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HomeMy WebLinkAboutR93-092 1041 for Dowds Junction Waterline Interconnection�r f ^, ✓ 513597 . B -617 Sara J. Fisher P- 52508/24/93 06:04P PG 1 OF Eagle County Clerk & Recorder REC DOC 0.00 Commissioner a & - moved adoption of the followi g Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93 • - 92 tl APPROVAL of AMENDMENT of PERMIT 1041- 009 -90 TO ALLOW CONSTRUCTION of EXTENSION to WATER PIPELINE (Dowds Junction Waterline Interconnection) File No. 1041- 022 -93 WHEREAS, on June 2, 1993, The Eagle and Colorado Valley Planning Commission considered the application of Vail Valley Consolidated Water District (hereinafter "Applicant ") - and recommended approval - to conduct the following activity of state interest: 6.04: Major extension of an existing domestic water system 6.05: Efficient utilization of municipal water protect Applicant is requesting an "amendment" to an existing permit (1041- 009 -90). Said application seeks approval to construct Stage 1 of an extension of a 16-inch domestic waterline between West Vail and Eagle Vail. (Stage 1 will not be functional without the construction of additional facilities in Phase 2, which will be the subject of a future application.) WHEREAS, The Board of County Commissioners of Eagle County, in its capacity as the Eagle County Permit Authority ( "Permit Authority "), conducted a public hearing on June 15, 1993, after publication and notice as required by law, to consider said application; and WHEREAS, the Permit Authority has considered all the evi- dence, exhibits and arguments presented, as well as comments of the Colorado Department of Transportation, the Colorado Geologic Survey and other referral agencies, and the recommendation of the Planning Commission. WHEREFORE, the Permit Authority makes the following findings with regard to the Application as it pertains to Section 6.04.15 of the County Administrative Regulations: 1. This is not a proposal for a "new domestic water and sewage treatment system "; however, if constructed as proposed, the development will result in the proper utilization of an existing water treatment system - the Upper Eagle Regional Water Authority treatment plant in Avon. 2. The proposed development does not conflict with the Eagle County Master Plan or other applicable Regional, State or Federal land use or water plan. 3. The proposed development (Stage 1) does not adversely affect either surface or subsurface water rights of upstream or downstream users. 4. Adequate water supplies, as determined by the Colorado Department of Health, will be available for efficient operational needs. 5. A finding that the existing domestic water treatment system servicing the area must be at or near operational capacity is not applicable to this project: this is not a proposal for a new system. 6. A finding that the existing domestic sewage treatment facilities servicing the area must be at or greater than eighty percent capacity is not applicable to this project: this is not a proposal for a new sewage treatment facility. 7. The scope and nature of the proposed development will utilize existing water treatment and distribution lines. 8. Not applicable to this project is a finding that the age of existing water and sewage systems, operational efficiency, state of repair or level of treatment is such that replacement is warranted: this is not a proposal to replace an existing water or sewage system. 9. Area and community development and population trends demonstrate clearly a need for domestic water supply interconnec- tion. 10. Not applicable to approval is a finding that existing facilities cannot be upgraded or expanded to meet waste discharge permit conditions of the Colorado Water Quality Control Division. 11. Appropriate easements can be obtained through negotia- tions or condemnation for the associated water lines proposed in this application. 12. The benefits of the proposed domestic water line interconnection outweigh the losses of any natural resources or agricultural lands rendered unavailable as a result of the project. -2- 13. The proposed development (Stage 1) will not decrease the quality of peripheral downstream surface or subsurface water resources below that designated by the Colorado Water Quality Control Commission as established on May 22, 1979, and effective July 10, 1979, or more stringent standards subsequently adopted, if non -point source water pollution control techniques are properly implemented. Additional water quality data and analysis may be required with the Stage 2 application. 14. The proposed development will not violate Federal or State air quality standards. 15. The proposed development will not significantly deteri- orate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife habitat, big game migratory routes, calving grounds, migratory ponds, nesting areas and the habitats of rare and endangered species, public out -door recreation areas, and unique areas of geologic, historic or archaeological impor- tance if the construction is in accordance with the application submitted and the staff recommendations are implemented. 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 submit- ted and the staff recommendations are implemented. 17. The proposed development 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 and sewage treatment system is not subject to significant risk from earthquakes, floods, fires, snowslides, landslides, avalanches, rock slides or other disas- ters which could cause a system operation breakdown. 19. The proposed domestic water distribution 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. With regard to the Application 6.05.15 of the County Administrative Authority finds as follows: as it pertains to Section Regulations, the Permit -3- 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 plan. 3. The proposed project will emphasize efficient use of water upon the implementation of the District's water conserva- tion plan, as revised by staff conditions. The potential to pollute aquifer recharge areas was not identified as a potential problem. 4. Provisions have been proposed to insure that the proposed water project will not contaminate surface water resources. 5. - The proposed water project is capable of providing water pursuant to standards of the Colorado Department of Health. 6. A finding concerning the quality of peripheral or downstream surface water resources is not applicable to this permit application. 7. The.proposed development will not significantly deteri- orate aquatic habitats, marshlands and wetlands, groundwater recharge areas, steeply sloping or unstable terrain, forest and woodlands, critical wildlife 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 impor- tance, if the construction is in accordance with the application submitted, and the staff recommendations are implemented. Additional water quality and environmental data may be required with the Stage 2 application. 8. Salinity and advanced wastewater treatment offset plans Are not applicable to this permit. 9. The construction of structures, buildings and improve- ments associated with the proposed development will not signifi- cantly impact existing or proposed communities within the development area and source development area if the staff recom- mendations are implemented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO, acting as the Permit Authority: THAT, the permit to construct Stage 1 of an extension of a 16 -inch domestic waterline between West Vail and Eagle -Vail be and is hereby approved, subject to the following conditions: -4- ( C 1. Applicant shall comply with Section 404 of the Clean Water Act. 2. Applicant shall comply with the recommendations of the Colorado Geologic Survey. 3. Applicant shall comply with the Colorado Department of Transportation utility permit, which includes erosion control. 4. Applicant shall not conduct construction activities prior to June 15 or after September 30, pursuant to the request of the Colorado Division of Wildlife. 5. Applicant shall comply with its U.S. Forest Service Special Use Permit. 6. Applicant shall submit to the County a site- specific reclamation plan for the water line corridor, and shall not begin construction prior to staff approval of the plan 7. All disturbed areas shall be reclaimed to prevent soil erosion and to mitigate visual scarring. Both temporary and long -term erosion control shall be implemented. 8. Applicant shall require a sufficient performance bond from its contractor to ensure completion of the reclamation and visual impact mitigation plan. 9. All construction staging areas shall be designed to contain incidental and accidental fuel and lubricant spills. 10. All work shall be performed in accordance with Stage 1, Vail Valley /Upper Eagle Interconnection Water Main, Design and Performance Standards. THAT, approval of this Stage 1 Permit Application in no way obligates the Eagle County Permit Authority to approve an appli- cation for Stage 2 of the project. MOVED, READ AND ADOPTED by the Board of County Commissioners (as the Permit Authority) of the County of Eagle, State of C orado, at its regular meeting held the L6 Y-A, day of 1993; nunc pro tunc June 15, 1993. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS BY:• George A. Gates, Chairman -5- ohnnette Commission Ja E . oh , . Jr issioner Commissione seconded adoption-of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Gates �xc_ Commissioner Phillips Commissioner Johnson This Resolution passed by (3 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. c -dev \1041 \vvcwdext.022 M"