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
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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
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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
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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
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By: By:
Se k o the agle unty Da e Grant, C airman
ermit Authority
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Keith Troxe , Commissioner
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Dan i iams, Commissioner