documents and associated fees for the transfer. STAFF FINDINGS: 1. The premises where the alcoholic beverages will be sold have been previously licensed by the state and Local Licensing Authorities, and were valid as of the date of receiving the application. 2. An Affidavit of Transfer has been filed. 3. The application for the Temporary Permit has been filed no later than thirty (30) days after the filing of the application for the transfer of ownership and the appropriate fees have been paid. DISCUSSION: Ms. Scriver explained the request. Mr. Holdstock explained the situation and how he came to own the previous Paddy's location. 4 03/27/2012 Commissioner Fisher felt that given his history he was aware of his attention to detail and liquor piles and regulations. She reminded him that the previous owners of the location had not been good in this regard and hoped that would not be the case under his ownership. Commissioner Fisher moved that the Local Liquor Licensing Authority approve the issuance of a Temporary Permit to 011ie's Cafe, Inc. d/b /a Route 6 Cafe which will be valid until such time as the application to transfer ownership of the license is granted or denied or for one hundred twenty (120) days, whichever occurs first; except that, if the application to transfer the license has not been granted or denied within the one - hundred - twenty day period and the transferee demonstrates good cause, the local licensing authority may extend the validity of said permit for an additional period not to exceed sixty (60) days. Commissioner Stavney seconded the motion. Of the two voting commissioners, 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 Stavney seconded the motion. Of the two voting Commissioners, the vote was declared unanimous. Planning Files FNZ -3548 Spring Creek Ranch Lot 1 Kris Valdez, Planning Mike Suman, Suman Architects NOTE: Tabled from 02/28/2012 ACTION: Appeal of Decision: Planning Directors Denial of Finding of No Significant Impact for the Spring Creek Ranch Lot 1 Landscape Berm. LOCATION: 1210 Spring Creek Road, Gypsum area DISCUSSION: Ms. Valdez stated that the file needed to be tabled until October 30, 2012. The applicant decided to bring the berm into compliance with their 2006 grading permit and had agreed to remove any material that did not comply with the grading standards. If the berm was not brought into compliance then the FONSI would not move forward. Commissioner Stavney spoke about the owner exceeding the previous grading permit. Taylor Ryan, Engineering Department Representative explained some of the technical details of the grading situation. They expected to make regular inspections while the grading work is being done. Commissioner Fisher asked about any requirements for keeping the disturbed dirt watered to suppress the dust. Mr. Ryan explained that dust suppression was included in the permit. Commissioner Fisher moved to table file no. FNZ -3548 Spring Creek Ranch Lot luntil October 30, 2012. Commissioner Stavney seconded the motion. Of the two voting commissioners, the vote was declared unanimous. ZS -3578 Homestake Dam/Reservoir Maintenance and Repair Project Kris Valdez, Planning Ronald Sanchez, Colorado Springs Utilities Andrea Parker, URS Corporation 5 03/27/2012 ACTION: The purpose of this Special Use Permit is to request a batch plant related to the repair and maintenance of the Homestake Reservoir. FILE NO./PROCESS: ZS -3578 / Special Use Permit PROJECT NAME: Homestake Dam/Reservoir Maintenance and Repair Project LOCATION: US Forest Service road 703, Section 8, Township 8S, Range 81W OWNER: Clean Energy Collective APPLICANT: Homestake Water Project — Tom Vidmar REPRESENTATIVE: Roanald Sanchez 1. PROJECT DESCRIPTION A. SUMMARY: The Homestake Water Project (Homestake) are proposing to conduct the Homestake Dam and Reservoir Maintenance and Repair Project (Project) in order to comply with the Office of the State Engineer of Colorado dam safety requirements. The existing upstream asphalt concrete (AC) facing of the dam is deteriorated resulting from freeze -thaw weather patterns and severe surface erosion. The downstream dam crest, the outlet works, and the Homestake Tunnel inlet gate also require repairs. This Project constitutes normal maintenance activities related to the safe operations of the dam and reservoir. The maintenance activities will not alter the operation of the existing dam and reservoir, and they will neither extend or enlarge the capacities of Homestake Reservoir or its related diversion facilities, nor change the amount or timing of water diversions. The Homestake Water Project consists of existing water storage and diversion facilities located in the headwaters of Homestake Creek and is operated pursuant to Bureau of Land Management (BLM) right -of- way (ROW) stipulations that are currently administered by the U.S. Forest Service (USFS) through an Annual Operating Plan (AOP). Homestake Reservoir is located within the White River National Forest and is surrounded by the Holy Cross Wilderness Area. The facility is a municipal raw water storage facility designated as a drinking water supply for the City of Colorado Springs and the City of Aurora. The northern portion of Homestake Reservoir, including Homestake Dam, is located in Eagle County. The southern part of the Homestake Reservoir is located in Pitkin County. The proposed improvements are scheduled to take place during the 2012 and 2013 construction season. Dam Upstream AC Face Rehabilitation (2012 and 2013) Dam Crest Repairs (2012 and 2013) Dam Outlet Works Improvements (2012) Homestake Tunnel Intake Gate Improvements (2012) Homestake Reservoir Temporary Reservoir Control and Dewatering According to the Eagle County Land Use Regulations (ECLURs), "Aggregate Processing" requires a special use permit. Pursuant to Section 5 -250.E — Effect of Issuance of Special Use Permit, Eagle County Land Use Regulations, Special Use permits are valid for three (3) years until the approved use is implemented. If the approved use is not implemented within the three year time period, the permit expires. Upon implementation of the approved use within the three year time period, Special Use permits remain valid in- perpetuity, unless an expiration date or exception has been placed upon the permit by the Board of County Commissioners. Please be aware that the proposed activity is located entirely on US Forest Service land. As such, Eagle County's authority is limited to the evaluation of environmental impacts associated with the proposed use. The best mechanism Eagle County has for this environmental review is through the Special Use Permit process which requires an Environmental Impact Report. 6 03/27/2012 B. SITE DATA: The project site is located off US Forest Service Road 703. The entire project is located on the White River National Forest. The applicant has provided a 1971 letter from the Bureau of Land Management demonstrating the formal approval of the rights of way for a domestic use reservoir and related water transmission systems on certain public domain lands. Homestake Reservoir is located within the Eagle watershed off of Homestake Road and is located within both Eagle and Pitkin Counties. The reservoir has a surface area of 335 acres and stores about 42,881 acre - feet of water at the spillway crest elevation of 10,266.5 feet. The original construction was completed in 1967. Surrounding Land Uses / Zoning: �{� 5 ,t+•.r� .. 0 ni n North: Public Land Resource Preservation USFS) States Forest Service (RP) South: Public Land Pitkin County United States Forest Service (USFS) East: Public Land Resource Preservation United States Forest Service (RP) (USFS) - West: Public Land Resource Preservation United States Forest Service (RP) ';';'N'Ve!:';'IttAitP Resource Preservation Zone District tt ! E N/A - Current , t: ' k ; Wilderness — Homestake Dam and Reservoir _ Wooded pinion juniper and sage moderate to steep slopes; 20 ft. power line easement u = dissects solar farm site; historic landslide complex. Total �T 4. 