HomeMy WebLinkAboutR91-012 1041 permit for Black Lakes Reservoir Project442896 B -546 P -753 01/29/91 16:48 PG 1 OF E3 REC DOC
JOHNNETTE PHILLIPS EAGLE COUNTY`` CLERK, COLORADO 0.00 0.00
Commissioner w e) Q-L moved adoption
t of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
LIL? acting as the
EAGLE COUNTY PERMIT AUTHORITY
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 91- /A
WHEREAS, the Eagle and Colorado Valley Planning Commission (formerly known as
the Eagle County Planning Commission) and the Board of County Commissioners of Eagle
County have conducted public hearings in 1988 and on August 27 -28, 1990, after publication
and notice as required by law, to consider an application submitted by Vail Valley Consolidated
Water District for a H.B. 1041 Permit for (a) major extension of an existing water collection
system; and (b) efficient utilization of municipal water projects, to permit the construction of the
project known as Black Lake No. 1 Enlargement. The District has previously requested and has
been granted a waiver of a Special Use Permit for the enlargement of Black Lake No. 1; and
Fa
WHEREAS, the Town Council of the Town of Vail, by Resolution No. 21, Series of
1990, has expressed its support of the Black Lakes Reservoir Project.
WHEREAS, the Eagle and Colorado Valley Planning Commission has considered all
the evidence, exhibits and arguments presented and has recommended approval of the project
under certain conditions.
WHEREAS, the Board of County Commissioners has considered all the evidence,
exhibits and arguments presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, based on the evidence presented at the hearings, the Board of County
Commissioners (hereinafter referred to as "BOCC ") adopt the following Findings of Fact,
Conclusions of Law and Decision with regard to the application and in accordance With the
requirements and criteria set forth for the "Guidelines and Regulations for Areas and Activities
of State Interest of the County of Eagle, State of Colorado" ( "1041 Regulations "), which are
environmental and land use regulations adopted pursuant to Section 24- 65.1 -101, C.R.S. The
1041 Regulations are codified in Chapter 6 of the Eagle County Land Use Regulations. All
references herein to said guidelines and regulations are shown in parentheses. The project
pending before Eagle County for approval pursuant to the foregoing guidelines is known as
Black Lake No. 1 Enlargement.
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H.B. 1041 PERMIT DECISION CRITERIA.
(Where the criteria
are the same, parts of 6.05 are incorporated as
(6.04.15.1.a.) (6.05.15.1.a.) Major extensions of domestic water
and sewage treatment systems shall be permitted in those areas
in which the anticipated growth and development that may occur
as a result of such extension can be accommodated within the
financial and environmental capacity of the development area to
sustain such growth and development.
The Black Lake No. 1 Enlargement Project is designed to enable Vail Valley Consoli-
dated Water District to serve anticipated growth and development in the development area
that was projected and planned for by the Town of Vail in the Vail Land Use Plan. The Town
of Vail has taken into consideration its financial and environmental capacity in developing its
plan. The Environmental Assessment conducted by the U.S. Forest Service for the project
concludes that there would be no significant effect on the environment of the development area
or source development area. Vail Valley Consolidated Water District currently has adequate
funds to build and operate the Black Lake No. 1 Enlargement. Also see the discussions
hereinbelow under criteria 6.04.14.1.c. for a substantiation of the need for the project and
under criteria 6.04.15.1.q. for substantiation of the financial capacity.
The source development area is Black Gore Creek and the Gore Creek Basin. Vail
Valley Consolidated Water District owns or controls all of the water rights necessary for the
project in the source development area. The Cities of Colorado Springs and Aurora have no
water rights in the development area or the source development area.
2. (6.04.15.1.b.) (6.05.15.1.b.) The proposed development does not
conflict with an approved master plan or other applicable
regional, state or federal land use or water plans.
The proposed development is consistent with the local master plans (Eagle County and
Vail), the Regional 208 Plan, state water law and the U.S. Forest Service Land Management
Plan for the White River National Forest.
a. The U.S. Forest Service has issued an environmental assessment for
the Black Lake No. 1 Enlargement Project and issued a decision notice
and finding of no significant impact. According to the United States
Forest Service, all wetland impacts will be mitigated in compliance with
the provisions of a Memorandum Agreement between the Environmental
Protection Agency and the Army Corps of Engineers concerning the
determination of mitigation under the Clean Water Act Section 404(b)(1)
guidelines.
b. The Colorado Department of Natural Resources has entered into two
Memorandums of Agreement with Vail Valley Consolidated Water District
and endorses the project as the preferred way to protect instream values.
According to the Department, this is one of the few projects in the state
specifically designed to provide water to enhance instream values.
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C. Enlargement of Black Lake is consistent with and would assist the
attainment of the following goals of the Eagle County Master Plan:
(1) The encouragement of and strengthening of the recreation and
tourism industries.
(2) Protection of the economy of the county and the lifestyles of its
inhabitants.
(3) Protection, maintenance and enhancement of fish and wildlife
habitat, natural water systems, unique Iandforms and scenic
qualities.
(4) Provision of recreational water uses and maintenance of stream
flows.
d. The NWCCOG has submitted evidence that states that project is
consistent with the Regional 208 Plan. ; a
3. (6.04.15.1.c.) The proposed development does not adversely
affect either surface or sub - surface water rights of upstream
or downstream users within the development area and source
development area.
Augmentation Plan
The purpose of Vail Valley Consolidated Water District's augmentation plan, of which
Black Lake No. 1 is a part, is to provide a dependable year -round legal water supply to the
water users served by Vail Valley Consolidated Water District. The plan was decreed by the
District Court for Water Division No. 5 in Case No. 82CW328. Through the use of historical
irrigation water and Green Mountain Reservoir water to replace depletions from municipal and
snowmaking diversions, the augmentation plan allows the District to divert water legally from
Gore Creek year- round.
The plan for augmentation was developed by calculating the District's stream deple-
tions at full build out for municipal and snowmaking purposes. To balance the current and
future stream depletions, the District purchased senior water rights that had historically been
used for irrigation purposes. These water rights have historical stream depletions associated
with them that were attributable to pasture and hay grass irrigation in the Gore Creek Basin.
The augmentation plan allows the District to use the historical stream depletions as "con-
sumptive use credit" against current and projected stream depletions.
The District's current and projected stream depletions occur year- round, whereas the
historical stream depletions occurred in the May to October irrigation season. The consumptive
use credits can be stored only during the irrigation season. The District's projected depletions
at full buildout during the irrigation season are less than the depletions that occurred
historically during the irrigation season; therefore, the District has excess consumptive use
credits during the irrigation season.
