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RESOLUTION
OF THE
^ BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 84- _'Y_`��)
G V 1 ,07
JOHHHETTEPHILLIPS
EAGLE CTY. RECORDER
MAY 9 2 59 PM '3q
A RESOLUTION READOPTING AND AMENDING THE
"GUIDELINES AND REGULATIONS FOR AREAS AND
ACTIVITIES OF -STATE INTEREST OF THE COUNTY OF
EAGLE, STATE OF COLORADO", RESOLUTION NO. 80 -25,
AS AMENDED BY'RESOLUTION NOS. 80 -34, 80 -50,
80 -62, AND- 81 -11, RESPECTIVELY - _
WHEREAS, the -Board of County - Commissioners of the
County of Eagle, State of Colorado ( "Board "), is authorized
pursuant to Article 65.1, Title -24 of the Colorado Revised
Statutes, to establish and designate certain areas and
activities of State interest; to adopt regulations and
guidelines to be used in connection with such designated matters
Of State interest; to establish and designate a Local Permit
Authority to receive applications for development in or conduct
matters of State interest-; and to exercise other powers in
connection therewith; and
WHEREAS, the Board on April 14, 1980, pursuant to
Resolution No. 80 -25, established and designated the following
activities of State interest:
a. Site selection and construction of major new
domestic water and sewage treatment systems;
b. Major extensions of existing domestic water and
sewage treatment systems; and
C. Efficient utilization of municipal and industrial
water projects;
adopted regulations and guidelines to be used in connection with
matters of State interest; established the Board of County
Commissioners of Eagle County as the Eagle County Permit
Authority to receive applications for development in an area of
State interest or for conduct'of an activity of State interest,
x '
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r
and to exercise other powers granted it in connection therewith;
adopted certain forms to be used in designating matters of State
interest, and a permit application and permit form for
development in or conduct of a matter of State interest; and
provided for a reasonable fee for the cost of processing a
permit application and hearings in connection therewith; and
WHEREAS, the Board on June 6, 1980, pursuant to-
Resolution No. 80- 34,- amended Resolution No. 80 -25 -to reflect
technical changes recommended by the Colorado Land Use
Commission; and
WHEREAS, the.Board.on September 24, 1980, pursuant to
Resolution No. 80 -50, adopted Floodplain Regulations for the -
County of Eagle, State of Colorado, including the adoption of
Official Maps delineating Floodplain Hazard areas within the
unincorporated territory of the County of Eagle; designation of
Floodplain hazard areas as an area of State interest; and the
adoption of Regulations and Guidelines to be used in connection
therewith; and
WHEREAS, the Board on December 1, 1980, and March 2,
1981, pursuant to Resolution Nos. 80 -62 and 81 -11, respectively,
amended the aforementioned Floodplain Regulations to reflect
technical changes recommended by the Colorado Land Use
Commission and the Eagle County Environmental Health Office; and
to adopt additional Official Maps delineating additional
- Floodplain Hazard areas within the unincorporated territory of
the County of Eagle, and in conjunction therewith, to designate
such additional Floodplain Hazard areas as an area of State
interest; and
WHEREAS, the Board desires to amend the "Guidelines and
Regulations for Areas and Activities of State Interest of the
County of Eagle, State of Colorado ", Resolution No. 80 -25, as
amended by Resolution Nos. 80 -34, 80 -50, 80 -62, and 81 -11,
respectively, by adding thereto and inserting therein those
amendments and revisions as set forth in Exhibit A attached
hereto and incorporated herein by this reference; and
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�e 3
WHEREAS, public notice of the hearing before the Board
to consider the aforementioned amendments was duly published in
the Eagle Valley Enterprise at least thirty (30) days prior to
but within sixty (60) days of such hearing; and
WHEREAS, copies of the proposed amendments have been
made available to the public at -the offices of the Board . and the
Eagle County Department of Community - Development continuously
from and including the date -of first publ - ication of not -ice of
public hearing described in the paragraph next above; and -
WHEREAS, the Board. has been granted general- aut- hority
by the State Legislature to adopt such proposed amendments as
set forth in Exhibit A; and
WHEREAS, the Board, having conside- red-all of the
testimony, regulations, guidelines, exhibits and other evidence
presented at the aforesaid public hearing, .finds that it is
necessary and in the public interest to amend and readopt the
"Guidelines and Regulations for Areas and Activities of -State
Interest of the County of Eagle, State of Colorado ", Resolution
No. 80 -25, as amended by- Resolution Nos. 80 -34; 80 -50, 80 -62,
and 81 -11, respectively, to reflect the amendments and revisions
as set forth in Exhibit A attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of the County of Eagle, State of Colorado:
THAT, the "Guidelines and Regulations for Areas and
Activities of State Interest of the County of Eagle, State of
Colorado ", Resolution No. 80 -25, as amended by Resolution Nos.
