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HomeMy WebLinkAboutMinutes 07/16/13 PUBLIC HEARING July 16, 2013 Present: Sara Fisher Chairman Jill Ryan Commissioner Kathy Chandler-Henry Commissioner Keith Montag County Manager Bryan Treu County Attorney Beth Ayres-Oliver Assistant County Attorney Teak Simonton Clerk to the Board Kathy Scriver Deputy Clerk to the Board This being a scheduled Public Hearing,the following items were presented to the Board of County Commissioners for their consideration: Manager Update (recorded) Keith Montag, County Manager Communications Update Discussion Items Information Sharing Meetings Attended/Future Meetings 1. Child Care Licensing, Toni Rosanski 2. Budget Forecast, John Lewis Attorney Update (recorded) Bryan Treu, County Attorney Open Session CenturyLink Update Executive Session Personnel issue relating to Eagle County Planning Department Legal advice pertaining to Schmidt Application for Special Use Permit Legal advice pertaining to Application for Wolcott Preliminary Plan for PUD Consent Agenda Chairman Fisher stated the first item before the Board was the Consent Agenda as follows: 3. Approval of Bill Paying for the Week of July 15, 2013 (Subject to Review by the Finance Director) John Lewis,Finance 4. Approval of Payroll for July 25,2013 (Subject to Review by the Finance Director) John Lewis, Finance , 5. Approval of the Minutes of the Eagle County Commissioner Meeting for May 7, May 14 and May 15, 2013 Teak Simonton, Clerk and Recorder 6. Agreement between Eagle County and Eagle County School District Project Management for System of Care Expansion Planning Grant for Wayfinder Services to At-risk Youth 1 07/16/2013 Holly Kasper-Blank,Health&Human Services 7. Final Settlement of Contract with Old Castle SW Group, Inc.,DBA B&B Excavating for the Improvement of Accessibility of Bus Stops Through Site Preparation,Road Base and Paving Kelley Collier,ECO Transit 8. Colorado Department of Public Health and Environment Immunization Program Immunization Combined Projects Task Order,Waiver 154 Rebecca Larson,Health&Human Services 9. Construction Agreement between Eagle County and Ewing Trucking and Construction, LLC for Eagle County Colorado River Ranch Boat Ramp and Site Improvements Rick Ullom,Project Management Holly Kasper spoke to the board about the Wayfinder Services grant. The state awarded$50,000 for them to develop a system of care for youth between 10 and 18 years of age. It included many services, including mental health services. The goal was to get services to youth earlier. It was a cost based reimbursement. Chairman Fisher expressed support for the program. Ms.Kasper added that the goals also developed family and youth leaders. Jenny Wahrer spoke to the board about vaccinations. She spoke about a grant that brought immunizations to the community. It allowed the department to reduce preventable diseases and communicable disease spread. Commissioner Ryan asked how the outreach would be occurring. Ms. Wahrer stated that the un-insured or under-insured were the target. She was not sure of how the outreach would be planned. She suggested that Becky Larsen be contacted for more information. Rick Ullom spoke about the boat ramp at the,Colorado River Ranch construction. It would be called Horse Creek River Access. The Road and Bridge Department built the access to the boat ramp area. Construction would begin shortly and should be completed within two months. Commissioner Chandler-Henry moved to approve the Consent Agenda for July 16, 2013, as presented. Commissioner Ryan seconded the motion. The vote was declared unanimous. Citizen Input Chairman Fisher opened and closed citizen Input, as there was none. Commissioner Ryan moved to adjourn as the Eagle County Board of County Commissioners and re- convene as the Eagle County Housing and Development Authority. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Eagle County Housing and Development Authority 10. Automatic Operating Cost Adjustment Factor Rent Increase for Riverview Apartments Jill Klosterman and Dan Murray,Housing Ms.Klosterman explained that this was a standard agreement having to do with the housing assistance payment contract at Riverview Apartments. The housing contract allowed tenants to pay 30% of their income as rent and HUD subsidized the remainder. This was an automatic operating cost adjustment factor increase and rents would increase by approx. 1%but would not affect the tenants. The increase would go into place on November 2 and HUD would be making up the difference. 2 07/16/2013 Commissioner Chandler-Henry moved to approve the operating cost adjustment factor rent increase for Riverview apartments. Commissioner Ryan seconded the motion. The vote was declared unanimous. Commissioner Chandler-Henry moved to adjourn as the Eagle County Housing and Development Authority and re-convene as the Eagle County Local Liquor Licensing Authority. Commissioner Ryan seconded the motion. The vote was declared unanimous. Eagle County Liquor License Authority Kathy Scriver, Clerk and Recorder's Office Consent Agenda 11. Adam's Mountain Country Club,LLC d/b/a Adam's Mountain Country Club #15-59226-0000 Renewal of an Optional Premises License in Unincorporated Eagle. 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. 12. Larkburger,LLC d/b/a Larkburger #42-90984-0006 Renewal of a Hotel and Restaurant 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. 13. Daniel's Foods,Inc. d/b/a Mirabelle at Beaver Creek #07-59554-0000 Renewal of a Hotel and Restaurant 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. 14. Top of the Rockies at Vail,Inc. d/b/a Top of the Rockies at Vail(Camp Hale) #10-87789-0000 Renewal of a Hotel and Restaurant license 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 and proof of server training has been provided. 15. Beaver Creek Food Services,Inc. d/b/a The Rendezvous Club #04-51099-0009 Renewal of a Hotel and Restaurant license with 2-Opt.Premises on 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. Other 16. Piney River Ranch,LLC d/b/a Piney River Ranch #42-82860-0000 Report of Change/Manager Registration-The applicant wishes to register Monique Busold as the new manager,replacing Andrew Berst. Ms.Busold has no criminal history and was reported to be of good moral character. Commissioner Ryan moved that the Board approve the Liquor Consent Agenda for July 16,2013, as presented. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 3 07/16/2013 Other Liquor Business — Special Events Permit 17. APPLICANT: Rink Productions, Inc. REQUEST: Special Events Permit EVENT: Beaver Creek Music Experience DATE OF EVENT: Wednesday-July 31,2013 REPRESENTATIVE: Elizabeth Jones, Event Manager LOCATION: Creekside Park,Beaver Creek Subdivision STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested a permit for an event being held at Creekside Park in the Beaver Creek Subdivision. The event will be held on Wednesday-July 31, 2013 from 3 pm to 10 pm(application times) The applicant estimates approx. 300 attendees. Beaver Creek Security and staff will monitor access points and the event boundaries. The boundary will be identified using fencing, ropes,barriers and tents. There will be three entrances/exits into the licensed area. All staff assigned to handling alcohol will be server trained. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on July 5,2013, at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided an alcohol management plan,proof of server training and properly notified the Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority. 5. Staff has had no problems with events hosted by the applicant in the past. DISCUSSION: Ms. Scriver stated that she had no concerns about the request for the special event permit. Elizabeth Jones explained that the gazebo area would be used and the gates would open at 5:00 p.m. The show would last from 6:00 to 7:00 p.m. Lauren Ciarallo, Event Manager stated that they had a master agreement of understanding that the Beaver Creek Resort Company welcomed these types of events. Commissioner Chandler—Henry moved that the Local Liquor Licensing Authority approve the permit for the Rink Productions Inc. event being held at Creekside Park in Beaver Creek on July 31, 2013 from 3— 10 pm. Commissioner Ryan seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. 18. APPLICANT: Rink Productions, Inc. REQUEST: Special Events Permit EVENT: Luncheon—Pre-Wine& Spirits Weekend Event DATE OF EVENT: Saturday-August 10, 2013 REPRESENTATIVE: Elizabeth Jones, Event Manager LOCATION: Strawberry Park,Beaver Creek Subdivision 4 07/16/2013 STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested a permit for an event being held at Strawberry Park in the Beaver Creek Subdivision. The event will be held on Saturday-August 10,2013 from 10:00 am to 5:00 (application times) The applicant estimates approx. 100 attendees. Beaver Creek Security and staff will monitor access points and the event boundaries. The boundary will be identified using fencing,ropes,barriers and tents. There will be three • entrances/exits into the licensed area. All staff assigned to handling alcohol will be server trained. The applicant has been granted permission by Beaver Creek Food Service, Inc.to use the Osprey Optional Premises for certain summer events in 2013. STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on July 5, 2013, at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided an alcohol management plan,proof of server training and properly notified the Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority. 5. Staff has had no problems with events hosted by the applicant in the past. DISCUSSION: Ms. Scriver provided details for the event. Elizabeth Jones spoke about the hike through the mountain and farm to table luncheon at the end. The event requires a ticket. Commissioner Ryan moved that the Local Liquor Licensing Authority approve the permit for the Rink Productions, Inc. event being held at Strawberry Park in Beaver Creek on August 10, 2013 from 10 am—5 pm. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. 19. APPLICANT: Vail Symposium REQUEST: Special Events Permit EVENT: Lecture Series DATE OF EVENT: Wednesday—September 18, 2013 REPRESENTATIVE: Alby Segal,President LOCATION: Colorado Mountain College-Lecture Hall STAFF REPRESENTATIVE: Kathy Scriver CONCERNS/ISSUES: None DESCRIPTION: The applicant has requested a permit for an event being held at the Colorado Mountain College Campus in Edwards. The event will be held,on Wednesday—September 18, 2013 from 5:30- 8:00 pm. The event reception is from 5:30 to 6:00 pm. Finger food will be provided by the applicant. Beer and wine will be available,beer by the can and wine will be served in small plastic cups. The applicant estimates approx. 80 attendees. 5 07/16/2013 STAFF FINDINGS: 1. The applicant has submitted all the required documents and associated fees. 2. Public notice was given by posting a sign in a conspicuous place on the premises on July 5, 2013, at least 10 days prior to the hearing. 3. No protests have been received in the Clerk's Office. 4. The applicant has provided an alcohol management plan,proof of server training and properly notified the Eagle County Sheriff's Office per the requirements of the Eagle County Local Liquor Licensing Authority. 5. Staff has had no problems with events hosted by the applicant in the past. DISCUSSION: Ms. Scriver described the event and location of the event. It would be similar to other lectures in the Symposium series. They have had permits in the past with no issues. These were small events and the current request was for a 30-minute reception before the lecture. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the permit for the Vail Symposium event being held at the Colorado Mountain College in Edwards on September 18,2013 from 5:30—8:00 pm. Commissioner Ryan seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. 20. APPLICANT: Eagle Valley Land Trust REQUEST: Special Event Permit EVENT: Ed Fest Brewer and Music Festival DATE: Saturday-August 17, 2013 REPRESENTATIVE(S): Scott Conklin, EVLT Programs Coordinator LOCATION: 1st St.,2nd St., and Easy Street Riverwalk at Edwards STAFF REPRESENTATIVE: Kathy Scriver CONCERN: None DESCRIPTION: The applicant has requested a permit for the 2nd annual Ed Fest, a beer tasting festival hosted by Crazy Mountain Brewing Company. The Ed Fest will feature craft beer sampling and live music. Beer and barley wine will be served in"tasting"size glasses.This is a ticketed event open to all ages. There will be a kids area with coloring books, arts and crafts,and other activities. Food vendors will include Local Joes' Pizza,Nicky's Quiches, and Kaleb's Katch. The public will have the option of parking at Freedom Park and walking the path to Riverwalk, utilizing public transportation, or biking in. The applicant has been granted permission by the Edwards Property Owners Association to conduct the event on August 17 from 7:00 am to 10 pm in compliance with Riverwalk rules and regulations.Temporary fencing will be erected to ensure no one enters or leaves the permitted area. Portable restrooms will be available for public use. Citadel Security will provide event security. The applicant hopes to attract 1,250 attendees. STAFF FINDINGS: 1. This application is in order,all requirements have been met, all necessary documents have been received, and all fees have been paid. 6 07/16/2013 2. Public notice was given by the posting a sign in a conspicuous place on the premises,July 5, 2013, 10 days prior to the hearing. 