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442896 B -546 P -753 01/29/91 16:48 PCB 3 OF 23
The District needed a reservoir in which to store irrigation season credits to replace
non - irrigation season depletions. One option available to the District was to build its own
reservoir to store its excess consumptive use credits during the irrigation season. The District
found, however, that it would be more efficient to lease water from Green Mountain Reservoir
to replace its non - irrigation season depletions. That reservoir was planned to serve that
purpose.
To the extent that the District relies on Green Mountain Reservoir water and does not
store its excess consumptive use credits during the irrigation season, current and projected
Irrigation season depletions will be less than historical irrigation season depletions. Thus, Gore
Creek will have more water in it during the irrigation season than it did before the valley
developed from a meadow land to America's leading ski area and summertime resort.
Green Mountain Reservoir
The augmentation plan allows the District to contract with the U.S. Bureau of
Reclamation for water service from Green Mountain Reservoir. The District has entered into
a long -term contract with the Bureau. Water is released from Green Mountain Reservoir g
causing the non- irrigation season to replace the District's non - irrigation season stream 4
depletions. The replacement occurs at the confluence of the Eagle River with the Colorado
River at Dotsero. The replacement is made at Dotsero because, during the nonirrigation
season, the Shoshone Power Plant is the senior water right that the District must satisfy in
order to divert water from Gore Creek.
During the preparation of the Environmental Impact Statement for the Green Mountain
Reservoir Water Marketing Program, the segment of Gore Creek between Black Gore Creek
and the mouth of Gore Greek was identified as a brown trout fishery. Because the District's
primary municipal water diversions are located in Gore Creek on the stream segment between
Black Gore Creek and Red Sandstone Creek, the study concluded that the fishery may be
affected by municipal diversions during low stream flow periods.
Black LakeiState of Colorado
To mitigate the possible adverse effects of the use of Green Mountain Reservoir water
and to resolve all conflicts between junior instream flow rights owned by the Colorado Water
Conservation Board and senior municipal, irrigation and snowmaking rights owned by the
District, the District agreed with the Colorado Water Conservation Board and the Colorado
Division of Wildlife to enlarge Black Lake No. 1. According to two Memorandums of
Agreement between the Colorado Department of Natural Resources and the District, the
enlargement and use of Black Lake No. 1 as a part of the augmentation plan completely
addresses all environmental issues between the State of Colorado and the District.
Black Lake No. 1 is to be used primarily to augment the District's municipal diversions
during low stream flow periods so that wet water is provided to Gore Creek. Secondarily, to
the extent the District's depletions coincide with Black Lake No. 1 releases, such releases will
be used also to satisfy the call of the Shoshone Power Plant on the Colorado River. This will
reduce the amount of water that must be released from Green Mountain Reservoir. The decree
requires the District to provide 300 acre feet of storage capacity in Black Lake No. 1 and Black
Lake No. 2 and to release water from the Black Lakes to mitigate the effects of municipal
diversions in excess of 4.35 cfs when stream flows at the Vail Stream Gage reach a defined
flow rate (16 cfs, summer; 6 cfs, winter). A total of 227 acre feet of additional storage space
will be constructed at Black Lake No. 1. The other 73 acre feet of augmentation water will
come from Black Lake No. 2 as a result of the District's agreement with the Department of
Natural Resources. No construction is necessary to provide that additional 73 acre feet of
augmentation water.
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442896 B -34G P -753 01/29/91 16:48 R6 4 OF 23
Other Mitigation Measures
To ensure that stream flows below Red Sandstone Creek are maintained during periods
of low wintertime stream flow, the rate of snowmaking diversions is limited to the rate at which
effluent is being discharged by the municipal wastewater treatment plant. The wastewater
treatment plant is located upstream of the snowmaking point of diversion. Thus, during periods
of low wintertime stream flows, the water that is in the stream at the Vail Stream Gage will not
be diverted for snowmaking purposes_
Black Lake Proposed Operation
Since late September of 1988, the District has been monitoring water quality and
stream flows at up to twelve stations on Gore Creek and Black Gore Creek. The winter of
1988 -89 was generally considered to be representative of unusually low flow conditions
because of the dry fail, below average snowpack, and very cold temperatures. Even under
fitese conditions, it was found that stream flows at the Vail Gage did not drop below the 6
cis level that could trigger releases of water stored in Black Lakes. The lowest measured
flow at the Vail Gage was 6.6 cis on March 1, 1989. Under the operational criteria proposed `
in the Augmentation Plan, water would not have been released from Black Lakes even though
the stream flow in Gore Creek below the municipal well field on March 1, 1989 was estimated
at only 2.6 cfs. This general pattern was corroborated by data gathered during the winter of
1989 -90.
It appears that streamflows in Gore Creek recover from the municipal diversions at the
well field more rapidly than realized when the Augmentation Plan was developed. Based upon
these observations, the District has recommended a recalibration of the relationship between
the flows recorded at the Vail Gage and flows below the well field. It appears that it would be
beneficial to streamflows below the well field, if releases from storage at Black Lakes could be
triggered by a higher flow at the Vail Gage that would provide for releases of augmentation
water in a manner that would better mitigate potential impacts to the segment of Gore Creek
which is most impacted by the wells_ The benefits of such releases would also accrue to the
Gold Medal reach of Gore Creek below Red Sandstone Creek. The overall goal is to manage
the water available for release from Black Lakes so as to achieve maximum benefits for the
Gore Creek fishery while retaining sufficient flexibility to make refinements as more data
becomes available_ The District's Board of Directors approved the plan for the operation of
Black Lakes on March 22, 1990, and the CWCB approved it on March 23, 1990. Its
provisions are summarized in the following paragraphs:
The district will continue to monitor streamflow in Gore Creek at the Vail Gage.
2. On or after December 1, when the stream flow at the Vail Gage drops to 10
cfs or less, releases from Black Lakes will begin.
3. When flows drop to 10 cfs or less by December 1, the amount of water released
from Black lakes will be based upon the anticipated future additional diversions
associated with the future buildout of Vail during the months of December,
January, February, and March 1 -15, as shown below:
Month
Release
Release
(cfs)
(acre feet)
December
1.01
62.1
January
1.82
111.9
February
1.55
86.6
March 1 -15
1.33
39.4
Total
300.0
442896 8 -546 P -753 01/29/91 16 :48
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4. If releases from Black Lakes are delayed beyond December 1, due to flows at
the Vail Gage in excess of 10 cfs, then releases for the remainder of the winter
(throughout March 15) would be prorated so as to utilize the full 300 acre feet
of available storage.
5. If the 10 cfs trigger is not reached by January 1, then releases will begin on
January 1 in accordance with the following schedule:
Month Release Release
(cfs) (acre feet)
January 1.97 121.0
February 1.69 93.7
March 1 -31 1.38 85.3
Total 300.0
6. Black Lake releases will be periodically checked and adjusted to maintain a
constant flow during release periods.
r'
7. The District will continue to monitor its pattern of usage as demands increase
with the buildout of Vail. If the pattern of usage throughout the winter months
changes, then this proposed plan of operation will be refined to address poten-
tial aquatic impacts.