80 -34, 80 -50, 80 -62, and 81 -11, respectively, is hereby amended
as set forth in Exhibit A attached hereto and incorporated
herein by this reference.
THAT, the entirety of the "Guideline's and Regulations
for Areas and Activities of State Interest of the County of
Eagle, State of Colorado ", Resolution No. 80 -25, as amended by
Resolution Nos. 80 -34, 80 -50, 80 -62, and 81 -11, respectively,
and as herein amended, is hereby readopted.
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n �
THAT, this amendment and readoption of the "Guidelines
and Regulations for Areas and Activities of State Interest of
the County of Eagle, State of Colorado ", Resolution No. 80 -25,
as amended by Resolution Nos. 80 -34, 80 -50, 80 -62, and 81 -11,
respectively, shall not constitute or be construed as a waiver
of any violations existing at the time of adoption of this
Resolution.
THAT, should any section, clause, provision, sentence
or word of this Resolution, including the attached Exhibit, be
declared by a court of competent jurisdiction, to be invalid,.
such decision shall not affect the validity of this Resolution
as a whole, or any parts thereof, other than the part so
declared to be invalid. For this purpose, this Resolution is
declared to be severable-.
THAT, this Resolution is necessary for the health,
welfare and safety of the citizens of Eagle County, State-of
Colorado.
MOVED, READ AND ADOPTED by the Board of County
Commissioners of the County -of Eagle, State of Colorado, at its
regular meeting c
g g held the � � day of May, 1984.
COUNTY OF EAGLE, STATE OF COLORADO
By and Through its
ATTEST: BOARD OF COUNTY COMMISSIONERS
By? C "'6�F? he Bla�d o By.
e
W. Keith Troxe Gha n man
C0un•t)Z, Commissioners
.`o
ly,��/��.
Davie E� NO t, Commissioner
Da williams,' Commissioner
IE41
EXHIBIT A
AMENDMENTS TO
GUIDELINES AND REGULATIONS FOR. _
AREAS AND ACTIVITIES OF STATE INTEREST
OF THE -
COUN'IY OF- EAGLE, STATE OF COLORADO
Section No. *-, Change
6.01.16 Record -of Designation Proceeding-
1-206
Change second line, subsection.(1) to read,
"following record of the - public hea ing, -at a
minimum:^
6.01.21 Permits required after designation;-Receipt
of application form.
Add the following after existing
subsection (1):
In the event a development or.activity and
associated off -site improvements propose as
an integral part of a subdivision or PUD
under the jurisdiction o Eagle County's land
use regulations is proposed to be served with
water and/or sewer by a district,
quasi - municipal corporation or v a
munici alit it shall be the re
o the service provider and or
comply with the requirements of
Guidelines and Regulations for —A
v
tate Interes
nsibili
these
yeas and
the County of
At subsection (2), add after the sentence "An
application shall not be accepted unless it
is complete."
The first reference to the Section No.. is to the
Guidelines and Regulations for Areas and Activities of
State Interest of the - County of Eagle, State of Colorado,
as numbered in the Eagle County Land Use Regulations,
1932, as amended. The second reference is to the subject
Guidelines and Regulations as numbered in the official
adoption thereof.
4 .
t 4
v.. ril �^vrzav��i
_A request for waiver of submission
r �uirements pursuant to these regulations
steal not render the application incomplete.
