HomeMy WebLinkAboutR96-127 permit to construct extensions fo upper eagle consolidated sanitation districtCommissioner _ moved adoption
of he following Resolution:
~~n BOARD OF COUNTY COI~SISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
~~
RESOLUTION NO. 96 - ~~
APPROVAL OF PERMIT TO CONSTRUCT EXTENSIONS TO THE
UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT WASTEWATER
COLLECTION SYSTEM AND THE UPPER EAGLE REGIONAL WATER AUTHORITY
SYSTEM TO SERVE ST. CLARE OF ASSISI PARISH
File Number 1041-040-96
/6 ,v-
WHEREAS, THE ARCHDIOCESE OF DENVER, ST CLARE OF ASSISI
PARISH, (hereinafter "Applicant"), submitted to the Eagle County
Department of Community Development an application to extend the
existing water & wastewater collection facilities to serve the
,,~9.~,` St. Clare of Assisi Parish; and
~`~.,``:, WHEREAS, the Eagle and Colorado Valley Planning Commission
conducted a public hearing on September 3, 1996, after publica-
tion and notice as required by law, to consider Applicant's
request to conduct the following activities of state interest:
6.04: Major extensions of existing water supply & sewage
collection systems.
6.05: Efficient utilization of municipal and industrial water
projects.
Ca
WHEREAS, the Board of County Commissioners ("the Board"), in t
its capacity as the Eagle County Permit Authority, conducted a
public hearing on September 17, 1996, to consider the Applica- ~"
tion; and
WHEREAS, the Board, acting as the Permit Authority, has
considered all the evidence, exhibits and arguments presented at
and prior to the hearings.
WHEREFORE, based on the evidence presented, the Permit
Authority makes the following findings with regard to the Appli-
cation as it pertains to Section 6.04.15 and 6.05.15 of the ,_.
County Land Use Regulations: ~
602474 B-706 P-491 09/26/1996 03:15P PG 1 OF lU REC DUC N~~'
Sara J. Fisher Eagle County Clerk & Recorder 0.00
Commissioner moved adoption
of th following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 96 - ~p~ ~'
APPROVAL OF PERMIT TO CONSTRUCT EXTENSIONS TO THE
UPPER EAGLE VALLEY CONSOLIDATED SANITATION DISTRICT WASTEWATER
COLLECTION SYSTEM AND THE UPPER EAGLE REGIONAL WATER AUTHORITY
SYSTEM TO SERVE ST. CLARE OF ASSISI PARISH
File Number 1041-040-96
WHEREAS, THE ARCHDIOCESE OF DENVER, ST CLARE OF ASSISI
PARISH, (hereinafter "Applicant"), submitted to the Eagle County
Department of Community Development an application to extend the
existing water & wastewater collection facilities to serve the
St. Clare of Assisi Parish; and
WHEREAS, the Eagle and Colorado Valley Planning Commission
conducted a public hearing on September 3, 1996, after publica-
tion and notice as required by law, to consider Applicant's
request to conduct the following activities of state interest:
6.04: Major extensions of existing water supply & sewage
collection systems.
6.05: Efficient utilization of municipal and industrial water
projects.
WHEREAS, the Board of County Commissioners ("the Board"), in
its capacity as the Eagle County Permit Authority, conducted a
public hearing on September 17, 1996, to consider the Applica-
tion; and
WHEREAS, the Board, acting as the Permit Authority, has
considered all the evidence, exhibits and arguments presented at
and prior to the hearings.
WHEREFORE, based on the evidence presented, the Permit
Authority makes the following findings with regard to the Appli-
cation as it pertains to Section 6.04.15 and 6.05.15 of the
County Land Use Regulations:
a . New dome is water and sewage treat.......t systems shal l
be constructed in areas which will result in the proper
utilization of existing water and sewage treatment
systems of communities within this County within the
development area and source development area;
FINDINGS: The development will properly utilize the existing
Upper Eagle Valley Consolidated Sanitation Districts
sewage treatment facilities and the Edwards
Metropolitan District\Upper Eagle Regional Water
Authority Facilities.
b. The proposed development does not conflict with an
approved local master plan or other applicable Region-
al, State or Federal land use or water plan;
FINDINGS: The proposed development does not conflict with the
Eagle County Master Plan, the Edwards Sub-Area Plan,
208 Plan or other Federal land use or water plans.
c. The proposed development does not adversely affect
either surface or subsurface water rights of upstream
or downstream users;
FINDINGS: The proposed development will not adversely affect
either surface or subsurface water rights of upstream
or downstream users.
d. Adequate water supplies, as determined by the Colorado
Department of Health, are available for efficient
operational needs;
FINDINGS: Adequate water supplies, as determined by the Colorado
Department of Health, are available for efficient
operational needs.
e. Existing domestic water treatment systems servicing the
area must be at or near operational capacity;
FINDINGS: The existing water treatment system for the Upper Eagle
Regional Water Authority has recently been expanded to
10 MGD, providing adequate capacity to serve this
development.
