Loading...
HomeMy WebLinkAboutR91-013 1041 for Spring Creek Water Supply Systemi A-42897 B -546 P -754 01/29/91 16:48 PG 1 OF 14 REC DOC TOHNNETTE PHILLIPS EAGLE COUNTY CLERK, COLORADO 0.00 0.00 Commissioner W 57 moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS acting as the EAGLE COUNTY PERMIT AUTHORITY COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 91- i.9 WHEREAS, the Eagle and Colorado Valley Planning Commission and the Board of County Commissioners of Eagle County have conducted public hearings, after publication and notice as required by law, to consider an application submitted by Vail Valley Consolidated Water District for an H.B. 1041 Permit for (a) site selection and construction of a major new domestic water system; (b) major extension of an existing domestic water system; and (c) efficient utilization of municipal water projects, to permit the construction of Phase I of the project known as Spring Creek Water Supply System. The District has previously requested and has been granted a waiver of a Special Use Permit for the project; and WHEREAS, the Town of Eagle objected to the hearing based on improper notice; and WHEREAS, the Eagle and Colorado Valley Planning Commission and the Board of County Commissioners have considered all the evidence, exhibits and arguments presented. THEREFORE, based on the evidence presented at the hearings, the Board of County Commissioners ( "Board ") adopts the following Findings of Fact 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 § 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 bold type. The project pending before Eagle County for approval pursuant to the foregoing guidelines is known as Phase I of the Spring Creek Water Supply System. I. Objection to the Notice of the Hearing The Board denies the Town of Eagle's objection to the notice of hearing and finds that neither the Town of Eagle nor its water system are within the development area or the source development area, and are not directly or indirectly affected by the approval or disapproval of the proposed Phase I of the Spring Creek system. Therefore, no individual notice was required to be given to the Town. The Board further finds that the published notice of the hearing was properly given. The Board further finds that the Town Manager and the Town Attorney had actual notice of the application at least two and one -half weeks prior to the hearing. c �1 II. H.B. 1041 PERMIT DECISION CRITERIA SITE SELECTION & CONSTRUCTION OF MAJOR NEW DOMESTIC WATER AND SEWAGE TREATMENT SYSTEMS APPROVAL CRITERIA 6.03.15 APPROVAL OF PERMIT APPLICATION: A permit application for site selection and construction of a major new domestic water or sewage treatment system shall be approved with reasonable conditions, if any, in the discretion of the Permit Authority, if the proposed development complies with the following criteria; a. New domestic water and sewage treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems of communities within this County within the development area and source development area; Phase I of the Spring Creek Water Supply System is designed to enable Vail Valley Consolidated Water District to serve anticipated growth and development in the development area, including primarily the Eagle County Regional Airport. Vail Valley Consolidated Water District currently has adequate funds to build and operate Phase I. The development and source development areas include the Town of Gypsum, commercial and residential units located within the unincorporated areas of Eagle County, and the Eagle County Regional Airport. Vail Valley Consolidated Water District and Eagle County own or control all the water rights necessary for the project in the source development area. The Town of Eagle is outside of and has no water rights in the development area and the source the development area. Development of the Spring Creek system would not cause improper utilization of existing treatment plans. Spring Creek may become a logical extension to the Town of Gypsum 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; The Airport Sub -Area Mater Plan, adopted August 6, 1985, recommends that the Town of Gypsum's water main be extended along Cooley Mesa Road to service the Airport area. In the event that the Spring Creek system were developed, it would seem logical and appropriate that the Spring Creek system would ultimately be combined with the Gypsum system to provide additional sources of water and to expand their system which is closest to the source, and it seems to be consistent with the requirements of the Master Plan that the Gypsum water supply be considered in the event that these two systems are brought together. No conclusive evidence was submitted at the hearing of the Town of Gypsum's willingness or ability to provide water service at the Airport. Phase I is not in conflict with existing water plans for the extension of the Gypsum system. -2- 442897 B -546 P -754 21/29/91 16-AS PG 2 OF 14 m 2. C- C x Phase I is consistent with and would assist the attainment of the following goals of the Eagle County Master Plan in that it encourages and strengthens the recreation and tourism industries as well as protects the economy of the county and the lifestyles of its inhabitants. Finally, this project is consistent with the existing Regional 208 plan. C. The proposed development does not adversely affect either surface or subsurface water rights to upstream or downstream users; Augmentation Plan The District and the County have reached agreements with all of the users of water rights on Spring Creek except for Betty Compton, who has expressed no opposition to the project. The District has already made arrangements to construct a well to provide replacement water to Ms. Compton. Green Mountain Reservoir The augmentation plan will allow the District to contract with the U.S. Bureau of Reclamation for water service from