6.01.23 Notice of Permit Heari
1 -303
Delete existing paragraph, replace as
follows:
Not later than thirt (30) da s after recei
of a complete app ication or a permit the
Permit Authority shall set and publish
notice s of the ate, time and place for
hearing s on said application anid an
re nested waiver of submission requirements
under Section O.V-1.14. In no case snail the
ate for the hearing be set later than six
months a ter the receipt of a complete
Notice of t e public hearing on a waiver
request snail be published in a newspaper of
eneral circulation in the Count of Ea 1e,
Cobra o within ten 10 days ot the Permit
Authoric,y s action settin suc hearin
ate. Sai notice sha a so e sent to all
persons on the mai in list re wire
Section .0 .14(/-). Notice of the public
hearing on t e application itself shall be
published once in a newspaper of general
circulation in the County of Eagle, not less
than thirty (30) nor more than sixty (60)
days before the date set for hearing and
shall also be given to other persons and
entities in the same manner as set forth
above for the notice of a designation hearing
in Section 6.01.14.
6.01.25 Approval or Denial of Permit Application.
1 -305
Amend subsection (2) to read as follows:
(2) The Permit Authority shall approve an
application for a permit to engage in
development in an area of state interest or
-2-
for the conduct of an activity of state
interest if the proposed development or
activity complies with the provisions of the
regulations governing such area or activity,
and may further attach reasonable conditions
to said a royal. If the propose
develop ment oes not comply with such
regulations, the permit shall be denied.
Add new subsection (3) as follows:
(3) The burden of proof shall be upon the
applicant to show compliance with the
provisions of these regulations governing the
area or activit or state interest involved.
Renumber existing subsections (3) and (4) as
(4) and (5), respectively.
6.01.30 Annual Review.
1 -310
Delete existing sections (1) and (2), replace
as follows:
(1) Within thirty (30) da s rior to each
annual anniversary ate of the granting o a
permit by the Permit Authority, the permittee
sha11 submit to the Ea 1e Count De artment
Of COMM unit Develo went on behalf o the
Permit Authorit a report detai ing any and
a1 as activities conducted the
ermittee ursuant to the permit t including,
ut not limite to, a satisfacto
ry s owin
that the ermittee has com lie with all
conditions o the permit and applicable
regulations.
(2) The Eagle County Department of Communit
Develo merit sha review the re ort set forth
in parapLd-Inj 1 hereinabove withi thirt
days tn
t ereo . It the De artment etermines, based
upon its review, t at the permittee as
—�
vluiaEea L rovisions of the ermit and /or
a licab e re ulations, the De artment s a l
re er the matter to
the Permit Authority tor
its consi eration at a sc e u e pu lic
-3-
6.03.03(1)
3- 103(1)
6.03.03(2)
3- 103(2)
6.03.05(3)
3- 105(3)
3 � _
hearin If the Permit Authority determines
at sai ublic -hearing t at the permittee has
violated the PrOVISIULIS of the permit and/or
applicable regulations, the Permit Authority
may suspend and or revoke the permit in
accordance with section 1 -309 hereinabove. -
(3) Upon fulfillment of all permit
conditions, this annual review requirement
may De waived by the Permit `Authority.
Definitions.
Change definition of "major new domestic
water system " -in subsection (1) to read as
follows:
"Major new domestic water s stem" means a
system for provision to the _public of piped
water for human consum t- n or a s stem for
the provision to t e pu is of pipe water
which wi11 De used in exchan e for water for
human consum tion, i such s stem is ro ose
to serve a total . develo ment densit o ten
10 or more resi entia wet in units or
the equivalent thereof in other uses.
Definitions.
Change definition of "major new domestic
sewage treatment system" at subsection (2) to
read as follows:
"Major new domestic sewage treatment system"
means a new sewage treatment system and
collector system ca a le of treatin the
wastewater generated OZ a total development
density of ten 0 or more residential
dwelling units or the equivalent thereof in
other uses.
Applicability.
Add new subsection (3) as follows:
A permit under these regulations shall be
required prior to or in conjunction with
suoaivi sion, PUD or preliminary plan
approval, but in every case must be obtained
prior to commencement of construction of the
project.
