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R85-11 LUR amendments chapters 1-5302774 J01-01HET1'E PHILLIPS EAGLE GTY, REDO ?DER Commissioner / fE8 13 moved adoption - -o-f the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 85- %/ A RESOLUTION READOPTING AND AMENDING CHAPTERS 1 THROUGH 5, INCLUSIVE, OF THE "GUIDELINES AND REGULATIONS FOR AREAS AND ACTIVITIES OF STATE INTEREST OF THE COUNTY OF EAGLE, STATE OF COLORADO ", RESOLUTION NO. 80 -25, AS SPECIFICALLY AMENDED BY RESOLUTION NOS. 80 -34 AND 84 -20, RESPECTIVELY 2 43 PM °65 WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado ( "Board "), is authorized pursuant to Article 65.1, Title 24 of the Colorado Revised Statutes, to establish and designate certain areas and activities of State interest; to adopt regulations and guidelines to be used in connection with such designated matters of State interest; to establish and designate a Local Permit Authority to receive applications for development in or conduct matters of State interest; and to exercise other powers in connection therewith; and WHEREAS, the Board, on April 14, 1980, pursuant to Resolution No. 80 -25, established and designated the following activities of State interest: (a) Site selection and construction of major new domestic water and sewage treatment systems; (b) Major extensions of existing domestic water and sewage treatment systems; and (c) Efficient utilization of municipal and industrial water projects; adopted regulations and guidelines to be used in connection with matters of State interest; established the Board of County Commissioners of the County of Eagle as the Eagle County Permit of Authority to receive applications for development in an area of State interest or for conduct of an activity of State interest, and to exercise other powers granted it in connection therewith; adopted certain forms to be used in designating matters of State interest, and a permit application and permit form for development in or conduct of a matter of State interest; and provided for a reasonable fee for the cost of processing a permit application and hearings in connection therewith; and WHEREAS, the Board, on June 6, 1980, pursuant to Resolution No. 80 -34, amended Resolution No. 80 -25 to reflect technical changes recommended by the Colorado Land Use' Commission; and WHEREAS, the Board, on May 9, 1984, pursuant to Resolution No. 84 -20, substantively amended Resolution No. 80 -25, as amended by Resolution No. 80 -34; and WHEREAS, the Board desires to technically amend Chapters 1 through 5, inclusive, of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25, as specifically amended by Resolution Nos. 80 -34 and 84 -20, respectively, for the purposes of correcting typographical and technical errors; renumbering the present Chapters to correspond with the numbering system of the Eagle County Land Use Regulations, 1982, as amended ( "L.U.R "), and to incorporate the same into the L.U.R. as Chapter VI, as specifically provided for in Resolution No. 82 -26; and amending Sections 4- 103(2)/6.04.03(2) and 4- 103(3)/6.04.03(3) regarding the definitions of a major extension of an existing domestic water treatment system and a major extension of an existing sewage treatment system, and Section 4- 304(5)(g)/6.04.13(5)(g) regarding submission requirements for major extensions of existing domestic water and sewage treatment systems to accurately reflect the Board of County Commissioners' actions of April 25, 1984, in amending the aforementioned Sections and, in conjunction therewith, to correct Resolution No. 84 -20; all of the foregoing technical amendments and revisions being set forth in Exhibit A attached hereto and incorporated herein by this reference; and WHEREAS, public notice of the hearing before the Board to consider the aforementioned technical amendments was duly published in the Eagle Valley Enterprise at least thirty -2- b - (30) days prior to but within sixty (60) days of such hearing; and WHEREAS, copies of the proposed technical amendments have been made available to the public at the offices of the Board and the Eagle County Department of Community Development continuously from and including the date of first publication of notice of public hearing described in the paragraph next above; and WHEREAS, the Board has been granted general authority by the State Legislature to adopt such proposed amendments as set forth in Exhibit A; and WHEREAS, the Board, having considered all of the testimony, regulations, guidelines, exhibits and other evidence presented at the aforesaid public hearing, finds that it is necessary and in the public interest to amend and readopt Chapters 1 through 5, inclusive, of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25, as specifically amended by Resolution Nos. 80 -34 and 84 -20, respectively, to reflect the technical amendments and revisions as set forth in Exhibit A attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: it THAT, Chapters 1 through 5, inclusive, of the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25, as specifically amended by Resolution Nos. 80 -34 and 84 -20, respectively, are hereby amended as set forth in Exhibit A attached hereto and incorporated herein by this reference. THAT, the entirety of Chapters 1 through 5, inclusive, of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25, as specifically amended by Resolution Nos. 80 -34 and 84 -20, respectively, and as herein amended, are hereby readopted. THAT, this amendment and readoption of the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado ", Resolution No. 80 -25, as specifically amended by Resolution Nos. 80 -34 and -3- 84 -20, respectively, shall not constitute nor be construed as a waiver of any violations existing at the time of the adoption -of this - Resolution. - - -- THAT, pursuant to Resolution No. 82 -26, Exhibit A attached hereto, is hereby incorporated into the Eagle County Land Use Regulations, 1982, as amended, as Chapter VI. THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached Exhibit, be declared by a court of competent jurisdiction, to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the part so declared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution is necessary for the health, welfare and safety of the citizens of Eagle County, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the day of 1985. s E k COUNTY OF EAGLE STATE OF COLORADO p �'._ By and Through its ATTE`ST,:`.• BOARD OF COUNTY COMMISSIONERS J` ! By: ti B er "'d the oar County Commissioners Donald-q. We ch, o issioner -4- Commissioner GsT�Q�-jOA) seconded adoption -of the - for- egoing resaLution. Trie roll having been called, the vote was as follows: Commissioner David E. Mott e Commissioner Richard L. Gustafson Commissioner Donald H. Welch J2-1 This Resolution passed by6jd,4)I/Yj6a vote of the Board of County Commissioners of the County of Eagle, State of Colorado. �r -5- CHAPTER 6 AREAS AND ACTIVITIES OF STATE INTEREST 6.01 ADMINISTRATIVE REGULATIONS INTRODUCTORY AND GENERAL PR0VISIOP7S 6.01.01 Title and Citation 1) These various sections and subsections that are organized into a comprehensive set of regulations are entitled and may be cited as the "Guidelines and Regulations for .Areas and Activities of State Interest of the County of Eagle, State of Colorado." 2) This Section 6.01 -is entitled and may be cited as the "Administrative Regulations." 6.01.02 Purpose and Findings 1) The purpose of these Regulations is to facilitate identification, designation, and administration of matters of State interest consistent with the statutory requirements and criteria set forth in Section 24- 65.1 -101, et sea., C.R.S., and Guidelines for Identification and Designation approved by the Colorado Land Use Commission. 2) The Board of County Commissioners, County of Eagle, State of Colorado, -finds that: a) The notice and public hearing requirements of Section 24- 65.1 -404, C.R.S., have been followed; b) These regulations are necessary because of the intensity of current and foreseeable development pressures on and within the Countv of Eagle; c) These regulations were adopted after taking into consideration applicable guidelines adopted and issued by the Colorado Land Use Commis s ion d) These regulations apply to the entire unincorporated territory of the County of Eagle, e) These regulations interpret and apply to any regulations adopted for specific areas of Ctate interest and specific activities of State interest_ which have been or may be designated by the Board of County Commissioners of the County of Eagle, State of Colorado. 6.01.03 Authority These regulations are authorized by, inter alia, Section 24 -65.1 -101, et seq.; Section 30-28 -101, et seq.,; Section 30 -28 -201, et seq.; Section 29-20 -101, et seq.; and Section 24 -32 -111, C.R.S. 6.01.04 Applicability These regulations shall apply to all proceedings concerning identification and designation of and developments in anv area of State interest or any activity of State interest which has been or may hereafter be designated by the Board of Countv Commissioners of the County of Eagle, State of Colorado. 6.01.05 Exemptions The portions of these regulations authorized exclusively under Section 24- 65.1 -101, et sea., C.R..S., shall not apply to any development in an area of State interest or anv activity of State interest if, on the effective date of the adoption of these regulations: 1) The specific development or activity was covered by a current building permit issued by the County of Eagle; 2) The specific development or activity was directly approved by the electorate of the state or the County of Eagle; provided that, approval by the electorate of any bond issue by itself shall not be construed as approval of the specific development or activity; 3) The specific development or activity is on land Which has been finally approved, with or without conditions, for planned unit development or for use other than a subdivision, substantially the same as planned unit development; K 4) The specific development or activity is on land which was either zoned or rezoned in response to an application which specifically contemplated said specific development or activity, or 5) The specific development or activity is on land with respect to which a final plat for a subdivision had been approved, with or without condition, pursuant to the provisions of Section 2 -11 of Chapter 81, Session Laws of Colorado 1972, codified at Sections 30 -28 -101, 110, 133, 136, and 137, C.R.S. 6.01.06 Interpretation with Other Enactments and plans 1) Whenever the provisions of these Regulations are found to be inconsistent with any other resolution, ordinance, code, regulation, other enactment or master plan of the County of Eagle, the enactment imposing the more restrictive standards or requirements shall control. 2) In the event that these Regulations are round to be less stringent than the statutory criteria for administration of matters of State interest set forth in Section 24 -65.1 -202, C.R.S., the statutory criteria shall control. 3) In the event that these Regulations are found to be more stringent than the statutory criteria for administration of matters of State interest set forth in Sections 24- 65.1 -202 and 24 -65 -1 -204, C.R.S., these regulations shall control _pursuant to the authority of Section 24- 65.1 - 402(3), C.R.S. 6.01.07 Paps 1) Each map referred to in designations and regulations for any particular matter of State interest adopted by the Board of County Commissioners of the County of Eagle is deemed adopted therein as if set out in full. 2) Maps referred to in any such designation and regulations shall be filed with and be available for inspection at the office of the C1erY, and Recorder of the County of Eagle and shall also be available for inspection in the office of the Board of County Commissioners and the office of the Department of Community Development. 6.01.08 Duties of the Board of County Commissioners 3 6.01.09 6.01.10 Unless otherwise specifically provided, it shall be the duty of the Board of County Commissioners to perform all functions set forth in all rea_ulations for matters of State interest. Severability If any section, clause, provision, or portion of these Regulations should be found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of these Regulations shall not be affected thereby and is hereby declared to be necessary For the public health, safety, and welfare. Definitions The words and terms used in these Regulaitons :Eor administration of areas and activities of State interest shall have the meanings set forth below unless the context requires otherwise: 1) 2) 3) 4) Board of County Commissioners Board of County Commissioners means the Board of. County Commissioners, County of Eagle, State of Colorado. Designation Designation means only that legal procedure specified by Section 24 -65.1 -101, et seq., C.R.S. It is carried out by the Board of County Commissioners. Development nevelopment means any construction or activity which chances the basic character or the use of the land on which the construction activity occurs. Layman's Description Layman's Description means a general, nonlegal description and the popular name, if any, of the tract of land upon which the activity or development is to be conrlucted. The term "general description" means "lavman's description." 12 5 ) 6) 7) o) Q� 10) 11; J Legal Description Legal Description means any description from whicJ, it is possible to locate accurately on the ground the boundaries of the land being described. Matter of State Interest Matter of State Interest means an area of State interest or an activity of State interest or both. Permit Authority Permit Authority means the Board of County Commissioners, or a designee thereof. Person Person means any individual, partnership, corporation, association, corpany, or other public or corporate body, including the federal government, and includes any political subdivision, agency, instrumentality, or corporation of the State or the United States government. Receipt of Application Receipt of Application means the time at which the completed application is accepted by the Permit Authority. Regulations Regulations means both guidelines as the terms 24- 65.1 -101, et seg., C Technical Step regulations and are used in Section .R.S. Technical Step in identification of an activity Of State interest is the act of formulating a plan or program for the administration of any one of the activities of State interest in a specific jurisdiction consistent with the criteria of Section 24 -65.1 -204, C.R.S. An identification of an area of State interest is the act of viewing and preparing a description of the land within the borders of 4 3 which is located that area of State interest. 6.01.11 Identification, Master Plan and Planning Commission Amended by Resolution 1) Identification of Matters of State Interest No. 80 -34 -- Technical Step. The technical step in the Dated: 6/6/80 identification of anv matter. of State interest shall be made by report and must be completed. =or the appropriate matter of State interest before the identification is adopted. 2) Adoption of Identification -- Inclusion in Master Plan. After completion of the technical step, identification by the Eagle County Planning Commission is completed when adopted as part of the Eagle County Master Plan or is completed by the Board of County Commissioners of Eagle County when a designation or req_ulation based thereon is adopted. 3) Adoption of Identification by the Planning Commission -- Procedures to be followed: a) Adoption of identification shall be accomplished under the same procedures followed for adoption of the master plan as well as the following additional procedures: b) The "careful and comprehensive studies and surveys" upon which the master plan must be based pursuant to Section 30 -23 -107, C.R.S., as amended, shall include the technical step as described in Subsection 6.01.11(1) hereinabove. c) At least thirty (30) days before adoption of official identification as part of the master plan, a summary of the proposed official identification shall be submitted to the Division of Planning, Department of Local Affairs, for review and advisory recommendations. If any other local governmental jurisdiction would be directly or indirectly affected, the proposed identification shall, in addition, be submitted to such government and to the Regional Planning Commission and/or Council of Governments. 