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HomeMy WebLinkAboutR93-093 permit for water pipeline for Vail Mountain513598 B -617 P -L' 08/24/93 06:05P PG 1 L REC DOC Sara J. Fisher Eagle County Clerk & Recorder 0.00 Commissione moved adoption of the fo1lowi g so Relution: 1V 4 r'\ 'J BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 93.- V) APPROVAL OF PERMIT FOR CONSTRUCTION OF WATER PIPELINE (Vail Mountain Snowmaking Pipeline) File No. 1041- 023 -93 WHEREAS, on June 2, 1993, The Eagle and Colorado Valley Planning Commission considered the application of Vail Associates, Inc. (hereinafter "Applicant ") - and recommended approval - to conduct the following activity of state interest: 6.05: Efficient utilization of municipal and industrial water pro - iect . Said application seeks approval to construct Stage 1 of a pipe- line to be used for the purpose of conveying water to the Vail Ski Area for snowmaking during the winter ski season. The pipeline would be designed to move water from a diversion point near the confluence of Gore Creek and the Eagle River to the existing Vail Mountain snowmaking raw water intake located on Gore Creek. (Stage 1 will not be functional without the con- struction of Phase 2, which will be the subject of a future application.) WHEREAS the Application also requests a waiver of a Special Use Permit for the above - described project. 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 and the Colorado Geologic Survey and other referral agencies, and the recommenda tion of the Planning Commission. WHEREFORE, the Permit Authority makes the following findings with regard to the Application as it pertains to Section 6.05.15 of the County Administrative Regulations: 1. The substantiated growth rate of need for the proposed water supply extension can be based on historic growth rates and an expected two- to three - percent per year. C 2. The proposed development does not conflict with the Eagle County Master Plan, the Vail Land Use Plan, the Regional 208 Plan, the Vail Master Development Plan, and the Land and Resource Management Plan for the White River National Forest. 3. The proposed project will emphasize efficient use of water through metering and financial incentives due to pumping costs. The potential to pollute aquifer recharge areas will be minimized by a specific reclamation plan. 4. Provisions have been proposed to control sedimentation and erosion to insure that the proposed water project will not contaminate surface water resources. 5. The requirement that the proposed water project be capable of providing water pursuant to standards of the Colorado Department of Health is not applicable to this permit.' 6. A finding concerning the quality of peripheral or downstream surface water resources is not applicable to this permit: there is no water diversion proposed as part of Stage 1, and Stage 2 does not propose to divert water from the source development area. 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 mitigation is implemented in accordance with the application submitted, and the staff recommendations are imple- mented. 8. Salinity and advanced wastewater treatment offset plans are not applicable to this permit. 9. 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 if the staff recommendations implemented. In addition, the Permit Authority finds that waiver of the Special Use Permit requirements as provided for in Section 2.09.04 (3) (c) (1) (2) is appropriate, based on a determination that requiring a Special Use Permit in addition to the permit required under 6.04 of the Eagle County Administrative Regulations would serve no further legitimate planning, zoning or other land use objective. -2- 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 a pipeline to convey water to the Vail Mountain Snowmaking raw water intake on Gore Creek, be and is hereby approved, subject to the following conditions: 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. All construction staging areas shall be designed to contain incidental and accidental fuel and lubricant spills. 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. THAT, Applicant is not required to obtain a Special Use Permit for this project. -3- a MOVED, READ AND ADOPTED by the Board of County Commissioners (as the Permit Authority) of the County of Eagle, State of Colorado, at its regular meeting held the day of 1993; nuns pro tuns June 15, 1993. ATTEST: - By: Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS George A. Gates, Chairman Commissioner seconded adoption of the fore- going resolution. The roll having been called, the vote was as follows: Commissioner Gates Commissioner Phillips Commissioner Johnson This °passed by vote of the Board of County Commiss oners of the County of Eagle, State of Colorado. c - dev \1041 \snowmake.023 -4- I NO Z/1 0' /�. - - -