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Home My WebLink AboutR93-050 1041 for Kensington Partners (north east water main)4, / `td Commissioner ��,BQ,jlp moved adoption of the followi Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO w C31 a� o RESOLUTION NO. 93 - 0 c, o APPROVAL OF PERMIT FOR MAJOR EXTENSION OF WATER SUPPLY LINE b �i to serve the CORDILLERA DEVELOPMENT, o IN ACCORDANCE WITH SECTIONS 6.03, 6.04 and 6.05, x°j EAGLE COUNTY ADMINISTRATIVE REGULATIONS LZI b i (North East Water Main) rn File No. 1041 - 021 -93 WHEREAS, on April 7, 1993, The Eagle and Colorado Valley Planning Commission considered the application of Kensington y� Partners, a Colorado limited partnership (hereinafter "Appli- cant"), to conduct the following activity of state interest: O w 6.03 Site selection and construction of z� ° maior new domestic water system. � � O ° 6.04: Major extension of existing water treatment system. t� 6.05: Efficient utilization of municipal and b industrial water project. ° rti Said application seeks approval of an alternative water supply p source and related extension of water supply lines to serve the b b Cordillera Development, which were previously permitted under O w File No. 1041 - 015 -91, Resolution No. 92 -53; and WHEREAS, by letter dated April 13, 1993, The Edwards Metro - ° politan District agreed to act as co- applicant for those portions o O of the permit application which apply to the connection to the Edwards Metropolitan District distribution system; and WHEREAS, The Boar in its capacity as the Authority "), conducted publication and notice application; and 0 3 of County Commissioners of Eagle County, p b Eagle County Permit Authority ( "Permit ° a public hearing on April 13, 1993, after as required by law, to consider said WHEREAS, the Permit Authority has considered all the evi- dence, exhibits and arguments presented, as well as comments of the referral agencies and the recommendation of the Planning Commission. 5. The existing Cordillera water system which services the q area is not capable of being expanded to serve the proposed Cordillera II development. The UERWA water system has sufficient ro capacity to serve the Cordillera development. p 6. The requirement concerning the capacity of existing 00 domestic sewage treatment facilities servicing the area does not apply to this application. 7. The Applicant's preferred alternative could create duplicate water supply services. The extension of the UERWA water line (Alternative 2) will not compete with existing water services or create duplicate services. 8. This is not a proposal to "replace" an existing water system; therefore, the age or state of repair of existing systems are not applicable. 9. The Cordillera PUD has been approved; therefore, area and community development and population trends demonstrate a need for such development. 10. A finding that existing facilities cannot be upgraded or expanded does not apply to this application. -2- TIr Z WHEREFORE, the Permit Authority makes the following findings T-1 with regard to the Application as it pertains to Section 6.03.15 of the County Administrative Regulations: 1. The Applicant's preferred alternative could result in the "duplication" of water supply service. The Upper Eagle Regional Water Authority ( "UERWA ") already serves the area from Eagle -Vail to Squaw Creek, and has the capacity and ability to Q c serve Cordillera. The UERWA inter - connection (Alternative 2) will utilize the existing Cordillera water systems. � i rn 2. The Applicant's preferred alternative could result in Q0 the "Duplication" of water supply service and potential conflicts t with the Eagle County Master Plan, the Edwards Sub -Area Plan, to rn the extent applicable; preferred alternative potentially con- flicts with other applicable Regional, State and Federal land use or water lans. Alternative 2 p (inter- connection with the exist- ing UERWA 12 -inch water line) would not result in said conflicts. ti 3. Neither alternative will adversely affect either surface or subsurface water rights of upstream or downstream w users. 0 4. Adequate water supplies, as determined by the Colorado Department of Health, are available for efficient operational ° needs. 5. The existing Cordillera water system which services the q area is not capable of being expanded to serve the proposed Cordillera II development. The UERWA water system has sufficient ro capacity to serve the Cordillera development. p 6. The requirement concerning the capacity of existing 00 domestic sewage treatment facilities servicing the area does not apply to this application. 7. The Applicant's preferred alternative could create duplicate water supply services. The extension of the UERWA water line (Alternative 2) will not compete with existing water services or create duplicate services. 8. This is not a proposal to "replace" an existing water system; therefore, the age or state of repair of existing systems are not applicable. 9. The Cordillera PUD has been approved; therefore, area and community development and population trends demonstrate a need for such development. 10. A finding that existing facilities cannot be upgraded or expanded does not apply to this application. -2- L2 X 11. Easements can be obtained for the associated distribu- tion system that will serve existing and proposed needs. 