6 d) The Planning Commission's adoption of the identification as part of the Master Plan shall be made by resolution. Before adoption, the Planning Commission shall hold at least one public hearing thereon, with notice of the hearing given by publication in a newspaper of general circulation in the County, and with the notice of the hearing being given to all members of the news media in the County as determined to be appropriate by the County. Adoption shall refer to any maps and descriptive matter intended to be a part of the identification. The action taken shall be recorded on any such map or desriptive matter by the signature of the Chairman or Secretary of the Eagle County Planning, Commission e) Once the identi_ication is adopted, as part of the Eagle County Master Plan, the Eagle County Planning Commission shall certify a copy of the identification to the Board of County Commissioners of Eagle County and shall send a copy or summary of the identification to the Division of Planning, Department of Local Affairs. DESIGNATION OF MATTER OF STATE INTEREST 6.01.12 Board of County Commissioners of the County of Eagle to Make Designations Designations and amendments or revocations of designations may be initiated in two ways: 1) The Board of County Commissioners shall at its discretion designate and adopt regulations for the administration of any matters of State interest. 2) If the Colorado Land Use Commission submits a formal request to the Board of County Commissioners with regard to a specific matter which the Colorado Land Use Commission considers to be of State interest within the County of Eagle, the Board of Countv Commissioners shall publish notice and conduct a nearing pursuant to Section 24.65.1- 407(1)(a), C.R.S. 6.01.13 Moratorium 7 After the Board of County Commissioners has received a formal request to take action with regard to a specific matter which the Colorado Land Use Commission considers to be of State interest within the Board's jurisdiction, no person shall engage in development in th,e area or conduct the activity specifically described in said request until the Board of County Commissioners has held its hearing and issued its order relating thereto. 6.01.14 Public Hearing Required 1) The Board of County Commissioners shall hold a public hearing before designating any matter of State interest and adopting regulations for the administration thereof. said hearing shall be held not less than thirty (30) days nor more than sixty (60) days alter the giving of Public notice of said hearing. 2) In the event that the Colorado Land Use Commission submits a .formal request to take action, such public hearing for designation shall be held within ninety (90) days after receipt of the formal request. 6.01.15 Notice of Public Hearing, mailing List, Publication 1) The Board of County Commissioners shall prepare a notice of the designation hearing which shall include: a) The time and place of the hearing; b) The place at which materials relating to the matter to be designated and any_ guidelines and regulations for the administration thereof may be examined; c) The telephone number where inquiries may be answered; d) A description of the area or activity proposed to be designated in sufficient detail to provide reasonable notice as to Property which would be included. The notice should include, when practicable, both the legal description of the property as well as any general or popular names of the property. 0 3 2) The Board of County Commissioners shall maintain a mailing list of the names of those persons requesting of the Clerk of the Board of County Commissioners that their names and addresses be placed on the list and paying to the Clerk an annual fee of twelve dollars ($12.00) to cover the costs of production, handling and mailing of notices of all such hearings pursuant to Sections 24- 65.1- 404(2)(b) and 24- 65.1- 501(2)(c), C,p.S. In order to have hi_s name and address retained on said mailing list, the person shall resubmit his name and ad'Iress and pay said annual Fee before January 31 of each year. 3) At least thirty (30) days, but no more than sixty (60) days before the public hearing, the Board of County Commissioners shall publish the notice in a newspaper of general circulation in the County and shall mail the notice by first Class mail to each of the following: a) The Colorado Land Use Commission and other State and Federal agencies, as deemed appropriate in the discretion of the Board of County Commissioners; b) Persons on the mailing list; c) In the discretion of the Board of County Commissioners, members of the news media and any other person considered to be likely to be affected by the proposed designation; d) If any other local governmental jurisdiction would be directly or indirectly affected, the n_roposed designation similarly may be mailed to such government and to the Regional Planning Commission and /or Council of Governments. 6.01.16 Matters to be Considered at Designation Hearings 1) At the public hearing described above, the Board of County Commissioners shall consider such evidence as may appear appropriate including, as a minimum: a) he intensity of current and foreseeable development pressures; 9 l b) The matters and considerations set forth in any applicable guidelines for identification and designation; C) Model regulations issued by the Colorado Land Use Commission and other State agencies; d) The boundaries of the proposed area; e) Reasons why the particular area or activity_ is of State interest, the dangers that would result from uncontrolled development of any such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity in a coordinated manner.; and f) Any master or comprehensive plan pertaining to or affected by the area or activity under consideration. 2) The Roard of County Commissioners shall hear testimony and receive evidence, including: a) The recommendations of the County Planning Commission; and b) Relevant testimony and documents presented. 6.01.17 Recor(-! of Designation Proceeding 1) The Board of County Commisisoners will collect and Preserve the following record of the public hearing, at a minimum: a) Notice of the hearing; b) Certificate of publication of the notice; c) Names and addresses o` persons who presented written or oral statements; d) Evidence of the identification of the matter of State interest Proposed to be designated; e) written findings concerning each of the matters referred to in Subsection 6.01.16 (1) above. lG] 2) Any person may, at his own expense, provide for the recording of the hearing and transcription thereof, provided, however, that a copv of the recording or transcript thereof, if transcribed, shall be furnished free of charge to the Board of County Commissioners and shall become part of the records. 6.01.18 Adoption of Designation and Regulations 1) At the conclusion of such hearing, or within thirty (30) days thereafter, the Board of Countv Commissioners may adopt, adopt with modification, or reject the proposed designation which was the subject of public hearing; if designation and regulation under Section 24 -F,5.1 -101, et seq., C.R.S., is reiected, the Board of County Commisisoners may regulate the matter under anv other available land use control authority or it may reject the regulation of the matter entirelv. 2) Such action shall be. taken by resolution. 3) In the event that the Board of County Commissioners finally determines that anv matter is a matter of State interest, it shall be the Board's duty to designate such matter and adopt regulations for the administration thereof. 4) Pach designation order adopted by the Board of County Commissioners shall, as a minimum: a) Specify the boundaries of the designated area of State interest or the boundary of the area in which an activity of State interest has been designated; h) State reasons why the particular_ area or activity is of State interest, the danq_ers that would result from uncontrolled development of anv such area or uncontrolled conduct of such activity, and the advantages of development of such area or conduct of such activity_ in a coordinated manner; C) Specify the regulations applicable to the designated matter of State interest. 6.01.19 Submission of Material to Land Use Commission 11 Upon adoption of a designation order, all relevant materials including the record of any public hearing relating to the designation and regulations, as described in Subsection 6.01.17, above, shall be forwarded by the Board of County Commissioners to the Colorado Land Use Commission for review. If within thirty (30) days after receipt of a designation order and regulation the Land Use Commission bas notified the Board of County Commissioners that modification of the designation or regulations is required, the Board of County Commissioners shall, within thirty (30) days after receipt of the .recommended modifications: 1) Modify the original order in a manner consistent with the recommendations of the Colorado Land Use Commission and resubmit the order to the Colorado Land Use Commission, or 2) Notify the Colorado Land Use Commission that the Colorado Land Use Commission's recommendations are rejected and the reasons therefor. 6.01.20 Recording of Notice of Designation A notice of the designation shall be certified by the Board of County Commissioners to the County Clerk and Recorder for filing in the same manner as any document affecting real property. 6.01.21 Effect of Designation - Moratorium Until Final Determination After a matter of State interest is designated pursuant to Subsection 6.01.12, no person shall enaage in development in such area and no such activity shall be conducted until the designation and regulations for such area or activity are finally determined as required by Section 24- 65.1 - 404(4), C.R.S. PERMITS 6.01.22 Permits Required After Designation; Receipt of 12 Application Form Amended by Resolution 1) Any person desiring to engage in a development No. 84 -20 in a designated area of State interest or to Dated: 5/9/84 conduct a designated activity of State interest must obtain a permit from the Permit Authority. In the event a development or activity and associated off -site improvements proposed as an 12 integral part of a subdivision or PUD under the jurisdiction of eagle County's land use regulations is proposed to be served with water and /or sewer by a district, quasi- municipal corporation, or by a municipality, it shall be the responsibility of the service provider and /or developer to comply with the requirements of these "Guidelines and Regulations for Areas and Activities of State Interest of the County_ of Eagle, Colorado. 2) An application shall not be accepted unless it Amended by is complete. A request for waiver of submission Resolution requirements pursuant to these regulations No. 84 -20 shall not render the application incomplete. If Dated: 5/9/84 the application is considered incomplete by the Permit Authority, the Permit Authoritv shall specifv what additional information is required. ?.mien a submitted application is considered to be complete by the Permit Authority, the Permit Authority shall note upon the application the date and hour of its receipt_. 3) when the applicant seeks a permit to engage in development in more than one area of State interest and /or to conduct more than one activity of State interest and to engage in development in one area of State interest and to conduct one activity of State interest, the application may be completed for all such activities or developments and may be reviewed by the Permit Authority in one consolidated hearincx. f 6.01.23 Application Fee 1,9ithin ten (10) days following receipt of a completed application for a permit, the Permit Authoritv shall determine and set a fee in an amount neces.sary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings conducted therefor, and shall notify the applicant in writing of said fee and its amount, Not later than ten (10) days following his receipt of such notice, the applicant shall present to the Permit Authority nonrefundable certified funds in the amount as set. Until the fee is paid to the Permit Authoritv, the application for a permit shall not be further processed. 6.01.24 Notice of Permit Hearing Amended by Resolution No. 84 -20 Dated: 5/9/84 13 Not later than thirty (30) days after receipt of a completed application for a permit, the Permit Authority shall. set and publish notice(s) of the date, time and place for hearing(s) on said application and any requested waiver of submission requirements. In no case shall the date for the hearing be set later than six months after the receipt Of a complete application (See Subsection 6.01.26(1), Notice of the public hearing on a waiver request shall be published in a newspaper of general circulation in the County of Eagle, Colorado within ten (10) days of the Permit Authority's action setting such hearing date. Said notice shall also be sent to all persons on the mailing list required by Subsection 6.01.15(2). Notice of the public hearing on the application itself shall be published once in a newspaper of general circulation in the County of Eagle, not less than thirty (30) nor more than sixty (60) days before the date set for hearing and shall also be given to other persons and entities in the same manner as set forth above for the notice of a designation hearing in Subsection 6.01.15. 6.01.25 Conduct of Permit Hearing 1) The Permit Authority shall conduct the public nearing in such a manner to afford procedural due tirocess to the applicant as well as to anv_ person who opposes issuance of the permit. 2) The Permit Authority shall hear testimony and receive evidence, including: LL a) The-recommendations of t?he Planning Commission, and b) Relevant testimonv and documents presented. 3) Although the Colorado Rules of Civil Procedure do not govern the conduct of the hearing, all persons appearing at the hearing, in person or by counsel, shall be afforded the right of cross - examination as well as reasonable opportunity to offer evidence in rebuttal. 4) Any person may, at his own expense, provide for the recording of the hearing and transcription thereof, provided, however, ghat a copy of the recording or transcript thereof, if transcribed, shall be furnished free of charge to the Permit 14 Authority and shall become part of the record. 5) The Permit .Authority shall collect and preserve the following record of the public hearing: a) The permit application; b) Any written statements or documents presented in support of or in opposition to the permit application; C) The names and addresses of all persons making oral or written statements, appearing as witnesses, or offering_ documentary evidence; d) Any recording or transcript, if any, of t'ae hearing as provided in Subsection 6.01.25(4) above; e) written minutes of the Permit Authority relating to the public hearing; f) The resolution of the Permit Authority granting or denying the permit application; and g) A copv of the permit, if issued. 6.01.26 Approval or Denial of Permit Application 1) If the Permit Authority finds that there is not sufficient information concerning any material feature of a proposed development or activity, the Permit Authority may deny the app.li.cation or it may continue the hearing until the additional information has been .received. ?iowever, no such continuance may exceed sixty (60) days unless agreed to by the applicant. Amended by 2) The Permit Authority shall approve an Resolution application for a permit to engage in No. 84 -20 development in an area of State interest or for Dated: 5/9/84 the conduct of an activity of State interest if the Proposed development or activity complies with the Provisions of the regulations governing such area or activity, and may :Further attach reasonable conditions to said approval. If the proposed development does not comply with such regulations, the permit shall be denied. Amended by 3) The burden of proof shall be upon the applicant Resolution No. 84 -20 Dated: 5/9/84 15 y to show compliance with the provisions of these regulations governing the area or activity of state interest involved. 4) The Permit Authority conducting a hearing Pursuant to this Section shall state, in writing, reasons for its decision, and its findings and conclusions. 