-4-
6.03.12 Application for Permit.
3 -303
Change subsection (1) as follows: in first
sentence, change phrase "on the appropriate
form prescribed by the Colorado Land Use
Commission" to "on -the appropriate form
prescribed by _these regulations at
Exhibit 6 ".
Delete last sentence in subparagraph (1),
which reads - "If the site location is approved
by the Permit Authority, the same form may be
submitted for action by the-Colorado Water
Quality Control Commission."
6.03.13(5) Submission Reg - uirements.
3- 304(5)
At subsection (5)(g) after the phrase "detail
the source and rights ", delete the remainder
of the paragraph, which reads "and quality of
existing water supply which shall include a
detailed statement of the proposed project's
impact upon the total dissolved solids and
hardness -of the Eagle River measured at Dowd
Junction and Dotsero and of the Colorado
River and the Roaring Fork River measured at
the Garfield -Eagle County line,
respectively," and replace with the
following: "for the water supplies for the
system, incluZI—ng anZ permits decrees or
contracts for such rights or the application
submitted for chap e of water ri hts,
appropriation o water or auQmentat;nn
6.03.13(7) Environmental Impact Analysis.
3- 304(7)(a)
(7) (a) Land use.
Delete subsection (7)(a)(10), which reads
"specify if excess service capabilities
created by the proposed development will
generate sprawl or strip development."
Replace with the following:
(7)(a)(10) Describe the robabilit that the
system may be signi icant y a fected v
-5-
(4) Describe the potential effects of the
Propose ro ect on the above- detailed water
Features, including the e fects on present
water quaiity and current uses. Inc1u e a
detailed statement o t e propose project s
im act u on the total dissolved solids and
ar ness of the Ea le River measure t D d
earth wakes, floods, fires, snowslides,
avalanches, rocksli es, or an s i es and an
measures to en to re uce the impact of suc
6.03.13(7)
events upon the system.
6.03.13(7)
(7)(b) Water Resources.
3- 304(7)(b)
At subparagraph (7)(b)(iv)(3)(D), change
"calculated
Delete last sentence of subsection (7)(b)(1)
which reads "describe the potential effects
of the proposed project on the above - detailed
water feature including the effects on
6.03.13(7)
present water quality and current uses."
6.03.13(7)
Add a new subsection (7)(b)(3) as follows:
3- 304(7)(b)
of new subsections (3) and (4).
Describe potential effects of the proposed
development on eutrophication wasteload
allocations and water quality of the Ea 1e
River an d any exist ing or proposed reservoirs
in th e Count .
6.03.13(7)
Water Resources.
3- 304(7)(b)
Add new subsection (7)(b)(4) as follows:
(4) Describe the potential effects of the
Propose ro ect on the above- detailed water
Features, including the e fects on present
water quaiity and current uses. Inc1u e a
detailed statement o t e propose project s
im act u on the total dissolved solids and
ar ness of the Ea le River measure t D d
.M
a osa
Junction and Dotsero and of the Colorado
River and the Roarin Fork River measure at
the Garfiel -Eagle Count ine respective) .
6.03.13(7)
Water Resources.
3- 304(7)(b)
At subparagraph (7)(b)(iv)(3)(D), change
"calculated
effort on the average salinity in
Lake Powell after the project" to "calculated
effect on average salinity in Lake Powell
a—the project."
6.03.13(7)
Renumber Sections 6.03.13(7)(b)(3) through
3- 304(7)(b)
6.03.13(7)(b)(5) to account for the addition
of new subsections (3) and (4).