8. All of the numbers shown above are based upon the best currently available
data. Once the reservoir enlargement has been completed further refinements
in this proposed operation plan may be needed. Operational decisions will be
made in consultation with the CWCB and the Division of Wildlife.
Conclusions
The table below shows how release from storage in Black Lakes will serve to augment
streamflows in Gore Creek to the benefit of the fishery in representative wet and dry years.
Condition
Projected Additional
Withdrawals (cfs)
Black Lakes Releases:
1967 and 1975
1977 and 1983
Dec. Jan. Feb. Mar. Mar.
1 -15 16 -31
.089
1.63
1.44
1.18
1.18
1.01
1.82
1.55
1.33
0
0
1.97
1.69
1.38
1.38
In each of the critical years shown above, releases from Black lakes would be sufficient
to prevent losses in adult habitat for brown trout through March 15. Normally, streamflows
increase by 20 to 30 percent throughout the month of March and severe cold spells that would
significantly reduce flows in the later half of March tend to be short - lived. These factors
substantially diminish the risk of adverse impacts from using up all of the 300 acre feet of
augmentation water by mid - March. There is obviously some risk associated with variations in
the pattern of wintertime diversions from year to year and from day to day, but this risk is
diminished by releasing slightly more that the projected additional withdrawals. (E.g., in some
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442896 B -546 P -753 01/29/91 16:48 PG 6 OF 23
years February may be a better ski month than January resulting in more water use in
February than is typical.) However, the magnitude of these changes will be small and manage-
able through refinements in the operation of Black Lakes. In addition, the District's system has
approximately 4.75 million gallons of treated water storage, which can be used as a buffer to
maintain relatively constant withdrawals from the municipal well field, thus minimizing large
daily fluctuations.
4. (6.04.15.1.d.) Adequate water supplies, as determined by the
Colorado Department of Health, are available for efficient
operational needs.
The Colorado Department of Health reviews the Vail Valley Consolidated Water
District's water system capability on an annual basis and judges it to be adequate. As growth
occurs, additional water supply equipment shall be added to meet future needs.
5. (6.04.15.1.e.) Existing domestic water treatment systems
servicing the area must be at or near operational capacity.
f,1
The Vail Valley Consolidated Water District water treatment system is designed to have
adequate reserve capacity to serve growth occurring in the development area. The purpose of
this project is to allow the District to utilize efficiently its existing water treatment system and
at the same time to provide water to help maintain streamflows in the development area.
The District has developed a Water Conservation Plan (March 12, 1990) to establish
the policy of the District to manage its water supply and distribution system so as to minimize
waste and encourage efficient utilization of water resources.
During peak wintertime skiing days, the existing water treatment systems servicing the
area are at or near operational capacity without the Augmentation Plan and Black Lakes
Enlargement.
6. (6.04.15.1.f.) Existing domestic sewage treatment facilities
servicing the area must be at or greater than eighty percent
(80 %) of operational capacity.
This provision is not applicable because this is a water supply project, not a sewage
treatment project. The Upper Eagle Valley Consolidated Sanitation District provides sewage
service to the development area.
(6.04.15.1.g.) The scope and nature of the proposed
development will not compete with existing water and sewage
services or create duplicate services.
The Vail Valley Consolidated Water District and the Upper Eagle Valley Consolidated
Sanitation District have exclusive jurisdiction for supplying water and sewage service to the
development area, and there is no duplication of services.
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442896 5 -546 P -753 01/29/91 16.48 PG 7 OF 23
8. (6.04.15.1.h.) Age of existing water and sewage systems,
operational efficiency, state of repair or level of treatment is
such that replacement is warranted.
Not applicable. The Black Lake No. 1 Enlargement does not replace an existing water
system. It provides in -basin water storage to supplement the existing system.
9. (6.04.15.1.1.) Area and community development and popula-
tion trends demonstrate clearly a need for such development.
The Black Lake No. 1 Enlargement is needed to serve both the existing population and
future growth of the Town of Vail. The purpose of Black Lake No. 1 Enlargement is to release
water to Gore Creek to enhance streamflows during low flow periods. Stream flow enhance-
ment is beneficial for the existing level of development and for future development. The
population projections contained in the Vail Land Use Plan show a two to three percent
(2 % -3 %) per year growth trend for the future.
4
d
10. (6.04.15.1.j) Existing facilities cannot be upgraded or d j
expanded to meet waste discharge permit conditions of the f4
Colorado Water Quality Control Commission. 0
Not applicable; this is a water supply project, not a wastewater treatment project.
11. (6.04.15.1.k) Appropriate easements can be obtained for any
associated collector or distribution system that will serve
existing and proposed needs.
The collection and distribution systems are in place and are located within appropriate
easements.
12. (6.04.15.1.1) 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.
The benefits of the proposed development are:
a. The recreation industry, a primary component of Eagle County's economy,
will continue to grow.
b. The Black Lake Enlargement will help to maintain streamflows in Gore
Creek, which will benefit the stream fishery.
C. The fishery at Black Lake No. 1 will be improved by Vail Valley
Consolidated Water District's annually stocking the reservoir with 2,500
pounds of catchable rainbow trout. The Division of Wildlife will also stock
the reservoir with 2,500 pounds of catchable rainbow trout.
442896 B -546 P -753 01/29/91 16:48 PG 8 OF 23
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d. The plan for mitigation of wetland impacts provides for restoration of
degraded wetland and riparian areas at a 2:1 ratio, with improvements
in wildlife and aquatic habitat, recreational and scenic values.
There will be no losses to natural resources or agricultural lands as a result of the
construction of the project. The Black Lake No. 1 Enlargement enlarges an existing reservoir
at an elevation too high and on soil too rocky to sustain productive agricultural land. The Town
of Vail is already urbanized and the environmental impacts of the Black Lake Enlargement will
be adequately mitigated.
13. (6.04.15.1.m) (6.05.15.1.f) The proposed development will not
decrease the quality of peripheral or downstream surface or
subsurface water resources below that designated by the
Colorado Water Control Commission as established on May
22, 1979,and effective July 10, 1979, or more stringent
standards subsequently adopted.
The proposed project will have no adverse impacts on water quality standards adopted
by the State of Colorado. It will not decrease the quality of peripheral or downstream surface
or subsurface water resources below that designated by the Colorado Water Control
Commission as established on May 22, 1979, or more stringent standards subsequently
adopted. The Colorado water Quality Control Commission issued a Section 401 Certification
for the proposed development on April 24, 1987. Increases in turbidity during construction will
be minimized and mitigated in accordance with NPDES permit requirements. After construction
of the project, disturbed areas will be reclaimed, and turbidity levels are expected to return to
pre - project conditions. Existing water uses will not be affected by the proposed development,
and will be maintained both during and after construction of the project. The impacts of
operation of the Black Lake No. 1 Enlargement on waste load allocations and other water
quality parameters including total dissolved solids,. hardness, and metals concentrations will be
negligible.