5) The Permit Aut'.lority shall .reach a decision on a permit_ application within one hundred twenty (120) days after the completion of the permit hearing, or the permit shall be deemed approved. 6.01.27 Combined Designation and Permit Nearing If a person proposes to engage in development in an area of State interest or to conduct an activity of State interest not Previously identified, designated, or for which regulations have not been adopted, the Board of County Commissioners alone may hold one hearing for determination of identification, designation, and regulations as well as for granting or denying the permit. N ?o permit that is granted at the conclusion of any such hearing shall be authority to engage in development or to conduct an activity until the identification, designation and regulations are finally determined. 6.01.28 Issuance of Permits 1) The permit shall be issued on the form adopted by the Board of County Commissioners. 2) The permit may be issued for an indefinite term, or for a specific period of years. 3) Copies or notice of the permit shall be sent to the Colorado Land Use Commission and, at the Board's discretion, may be sent to any regional planning commission in which the county may be located, and to any other person requesting a copy thereof upon payment of the cost of reproduction. 4) A copy of the permit shall be certified by the Permit Authority to the County Clerk and Recorder for recording in the same manner as any other document relating to real property, and the certified copy of the permit shall be presented by the Permit Authority to the Clerk and Recorder for recording. 16 5.01.29 Financial Security 1) Before any permit is issued, the Permit Authority mav, in its discretion, require the applicant to file a guarantee of financial security deemed adequate by the Permit Authority and payable to the County of Eagle. 2) The purpose of said financial security guarantee shall be to assure that the applicant or permittee shall faithfully perform all requirements of the permit or applicable regulations adopted by the Board of County_ Commissioners. 3) The amount of said financial guarantee shall be established by the Permit Authoritv upon consideration of the following applicable criteria: a) The estimated cost of returning the site of the permitted development or activity to its original condition or to a condition acceptable to the County in accordance with standards adopted by the County for the matter of State interest for which the permit is being granted; b) The estimated cost of completing the permitted development or activity; and c) The estimated cost of complying with any conditions of the permit. 4) Estimated cost shall be based on the applicant's submitted cost estimate plus the Permit Authority's estimate of the additional cost to the County of bringing in personnel and equipment to accomplish any unperformed purposes of the financial guarantee. The Permit Authority shall consider the duration of the development or activity and compute a reasonable projection of increases due to inflation. '"he Permit Authority may require, as a condition of the permit, that the Financial security_ shall be adjusted upon receipt of bids. 5) At least ten percent (10%) of the amount of the financial guarantee shall be in cash deposited with the County Treasurer and shall he placed in 17 an earmarked escrow account mutually agreeable to the County and the applicant. 6) The financial guarantee may be released only when: a) The permit has been surrendered to the Permit Authority before commencement of any_ physical activity on the site of the permitted development or activity; b) The development or activity has been abandoned and the site thereof has been returned to its original condition or to a condition acceptable to the County in accordance with standards adopted by the Countv for the matter of State interest for which the permit is being granted; C) The project has been satisfactorily completed; or 1) Applicable guaranteed conditions have been satisfied. 7) Any security may be cancelled by a surety only upon receipt of the Permit Authority's written consent which may be grantecl only when such cancellation will not detract from the purposes of the security. Q) If the license to do business 1_n Colorado of any surety upon a security filed pursuant to this regulation is suspended or revoked by any state authority, then the applicant or permittee, within sixty (60) days after receiving notice thereof, shall substitute a good and sufficient surety licensed to do business in the state. Upon failure of the permittee to make substitution of surety within the time allowed, the Permit Authority shall suspend the permit until proper substitution has been made. 9) If the Permit Authority determines that a financial guarantee should be forfeited because of any violation of the permit or any applicable regulations adopted by the Board of County Commissioners, it shall provide written notice to the surety and to the permittee that the financial guarantee will be forfeited unless the permittee makes written demand to the Permit Authority within thirty (30) days after le N permittee's receipt of notice, requesting a hearing before the Permit Authority. If no demand is made by the Permittee within said period, then the Permit Authoritv shall order the financial guarantee forfeited. 10) The Permit Authority shall hold a hearing within thirty (30) days after the receipt of the demand by the permittee. At the hearing, the permittee may present for the consideration of the Permit Authority statements, documents, and other information with respect to the allea_ed violation. At the conclusion of the hearing, the Permit Authority shall either withdraw the notice of violation or enter an order for forfeiting the financial guarantee. 11) The cash denosit described in Subsection 6.01.29(5), above, may be used by the Permit Authority of the County in the event of the default or alleged default of the Permit holder only for the purposes of recovering on the surety or fulfilling the permit obligations of the permit holder. In the event that the ultimate reviewing court determines that there has been no default by the permit holder, that portion of any monies expended by the County from the escrow funds relating to such default shall be replaced in the escrow account by the Board of County Commissioners immediately following such determination. The County may arrange with a lending institution, which provides money for the permit holder, that said institution may hold in escrow an_v funds required for said cash deposit. Funds shall be disbursed out of escrow by the institution to the County upon County's demand for the purposes specified in this Section. 12) If the forfeiture results in an inadequate revenue to cover the costs of accomplishing the purposes of the financial guarantee, t?Iis County's attorney shall take such steps as he deems proper to recover such costs where recovery is deemed possible. 6.01 30 Revocation or Suspension of Permits 1) When it comes to the attention of the Permit Authority that the provisions of any permit or the terms of any regulation for administration have been violated by the holder of the permit, i4] the Permit Authority may temporarily suspend the Permit for a period of thirty (30) days. Before malting such a temporary suspension, the Permit Authority shall give the permit holder written notice of the specific violation and shall allow the permit holder a period of at least fifteen (15) days to correct the violations. if the permit holder does not concur that he is in violation, he shall, within fifteen (15) days of his receipt of such notice, show cause to the Permit Authority why temporary suspension should not be ordered. A hearing shall be held within said thirty (30) day period pursuant to Subsection 6.01.30( ?) below. 20 2) Either prior to or subsequent to a_ temporary suspension, the Permit Authority may permanently revoke or suspend the permit after conducting a public hearing in substantially the same manner and after substantially the same notice as for permit hearings, and if it finds: a) A violation of the provisions of the permit or any applicable regulation `or administration which may have been adopted by this Board of County Commissioners, or b) That the applicant has failed to take substantial steps to initiate the permitted development or activity within twelve (12) months from the date of the permit, or, if such steps have been taken, the applicant has failed to complete the development or activity with reasonable diligence. 6.01.31 Annual Review Amended by Resolution 1) Within thirty (30) days prior to each annual N0. 84 -20 anniversary date of the granting of a permit by Dated: 5/9/84 the Permit Authority, the permittee shall submit to the Eagle Counts Department of Community Development on behalf of the Permit Authority a report detailing any and all past activities conducted by the permittee pursuant to the permit including, but not limited to, a satisfactory showing that the permittee has complied with all conditions of the permit and applicable regulations. 2) The Eagle County Department of Community Development shall review the report set forth in 20 Gubsection 6.01.31(1) hereinabove within thirty (30) days from the date of submittal thereof. If the Department determines, based upon its review, that the permittee has violated the provisions of the permit and /or applicable regulations, the Department shall refer the matter to the Permit Authority for its consideration at a scheduled public hearing. if the Permit Authority determines at said public hearing that the permittee has violated the _provisions of the permit and /or applicable regulations, the Permit Authority may suspend and /or revoke the permit in accordance with Subsection 6.01.3n hereinabove. 3) Upon fulfillment of all permit conditions, this annual review requirement may be waived by the Permit Authority. ADMINISTRATION, FNFORCEMFNT AND PF,NALTIES 6.01.32 Enforcement and Penalties 1) Any person engaging in a development in a designate(? area of a State Interest or conducting a designated activity of State Interest who does not obtain a permit pursuant to these Regulations for administration, who does not comply with permit requirements, or who acts outside the authority of the permit, may be enjoined by the County or the Land Use Commission from engaging in such development or conducting., such activity, and may be subject to such other criminal or civil liability as may be prescribed by law. 6.01.33 Mapping Disputes Where interpretation is needed as to the exact location of the boundary of any designated area and where there appears to be a conflict between a mapped boundary and actual field conditions, the Permit .Authority shall make the necessary determination of the boundary. Any person contesting the location of the boundary shall be given an opportunity to present his case to the Permit Authority. 6.01.34 Inspection 1) The Permit Authority or its authorized representative is hereby empowered and directed to inspect and examine the use, occupation or development of or activity in each and every area or activity subject to these Pegulations 21 T for the purpose of determining from whether_ or not any use, occupation, or activity is in violation of anv provisions of this Regulation or of issued or required pursuant to this applicable regulations. time to time development if the any permit or other 2) If a violation shall be found to exist, said Permit Authority or its authorized representative shall by written order direct that such remedial action he taken forthwith as will result in full compliance with the applicable regulations, Provided, however, that the issuance of such order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in the regulations; an,] provided further., that compliance with such order shall not necessarily be deemed to he a defense to any alleged violation of this or other applicable regulations in any court action instituted seeking full compliance therewith. 22 6.02 6.02.01 6.02.02 6.02.03 6.02.04 r' PERMIT AUTHORITY Purpose and Intent The purpose of this Section 6.02 is to facilitate designation and administration of matters of State Interest consistent with statutory requirements and criteria set forth in Article 65, 'Pitle 24, of the Colorado Revised Statutes. Findings The Board of County Commissioners finds that: 1) 2) 3) 4) The notice and public hearing reauirerd by law have been followed. These °. egulations are necessary because of the intensity of current and foreseeable develonment pressures on and within the County. These Regulations were adopted after takinq into consideration applicable guidelines adopted and issued by the Colorado nand Use Commission. These Regulations apply to the entire unincorporated territory of the County of Eagle, State of Colorado. Authority These Regulations are authorized by inter alia, Section 24 -65. 1 -101, et sea.; Section 30 -2R -101, et seq; Section 30 -28 -201, et seq.; Section 2.9 -20 -101, et sea.; and Section 24 -32 -111, C.R.S. Permit Authority Established 1) The Eagle County Permit Authority is hereby established, the members of which shall be the Board of County Commissioners. 2) The Permit Authority shall exercise all powers and duties granted it by Section 6.01 of the "Guidelines and Regulations of Areas and Activities of State Interest of the County of Eagle, and as attended. 23 6.02.05 Judicial Review Any action seeking judicial .review of a final decision of the Permit Authority shall be initiated within thirty (30) days after the decision is made, in the District Court in and for the County of ragle, pursuant to Rule 106 of the Colorado '?ules of Civil Procedure. O _1 6.03 SITE SELECTION AND CONSTRUCTION OF r!AJOR NEW DOMESTIC WATER AND SEWAGE TP.FATMENT SYSTEMS GENEP.AL AND INTRODUCTORY PROVISIONS 6.03.01 Title and Citation These various sections constituting the "Guidelines and Regulations of Activities of State Interest of the State of Colorado," may be cited as for Site Selection and Construction Domestic Water and Sewage Treatment Countv. 6.03.02 Purpose and Intent Section 5.03 of %reas and County of Eagle, the " Regulations of Major New Systems" of Eagle The purpose and intent of the regulations contained in this Section are as follows: 1) To insure that new domestic water and sewage treatment systems are constructed 9_n areas which will result in the proper utilization of existing treatment plants and the orderly development of domestic water and sewage treatment systems within this County; 2) To insure that site selection and construction of major new domestic water and sewage treatment systems are conducted in such a manner as to minimize environmental impact., associated with such development; 3) To insure that site selection and construction of major new domestic water and sewage treatment systems are planned and developed in a manner so as not to impose an undue economic burden on existing or proposed communities within this County; a) To insure that urban development, population densities, and site layout and design of water, wastewater, storm water and sanitation systems shall be accomplished in a manner that will prevent the pollution of aquifer recharge areas; 5) To insure that the off -site impacts of such projects are effectively mitigated. 6.03.03 Definitions 1) "Major new domestic water system" means a 25 system for provision to the public of piped water for human consumption or a system for the provision to the public of piped water which will be used in exchange for water for human consumption, if such system is proposed to serve a total development density of ten (10) or more residential dwelling units or the equivalent thereof in other uses. 2 "Major new domestic sewage treatment system" means a new sewage treatment system and collector system capable of treating the wastewater generated by a total development density of ten (10) or more residential dwelling units or the equivalent thereof in other uses. 3) "Domestic water and sewage treatment system" means a wastewater treatment plant, water treatment plant, or water supply system, and any system of pipes, structures, and facilities through which water and wastewater is collected for treatment. a) "Wastewater treatment *plant_" means the facility or group o` units used for treatment of wastewater from sewer systems and for the reduction and handling o£ solids and gases removed from such wastes. b) "water supply system" means the system of pines, structures and facilities through which a water supply is ohtained, collected, treated and sold or distributed for human consumption or the system of pipes, structures and facilities through which a water supply is obtained which will be exchanged or traded for water which will be used for human consumption. C) "water treatment plant" means the facility or facilities within the water supply system which can alter the physical, chemical or bacteriological quality of the water. 