12. The benefits of the proposed development outweigh the losses of any natural resources or agricultural lands rendered unavailable by the proposed development. 13. Based on the Court Decrees approved and submitted, the proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado water Quality Control Commission as established on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted. 14. The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards. 15. No evidence was presented that would indicate that the proposed development or its associated distribution system will significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public outdoor recreation areas, and unique areas of geologic, historic or archaeological importance, if the construction is in accor- dance with the application submitted, and with the conditions imposed below. 16. The proposed development and its associated distribu- tion system will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors, if the staff conditions are implemented. 17. The proposed development and its associated distribu- tion systems are being privately funded by the developer, and therefore will not create an undue financial burden on existing or future residents within the development area and the source development area. Applicant may form a metropolitan district to assess system users with service charges. 18. Salinity and advanced wastewater treatment offset plans are not applicable to this permit. 19. There are no structures for a pump station which will not or proposed communities within the development area. -3- or buildings proposed, except significantly impact existing development area and source y Cm~ 20. The development site for either of Applicant's alterna- tives is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disasters which could cause a system operation breakdown, if properly engineered. AS THE APPLICATION pertains to Section 6.04.15 of the County Administrative Regulations, the Permit Authority finds as follows: 1. Approval of Alternative 2 will result in the proper utilization of the existing UERWA water treatment plan in Avon 2. The proposed development does not conflict with the Eagle County Master Plan, the Edwards Sub -Area Plan, or other applicable regional, State or Federal land use or water plans. 3. The proposed development will not adversely affect either surface or subsurface water rights of upstream or down- stream users. 4. Adequate water supplies, as determined by the Colorado Department of Health, will be available for efficient operational needs. 5. The existing domestic water treatment plant at Avon is capable of servicing Cordillera; therefore, there is not a need to permit a new domestic water treatment plant to service Cordil- lera. 6. The capacity of existing domestic sewage treatment facilities does not apply to this permit application. 7. The approval for connection to the existing water line (Alternative 2) will not compete with or create duplicate services. 8. This is not a proposal to "replace" an existing water system; therefore, neither the age or state of repair of existing systems are applicable. 9. Area and community development and population trends (previous Cordillera approvals) demonstrate clearly a need for additional water supply. 10. Waste discharge permit conditions of the Colorado Water Quality Control Division do not apply to this permit application. 11. Appropriate easements can be obtained through negotia- tions or condemnation for the water lines proposed in this application. 0 v 0 0 Rr i rn 0 ro b w ti 0 0 ti 0 w ti 0 �a 0 'b ca a O IZI w j 12. The benefits of the water line extension outweigh the potential losses of any natural resources or agricultural lands which may be rendered unavailable. 13. The proposed development will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by Colorado Water Quality Control Commis- sion as established on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted, if non -point source water pollution control techniques are properly implemented. 14. The proposed development or its associated collector or distribution system or new service areas will not violate Federal or State air quality standards. 15. The proposed development or its associated collector or distribution system will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public outdoor recreation areas, and unique areas of geologic, historic or archaeological importance, if the construction is in accordance with the application submitted, and with the conditions imposed below. 16. The proposed development will not significantly degrade existing natural scenic characteristics, create blight, nor cause other nuisance factors such as excessive noise or obnoxious odors, if the construction is in accordance with the application submitted and with the staff conditions set forth below. 17. The proposed water line extension will not create an undue financial burden on existing or future residents within the development area and the source development area. 18. The development site of the proposed major extension of an existing water supply is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disasters which could cause a system opera- tion breakdown. 