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f. Existing ~omestic sewage treatment LKcilities servicing
the area must be at or greater than eighty percent
(80%) of operational capacity;
FINDINGS: The existing sewage treatment facilities are near
operational capacity during peak periods and upgrades
are planned.
g. The scope and nature of the proposed development will
not compete with existing water and sewage services or
create duplicate services;
FINDINGS: This proposal will not duplicate existing services and
will make use of excess and planned capacity in the
Upper Eagle Valley Consolidated Sanitation District's
system and Upper Eagle Regional Water System.
h. Age of existing water and sewage systems, operational
efficiency, state of repair or level of treatment is
such that replacement is warranted;
FINDINGS: NA
i. Area and community development and population trends
demonstrate clearly a need for such development;
FINDINGS: Area and community development and population trends
demonstrate clearly a need for additional church and
school facilities and the associated water supply and
wastewater collection services.
j. Existing facilities cannot be upgraded or expanded to
meet waste discharge permit conditions of the Colorado
Water Quality Control Division;
FINDINGS: NA
k. Appropriate easements can be obtained for any associat-
ed collector or distribution system that will serve
existing and proposed needs;
FINDINGS: Appropriate easements can be obtained for the proposed
line extensions.
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1. The bene_~_s of the proposed develor...~nt outweigh the
losses of any natural resources or agricultural lands
rendered unavailable as a result of the proposed devel-
opment;
FINDINGS: The benefits of the proposed project outweigh the
losses of any natural resources or agricultural lands
rendered unavailable as a result of the project.
m. The proposed development will not decrease the quality
of peripheral downstream surface or subsurface water
resources below that designated by Colorado Water
Quality Control Commission as established on May 22,
1979, and effective July 10, 1979, or more stringent
standards subsequently adopted;
FINDINGS: The proposed development will not decrease the quality
of peripheral downstream surface or subsurface water
resources below that designated by Colorado Water
Quality Control Commission as established on May 22,
1979, and effective July 10, 1979, or more stringent
standards subsequently adopted if non-point source
water pollution control techniques are properly imple-
mented.
n. The proposed development or its associated collector or
distribution system or new service areas will not
violate Federal or State air quality standards;
FINDINGS: The proposed development and its associated collector
system will not violate Federal or State air quality
standards.
o. The proposed development or its associated collector or
distribution system will not significantly deteriorate
aquatic habitats, marshlands and wetlands, groundwater
recharge areas, steeply sloping or unstable terrain,
forest and woodlands, critical wildlife habitat, big
game migratory routes, calving grounds, migratory
ponds, nesting areas and the habitats of rare and
endangered species, public out-door recreation areas,
and unique areas of geologic, historic or archaeologi-
cal importance;
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FINDINGS: The proposed development will not significantly deteri-
orate aquatic habitats, marshlands and wetlands, groun-
dwater recharge areas, steeply sloping or unstable
terrain, forest and woodlands, critical wildlife habi-
tat, big game migratory routes, calving grounds, migra-
tory ponds, nesting areas and the habitats of rare and
endangered species, public out-door recreation areas,
and unique areas of geologic, historic or archaeologi-
cal importance if the construction is in accordance
with the application submitted.
p. The proposed development or its associated collector or
distribution system will not significantly degrade
existing natural scenic characteristics, create blight,
nor cause other nuisance factors such as excessive
noise or obnoxious odors;
FINDINGS: The proposed development will not significantly degrade
existing natural scenic characteristics, create blight,
nor cause other nuisance factors such as excessive
noise or obnoxious odors if the construction is in
accordance with the application submitted.
q. The proposed development or its associated collector or
distribution systems will not create an undue financial
burden on existing or future residents within the
development area and the source development area. The
cost of securing an adequate supply of water for exist-
ing and future needs of the residents of the County
shall be considered in determining whether an "undue
financial burden" will result;
FINDINGS: The proposed development will be financed and main-
tained and will not create an undue financial burden on
existing or future residents within the development
area and the source development area.