4) "Source area" means a geographic area or region where moisture falls and drains through natural Processes to either streams or lakes or Permeates to the groundwater table, analogous to catchment basin or watershed. 26 Amended by 5) "Collector syste?n" means a network of pipes and Resolution conduits through. which sewage flows to a sewaqe No. 80 -34 treatment _plant. Dated: 6/6/80 6) "Distribution system" means a network of pipes and conduits through which water is piped to the public for human consumption or through which water is piped for exchange or trade for water which will be used for human consumption. 7) "Proposed development" means a major new domestic water or sewage treatment system, as defined in 6.03.03(1), (2) and (3), and includes any proposed land development directly related to such system if such development is to be located wholly or partially within this County and if such development specif_i_ca_11v generates the need. for the system. (This definition includes development area.) S) "Source development area" means that geographic area or region wholly or partially within the unincorporated territory of this County which will be developed or altered in connection with the developnent of a major new domestic water or sewage treatment system, as defined. in 6.03.03(1), (2) and (3). The source development area may or may not be wholly or partially within the development area. 6.03.04 Authority These Regulations are adopted pursuant to, inter alia, Section 24- 65.1 -101, et sea., and Section 29 -20 -101, et seq., C.R.S. 6.03.05 Applicability 1) These Regulations shall apply to the site selection for all major new domestic water and sewage treatment systems and construction thereof. 2) These Regulations shall not apply to expansion of existing domestic water or sewage treatment systems. Amended by 3) A permit under these regulations shall he Resolution required prior to or in conjunction with No. 84 -20 subdivision, PUT) or preliminary plan approval, Dated: 5/9/84 but in every case must be obtained prior to 27 3 commencement of construction of the project. 6.03.06 Relationship of Regulations to Other State and Federal Requirements 11 Nothing in these regulations shall be construed as exempting an applicant for a permit `rom an_v other requirements of this County or other state or federal laws and regulations. 2) To the extent that the .requirements of these regulations differ from any other applicable requirements, the more restrictive requirements shall apply. 3) Permit requirements included in these regulations shall be in addition to and in conformance with all applicable state and federal water quality laws, rules and regulations, including, but not limited to, the following: a) Section 25- 8- 704(1)(a), C.R.S., sewaa_e treatment plant site approval, which provides that no person shall commence the construction or expansion of anv sewage treatment works intended to serve more than twenty (20) persons unless site location and the construction or expansion have been approved and designs therefor reviewed by the Colorado Water Quality Control Commission; h) Section 25 -8 -501, C.R.S., point source pollutant discharge permit; c) Section 208 (33 U.S.C. Section 1288) areawide wastewater treatment management planning; d) Section 303 (33 U.S.C. Section 1313) river basin water quality management planning; e) Disposal of sewage sludge (33 U.R.C. Section 1345); f) Section 32 -1 -201, C.R.S., Special District Control Act; g) 16 U.S.C. Section 661- 666(c) (1970), The Fish and Wildlife Coordination Act; 28 h) Section 102(c) (42 U.S.C. ^-ection 4321, et sea.). The National Environmental Policy Act; i) Section 404 of the ,Clean Water lct. DESIGNATION OF SITE SELECTION AND CONSTRUCTIO ?T OF MAJOR NEW DOMESTIC WATER AND SEWAGE TRFATMEt'7 PLA!aTS 6.03.07 Designation of Site Selection and Construction of Major New Domestic Water and Sewage Treatment Plants The Board of County Commissioners having considered the intensity of current and foreseeable development pressures and applicable Guidelines for Identification and resignation adopted and issued by the Colorado Land Use Commission, it is the order of this Board of County Commissioners that site selection and construction of major new domestic water and sewage treatment systems be designated a matter of State interest and regulated pursuant to the _provisions of this Section. 6.03.08 Boundaries of Area Covered by Designation The site selection and construction of any major new domestic water and sewage treatment plants within the unincorporated territory of this Countv shall he subject to this designation and regulation. 6.03.09 Reasons for Designation Site selection and construction of major new domestic water and sewage treatment plants is hereby designated as a matter of State Interest for the reasons stated in Subsection 6.03.02 of this Section. 6.03.10 Application Procedure The procedures concerning permit applications, notice and conduct of permit hearings, review of Permit Authority decisions, and the issuance and content of permits to engage in site selection and development of major new domestic water and sewage treatment systems shall comply with the provisions set Forth in Subsection 6.01.22 through 6.01.31, inclusive, of the Administrative Regulations adopted by this County. 6.03.11 Prohibition of the Site Selection and Construction of Major New Domestic Water and Sewage Treatment Plants 1) No person may locate a major new domestic water or sewage treatment system wholly or partially within the unincorporated territory of this 29 County without first obtaining a permit pursuant to these Regulations. 2) No local authority shall issue a buildinq permit tor purposes of selecting a site for or constructing a major new domestic water or seN7age treatment plant without the applicant first having obtained a Permit pursuant to these Regulations. 6.03.12 Application for Permit Amended by 1) Any person seeking to locate or construct a Resolution major new domestic water or sewage treatment No. 84 -20 system wholly or partially within the Dated: 5/9/84 unincorporated territory of this County shall apply for a permit from the Permit Authority_, on the appropriate form prescribed '�)y t?tese regulations, at Exhibit 6, and maintained in the office of the Department of Community Development of this County. (For sewage systems, the site application form adopted by the Rater. quality Control Commission will be completed and attached to the aoplicat_ion form.) 2) Not later than ten (10) days following receipt of a completed application For a Permit to locate or construct a major new domestic water or sewage treatment system, the hermit .Authority shall determine and set a Fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings conducted therefor, and shall notify the applicant in writing of said fee and its amount. Not later than ten (10) days following his receipt of such notice, the applicant shall present to the Permit Authority non - refundable certified funds in the amount set. Until the fee is paid to the Permit Authority, the application for permit shall not be further processed. 6.03.13 Submission Requirements An application for a permit to locate or construct a major new domestic water or sewage treatment system shall be accompanied by five (5) copies of the following documents and information: 1) An abstract of the proposal indicating the scope and need for the development; 30 2) Preliminary review and. comment on the nrop_osal by the appropriate agencv of the Colorado Department of Natural Resources and the Colorado Department of Health within sixty (60) days; 3) Alternative potential site locations and degree of feasibility of each; 4) Proponents of proposal: a) Names, addresses and business of all local or other interests nroposing site selection and construction of a major new water or sewage treatment system. b) Name and qualifications of the nerson(s) responding to the requirements detailed in this regulation. 5) Scope of proposal: a) Provide detailed engineering plans and specifications of the proposal including proposed system capacity and service area plans mapped at a scale determined by the Permit Authoritv. b) Provide a description of all existing or approved proposed domestic water or sewage treatment systems within the development area and source development area. C) Detail the design capacity of each domestic water or sewage treatment system and tie distribution or collection network in the development area and source development area. d) Detail the excess capacity of each treatment system and distribution or collection network in the community or development area and source development area. e) Provide an inventory of total commitments already made for current water or sewage services. `) Detail the operational efficiency of each existing system in the development area and 31 source development area, including age, state of repair, and level of treatment. Amended by g) Detail the source and rights for the water Resolution supplies for the system, including any No. 84 -20 permits, decrees or contracts for such Dated: 5/9/84 rights, or the application submitted for change of water rights, appropriation of water or augmentation plans. h) Detail existing water utilization including_ historic yield from rights and use by category such as agricultural, municipal and industrial and supply obligations to other systems. i) Provide a description and detailed engineering plans and specifications of the proposed construction of structures, buildings, and improvements associated with the project and the financial, environmental and social imracts thereof on the community or surrounding areas within the development area and source development area. 6) Demonstrate the need for a new water or sewage treatment system: a) Provide population trends for the development area and source development area; e.g., present population, population projections, and growth rates. b) Specify the predominant types of developments to be served by the proposed new water or sewage treatment system. C) Specify at what percentage of the design capacity the current system is now operating: Water treatment system: Wastewater treatment system: d) Specify whether or not present facilities can be upgraded to adequately accommodate the ten (10) year projected increased need in treatment and /or hydraulic capacity. 7) environmental impact analysis: 32 a) Land Use: (1) Provide a map (at an appropriate scale) detailinq existing land uses of the proposed development, source development area, and the project service area including peripheral lands which may be impacted. The land use map should include, but not necessarily be restricted to, the following categories: residential, commercial, industrial, open space, outdoor recreation, agricultural, forest land and water bodies. (2) All immediately affected public land boundaries should be indicated on the map. Potential impacts of the proposed development upon public lands will be visually illustrated on the map as well as described in textual form. (3) Specify whether the proposed Project conforms to this County's planning policies. (4) Specify whether the Proposed project conforms to regional and state planning policies. (5) Specify whether the proposed project conforms to federal land management policies. (C) Describe the oresent use of the land in the development area and source development area. (7) Detail the present zoning of the land in the development area and source development area. (8) Detail the agricultural productivity capability of the land in the development area and source development area (SCS classification). (9) Specify how the proposed development will utilize existing easements or rights -of -way for new associated 33 3? distribution or collector networks. Amended by Describe the probability that the Resolution system may be significantly affected No. 84 -20 by earthquakes, floods, fires, Dated: 5/9/84 snowslides, avalanches, rockslides, or landslides and any measures taken to reduce the impact of such events upon the system. (11) Specify whether the demand for this project is associated with development within or contiguous to existing service areas. b) water Resources 1) Describe and indicate on an appropriate map relevant surface water bodies (streams, lakes and reservoirs) and ground crater aquifers in the area and their uses. (2) On the same, or other appropriate map, indicate any flood plain associated with the proposed development. Documentation of historical `loading activity should be included. netail potential adverse impacts of associated floodplain. Amended by (3) Describe potential effects of the Resolution proposed development on eutro- No. 84 -20 phication, wasteload allocations and Dated: 5/9/84 water quality of the Eagle River and any existing or proposed reservoirs in the County. Amended by (4) Describe tre potential effects of Resolution the proposed project on the No. 84 -20 above - detailed water features, Dated: 5/9/84 including the effects on present water quality and current uses. Include a detailed statement of the proposed project's impact upon the total dissolved solids and hardness of the Eagle River measured at Dowd Junction and Dotsero and of the Colorado River and the Roaring Fork River measured at the Garfield -Eagle 34 County line, respectively. (5) Describe the potential adverse effects of the proposed development upon plant and animal life dependent upon the water resources in question. (6) The applicant will present technical material describing and quantifying the impact the proposed development will have upon salinity, or Total Dissolved Solids (IDS) in the Colorado River, and shall formulate and propose a plan for the mitigation of such impact. The Permit Authority shall apply the followinq standards for the determination of compliance with this subsection: (a) Colorado River Salinity (TDS) will be maintained as prescribed by "Cuter nuality Management Plan -- Colorado River Basin, Appendix C, Colorado Department of Health, October, 1975 ". (b) In order to offset salinity increases, projects subject to these Regulations which divert water from the natural drainage of the Colorado River within the Countv will be required to offset salinity increases by mitigation measures designed to insure that the cost of the present and prospective uses of water and land within the natural drainage OF the Colorado River within the State of Colorado shall not be increased. Said mitigation measures shall be determined by the Permit Authority. (c) In applying the standards set forth at Subsection 6.03.13(7)(b)(6) supra, the 35 s Permit Authority shall be guided by the following criteria in the identification and selection of mitigation measures: (i) First preference shall be given to eliminating salinity sources within the Countv, second to sources within Planning and Management Region XII, third to sources within the State of Colorado. ?do mitigation measure shall be selected which results in the removal of lands from irrigated agriculture within the natural drainage of the Colorado River within the State of Colorado. (iii) Preference shall be given to the compensatory storage of water within the natural drainage of tine Colorado River within the State of Colorado. (iv) The extent of mitigation shall be determined by comparsion of the measured five -year average salinity in Lake Powell orior to the diversion and the calculate• effect on the average salinity in Lake Powell after the project. (v) Any other or different limitation which may be required by the circumstances and effect of the proposed project. cl Air Quality (1) Detail the impact of the proposed 36 0 development on ambient air quality of the area or community in question. d) Significant Fnvionmentally , ^.ensitive Factors identify and locate on a map of an appropriate scale the juxtaposition o•`. any, of the following features present i.n the proposed development and source development area an' its environs and detail the potential impact of the proposed development upon each feature: (1) marshlands and wetlands, (2) Groundwater recharge areas, (3) Potential natural 'i.aaar.