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Home My WebLink AboutR96-145 permit to construct extensions in eagle river water and sanitation..1 Commissioner ~B`j~~ moved adoption of the following Resolution: BOARD OF COUNTY COI~IlriISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 96 - ~ 7`~j APPROVAL OF PERMIT TO CONSTRUCT EXTENSIONS TO THE EAGLE RIVER WATER AND SANITATION DISTRICT WASTEWATER COLLECTION SYSTEM TO SERVE WEST EDWARDS File Number 1041-0001 WHEREAS, THE EAGLE RIVER WATER AND SANITATION DISTRICT, (hereinafter "Applicant"), submitted to the Eagle County Depart- ment of Community Development an application to extend the exist- ing wastewater collection facilities to serve areas referred to as West Edwards; and WHEREAS, the Eagle and Colorado Valley Planning Commission conducted a public hearing on October 2, 1996, after publication and notice as required by law, to consider Applicant's request to conduct the following activities of state interest: 6.04: Major extension of existing sewage treatment system. WHEREAS, the Board of County Commissioners ("the Board"), in its capacity as the Eagle County Permit Authority, conducted a public hearing on October 15, 1996, to consider the Application; and ~ C CZ 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 of the County Land Use Regulations: FINDINGS: In accordance with Section 6.04.15 of the Eagle County Land Use Regulations. IIIIII IIIII IIIIII IIIII IIN 1111111 IIIII III IIIII IIII IIII 6074z~ 11/14/1996 04:26P BK 711 PG 442 370~9E~ 1 of 7 REC 0.00 DOC 0.00 NOT 0.00 Eagle County Clerk a. New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utili- zation 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 proposal for a "new domestic water and sewage treatment system" however, if approved as pro- posed, the development will utilize the existing Squaw Creek sewage treatment plant. 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 Edwards Sub-Area Plan, to the extent applicable or other applicable Regional, State or 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 opera- tional needs; FINDINGS: Not Applicable e. Existing domestic water treatment systems servicing the area must be at or near operational capacity; FINDINGS: Not Applicable, this is not a proposal for a new sys- tem. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80~) of operational capacity; 2 FINDINGS: This is not an application to construct a "new domestic sewage treatment facility," therefore, this criteria is not applicable. g. The scope and nature of the proposed development will not compete with existing water and sewage services or create duplicate services; FINDINGS: The proposed development is making the most efficient use of existing water and sewage services. h. Age of existing water and sewage systems, operational effi- ciency, state of repair or level of treatment is such that replacement is warranted; FINDINGS: Not applicable, this is not a proposal to replace an existing water or sewage treatment systems. i. Area and community development and population trends demon- strate clearly a need for such development; FINDINGS: The zoning and master plan designation demonstrate clearly a need for sewer line extension to serve this area. j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; FINDINGS: Existing on-site wastewater disposal systems are not capable of being upgraded to meet current standards. k. Appropriate easements can be obtained for any associated collector or distribution system that will serve existing and proposed needs; FINDINGS: Appropriate easements have been obtained. 1. The benefits of the proposed development outweigh The losses of any natural resources or agricultural lands rendered unavailable as a result of the proposed development; 3 FINDINGS: The benefits of the proposed sewer system outweigh the loss 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 archaeological importance; FINDINGS: The proposed development will not significantly deteri- orate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habi- tat, big game migratory routes, calving grounds, migra- 4 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 develop- ment 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 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; 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. 5 s. Any proposed domestic water treatment and distribution system is capable of providing water meeting the require- ments of the Colorado Department of Health; FINDINGS: Not Applicable t. The construction of structures, buildings, and improvements associated with the proposed development will not signifi- cantly 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. FINDINGS: Waiver of the Special Use Permit requirement as pro vided for in Section 2 .09.04 (3) (c) (1) (2) , based on a d- etermination 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. THAT, The Board hereby approves this application with the following condition: The District shall provide notice to the County Environmental Health Office when sewer taps replace an existing on-site sewage disposal system. 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. 6 t MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the ~ -~ day of ~,(E.P~R~,..~ 1996; nunc pro tunc October 15, 1996. ATTEST: J. By: Sara J. Fisher Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and Through Its BOARD OF COUNTY COMMISSIONERS Commissioner ~/ ~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner, George A. Gates Qc,U J Commissioner, James E. Johnson, Jr. ~1 ~ Commissioner, Johnnette Phillips ~~ This Resolution passed by ~l1~•?~rrtllLi.~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. f:\docs\1041.res\1041001.res 7 By: George Gates, Chairman