The Department of Natural Resources approved the augmentation plan, including the
Black Lake No. 1 Enlargement, and stipulated that it would not injure its instream flow
appropriations which are designed to "protect the environment to a reasonable degree." The
water judge approved the augmentation plan including Black Lake No. 1. The standard for
approval of an augmentation plan is that it "not injuriously affect the owner of or persons
entitled to use water under a vested water right or a decreed conditional water right." Section
37 -92- 305(3), C.R.S. The water judge's inquiry into injury involves not only the quantity but
also the quality of water. Section 37 -92- 305(5), C.R.S. By stipulating to the augmentation plan,
the City of Colorado Springs agreed that the plan did not injure its water rights.
Water Quality Standards
At the time when the water quality monitoring program described above was being
developed, the Colorado Water Quality Control Commission was in the process of adopting
a new methodology for determining water quality standards. The District's water quality
monitoring program was designed in anticipation of the adoption of this new methodology,
which became effective on September 30, 1988, and is described in the "Basic Standards
and Methodologies for Surface Waters" 3.1.0. (5 CCR 1002 -8). According to the Colorado
Water Quality Control Commission, these new regulations are based upon the "best available
knowledge to insure the suitability of Colorado's water for beneficial uses including public water
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442896 B -546 P -753 01/29/91 16:48 PG 9 Or
supplies, domestic, agricultural, industrial and recreational uses, and the protection and
propagation of terrestrial and aquatic life." (Section 3.1.2 paragraph 2)
Pursuant to these new rules, water quality standards for individual stream segments
are being modified basin by basin. The triennial review for the Upper Colorado River Basin,
Including the Eagle River basin, is currently under way, and the final adoption of the new
standards will most likely occur in March and become effective April 30, 1990. The new
standards and rules differ from the old fixed numeric standards in two major areas:
a. Total Recoverable vs. Dissolved - under the new state regulations,
aquatic life water quality standards for most of the applicable trace metals
would be based upon dissolved concentrations rather than total
recoverable concentrations. Using the dissolved concentrations,
standards are calculated as functions of hardness levels at the 30 -day,
3-year low streamflow.
a
b. AntFdegradafion - the new antidegradation rule (Section 3.1.8), which ro°
depends on the new standards, is currently in effect for all of the state.
This rule provides for the following levels of protection:
(I.) Waters designated high quality class 1 shall be maintained
and protected at their existing quality. These are pristine
waters that constitute an outstanding state or national
resource.
(ii.) Waters designated high quality class 2 (Gore Creek), shall
be maintained and protected at their existing quality unless
it is determined that allowing lower water quality is neces-
sary to accommodate important economic or social
development in the area in which the waters are located.
(iii.) Waters that do not warrant the special protection provided
by the high quality class 1 and 2 designations and the anti -
degradation review process (the Eagle River) are
designated "use protected."
No further water quality degradation is allowable which would interfere with or become
Injurious to existing classified uses.
The antidegradation review process involves a "significance determination" with respect
to the net effect of new or increased water quality impacts of the proposed activity, taking into
account any environmental benefits resulting from the activity and any water quality enhancing
mitigation. If anticipated impacts are offset by substantial water quality enhancing measures,
such as habitat improvement, then it could be found that the "net effect" of a proposed activity
could be insignificant degradation. [Section 3.1.8(3)(c)]
The District, working together with the State Health Department, has demonstrated
conclusively that the Black Lake Enlargement project passes the antidegradation review
process_
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44289E B- 546 P -753 01/29/91 16:48 PG 10 OF 23
Existing Water Quality Characteristics
In addition to the District's water quality monitoring program, there are historical water
quality data collected by the Department of Health at one monitoring site on Black Gore Creek
and one site at the mouth of Gore Creek. These data indicate that water quality conditions
throughout sampled reaches of the Gore Creek drainage are generally very good. The only
problem appears to be associated with slightly elevated levels of dissolved manganese in
Black Gore Creek above Vail and upstream from the confluence with Gore Creek, relative to
a stream standard of 0.05 mg/1. This condition is probably due to natural lithological sources
of manganese and possible aggravation of those sources during construction of 1 -70 over Vail
Pass- Main Gore Creek provides sufficient dilution water to reduce manganese concentrations
to levels well within this stream standard from the confluence of Black Gore Creek down stre-
am to the Eagle River,
Although occasional isolated exceedences of water quality standards for copper and
iron have occurred in Gore Creek below Red Sandstone Creek, the data do no indicate a
pattem or any kind of persistent problem that could affect aquatic life or violate water quality
standards. Nor do available data indicate problems with salinity, biological oxygen demand,
or increased nutrients from the Vail Golf Course.
The main pollutant of concern in Gore Creek has been sediment which originates
primarily from Interstate 70. The Colorado Department of Highways applies tons of sand,
containing 2.5 to 4 percent salt, to this major highway during winter months. Much of this
material accumulates on road shoulders throughout the winter and then washes into Gore
Creek during runoff. In addition, but to a lesser degree, water quality is impacted by
stormwater and urban runoff from the Town of Vail.
In the Eagle River, from Red Cliff downstream to Edwards, water quality has been
degraded by trace metal pollutants originating primarily from the Eagle Mine at Gilman. The
Districts monitoring program found consistent exceedences of water quality standards for
dissolved and total manganese, iron, zinc, cadmium, lead and copper. In recent years, trace
meal concentrations have occasionally been toxic to aquatic life on a seasonal basis, with pro-
blems usually occurring during the late summer and early fall when stream flows are low and
water temperatures relatively high.
Since the fall of 1989, trace metal concentrations have increased dramatically above
the already elevated levels. This has apparently been caused by activities associated with
the Eagle Mine cleanup currently being conducted under the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA).
Analysis of Impacts
In the assessment of water quality impacts associated with the operation of the
proposed project and the future buildout of the Town of Vail, a number of critical factors that
must be considered are outside of the control and jurisdiction of the District. The clean -up of
the Eagle Mine, including the recent decision to build an on -site treatment plant for removal of
trace metals, should eventually result in substantial water quality improvements in the Eagle
River. Expected post Eagle Mine clean -up water quality should be a major consideration in
the assessment of long term impacts associated with the proposed project.
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442896 B -546 P -753 01/29/91 16:48 PG 11 OF 23
In addition, nonpoint source pollution from the Town of Vail and 1 -70 are important
factors influencing water quality in the lower reaches of Gore Creek. Continuing efforts on
the part of the Town of Vail, including urban runoff control measures, erosion control, and
improvements in the Wastewater Treatment Plant, have resulted in water quality improvements
in Gore Creek and maintained the stream well within standards.