�s, (4) Forests an.l woodlands, (S) Critical wildlife habitat, (nl Public, outdoor recreation areas, and (7) Unique areas of geologic, historic and archaeological importance. (Q) Critical aquatic life habitat. e? Visual Aesthetics and *luisance Factors: Identify any significant deterioration of existing natural aesthetics, creation of visual blight, noise no1'.ution or obnoxious odors which may stem from development. f1 Describe what impact the development will have upon th.e need for and supply of n_uhlic transportation in the Count.,. 8? Financial impact analysis of site selection and construction of major new water and sewage treatment facilities will include but not be Limited to the following: a) Review and summary of any existing engineering and/or financial feasibility studies, assessed taxable oronerty valuations, property tax collection 37 experience, and all other matters of aid in determining the feasibility of the new facility, including such as related to: (1) Service area and /or boundaries; (2) Applicable methods of transmitting, storing, treating and delivering water, and collecting, transmitting, treating and discharging sewage (including effluent and /or sludge disposal); (3) Estimated construction costs and period of construction of each new facility component; (4) Assesses' valuation of the property to be included within the service area and /or boundaries; (5) Revenues and operating expenses of the new facility including but not limited to historical and estimated property taxation, service charges and rates, assessments, connection and tap fees, standby charges and all other revenues of the new facility; (6) Amount and security of proposed debt and method and estimated cost of debt service; (7) Details of any substantial contract or agreement For revenues (as in (5) above) or for services to be paid, furnished or used by or with an�r person, association, corporation and governmental bodv. b) Provide a debt retirement schedule based upon anticipated service Fees and tax base. C) Identification of the person, association, corporation and governmental body_ that will benefit by, use and will pay any or all of the revenues (as in (5) above). d) If the new water or sewage treatment system exceeds the proposed ten (10) year. population growth needs as detailed by the 38 V appropriate region's 203 planning demographic projections, then detail the excess service capacity and the cost of such excess capacity to the community. e) Increased Domestic and /or Municipal Water Treatment Costs and /or tastewater Treatment Costs- (1) The applicant shall submit a plan to offset increased domestic and /or municipal water treatment and /or wastewater treatment necessary to meet water quality standards and determined to be a direct result of flow modification through changes in the transport of nutrients, total dissolved solids, hardness, minerals or other _pollutants due to the operation of any project .facilities proposed by the applicant_. This may be accomplished either by construction and operation of additional domestic and /or municipal water treatment facilities and /or wastewater treatment facilities made necessary by the reduction in flow, or the applicant may elect to pay a fee in lieu of those mitigation measures. 'his fee will he based upon the additional costs of domestic and /or municipal treatment and /or wastewater treatment_ (capital, operation and maintenance); and it will be used exclusively 'or meeting the costs of such additional domestic and /or municipal treatment and /or wastewater treatment. 9) Any demographic data needed to fulfill the requirements of this Regulation shall be consistent with those used for the 20£3 areawide waste treatment management planning. (10) For each alternative site or expansion area being considered by the applicant, the information specified in subsections (1) through (9) of this Subsection 6.03.13. 6.03.14 waiver of Submission Requirements Amended by Resolution No. 84 -20 Dated: 5/9/84 39 1) The Permit Authority may waive any part but not all of the submission requirements imposed by this Regulation upon petition of the applicant that full compliance with the submission requirements would be unreasonably burdensome for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. In cases in which the development or activity must also comply with PUD and /or subdivision regulations, the permit hearing required by these regulations should be held at the same time as the preliminary plat hearing. Such a waiver of submission requirements may be granted, after due consideration by the Permit Authority, upon a written determination that the information to he submitted is sufficient for the Permit Authoritv to arrive at a permit decision in full compliance with the law and these regulations and that the proposed development will have an insubstantial impact on the surrounding area. 2) The petition shall be considered and the decision rendered by the Permit Authority at a public hearing held in substantial eom_pliance with the provisions of Subsection 6.01.25 of the Administrative Regulations adopted by this jurisdiction. a) New domestic water and sewage .s 3) In the event the waiver request is denied, the applicant shall provide the required additional information on or before five (5) days prior to the date set for hearing of the application itself. If the applicant fails to provide such information, the Permit Authority may in its discretion vacate the public hearing on the application itself and require complete reapplication, or may continue the hearing in accordance with Subsection 6.01.26(1). 6.03.15 Approval of Permit Application Amended by 1) A permit application for site selection and Resolution construction of a major new domestic water or No. 84 -20 sewage treatment system shall be approved, with Dated: 5/9/84 reasonable conditions, if any, in the discretion of the Permit Authoritv, if the proposed development complies �.�ith the £ollowinq criteria: a) New domestic water and sewage .s \' r treatment systems shall be constructed in areas which will result in the proper utilization of existing treatment_ plants and the orderly cevelopment of domestic water and sewage treatment systems of communities wa_thin this County within the development area and source development area; b) The proposed development does net conflict with an approved local master plan or other applicable regional, state or federal land use or water plan; C) The proposed development does not adversely affect either sur =ace or subsurface water riabts of upstream or downstream users; d) Adequate water supplies, as determined by the Colorado Department of I?ealth, are available for efficient operational needs; e) Existing_ domestic water treatment systems servicing the area must be at or near operational capacity; f) Fxisting domestic sewage treatment facilities servicing the area must be at or greater than eighty per cent (RO %) of operational capacity; g) The scone and nature of the proposed development will not compete with existing water and sewage services or create duplicative services; h) Age of existing water and sewage systems, operational efficiency, state of repair or level of i treatment s such that replacement is warranted; i) Area and community development and population trends demonstrate clearly a need for such development; j) Existing facilities cannot be upgraded or expanded to meet waste 41 t discharge permit conditions of the Colorado Water Quality Control Division. 1:) Appropriate easements can he obtained for anv associated collector or distribution system that will serve existing and proposed needs; 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; m) The proposed development will not decrease the quality of nerinheral or downstream surface or subsurface water resources below that designated by the Colorado ,later Ouality Control Commission as established on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted; n) The proposed development or its associated collector or distribution system or new service areas will not violate federal or state air quality standards; o) The proposed development or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, 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 recreation areas, and unique areas of geologic, historic, or archaeological importance; P) The proposed development or its 42 Amended by Resolution No. 84 -20 Dated: 5/9/84 6.03.16 associated collector or distribution system will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors; n) The d proposed evelopment or its associated. collector or distribution system 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; r) The salinity and advanced wastewater treatment offset plans required by Subsections 6.O3.13(7)(b)(6) and 6.03.13(8)(e) have been approved by the Permit Athority and required fees associated therewith, if any, have been paid. s) 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. 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. 2) The permit shall he denied if the applicant fails to satisfy all the criteria outlined in 6.03.15(1). ADMINISTRATION, ENFORCEMF,NT ADID PENALTIES Administration, Enforcement and Penalties 43 The provisions of this Regulation and any permits issued hereunder shall be administered and enforceI according to the provisions of the Administrative Regulations adopted by this County. 6.03.17 Severability If any section, clause, provision, or portion of these Regulations should be found to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of this Regulation shall not be affected thereby and is hereby declared to be necessary for the Public health, safety and welfare. 44 �Y 6.04 MAJOR EXTETTSIONS OF EXISTING DOMESTIC WATER AND SENTAGE TREATMENT SYSTEMS GENERAL AND INTRODUCTORY PROVISIONS 6.04.01 Title and Citation These various subsections constituting Section 6.04 of the "Guidelines and .Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado" may be cited as the "Regulations for Major Extensions of Existing Domestic lRater Supply and Sewage Treatment Systems" of r.,agle County. 6.04.02 Purpose and Intent The purpose and intent of the Regulations contained in this Section 6.04 are as follows: .l) To insure that anticipated. growth and development that macr occur as a result of major extensions of domestic water and sewage treatment systems can he accommodated within the financial and environmental capacity of the development area and source development area to sustain such growth and development; ^) To insure the planned and orderlv land use development that may occur as a result of major extensions of domestic water and sewage treatment systems within the development area and source development area; 3) To regulate the use of land on the basis of the financial and environmental impact thereof on the community or surrounding areas within the development area and source development area. 6.04.03 Definitions 1) "Domestic water and sewage treatment system" means a wastewater treatment plant, water treatment plant, or water supply system and any system of pipes, structure, and facilities through which wastewater is collected for treatment. a) "Wastewater treatment plant" means the facility or a group of units used for treatment of wastewater from sewer systems and for the reduction and handling of solids and gases removed from sucl, wastes. 45 b) "T'.Tater supply system" means the system of pipes and structures and facilities through which a water supply is obtained, treated and sold or distributed for human consumption or the system of pipes and structures and facilities through which water is obtained which will he exchanged or traded for water which will. he used for human consumption. c) "water treatment plant" means the facility or facilities within the water supply system w1aich can alter the physical, chemical or bacteriological quality of the water. Amended by 2) "major extension of an existing domestic water Resolution treatment system" means: (1) the expansion of No. 84 -20 existing domestic water treatment capacity ror Dated: 5/9/84 storage; or (2) any extension of existing water supply systems to service an additional development density of ten (10) or more residential dwelling units or the equivalent thereof in other uses. Amended by 3) "Major extension of an existing sewage treatment Resolution system" means any modification of existing No. 84 -20 sewage treatment plant to increase hydraulic Dated: 5/9/84 capacity or upgrade treatment capability or any extension of existing main collector sewer lines or any increase in capacity of existing_ main sewer lines or any extensions to serve a total development density of ten (10) or more dwelling units or the equivalent thereof in other uses. 4) "Source area" means a geographic area or region where moisture falls and drains through natural processes to either streams or lakes or permeates to the groundwater table, analogous to catchment basin or watershed. 5) "Collector System" means a network of pipes and conduits through which sewage flows to a sewage treatment plant. 6) "Distribution system" means a network of pipes and conduits through which water is piped to the public for human consumption or a network of pipes and conduits through which water is piped to the public in exchange or trade for water for human consumption. 46 s 7) "Proposed Development" means a major extension of an existing domestic water or sewage treatment system as defined in Subsection 6.04.03 (1), (2) and (3) and includes anv proposed land development related to such system if such development specifically generates the need for a major extension of an existing major water or sewage treatment system. The term "development area" as used in this Regulation is included within the meaning of "proposed development." 8) "Source area development" means that geographic area or region wholly or partially within the unincorporated territory of this Countv which will be developed or altered in connection with a major extension of existing domestic water and sewage treatment systems, as those terms are defined in 6.04.03 (1), (2) and (3). The source development area may or may not be the same as the development area. 6.04.04 Authority These Regulations are adopted pursuant to, inter alia Section 24- 55.1 -101, et sea., and .Section 29 -20 -101, et seq., C.R.S. 6.04.05 Applicability 1) These Regulations shall apply to the site selection and construction of all major extensions of existing domestic water and sewage treatment systems. Amended by 2) A permit under these regulations shall be Resolution No. required prior to or in conjunction with 84 -20 subdivision, PUT? or preliminary plan approval, Dated: 5/9/84 but in every case must be obtained prior to commencement of constuction of the project. 6.04.06 Relationship of Regulations to Other State and Federal Requirements 1) Nothing in these Regulations shall be construed as exempting an applicant for a permit from any other requirements of this County or other state or federal laws and regulations. 2) To the extent that the requirements of these Regulations differ from anv other applicable 47 W 7 requirements, the more restrictive requirements shall apply. 