3. No protests were filed in the Clerk's Office. 4. The applicant has provided an alcohol management plan and properly notified the Eagle County Sheriff's Office per the requirements of the Local Liquor Licensing Authority 5. Proof of server training is pending. 6. Kevin Selvy from Crazy Mountain Brewery has gone through the Limited Review Process and a Mass Gathering/Special Use Permit has been granted. (Eagle County File No.LR-4217) DISCUSSION: Ms. Scriver described the event and location. The event will be closer to the Wells Fargo Bank in Riverwalk. The event will be held on Saturday,August 17th. Scott Conklin added some detail. It was the third annual event. They would have beer samples available from local breweries and entertainment. Chairman Fisher wondered about parking difficulties. Mr. Conklin stated that the Riverwalk management did not have concerns about the parking. He explained that it was a fundraiser for the Eagle Valley Land Trust. Claire Plunkett,Crazy Mountain Brewery, Event Coordinator was also present. Mr. Conklin provided some detail about the Eagle Valley Land Trust mission and scope of work. Commissioner Chandler-Henry moved that the Local Liquor Licensing Authority approve the permit for the Eagle Valley Land Trust event being held in the designated area within the Riverwalk at Edwards on Saturday, August 17, 2013, from 3:00 p.m. to 7:00 p.m. Commissioner Ryan seconded the motion. The vote was declared unanimous. *The hours approved in the motion are the hours requested on the application and are not necessarily the hours of the event. Commissioner Ryan moved to adjourn as the Eagle County Liquor Licensing Authority and re-convene as the Board of County Commissioners. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. Planning Files 21. ZS-3521 Schmidt Special Use Permit 2011 Kris Valdez,Planning Fritz Schmidt, Applicant Terrill Knight: Knight Planning Services, Representative Note: Tabled from 05/28/13 Action: The purpose of this Special Use Permit application is to request approval for certain uses, some of which have historically occurred on Fritz Schmidt's property in the Commercial General Zone District. Location: 71 Edwards Access Road, Edwards OWNER: Fritz Schmidt Trust and Cecilia Schmidt Trust APPLICANT: Owner REPRESENTATIVE: Knight Planning Services, Inc./Terrill Knight 7 07/16/2013 1. PROJECT DESCRIPTION A. SUMMARY: The purpose of this Special Use Permit application is to request approval for certain uses, some of which have historically occurred on Fritz Schmidt's property in the Commercial General Zone District. In 2010-2011, Fritz Schmidt applied for a Special Use Permit and Finding of No Significant Impact (FONSI)to recognize a pre-existing single-family residence, constructed in 1973,to remain as a legal use in the Commercial General Zone District. The home was constructed prior to zoning being applied to the subject property in 1974; the residence had been non-conforming in terms of zoning ever since. During the 2010—2011 Special Use and FONSI process, some extraneous uses of the property were identified by adjacent property owners and a Staff site visit. As a condition of the Applicant's requests during the 2010-2011 Special Use Permit and FONSI, the uses of the property were required to be brought into conformance with the provisions of the Commercial General Zone District and other regulatory requirements.The Applicant is requesting the following uses be allowed: • Seasonal plant sales, • Christmas tree sales, • Taxi storage, • One plumbing truck, • One towing truck, and • Year-round used car sales. Per the Eagle County Land Use Regulations, each of these uses in the Commercial General Zone District, require a Special Use Permit approval.Also, since a majority of these uses occur within 75 foot streamside setback, the Board of County Commissioners has the ability to amend streamside setbacks through the Special Use Permit process. Below is the list of the proposed uses and impacts: Business Dates of Operation Hours of Parking Spaces Type of Structure Signage Operation The Plant 20 ft.x 20 ft.plastic Lady May 1—August 1 7 am to 7 pm 4 covered Quonset 4 ft.x 4 ft. type building Christmas November 23— 7 am to 7 pm 4 60 ft.x 60 ft.fenced 4 ft.x 4 ft. Tree Stand January 1 area 18 vehicles/2 rows Taxi November 15 July Whenever needed back to back— Not applicable None proposed Vehicles 15 direct access not necessary Plumbing Operation year-round Whenever needed 1 truck Not applicable None proposed Truck —as needed by clients Towing Operation year-round Whenever needed 1 truck Not applicable None proposed Truck —as needed by clients As required by Summer Hours: 12- the state and 6 M-F,Saturdays allowed within Used car 10-4,Winter Hours: the existing sales Operation year-round 1-5 M-F,Saturdays 13 spaces Not applicable sign code,no 10-3,Closed banners, Sundays in Summer balloons,or and Winter flags are being proposed B. SITE DATA: 8 07/16/2013 Surroundin l Land Uses/Zonin : Land T9§e !.' ., Zoning ' Lind Use ZOuant North: Old Edwards Estates Residential Suburban Medium Density _ South: Mixed-Use Commercial General Development East: Riverwalk Mixed-Use Planned Unit CDOT Interstate Resource Development Development Traveller Rest Area _ West: Eagle River Preserve Resource EtisrIngZookT Commercial General Proposed Zoning. : NA Current=Delop .t:F Single-Family Residence Site tntltns: Developed Total Land.Mea: Acres: 2.426-acres Square feet: '' 105,684 square feet Total Open Space: N/A War en Public: ERW&SD Private: Sewer: Ptbllu" ERW&SD Private: Access; Via Edwards Access Road C. CHRONOLOGY/BACKGROUND: 1973: Existing residence constructed 1974: Eagle County adopted and implemented zoning for all unincorporated lands. 1987: Subject property platted for first time. 1998: Subject property part of an amended final plat. 2000: Subject property defined in its current configuration via amended final,plat. 2010: Property owner discovers that the existing single-family residence has been considered legal non- conforming by Eagle County since 1974;thereby making it impossible to refinance the residence and property. 2011: Special Use Permit approved to allow residences in a commercial zone district and a FONSI request for a stream setback variance. 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 sett 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 9 07/16/2013 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 FLUM of the Comprehensive Plan, including standards for building and structural intensities and densities, and intensities of use. EAGLE COUNTY COMPREHENSIVE PLAN i3 OD 8 U VN a FLUM o o n .5 . R . Designation as ° - D Exceeds Recommendations Incorporates Majority of X1 X4 X5 X6 X7 X8 X9 Recommendations Does Not Incorporate Recommendations • Not Applicable X X2 X3 Xl-The Plan indicates that growth should be managed toward future sustainability—a healthy balance between economic success, quality of life and the preservation of the environment and that growth should be appropriately designed and should be located within or immediately contiguous to existing town and community centers.This proposal will not result in any additional development potential on the subject property. The uses proposed with the Special Use Permit request are not increasing the developed area on the property,rather utilizing existing impacted areas in the commercial center of Edwards. X2—The Plan speaks to commercial uses should be appropriately scaled and should occur in towns and community centers.The proposed uses are being located in the existing commercial center and are scaled appropriately for the site. X3—Due to the fact that this proposal does not entail additional commercial or new residential development,the Housing Guidelines are not applicable. X4—The subject property is served by public water, sewer and roads. The property is immediately adjacent to existing commercial services. In the previous Special Use Permit and FONSI process, ECO Trails requested that the Applicant provide a fifteen(15)foot wide trail easement across the subject property to accommodate the future route of the Eagle Valley Core Trail through Edwards,connecting to the Eagle River Preserve. The final trail design will accommodate and not block the driveway access to the subject property. X5—The subject property is served with public water. The Plan speaks to protecting against source water contamination; the Applicant has built a berm adjacent to the Eagle River to reduce the possibility of contamination from snowplowing and other activities.The berm has been built with erosion control mat and seeded. Should the seeding not become established,the Applicant will be required to reseed the berm. Staff is concerned about the disposal of fertilized dirt and vegetation from the plant business due to observations by Staff of this practice in the summer of 2012. Staff suggests that should any materials be disposed of near or in the Eagle River,the Special Use Permit, if it is approved,may be revoked. X6—Colorado Parks and Wildlife was sent a referral and no comment was received in regards to impacts of the proposed uses. X7—The proposed uses avoid areas of significant natural hazard.There are no known historical or archeological resources on the property. X8-The proposed uses do not generate any undue ocular,olfactory or auditory impacts which will compromise the environmental quality of the property or surrounding areas.These uses are already taking place on the property and this process is memorializing the uses. 10 07/16/2013 X9—The FLUM identifies the property as appropriate for mixed use development. EDWARDS AREA COMMUNITY PLAN 0 FLum 5 c#) r i a 3 '5 1' 0 w a x H 4L G3 W W V W A p4 E• e Pa Exceeds Recommendation Incorporates Majority X1 X2 X3 X4 of Recommendations Does Not Incorporate Recommendations Not Applicable X X X X X X X X Xl - The Plan speaks to protection of natural resources and systems,balanced growth,protection of social, cultural and historic resources, community character and mining activities. This Special Use Permit proposal will not adversely impact natural resources, change growth patterns, alter social, cultural and historic resources or change the community character. A berm has been constructed to minimize contamination to the Eagle River. X2—The existing commercial uses are served by public water and sanitation facilities. X3—The Plan speaks to ecosystem management, storm water drainage systems, clean mountain air, scenic vistas, protecting unique natural resources,protection of riparian,wetland and aquatic habitat, and protection of rare and endangered flora and fauna. With the installation of the berm,the Eagle River is protected from contaminates. X4-The FLUM identifies the property as appropriate for mixed use development. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Compatibility. [Section 5-250.B.2] The proposed Special Use shall be appropriate for its proposed location and compatible with the character of surrounding land uses. Potential Compatibility Surrounding Land Uses/Zoning! Issues Yes No Old Edwards Residential North: Estates Suburban X Medium Density South: Mixed Use Commercial X Commercial General Mixed Use Planned Unit East: Commercial X Riv '" Development aik West: Eagle River Resource X Preserve Focusing only on the Special Use Permit request to memorialize the uses already occurring on site,no new compatibility issues should arise. 11 07/16/2013 In 1981 when Old Edwards Estates received county approval,presumably consideration was given to potential conflicts between the single family residential development on the north side of the Eagle River and the existing commercially zoned property on the south side of the river. The Commercial General designation was assigned to the subject property in 1974. As of the writing of this report, Staff has received one opposition letter with concerns about noise in regards to the commercial operation and the other three letters received from the owners of property in Old Edwards Estates indicate that there is not a compatibility problem with the extraneous uses existing on the property. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 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 uses being proposed for this property are listed as special uses in the Land Use Regulations since they deserve a higher level of scrutiny to ensure the impacts from the uses do not diminish enjoyment of the land. As stated previously, these uses are existing on the property and as a requirement of the 2010-2011 Special Use Permit and FONSI, the Applicant was required to legitimize the uses. As of the writing of this staff report, no negative comments have been received about the uses by the adjacent property owners, except the Edwards Metro District has concerns about the impact of parked cars adjacent to the Eagle River. The property owner has addressed this concern by working with the Engineering Department after constructing a berm along the Eagle River then adding erosion control mat and seeding it. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS 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. an` Fs o Exceeds ECLUR Requirements Satisfies ECLUR X X X X X X X Requirements Does Not Satisfy ECLUR XI Requirements Not Applicable X 12 07/16/2013 Xl -The existing uses are provided with adequate services, and parking. Based on one letter of opposition, an adjacent property believes the generator from the Christmas tree lot,taxis leaving the lot and the beeping of commercial vehicles backing up create noise pollution for the neighbors. EXCEEDS MINIMUM STANDARDS MEETS MINIMUM STANDARDS X MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS STANDARD: Design Minimizes Environmental Impact. [Section 5-250.B.5] 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. oi a o Exceeds ECLUR Requirements Satisfies ECLUR Requirement X X X X X Does Not Satisfy ECLUR Requirement X Not Applicable Recognition of the existing uses on the subject property, if the conditions of approval are adhered to, is not anticipated to cause significant deterioration of water and air resources,wildlife habitat, scenic resources, and other natural resources. 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] 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. .5'i a a C^Y r yyc t1 4 tS, c^%O W t c J 1 Uc5 S+ y %4 .. Exceeds ECLUR Requirements _ Satisfies ECLUR X X X X X X Requirements Does Not Satisfy ECLUR Requirement Not Applicable X The subject property is 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 13 07/16/2013 services. In the previous Special Use Permit and FONSI process,ECO Trails requested that the Applicant provide a fifteen(15) foot wide trail easement across the subject property to accommodate the future route of the Eagle Valley Core Trail through Edwards, connecting to the Eagle River Preserve;this is a suggested condition of approval. 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. y }� W o z I' Article 4,site Development Standards iHt d o wax rw z 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 Wildfire Protection(Section 4-430) X Wood Burning Controls(Section 4-440) X Ridgeline Protection(Section 4-450) 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) 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) *to be applied to new structures only. 14 07/16/2013 The existing parking on the site is adequate for the proposed uses. Landscaping and illumination are installed on site.The proposed signage will require a sign permit in conformance with the Land Use Regulations. Staff received no comments from Colorado Parks and Wildlife in regards to wildlife impacts from the uses. All water and sewer are served by Eagle River Water and Sanitation District and in an email correspondence stated the District had no comment on the project. The Applicant has worked with the Engineering Department on grading and erosion control on the property for the berm. 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 existing uses satisfy all applicable provisions of the land use regulations with the exception of the non- conforming stream setback. As stated previously, the Board of County Commissioners has the ability to amend the stream setback through the Special Use process. EXCEEDS MINIMUM STANDARDS X MEETS MINIMUM STANDARDS MEETS THE MAJORITY OF MINIMUM STANDARDS DOES NOT MEET MINIMUM STANDARDS B. REFERRAL RESPONSES: Eagle County Engineering Department: In the attached response dated,January 28, 2013, Eagle County Engineering reviewed the information presented during the re-referral and has no comments on the additional information provided. The November 26, 2012 comments still apply and are provided below: Eagle County Engineering has reviewed the information provided by the Applicant on February 21, 2012 with the understanding that the Eagle County Land Use Regulations now allow the BoCC to approve a variance to the 75-foot stream setback that is not limited to a 50-foot stream setback. The Applicant is requesting a variable stream setback as defined by Exhibit A of the submitted information with a minimum setback of 10-feet. This setback would not impact the defined floodplain(see attached). During the summer of 2012 the Applicant constructed a berm adjacent to the river. This berm should provide some protection in preventing plowing of the parking lot into the river. In addition,the berm provides some visual relief from the property owners across the river. The berm was seeded and protected with erosion mat. However,the Applicant will need to continue to work to minimize weed growth until the native vegetation is established. ECO Trails: As part of the 2010-2011 Special Use Permit and FONSI process ,ECO Trails requested a 15 foot wide trail easement to accommodate the future route of the Eagle Valley Core Trail through Edwards,connecting to the Eagle River Preserve. The final trail design will accommodate and not block the access driveway to the residential property. This easement has not been provided yet,therefore it is a condition of approval on this file as well. Eagle County Department of Environmental Health: Adam Palmer reviewed the special use application for plant sales/storage,taxi storage,used vehicle sales and Christmas tree sales on the subject property. As 15 07/16/2013 part of Eagle County's commitment to preserving the health of the natural environment and protecting air and water quality,there is particular sensitivity to uses near live rivers and streams, including surrounding riparian areas. While some of these areas have already been altered or impacted from past uses,there exists an opportunity to not only reduce impacts from future uses,but mitigate previous impacts as well through implementation of best management practices along the Eagle River. To this end,Adam had the following comments: • "A detailed plan showing the retention and treatment from vehicles being washed/maintained on the property is recommended in order to protect the adjacent riparian area and water quality of the Eagle River. In addition,the Sustainable Community Index recommends best management practices such as bioswales and other natural retention features to reduce suspended solids and other pollutants for projects within 200 feet of a live stream. • Please provide a comprehensive list of soils, amendments, fertilizers,pesticides,herbicides and storage plan for such materials which will be used on the property, as well as spill prevention control and countermeasures plan. Storage and use of such materials is discouraged in or near riparian areas. • While a FONSI was granted in 2011 to recognize the existing residence on the property, Environmental Health advocates for the protection of Eagle County's riparian areas through strict application of the stream setback provision which requires that a 75-ft. strip of land on either side of the high water mark remain in its natural state. Where previous impacts have altered the natural state in these areas, it is recommended that they be reclaimed and revegetated with native plant species accordingly. • A landscape design which provides effective visual screening for the taxi and boat storage is recommended. • Please provide proposed comprehensive signage and lighting plan for all of the proposed uses, either seasonal or ongoing." The Applicant has provided a written response to these comments. Please see the attached correspondence dated,February 20, 2013. Edwards Metropolitan District: "The Edwards Metropolitan District reviewed the Fritz Schmidt Special Use Permit to allow temporary use on the existing parking lot within the 75 foot streamside setback and the Special Use Permit to allow temporary uses on a seasonal basis. While the District respects Mr. Schmidt's historical use of his property and recognizes that his site has severe constraints due to the shape and size of the property,the District would like to express its concern about the manner in which some of Mr. Schmidt's property is being used particularly where its use is located in close proximity to the Eagle River. The Edwards Metropolitan District would like to express concern about parked vehicles which are located in close proximity to the Eagle River.The Board is concerned about how those vehicles may be impacting the environment of the Eagle River. The Edwards Metropolitan District Board of Directors looks to Mr. Ray Merry to continue to oversee and enforce County regulations concerning present and future environmental impacts to the Eagle River." Colorado Parks and Wildlife: No comments were received back from this referral agency. Adjacent Property Owners: 1) Debbie K.Marquez 128 Old County Lane In the attached e-mail dated February 1, 2012,Ms.Marquez states she doesn't hear any commotion of the Schmidt property and thinks a Special Use permit is going overboard. 16 07/16/2013 2) Andrea Burrows 172 Old County Lane In the attached letter dated January 25, 2012,Ms.Burrows believes the Schmidt's commercial property is grandfathered in, due diligence before buying is the responsibility of the buyers, any changes made by residents in the Old Edwards Estates are the responsibility of that resident, living in the center of Edwards comes with positives and negatives in regard to the activities of the commercial properties. 3) Tim O'Donnell 180 Old County Lane In the attached letter dated February 2, 2012,Mr. O'Donnell states he has no complaints with the current level of use. As long as he(Mr. Schmidt)reasonably respects the interests of adjacent property owners before making any changes to the use of this property. 4) Chris Cooper 202 Old County Lane In the attached email dated March 26,2013,Mr. Cooper is concerned about the hodgepodge nature of the uses,noise and light pollution,and the aesthetics of locating vehicles along the Eagle River corridor. C. PLANNING COMMISSION: On May 1, 2013,the Planning Commission voted 3 to 1 to deny the project. At the April 3,2013, hearing,the Planning Commission and Eagle County agencies made the following comments: • Environmental Health would prefer to see further restoration of the Eagle River Corridor and have the opportunity to evaluate the feasibility of restoring the 10 foot setback area. • A Planning Commissioner asked if the dry well and swale were already in place? o Applicant response: Yes,the dry well and swale are in place. • A Planning Commissioner asked is the gravel area going to be used for taxi storage or will the miscellaneous items be brought back, such as boats and trailers? o Applicant response: No, the boat and trailers will not be brought back. The gravel area will be for the taxis,The Plant Lady and Christmas tree sales. • A Planning Commissioner questioned if the lighting for Christmas tree sales is operating. There are complaints from neighbors concerning the noise of the generator. Can an electrical hookup be installed outside?There should be a condition that an electrical hookup be installed. o Applicant response: The lighting will still be there and we can arrange for an electrical hookup. • A Planning Commissioner made the statement that the dry well is point source pollution and wants a condition that the dry well be tested on a regular basis. • Martha Miller from Colorado Department of Transportation (CDOT) made the comment that she is concerned about water quality and that the parking lot wasn't there 15 years ago. She questioned if there is an access permit for the site? o Engineering Department response: The access permit is very general and it could be updated, but they do have an access permit. • Martha Miller also stated that the pavement on the east side of the applicant's property and the property has been changed without permission from CDOT. Ms. Miller was concerned that the total parking count included the pavement on CDOT's property. o Applicant response: The parking on CDOT's property has not been counted in the parking totals. CDOT has every right to take back use of the property. o A Planning Commissioner asked if CDOT could take the property back? o CDOT Response: We will wait until the Edwards Access Road expansion. • A Planning Commissioner stated that the applicant has done some things on the property that has improved the property. The Eco Trail could be better located. There is better placement for all these uses. This could 17 07/16/2013 have been a great application but by approving this, we are eliminating our ability to make this a better project. • A Planning Commissioner stated that the impaired status of the Eagle River cannot be overstated. A dry well is a direct connection to the Eagle River and is not a protection mechanism from runoff on the site. If the commercial use of the land was better we wouldn't need to be farming the property out to these different uses in the parking lot and adjacent to the river which further impacts the river corridor. We can no longer say that a special use permit can be withdrawn within a couple of years because the impact from the special use, especially in an area adjacent to the river corridor,has already taken place. • A Planning Commissioner stated that in the Eagle-Vail Commercial Area Plan, we are trying to clean up impacts to the Eagle River corridor through mitigation measures during redevelopment. The point being that 61/4 miles downstream we are looking at a special use permit to allow just what we are trying to clean up in Eagle-Vail. We should be consistent in what we're trying to accomplish. This project is an example of poor planning. • A Planning Commissioner stated that the whole plan needs a major redo and the Planning Commission needs a site visit. • The applicant would not agree to redo the project and would not reschedule the project until June to accommodate a site visit. • The applicant requested a vote on the project,but there was no longer a quorum. • The project therefore was tabled to April 17th for a vote. At the May 1,2013,hearing,the Planning Commission and Eagle County agencies made the following comments: • A Planning Commissioner stated that there are too many proposed uses and issues associated with those uses on the property. He went on to say the existing design has maximized the commercial opportunities at the expense of the environmental impacts. All the uses would adversely affect the public's health, safety, and welfare and the proposed uses do not comply with the Eagle County Comprehensive Plan or the Eagle River Watershed Plan. The final comment was that the trail alignment should be determined prior to the project being approved. • A Planning Commissioner stated that the highest and best use of this property is commercial. While the parcel was developed with challenges, the environmental concerns are overwhelming. The dry well is a direct link to possible contaminants in the Eagle River and he would prefer that the dry well be reanalyzed for water quality and runoff. This project would cause further detriment to the endangered Eagle River. A condition should be added that would eliminate the ability of the applicant to pave any closer to the river. D. BOARD OF COUNTY COMMISSIONERS' OPTIONS: 1. Approve the [SPECIAL USE PERMIT FILE NO.ZS-3521] 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 the [SPECIAL USE PERMIT FILE NO.ZS-35211 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 the [SPECIAL USE PERMIT FILE NO.ZS-35211 request if additional information is required to fully evaluate the petition. Give specific direction to the petitioner and staff. 