.M
6.03.14 Waiver of Submission Requirements.
3 -305
Rewrite entire section to read as follows:
(1) The Permit Authority may waive any part
but not all of the submission requirements
imposed by this regulation upon petition of
the applicant that full compliance with the
submission requirements would be unreasonably
burdensome for the applicant and that the
proposed development will have an
insubstantial impact on the surrounding
area. In cases in which the develol2ment or
activity must also comp y with PUL) and/or
..0 ivision re ulations, the permit hear in
re uire these re ulations should e e1
at the same time as the re Eminar at
hearing. Such a waiver Lot submission
requirements] may be granted, after due
consi eration by the Permit Authority, upon a
written determination that the information to
be submitted is sufficient for the Permit
Authority to arrive at a permit decision in
full compliance with the law and these
regulations and that the proposed development
will have an insubstantial impact on the
surrounding area;
(2) The petition shall be considered and the
decision rendered by the Permit Authority at
a public hearing held in substantial
compliance with the provisions o Section
6.01.24 of the Administrative Regulations
adopted by this jurisdiction;
(3) In the event the waiver request is
denied, the a licant shall provide the
re.EulreO additional in ormation on or before
Eve a s rior to t e ate set or
hear Enz 01 the a Ecation Etse If the
a pp licant ai s to r ovE e suc in ormation,
the Permit Authority way En Its discretion
vacate the public hearing on the application
itself and require complete reapplication or
may continue the hearing in accordance with
Section 6-01-
dM
6.03.15 Approval of Permit Applications.
3- 306(1)
Change subsection (1) to read as follows:
(1) A permit application for site selection
and construction of a major new domestic
water or sewage treatment system shall be
approved, with reasonable conditions, if an
in the discretion or the Permit Aut orit i
the proposed development complies with the
following criteria:
Delete subsection (1)(1) (leapfrog
development), and subsection (1)(o) (natural
hazards).
Amend subsection (1)(t) to read as follows:
The development site of a major new domestic
water or sewage treatment system is not
subject to significant risk from earthquakes,
floods, fires, snowslides, landslides,
avalanches, roc sli es or other isasters
which could cause a system operational
breakdown.
Reletter subsections (1)(1) through (t) to
account for the deletion of the two
subsections above.
6.04.03(2) Definitions.
4- 103(2)
Change definition of "major extension of an
existing domestic water system" in subsection
(1) to read as follows:
"Major extension of an existing domestic
water treatement s stem means the
ex ansion of existin domestic water
treatment capac ty for storage; or (2) an
extension of existing water supply systems to
service an a&Htional development density of
i tP 0 or more resi entia wel ing units
or cne equivalent thereof in other uses.
M
6.04.03(3) Definitions.
4- 103(3)
Add subsection (3) as follows:
(3) "Major extension of an existing sewage
treatment s stem means an modification of
existin sewa e treatment ant to increase
by rau is capacity or upgra e treatment
capability or any extension of existing main
collector sewer lines or an Increase in
ca ac it o existin main sewer Ines or an
extensions to serve a tot eve o ment
ensity o i ty 5 or more we ing units
or the equivalent thereof in other uses.
6.04.05(2) Applicability.
4- 105(2)
Add new subsection (2) as follows:
A permit under these regulations shall be
required prior to or in conjunction with
subdivision, PUD or reliminar Ian
approva , but in ever case must be obtained
prior Cu commencement of construction of the
project.
6.04.12 Application for Permit.
4 -303
Change subsection (1) as follows: in first
sentence, change phrase "on the appropriate
form prescribed by the Colorado Land Use
Commission" to "on the appropriate form
prescribed by these regulations at
Exhibit 611
.
Delete last sentence in subparagraph (1)
which reads "If the site location is approved
by the Permit Authority, the same form may be
submitted for action by the Colorado Water
Quality Control Commission."
6.04.13(5) Submission Requirements.
4- 304(5)
At subsection (5)(g) after the phrase "detail
the source and rights ", delete the remainder
of the paragraph, which reads "and quality of
existing water supply which shall include a
mom
6.04.13(7)(a)
4- 304(7)(a)
6.04.13(7)(b)
4- 304(7)(b)
6.04.13(7)(b)
4- 304(7)(b)
detailed statement of the proposed project's
impact upon the total dissolved solids and
hardness of the Eagle River measured at Dowd
Junction and Dotsero and of the Colorado
River and the Roaring Fork River measured at
the Garfield -Eagle County line,
respectively," and replace with the
following: "for the water su lies for the
system, inclu in an ermits or ecrees for
such ri hts, or the aPP13ration su mitte or
c an e of water ri hts, a ro riation o
water or augmentation p ans.
