HomeMy WebLinkAboutR96-089 etension to gypsum's wastewater collection system1 u J ~---
Commissioner _ `~`~l..C~~.,CL~.~ moved adoption
;~'" ~ J of the following Resolution
ice.
BOARD OF COUNTY CONII~iISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
.., RESOLUTION NO . 9 6 - 8
APPROVAL OF PERMIT TO CONSTRUCT EXTENSIONS TO THE TOWN OF GYPSUM
J WASTEWATER COLLECTION SYSTEM AND WATER SUPPLY SYSTEM TO SERVE THE
a EAGLE COUNTY REGIONAL AIRPORT, THE AIRPORT GATEWAY CENTER AND THE
VALLEY AIRPARK
o File Number 1041-039-96
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WHEREAS, THE TOWN OF GYPSUM (hereinafter "Applicant"), .
submitted to the Eagle County Department of .Community Development
an application to extend the existing water & wastewater
~ collection facilities to serve The Eagle County Regional Airport,
'~ ~+ The Airport Gateway Center and the Valley Airpark; and
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~ o WHEREAS, the Eagle County Planning Commission conducted a
~-+ ~ public hearing on June 5, 1996 after public notice as required by
~ law, to consider Applicant's request to conduct the following
activities of state interest:
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~ 6.04: Major extensions of existing water supply & sewage
~ `~ collection systems.
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6.05 Efficient utilization of municipal and industrial water
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projects .
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~ ~' ~ WHEREAS, the Board of County Commissioners ("the Board"), in
~~ ~ its capacity as the Eagle County Permit Authority, conducted a
T public hearing on June 18, 1996, to consider the Application; and
WHEREAS, the Board, acting as the Permit Authority, has
~ ~ considered all the evidence, exhibits and arguments presented at
~ ~ and prior to the hearings.
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WHEREFORE, b~ ed on the evidence presen 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 domestic water and sewage treatment systems shall be
constructed in areas which will result is the proper
utilization of existing water and sewage treatment systems
of communities within this County within the development
area and source development area;
FINDINGS: This is not a new system, however, if approved as
proposed, the development will properly utilize the
existing Town of Gypsum sewage treatment facilities and
the Upper Eagle Regional Water Authority Facilities.
b. The proposed development does not conflict with an approved
local master plan or other applicable Regional, State or
Federal land use or water plan;
FINDINGS: The proposed development does not conflict with the
Eagle County Master Plan, the Town of Gypsum Master
Plan, the 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;
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_ FINDINGS: Not App cable, no new systems are ~ing proposed.
f. Existing domestic sewage treatment facilities servicing the
area must be at or greater than eighty percent (80~) of
operational capacity;
FINDINGS: No new sewage treatment system is proposed. The
. existing sewage treatment facilities can be expanded
and upgraded to serve the proposed development.
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.
Town of Gypsum water and sewage treatment systems.
h. Age of existing water and sewage systems, operational
efficiency, state of repair or level of treatment is such
that replacement is warranted;
FINDINGS: Not Applicable
i. Area and community development and population trends
demonstrate clearly a need for such development;
FINDINGS: Area and community development and population trends
demonstrate strong growth trends in and around the Town
of gypsum.
j. Existing facilities cannot be upgraded or expanded to meet
waste discharge permit conditions of the Colorado Water
Quality Control Division;
FINDINGS: Not Applicable
k. Appropriate easements can be obtained for any associated
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 benefits the proposed developmen utweigh the losses
of any natural resources or agricultural lands rendered
unavailable as a result of the proposed development;
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
Commnissiom 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
implemented.
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
archaeological importance;
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FINDINGS: The proposed development 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
archaeological 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, aor 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 existing 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 with private
funds and bonds 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;
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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
requirements of the Colorado Department of Health;
FINDINGS: The proposed domestic water treatment and distribution
system is capable of providing water meeting the
requirements of the Colorado Department of Health.
t. The construction of structures, buildings, and improvements
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
improvements 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
substantiated;
FINDINGS: The need for the proposed water line and sewer line
extensions can be substantiated based on historic and
anticipated growth rates.
b. Assurances of compatibility of the proposed water project
with Federal, State, Regional and County planning policies
regarding-land use-and water resources; -
FINDINGS: The proposed development does not conflict with The
Eagle County Master Plan The Town of Gypsum Master Plan
or the Regional 208 Plan.
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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 aad sanitation systems shall
be accomplished is a manger that will prevent the pollution
of aquifer recharge areas;
FINDINGS: The proposed project will emphasize efficient use of
water through metering and cost structure and through
the Town of Gypsum's water conserving policies.
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 development
area will not decreased the quality of peripheral 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 1Q,
• 1979, or more stringent standards subsequently adopted;
FINDINGS: The project does not propose to divert water from the
source development area.
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
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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 improvements
associated with the proposed development will not
significantly impact existing or proposed coamnunities 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.
Waiver of the Special Use Permit requirement as provided for in
Section 2.09.04(3)(c)(1)(2), based on a determination that
requiring a Special Use Permit in addition to the permit(s)
required under the Guidelines and Regulations of Areas and
Activities of the State Interest, as amended, would serve no
further legitimate planning, zoning or other land use objective.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, acting
as the Permit Authority:
THAT, the permit to construct an extension of The town of
Gypsum's water and sewer lines to serve The Eagle County Regional
airport, The Airport Gateway Center and The Valley Airpark, (File
No. 1041-039-96) is granted to the Applicant, THE TOWN OF GYPSUM.
THAT, the requirements of a Special Use Permit contained in
Section 2.09.04(3)(c) are waived.
THAT, the Board of County Commissioners directs the Depart-
ment of Community Development to provide a copy of this Resolu-
tion to the Applicant.
THAT, the Board hereby finds, determines and declares that
this Resolution is necessary for the health, safety and welfare
of the citizens of Eagle County.
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MOVED, READ AND ADOPTED by the Board of County Commissioners
of the County of Eagle, Stat of Colorado, at its regular meeting
held the day of 1996; nunc pro tunc
JUNE 18 , 19 9 6 . ~ " ";
_ _ titter.
ATTEST : ~` ~; Y: ~,~'';
~~f COUNTY OF EAGLE, STATE OF
~' COLORADO, by and Through Its
/~°~ ,~"~ ~ BOARD OF COUNTY COMMISSIONERS
~~Ju~~ d-/ ~~ ~~J
h-• __ ~ ~
By
Sara J. Fisher
Clerk to the Board
E
Commissioner ,~1~/LrI~7L seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
a
Y
Commissioner George A. Gates
Commissioner Johnnette Phillips
Commissioner James E. Johnson, Jr.
This Resolution passed by Z-~~~~2~~ ~~~~ vote of the Board of
County Commissioners of the County of Eagle, State of Colorado.
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Commissioner