19. The proposed domestic water line extension and distri- bution system is capable of providing water meeting the requirements of the Colorado Department of Health. 20. The construction of improvements associated with the proposed development will not significantly impact existing or proposed communities within the development area and source development area. -5- 00 Q Q 0 a v 0 0 w 0 w rn N 0 0 N N w N 0 0 'v O O w 7. The proposed extension and associated water use will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable n terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting rn areas and the habitats of rare and endangered species, public p outdoor recreation areas, and unique areas of geologic, historic or archaeological importance, if the construction is in accor- dance with the application submitted, and the staff recommendations are implemented. 8. Salinity and advanced wastewater treatment offset plans are not applicable to this permit. 9. There are no structures or buildings, except for pump stations, associated with the proposed development that would significantly impact existing or proposed communities within the development area and source development area. NOW, THEREFORE, BE IT RESOLVED BY COMMISSIONERS OF THE COUNTY OF EAGLE, as the Permit Authority: THE BOARD OF COUNTY STATE OF COLORADO, acting AS THE APPLICATION pertains to Section 6.05.15 of the County Administrative Regulations, the Permit Authority finds as follows: 1. The need for the proposed water supply extension can be substantiated based on historic growth rates. 2. The proposed development does not conflict with the ° Eagle County Master Plan, the Edwards Sub -Area Plan, or other applicable regional, State or Federal land use or water plans. ° 0 3. The proposed project, as modified by the conditions listed below, demonstrates an efficient utilization of a munici- pal water project. The potential to pollute aquifer recharge areas was not identified as a potential problem. b i 4. Provisions have been proposed to ensure that the rn proposed water project will not contaminate surface water resources. ° 5. The proposed water project is capable of providing ti water pursuant to standards of the Colorado Department of Health. \ 0 w 6. A finding concerning the quality of peripheral or r downstream surface water resources is not applicable to this ° permit. a 0 7. The proposed extension and associated water use will not significantly deteriorate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable n terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting rn areas and the habitats of rare and endangered species, public p outdoor recreation areas, and unique areas of geologic, historic or archaeological importance, if the construction is in accor- dance with the application submitted, and the staff recommendations are implemented. 8. Salinity and advanced wastewater treatment offset plans are not applicable to this permit. 9. There are no structures or buildings, except for pump stations, associated with the proposed development that would significantly impact existing or proposed communities within the development area and source development area. NOW, THEREFORE, BE IT RESOLVED BY COMMISSIONERS OF THE COUNTY OF EAGLE, as the Permit Authority: THE BOARD OF COUNTY STATE OF COLORADO, acting j THAT, the permit to construct a major extension of an existing water supply system from the Upper Eagle Regional Water Authority Treatment Plant in Avon (incorporating the efficient utilization of a municipal water project) to serve the Cordillera development is granted to Kensington Partners (Applicant) and to The Edwards Metropolitan District (Co- Applicant), subject to the following conditions: 1. Construction shall be in accordance with the applica- V) tion submitted, which is incorporated as if fully set forth X herein. C) 2. The facilities constructed under this Permit shall be in the place of, and not in addition to, the facilities author- ized by Resolution No. 92 -53, File No. 1041 - 015 -91. 3. Approval is for Alternative 2, which involves the connection to the 12 -inch water line managed by the Upper Eagle Regional Water Authority. 4. Prior to land disturbance, a "Construction Improvements Agreement" shall be approved by the Board of County Commis- sioners. Such agreement shall include a detailed reclamation/ revegetation plan, with cost estimates, and shall include best management practices for mitigation of visual scarring. 5. The pump stations shall be constructed of neutral colors, and landscaped or buried. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the /01(l,_ day of May, 1993; nunc pro tunc April 13, 1993. By Clerk to thW Board of County Commissioners 2 eo ge A. ates, hairman dC 0 v 0 0 i m 0 w b i rn 0 0 0 w N 0 0 b c� v O 'zJ W COUNTY OF EAGLE, STATE OF c " €,.. �s. ATTEST: COLORADO, BOARD OF By and COUNTY Through Its COMMISSIONERS By Clerk to thW Board of County Commissioners 2 eo ge A. ates, hairman dC 0 v 0 0 i m 0 w b i rn 0 0 0 w N 0 0 b c� v O 'zJ W f� Commissioner p �_ ccv— seconded adoption of the fore- going resolution. The r;611 having been called, the vote was as follows: Commissioner Gates Commissioner Phillips Commissioner Johnson This Resolution passed by 3-0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 504700 B -608 P -619 05111193 10:49 #87 -84 -1041 c -dev \1041 \cord- 93.021