With regard to water quality impacts in Black Gore Creek and Gore Creek through the
municipal reach, there will be no measurable impact associated with either the operation of the
reservoir or increased diversions associated with buildout conditions. From Black Lakes (Site
1 -A) downstream to the welifield (Site 3A), water quality is relative constant with little change
in any parameters other than dissolved and total Manganese.
Concentrations of manganese tend to decrease at sampling sites downstream from
Blau takes and also during spring runoff when diversions to reservoir storage would occur.
Releases of the higher quality water stored during runoff (i.e. lower concentrations of
manganese) during low flow periods may actually result in lower concentrations of trace metals. �
There would also tend to be slight decreases in hardness during low flow periods when z
releases are being made from reservoir storage. Trace metal exceedences associated with
lithologicaf conditions would probably tend to occur with equal probability after project
construction-
In the lower section of Gore Creek below the Vail Gage, several variables complicate
the assessment of water quality conditions and potential impacts, including the discharge of
effluent from the Vail Wastewater Treatment Plant, diversions for snowmaking, and lithological
conditions. Comparison of water quality data from sampling Site 6A, below Red Sandstone
Creek_, and Site 7, at the mouth of Gore Creek, reveals very little change for any of the water
quality parameters tested. The primary hydrologic impact upon this reach of Gore Creek,
reveals very little change for any of the water quality parameters tested. The primary
hydrologic impact upon this reach of Gore Creek is the withdrawal of water for snowmaking,
which to some extent would be offset by both releases from Black Lakes and the wastewater
effluent. The analysis presented in Exhibit S -3 concludes that changes in trace metal
concentrations in the lower reach of Gore Creek would be insignificant.
In the Eagle River, inflows of higher quality water from Gore Creek have the beneficial
effect of reducing trace metal concentrations throughout the year. The operation of Black
Lakes, by itself would tend to result in an increase in dilution flows to the Eagle River during
the critical winter low flow period including December through March. The impacts associated
with storage of spring flows, under both current and future buildout conditions would be more
than offset by the beneficial dilution effect of snowmaking return flows. The greatest potential
reduction in dilution flows from Gore Creek to the Eagle River would be due to additional
diversions associated with increase snowmaking and the future buildout of Vail rather than
operation of Black Lakes. The analysis presented in Exhibit S -3 was based upon worst case
conditions associated with the months of November and December when the greatest reduction
in dilution flows could occur. This analysis concluded that changes in trace metal concentra-
tions would be measurable but would not be of sufficient magnitude to interfere with or be
injurious to any existing classified uses.
14. (6.04.15.1.n) The proposed development or its associated collector or distri-
bution system or new service areas will not violate Federal or State air
standards.
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442896 B -546 P -753 01/29/91 16:48 PG 12 OF 23
The Black Lake Enlargement will not violate air quality standards. The Town of Vail,
in compliance and cooperation with the EPA and the State Department of Health, has a
monitoring program in place measuring particulates (PM -10) and carbon monoxide. If air quality
violations occur to the extent that corrective steps need to be taken, the Town of Vail is
responsible for instituting and enforcing the necessary action. To date, the Town has passed
resolutions to limit the number of fireplaces allowed for new development as a precaution.
15. (6.04.15.1.o) (6.05.15.1.g) The proposed development or its
associated collector or distribution system will not signif-
icantly 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,
historic or archaeological importance.
Potential environmental impacts, along with appropriate mitigation measures, have been
identified in the U.S. Forest Service Environmental Assessment of the proposed Black Lake
Enlargement Project and the supplemental studies that have been submitted by the applicant
in this review process. In addition, the applicant has taken steps to avoid and minimize
impacts throughout the process of determining project location, design and operations. A
summary of Environmental Impacts that cannot be avoided and the measures to mitigate those
impacts are listed as follows:
1. There will be a loss of about 300 feet of stream habitat on Black Gore Creek
due to construction of the new dam.
This impact will be mitigated under the mitigation plan. The stream habitat will
be replaced by additional lake habitat. Enhancement of streamflows in the
remaining stream habitat, for both the Gold Medal Fishery on Gore Creek and
the municipal segment, will mitigate this small loss of stream habitat.
2. Creation of potentially hazardous ice fishing or cross - country skiing conditions
because of thin ice or slumping ice caused by releases of water to maintain
streamflows. Appropriate signs to warn users will be installed.
3. There will be a loss of one season of fishing opportunities in Black Lake No.
1 during project construction. After the construction season, the fishery at Black
Lake No. 1 will be improved by the Vail Valley Consolidated Water District and
the Division of Wildlife each annually restocking Black Lake No. 1 with 2500
pounds of fish.
4. Visual impacts will be that of degradation of a somewhat natural setting (a dam
and reservoir that have existed for 30 years) and replacement with a more
obvious man -made setting (i.e., a larger dam). Because a dam and reservoir
already exist at this site, and because of the proximity of the site to 1 -70, the
impact is not significant.
5. A slight increase in siltation and turbidity of the waters of Black Gore Creek will
occur during the construction period. These impacts will be minimized by the
District's water management efforts.
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442896 B -546 P -753 01/29/91 16:48 PG 13 OF 23
Description of Existing Wetland Values
The District's Wetlands Technical Report (Exhibit S -5) provides a detailed description
of the location and types of wetlands found in the areas surrounding the existing Black Lake
No. 1 and downstream along Black Gore Creek. This analysis includes both jurisdictional
wetlands (as defined by federal regulatory guidelines) and nonjurisdictional wetlands, that
exhibit some, but not ail, of the federally defined wetland characteristics. This report includes
information about geology and soil types, hydrology, vegetation types, and the functional values
associated with these wetland areas. The following is a summary of the wetland types found
in the project area:
1. `vegetated Shallow - Approximately 0.1 acres of vegetated shallows are found
around the shoreline of Black Lake No. 1. Species of vegetation found in these
areas include pondweed, aquatic buttercup or crowfoot, quillworts, and
watermilfoil. In terms of functional values, vegetated shallows are rated high
for food chain support and heritage values and low for other functional values.
2. Marsh - Approximately 0.1 acres of marsh are found at Black Lake No. 1 and =;
3.0 acres are found downstream along Black Gore Creek. The marsh areas a
occur in a narrow band near the inlet of Black Lake and in the large open water `
areas created by beaver ponds immediately below Black Lake No. 2. These
areas are characterized by standing water throughout most or all of the growing
season and soils are perennially saturated. Water sedge and beaked sedge are
the dominant plant species. Furthermore, values are rated high for food chain
support, wildlife and fishery habitat, and heritage values; moderate for ground
water discharge, shoreline anchoring and dissipation of erosive forces; and low
for other functional values.