Environmental Impact Analysis.
(7)(a) Land use.
Delete subsection (7)(a)(10), which reads
"specify if excess service capabilities
created by the proposed development will
generate sprawl or strip development."
Replace deleted subsection (7)(a)(10) with
the following:
(7)(a)(10) Describe the pr
system may be signi icantl
earth wakes, floods, fires
avalanches, rocks ides or
measure taken to reduce th
events upon the system.
(7)(b) water Resources.
obability that the
y affecte3�—
snowslides,
tan sli es and any
e impact of such
Delete last sentence of subsection (1) which
reads "describe the potential effects of the
proposed project on the above - detailed water
feature including the effects on present
water quality and current uses."
Add a new subsection (7)(b)(3) as follows:
Describe otential effects of the ro osed
eyelopment on eutrophication wasteloa
allocations and water SualltY of the -Eagle
River and any existing or propose reservoirs
in the County.
ME
6.04.13(7)(b) Water Resources.
4- 304(7)(b)
Add new subsection (7)(b)(4) as follows:
(4) Describe the DOtential effects of the
proposed 2roject on the above -detai ed water
eatures, inclu in the effects on resent
water Udlluy and current uses. Include a
detailed statement of the ro ose ro'ect s
im act u on the total dissolve solids and
har ness o the Ea 1e River measure at Dowd
Junction an Dotsero and of the Colora o
River and the Roaring Fork River measured at
the Garfield -Eagle Count line, respectively
6.04.13(7)(b)
Water Resources.
4- 304(7)(b)
At subparagraph (7)(b)(iv)(3)(D),
"calculated
change
effort on the average
salinity in
Lake Powell after the project" to
"calculated
effect on average salinity in Lake
Powell
air the project."
6.04.13(7)(b)
Renumber Sections 6.04.13(7)(b)(3)
through
6.04.13(7)(b)(5) to account for the
addition
of new subsections (3) and (4).
6.04.14
4 -305
Waiver of Submission Requirements.
Rewrite entire section to read as
follows:
(1) The Permit Authorit ma waive an art
but not all of the su mission requirements
imposed by this regulation upon petition of
the a2plicariu that lull compliance with the
submission re uirements would be unreasona
burdensome or the a licant an that the
proposed development wit have an
insubstantial im act on the surrounding
area. In cases in which the develoDient or
activity must also comply with PUD and or
subdivision re ulations, the permit hearin
required y t ese regu ations should e hel
at the same time as the re imi
ri lat
heang. Such a waiver of submission
requirements] may be grant- after due
-11-
i 1 �
consideration by the Permit Authority, upon:
a written determination that the information
to be submitted is sufficient for the Permit
Authority to arrive at a permit decision in
full compliance with the law and these
regulations and that the proposed development
will have an insubstantial impact on the
surrounding area;
(2) The petition shall be considered and the
decision rendered by the Permit Authority at
a public hearing held in substantial
compliance with the provisions o Section
6.01.24 of the Administrative Regulations
adopted by this jurisdiction;
(3) In the event the waiver request is
dense , the applicant shall provi e the
re-ulred additional information on or before
Eve 5 a s rior to the ate set for
nearing of the a lication Etsel . I the
applicant tails to provide such in ormation
the Permit Authority may, in its discretion,
vacate the PUD11C hearing on the application
itself and re uire com lete rea lication, or
may continue the hearin .0 accor ance with
Section 6. 5
4- 006(1) Approval of Permit Applications.
Amend subsection (1) to read as follows:
(1) A permit application for a major -
extension of existing domestic water or
sewage treatment system shall be approved,
with reasonable conditions, if an , in the
discretion o the Permit Authorit if the
propose evelopment complies with the
following criteria:
Delete subsection (1)(1) (leapfrog
development), and subsection (1)(o) (natural
hazards).
Amend subsection (1)(t) to read as follows:
-12-
The development site of a major new domestic
water or sewage treatment system is not
subject to significant risk from earthquakes,
floods, fires, snowslides, landslides
avalanches, rockslides or other disasters
which could cause a system operational
breakdown.
Reletter subsections (1)(1) through (t) to
account for the deletion of the two
subsections above.