4. Approve the [SPECIAL USE PERMIT FILE NO.ZS-3521] 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 18 07/16/2013 both the Eagle County Land Use Regulations and with the guidelines of the Eagle County Comprehensive Plan(and/or other applicable master plans). E. 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. Per the comment letter from Eagle County Engineering, should the seeding on the berm not establish,the berm shall be reseeded until such time as vegetation is established. 3. The Applicant shall work with ECO Trails to define and convey to Eagle County a fifteen (15) foot wide trail easement across the subject property for future connection of the Eagle Valley Core Trail to the Eagle River Preserve. The final trail alignment and design must accommodate and not block the driveway access to the subject property. The Property Owner shall submit a legal description for the easement and a survey accurate map to Eagle County for review and approval by September 30, 2013. 4. Per the recommendation of the Environmental Health Department,the applicant shall submit a stormwater management plan to Eagle County for review and approval which incorporates Best Management Practices (BMPs)designed to intercept site drainage for the purpose of keeping pollutants from entering the groundwater regime. 5. Per the recommendation of the Environmental Health Department,the applicant shall provide Eagle County with a report generated by a qualified professional experienced in stream bank restoration that evaluates the feasibility and cost of improving the existing deteriorated stream bank and riparian area. Implementation of a restoration plan will enable the proposed uses to occur within the 75'stream setback. 6. Per staff's observations during a site visit, should any materials be disposed of in the Eagle River corridor,the responsible party may have the Special Use approval revoked. 7. The applicant shall not pave within the environmental treatment area up to and around the dry well. DISCUSSION: Ms. Valdez presented the request. The applicant was requesting various uses and per the Eagle County Land Use Regulations, each of the uses in the Commercial General Zone required a Special Use Permit approval. A majority of the uses occurred within the 75 ft. stream setback. The applicant was requesting a variable stream setback of 10-feet. The uses were ongoing and there had been impacts to the area.The Planning Commission denied the request 3 to 1. Environmental Health would prefer to see further restoration of the Eagle River Corridor. Commissioner Ryan asked about the last condition and who would be the responsible party,the business or the applicant. Ms.Valdez stated that it would be the businesses responsibility. She would ask the applicant what his contract entailed. Terrill Knight spoke on behalf of the applicant. He believed the applicant was trying to do the right thing and was willing to follow the new regulations as they changed. The property was in the community center and conformed to the Master Plan. He spoke about the issues with the river setback. The applicant had conformed to the intent of the regulations. The applicant had graded the property, increased vegetation and built a berm. He presented photos of the property and explained the history of the site. The stream bank had been altered on both sides of the river many times over the years. There was excess parking on the site and the uses were seasonal. Commissioner Ryan asked about the number of parking spaces and whether they were owned by the applicant. 19 07/16/2013 Mr.Knight stated that the applicant had provided additional parking. He believed there were 34 more spaces onsite than the county required. The applicant was also committed to working with the county to put in a bike trail. Vail Valley Auto Sales,LLC-Mark Heinbaugh had committed to the conditions and would comply with summer and winter hours of operation. In 2011,the BoCC granted a 50-foot setback for the existing home and requested an additional special use permit for the additional existing uses. The parking summary indicated that there were 193 spaces and the county regulations required 92. The parking area includes unpaved areas as well. Commissioner Ryan wondered how many cars would fit in the unpaved area. Mr.Knight estimated 12-14. The lot was triangular shaped and the current buildings were built based on the setbacks at the time. The applicant had all the amenities and parking and requested approval of the lower restricted uses. Mark Heinbaugh spoke about his used car sales business. His business was recently approved by the state. His inventory would include premium used cars already detailed. Commissioner Ryan spoke about the importance of the maintaining the health of the river. Mr. Heinbaugh stated that he had high quality standards and none of his vehicles would leak any type of fluids. Commissioner Ryan wondered when the regulation went into place that required a special use permit for these commercial uses and why the permits were not applied for earlier and why there was so much lap time. Bob Narracci stated that for at least 14 years the operations had been a special use. Mr.Knight stated that the applicant would like to maintain the operations on the property. The property was in a community center and believed the mix of uses were appropriate for the area. Mr. Schmidt spoke about the 75' setback and how it had affected his property. It did not make sense to him and he hoped that the board would keep things simple. Chairman Fisher believed the regulations were created to protect the environment. Commissioner Ryan stated that the county was trying to protect the river. Mr. Schmidt liked the river too but his future was dependent on the approval. Commissioner Chandler-Henry stated that the board supported local business but understood the concerns with the river. Ms.Valdez summarized the request. Chairman Fisher thought that a site visit would be helpful. The board had another site visit on August 12th at 9 am. Commissioner Chandler-Henry like the idea of a site visit and thought it would be helpful to have Ellie Caryl and Toby Sprunk present as well. She was also interested in hearing from Adam Palmer as he expressed several concerns. Commissioner Ryan moved to table the file no.ZS-3521 Schmidt Special Use Permit 2011 until September 3,2013 and scheduled a site visit for Monday-August 12,2013 at 10 am. Commissioner Chandler-Henry seconded the motion. The vote was declared unanimous. 22. 1041-3084 LEDE Reservoir Enlargement Bob Narracci,Planning Ray Merry,Environmental Department Jeff Shroll: Town of Gypsum,Applicant Tim Beck: Zancanella&Associates,Representative Ramsey Kropf: Waterlaw,Representative Action: The purpose for the 1041 Permit is to allow enlargement of LEDE Reservoir. Location: In the White River National Forest on Gypsum Creek, approximately 18.5 miles south of the Town of Gypsum APPLICANT: Town of Gypsum/Jeff Shroll,Town Manager REPRESENTATIVE: Zancanella&Associates/Tim Beck REQUEST: 1041 Permit to allow enlargement of LEDE Reservoir 20 07/16/2013 1. SUMMARY LEDE Reservoir is located in the White River National Forest on Gypsum Creek, approximately 18.5 miles south of the Town of Gypsum. The existing LEDE Reservoir was originally constructed in 1931. The name 'LEDE' reflects the four families who originally decreed and historically used the reservoir; Elmer&Minne Lundgren (`L'),Ed Erickson(`E'), Charles Doll(`D'),and Mrs. EP Engstrom(`E'). The reservoir as currently constructed has a capacity of 431 acre-feet, and surface area of 24.8 acres. The reservoir is filled from in-basin runoff plus a decreed diversion and pipeline from Antones Cabin Creek. The existing spillway is an unlined, 16 foot wide, open-cut channel on the right abutment,with concrete grade control structures. The outlet works consist of an 18 inch riveted steel pipe and corrugated metal pipe below the dam, regulated by a mechanically operated gate. The estimated capacity of the existing outlet works is 30 cfs. The existing LEDE Reservoir Dam is a homogenous earth embankment dam with a rock toe drain. The dam was originally constructed to a height of 15 feet in 1931,and was raised to its present structural height of 44 feet in about 1940. The present hydraulic(jurisdictional)height of LEDE Reservoir Dam is 39 feet,the crest length is about 340 feet, and the crest width varies from 8 to 12 feet. The reservoir maximum pool elevation is 9,524 feet and has a Colorado Dam Safety Bureau hazard classification of high hazard. The existing reservoir does not have sufficient storage capacity to accommodate the Town's existing water rights or meet the Town's projected water demands for municipal, agricultural, industrial and other associated needs. The enlargement proposal is also designed to provide reliable dry-year carryover storage,help meet minimum in-stream flows on Gypsum Creek and the Eagle River and to enhance the fishery and recreational opportunity provided by the reservoir. The overall Project purpose is to provide Gypsum with a water supply of an additional 516 acre-feet of firrn yield water for use in its service area,by expanding the existing reservoir site. The Needs Analysis and preliminary Alternatives analysis clearly point to expansion of in-basin storage as the only cost-effective and practicable alternative to addressing Gypsum's water supply issues. Based on the existence of LEDE Reservoir in the basin, water rights held by the Town and potential to expand this facility to capture physically-available water,multiple alternatives were considered. The Town evaluated five alternatives prior to choosing the preferred course of action. Alternative 1 was the `No Action' alternative; Alternative 2 would repair the dam to existing storage capacity only; Alternative 3 entailed repairing the dam and increasing storage capacity to 685 acre-feet; Alternative 4 entails repairing the dam and increasing storage capacity to 947 acre-feet (this is the option that the Town is pursuing); Alternative 5 entailed repairing the dam and increasing storage capacity to 1040+/-acre-feet. The Project and associated permits are also to authorize necessary reconstructive work on the LEDE Reservoir dam and spillway to meet current safety standards mandated by the State of Colorado. The Town has requested that the USFS authorize enlargement of LEDE reservoir from its current size of 24.8 surface acres and 431 acre-feet of storage capacity to 32.2 surface acres and 947 acre-feet of storage capacity. This meets the Town's identified need for an additional 516 acre-feet of stored water supply for projected municipal growth. This 1041 Permit application by the Town of Gypsum proposes to enlarge LEDE Reservoir. Specifically, the request is to: 1) Expand the reservoir from its present size of 431 acre-feet to 947 acre-feet; 2) Modify and enlarge the existing spillway to comply with state dam safety regulations; 3) Raise the current dam face to an additional 18.7 feet to meet storage and safety freeboard requirements, and the dam crest is to be widened by a minimum of 22-feet; 4) Replace the outlet pipe due to deterioration and to meet the design requirement of reducing the water level in the reservoir by five(5) feet over five(5) days; 5) Replace the dam outlet gate and trash rack due to their age(78-years), and deterioration. 21 07/16/2013 Construction is slated to commence in late summer of 2013. 2. BACKGROUND& CHRONOLOGY 1931: Water rights decreed for LEDE Ditch and LEDE Reservoir. Original Reservoir constructed. 1940: Dam expanded to existing configuration. 2005: Town of Gypsum decreed use for recreational,aesthetic,piscatorial purposes, domestic, commercial, industrial, street cleaning/washing, fire protection, all other municipal uses,augmentation and exchange. 2007: The Town of Gypsum Public Works Department in conjunction with Zancanella and Associates has maintained and operated LEDE Reservoir and LEDE Ditch since acquiring those water rights and securing the initial special use permit for the Project in 2007. 