3) Permit requirements included. in these Regulations shall be in addition to and conformance with all applicable state and federal water quality laws, rules and regulations, including but not limited to the following: a) Section 25- 8- 704(1)(a), C.R.S., sewage treatment plant site approval. which provides that no person shall commence the construction or expansion of any sewage treatment works intended to serve more than twenty (20) persons unless site locations and the construction or expansion have been approved and designs therefor reviewed by the Colorado Water quality Control Commission; b) Section 25 -R -501, C.R.S., point source pollutant discharge permit; c) Section 208 (33 U.S.C. Section 1258) areawide wastewater treatment management planning; d.) e) f) g) h) Section 303 (33 U.S.C. Section 1313) river basin water quality management planning; Disposal of sewage sludge (33 U.S.C. Section 1345); Section 32 -1 -201, C.R.S., Special District. Control .Act; 16 U.S.C. Section 661- 666(c) (1970), The Fish and PTildlife Coordination Act, and. Section 102(c) (42 U.S.C. Section 4321, et seq.), The National Environmental Policv Act; i) Section 404 of the Clean Water Act. DESIGNATION OF MAJOR EXTENSIOFS OF 7=,TING WATER. AND SEG ?AGE TREATMENT SYSTEMS 6.04.07 Designation of Maior Extensions of Existing Domestic Water and Sewage Treatment Svstems The Board of County Commissioners having considered the intensity of current and foreseeable development pressures and applicable Guidelines for Identification 48 and Designation adopted and issued by the Colorado Land Use Commission, it is the order of the hoard of County Commissioners that major extensions of existing domestic water and sewage treatment systems he designated a matter of State interest and regulated pursuant to the provisions of this Section 5.04 6.04.08 Boundaries of Area Covered by Designation Major extensions of existina domestic water and sewage treatment systems wholly or partially within the unincorporated territory= o.f this County shall be subject to this designation and regulation. 6.04.09 Reasons for Designation Major extensions of existing domestic water and sewage treatment systems is hereby designated as a matter of State interest for the reasons stated in Subsection 6.04.02 of this Chapter. PERMIT APPLICATIONS AND PERMITS 6.04.10 Application Procedure The procedures concerning permit applications, notice and conduct of permit hearings, review of Permit Authority decisions, and the issuance and content of permits to engage in major extension of existing domestic water and sewage treatment systems shall comply with the provisions set forth in Subsections 6.01.22 through 6.01.31, inclusive, of the Administrative Regulations adopted by this jurisdiction. 6.04.11 Prohibition of Major Extensions of Existing_ Domestic Water and Sewage Treatment Systems 1) No person may engage in a major extension of a domestic water or sewage treatment system wholly or partially within the unincorporated territory of this County without first obtaining a .permit pursuant to these Regulations. 2) No local authority_ shall issue a building permit for purposes of a major extension of an existing domestic water or sewage treatment system without the applicant first havina obtained a permit pursuant to these Regulations. 6.04.12 Application for Permit Amended by 1) Any person seeking to develop a major extension Resolution of an existing domestic water or sewage No. 84 -20 treatment system wholly or partially within the Dated: 5/9/84 49 unincorporated territory of this County shall apply for a permit from the Permit Authority on the appropriate form prescribed by these regulations, at Exhibit 6 and maintained in the office of the Department of Community Development of this County. (For sewage systems the site application form adopted by the ['later Quality Control Commission will be completed and attached to the application form.) 2) Not later than ten (10) days following receipt of a completed application for a permit to locate or construct a major extension of an existing domestic water or sewage treatment system, the Permit Authority shall determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings conducted therefor, and shall notify the applicant in .eritinq of said fee and its amount. Not later than ten (10) days following his receipt of such notice, the applicant shall present to the permit Authority nonrefundable certified funds in the amount set. Until the fee is paid to the Permit Authority,t_he application for permit shall not be further processed. 6.04.13 Submission Requirements An application for a permit to develop a major extension or an existing domestic water or sewage treatment system shall be accompanied by five (5) copies of the following documents and information: 1) An abstract of the proposal indicating the scope and need for the development; 2) Preliminary review and comment on the proposal by the appropriate agency of the Colorado Department of Natural Resources and the Colorado Department of Health within sixty (60) days; 3) Alternative potential site locations and deq_ree of feasibility of each.; 4) Proponents of proposal: a) Names, addresses and business of all local and other interests proposing site of major expansion of a domestic water or sewage treatment system; 50 b) Name and qualifications of the persons) responding to the requirements detailed in these Regulations; 5) Scone of proposal: a) Provide detailed engineering plans and specifications of proposal including proposed system capacity and service area plans mapped at an appropriate scale; b) Provide a description of all existing or approved -proposed systems within the development area and source development area; C) Detail the design rapacity of each treatment system and distribution or collection network, in the community or development area and source development area, d) Specify the excess capacity of each treatment system and distribution or collection network in the community or development area and source development area, e) Provide an inventory of total commitments already made for current water or sewage services; f) Detail the operational efficiency of each existing system in the development area and source development area, including age, state of repair, and level of treatment; Amended by g) Detail the source and rights for the water Resolution supplies for the system, including any No. 84 -20 permits, decrees or contracts for such Dated: 5/9/84 rights, or the application submitted for change of water rights, appropriation of water or augmentation plans. h) Detail water utilization including historic yield from rights and uses by category such as agricultural, municipal and industrial, and supply obligations to other systems; i) Provide a description and detailed 51 6) 7) engineering plans and specifications of t-he proposed construction of structures, buildings, and improvements associated with the project and the financial, environmental and social impacts thereof on the community or surrounding areas within the development area and source development area; Demonstrate the need for a major expansion of a domestic water or sewage treatment system: a) Provide population trends for the development area and source development area, e.g., present population, population projections and growth rates; b) Specify the predominant types of developments to be served by the proposed extension of water or sewage treatment system; c) Specify at what percentage of the design capacity the current system is now operating: Water treatment system: Wastewater treatment system: d) Specify whether or not 'Present facilities can be upgraded to adequately accommodate the ten -year projected increased need in treatment and /or hydraulic capacity; Environmental impact analysis: a) Land Use: (1) Provide a map (at an appropriate scale) detailing existing land uses of the proposed development, source development area and the project service area, including peripheral lands which may be impacted. The land use map should include, but not necessarily be restricted to, the following categories: residential, commercial, industrial, extractive, transportation, communication and 52 (7) Detail the present zoning of the land in the development area and source development area; (8) Detail the agricultural productivity capability of the land in the development area and source development area (SCS classification); (P) Specify how the proposed development will utilize existing easements or rights -of -way for new associated distribution and collector networks; Amended by (10) Describe the probability that the Resolution system may be significantly affected No. 84 -20 by earthquakes, floods, fires, Dated: 5/9/84 snm-7slides, avalanches, rockslides or landslides and any measures taken to reduce the impact of such events upon the system; 53 and utility, institutional, open space, outdoor recreation, agricultural, forest land and water nod i.es; (2) All immediately affected public land boundaries should be indicated on the map. Potential impacts of the proposed development upon public lands will be visually illustrated on the map as well as described in textual `orm; (3) Specifv whether the proposed project conforms to this County's planning policies; (4) Specifv whether the proposed project conforms to regional and state planning policies; (5) Specify whether the proposed project conforms to federal land management policies, (6) Describe the present use of the land in this development area and source development area; (7) Detail the present zoning of the land in the development area and source development area; (8) Detail the agricultural productivity capability of the land in the development area and source development area (SCS classification); (P) Specify how the proposed development will utilize existing easements or rights -of -way for new associated distribution and collector networks; Amended by (10) Describe the probability that the Resolution system may be significantly affected No. 84 -20 by earthquakes, floods, fires, Dated: 5/9/84 snm-7slides, avalanches, rockslides or landslides and any measures taken to reduce the impact of such events upon the system; 53 (11) Specify whether the demand for this project is associated with development within or contiguous to existina service areas. b) water Resources: Amended by (1) Describe and indicate on an Resolution appropriate man relevant surface No. 84 -20 water bodies (streams, lakes, and Dated: 5/9/84 reservoirs) and groundwater aquifers in the area and their uses; (2) On the same or another appropriate map indicate any floodplain associated with the proposed development. Documentation of historical flooding activity should be included. Detail potential adverse impacts of associated floodplain; Amended by (3) Describe potential effects of the Resolution proposed development on No. 84 -20 eutrophication, wasteload Dated: 5/9/84 allocations and water quality o_c the Eagle ?iv.er and any existing or proposed reservoirs in the County; Amended by (4) Describe the potential effects of Resolution the proposed project on the No. 84 -20 above - detailed water features, Dated: 5/9/84 including the effects on present water quality and current uses. Include a detailed statement of the proposed project's impact upon the total dissolved solids and hardness of the Eagle River measured. at Powd Junction and Dotsero and of the Colorado River and the Roaring Fork River measured at the Garfield -Eagle Countv line, respectively; (5) Describe the potential adverse effects of the proposed development upon plant and animal life dependent upon the water resources in question; (o) The applicant will present technical material describing and 54 quantifying the impact the proposed development will have upon salinity, or Total Dissolved Solids (TDS) in the Colorado River, and shall formulate and propose a plan for the mitigation of such impacts. The Permit Authority sha11 apply the following standards for the determination of compliance with this subsection: (a) Colorado River Salinity (-DS) will be maintained as Prescribed by "Water quality Management Plan -- Colorado River nasin, Appendix C, Colorado Department of r- ?ealth, October, 1975." (b) In order to offset salinity increases, projects subject to these Regulations which divert water from the natural drainage of the Colorado River within the County will be required to offset salinity increases by mitigation measures designed to insure that the cost of the present and prospective uses of water and land within the natural drainage of the Colorado River within the State of Colorado shall not be increased. Said mitigation measures shall be determined by the Permit Authority. (c) In applying the standards set forth at Subsection 6.04.13(7)(b)(6) supra, the Permit Authority shall he guided by the following criteria in the identification and selection of mitigation measures: (i) First preference shall be given to eliminating salinity sources within the County, second to 55 rl y' sources within Planning and Management Region XII, third to sources within the State of Colorado. ^io mitigation measure shall be selected which results in the removal of lands from irrigated agriculture within the natural drainage of the Colorado River within the State of Colorado. Preference shall be given to the compensatory storage of water. :within the natural drainage of the Colorado River within the State of Colorado. (iv) The extent o` mitigation shall be determined by comparison of the measured five -year average salinity_ in Lake Powell prior to the diversion and the calculated effect on the average salinity in Lake Powell after the project. (v) Anv other or different limitation which may be required by the circumstances and effect of the proposed project. c) Air Qualitv: Detail the impact of proposed development on ambient air quality of the area or community in question; d) Significant Environmentally Sensitive Factors: Identify and locate on a map of an appropriate scale the juxtaposition of any of the following features present in the 5G proposed development and source development area and its environs and detail the potential impact of the proposed development upon each feature: (1) Marshlands and wetlands, (2) Groundwater recharge areas, (3) Potential natural hazards, (4) Forests and woodlands, (5) critical wildlife habitat, (6) Public, outdoor recreation areas, (7) Unique areas of geologic, historic and archaeological importance, and (9) Critical aquatic life habitat. e) Visual aesthetics and nuisance factors; f) Describe what impact the development will have upon the need for and supply of public transportation in the County. 9) Financial impact analysis o`_ major extensions of existing domestic water and sewage treatment facilities will include but not be limited to the following: a) Review and summary of any existing engineering and /or financial feasibility studies, assessed taxable property valuations, property tax collection experience, and all other matters of aid. in determining the feasibility of the extension, including such as related to: (1) Service area and /or boundaries; (2) Applicable methods of transmitting, storing, treating and deli_verinq water and collecting, transmitting, treating and discharging sewage (including effluent and /or sludge disposal); (3) Estimated construction costs and period of construction of each major 57 } 4s extension component; (a) Assessed valuation of the property_ to be included within the service area and /or boundaries; (5) Revenues and operating expenses of the new facility including but not limited to historical and estimated property taxation, service charges and rates, assessments, connection and tap fees, standby charges and all other revenues of the new facility; (r.) Amount and security of proposed debt and method and estimated cost of debt service; (7) Details of anv substantial contract or agreement for revenues (as in "(5)" above) or for services to he paid, furnished or used by or with anv person, association, corporation and governmental body. b) provide a debt retirement schedule based upon anticipated service `ees and tax base; c) Identification of the person, association, corporation and governmental body that will benefit by, use and will pay any or all of the revenues (as in "(5" above); d) If the major extension capacity exceeds the proposed ten (10) year population growth needs as detailed by the appropriate region's 208 planning demographic projections, then detail the excess service capacity and the cost of such excess capacity to the community; e) Increased Domestic and /or Municipal Water Treatment Costs and, /or Wastewater Treatment Costs: (1) The applicant shall submit a plan to offset increased domestic and /or municipal water treatment and /or wastewater treatment necessary to meet water quality standards and determined to he a direct result of 58 flow modification through changes in the transport of nutrients, total dissolved solids, hardness, minerals or other pollutants due to the operation of anv project facilities proposed by the applicant. This may be accomplished either by LL construction and operation of additional domestic and /or municipal water treatment facilities and /or wastewater treatment facilities made necessary by the reduction in flow, or the applicant may elect to pay a fee in lieu of those mitigation measures. This fee will be based upon the additional costs of domestic and municipal treatment and /or wastewater treatment (capital, operation and maintenance), and it will be used exclusively for meetinq the costs of such additional domestic and /or municipal treatment and /or wastewater treatment. 