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HomeMy WebLinkAboutR82-041 Daval Western Development 1041 for Floodplain Hazard AreasEAGLE COUNTY PERMIT AUTHORITY COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION No. 82 -qI PERMIT ISSUED TO CONDUCT A DESIGNATED ACTIVITY OF STATE INTEREST N• TO ENGAGE IN DEVELOPMENT IN A DESIGNATED AREA OF STATE INTEREST IN THE COUNTY OF EAGLE, STATE OF COLORADO Pursuant to the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado, 1980, as amended, heretofore adopted by the Board of County Commissioners of the County of Eagle, Colorado, the Eagle County Permit Authority has received an application from the Daval Western Development Corp., hereinafter referred to as the "Applicant ", for a permit to engage in development in the following area of State interest: Floodplain Hazard Areas, and the Eagle County Permit Authority hereby approves said application. This permit authorizes the Applicant: 1. To engage in development within a designated floodplain hazard area as set forth in the Applicant's application submitted to the Eagle County Permit Authority on May 25, 1982, for the purpose to relocate the existing West Lake Creek Road out of the designated floodplain hazard area .r and to upgrade said existing right -of -way. 2. On the following described tract of land: a sixty (60) foot right -of -way commonly referred to as the West Lake Creek Road in Sections 18 and 19, T. 5 S., R. 82 W. of the 6th P.M. of the County of Eagle, Colorado, commencing from the Lake Creek confluence with West Lake Creek and continuing therefrom up West Lake Creek to Casteel Creek. 3. For the following period: to commence upon the Applicant's satisfactory compliance with the conditions precedent to the issuance of the permit as set forth in Paragraph 5 hereinbelow, and to continue therefrom for a period of two (2) years conditional upon an annual review by the Permit Authority pursuant to Section 1 -310 of the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado, 1980, as amended. 4. In accordance with the plans and /or specifications approved by the Permit Authority on the 6th day of July, 1982, as well as the Guidelines and Regulations for Areas and Activities of State Interest of the County of Eagle, State of Colorado, 1980, as amended, adopted by Eagle County for: floodplain hazard areas. 5. On the condition that the Applicant proceeds in conformity with all applicable Federal and State Statutes and Regulations as well as all applicable local land use controls including, but not limited to, master plans, subdivision regulations, zoning resolution, and building code. In addition to the foregoing, the Applicant shall prior to the commencement of any construction or development work which could directly affect or detrimentally impact the quality or quantity of the water in the West Lake Creek, reasonably 2 notify all downstream users directly affected of the commencement and completion dates of such construction or development work and the potential effect resulting therefrom on the quality and quantity of the water in West Lake Creek. In conjunction therewith, the Applicant shall attempt with all reasonable efforts and in good faith to mitigate any increase in the turbidity of the water in the West Lake Creek resulting from the Applicant's proposed construction or development activity. This permit shall not be effective until the Applicant has submitted the following to the Eagle County Permit Authority: (a) Final engineering drawings for the West Lake Creek Road and the 100 year floodplain; and (b) Written evidence that all necessary permits and /or approvals have been obtained from those governmental agencies from which the same is required pursuant to Federal or State law, including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334; and (c) Written evidence that all persons or entities having an ownership, financial or other security interest in the property upon which the Applicant's proposed construction or development activity is to be conducted, has consented and agreed to the same; and (d) Written evidence that all construction or development activity of the Applicant 3 Aft involving the realignment or channeli- zation of the West Lake Creek have been reviewed and approved by the applicable local, state and federal governmental agencies. This permit is valid for use only by the Applicant and may not be transferred. In the event that the Applicant fails to take substantial steps to initiate the above development of activity within twelve (12) months from the date of this permit, or, if such steps are taken, in the event the Applicant fails to complete the development or activity with reasonable diligence, this permit may be revoked by the Permit Authority. DATED this day of —(&t 1982. EAGLE COUNTY PERMIT AUTHORITY ATTEST: COUNTY OF EAGLE, STATE OF COLORADO 1 r By: By: Se k o the agle unty Da e Grant, C airman ermit Authority rA Keith Troxe , Commissioner A6 / ). �L- Dan i iams, Commissioner