335 F S f ' ' 1 14,592,600 [ N/A Water ubli ' b N/A Private: f N/A N/A ri fl N/A _ US Forest S Road 703 = C. CHRONOLOGY/BACKGROUND: Homestake began operation in 1968 and is operated jointly by Colorado Springs Utilities and Aurora Water under the Homestake Water Project. To ensure the public's safety, access to the reservoir and the area around the dam will not be permitted during this maintenance period. The bridge on Homestake Road immediately beyond the turnoff from Highway 24 will be replaced between October and December 2011. A temporary bridge will be in place to accommodate local traffic. In 2012, the reservoir will be completely drained to accommodate repairs to the gate and intake structure for the Homestake Tunnel, which carries the water from Homestake to Turquoise Lake in Lake County. Natural flows to Homestake Creek will be maintained. During this time, the U.S. Forest Service, in cooperation with a variety of partner groups, will be performing restoration and enhancement work; including fish habitat improvement, hazard tree removal, and campsite rehabilitation along Homestake Creek downstream from the reservoir. From 2012 to 2013, milling and paving will occur on the dam's asphalt face. Asphalt faced darns, while common in Europe, are unique in the u.s. Since first installed in 1967, the facing is almost 45 years of age and is due for a replacement. 7 03/27/2012 Water collection in the reservoir will begin again in April 2013. Restoration work around the dam should be completed in 2014, with full public access being restored by spring of that year. How long it will take to refill Homestake will depend on weather conditions. Both Colorado Springs Utilities and Aurora Water will carefully monitor their other water sources to ensure that adequate supplies are available to meet customer demand. Aurora Water will maximize its storage in the Arkansas and South Platte basins, as well as utilize its recently completed Prairie Waters system. Colorado Springs Utilities does not anticipate impacts to its ability to deliver water to customers during the construction phase. During construction, and as needed, Colorado Springs Utilities will bring its share of Homestake Reservoir storage through the Homestake Tunnel to East Slope storage facilities. The work on the Homestake Dam and Reservoir are necessary maintenance projects to help safeguard a natural resource and ensure its future viability. 2. STAFF REPORT A. NECESSARY FINDINGS: PROCESS INTENT ECLUR Section: 5 -250 Special Use Permits Section Purpose: Special Uses are those uses that are not necessarily compatible with the other uses allowed in a zone district, but which may be determined compatible with the other uses allowed in the zone district based upon individual review of their location, design, configuration, density and intensity of use, and the imposition of appropriate conditions to ensure the compatibility of the use at a particular location with surrounding land uses. All Special Uses shall meet the standards set forth in this Section. Standards: Section 5- 250.B. The issuance of a Special Use Permit shall be dependent upon findings that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of this Section, this Division, this Article, and these Land Use Regulations. The Planning Commission may recommend and the Board of County Commissioners may attach any conditions deemed appropriate to ensure compliance with the following standards, including conformity to a specific site plan, requirements to improve public facilities necessary to serve the Special Use, and limitations on the operating characteristics of the use, or the location or duration of the Special Use Permit STANDARD: Consistent with Comprehensive Plan. [Section 5- 250.B.1] The proposed Special Use shall be appropriate for its proposed location and be consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and the FL UM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. EAGLE COUNTY COMPREHENSIVE PLAN not > t can 0 Exceeds Recommendations Incorporates Majority of X X' X x' x X X Recommendations Does Not Incorporate Recommendations Not Applicable X X X 8 03/27/2012 (1) While the water resources from the dam are for communities on the Front Range, the Homestake Reservoir Dam area is a recreational amenity in Eagle County and therefore provides residents and visitors with recreational opportunities. (2) During repairs of the reservoir and dam, jobs will be created and will support the local economy throughout the construction phases. (3) In the Comprehensive Plan, the Homestake Reservoir is identified as one of six water storage facilities located in the County. Homestake is the largest water storage facility in the County. According to the Comprehensive Plan, which was written in 2005, a three year agreement was signed between Aurora and a group of local water provider districts that allowed for the release of 300 acre feet of water from the reservoir to augment flows in the Eagle River during low flow events. (4) The study area provides the following types of seasonal habitats for big game (NDIS 2010). • Elk summer range occurs throughout the study area, except the reservoir. • Elk winter concentration and severe winter range occurs downstream of the study area along the Homestake Creek Road to the junction with Highway 24. • Mule deer overall range occurs throughout the study area, except the reservoir. • Moose overall range and winter range occurs downstream from the dam, extending outside of the study area along Homestake Creek Road. • Black bear overall range occurs throughout the study area, except the reservoir. A bear/ human conflict area is mapped along Homestake Creek Road downstream of the study area. • Mountain lion overall range occurs throughout the study area, except the reservoir. • Bighorn sheep, mountain goat and ptarmigan do not have seasonal ranges within the study area, although all three of them occur on the ridge east of the reservoir. Bighorn sheep (Ovis canadensis), mountain goat (Oreamnos americanus), and ptarmigan (Lagopus muta) occur on the ridge east of the reservoir. Relict beaver (Castor canadensis) dams were observed below the reservoir. The table below provides a list of migratory birds observed during the field reconnaissance and which are likely to nest in the area. No raptor nests were observed. Additional bird species are likely to occur that were not observed during the field visit, such as woodpeckers and flycatchers. Migratory Birds Observed During Field Reconnaissance Ellrglna*f„nMelalinnanlnlringrgs46;wo:, *log it Mallard A nas platyrhynchos Reservoir Common merganser Mergus merganser Reservoir Cooper's hawk A ccipiter cooperii Over mixed aspen/conifer _ Spotted sandpiper A ctitis macularius Shoreline Broad-tailed hummingbird Selasphorus platycercus Mix of riparian shrub, conifers, open areas Red -naped sapsucker _ Sphyrapicus nuchalis Mix of riparian shrub, conifers, open areas Western wood -pewee Contopus sordidulus Mix of riparian shrub, conifers, open areas Violet -green swallow Tachycineta thalassina Open areas (over dam and reservoir) Mountain chickadee Poecile gambeli Spruce -fir forest Ruby - crowned kinglet Regulus calendula Spruce -fir forest Townsend's solitaire Myadestes townsendi Spruce -fir forest Hermit thrush _ Catharus guttatus Mix of riparian shrub, conifers, open areas American robin Turdus migratorius Spruce -fir forest Orange- crowned warbler Vermivora celata Riparian shrub Yellow -tamped warbler Dendroica coronata Spruce -fir forest Wilson's warbler Wilsonia pusilla Riparian shrub Lincoln's sparrow Melospiza Riparian shrub 9 03/27/2012 Migratory Birds Observed During Field Reconnaissance A ;g Eat( r. White- crowned sparrow Zonotrichia leucophrys Riparian shrub Dark -eyed junco Junco hyemalis Spruce -fir forest Pine siskin Spinus pinus Spruce -fir forest Evening grosbeak Coothraustes vesperitinus Riparian deciduous forest Fish in the reservoir and Middle Fork include cutthroat trout and brook trout. The cutthroat trout have been stocked but also occur naturally, and are managed as a sport population, not a conservation population. Lists