r. The development site of a proposed major extension of
an existing domestic water or sewage treatment system
is not subject to significant risk from earthquakes,
floods, fires, snowslides, landslides, avalanches, rock
slides or other disasters which could cause a system
operation breakdown;
5
FINDINGS: The development site of the proposed major extension of
an existing sewage treatment system is not subject to
significant risk from earthquakes, floods, fires,
snowslides, landslides, avalanches, rock slides or
other disasters which could cause a system operation
breakdown.
s. Any proposed domestic water treatment and distribution
system is capable of providing water meeting the re-
quirements of the Colorado Department of Health;
FINDINGS: The proposed domestic water treatment and distribution
system is capable of providing water meeting the re-
quirements of the Colorado Department of Health.
t. The construction of structures, buildings, and improve-
ments associated with the proposed development will not
significantly impact existing or proposed communities
within the development area and source development
area;
FINDINGS: The construction of structures, buildings, and improve-
ments associated with the proposed development will not
significantly impact existing or proposed communities
within the development area and source development
area.
In accordance with Section 6.05.15 of the Eagle County Land Use
Regulations:
a. The need for the proposed water project can be substan-
tiated;
FINDINGS: The need for the proposed water line and sewer line
extensions can be substantiated based on historic and
anticipated growth rates and associated demand for
school and church facilities.
b. Assurances of compatibility of the proposed water
project with Federal, State, Regional and County plan-
ning policies regarding land use and water resources;
6
FINDINGS: The proposed development does not conflict with The
Eagle County Master Plan, the Edwards sub-Area Plan and
the Regional 208 Plan.
c. Municipal and industrial water projects shall emphasize
the most efficient use of water, including, to the
extent permissible under existing law, the recycling
and reuse of water. Urban development, population
densities, and site layout and design of stormwater and
sanitation systems shall be accomplished in a manner
that will prevent the pollution of aquifer recharge
areas;
FINDINGS: The proposed project will emphasize efficient use of
water through metering and cost structure. Landscape
irrigation with untreated water is encouraged.
d. Provisions to insure that the proposed water project
will not contaminate surface water resources;
FINDINGS: Provisions have been proposed to control sedimentation
and erosion to insure that the proposed project will
not contaminate surface water resources.
e. The proposed water project is capable of providing
water pursuant to standards of the Colorado Department
of Health;
FINDINGS: The proposed water project is capable of providing
water pursuant to standards of the Colorado Department of Health.
f. The proposed diversion of water from the source devel-
opment area will not decreased the quality of peripher-
al or downstream surface water resources in the source
development area below that designated by the Colorado
Water Quality Control Division on May 22, 1979, and
effective July 10, 1979, or more stringent standards
subsequently adopted;
FINDINGS: The project does not propose to divert water from the
source development area.
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w ~-
g. The proposed development and the potential diversions
of water from the source development area will not
significantly deteriorate aquatic habitats, marshlands
and wetlands, groundwater recharge areas, steeply
sloping or unstable terrain, forests and woodlands,
critical wildlife habitat, big game migratory routes,
calving grounds, migratory ponds, nesting areas and the
habitats of rare and endangered species, public outdoor
recreational areas, and unique areas, and unique areas
of geologic, historic or archaeological importance;
FINDINGS: The proposed development will not significantly
deteriorate aquatic habitats, marshlands and wetlands,
groundwater recharge areas, steeply sloping or unstable
terrain, forests and woodlands, critical wildlife
habitat, big game migratory routes, calving grounds,
migratory ponds, nesting areas and the habitats of rare
and endangered species, public outdoor recreational
areas, and unique areas, and unique areas of geologic,
historic or archaeological importance.
h. The salinity and advanced wastewater treatment offset
plans required by Section 6.05.13(16) and (17) have
been approved by the Permit Authority and required fees
associated therewith, if any, have been paid;
FINDINGS: NOT APPLICABLE
i. The construction of structures, buildings and improve-
ments associated with the proposed development will not
significantly impact existing or proposed communities
within the development area and source development
area;
FINDINGS: The construction of improvements associated with the
proposed development will not significantly impact
existing or proposed communities within the development
area and source development area.
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COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its
BOARD OF COUNTY CONIMISSIONERS
~"'~~ ~~~
ATTEST : ~ ,' ~
a; m
'~.~
.,.,,,,~a,,,,~
By: By: r
Clerk to the Bo rd of Geor ates~ Chairman
County Commissioners ~~
s E.Jo
ssioner
hnnette Phillips, Commiss oner
Commissioner seconded adoption of the
foregoing resolution. he roll having been called, the vote was
as follows:
Commissioner George A. Gates (~A~
Commissioner James E. Johnson, Jr.
Commissioner Johnnette Phillips
This Resolution passed by (~ - D vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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