9) Any demographic data needed to fulfill the requirements of these Reaulations shall he consistent with those used for the 208 areawide waste treatment management planning. 10) For each alternative expansion being considered by the applicant, the information specified in Subsections (1) throua_h (9) of this Rubsection 6.04.1:1. Amended 6.04.14 waiver of Submission Requirements by Resolution No. 84 -20 1) The Permit Authority may waive anv part but not Dated: 5/9/84 all of the submission requirements imposed by this Regulation upon petition of the applicant that full compliance with the submission requirements would be unreasonably burdensome for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. In cases in which the development or activity must also comply with PUP and /or subdivision regulations, the permit hearing required by these regulations should he held at the same time as the preliminary plat hearing. Such a waiver of submission requirements may be granted, after due consideration by the Permit Authority, upon a written determination that the information to be 5C) y submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and these regulations and that the proposed development will have an insubstantial impact on the surrounding area. 2) The petition shall be considered and the decision rendered by the Permit Authority at a public hearing held in substantial compliance with the provisions of Subsection 6.01 .25 of the Administrative Regulations adopted by this jurisdiction. 3) In the event the waiver request is denied, the applicant shall provide the required additional information on or before five (5) days prior to the date set for hearing of the application itself. if the applicant fails to provide such information, the Permit Aut_horit-r may in its discretion vacate the public hearing on the application itself and require complete reapplication, or may continue the hearing in accordance with Subsection 6.01.26(1). 0.04.15 Approval of Permit Application Amended by 1) A permit application for a major extension of Resolution existing domestic water or sewage treatment No. 84 -20 system shall be approved, with reasonable Dated: 5/9/84 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; 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; 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 60 development area; d) Adequate water supplies as determined bv_ the Colorado Department of Realth are available for efficient operational needs; e) Existing domestic water treatment systems servicing the area must be at or near operational capacity; f) Existing domestic sewage treatment facilities servicing the area must be at or greater than eighty per cent (80 %) of operational capacity; g) The scope and nature of the proposed development will not compete with existing_ water and sewage services or create duplicate services; h) Age of existing water and sewage systems, operational efficiency, state of repair, or level of treatment is such that replacement is warranted; i) Area and community development and population trends demonstrate clearly a need for such development; j) Existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Ilater ruality Control Commission; k) Appropriate easements can be obtained for any associated collector or distribution system that will serve existing and proposed needs; 1) The benefits of the proposed development outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of tree proposed development; M) The proposed development will not decrease the quality of peripheral or downstream surface or subsurface water resources below that designated b�7 the Colorado Water Quality Control Commission as established on May 22, 1979, and effective Julv 10, 1979, or more stringent standards of 3 subsequently adopted; n) The proposed development or its associated collector or distribution system or new service areas will not violate federal or state air quality standar(q.s; 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, 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 of geologic, historic or archaeological importance; 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; 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 Countv shall be considered in determining whether an "undue financial burden" will result; Amended by r) The development site of a proposed major Resolution extension of an existing domestic water. or No. 84 -20 sewage treatment system is not subject to Dated: 5/9/84 significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rockslides or other disasters which could cause a system operational breakdown; S) Any proposed domestic water treatment and distribution system is capable of providing water meeting the requirements of the Colorado Department of Health. 62 3 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. 21 The permit shall he denied if the applicant fails to satisfy all the criteria outlined in Subsection 6.04.15(1). ADMINISTRATION, EOPORCrWRT alln PFNALTrr.,S 6.04.16 Administration, Enforcement, and Penalties The provisions of these Regulations and any permits issued hereunder shall be administered and enforced according to the provisions of the Administrative Regulations adopted by this County. 6.04.17 Severability If any section, clause, provision, or portion of these Regulations should be found to he unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of these Regulations shall not be affected thereby and is hereby declared to be necessary for the public health, safety and welfare. 63 6.05 EFFICIENT UTILIZATION OF MUNICIPAL AND INDUSTRIAL WATER PROTECTS GENERAL AND INTRODUCTORY PROVISIONTS 6.05.01 Title and Citation These various sections constituting Section 6.05 of the "Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado" may be cited as the "Regulations for Municipal and Industrial Water Projects" of the County of Eagle. 6.05.02 Purpose and Intent The purpose and intent of regulations contained in this Section 6.05 shall be to: 1) Insure that municipal and industrial water projects are developed in a manner so as to emphasize the most efficient use oEwater, including, to the extent permissible under law, the recycling and reuse of water; 2) Insure that 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 recnar.ae areas; 3) Insure that municipal and industrial water projects are developed in such a manner so as not to pollute rivers, streams, lakes, reservoirs, ponds and aquifer recharge areas within the source development area; 4) Insure that the off -site impacts of municipal and industrial water projects are effectively_ mitigated. 6.05.03 Definitions 1) Aquifer Recharge Area Aquifer Recharge Area means any area where surface waters may infiltrate to a water bearing stratum of permeable rock, sand or gravel. This definition will also include wells used for disposal of wastewater or other toxic pollutants. 64 6.0.5.04 6.05.05 2) efficient Use of Water Efficient Use of Pater means the employment of methods, procedures, techniques, and controls to insure that the amount of water and the purpose for which water is used will yield the greatest possible benefit to the greatest number of people. Such benefits will consider, but not be limited to, economic, social, aesthetic, environmental and recreational. 3) * municipal and Industrial Water Project Municipal and Industrial later Project means a system and all integrated components thereof through which a municipalitv(ies) and /or industry derives its water supply from either surface or subsurface sources. This includes a system and all integrated components thereo_ through which a municipality or industry derives .eater exchanged or traded for water it uses for its own needs. This term also includes stormwater and wastewater disposal systems of a municipality(ies) and /or industry. 4) Recycling Recycling means the treatment of wastewater in a manner that will replenismi its quality to the standard established by the Colorado Department of Public Health where permissible by Colorado water law. 5) Source Development Area Source Development Area ;Weans that geographic area or region wholly or partially within the unincorporated territory of this County which will be developed or altered in connection with the development of a municipal or industrial water project as these terms are defined in Subsection 6.05.03(3). Authority These Regulations are adopted pursuant to inter alia, Section 24 -65.1 -101, et seq., and Section 29 -20 -101, et seq., C.R.S. Applicability 65 PERMIT APPLICATIOR AND PERMITS 6.05.10 Application Procedure The procedures concerning permit applications, notice and conduct of permit hearings, review of Permit Authority decisions, and the issuance and content of permits to engage in development of a municipal or industrial water project shall comply with the provisions set forth in Subsections 6.01.22 through 6.01.31, inclusive, of the Administrative Regulations adopted by this County. 6.05.11 Prohibition of Development of municipal and Industrial Water Projects 1) No person may engage in development of a municipal or industrial �•aater project in the unincorporated territory of this County without first obtaining a permit pursuant to these Regulations. 2) No local authority shall issue a building permit 67 for purposes of developing or construction of a municipal or industrial water project without the applicant first having obtained a _permit pursuant to these Regulations. 6.05.12 Application for Permit Amended by 1) Any person seeking to engage in development of a Resolution municipal or industrial water project within the No. 84 -20 unincorporated territory of this Countv shall Dated: 5/9/84 apply for a permit from the Permit Authority on the appropriate form prescribed by these regulations, at Exhibit 6, and maintained in the office of the Department of Community Development of this County. 2) Not later than ten (10) days following receipt of a completed application for a permit to locate or construct a muncipal or industrial water project, the Permit Authority shall determine and set a fee in an amount necessary to cover the costs incurred in the review and approval or disapproval of the permit application, including all hearings conducted therefor, and shall notify the applicant in writing of said fee and its amount. Not later than ten (10) days following 67 1) These Regulations shall apply to development of municipal and industrial water projects wholly or partially within the unincorporated territory of this County. Amended by 2) A permit under these regulations shall be Resolution required prior to or in conjunction with No. 84 -20 subdivision, PilD or preliminary plan approval, Dated: 5/9/84 but in every case must be obtained prior to commencement of construction of the project. 6.05.06 Relationship to Other Requirements 1) Nothing in these Regulations shall be construed as exempting an applicant for a permit from any other requirements of this County or other state or federal laws and regulations. 2) To the extent that the requirements of these Regulations differ from anv other applicable requirements, the more restrictive requirements shall apply. DESIGNATION OF EFFICIENT UTILIZATION OF MUNICIPAL AND INDUSTRIAL wATF,R PROJECTS 6.05.07 Designation of Efficient Utilization of Municipal and Industrial Water Projects The Board of County Commissioners having considered the intensity of current and. foreseeable development Pressures and applicable Guidelines for Identification and Designation adopted and issued by the Colorado Land Use Commission, it is the order of the Board of County Commissioners that efficient utilization of municipal and industrial water projects be designated a matter of State interest and regulated pursuant to the provisions of this Section 6.05. 6.05.08 Boundaries of Area Covered b_y Designation Development of municipal and industrial water projects within the unincorporated territory of this County shall he subject to this designation and regulation. 6.05.09 Reasons for Designation Development of municipal and industrial water projects is hereby designated as a matter of State interest `or the reasons stated in Subsection 6.05.02. 66 his receipt of such notice, the applicant shall present to the Permit Authority nonrefundable certified funds in the amount set. ;?ntil the fee is paid to the Permit Authority, the application shall not be further processed. 6.05.13 Submission Requirements An application for a permit to engage in development of a municipal or industrial water project shall be accompanied by five (5) copies of the following documents and information: 1) An abstract of the proposal indicating the scope and need for the development; 2) Preliminary review and comment on the proposal by the appropriate agencv of the Colorado Department of Natural Resources and the Colorado Department of Health within sixty (60) days; 3) Alternative potential site locations and degree of feasibility of each; 4) Proponents of proposal: a) Names, addresses, and business of all interests 'Proposing the development_ of a municipal or industrial water project; b) Name and qualification of person(s) responding to the requirements of these Regulations. 5) A detailed report on the proposed municipal or industrial water project to include: a) Location and scope of the proposed project; b) Current and future needs for such development; c) Inventory of existing water projects presently serving the municipality or area in question and excess service capacity_ of each project; d) Population trends, projections and growth rates (if a municipal project); e) Primary source of proposed water resource. 68 6) Verification that the proposed water project will not conflict with federal, state, regional, or County planning policies or regulations applicable to land or water resources; 7) Detail proposed methods of insuring efficient use of water resources within the municipality or industrial area and the source development area. Such methods should consider metering of all users, examination of rate structure to discourage waste and recycling of water for reuse where permissible by Colorado water law; B) Provide a description and detailed engineering plans and specifications of the proposed construction of structures, buildings, and improvements associated with the project and the financial and environmental impacts thereof on the community or surrounding_ areas within the development area and source development area; 9) In instances where municipal or industrial wastewater or stormwater dis_nosal methods are not subject to and regulated by other state and /or federal statutes or regulations, detail the proposed methods by which stormwaters or wastewaters will be prevented from contaminating aquifers; 10) Provide assurance that the proposed municipal or industrial water project is capable of supplying water of a quality to be determined by the Colorado Department of Health; 11) Identify and locate on a map of an appropriate scale the juxtaposition of any of the following features present in the source development area and detail the potential impact of the municipal or industrial water project upon each feature: a) Marshlands and wetlands, b) Groundwater recharge areas, c) Potential natural hazards, d) Forests and woodlands, e) Critical wildlife habitat, f) Public outdoor recreation areas, 69 g) Unique areas of geologic, historic and archaeological importance, and h) Critical aquatic life habitat. 12) Describe the potential adverse effects of the diversions of water from the source development area upon plant and animal life dependent upon the water resources in question; 13) Describe and indicate on an appropriate map relevant surface water bodies (streams, lakes, reservoirs, etc.) and groundwater aquifers in the source development area and their uses. Describe the effects of the diversion of water for the municipal or industrial water project on the above - detailed water seature(s) including the effects on present mater quality, current and foreseeable uses; 14) Detail the present zoning of the land in the source development area; 15) Detail the agricultural Productivity capability of the land in the source development area (SCS classification) and describe the potential effects of the diversion of water for the municipal or industrial water project on that agricultural productivity capability; lo) The applicant will present technical material describing and quantifying the impact the proposed development will have upon salinity, or Total Dissolved Solids (TDS) in the Colorado River, and shall formulate and propose a plan for the mitigation of such impacts. The Permit Authority shall apply the following, standards for the determination of compliance with this subsection: a) Colorado River Salinit�7 (TDS) will be maintained as prescribed by "?