Green Mountain Reservoir. The County has already entered into a short-term contract with the Bureau. Water will be released from Green Mountain Reservoir to replace the District's Eagle River 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 non - irrigation season, the Shoshone Power Plant is the senior water right that the District must satisfy in order to divert water from Spring Creek. Phased 1 Proposed Operation The proposed project would be constructed in two phases. Phase I, which is the subject of this permit application, would involve the construction of an intake system on Spring Creek approximately 2.5 miles south of the Eagle County Regional Airport, a 140,000 gallons per day water treatment plant with a 250,000 gallon storage tank, and transmission lines from the intake to the treatment plant and from the treatment plant to the Eagle County Regional Airport. Phase I will divert from Spring Creek at a maximum rate of 100 gpm. Phase II would increase storage, treatment capacity, and would provide service to an expanded area. Only Phase I is before the County on this application. d. Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational needs; The water supply derived from Spring Creek is of high quality at the diversion point and the proposed treatment plant will be able to provide adequate water supply as required by the Colorado Department of Health. e. Existing domestic water treatment systems servicing the area must be at or near operational capacity; -3- 442897 B -546 P -754 01/29/91 16:48 PG 3 OF 14 f 3 l The Eagle County Regional Airport is currently served by a 10 -gpm (14,000 gpd) well and a 6,000 gallon storage tank. This system is inadequate because water quality does not meet drinking water standards and water quantity is not sufficient to satisfy domestic, industrial, and fire protection needs. The Town of Gypsum's water system is capable of servicing the area and has an excess physical capacity to provide approximately 80,000 gallons per day. The Town of Gypsum's ability to serve the area may be legally limited due to deficient water rights. f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80 %) of operational capacity; Not applicable. 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 has exclusive jurisdiction for supplying water to the Airport because the Airport is included within the District. There is presently no service (except as noted) at the Airport. There are no plans for other systems which will compete with Phase I. h. Age of existing water and sewage systems, operational efficiency, state of repair or level of treatment is such that replacement is warranted; The existing airport water system does not have the capacity or water quality to provide long -term water to the airport and therefore replacement is warranted. L Area and community development and population trends demonstrate clearly a need for such development; The community development and population trends clearly demonstrate the need for an improved water supply for the development area. The Eagle County Regional Airport has undergone extensive expansion and direct commercial airline flights are arriving from major U.S. cities. The current airport water system does not meet Federal Aviation Requirements for fire protection. Water needs for the Airport will require up to 80,000 gallons per day at build -out. j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; Not Applicable ME 442897 13-546 P -754 01/29/91 16:48 PG 4 OF 14 r k. Appropriate easements can be obtained for any associated collector or distribution system that will serve existing and proposed needs; It appears that easements have been obtained. The Right -of -Way permit for Bureau of Land Management lands is expected shortly. I. 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. Continued strengthening of the recreation industry within Eagle County. b. Phase I will provide a water supply for the Airport. In, addition, the proposed water supply system is designed to meet requirements of the Insurance Service Office for fire suppression rates and would allow the Airport to obtain an insurance rating. Losses of natural resources and agricultural lands are insignificant. See discussion under 6.04.15.1.0 below. The benefits outweigh the losses. 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 Commissions as established on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted; There do not appear to be any significant impacts to water quality that would violate standards designated by the Colorado Water Quality Control Commissions as established on May 22, 1979, or more stringent standards subsequently adopted. 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 Phase I on waste load allocations and other water quality parameters including total dissolved solids, hardness, and metals concentrations will be negligible. As a result of construction, water quality may actually improve. There will be no measurable impact associated with the operation of Phase I on Spring Creek on the Eagle River. n. The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards; There do not appear to be any significant air quality impacts associated with this project. -5- 442897 B -546 P -754 01/29/91 16:48 PG 5 OF 14 33 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 outdoor recreation areas, and unique areas of geological, historic or archeological importance; Wetlands The Spring Creek Drainage includes approximately 4.82 acres of wetlands. The estimated wetland loss as a result of Phase I diversions is .04 acres. The mitigation plan shall require a minimum by -pass flow to maintain the stream ecology. The first part of the test for significant deterioration consists of an analysis of wetlands functions and species. The evidence showed no loss of wetlands unique in function or species. See exhibit A -16. The next part of the test for significant deterioration