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HomeMy WebLinkAboutR16-078 Sylvan Lake Circle Project Approval File Number 1041-6373 Commissioner moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO o RESOLUTION NO. 2016- 01 0 RESOLUTION FOR APPROVAL OF A 1041 PERMIT AMENDMENT ALLOWING MAJOR EXTENSION OF A SEWER LINE TO THE SYLVAN LAKE CIRCLE PROJECT LOCATED WITHIN THE TOWN OF EAGLE ON THE SOUTHWEST QUADRANT OF SYLVAN LAKE ROAD AND HIGHWAY 6. (fka: the EWING PARCEL) File Number 1041-6373 WHEREAS, in July 2016, the Town of Eagle submitted to the Eagle County Department of Community Development the "Application" for approval of an Amended 1041 Permit for the extension of an existing Town of Eagle wastewater treatment system across the Green A cres Mobile Home Park parcel to serve the Sylvan Lake Circle property. WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on December 9, 2008 and approved the original 1041 Permit Application(Eagle County File No. 1041-1547/West Eagle Addition Ewing Parcel); which is proposed to be amended; and WHEREAS, the purpose of this requested 1041 Permit Amendment is twofold: 1) The point where the sewer main crosses Brush Creek is now proposed to be moved to a location to the east of the formerly approved crossing location. This is being proposed because the area where the crossing was identified back in 2008, now has naturally rejuvenated riparian and wetland characteristics that did not exist in 2008. As such, an alternate crossing location was identified where the existing riparian and wetland characteristics are not as defined, resulting in reduced impacts. The proposed sewer main extension will not create any permanent impacts to the wetlands or riparian habitat of Brush Creek. The proposed sewer line would temporarily impact 1,414 square feet of wetlands north of Brush Creek, within the Town of Eagle. These impacts will be restored in place. A four square foot impact to the palustrine emergent persistent wetland on the south side of Brush Creek in unincorporated Eagle County will be restored by replacing the salvaged palustrine emergent •ersistent wetland By: 4(4�ASa 1 Ea.le County Attorney's Office By: Eagle aunty Commissioners' Office sod. The substrate excavated from the bottom of Brush Creek in the area of the temporary aquatic impact will be replaced following pipeline installation and the streambed will be returned to its approximate original elevation. Additionally, a riparian mitigation site will be created to comply with the intent of Conditions 2 and 3 of the 2008 1041 Permit approval. The goal is to reestablish the riparian habitat that has been eliminated within the easement area on the south side of Brush Creek. Alternatively, an equivalent riparian habitat creation area will be established on the north side of Brush Creek if an agreement is not reached with the Mobile Home Park owner to complete the riparian mitigation work within the existing easement area. The proposed sewer main crossing was selected to minimize the temporary impacts to wetlands and the aquatic habitat of Brush Creek. In designing the crossing, several alternative sewer alignments were evaluated. The proposed sewer line alignment crosses the stream bank in a narrow area between two lobes of wetland that extend north from the channel. The preferred sewer alignment minimizes the temporary impacts to wetlands while meeting the requirements of the Town of Eagle to provide sufficient soil cover on top of the sewer line. Where the sewer line crosses Brush Creek, a trench box will be used to minimize the width of the trench to 20 feet and hence the area of disturbance to the streambed. Best management practices will be utilized to minimize siltation into Brush Creek, including the use of silt fencing, erosion logs, and other procedures outlined in Eagle County's Erosion Control Standards. Fixed-axle storage tanks with bag filtration units would be used to remove suspended sediments from water encountered during excavation before it would be returned to the creek. Pumps will also be used to convey water from the cofferdam back into Brush Creek downstream of the work area to maintain the stream flow. The duration of construction crossing Brush Creek is expected to take about ten, days and will be timed to avoid trout spawning. The Sylvan Lake Circle Project has been approved by the Town of Eagle under the Major Development Permit process and is consistent with land use provisions within the Town of Eagle. The Project is in compliance with the Town standards for water quality. The Colorado Discharge Permit System, Stormwater Discharges Associated with Construction Activity Permit, and the Stormwater Management/Best Management Practices Plan will ensure that the sediment control measures for both the temporary construction impacts and for the permanent completed project will be in place to prevent sediment from leaving the site and will result in protecting surface water quality. A draft Riparian Management Plan for the open space easement has been prepared for the Town of Eagle by Western Ecological Resource, Inc. and has been included as part of the application. The Town will prepare the final Riparian Management Plan following acquisition of the open space parcel that was created as part of the development review process. The open space parcel parallels Brush Creek and encompasses the riparian and wetland areas. The Riparian Management Plan will reflect the Town's desire to protect 2 and enhance stream health while allowing public access for recreational uses at focused points between trail systems and streams. 2) The number of dwelling units approved by the Town within the Project has now increased to 42 residential townhomes. WHEREAS, the Community Development Director has evaluated the Application. Based upon detailed information provided by the applicant, the Director has determined that a Finding of No Significant Impact IS APPROPRIATE in this instance for the following reasons: 1) No mitigation, above and beyond what was contemplated with the original 1041 Permit approval will be required. 2) Significant adverse impacts to the County are unlikely; 3) The proposed 1041 Permit Amendment satisfies the applicable Permit Application Approval Criteria as delineated in Section 6.04 of the Eagle County Land Use Regulations. 4) The original conditions of approval are still applicable, and will be satisfied. WHEREAS, Legal Notice was provided of the Community Development Director's determination that a Finding of No Significant Impact(FONSI) IS APPROPRIATE pursuant to Chapter VI, Eagle County Land Use Regulations, Guidelines and Regulations for Areas and Activities of State Interest, Section 6.03.03.(1) of the Eagle County Land Use Regulations. WHEREAS, following the fourteen(14) day legal notice call-up period, no comment has been received, nor has the Application been called-up. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO ACTING AS THE EAGLE COUNTY PERMIT AUTHORITY: THAT,the Board of County Commissioners hereby directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT,the Amended 1041 Permit for Major Extension of Existing Water and Sewage treatment Systems and for Efficient Utilization of a Municipal Water Project be and is hereby granted subject to the following condition of approval: 1. That except as otherwise modified by the Permit, all material representations of the Applicant in this permit application, correspondence, and all public meetings shall be adhered to and considered conditions of approval,unless otherwise amended by other conditions. 2. That the re-establishment of the riparian zone located on the southern side of the project area within the deeded easement [Eagle County] shall be constructed to meet the minimum standards outlined in the proposed revegetation/mitigation plan outlined in the applicant proposal. 3 3. That if work within the deeded easement can not be negotiated within the currelnt easement agreement, an alternate site on Brush Creek shall be chosen and this equivalent riparian mitigation work shall meet the minimum standards outlined in the proposed revegetation/mitigation plan as prepared by Western Ecological Resources for the North side of the project area contained in the applicant proposal. THAT, the Board of County Commissioners hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County.. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this Ott, 4 , 2016. COUNTY OF EAGLE, STATE OF oft COLORADO, By and Through Its i� ; BOARD OF COUNTY COMMISSIONERS ATTEST: C 1(.44- ^I . J i 1"" (IL-1 4.40'1011.° m Clerk to theBdard of J nne McQueeney County Co issioner ai v '1'. l_._ • ter` A ALA. Ryan .0 ,,„ iss'+ner /� Kathy hi& er- enry Commissioner BLoCommissioner 344.0 _ D t - seconded cned adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner McQueeney Ain Commissioner Ryan va-r• Commissioner Chandler-Henry ,4..N is This resolution passed by V vote of the Board of County Commissioners of the County of Eagle, State of Colorado 4