3. Wet Meadow - Approximately 2.1 acres of wet meadow are found at Black Lake
No_ 1 and 4.0 acres are found downstream along Black Gore Creek below Black
Lake No. 2. These wet meadow areas occur in three locations around the
reservoir: on the northwest end of the reservoir near the dam; on the southwest
end of the reservoir near the inlet; and on the south end of the reservoir. The
areas on the northwest and southwest are relatively flat deltas formed by
deposition of sediment from 1 -70. The area to the south (about 0.8) acres is de-
scribed as "fen" because it is associated with peat soils fed by groundwater from
springs. These areas contain numerous plant species including water sedge,
beaked sedge, wooly sedge, tufted hairgrass, alpine willowherb, avens, beauty
cinquefoil, dandelion, darkthroat shootingstar, elephanthead lousewort, elkslip
marsh marigold, and blue joint reedgrass. Functional values are as follows:
high for food chain support, wildlife and fishery habitat, and heritage values;
moderate for ground water discharge, shoreline anchoring and dissipation of
erosive forces; and low for other values.
4. Willow Scrub - Approximately 17.98 acres of willow scrub are found around the
perimeter of Black Lake No. 1 and are interwoven throughout the wet meadow
areas. These areas occur on soils that are better drained and aerated, where
the water table is generally 15 to 28 inches below the soil surface. The
dominant plant species are willows with groundcover consisting of species
common to wet meadow. Functional values of these willow scrub areas are
rated as follows: high for food chain support, wildlife and fishery habitat, and
heritage values; moderate for ground water discharge, shoreline anchoring and
dissipation of erosive forces; and low for other functional values.
iH
448896 B -546 P -753 01/29/91 16:48 PO 14 OF 23
5. Riparian Scrub - Approximately 35.0 acres of riparian scrub are found along
Black Gore Creek below Black Lake No. 1 and Black Lake No. 2, downstream
to Polk Creek, on hillslopes and alluvial terraces above and adjacent to the
creek. This is the driest wetland type found in the project area; the water table
is generally 28 inches or more below the soil surface. The predominate
overstory vegetation consists of various species of wood shrubs including barren
ground, mountain plainleaf, wolf willow, bog and water birch, red osier dogwood,
and thin €eaf alder. Ground cover consists of species common to the wet
meadow areas. The functional values of these riparian scrub areas are rated
as follows. high for flood storage and desynchronization, shoreline anchoring
and dissipation of erosive forces, sediment trapping, nutrient retention and
removal, wildlife and fishery habitat, and heritage values; moderate for ground
water discharge, and food chain support; and low for groundwater recharge.
The areas described above include approximately 4.3 acres of wetlands that could be
at least partially dependent upon hydrologic support from groundwater levels or overbank
flooding associated with strearnflow levels in Black Gore Creek below Black Lake No. 2. This
includes about 3.5 acres, consisting primarily of wet meadow, surrounding a series of beaver
darns just below Black Lake No_ 2. The remaining 0.8 acres consists of wet meadow and
riparian scrub associated with a series of meanders located approximately 3.1 miles down -
stream from Black Lake No. t- This area could be supported by shallow groundwater as-
sociated vfitr the leve€ of flow in the stream and the parallel flow of groundwater across the
meander lobes at a depth that could provide hydrology.
The Districfs Wetlands Technical Report also includes a detailed list of plant species
found in the area of the proposed project. Dr. William Weber, Professor Emeritus, University
of Colorado, was retained to conduct a search of the area for any and all species of moss.
A description of mosses found in the project area is included in the District's Exhibit S -5 at
Appendix G. These studies indicate that Sphagnum Platyphyllum is not found in the project
area.
Analysis of Wetland impacts
In considering the whether the deterioration of the wetland is significant, the first test
is whether there is a destruction of wetlands which are of a unique species or perform a
unique function.
Construction of the new dam and the increase in water surface elevation associated
with the new reservoir (about 10 feet) would result in the loss of approximately 4.5 acres of
jurisdictional and 0.9 acres of rnonjurisdictional wetlands. This includes approximately 3.6
acres of willow scrub, 1.7 acres of wet meadow (including 0.2 acres of fen), and 0.1 acres of
marsh, for a total of 5.4 acres. The primary functional values associated with these wetland
areas are food chain support, wildlife and fisheries habitat, and heritage values. In addition,
these areas are rated as moderately valuable for groundwater discharge, shoreline anchoring,
and dissipation of erosive forces.
With regard to downstream impacts, the greatest reduction in stream depth would occur
at Stream Reach A located 0.23 miles below Black Lake No. 1. The stream depth at this
location, associated with the two year instantaneous peak flow, would be reduced by diversions
for reservoir storage at Black Lake by about 0.43 feet. At this point, the stream channel is
well entrenched and adjacent wetlands are positioned on steep hillslopes and alluvial terraces
too high above the stream channel to be supported by overbank flooding or groundwater
_15-
442896 B -546 P -753 01/29/91 16:48 PG 15 of 23
(.o
associated with the stream. Thus, there would be no measurable impact associated with the
reduction of peak flows.
The depth of water at Stream Reach R -1, located approximately 0.98 miles below Black
Lake No. 1, is controlled primarily by beaver dams. Storage at Black Lake would reduce depth
of water associated with the instantaneous two year peak flow at this site by about 0.23 feet.
This change is considerably less than the average water table level reduction of 0.43 feet that
would likely be required to cause a shift in wetland species composition.
Stream Reach B, characterized by meanders, is located approximately 3.1 miles
downstream from Black Lake No. 1. This is the area associated with 0.8 acres of wetlands
that are likely to be supported by groundwater associated with and supported by streamflows.
Seven transects of the stream were surveyed and modelled for stream flow hydraulics at this
location. The transect that exhibit the greatest reduction in stream depth (transect B -2), was
used for purposes of the District's analysis. With the storage of water at Black Lake, the
stream depth would be reduced by about 0.22 feet, which is considerably less than the aver-
age difference in water table level of 0.43 feet that would likely be required to cause a shift in
wetland species composition-
In summary, there is no loss of wetlands which are unique in function or species.
Therefore„ theca is no significant deterioration if the loss is adequately mitigated.
Proaosed Mitigation Measures
If the functions and species of the wetlands are not unique, then the next test is
whether the mitigation plan adequately replaces the functional value of those wetlands lost to
the construction and operation of the project.
The District investigated mitigation opportunities throughout the Gore Creek drainage.
Five potential and technically feasible mitigation sites were identified (not including the sites
in the mitigation plan proposed in 1988). These sites, when combined with the sites previously
proposed, provide a total of 21.65 acres of potential mitigation opportunities.
The mitigations sites are summarized below. Detailed descriptions of each mitigation
opportunity studied are included in Exhibit S -5.