6.05.05(2) Applicability.
5- 105(2)
Delete existing subsection (2) and replace
with the following:
(2) A permit under these regulations shall be
required prior to or in conjunction with
subdivision, PUD or reliminar plan —
a royal, Out in every case must be -obtained
prior to commencement o construction of the
pro JeCt.
6.05.12 Application for Permit.
5 -303
Change subsection (1) as follows: in first
sentence, change phrase "on appropriate form
prescribed by the Colorado Land Use
Commission" to "on the appropriate form
prescribed by these regulations, at
Exhibit 6 ". -
6.05.13 Add a new subsection (20) as follows:
5 -304
Describe otential effects of the ro osed
evelopment on eutrophication wa steloa
allocations and water quality of the Ea le
River an any existing or proposed reservoirs
in the Gount .
6.05.13 Water Resources.
5 -304
Add new subsection (21) as follows:
(21) Describe the potential effects of the
propose pro "ect on the a ove -de% ile water
-13-
�ti�vs t
(1) The Permit Authority may waive any part
but not all of the submission requirements
imposed by this regulation upon petition of
the applicant that full compliance with the
submission requirements would be unreasonably
burdensome for the applicant and that the
proposed development will have an
insubstantial impact on the surrounding
area. In cases in which the develo went or
activity must also comply with PUD and/or
subdivision re ulations, the perEit hearing
required y these regulations should be held
at the same time as the VLelluiinary plat
hearing. Such a waiver Lot submission
re uirements] may be grante after due
consideration by the Permit Authority, upon a
written determination that the information to
be submitted is sufficient for the Permit
Authority to arrive at a permit decision in
full compliance with the law and these
regulations and that the proposed development
will have an insubstantial impact on the
surrounding area;
(2) The petition shall be considered and the
decision rendered by the Permit Authority at
a public hearing held in substantial
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features, including the effects on present
water quality and current uses Include a
detailed statement of the ro osed roect's
impact upon the total issolve soli s and
hardness of the Eap, e River measured at Dowd
Junction and aLlu of the Colorado
River and the Roarin Fork River measured at
the Gar ie -Eag e COUrity iine, respectively.
6.05.13(16)
Water Resources.
5- 304(16)
At subparagraph (16)(3)(D), change
"calculated
effort on the average salinity in
Lake Powell after the project" to "calculated
effect on average salinity in Lake Powell
after the project."
6.05.14
5 -305
Waiver of Submission Requirements.
Rewrite entire section to read as follows:
(1) The Permit Authority may waive any part
but not all of the submission requirements
imposed by this regulation upon petition of
the applicant that full compliance with the
submission requirements would be unreasonably
burdensome for the applicant and that the
proposed development will have an
insubstantial impact on the surrounding
area. In cases in which the develo went or
activity must also comply with PUD and/or
subdivision re ulations, the perEit hearing
required y these regulations should be held
at the same time as the VLelluiinary plat
hearing. Such a waiver Lot submission
re uirements] may be grante after due
consideration by the Permit Authority, upon a
written determination that the information to
be submitted is sufficient for the Permit
Authority to arrive at a permit decision in
full compliance with the law and these
regulations and that the proposed development
will have an insubstantial impact on the
surrounding area;
(2) The petition shall be considered and the
decision rendered by the Permit Authority at
a public hearing held in substantial
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compliance with the provisions of Section
6.01.24 of the Administrative Regulations
adopted by this jurisdiction;
(3) In the _event the waiver request is
denied, the a 1lcant shall rovide the
r-equired aGaitional information on or efore
five (5) da s rior to the date set for
nearing of the a ication itse I the
applicant tails to provide such information,
the Permit Authorit ma in its iscretion
vacate the u is earin on the a lication
itself an re uire com ete reapplication, or
may continue the earinQ in accordance with
Section �7i.0�
6.05.15 Approval of Permit Application.
5 -306
Amend subsection (1) to read as follows:
A permit application for development of a
municipal or industrial water project shall
be approved, with reasonable conditions if
any, in the discretion of the Permit
Authority, it the propose evelopment
complies with the following criteria:
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