of federal species and critical habitat for Eagle and Pitkin counties were obtained from the USFWS Colorado Ecological Service website (USFWS 2010). There are ten endangered or threatened species and one candidate species listed for Eagle and Pitkin counties (See table below). Federall Listed and Candidate S ' ecies for Ea Ile and Pitkin Counties s pades s c i enti fi c *lime Status* Black- footed ferret Mustela nigripes E Prairie Dog towns No Bonytail Gila elegans E Large rivers in Colorado River Habitat present Basin downstream Canada lynx Lynx canadensis T Subalpine forests Yes Colorado Ptychocheilus lucius E Large rivers in Colorado river Habitat present pikeminnow Basin downstream Greenback cutthroat Oncorhynchus clarki T Montane and subalpine Yes, but outside trout stomias streams known range Humpback chub Gila cypha E Large rivers in Colorado River Habitat present Basin downstream Mexican spotted owl Strix occidentalis lucida T Dense mixed forest and No canyons, foothills and lower montane Razorback sucker Xyrauchen texanus E Large rivers in Colorado River Habitat present Basin downstream Umcompahgre Boloria acrocnema E Alpine tundra No fritillary butterfly Ute ladies' - tresses Spiranthes diluvialis T Wet meadows and stream No orchid edges, below 7,000 feet Yellow - billed Coccyzus americanus C Low - elevation riparian No cuckoo woodland Note: *E = endangered, T = threatened, C = candidate The only federally listed or candidate species with habitat in the study area is Canada lynx, but critical habitat is not present in the study area. No portion of the Southern Rockies is designated as lynx critical habitat by the USFWS. Black- footed ferret, Mexican spotted owl, Umcompahgre fritillary butterfly, Ute ladies'- tresses orchid and yellow - billed cuckoo do not have suitable habitat in the study area. There is suitable habitat for greenback cutthroat trout but the study area is outside of its known or suspected range. Four endangered species occur downstream of the study area in the major tributaries of the Colorado River system, including bonytail, Colorado pikeminnow, humpback chub, or razorback sucker. Under the ESA, impacts to these four species need to be considered for projects that could result in new depletions (changes in amount or timing) to the Colorado River system. Because the Project does not involve depletions, there would be no effect to these species. No federally listed, proposed, or candidate plant species have habitat in the Project area. USFS Sensitive Animal Species A total of eight Region 2 sensitive animal species have suitable habitat in the Project study area, including boreal toad (Anaxyrus boreas), northern goshawk (Accipiter gentilis), boreal owl (Aegolius funereus), 10 03/27/2012 olive -sided flycatcher (Contopus cooperi), Colorado River cutthroat trout (Oncorhynchus clarki pleuritucus), American marten (Martes americana), and pygmy shrew (Sorex hoyi). More information about these species is provided in the Biological Assessment/Biological Evaluation (Appendix D). One additional species, American three -toed woodpecker (Picoides dorsalis), was previously listed as a sensitive species and was on the list of species provided to URS by the Holy Cross Ranger District in 2010, but were removed from the 2011 sensitive species list (USFS 2011). (5) Homestake Reservoir is situated in a steep -sided glaciated valley along the Middle Fork of Homestake Creek. Both the east and west sides of the valley are steep and rocky, restricting access along the shores upstream of the dam. The Middle Fork and East Fork of Homestake Creek join in a large wetland below (north of) of the study area, and both streams cross and parallel the lower portions of the access roads. The predominant vegetation in the area is subalpine spruce -fir forest. Other plant communities/habitats include cliffs and rockland, aspen and mixed aspen- conifer forest, riparian shrub, wet meadows, disturbed/barren, and reservoir drawdown areas. The elevation in the study area ranges from approximately 10,000 to 10,300 feet above sea level. Most of the areas that would be affected by the Project are previously disturbed and are currently occupied by the dam, existing roads, former laydown areas, or by the reservoir. Habitats below the dam consist of disturbed and barren areas associated with past disturbance and adjacent relatively natural habitats. The lowest part (north) end of the study area is the junction of the two access roads. The right (looking downstream) dam abutment access road (east side of valley) passes mostly through spruce -fir forest with some mixed shrub/herbaceous wetlands. The upper part of the road opens into a parking and boat launch area at the reservoir. The left dam abutment access road passes through spruce -fir forest for the lower half, and then a mix of forest, open areas, and riparian shrub. This road crosses the Middle Fork of Homestake Creek near the bottom of the road, and parallels the creek and a pond upstream of the crossing. The laydown area consists primarily of low- growing herbaceous vegetation, and is surrounded by conifer forest. (6) Potential air quality impacts for the Project were evaluated in relation to emissions generated from the asphalt batch plant and construction vehicular traffic. The immediate area surrounding the Project site currently meets the NAAQS for all criteria pollutants, and therefore is in attainment for these pollutants. Batch plant operation will mainly result in a temporary increase of PM. Various air quality control measures will be implemented by the contractor to reduce potential PM emissions associated with vehicle generated fugitive dust and facility exhaust. Specifically, a gravel surface will be applied on all roadways and areas where vehicle travel will occur. Establishing gravel surfaces will result in approximately 84% fewer emissions than unpaved roadways with no gravel. Water will be applied to gravel surfaces to reduce emissions by up to an additional 50 %. Application of these two control technologies will achieve up to 90% dust emissions control efficiency for vehicle travel. In addition to applying water and gravel to control PM emissions, bag filters will be installed in order to reduce PM emissions associated with storage silos and the asphalt batch plant stack. Bag filters (fabric filters) are known to collect particles at efficiencies generally in excess of 99 %. For those workers who will not commute daily to and from the site, temporary lodging consisting of 20 -25 individual hard -sided camping trailers will be set up in and adjacent to the staging area below the toe of the dam. These accommodations are necessary to meet the short construction window and weather variability at the project site. A centralized generator is expected to provide electricity to those trailers that do not have dedicated generators. Bottled water will be the potable water source for consumptive use. Water provided from the East Fork Diversion Pipe will be considered the non - potable water source for bathing. A shallow buried sewage line from the trailers would be discharged into a holding tank, which will be monitored and pumped regularly by a dedicated service provider. Trash would be kept in bear -proof dumpsters and hauled off -site to a landfill or other appropriate disposal facility. Project personnel are expected to purchase and prepare their own meals. No commercial food suppliers or catering services will be used at the project site. Activities related to the temporary on -site lodging will be covered under the Annual Operating Plan and administered by the USFS for 2012 and 2013. EXCEEDS MINIMUM STANDARDS 11 03/27/2012 X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS EAGLE COUNTY OPEN SPACE PLAN �v Pit i t ASy� Recommendation mccepetates mitioratif X x' x2 nilooennttenitttiongi Does Not late Racommentlations Not Applicable X X X (1) The continued operation of the Homestake Dam will provide recreational amenities for the residents and visitors of Eagle County. (2) Homestake Dam is an existing facility an d the footprint of the project will be entirely within areas occupied by current facilities and areas previously disturbed during construction of the original dam. Construction activities will not alter any ecological unit or landform in the project area. The project will have no effects on geology or geologic hazards, including avalanche, landslide, flood, settlement or siltation. Since construction will not occur in the winter, no avalanche control will be implemented. Potential siltation from construction activities will be prevented by the methods described in Section 3.1 Hydrologic Resources in the Environmental Impact Report. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility. [Section 5- 250.B.2J The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. Peal Surrounding Land Uses '/ Zoning sst ilitY yes No North: Public Land Resource Preservation (RP) ✓ South: Public Land Pitkin County ✓ East: Residential Resource Preservation (RP) ✓ West: Residential Resource Preservation (RP) ✓ Homestake Dam is an existing facility and the footprint of the project will be entirely within areas occupied by current facilities and areas previously disturbed during construction of the original dam. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIM UM STANDARDS DOES NOT MEET MINIMUM STANDARDS 12 03/27/2012 STANDARD: Zone District Standards. [Section 5- 250.B.3] The proposed Special Use shall comply with the standards of the zone district in which it is located and any standards applicable to the particular use, as identified in Section 3 -310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses and Section 3 -330, Review Standards Applicable to Particular Commercial and Industrial Uses. The project meets the minimum standards established in the Land Use Regulations. The project is currently being reviewed for a Special Use Permit which is the requirement in the Residential and Agricultural Zone District Schedule in Table 3 -300 for Aggregate Processing EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS SECTION 3 -310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL, AGRICULTURAL AND RESOURCE USES STANDARD: Design Minimizes Adverse Impact. [Section 5- 250.B.4] The design of the proposed Special Use shall minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use shall avoid significant adverse impact on surrounding lands regarding trash, traffic, service delivery, parking and loading, odors, noise, glare, and vibration, and shall not create a nuisance. 4 :1 $ ; , ' iii 0 i; #i . � ps O Z U 0, " CL u - Satisfies ECLUR Xi Xz X z X z X Xa X X 11ir2nts " ' 1 Does Not Satisfy ECLUR _ ] Requirements Not Appl X (1) All construction generated waste will be removed from the site to approved off -site facilities. If hazardous material is found, it will be segregated and managed in accordance with appropriate regulations. The sediment ponds, filter area and low flow channel associated with the dam face milling operations will be regularly maintained. Sediments treated with flocculent will be removed from the reservoir footprint. Filter bags will be legally disposed of. A final cleaning of the sedimentation ponds, filter area and low flow channel will be done upon completion of final washing. (2) Traffic control and safety measures are being implemented by the contractor and coordinated with the USFS and CDOT to minimize and mitigate traffic impacts and improve safety at the Project site. All construction traffic will stay on approved access roads and comply with all posted speed limits and vehicular regulations. Construction trucks will be escorted by pilot vehicles to the dam. Safety would be enhanced at the intersection of Highway 24 and FR 703 by setting up an advanced warning traffic control plan consisting of the following signage: • On Highway 24 at the FR 703 entrance: "Caution Heavy Truck Traffic Ahead" 13 03/27/2012 • At Traffic Control Station: "Homestake Deliveries Stop Here" • At curve sloped to outside: "Dangerous Comer Truckers Slow Down" • At steep grade area: "Steep Grade Ahead" • Near road closure gate: "Road Closed Ahead Turnaround Here" • At closure gate: "Road Closed" • At closure gate: "Object Marker Red & White Striped" • At closure gate: "Object Marker Delineators" A road closure gate on FR 703 has been installed below the junction of the FR 703A right abutment access road and FR 703 to limit public access during construction. A warning sign will be placed above the closure gate stating "Construction Zone Please Keep Out." A manned traffic control station will be established between Highway 24 and the Homestake Creek Bridge. Delivery trucks will stop at the station and be piloted to the base of dam laydown area. Pilot car activities are intended for trucks carrying gravel, asphalt oil and tack, equipment, concrete, precast, and permanent materials. To the extent possible, multiple trucks will caravan following one pilot car. The traffic control station will be removed during the off season. All signs, gates, and the traffic control station will be removed during the off season and when construction is complete to preserve the scenic quality in the Project area. (3) The process of refacing the dam with hot mixed asphalt will create a petroleum smell similar to what is experienced during a road paving operation. The creation of this odor is an unavoidable, but temporary impact. Public access is restricted at approximately'/ mile away from the Project site, so it is unlikely that recreationists will be exposed to these odors. (4) The project area would experience temporary noise impacts associated with construction activities. The asphalt for the dam refacing will be prepared using a portable hot batch mix asphalt plant, which consists of a loader and a generator, is anticipated to operate at a noise level less than 40 dBA. The maximum permissible noise levels in Eagle County are 60 dBA. Private residences occur approximately 2 miles from dam site and would not hear construction activity. Public restricted access occurs % mile from Project site, therefore it is not anticipated that recreationists would be impacted by the construction noise. Homestake plans to implement confined charge blasting at the bottom of the reservoir for dam construction to minimize noise. Noise impacts created from the blasting would be infrequent (two shots within a one month period), temporary and remote and it is unlikely that the noise would be propagated throughout the valley. Signage will be posted on the road closure gate on FR703 to notify the public of the blasting activities. Off -site construction- related noise is predicted from increased traffic using FR 703. The noise impacts from construction traffic would contribute to the overall background noise levels in the Project area and are anticipated to be temporary and minor. Private residences and recreationists in the Project Area may be affected by construction traffic seasonally and during day -time hours, but not at night. Homestake and the contractor will comply with all applicable noise ordinances and will identify reasonable and feasible noise abatement measures for the Project, such as shutting down noisy equipment when not needed. Since the Project will create temporary but unavoidable noise impacts, no further mitigation measures will be implemented. Although it is not anticipated that seasonal residences and recreationists near the Project area would hear the blasting operations, signage will be posted on the road closure gate on FR703 to notify the public of these activities. 