2013: Application for this 1041 Permit received by Eagle County. 3. REFERRAL RESPONSES This 1041 Permit application was referred to the following departments and agencies with request for comment: • Eagle County Engineering Department • Eagle County Attorney's Office • Eagle County Planning Commission • Colorado State Department of Environmental Health(Air Quality and Water Quality Divisions) • Colorado Parks and Wildlife • Colorado Geological Survey • Colorado Division of Water Resources • Colorado River District • Water Conservation Board • State Historical Society • United States Forest Service • Army Corps of Engineers • Natural Resource Conservation Service • Eagle Park Reservoir Company • Eagle River Water and Sanitation District • Eagle River Watershed Council • Northwest Colorado Council of Governments As of this writing,the following responses have been received: Eagle County Engineering Department: In the attached memorandum dated June 28, 2013,the Engineering Department has offered no comments. Eagle County Planning Commission: In the attached memorandum dated July 3, 2013,the Director of Environmental Health summarized the comments of the Eagle County Planning Commission, as follows: 1) As with the approval of the Homestake Reservoir expansion,the Planning Commission suggested that Eagle County be compensated for any damage or premature wear and tear due to the added construction traffic. 2) It would be beneficial to have a conservation pool maintained to avoid seasonal fluctuations in water elevations that have previously made the reservoir unsightly and unusable at times.By maintaining a conservation pool,the USFS may consider reestablishing the camp ground. 22 07/16/2013 3) It is recommended that more information be provided regarding how private properties are affected beneath the reservoir within the inundation zone if the dam fails. 4) It is recommended that additional information be provided regarding the Project's influence on the groundwater system around the reservoir. 5) It is recommended that the applicant discuss the operation and potential improvements to the ditch that carries water from the Brush Creek basin from Antone's Creek. Colorado Geological Survey: In the attached letter dated June 27, 2013,the CGS indicated that they have no objection to the proposed 1041 permit application,as submitted. Colorado Parks and Wildlife: In the attached letter dated May 24, 2013,the CPW identified four impori,ant wildlife issues in relation to the proposed LEDE Reservoir Enlargement Project: 1) Riparian areas provide important wildlife habitats, migration corridors,breeding,nesting, fawning and calving areas. a. The habitat downstream of LEDE reservoir has been maintained by seepage from the reservoir and some bypass flow. CPW would like to see that this habitat is maintained with continued seepage and bypass flows. b. Concurrently,protecting and enhancing riparian habitat supports the Eagle River Watershed Plan developed and agreed to by many communities in the Eagle River watershed. 2) In-stream flows in Gypsum Creek below LEDE Reservoir are necessary to preserve and improve the natural environment to a reasonable degree. a. Seasonal hydrograph can be mimicked providing some peak flow periods during spring non-off to support hydrologic maintenance of the stream channel and maintain in-stream habitat for fish. b. Bypass flows can also be utilized to support CWCB's ISF (Case#5-80CW117)or peak flows when possible. 3) Fisheries and angling in the Eagle Valley are important values for residents and visitors alike. These values contribute to the quality of life important to the community, and provide a significant economical input to local businesses. LEDE Reservoir has provided popular put-and-take trout fisheries during warmer months. Gypsum Creek and the Eagle River have downstream fisheries that offer excellent angling opportunities. As well,the larger watershed is home to endangered native fishes in the Colorado River that are intrinsically important to Colorado. a. CPW would like to see that angling recreation is maintained in LEDE Reservoir,but we also believe there is opportunity to enhance the fishery and angling by providing for winter carryover of fish. This will permit fish longer residence time in the reservoir to grow after being stocked, providing a better fishing experience for anglers. Also,there may be the possibility of ice fishing that will increase recreational opportunities for anglers. b. CPW believes the expansion of LEDE Reservoir will benefit downstream fisheries. The release of water for irrigation and municipal purposes during summer and early fall will subsequently benefit fisheries in Gypsum Creek by providing water during low flow,high temperature periods.. c. CPW supports the participation of LEDE Reservoir operations in the Upper Colorado Endangered Fish Recovery Program by signing an agreement to coordinate water releases with the US Fish and Wildlife Service to help protect our downstream endangered fishes in the Colorado River. 4) Wildlife communities exist throughout the Gypsum Creek drainage. It is important to minimize impacts to their natural foraging areas and behaviors. a. Eliminate human food sources for bears and other wildlife in order to minimize human-wildlife conflicts and protect the wild foraging behavior of bears. b. Avoid introducing invasive species or disease to the Gypsum Creek drainage. CPW would like to see the Town of Gypsum take advantage of the expected flexibility in the manner of s1 orage and release of water with the LEDE Reservoir expansion project to benefit both the Town and the Gypsum Creek watershed. In the State of Colorado Fish and Wildlife Mitigation Plan submitted to the CPW, we would like to see specific mitigation activities defined,rather than generally referring to the Environmental Assessment(EA). Furthermore,to protect the Gypsum Creek watershed intrinsically,recreationally, and economically important 23 07/16/2013 wildlife and fishery resources, CPW offers the following suggestions foryour consideration and inclusion in the mitigation plan: • Maintain or improve downstream riparian habitat condition by releasing water to mimic flows native to the creek, and meet ISF or peak flows when possible. o CPW supports bypass flows (0.1 —0.3 cfs) identified in the EA during reservoir filling. However, we would like to see those minimal discharges extended to periods when other active releases are not occurring at times of the year when the stream would not otherwise be frozen(March- November). We recognize that during exceptionally dry years,little to no bypass water will be available. o CPW suggests meeting or exceeding ISF or average peak flow(3.5 cfs)during run-off when possible during average and wet years to provide downstream flushing flow and channel maintenance. Again,we recognize that exceptionally dry years may not allow for such releases. • Provide overwinter habitat for fish in the reservoir and sustain the downstream fishery. o CPW supports the development of a dead pool, at best,and the carryover of water for a conservation pool, at least. We assume that during exceptionally dry years, complete drawdown may be necessary to fulfill water demands and will eliminate carryover storage;therefore,we believe a dead pool could protect the fishery and we encourage its consideration during this construction occasion to realize the fishery and angling potential for the community. o To protect the fish downstream,we request ramping of flows(gradually accelerating and decelerating water releases)occurs if flows exceed 3.5 cfs to prevent flushing fish downstream, or conversely, stranding fish with flow stoppage. • Protect local wildlife. o Require the use of bear-proof containers for food and trash storage during construction. Also, promote the use of such containers and responsible food storage for campers and recreationalists around the reservoir. If waste receptacles are provided on-site for recreationalists,require them to also be bear-proof o Avoid the spread of Aquatic Nuisance Species and diseases(e.g., invasive animal and plant species, whirling disease, chytrid fungus, etc.)by cleaning and disinfecting construction equipment used in wet areas and allowing it to dry between watersheds. *The Town of Gypsum responded to CPW with a revised mitigation plan on June 17, 2013, and is being considered for adoption on July 11, 2013. The permit then goes to the Colorado Water Conservation Board on July 17, 2013. Eagle River Water and Sanitation District: In the attached email dated June 14,2013,the ERW&SD indicated that they have no comment on the proposed LEDE Reservoir expansion. Eagle River Watershed Council: In the attached letter dated June 28,2013,the ERWC set forth the following recommendations: 1) The application generally complies with the strategies stated in the Water Quantity section of the recently adopted 2013 Eagle River Watershed Plan(ERWP). Additional in-basin augmentation, including carryover storage to dry year conditions,will enhance stream health and aquatic habitat in Gypsum Creek; 2) The existing reservoir is being expanded,providing additional recreational opportunities as supported by the ERWP. 3) The expansion of existing in-basin storage operations to provide for local stream flow augmentation is also supported by the 2013 ERWP. 4) According to the application and Town water schedule,raw water irrigation is encouraged to reduce treatment costs and practice wise use of resources. In the future,the Town may revise service costs, as deemed necessary, to account for expanded augmentation water available through this Project. 5) The 2013 ERWP encourages all water providers to adopt a strategy whereby augmentation water must come from an in-basin source when the CWCB rights are in priority. The Town's 1999 Foundation Plan also provides a strategy to meet or exceed minimum instream flow requirements at all times in order to protect the aquatic habitat of Gypsum Creek. The application appears consistent with both strategies. 24 07/16/2013 6) We agree with the Town's suggest language about protecting Colorado Water Conservation Board/In Stream Flow rights in response to the US Army Corps of Engineers/Environmental Protection Agency request for streamflow monitoring. This approach will result in an accounting of releases from LEDE to Gypsum Creek, as suggested by the Town. 7) The applicant has implemented tiered rate structures and other conservation techniques that provide for efficient use of treated water, also in compliance with the 2013 ERWP. 8) As opportunities for new growth arise post expansion of LEDE,the Town could require further water conservation planning for new developments for efficient use of in-basin water resources. Northwest Colorado Council of Governments: In the attached memorandum dated June 18, 2013,NWCCOG set forth the following recommendations in terms of the Regional Water Quality Management Plan(the 208 Plan): 1) 208 Plan Policy No. 1,Protect and Enhance Water Quality. "The surface and ground waters of the region shall be protected to minimize degradation of existing water quality and maintain existin and designated uses of those waters; waters not currently supporting designated uses shall be restored as soon as is financially and technically feasible". The project will disturb areas for the construction of the dam and reservoir. This could lead to nonpoint sources of sediment from erosion of the disturbed areas. The applicant has proposed Best Management Practices to address this and will have a Stormwater Management Plan as part of their compliance with the Colorado Department of Public Health and Environment requirements. This Stormwater Management Plan should include provisions for post construction soil stabilization. Releases of water from the reservoir will be of the same quality as current conditions,therefore should not diminish water quality and may actually help improve stream temperatures during low flow periods. The applicant has submitted the project to the Colorado Department of Public Health and Environment for 401 Certification of compliance with water quality standards. The proposed LEDE Reservoir expansion complies with Policy No. 1. 2) 208 Plan Policy No. 2,Water Use and Development. "The project developer shall mitigate the impacts to water quality and the aquatic environment caused by water projects". The project will reduce runoff volumes in the upper reaches of Gypsum Creek during periods when it is storing water. A USFS bypass flow will improve connectivity in the stream channel during periods that the creek is currently dry. BMP's to protect the short term impacts from the construction of the reservoir are proposed. Therefore, any water quality impacts will be insignificant and the proposed project complies with Policy No. 2 3) 208 Plan Policy No. 3, Land Use and Disturbance. "Water quality, including wetlands,floodplains, shorelines and riparian areas, must be protected from land uses and development so that significcrnt degradation of water quality is prevented". The project will destroy 1.91 acres of wetlands. The applicant and the Army Corps of Engineers have proposed offsite mitigation at a 2:1 ratio. Offsite compensatory mitigation is not NWCCOG's preference, but the 1041 application indicates the site for these compensatory wetlands is nearby and is intended to replace lost wetland functions. The application is in compliance with Policy No. 3. 