Black Lake No. 2 Parking lot. This site is located immediately downstream and
adjacent to dam for Black Lake No. 2, and would provide 0.75 acres of in -kind,
on -site wetland restoration. This area was covered with approximately 3 feet of
fill in the development of a parking lot which is no longer used. This fill material
would be removed and used in construction of the embankment for the new dam
at Black Lake No. 1. The area would then be restored with topsoil and sod to
be transplanted from the impacted areas surrounding Black Lake No. 1. If
necessary, the site would be irrigated by routing water from Black Lake No. 2
through the area.
The goal would be to establish wet meadow and riparian scrub vegetation providing
high functional values for flood storage and desynchronization, dissipation of erosive forces,
sediment trapping, nutrient retention and removal, food chain support, wildlife habitat and
heritage values. It is estimated that the cost of this site would be $15,000.00.
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442896 B -546 G -753 01/29/91 16:48 PG 16 OF 23
s
2. Katsos Ranch restoration. This site is located to the south of Gore Creek
approximately one -half mile west of the East Vail 1 -70 interchange, and would
provide about 6.0 acres of in -kind, off -site wetland restoration. The site is
relatively flat with numerous meander scars and a dry oxbow channel which
became separated from Gore Creek sometime between 1974 and 1983 due to
a flood event or channelization associated with construction of 1 -70 and
urbanization (or a combination of these events).
Restoration of this site would involve construction of a drop structure or series of drop
structures in Gore Creek to raise the level of the stream and the water table and to allow a
portion of the flow in Gore Creek to return to the abandoned oxbow. These drop structures
would also improve physical habitat for fish and provide an opportunity for additional riparian
restoration in a section of Gore Creek that has been considerably degraded by stream
channelization. The goal would be to establish and improve riparian scrub vegetation providing
high functional values for flood storage and desynchronization, shoreline anchoring and
dissipation of erosive forces, sediment trapping, nutrient retention and removal, food chain
supporrL wildlife habitat and heritage values. It is estimated that the cost of this site would be
$50,000.Ettt.
3- The Fishing is Fun project and the Riparian Zone project proposed by the
applicant will restore an additional four acres of wetlands.
The four wetland mitigation sites described above would provide a total of 10.75 acres
of wetland restoration with functional values that are very similar and approximately equivalent
to the values associated with the 4.5 acres of jurisdictional and 0.9 acres of nonjurisdictional
wetlands lost to construction of the proposed project.
Provided that Black Lake No. 2 Parking Lot, the Katsos Ranch, and the Fishing is Fun
and Riparian Zone restoration projects are improved and operated as described above and in
the applicant's proposals and testimony, the District has conclusively demonstrated compliance
with 6.04.15.1.0_
The proposed mitigation, if it performs as described by its designers and by applicant's
witnesses, adequately replaces those lost functional values. Therefore, with the mitigation plan
fully operational, there is no significant deterioration of wetlands.
16.. (6.04.15.1.P) The proposed development or its associated
collector or distribution system will not significantly degrade
existing natural scenic characteristics, create blight or cause
other nuisance factors such as excessive noise or obnoxious
odors.
Enlarging Black Lake from 18 to 25 surface acres, and building a dam embankment
ten feet (10') higher than the existing dam, will have an insignificant effect on natural scenic
characteristics of the area. The Town of Vail is already urbanized, with aesthetic and nuisance
factors being controlled by municipal government.
17-
442996 B -546 P -753 41/29/91 16:48 PG 17 OF 23
17. (6.04.15.1.q) The Proposed development or its associated
collection or distribution system will not create an undue
financial burden on existing or future residents within the
development area and 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 bur-
den" will result.
Funds are presently in place to construct the Black Lake No. 1 Enlargement. No debt
or future repayment for the cost of the project will be required by the residents of the
development area.
The Black Lake No. 1 Enlargement will not significantly affect the cost of existing and
future water needs of Eagle County residents because it is a cost effective project designed
to provide water to county residents. The storage will occur during spring runoff, and water will
be released when most needed, during low flow periods. Even considering the District's entire
system at foil buildout, streamflow depletions to the Upper Eagle River
downstream of the development are six percent (6 %) for the worst case condition in January.
These depletions will not significantly affect the Upper Eagle Regional Water Authority
treatment plant at Avon_ The water districts that comprise the Upper Eagle Regional Water
Authority have stipulated that Vail Valley Consolidated Water District's augmentation plan will
not injure their water rights.
The effects on other uses further downstream on the Eagle River are even less
because the District's depletions represent an even smaller percentage of the total river flow.
18_ (6.05.15.1.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, snow -
slides, landslides, avalanches, rockslides or other disasters which
could cause a system operational breakdown.
The proposed Black Lake No. 1 Enlargement embankment dam has been designed
with appropriate earthquake, landslide, and flood considerations in accordance with the
requirements of the State Engineer and the Colorado Geological Survey. There are no known
significant geologic or snowslide risks at the project site.
19. (6.04.15.1.s.) Any proposed domestic water treatment and
distribution system is capable of providing water meeting
the requirements of the Colorado Department of Health.
The Colorado Department of Health regularly monitors the Vail Valley Consolidated
Water District system and domestic water quality consistently meets its criteria.
F"
442896 B -546 P -753 01/29/91 16:48 PG 18 OF 23
20. (6.04.15.1.t.) (6.05.15.1.i.) 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.
No structures, buildings or improvements associated with the project will be built in the
development area, so the project will not affect the Town of Vail, which is the only existing or
proposed community in the development area.
The new dam associated with the Black Lake No. 1 Enlargement has been designed
using the stringent criteria of the State of Colorado and the U.S. Forest Service to insure dam
safety under the most adverse probable conditions. The Colorado State Engineer has approved
the plans and specifications for the dam. This ensures that the project will not significantly
affect the only existing or proposed community in the development or source development
area-
The construction and operation of the proposed Black Lake No. 1 Enlargement Project
will generally have a positive impact on the economy and social aspects of communities in the
Gore Greek drainage. Construc€con of the dam will employ approximately 20 workers who will G
easily be absorbed into the current population base. Some construction personnel will, no t'
doubt. come from the local area.
Since the economy of the area is largely based on recreation, and the project is
expected to provide increased recreation opportunities, the project is expected to benefit the
local economy. increased recreation opportunities will include a larger lake fishery, improved
by annual stocking, an improved or at least a protected stream fishery, and better skiing
conditions at Vail Mountain.
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442896 B -546 p -753 01/29/91 16:48 FAG 19 OF 23
'g
B. Section 6.05, Eagle Countv Land Use Regulations.
Concerning Article 6.05.15, the Black Lake No. 1 Enlargement Project meets the approved
criteria as enumerated below. Where the criteria is addressed in I.A. above, it is not
separately shown below.