14 03/27/2012 EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Environmental Impact. [Section 5- 250.B.51 The proposed Special Use shall minimize environmental impacts and shall not cause significant deterioration of water and air resources, wildlife habitat, scenic resources, and other natural resources. g Exceeds ECWR Requirements Satisfies 4.PIAIR Requitement : X X X X X X X Does. Not Satisfy ECLttl Requirement Not Applicable (1) The reservoir will begin to be drawn down beginning in late 2011 and will reach a minimum level in April 2012. A residual pool will be maintained throughout the 2011 construction season because the reservoir is deeper than the elevation of the outlet works. The lowered size of the residual pool is not known, but may be sufficient to support the fish remaining in the reservoir. The reservoir will begin to be refilled again in spring 2013, but is not likely to reach full storage until 2014. Homestake does not plan to divert water from either the East Fork Diversion or the Missouri Tunnel (from Missouri, Sopris, Fancy and French Creeks) in 2012. Inflows to the reservoir will only occur from the mainstem of Homestake Creek and areas directly adjacent to the reservoir. Outflow from the reservoir will occur through the Homestake Tunnel and through the dam outlet works. In 2013, reservoir storage from Homestake Creek, the East Fork Conduit and the Missouri Tunnel will be resumed, although reservoir storage will be within a reduced elevation well below the crest of the dam. The overall volume of streamflow in Homestake Creek downstream of the project will increase in 2012, as the only water diverted to Turquoise Reservoir will be natural inflow to the reservoir.. During construction, the magnitude of peak stream flow in Homestake Creek will not likely exceed the peak stream flows that have historically occurred since the system has been in operation, and historical peak flows (recorded after construction of the system) have been similar to peak native stream flow that would have occurred if the Project had not been diverting water. The Project will not be able to provide the operational bypass flows below Homestake Reservoir during a portion of 2012 because short-term construction activities related to the dam outlet works repair will temporarily preclude the use of the outlet. During this work, water will be discharged through Homestake Tunnel to reduce water surface levels upstream of the coffer dam and to protect construction activities at the dam. Upon completion of the dam outlet works repair it is anticipated that releases through the outlet would resume as required. The construction period for the outlet works is expected to be 6 to 8 weeks. Flow requirements at Gold Park should not be an issue as the watershed between the reservoir and Gold Park (East Fork, Sopris, Missouri, French and Fancy Creeks) typically supplies at least 24 cfs during the summer months. In 2013 all streamflow obligations will be met, and the outlet from Homestake Reservoir will be operable. The temporary deviation from the bypass 15 03/27/2012 requirement from the reservoir in 2012 will be submitted for approval by the USFS in the 2012 Annual Operating Plan. The portion of the Middle Fork of Homestake Creek between the dam and the confluence with the East Fork would have no flow from the outlet works during the period when the outlet works are under construction. This section of creek is about 0.4 mile long and includes a beaver pond and a large wetland with open water areas that is likely to be supported by groundwater and the watershed between the dam and the confluence. Temporary loss of flow through the outlet works is not expected to have adverse impacts to fish or other aquatic species. Construction should have no adverse effects to water quality. The contractor is required to implement water quality control measures during construction and has prepared a water quality control plan and stormwater management plan (Appendix B) and obtained stormwater and water quality permits. The plan includes use of settling basins, filtration systems as needed, and regular monitoring. The primary containment will be installation of a cofferdam about 200 feet upstream of the outlet works intake. Water contained between the cofferdam and the main dam would be controlled, monitored, treated and discharged into the active pool behind the cofferdam, and secondarily into the outlet works and from there to Homestake Creek. During construction, sediment fencing will be placed along the edges of wetlands and surface water bodies that are adjacent to the access roads and other construction areas to prevent degradation of water quality and to restrict vehicle movement into those areas. Stockpile, laydown and disturbed areas will be silt fenced. Hay bale barriers and wattles will be used in highly erodible areas if they are identified. Water quality control best management practices will include containment/infiltration basins, filtering and straw bale and rock check dams. The primary pollutant that will be controlled will be sediment load and suspended solids. The sources are the sediment deposited on the floor of the reservoir, any sediments carried by stormwater into the basin, and any materials resulting from the milling and washing of the asphalt face (e.g., millings and dust). It is assumed that no chemical treatment will be required beyond clarifying and settling out suspended solids. (2) Control measures will be implemented by the contractor to reduce potential particulate matter (PM) emissions associated with vehicle generated fugitive dust and facility exhaust. For example, the on -site construction area will be covered with a coarse aggregate base and localized portions of FR 703 will be covered with gravel. According to fugitive dust emissions studies documented by the Western Regional Air Partnership (WRAP), establishing gravel surfaces result in approximately 84% less emissions than unpaved roadways with no gravel (WRAP 2006). Water will be applied to gravel surfaces to reduce emissions by up to an additional 50 %. Application of these two control technologies will achieve up to 90% dust emissions control efficiency for vehicle travel. In addition to applying water and gravel to control PM emissions, bag filters will be installed in order to reduce PM emissions associated with storage silos and the asphalt batch plant stack. Bag filters (fabric filters) are known to collect particles at efficiencies generally in excess of 99 %. (3) Homestake Dam is an existing facility and the footprint of the Project will be entirely within areas occupied by current facilities and areas previously disturbed during construction of the original dam. Construction activities will not alter any ecological unit or landform in the Project area. The Project will have no effects on geology or geologic hazards, including avalanche, landslide, flood, settlement or siltation. Since construction will not occur in the winter, no avalanche control will be implemented. Impacts to geologic resources have been avoided or minimized by limiting construction to previously disturbed areas. Therefore, no additional mitigations have been identified. (4) Impacts to biological resources have been avoided and minimized by confining construction to areas that are currently used for operation of Homestake Reservoir or that were disturbed during the original reservoir construction. As a result, construction activities will not require clearing of forested habitat. 