4) 208 Plan Policy No. 4,Domestic,Municipal,and Industrial Water and Wastewater Treatment Facilities. "Decisions to locate water supplies, wastewater treatment systems, and other water and wastewater facilities shall be made in a manner which protects water quality and the aquatic environment. Where growth and development requires the need for additional facility capacity, existing facilities should be expanded in lieu of developing new facilities, unless expansion is not feasible because of technical, legal or political reasons". 25 07/16/2013 The LEDE reservoir is an expansion of the existing reservoir on the same footprint. Growth and development associated with the reservoir expansion would occur within the Town of Gypsum. Therefore, the proposal is in compliance with Policy No. 4. 5) 208 Plan Policy No. 5, Chemical Management. "The use of pesticides,fertilizers, algaecides, road deicing and friction materials, and other chemicals which would temporarily or permanently cause a significant degradation of water quality or impair the current or designated uses of these waters should be regulated to the extent allowed by law in a manner that minimizes potential for degradation of water quality". The Stormwater Management Plan should identify appropriate handling of any chemicals associated with the construction project, such as temporary storage of diesel fuel on site. Review of this document would occur at a different stage in the planning process. Therefore,the proposed project complies with Policy No. 5. 6) 208 Plan Policy No. 6, Management System. `Management agencies are designated to best reflect their legal and jurisdictional authorities. The waters of the region shall be protected by a management agency structure within the existing governmental and regulatory framework that allows decisions to be made at the most appropriate level of control. For nonpoint source pollution control the recommended level of management is at the watershed level". Eagle County and the USFS are the designated Management Agency to oversee the potential water quality aspects of the land development aspects of the proposed LEDE project. Eagle County's 1041 Permit requirements and other measures in the Land Use Code and the USFS Special Use Permit Process will effectively minimize the risk of any water quality issues. The Town of Gypsum is the management agency for impacts associated with growth and development that stem from the increased availability of water for domestic purposes. Therefore,it is my finding that this management agency structure is adequate and provides the most appropriate framework for oversight of pollution control associated with the proposed LEDE Reservoir expansion; the proposed project complies with Policy No. 6. 4. FINDINGS AND RECOMMENDATIONS A. Pursuant to Eagle County Land Use Regulations, Section 6.04.01,Permit Application Approval Criteria for Matters of State Interest, and as more specifically described in the application materials,the following analysis is provided. The Approval Criteria is numbered and indicated in bold font. A summary response is provided with the recommendation indicated in the findings box. A Permit 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. If the Project does not comply with any one or more of these criteria,the Permit shall be denied or approved with conditions. In determining whether the Project complies with these criteria, or if conditions should be imposed,the Permit Authority may utilize the considerations in Appendix `A'. (1) Documentation that prior to site disturbance for the Project the applicant will have obtained all 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. Per the Application: A Special Use Permit has been obtained from the United States Forest Service (USFS),White River National Forest. An Environmental Assessment has been performed and a Decision Notice, as well as, a Finding of No Significant Impact has been issued. Other required permits and approvals have been ongoing for a significant period of time and are expected to be issued shortly. The permits and approvals in question have been documented in the application submittal information. Currently,the required permitting is listed below: • U.S. Forest Service Special Use Permit,Final Permit Amendment 5/15/13 26 07/16/2013 • Army Corps of Engineers Wetlands Individual Permit,Final Permit Pending • State of Colorado Dam Safety Permitting,Final Permit Obtained • State of Colorado Wildlife Mitigation Permit Application,Final Permit Pending • This Eagle County 1041 Permit,Pending Approval • Colorado Department of Public Health and Environment 401 Water Quality Certification,Final Permit Pending • Stormwater Management Permit,Final Permit Pending Staff agrees the Applicant has identified all permits necessary for this Project that must be obtained prior to site disturbance but many are still pending. It is the discretion of the Permit Authority to defer making a final decision on this permit application until outstanding permits and approvals arc obtained. Permits that provide supporting documentation for approval criteria allow the Eagle County Permit Authority evaluate the adequacy of proposed mitigation so significant impacts can be avoided. (2) The Project will not impair property rights held by others. Per the application: The USFS owns the property upon which the historic LEDE Reservoir is located. The proposed enlarged reservoir is at the same site. Property rights have been addressed by obtaining the Special Use Permit from the USFS. Staff agrees. (3) The Project is consistent with relevant provisions of applicable land use and water quality plans. Per the application: The Project is merely an enlargement of an existing use and is consistent with the relevant provisions of applicable land use and water quality plans. The Project does not require a change in the existing land use, and does not conflict with the Eagle County Comprehensive Plan. In addition,the Project will implement specific Best Management Practices to protect local water quality in Gypsum Creek during construction,which are noted in the USFS Final Decision Notice and FONSI. It is expected that between the required mitigation and Best Management Practices(BMP's), that the Northwest Colorado Council of Government's relevant Water Quality Protection Standards will be met. Pursuant to the goals of the NWCCOG 208 Plan,the project is not expected to increase nutrient loads or sediment discharge. In fact,the enlargement project should improve instrearn flow protection,due to the bypass requirements and the expected reservoir releases during low flow periods. BMP's will also protect against sediment loading during the construction process. The contractor will be required to provide various BMP plans to Gypsum not less than seven days prior to site mobilization. Gypsum's engineers and involved state agencies will monitor under the permitting requirements, including required inspections and logging of inspections. Any changes to BMP's are generally required to be made to the project map that will be on site. Staff agrees. 27 07/16/2013 (4) The applicant has the necessary expertise and financial capability to develop and operate the Project consistent with all requirements and conditions. Per the application: The Town of Gypsum has the financial capability and financing in place, and has hired appropriate expertise to design, develop, finance and operate the Project. The total estimate for the LEDE Reservoir and LEDE Ditch work is$5,017,900.00, with$933,001 expended toward the permitting and initial ditch repair work as of August 2012. The Town is relying on the following funding sources: • Loan from CWCB in the amount of$2,690,100.00 • CWCB Grant of$225,000.00 • Specifically reserved water right dedication fees of$1,065,177.00. • Additional reserves over$1,200,000.00. • Budgeted funds for the Project from the Town's 2013 budget for$536,433.00. • Anticipated water rights dedication fees for approved developments of approximately$7.4 M. The Town of Gypsum Public Works Department in conjunction with Zancanella and Associates has maintained and operated LEDE Reservoir and LEDE Ditch since acquiring those water rights and securing the initial special use permit for the Project in 2007. The Town has an in-house licensed engineering staff within its Public Works Department, in addition to long-time engineering consultants. Zancanella&Associates is the lead engineer for the LEDE Reservoir expansion. HP Geotech, Inc. provided geotechnical engineering services. Environmental Solutions, Inc.performed the environmental studies and wetlands permitting the Project,and W.W. Wheeler&Associates assisted in the design and analysis of the dam structure. Metcalf Archaeological Consultants, Inc.provided a Cultural Resources Inventory, and J&K, Inc.provided the surveying for the Project. Patrick,Miller, Kropf,Noto,P.C. is the legal consultant. The Town of Gypsum also operates other water projects including: • All pond storage at the Town of Gypsum Golf Course • Water Treatment Plants at two locations • Over six million gallons of treated water storage for the Town of Gypsum • Water storage oversight for 60 acre-feet at Buckhom Valley. Staff agrees. (5) The Project is technically and financially feasible. Per the application: The Project is technically and financially feasible. The Project has been designed, costs estimated, and financing is committed and in place. From a technical review perspective,the Colorado State Engineer's Office,under the Colorado Dam Safety Branch has jurisdiction over the engineering review for this Project. Final design and construction contracting documents are before the final review by the Colorado Dam Safety Branch. Staff agrees. (6) The Project is not subject to significant risk from natural hazards. Per the application: There are no significant risks from natural hazards at the LEDE Reservoir site. The Project has been evaluated via geological and geotechnical studies which have also been reviewed and approved by the Colorado Dam Safety Branch. Once complete,the engineering reviews indicate 28 07/16/2013 that there is no significant risk from natural hazards such as snow slides or wildfires. The existing Project dam has been unaffected by natural hazards since construction in approximately 1931. Staff agrees. (7) The Project will not have a significant adverse effect on land use patterns. Per the application: Land use patterns do not change under this Project, and there is no risk of significant adverse effects. The land use patterns for the area have already been established by the existing reservoir, and further down-gradient on Gypsum Creek for agricultural uses. This Project does not involve a change in proposed use at the site for land use, and therefore is considered consistent with the planned use for the area. In addition,the reservoir enlargement is being undertaken in part to better provide a safe water storage condition under State standards,review and approval. Staff agrees. (8) The Project will not have a significant adverse effect on the capability of local governments affected by the Project to provide services,or exceed the capacity of service delivery systems. Per the application: The Project is expected to have a positive effect for the Town of Gypsum to better deliver water service to its expected future population,while maximizing existing water rights in its portfolio, and providing better protection for instream flows in Gypsum Creek. The LEDE Reservoir is designed to improve the irrigation and domestic water service capability in the Gypsum Creek.Valley. The additional water storage supply will be integrated into Gypsum's management of all water supplies for its population. Thus,no significant adverse effects upon local government or on Gypsum's water service capacity are expected. Staff agrees. (9) The Project will not create an undue financial burden on existing or future residents of the County. Per the application: Over the last ten years Gypsum has doubled in population within an estimated 7.5 square miles. Additionally,projected growth expected from already approved development projects either underway or expected to start soon will add another 6,000 people to Gypsum's population over the next 10 to 15 years. Gypsum's municipal code already provides that new growth must `pay its own way' for water rights and water service. Therefore, funds already received and/or required from existing approved developments have been set aside in part to fund this project. Gypsum performed extensive needs analysis for expanding the LEDE Reservoir for the Colorado Water Conservation Board(CWCB)in order to secure its loan for the Project. In addition,during the USFS and Army Corps of Engineer's reviews, a Needs and Alternatives Analysis was performed. These assessments provided background demographic data that supports the Town's estimated growth and water needs for at least 50 years into the future. Finally, as noted previously,the Town has 29 07/16/2013 demonstrated existing funding for the Project, so that it is not expected to put any undue burden on future County residents. Staff agrees. (10) The Project will not significantly degrade any current or foreseeable future sector of the local economy. Per the application: The Project is expected to upgrade,not degrade,the local economy by providing additional water supply options for the areas downstream. In addition,the