1. (6.05.15.1.c) Municipal and industrial water projects shall em-
phasize 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.
A principal purpose of Vail Valley Consolidated Water District's augmentation plan is
to enable the District to make efficient use of the water available to it. Essentially all
customers in the Vail Valley Consolidated Water District are metered and service fees are
based on consumption. Shower head restrictions and low water use toilet fixtures are required
by building code. The snowmaking point of diversion is located just downstream of the Vail c'=
Wastewater Treatment Plant. This accomplishes two purposes:
s
a. Impact on stream flows is minimized because 95 percent of the water
diverted for municipal purposes has returned to the stream before water
is diverted for snowmaking purposes; and
b. Water is used more efficiently because, to a large extent, the snow-
making water supply reuses treated water first used for municipal
purposes.
The District has also adopted a Water Conservation Plan (March 12, 1990) (S -11),
which establishes the policy of the District to minimize waste and encourage efficient utilization
of water resources.
It is of concern that testimony by the Districts Engineer indicated accounted for loss
of water within the system ranging from 100,000 gallons per day to 1,000,000 gallons per
day. Although some efforts have been made to account for this water, more efforts need to
be made.
Because this is a water supply project, the provisions regarding design and layout of
stormwater and sanitation systems are inapplicable.
2. (6.05.15.1.d.) Provisions to insure that the proposed water
project will not contaminate surface water resources.
To control sedimentation during the construction phase, Vail Valley Consolidated Water
District will construct sedimentation ponds to collect run -off from areas disturbed by
construction. Water released from these ponds will be subject to NPDES permit requirements.
Dam construction impacts will be temporary, and once construction is completed and exposed
lands are reclaimed, water quality will return to pre - project conditions.
-20-
442896 B -546 R -753 01/29/91 16448 PG 20 OF 23
3. (6.05.15.1.e.) The proposed
providing water pursuant to
Department of Health.
water project is capable of
standards of the Colorado
Water provided by the project will supply augmentation water to Black Gore Creek and
Gore Creek and will maintain the Class I Cold Water Fisheries standard. The Department of
Natural Resources approved the project as a means of maintaining the fishery and other
instream values
4. (6.05.15.1.h.) The salinity and advanced wastewater treatment offset Plans
required by Subsections 6.05.13(16) and (17) have been approved by the
Permit Authority required fees associated therewith, if any, have been paid.
The proposed project will not divert water from the natural drainage of the Colorado
River within Eagle County. Downstream flow changes caused by the proposed development
wilt not be sufficient to result in any measurable change in existing salinity concentrations.
Therefore, no mitigation is needed to offset salinity impacts .
The proposed development will not affect waste load allocations or effluent limits for
wastewater treatment plants on Gore Creek or the Eagle River. Wastewater treatment plants
in the Eagle River Basin were designed to meet waste load requirements under low flow
conditions and in anticipation of the future population growth that this project has been
designed to serve-
These wastewater treatment plants are operating sufficiently within their permitted waste
foal allocations to accommodate the proposed development without any cost increases.
Therefore, no advanced wastewater treatment offset plans are required.
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442896 B -546 P -753 01/29/91 16:48 PG 21 OF 23
II. DECISION.
Based on the Vail Valley Consolidated Water District's compliance with Eagle County's
HB 1041 decision criteria set forth above, the Board of County Commissioners authorizes the
issuance of permit for:
a. a major extension of an existing water collection system; and
b. efficient utilization of municipal water projects to Vail Valley Consolidated
Water District to construct the Black Lake No. 1 Enlargement.
with the following conditions:
1. Prior to construction of the improvements authorized under the permit, the applicant
shalt prepare, and, if sufficient, the Board of County Commissioners shall review and approve
the following:
a- Detailed construsifon drawings and operational plans of the improvements and of
the mitigation sites. These drawings shall include the specific design, location and
procedures for controlling non -point source run -off during construction. The temporary
water quality control plan should be in accordance with the Upper Eagle Valley Non -Point
Source Control Plan. The plan shall include details related to maintaining the ongoing
effectiveness of the wetlands mitigation.
b- Performance standards for the mitigation sites which measure the effectiveness of
the mitigation in terms of established goals in replacing the functional value of the wetlands
lost and related to water quality, hydrology, vegetation, wildlife, and other concerns
identified in the application, in the environmental assessment, and at the hearing. Said
performance standards shall set a level of performance at which the mitigation is
acceptable.
c. A plan for monitoring compliance with the established performance standards for
the wefland mitigation sites.
2. If the plan for the improvements or the mitigation plan fails, in whole or in part, the
permit may be suspended by the Board. The Board may reopen the hearing and require the
submission of proposed modifications by the District which address the failure.
3. There shall be an annual report prepared by the applicant and submitted for review
by the Board of County Commissioners. The format to include but not necessarily be limited
to a discussion of the operation of the improvements, a review of the compliance with the
established performance standards for the wetland mitigation sites and a review of the effect
of winter low flows on Gore Creek water quality. The report and review shall also address any
inconsistencies between the project and its effects and the assumptions used in designing the
project and the mitigation plan, given through testimony of experts or as otherwise was part
of the application, and upon which the approval was granted. This shall include but not be
limited to the occurrence of the flow of Gore Creek dropping below 6 feet per second at the
Vail Gage. The report and review shall also address any relevant impacts which were
unidentified prior to approval. Upon proper notice, the Board may hold hearings on and issue
orders with regard to any areas of concern upon review of the annual report. The format for
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442896 8 -546 P -753 01/29/91 16:48 PG 22 OF 23
said annual review shall be proposed by the applicant and approved by the Board prior to the
issuance of the permit.
4. The applicant shall continue the implementation of its Water Conservation Plan,
including public education. The applicant shall also design a plan, with performance goals,
to account for, and if appropriate control, water that remains otherwise accounted for within
its system. Said plan shall be submitted for approval prior to the construction of the project.
Effectiveness of the plan shall be reviewed as part of the annual report described above.
The Board may reopen this application if the problem is not properly addressed.
5. In the event that the underlying authority of the Board to issue this permit is
withdrawn, this approval and the related conditions shall remain in effect under the Board's
authority to issue a Special Use Permit for this project.
MOVED, READ AND ADOPTED by the Board of County Commissioners of
the County of Eagle, State of Colorado, at its regular meeting held the 28th day of g
January, 1991. t
v County Commissioners
Commissioner
foregoing Resolution. ThE
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its
BOARD OF COUNTY COMMISSIONERS
By: �� _ L,, ifj.
George
Commissioner George A.
Gates
may' -
Commissioner Donald H.
Welch
,
Commissioner Richard L.
Gustafson
/1-� �-
This Resolution passed by U.1/#W•`/K0g5 vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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442896 B -546 P -753 01/29/91 16:48 PI3 23 OF 23