16 03/27/2012 During construction, sediment fencing will be placed along the edges of wetlands and surface water bodies that are adjacent to the access roads and other construction areas to prevent degradation of water quality and to restrict vehicle movement into those areas. The primary pollutant that will be controlled will be sediment load and suspended solids. It is assumed that no chemical treatment will be required beyond clarifying and settling out suspended solids. Disturbed areas that are outside of the dam, reservoir, and access roads will be reclaimed at the end of construction, using a seed mix comprised of native grasses and forbs. A residual pool will be maintained during construction that may be sufficient to support existing fish populations. The project will facilitate site visits by (Colorado Parks and Wildlife) CPW fishery biologists to assess the need for fish salvage from the residual pool of the reservoir. CPW fish biologists would like to evaluate the need for salvage in late May or June of 2012 to determine whether there are fish in distress as a result of dewatering. Homestake is considering assisting CPW with restocking the reservoir upon completion of the project. CPW has indicated that they will ask the USFS to close Homestake Road near Highway 24 during the winter to prevent harassment or poaching of wildlife. The project is expected to have no effects to migratory birds, including sensitive bird species. In the unlikely event that clearing of riparian shrubs or cutting of trees is required for the Project, surveys or other mitigation would be required by USFS prior to construction activity. Potential methods include clearing of the construction area in advance of the breeding season to make the area unsuitable for nesting, timing of construction to avoid the breeding season, or use of pre - construction surveys to identify bird nests combined with delays in construction for individual nests until the young birds have fledged and left the nest. The first two are preferable because they do not involve delays in construction once it is underway, and have a greater likelihood of not affecting active bird nests (active bird nests can be very difficult to locate). If mitigation is needed for migratory birds, appropriate methods would be coordinated with the USFS. The same procedures would also protect USFS sensitive bird species nests, including boreal owl, northern goshawk, and olive -sided flycatcher. Fencing has been installed along the edges of access roads where moonworts were found during surveys in 2010 and 2011, to prevent accidental destruction of plants or damage to habitat. Stockpile, laydown and disturbed areas will be silt fenced. Hay bale barriers and wattles will be used in highly erodible areas if they are identified. (5) Noise: Homestake and the contractor will comply with all applicable noise ordinances and will identify reasonable and feasible noise abatement measures for the Project, such as shutting down noisy equipment when not needed. Since the Project will create temporary but unavoidable noise impacts, no further mitigation measures will be implemented. Although it is not anticipated that seasonal residences and recreationists near the Project area would hear the blasting operations, signage will be posted on the road closure gate on FR703 to notify the public of these activities. Wastes and Odors: All construction generated waste will be removed from the site to approved off -site facilities. If hazardous material is found, it will be segregated and managed in accordance with appropriate regulations. The sediment ponds, filter area and low flow channel associated with the dam face milling operations will be regularly maintained. Sediments treated with flocculent will be removed from the reservoir footprint. Filter bags will be legally disposed of. A final cleaning of the sedimentation ponds, filter area and low flow channel will be done upon completion of final washing. (6) Temporary visual impacts could not be avoided for the Project. The following minimization and mitigation measures, however, will offset the impacts: 17 03/27/2012 • During construction, disturbance will be minimized in construction work areas to the extent possible. • Public access to the site is limited. • Areas identified for post - construction reclamation per Design Specification 02920 (Appendix A) in the EIS Report will be monitored through the warranty period to help re- create pre - construction conditions. • The upper slope of the downstream dam face nearest to the crest of the dam will be rebuilt with rockfill similar to that on the existing dam face. The downstream face will not have a different visual appearance after construction. (7) Traffic control and safety measures are being implemented by the contractor and coordinated with the USFS and CDOT to minimize and mitigate traffic impacts and improve safety at the Project site. All construction traffic will stay on approved access roads and comply with all posted speed limits and vehicular regulations. Construction trucks will be escorted by pilot vehicles to the dam. Safety would be enhanced at the intersection of Highway 24 and FR 703 by setting up an advanced warning traffic control plan consisting of the following signage: • On Highway 24 at the FR 703 entrance: "Caution Heavy Truck Traffic Ahead" • At Traffic Control Station: "Homestake Deliveries Stop Here" • At curve sloped to outside: "Dangerous Corner Truckers Slow Down" • At steep grade area: "Steep Grade Ahead" • Near road closure gate: "Road Closed Ahead Turnaround Here" • At closure gate: "Road Closed" • At closure gate: "Object Marker Red & White Striped" • At closure gate: "Object Marker Delineators" A road closure gate on FR 703 has been installed below the junction of the FR 703A right abutment access road and FR 703 to limit public access during construction. A warning sign will be placed above the closure gate stating "Construction Zone Please Keep Out." A manned traffic control station will be established between Highway 24 and the Homestake Creek Bridge. Delivery trucks will stop at the station and be piloted to the base of dam laydown area. Pilot car activities are intended for trucks carrying gravel, asphalt oil and tack, equipment, concrete, precast, and permanent materials. To the extent possible, multiple trucks will caravan following one pilot car. The traffic control station will be removed during the off season. All signs, gates, and the traffic control station will be removed during the off season and when construction is complete to preserve the scenic quality in the Project area. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Impact on Public Facilities. [Section 5- 250.B.6] The proposed Special Use Permit shall be adequately served by public facilities and services, including roads, pedestrian paths, potable water and wastewater facilities, parks, schools, police and fire protection, and emergency medical services. 18 03/27/2012 E CL JR: Requir ' -- ' atisfie ECLUR. x x x x Requ t Does N t `SU€is �' L Requii etr�ent` ` —_ Not Appik*ble X X The project meets the minimum standards established in the Land Use Regulations. The applicant has shown that there is competent evidence that the proposed use as conditioned, fully complies with all the standards of Special Use Section in the Land Use Regulations. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Site Development Standards. [Section 5- 250.B.7] The proposed Special Use shall comply with the appropriate standards in Article 4, Site Development Standards. r r 1: i 2 T' s t 11 Erb , � � � t C k? S y d ? 3 � . it 9 IS a. N snF 2 Pik t y �� 1 D O ft dal I S 'Ct i C (q G" a�° i k ,� x:52 t 7 }� 1 t 1 � 9 2 t f Z S l e ' . I d s 4 4P G a� y� "a� ".; i3 i a• t.�� " , �I. .. 'f � � h � y�', tax . t L � C A/ _. , s _ .� X Off - Street Parking and Loading Standards (Division 4 -1) X Landscaping and Illumination Standards (Division 4 -2) X Sign Regulations (Division 4 -3) X Wildlife Protection (Section 4-410) X Geologic Hazards (Section 4 -420) X Hillside Development (Section 4-425) X Wildfire Protection (Section 4 -430) - X Wood Burning Controls (Section 4 -440) X Ridgeline Protection (Section 4-450) X Environmental Impact Report (Section 4 -460) X Commercial and Industrial Performance Standards (Division 4 -5) X Noise and Vibration (Section 4 -520) X Smoke and Particulates (Section 4 -530) X Heat, Glare, Radiation and Electrical Interference (Section 4 -540) X Storage of Hazardous and Non - hazardous Materials (Section 4 -550) X Water Quality Standards (Section 4 -560) 19 03/27/2012 X Roadway Standards (Section 4 -620) X Sidewalk and Trail Standards (Section 4 -630) X Irrigation System Standards (Section 4 -640) X Drainage Standards (Section 4 -650) X Grading and Erosion Control Standards (Section 4 -660) X Utility and Lighting Standards (Section 4 -670) X Water Supply Standards (Section 4 -680) * X Sanitary Sewage Disposal Standards (Section 4 -690) X Impact Fees and Land Dedication Standards (Division 4 -7) EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Other Provisions. [Section 5- 250.B.8] The proposed Special Use shall comply with all standards imposed on it by all other applicable provisions of these Land Use Regulations for use, layout, and general development characteristics. The project meets the minimum standards established in the Land Use Regulations. The applicant has shown that there is competent evidence that the proposed use as conditioned, fully complies with the use, layout, and general development characteristics in the Land Use Regulations. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS C. SUMMARY ANALYSIS: Project activities will be covered under the Annual Operating Permit administered by the USFS. Additionally, Homestake is responsible for consulting with federal, state, and county agencies for appropriate permits related to wetland impacts, sensitive species, cultural resources, and dam safety and operations. The contractor is responsible for permits related to stormwater management, air quality, earthmoving activities, and fuel storage. The construction and operation of the Project will be done in compliance with all applicable laws and regulations related to water resources, adjacent land uses, and wildlife. Biological field surveys were conducted to gather baseline environmental data in the Project area. Field work was performed under the guidance of the USFS, CPW, and U.S. Fish and Wildlife Service (USFWS) in the summer of 2010. Information obtained from the biological surveys was used as the basis for coordination with various agencies to verify permitting requirements. The project is required for Homestake Dam and Reservoir to be in compliance with the Office of the State Engineering of Colorado dam safety. Once completed, this project will offer recreational opportunities to the residents and visitors in Eagle County. In summary, staff finds: 1. The petition will not adversely affect the public health, safety, and welfare, and; 20 03/27/2012 2. The proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses, and; 3. The proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). D. PLANNING COMMISSION COMMENTS AND DELIBERATIONS • Commissioner Heicher desired that the special use permit should have an end date of December 31, 2015. Applicant response: Homestake has no issue with a time limit on the Special Use Permit. • Commissioner Hammond wanted to know how many jobs would be created by this project. Applicant response: Since the equipment is being shipped from Germany, half of the workers need to be specifically trained on the equipment and will be from Germany so the project will hire 5 to 10 local workers. • There were concerns about the living conditions at the site. Applicant response: Homestake is working with the Forest Service on setting up a man camp with up to 20 units, but at this time 15 units are projected for use. • Commissioner Heicher is concerned with human/bear interaction. Wildlife resistant trash containers should be used and other agencies shouldn't have to clean up any problems with bears. Applicant response: Bear proof trash containers have been identified in the Environmental Impact Report as a requirement. • Commissioner Hammond had concerns about maintaining in stream flow into the Eagle River. Applicant response: Eagle Park Reservoir will release water if there are any in stream flow issues with the Eagle River due to low snow pack this year. • Commissioner Hammond had concerns about in stream flow of Homestake Creek when the dam is being refilled. Applicant response: Minimum stream flows must be met at all times. It is expected to take until 2014 to refill the reservoir depending on weather conditions. • Concerns were raised about the reclamation of the construction staging area once the project is completed. Applicant response: Pictures were taken prior to any activity on the site, the topsoil has been stored for reclamation and the applicant has a two year warranty with the contractor for reclamation. • Concerns were brought up about the locations for fueling of vehicles and if the groundwater could be contaminated. Applicant response: There is a control and contamination plan and fueling will take place in designated areas only. Fuel tanks will be double walled with a containment area of 1.25 times the volume of the tank in the unlikely event of a tank failure. • Concerns were raised about watering the reclamation areas and ensuring water rights are available. Applicant response: There is water available for the reclamation areas. • The Planning Commission wanted to know what safety measures are in place for the public when the recreation area is closed around the reservoir. Applicant response: There will be a control gate at the entrance and the gate will be locked when not in use. A lead vehicle will be used to guide construction traffic into the site. Prior to the control gate, there will be a turn off for hiking trails. No camping or hiking will take place in the construction area. • Concerns were raised that big game animals will get stuck in the drained reservoir and that the drained reservoir will diminish the amount of insects available to the bird population. Applicant response: They are working with Colorado Parks and Wildlife to diminish the impact on the wildlife during the project. • Commissioner Heicher requested that the language in the Environmental Impact Statement be changed to state that if restocking of the reservoir is needed, Homestake will participate instead of considering participating. Applicant response: The applicant agreed to add a condition to the Special Use Permit stating that the reservoir would be stocked by the Homestake Partners if required by Colorado Parks and Wildlife. • Commissioner Brock wanted to know why the existing asphalt can't be overlaid. Applicant response: The existing asphalt is not structurally sound. To make the project viable, the new asphalt must be adhered to structural sound asphalt. This requires removing the top layers. They are 21 03/27/2012 hoping for a 40 to 50 year lifespan but the dam will need continual maintenance with a protective coating added every 5 to 10 years. • Concerns were raised about the condition of the roadway. Applicant response: The contractor is required to restore the road to the original condition. • Concerns were raised about how the diesel fuel will be stored on site. Applicant response: The diesel fuel will be stored in double walled tanks. • Commission Hammond asked what a typical work week would look like. Applicant response: It will be a six day work week with Sundays and holidays off. • The Planning Commissioners would like the applicant to have a public outreach program with Front Range communities and the Forest Service so visitors are aware the recreation area is closed. Applicant response: A public outreach effort is already underway. • The Planning Commissioners wanted to convey that this is a recreation area and tourist attraction for Eagle County so they were desirous of a polite construction flag crew and signage on HWY 24 so people were aware of the closures. Applicant response: They will convey the need of a polite crew, but they are limited by CDOT as to how many signs can be placed on HWY 24. The maximum amount of signage has already been located on the road. E. PLANNING COMMISSION AND BOARD OF COUNTY COMMISSIONERS OPTIONS: 1. Approve [File No. ZS -35781 request without conditions if it is determined that the petition will not adversely affect the public health, safety, and welfare and the proposed use is attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 2. Deny [File No. ZS -3578] request if it is determined that the petition will adversely affect the public health, safety, and welfare and/or the proposed use is not attuned with the immediately adjacent and nearby neighborhood properties and uses and the proposal is not in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). 