Project will provide immediate employment in the area, and water supplies required for Gypsum's long term growth in Eagle County. It does not displace any existing economic sectors and should add to Gypsum's and Eagle County's recreational draw,in addition to upgrading the existing water storage. Staff agrees. (11) The Project will not have a significant adverse effect on the quality or quantity of recreational opportunities and experience. Per the application: Present and potential recreational uses have not been quantified,but are not anticipated to change dramatically. This is because there is a current reservoir at the site. In addition, while the LEDE Reservoir expansion will significantly increase the amount of water stored,there is not a similar impact on the surface area. Rather,the surface area is to be expanded only 7.4 acres around the perimeter of the existing reservoir, due to the additional storage gained mostly by increasing the reservoir depth. The Project should improve recreational opportunities as there will be more water storage and thus more water will remain in the reservoir for longer periods of time, which is expected to improve the fishing opportunities at the reservoir site. Staff generally agrees. Issues were raised by Colorado Parks and Wildlife so staff recommends additional evidence be provided by the applicant to support this approval criterion. The State of Colorado Wildlife Mitigation Permit application was filed on June 17, 2013, and is being considered for adoption on July 11, 2013. The permit then goes to the Colorado Water Conservation Board on July 17, 2013. (12) The planning,design and operation of the Project shall reflect principals of resource conservation, energy efficiency and recycling or reuse. Per the application: The Project will allow more efficient use of the water resources available to the Town of Gypsum due to additional storage and scheduling options. The water will be delivered by gravity flow in an existing waterway; therefore additional energy requirements are not expected. 30 07/16/2013 Resource Conservation during construction will be implemented by the Town. The Town expects to use on-site material for the vast majority of the construction of the new dam embankment. This will reduce the need for transporting material, and reuses the material contained in the existing darn embankment. Approximately half of the cleared and grubbed vegetative materials are expected to be reused during reclamation activities to provide additional habitat areas for small mammals. Conservation Techniques will be implemented by the Town during operation. Gypsum has already implemented significant water conservation measures in its existing code and tiered-use water rates. Gypsum expects additional future demand reduction may be achieved through these water conservation measures, and the Town Code and water rates encourage conservation by escalating fee structures. In particular,the Gypsum Municipal Code, Sections 13.04.350, 13.04.360 include specific water conservation provisions, and Section 13.04.070 is a tiered-rate structure so that water service charges increase with additional use. Further,Gypsum has incentives for new development which provides economic incentives for development to use local raw water supplies rather than public potable supplies for irrigation use; Section 13.08.060. Additional efforts to promote maintaining or exceeding minimum in-stream flows are part of Gypsum's 1999 Foundation Plan. Staff generally agrees and recommends the applicant provide additional evidence to support this approval criterion. Specifically, to explain in greater detail the Town of Gypsum's conservation approaches toward raw water conservation, i.e. how programs are structured and implemented to accomplish conservation of water resources. (13) The Project will not significantly degrade air quality. Per the application: The Project will have no effect on air quality, except for a short time during construction. The Project is located in Area 12 of the Colorado Particulate Matter 10 PSD Baseline Area. There are no Federal Class I or II areas near the Project area. The finished product will be an enlargement to the existing reservoir and is anticipated to have no effect on the airshed or seasonal patterns of air circulation or micro-climates. During construction dust will be minimized with water applied to disturbed areas as needed and idling of construction equipment will be minimized. The net effect from construction of this Project will be negligible on air quality under both average and worst case conditions. The operations of the reservoir,post construction, will have no change on current air quality. Gypsum's engineers and involved state agencies will monitor under the permitting requirements, including required inspections and logging of inspections. Any changes to BMP's are generally required to be made to the Project map that will be on site. Staff agrees. (14) The Project will not significantly degrade existing visual quality. Per the application: The Project will look quite similar to the existing dam and reservoir, as the increase in areal coverage is modest. Staff agrees. 31 07/16/2013 (15) The Project will not significantly degrade surface water quality. Per the application: The LEDE Reservoir expansion Project is being managed so that the expansion activities will not significantly degrade surface water quality, and surface water quality will not be degraded over the long term. The location of the Project is in the upper reaches of Gypsum Creek (portion of Eagle River Segment 10a)per the 2012 Eagle River Water Quality Management Plan; the upstream reach of Gypsum Creek has water of suitable quality for all uses. The Project will improve flows from Gypsum Creek and the stream's health. There are no off-site discharges to surface water related to the Project. All construction activity discharge will be conducted in accordance with the Colorado Department of Health and Environment Stormwater Associated Construction Activities Permit(SWMP). Stormwater BMP's to be implemented will likely includes but are not limited to: the installation of engineering controls such as silt fencing or straw bale checks to minimize the transport of sediment and control erosion; revegetation of all bare soil areas exposed during construction,unless the disturbed area is intended as a driving surface; weekly inspections; and the proper management of all petroleum products or other potentially hazardous materials used during construction. The contractor will be required to provide various BMP plans to Gypsum not less than seven days prior to site mobilization. Gypsum's engineers and involved state agencies will monitor under the permitting requirements, including required inspections and logging of inspections. Any changes to BMP's generally are required to be made to the Project map that is required to be on site. Finally,the USFS Notice of Decision requires specific mitigation including implementing a bypass flow during spring runoff when the reservoir is filling in the amount of 0.1 to 0.3 cfs, with exact amount dependent on the water-year. This will keep water in the intermittent section of the Gypsum Creek channel when it has historically dried up. Enlargement will also allow for late summer and fall releases to Gypsum Creek which are not possible under current storage quantity limitations. Other operational activities, including fish stocking and dry-year carryover storage, will serve to compensate for and further reduce environmental effects of the enlargement on the Gypsum Creek stream channel. Staff agrees as the Project requires a Construction Stormwater Discharge Permit and Storm Water Management Plan. However, compliance with this Permit and SWMP is the responsibility of a contractor who is yet to be selected. Town of Gypsum engineers will be tasked to oversee implementation of the SWMP to assure Permit compliance. (16) The Project will not significantly degrade groundwater quality. Per the application: No wells are to be drilled and no other aspect of the Project is expected to impact groundwater quality. Staff agrees. (17) The Project will not significantly degrade wetlands,and riparian areas. Per the application: The Proposed Action includes off-site mitigation of wetlands restoration,to account for 1.91 acres of potential wetland effects (the majority of the 1.91 acres is inundation or `wet'). According to the functional assessment methodology employed by US Army Corps of Engineers,the proposed mitigation measures are expected to greatly improve the functional condition of the restored area, and may exceed the goal of no net loss of wetlands on the White River National Forest. The cumulative effects of the Proposed Action are therefore expected to result in a net benefit 32 07/16/2013 to wetland function in the watershed context. Gypsum has a pending wetlands permit application under consideration by the US Army Corps of Engineers,which implements a wetlands restoration project in Eagle County being spearheaded by the USFS. Thus the Proposed Action will include off-site wetlands mitigation in Eagle County, including stream channel restoration and wetlands restoration that would fully replace the food chain,water quality and wildlife habitat functions of the wetlands impacted by the reservoir enlargement. The wetlands mitigation plan includes off-site stream channel re-construction and re-establishment of emergent and shrub-scrub vegetation adjacent to the stream channel. Based on this plan,the USFS issued its Decision of Notice and FONSI,which determines that the Project will not significantly degrade wetlands and riparian areas on an overall basis in Eagle County. The Army Corps of Engineers is working closely with the Town of Gypsum to finalize wetlands permitting and the mitigation described. The Applicant has requested that this 1041 Permit be authorized with a condition that the final Army Corps wetlands permit must be submitted to Eagle County prior to the final 1041 Permit issuance. Staff generally agrees. The Army Corps of Engineers 404 Permit and CDPHE, WQCD 401 Certification have not yet been secured for this Project so it is difficult to come to a conclusion about the adequacy of the mitigation plan. Staff recommends additional evidence be provided by the applicant that details the mitigation plan to support this approval criterion and/or defer making a determination until the 404 Permit and 401 Certification have been issued. (18) The Project will not significantly degrade terrestrial or aquatic animal life or its habitats. Per the application: The Environmental Assessment for the Project has made a finding of no significant impact(FONSI) on the environment after an extensive review of all terrestrial and aquatic animal life and related habitat. In addition,the Town of Gypsum submitted a related permit application to the Colorado Parks and Wildlife for appropriate permitting. The Town has received comments from the Colorado Parks and Wildlife and is in process of providing additional information requested, and will update Eagle County as the permitting proceeds. The Town expects this permitting to be completed prior to the 1041 Permit hearing. The Applicant has also provided appropriate mitigation for the existing endangered fish species in the Lower Colorado River Basin,by the Town of Gypsum entering into a Recovery Agreement with the US Fish&Wildlife Service as required under the management of those species. This allows this Project to be within the umbrella Recovery Plan that is managed by the US Fish&Wildlife Service. Staff generally agrees. Issues were raised by Colorado Parks and Wildlife but negotiations continue to resolve the issues so CPW can issue their Mitigation Permit. Staff recommends additional evidence be provided to support this approval criterion and/or defer making a determination until the Wildlife Mitigation Permit is available. The State of Colorado Wildlife Mitigation Permit application was filed on June 17, 2013, and is being considered for adoption on July 11, 2013. The permit then goes to the Colorado Water Conservation Board on July 17, 2013. (19) The Project will not significantly deteriorate terrestrial plant life or plant habitat. Per the application: Similar to the above determination for animal life,the USFS Decision Notice and FONSI made a finding of no significant impact on terrestrial plant life or plant habitat if all mitigation 33 07/16/2013 requirements are met. In particular,no endangered or threatened species were identified on the site; there is no evidence of any fens or Harrington Penstemon in the involved area. Staff agrees. (20) The Project will not significantly deteriorate soils and geologic conditions. Per the application: After construction,the Project is not expected to significantly deteriorate soils or geologic conditions due to the relatively minor increases in areas covered by the proposed dam and reservoir. Soils, Geologic Conditions and Natural Hazards—Geotechnical and Geological investigations were performed at the reservoir site by HP Geotech. The reports were reviewed and approved by the Colorado Department of Natural Resources, Dam Safety Branch in its review during the permitting process. The final State permit will include this information to approve the final and appropriate design criteria for the storage structure. Staff agrees. (21) The Project will not cause a nuisance. Per the application: During construction,the on-site