consists of an analysis of the mitigation plan in terms of the ability of the mitigation to perform the function of the lost wetlands. For Phase 1, compliance with the BLM mitigation requirements is sufficient to address the function of the .04 acres of wetlands lost. The groundwater recharge characteristics of the Spring Creek basin will not significantly change. Other concerns Any steep slopes or unstable terrain will be avoided or the construction will be properly engineered to minimize geologic hazards. The area serves as winter range for big game. The Colorado Division of Wildlife has recommended revegetation with a seed mix that will provide forage for wildlife. There are no known migratory ponds or nesting areas that will be impacted by this project. There have been no recorded threatened or endangered species in the immediate area of this project. If a threatened or endangered species is found on the site during construction, work should cease until the impact of the project on the species is determined and a course of action is determined. There are no known areas of unique geologic interest. A "Cultural Resource Inventory of the Spring Creek Water Line" discovered one prehistoric site, 5EA930, and four isolated finds. The only discovery considered significant and eligible for the National Register is site 5EA930. To avoid this site, an alternate pipeline routing is recommended. Whichever pipeline route is chosen, a qualified archeologist should be on site during construction to perform open pit inspections. p. The proposed development or its associated collector or distribution system will not significantly degrade existing natural scenic characteris- tics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors; The proposed project will not significantly create blight, nor cause nuisance factors such term impacts during construction but they will r degrade existing natural scenic characteristics, as noise or odors. There will be some short of be significant. 0 442897 8 -546 P -754 01/29/91 16;48 PG 6 DF 14 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; Any financial burden created by the system will not be undue. Phase I will not significantly affect the cost of existing and future water needs of Eagle County residents because the service area is not within the boundaries of any other provider and because Phase I is a cost effective project for those who pay its costs. r. The salinity and advanced wastewater treatment offset plans required by Subsections 6.03.13 (7) (b) (6) and 6.03.13 (8) (e) have been approved by the Permit Authority and required fees associated therewith, if any, have been paid; + Y� Not Applicable s. The construction of structures, building and improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area; The direct impact due to construction of buildings and improvements associated with the Spring Creek water supply will not significantly impact existing or proposed communities within the development area and source development area. t. The development site of a major new domestic water or sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rockslides or other disasters which could cause a system operational breakdown; The only significant natural hazard that has been identified is the potential for unstable geologic conditions, and site - specific engineering can mitigate this potential for operational breakdown. -7- 442697 P -546 P -754 01/29/91 16:48 PG 7 OF 14 APPROVAL CRITERIA 6.04.15 APPROVAL OF PERMIT APPLICATION: 1. A permit application for a major extension of existing domestic water and sewage treatment system shall be approved with reasonable conditions, if any, in the discretion of the Permit Authority, if the proposed development complies with the following criteria: 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 and source development area to sustain such growth and development. This is a "Major Extension" of the geographic boundary of water supply district. See Section 6.03.15 (a) for specific comments. 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; Same as Section 6.03.15 (b) C. The proposed development does not adversely affect either surface or subsurface water rights of upstream or downstream users; Same as Section 6.03.15 (c) d. Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational needs; Same as Section 6.03.15 (d) e. Existing domestic water treatment systems servicing the area must be at or near operational capacity; Same as Section 6.03.15 (e) f. Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent (80 %) of operational capacity; Not Applicable 442897 B-546 P -754 01/29/91 16.48 PG 8 OF 14 g. The scope and nature of the proposed development will not compete with existing water and sewage services or create duplicate services; Same as Section 6.03.15 (g) h. Age of existing water and sewage systems, operational efficiency, state of repair or level of treatment is such that replacement is warranted; Same as Section 6.03.15 (h) i. Area and community development and population trends demonstrate clearly a need for such development; Same as Section 6.03.15 (i) j. Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division; Not applicable k. Appropriate easements can be obtained for any associated collector or distribution system that will serve existing and proposed needs; Same as Section 6.03.15 (k) I. 