3. Table [File No. ZS -3578] request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve [File No. ZS -3578] request with conditions and/or performance standards if it is determined that certain conditions and/or performance standards are necessary to ensure public, health, safety, and welfare and/or enhances the attunement of the use with the immediately adjacent and nearby neighborhood properties and uses and the proposal is in compliance with both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan (and/or other applicable master plans). F. SUGGESTED CONDITIONS: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. Prior to or concurrent with any building, electrical, grading or other, miscellaneous permit application, all comments and recommendations set forth in the following referral responses shall be incorporated into the design of the Special Use, or otherwise adequately addressed as evidenced by written documentation from the applicant, inclusive of revised plan documents: 1. Eagle County Environmental Engineering Department correspondence dated February 10, 2012; as follows: ii. After the completion of the project, the owner will provide an inspection report completed by a Colorado Professional Engineer (PE) for Homestake Creek Bridge and Homestake Road. All deficiencies and damages identified in the report must be repaired by the owner. 22 03/27/2012 1. Eagle River Water & Sanitation District correspondence dated February 6, 2012; as follows: iii. The discharge of water will be tested within 48 hours of the first flow. At least one sample will be tested for dissolved heavy metals and submitted to the owners' laboratory for rapid turnaround of results, so, in the unlikely event of higher than expected metals; a quick correction could be effected. 3. Failure to comply with the stipulations outlined in approvals or permits issued by other agencies invalidates Eagle County's Special Use approval of the project making it subject to local enforcement, including but not limited to cessation of the asphalt batching operation. 4. The Special Use Permit approval expires three years from the issuance of the permit. 5. The current annual operating plan will be filed on a yearly basis with Eagle County as long as the Special Use Permit is in effect. 6. Homestake should assist Colorado Parks and Wildlife if it is found that restocking of the reservoir with fish is needed. DISCUSSION: Ms. Valdez presented a PowerPoint slide show with details of the request. She showed vicinity maps of the area. This did not require a 1041 permit as it was only maintenance on the Dam. The project was necessary for compliance with state engineering standards. The Dam would be refilled by 2014. It was an existing use and no expansion onto adjacent properties. It met the Land Use Standards. Mr. Ron Sanchez (with ACA), representing the applicant presented a slide show with photos and details of the project. Jeff Schmidt, project manager was present along with Jeff Hollenbeck, Sheila Moore. The prod ect was needed to meet Dam safety requirements. In 2012, they would mill asphalt off the dam face. In 2013 the second phase will take place. The Dam would be allowed to refill in the spring of 2014. There would be an access control gate and foot trails and parking would be accessible to the public. Commissioner Stavney wondered about the location of the road closure. Mr. Sanchez stated that the Colorado Department of Wildlife was requesting a closure 1.5 miles off of Highway 24. There was concern that wildlife could be stuck between some of the construction road cleared and their access routes. Commissioner Stavney asked about the workers camping and if they would be allowed to have dogs due to concerns for wildlife. Mr. Sanchez stated that they were working within the Forest Service requirements for this type of situation. Commissioner Fisher asked about the current concrete. Mr. Sanchez stated that the original construction was placed at various concrete depths. They were removing some of the existing asphalt and replacing it with modern, less thick product. Mr. Schmidt indicated that the aggregate would be trucked in from Buena Vista. Commissioner Fisher encouraged communication with Leadville and Lake County during the construction process. Ray Merry spoke about the project. He stated that Eagle County had the authority to control environmental impacts on Federal Lands. They were contemplating a separate Land Use section to deal with this type of issue in the future. The 1041 requirements did contemplate maintenance issues coming up with current projects. Carry Sundeen spoke about the water stored in the reservoir. It was a small part of the water that was diverted by the Homestake project. The collection system would not operate this summer. The project would need to deal with water coming into the reservoir. This needed to be moved to Turquoise Reservoir. There would be a little bit of water shuffled back and forth, depending on where the work was taking place. There would be natural flow in Homestake Creek. Homestake Reservoir actually provided some water to Eagle County residents via the Eagle River during low flow periods. Commissioner Stavney wanted to review construction management and public communication in terms of signage and messaging. Mr. Sanchez stated that the US Forest Service would provide flyers at the two offices in Minturn and Leadville. They would post signage at the turnoff from Highway 24 and at the common parking area before the bridge. There would be construction signage posted on Highway 24 as required by the Colorado Department of Transportation. The City of Aurora would reach out to their public about the reduced water availability. Commissioner Fisher asked about the work that has already been done this year. 23 03/27/2012 Mr. Sanchez stated that they got clearance from Mr. Merry to proceed based on the operating plan with the BLM. Mr. Montag wondered about truck traffic. He wondered about the number of truck trips associated with the project. He was concerned about how this traffic would be handled and mitigated. Mr. Sanchez explained that the asphalt production ran about 300 tons a day. The season for this was around two months. There would be about 13 trucks per day and this could be offset a little by stockpiling a little earlier. Each day that they were paving there would be one tanker of oil and then employee traffic. Many of the employees would be staying on site and camping. There would be a full time blade and water truck on the road during the activities. They would maintain the road and there would be magnesium chloride in use to suppress the dust. Bill Johnson spoke about the hauling activities. The asphalt season should be around 2 months this and next year. There may be 13 trucks per day. They would haul early. In addition, there would be 1 tanker of oil. After that, there would personal traffic. The milling would take approximately 2 months and they anticipated back hauling. They would have a full time water truck running on the road for dust suppression. Commissioner Fisher spoke about the significant use of Highway 24 for road biking and asked that delays be scheduled so those commuting to work are not impeded. She also did not want to irritate unnecessarily the tourists using the road to access other points. If it happens that these expectations could not be met, she requested that the board be made immediately aware of the situation. Chairman Pro Tem Stavney opened and closed public comment, as there was none. Ms. Valdez reviewed the 6 conditions. Commissioner Fisher asked about the re- stocking condition and whether there was an agreement with the Forest Service. Mr. Sanchez stated that the Department of Fish and Wildlife would accompany the contractor to ensure the proper re- stocking protocol and evaluate the condition of the fish. Commissioner Fisher move to approve file no. ZS -3578 Homestake Dam/Reservoir Maintenance and Repair Project. Commissioner Stavney seconded the motion. The vote was declared unanimous. Work Sessions (recorded) Wellness Program Update Lisa Ponder, Human Resources Avon Town Council Work Session Avon Town Hall One Lake Street Avon, Colorado • There being no further business bef t Board, the meeting was adjournea sntil Ap 01 . Atte . _ tea. '! _ ` Clerk to the Boa d .o Chairman 24 03/27/2012