equipment and activity will be managed to ensure safety and lack of access to hazardous conditions. Once the LEDE Reservoir expansion is complete, it will be a reservoir,with inherent risks of a water body. The design for Dam Safety includes features to ensure safe access to the water. Staff agrees. (22) The Project will not significantly degrade areas of paleontological,historic,or archaeological importance. Per the application: No significant paleontological,historic, or archaeological sites were found during the Cultural Resource Inventory performed in the Environmental Assessment process with the USFS. The Colorado Historic Preservation Office signed an approval on this inventory that was acceptable to the USFS in issuing its Decision of Notice and FONSI. Staff agrees. (23) The Project will not result in unreasonable risk of releases of hazardous materials. Per the application: No hazardous materials are expected to be used on site, with the exception of fuel and lubricants for equipment during the construction phase. It is anticipated that the only hazardous material to be stored on site is fuel for construction equipment. The amount of fuel onsite will vary and depend on the amount of construction equipment onsite as well as the phase. Fuel storage will be in accordance with the Stormwater Management Plan BMP's. 34 07/16/2013 Staff agrees. The Stormwater Management Plan (SWMP) includes provisions for the control of a hazardous material release. It is noted that the responsibility to obtain the Construction Stormwater Discharge Permit and implement the Storm Water Management Plan is that of the contractor who is yet to be selected. Town of Gypsum engineers will be tasked to oversee implementation of the SWMP to assure Permit compliance. (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. Per the application: No significant loss of any agricultural,recreational, grazing, commercial or industrial resources is anticipated. The benefits of additional water available and the additional options for water scheduling outweigh any associated losses. Again,the change to the surface acres with water inundation is limited to 7.4 acres at the site of the existing reservoir on USFS property: The T'own's specifications include monitoring requirements and on-site logging and project map to ensure BMP's are being enforced. The Project will actually improve benefits to the county and its citizens through increased recreation opportunity, as well as, irrigation water for agriculture purposes. Staff agrees. B. 6.04.02 Additional Criteria Applicable to Municipal and Industrial Water Projects. In addition to the general criteria set forth in section 6.04.01,the following additional criteria apply to municipal and industrial water projects: (1) The Project shall emphasize the most efficient use of water,including the recycling,reuse and conservation of water. Per the application: The Project will provide additional options to allow more efficient scheduling of water for irrigation and Town uses thus making the most efficient use available water supplies. The Town has previously enacted conservation and billing practices that require and encourage the efficient use of water. Gypsum has significant water conservation measures in its existing code and tiered-use water rates. Gypsum expects additional future demand reduction may be achieved through these water conservation measures, and the Town Code and water rates encourage conservation by escalating fee structures. The Gypsum Municipal Code includes specific water conservation provisions and a tiered- rate structure so that water service charges increase with additional use. Further, Gypsum has incentives for new development which provides economic incentives for development to use local raw water supplies rather than public potable supplies for irrigation use. Staff generally agrees and recommends the applicant provide additional evidence to support this approval criterion. Specifically, to explain in greater detail the Town of Gypsum's conservation approaches toward raw water conservation, i.e. how programs are structured and implemented to accomplish conservation of water resources. 35 07/16/2013 (2) The Project will not result in excess capacity in existing water or wastewater treatment services or create duplicate services. Per the application: The Project will not result in excess capacity or duplicate services for either water or wastewater. Water stored in the reservoir has already been released and used in drought years and during certain times of the year when other existing water rights are not sufficient. The Town has analyzed various alternatives and made a population analysis that supports the Project for water service. No additional wastewater services are required. Staff agrees. (3) The Project shall be necessary to meet community development and population demands in the areas to be served by the Project. Per the application: The Project is necessary to meet the expected population demands of the Town of Gypsum and the Project is based upon responsible planning for expected growth in population and the attendant water demand for such growth. Staff agrees. (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. Per the application: As this type of development is not proposed as part of a project,this is not an issue. The LEDE Reservoir expansion is entirely a raw water storage Project. Staff agrees that this criterion is not applicable. C. Special Use Permit Waiver: In accordance with Chapter II,Article 3, Section 3.310.I.2, Waiver Provision, of the Eagle County Land Use Regulations,the Special Review Use Permit application for water and sewer projects may be waived in whole or in part by the Board of County Commissioners upon a written petition by the applicant showing that: 3.310.2.a. A permit application pursuant to Chapter 6, Sections one through five of the Eagle County Guidelines and Regulations for Matters of State Interest has been submitted to the Eagle County Permit Authority relative to this land use which would be the subject of a special use permit application. 36 07/16/2013 3.310.2.b. Compliance with the Special Use Review Permit requirements would be unreasonably burdensome for the applicant. The applicant has requested a waiver of the Special Use Review Permit requirements as such application would be redundant with this 1041 Permit process and would serve no further legitimate planning, zoning or other land use objective. D. Recommended Motion: It is the discretion of the Permit Authority to defer making a final decision on this permit application until outstanding permits and approvals are obtained. It is the county's common practice to have all necessary permits in place prior to approving 1041 Permits, especially those permits that provide supporting documentation for approval criteria to know that adequate mitigation of significant impacts can be achieved. It remains the Permit Authority's discretion to use whatever evidence is provided during the 1041 Permit hearing to make positive findings for all approval criteria. I move that the Eagle County Permit Authority APPROVE File No. 1041-3084,waiving the requirement for Special Use Review Permit and incorporating the following conditions: 1) That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and all public meetings shall be adhered to and considered conditions of approval,unless otherwise amended by other conditions. 2) The Army Corps of Engineers 404 Permit and mitigation plan will be submitted to Eagle County. Annual reports on mitigation success will be submitted by December 31st of each year until a 1:1 replacement of functional wetlands is achieved. DISCUSSION: Ray Merry provided a general overview of the 1041 permitting process. Mr.Narracci presented the request. The proposal would expand the existing LEDE Reservoir Dam. The reservoir was located in the White River National Forest on Gypsum Creek. The reservoir was constructed in 1931 and raised 44 feet in 1940. The Planning Commission findings were positive. He presented the referral responses. Expansion of the reservoir would expand the reservoir,modify the existing spillway to comply with state:Dam Safety Regulations,increase storage, and replace a dam outlet gate. He presented the 2 proposed conditions. Ramsey Kropf,Attorney for the Town of Gypsum spoke explained the town's mission and made a plug for Gypsum Daze. She provided a photo of the dam and reservoir. Gypsum owned the water rights and operated pursuant a special use permit with some conditions. The project would ensure dry-year carryover storage, protect the towns existing water rights,provide water supply for expected municipal growth, and help meet minimum in- stream flows, enhance fishery and recreational opportunities and meet Colorado Dam Safety Regulations. The request would expand the reservoir from 431-acre feet to 947-acre feet to modify and enlarge the existing spillway and raise the current dam height to an additional 18.7 feet to meet the storage and safety requirements. The outlet pipe was 70 years old and would be replaced as well. Construction was slated for this summer. The town purchased the water rights in 2006 and had maintained and operated the reservoir since them. She reviewed the road concerns expressed by the Planning Commission. The town requested that the board not require a charge . by the county to the town of Gypsum for road wear and tear. Chairman Fisher suggested that there be an agreement between both parties before the project began so once complete, if there were improvements required an agreement would be in place. Ms. Kropf spoke about the Conservation Pool proposed by the town of Gypsum and the comments made by the Planning Commission. The main goal was to have carry-over storage every year. The town supported a future campground. /,'-',„,-,- , ". Jeff Shroll explained the Gypsum population prjectic . The reservoir would be for future growth and better protect Gypsum Creek. :, 4 `� }� . ,,Ms.Kropf reviewed some additional informatrii regpdie high hazard dam category. The closest property was 3.5 miles downstream. They had an emergency-act" plan in place. Expansion was on the same footprint as the existing reservoir and they did not expect a change in groundwater. 37 07/16/2013 Tim Beck explained that the dam basin would be relined and re-compacted. Mr. Merry stated that the Planning Commission's role in 1041 as a referral agent was to help the board provide some evidence towards the approval criteria relative to land us patterns. Ms. Kropf stated that the Town of Gypsum responded to Colorado Parks and Wildlife(CPW)by revising a mitigation plan on June 17,2013. They expected that the Colorado Water Conservation Board would approve the plan soon. She spoke about the specific mitigation activities recently adopted by CPW. Chairman Fisher asked if there was a way to launch a boat on the reservoir. Mr. Shroll stated that there were no ramps and motorized vehicles were not permitted. Chairman Fisher wondered about the zebra mussel problem. Ms.Kropf stated that any construction equipment used in wet areas elsewhere would be disinfected and dried before use. Commissioner Chandler-Henry asked if the mitigation activities were part of the 1041 application. Mr.Merry stated that the staff report, draft mitigation plan,and PowerPoint would be included as exhibits. Ms.Kropf reviewed the findings and recommendations. The applicant was requesting approval of the project conditioned on securing all the final permits. Mr. Merry stated that there was information provided by staff and information in the application that supported the approval criteria. The key was to review those with a plus/minus so that the record was built to support the approval criteria. Ms.Kropf requested an approval with conditions so they could move forward with construction. Commissioner Fisher reviewed the findings.The presentation with a list of the permits still outstanding was a part of the record. Mr.Merry believed it was important that the board review the findings and recommended that there be as much information on the record as possible. It was also important for the board to agree with the recommendations of the Army Corps of Engineers 404 Permit and mitigation plan. Chairman Fisher opened and closed public comment, as there was none. Commissioner Chandler-Henry wondered what population this would support in the future. Ms. Kropf stated that just the storage alone would support about 60 days of Gypsum's needs at a larger population of approx. 30,000. Commissioner Chandler-Henry believed that Gypsum's approach to raw water was progressive. She asked about the agricultural lands and if converted to development,whether the water rights would go into Gypsum's portfolio. Ms. Kropf stated that it did and any new developments would be required to pay their way. Chairman Fisher wondered if there was a way to use raw water for outdoor watering in certain areas of Gypsum. Mr. Shroll believed there may be some opportunities for some areas but most of the multifamily subdivisions used raw water. Commissioner Ryan noted that the Planning Commission supported the application. Commissioner Chandler-Henry moved to approve the file no. 1041-3084 LEDE Reservoir Enlargement with conditions. Commissioner Ryan seconded the motion. The vote was declared unanimous. There being no further business before the Board,the meeting was adjourned until July 23, 2013. Attest:' - • A Clerk to the Boa d * Chairman 38 07/16/2013