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; Same as Section 6.03.15(1) 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; Same as Section 6.03.15(m) n. The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards; Same as Section 6.03.15(n) M 442897 B -546 P -754 01/29/91 16:48 PG 9 OF 14 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 outdoor recreation areas, and unique areas of geologic, historic or archeological importance; Same as Section 6.03.15(o) p. The proposed development or its associated collector or distribution system will not significantly degrade existing natural scenic character- istics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors; Same as Section 6.03.15(p) 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; Same as Section 6.03.15(q) The development site of a proposed extension of an existing domestic water or sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rockslides or other disasters which could cause a system operation breakdown; Same as Section 6.03.15(t) S. Any proposed domestic water treatment and distribution system is capable of providing water meeting the requirements of the Colorado Department of Health; Same as Section 6.03.15(d) 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; Same as Section 6.03.15(s) -10- 442897 B -546 P -754 01/29/91 16:48 P6 10 OF 14 _a EFFICIENT UTILIZATION OR MUNICIPAL AND INDUSTRIAL WATER PROJECTS APPROVAL CRITERIA 6.05.15 APPROVAL OF PERMIT APPLICATION: 1. A permit application for development of a municipal or industrial water project shall be approved with reasonable conditions, if any, in the discretion of the Permit Authority, if the proposed development complies with the following criteria: a a. The need for the proposed water project can be substantiated; The need for the project can be substantiated due to the extensive growth at the Eagle County Regional Airport. The existing water supply for the airport is inadequate because it does not meet minimum drinking water standards and it is deficient for fire protection. b. Assurances of compatibility of the proposed water project with Federal, State, Regional and County planning policies regarding land use and water resources; Same as Section 6.03.15(b) C. Municipal and industrial water projects shall emphasize the most efficient use of water, including, to the extent permissible under existing law, the recycling and reuse of water. Urban development, population densities, and site layout and design of stormwater and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas; The applicant has proposed a Water Conservation Plan that, if implemented, will assure efficient use of water. To the extent permissible under existing law, irrigation should be accomplished with non - treated water. The pollution of the aquifer recharge area does not appear to be an issue. d. Provisions to insure that the proposed water project will not contaminate surface water resources; The proposed water project will not directly contaminate surface water resources. The quality of Spring Creek deteriorates as it flows downstream due to contact with mineralized soils. This form of water degradation will continue to occur. -11- 442897 5 -546 P -754 01/29/91 16:48 PG 11 OF 14 r e. The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health; Same as Section 6.03.15(d) The proposed diversion of water from the source development area will not decrease 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 10, 1979, or more stringent standards subsequently adopted; Same as Section 6.03.15(m) g. The proposed development and the potential diversions of water from the source development area will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forests and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public outdoor recreational areas, and unique areas, and unique areas of geologic, historical or archeological importance; Same as Section 6.03.15(o) 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; Not applicable 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; Same as Section 6.03.15(s) -12- 442897 B -546 G -754 41/29/91 16:48 PG 12 Or 14 ill. 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 of Eagle County hereby grants an HB 1041 permit, subject to the conditions listed below, for: A. Site selection and construction of a major new domestic water system; B. A major extension of an existing water collection system; and C. Efficient utilization of municipal water projects. The following conditions apply to said permit: 1. A landscape plan including irrigation of non - treated water and water conservation plan shall be developed and implemented for the Airport PUD; 2. The best available technology shall be used to control fugitive dust during construction; 3. The following environmental mitigations shall be implemented: a. Re- seeding of the disturbed area with acceptable plants; b. Fertilization of those areas of the range that are affected; c. Construction shall not begin before March 15, 1991, and shall be completed before December 15, 1991. d. Compliance with the BLM permit conditions related to wetlands loss and loss of aquatic habitat. The conditions shall address replacement of the functional value of identifiable losses. Failure to replace functional losses may constitute a violation of this permit and this application may be reopened for further hearing at the discretion of the Board of County Commissioners. A final report describing mitigation measures taken shall be filed with the Board of County Commissioners annually for five years after completion of construction of the project. 4. The State Engineer and Water Court shall approve the water allotment contracts and augmentation plan prior to construction; 5. The 1041 approval shall be up for review every two years until either disposed of or implemented. -13- 442897 B -546 P -754 01/29/91 16.48 PG 13 OF 14 Qy 4� 3 x Sx MOVED, READ AND ADOPTED by the Board of County ommissioners of the County of Eagle, State of Colorado, at its regular meeting held the`i -a- day of January, 1991. ;lerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS George �... el - Commissioher Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welchrq y Commissioner George A. Gates _ Commissioner Richard L. Gustafson _ This Resolution passed by I vote of the Board of County Commissioners of the County of Eagle, State of Colorado. -14- 442897 B -546 P -754 01/29/91 16:48 PG 14 OF 14 a r I