•. *ater Quality *Management Plan -- Colorado River Basin, Appendix r.., Colorado Department of Health, October, 1975." b) In order to offset salinity increases, Projects subject to these Regultions which divert water from the natural drainage of the Colorado River within the County will be required to offset salinity increases by mitigation measures designed to insure that 70 the cost of the present and Prospective uses of water and land within the natural drainage of the Colorado River within the State of Colorado shall not he increased. Said mitigation measures shall he determined by the Permit Authoritv. C.) In applying the standards set forth in this subsection, supra, the Permit Authoritv shall he guided by the following criteria in the identification and selection o` mitigation measures; (1) First preference shall be given to eliminating salinity sources within the County, second to sources within Planning and Management Region XTI, third to sources within the State of Colorado. (2) No mitigation measure shall be selected which results in the removal of lands from irrigated agriculture within the natural drainage of the Colorado River within the State of Colorado. (3) Preference shall be given to the compensatory storage of water within the natural drainage of the Colorado River within the State of Colorado. (4) The extent of mitigation shall be determined by comparison of the measured five -year average salinity in Lake Powell prior to the diversion and the calculated effect on the average salinity in Lake Powell after the project. (5) Any otli.er or different limitation which may be required by the circumstances and effect of the proposed project. 17) Increased Domestic and /or municipal Water Treatment Costs and /or Wastewater Treatment Costs: The applicant shall submit a plan to offset increased domestic and /or municipal water treatment and /or wastewater treatment necessary_ to meet water quality standards and. determined to be a direct result of flow modification 71 through changes in the transport of nutrients, total dissolved solids, hardness, minerals or other pollutants due to the operation of any project facilities proposed by the applicant. This may be accomplished either by construction and operation of additional domestic and /or municipal water treatment facilities and /or wastewater treatment facilities made necessary by the reduction in flow, or the applicant may elect to pay a `ee in lieu of those mitigation measures. This fee will be based upon the additional costs of domestic and /or municipal treatment and /or wastewater. treatment (capital, operation and maintenance); and it will be used exclusively for meeting the costs of such additional domestic and /or municipal treatment and /or wastewater treatment; 13) Any demographic data needed to fulfill the requirements of these Regulations shall be consistent with those used for the 208 areawide waste treatment management planning; Amended by 191, Describe potential effects of the proposed Resolution development on eutrophication, wasteload No. 84 -20 allocations an:1 water quality of the Eagle River Dated: 5/9/84 and any existing or proposed reservoirs in the County; Amended by 20) Describe the potential effects of the proposed Resolution project on the above - detailed water Features, No. 84 -20 including the effects on present water quality Dated: 5/9/84 and current uses. Include a detailed statement of the proposed project's impact upon the total dissolved solids and hardness of the Eagle River measured at Dowd Junction and Dotsero and of the Colorado River and the Roaring Fork River measured at the Garfield -Eagle County line, respectively; 21) For each alternative site or expansion area being considered by the applicant, the information specified in subsections (1) through (20) of this Subsection 6.n5.13. Amended 6.05.14 Waiver of Submission Requirements by Resolution No. 84 -20 1) The Permit Authority may waive any part but not Dated: 5/9/84 all of the submission requirements imposed by this regulation upon petition of the applicant that full compliance with the submission requirements would be unreasonably burdensome 72 for the applicant and that the proposed development will have an insubstantial impact on the surrounding area. In cases in which the development or activity must also comply with PLTD and /or subdivision regulations, the permit hearing required by these regulations should he held at the same time as the preliminary plat hearing. Such a waiver of submission requirements may be granted, after due consideration by the Permit Authority, unon a written determination that the information to be submitted is sufficient for the Permit Authority to arrive at a permit decision in full compliance with the law and these regulations and that the proposed development will have an insubstantial impact on the surrounding area; 2) The petition shall be considered and the decision rendered by the Permit Authority at a public hearing held in substantial compliance with the provisions of Subsection 6.01.25 of the Administrative Regulations adopted by this jurisdiction; 3) In the event the waiver request is denied, the applicant shall Provide the required additional information on or before rive (5) days prior to the date set for hearing of the application itself. If the applicant fails to provide such information, the Permit Authority may in its discretion vacate the public hearing on the application itself and require complete reapplication, or may continue the hearing in accordance with subsection A.01.26(1). 6.05.15 Approval of Permit Application. Amended by (1) A permit application for development of a Resolution municipal or industrial water project shall be N0. 84 -20 approved, with reasonable conditions, if any, in Dated: 5/9/84 the discretion of the Permit Authority, if the proposed development complies with the following criteria: a) The need for the proposed water project can be substantiated; b) Assurances of compatibility of the proposed water project with federal, state, regional and County planning policies reqarding -.and use and water resources; c) Municipal and industrial water projects 73 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; d) Provisions to insure that the proposed water project will not contaminate surface water resources; e) The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health; f) The proposed :?iversion of water From the source development area will not decrease the quality of peripheral or -lownstream surface and subsurface water resources in the source development area below that designated by the Colorado Plater duality Control Division on Play 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted; 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 habitats, 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 of geologic, historic or archaeological importance; 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 and required fees associated therewith, if any, have been paid; i) The construction of structures, buildings, and improvements associated with the Proposed development will not significantly 74 6.05.16 6.05.17 impact existing or proposed communities within the development area and source development area. 2) The permit shall be denied if the applicant fails to satisfy all the criteria outlined above. ADMITJISTR.ATION, EPTFORCEMPNT AND PENALTIRS Administration, Enforcement and Penalties The provision of these Regulations and anv permits issued hereunder shall be administered and enforced according to the provisions of the Administrative Regulations adopted by this County. Severability If anv section, clause, provision, or portion of these Regulations should he round to be unconstitutional or otherwise invalid by a court of competent jurisdiction, the remainder of these Regulations shall not be affected thereby and is hereby declared to be necessary for the Public health, safety and welfare. 75 EXHIBIT 6 APPLICATION FOR A PERMIT TO CONDUCT A DESIGNATED ACTIVITY OF STATE INTEREST OR TO ENGAGE IN DEVELOPMENT IN A DESIGNATED AREA OF SPATE INTEREST TO: Permit Authority. (Name of Jurisdiction) RE: , a matter of State Interest. FROM: Applicant's Name) (address) Telephone Date Submitted: Date Received: 1. MATTER OF STATE INTEREST The applicant requests that a permit be issued for each of the items checked below: A permit to engage in development in one or more of the following areas of State Interest: ( ) Flood hazard areas A permit to conduct one or more of the following activities of State Interest: ( ) Site selection and construction of major new domestic water and sewage treatment systems. ( ) 'Iajo.r extensions of existing domestic crater and sewage treatment systems. ( ) Efficient utilization of municipal and 76 industrial water projects. 2. PROPOSED ACTIVITY OR DEVELOPMENT General description of the specific activity or development proposed (attach additional sheets if necessarv): 3. GENERAL DESCRIPTION A general, non -legal description and the Popular name, if any, of the tract of land upon Maich the activity or development is to be conducted (attach additional sheets if necessary): 4. LEGAL DESCRIPTION The legal description, inclndinq the acreage, of the tract of land upon which the development or the activity is to be conducted, by metes and bounds or by government survey description (,attach additional sheets if necessary: 5. 06VNR°S AND INTERESTS Set out below the names of those persons holding recorded legal, equitable, contractual and option interests and any other person known to the applicant having an interest in the property described in paragraph 4, above, as well as the nature and extent of those interests for each person, provided that such recorded interests shall be limited to those which are 77 recorded in the County Pecorder's Office of this jurisdiction, the land office of the Pureau of Land Management for this State, the Office of the State Board of Land Commissioners of the Department of Natural Resources, or the Secretary of State's Office of this State (attach additional sheets if necessary): 6. SUPMISSION REQUIREMENTS Submission requirements described in the regulations which have been adopted by this jurisdiction for each of the activities or areas checked in paragraph 1, above, are attached to this application. Those attachments are identified, by letter or number, and described by title below: 7. DESIGN AND PERFORMANCE STANDARDS The attached analyses show that each of the design and performance standards set forth in the regulations for each of the activities or areas checked in paragraph 1, above, will be met. The individual analyses is identified by reference to the appropriate paragraph or section numbers corresponding to each standard in the appropriate regulations adopted by this jurisdiction. 8. MASTER PLAN a. Does this activity or development comply with the Master Plan of this jurisdiction? Yes No 78 b. If it does not comply, please explain now it does not appl.v: 9. ADDITIONAL INFORMATION REQUIRF..D BY LOCAL (30WERNMENT Attach any additional information required by this jurisdiction. 10. DURATION OF PERMIT The applicant requests a permit for a period of APPLICANT BY: (Name TITLE: NOTE: Within ten (10) days following receipt of a completed application for a permit, the Permit Authority shall determine and set a fee in an amount necessary to cover the costs incurred in the review and approval of the permit application, including all hearings conducted therefor, and shall notify the applicant in writing of said fee and its amount. ?NTOt later than ten (10) days following his receipt of such notice, the applicant shall present to the Permit Authority non - refundable certified funds in the amount as set. Until the fee is paid to the Permit Authority, the application for a permit shall not be further processed. 79 9 3 ,z EXHIBIT 6 APPLICATION FOR A PERMIT TO CONDUCT A DESIGNATED ACTIVITY OF STATE INTEREST OR TO ENGAGE DT DEVELOPMENT IN A DESIGNATED AREA OF STATF D71FRRST TO: Permit Authority, Name of Jurisdiction) RE: a matter of State Interest. FROM: (Applicant's Name l,ddress Telephone, Date Submitted: Date Received: 1. MATTER. OF STATE INTEREST The applicant requests that a permit be issued for each of the items checked below: A permit to engage in development in one or more of the following areas of State Interest: ( ) Float hazard areas A permit to conduct one or more of the following activities of State Interest: ( ) Site selection and construction of major new domestic water and sewage treatment systems. ( ) Major extensions of existing domestic water and sewage treatment systems. ( ) Efficient utilization of municipal and 76 industrial water projects. 2. PROPOSED ACTIVITY OR DEVELOPMENT General description of the specific activity or development proposed (attach additional sheets if necessary): 3. GENERAL DESCRIPTION A aeneral, non -legal description and the popular name, if any, of the tract of land upon which the activity or development is to be conducted (attach additional sheets if necessary): 4. LMEAL DESCRIPTION The legal description, including the acreage, of the tract of land upon which the development or the activity is to be conducted, by metes and bounds or by government survey description (attach additional sheets if necessary): 5. OWi ERS AND IIgTERRSTS Set out below the names of those persons holding recorded legal, equitable, contractual and option interests and anv other person known to the aonlicant having an interest in the property described in paragraph 4, above, as 4re11 as the nature and extent of those interests for each person, provided that such recorded interests shall be limited to those which are 77 V recorded in the County Recorder's Office of this jurisdiction, the land office of the Bureau of Land Management for this State, the Office of the State Board of Lard Commissioners of the Department of Natural Resources, or the Secretary of State's Office of this State (attach additional sheets if necessary): 6. SUP,tfiTSSION RRQIJIP.FIM]TS Submission requirements described in the regulations which have been adopted by this jurisdiction for each of the activities or areas checked in paragraph 1, above, are attached to this application. Those attachments are identified, by letter or number, and described by title below: 7. DESICdi AND PF'RFORMANCF STANDARDS The attached analyses show that each of the design and performance standards set forth in the regulations for each of the activities or areas checked in paragraph 1, above, will be met. The individual analyses is identified by reference to the appropriate paragraph or section numbers corresponding to each standard in the appropriate regulations adopted by this jurisdiction. S. MSTER PLAN a. Does this activity or development comply with the Plaster Plan of this jurisdiction? Yes Pb 78 b. If it does not comply, please explain how it does not apply: 9. ADDITIONAL =FORMATION REQUIP.EL BY LOCAL, G0�7EPNMENT1 Attach any additional information required by this jurisdiction. 10. DURATION OF PERMIT The applicant requests a permit for a period of APPLICANT BY: (Name) TITLE: NOTE: Within ten (10) days following receipt of a completed application for a permit, the Permit Authority shall determine and set a fee in an amunt necessary to cover the costs incurred in the review and approval of the permit application, including all hearings conducted therefor, and shall notify the applicant in writing of said fee and its amount. Not later than ten (10) days following his receipt of such notice, the applicant shall present to the Permit Authority non - refundable certified funds in the amount as set. Until the fee is paid to the Permit Authority, the application for a permit shall not be further processed. ,w 79